[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Notices]
[Page 40970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14681]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-919]
Electrolytic Manganese Dioxide From the People's Republic of
China: Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) order on electrolytic manganese
dioxide from the People's Republic of China (China) would likely lead
to continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of the AD order.
DATES: Applicable July 8, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna or Howard Smith, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0835 or (202) 482-5193,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2008, Commerce published in the Federal Register the
AD order on electrolytic manganese dioxide from China.\1\ On December
2, 2019, the ITC instituted and Commerce initiated the second sunset
review of the Order pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act).\2\ Commerce conducted this sunset review on
an expedited basis, pursuant to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2) because it received a complete timely and
adequate notice of intent to participate in the sunset review and
substantive response from domestic interested parties \3\ but no
substantive responses from respondent interested parties. As a result
of its review, Commerce determined pursuant to sections 751(c)(1) and
752(c) of the Act, that revocation of the Order would likely lead to
continuation or recurrence of dumping. Commerce also notified the ITC
of the magnitude of the dumping margins likely to prevail should the
Order be revoked.\4\ On June 25, 2020, the ITC published its
determination, pursuant to sections 751(c) and 752(a) of the Act, that
revocation of the Order would be likely to lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\5\
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\1\ See Antidumping Duty Order: Electrolytic Manganese Dioxide
from the People's Republic of China, 73 FR 58537 (October 7, 2008)
(Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 65968
(December 2, 2019); see also Electrolytic Manganese Dioxide From
China; Institution of a Five-Year Review, 84 FR 66005 (December 2,
2019).
\3\ See Domestic Interested Parties' Letter, ``Electrolytic
Manganese Dioxide from the People's Republic of China: Notice of
Intent to Participate,'' dated December 17, 2019; see also Domestic
Interested Parties' Letter, ``Electrolytic Manganese Dioxide from
the People's Republic of China: Substantive Response to Notice of
Initiation of Five-Year (Sunset) Review of the Antidumping Duty
Order,'' dated January 2, 2020.
\4\ See Electrolytic Manganese Dioxide From the People's
Republic of China: Final Results of the Expedited Second Sunset
Review of the Antidumping Duty Order, 85 FR 16057 (March 20, 2020)
(Final Results).
\5\ See Electrolytic Manganese Dioxide from China;
Determination, Investigation No. 731-TA-1125 (Second Review), 85 FR
38159 (June 25, 2020).
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Scope of the Order
The merchandise covered by this Order includes all manganese
dioxide (MnO2) that has been manufactured in an electrolysis process,
whether in powder, chip, or plate form. Excluded from the scope are
natural manganese dioxide (NMD) and chemical manganese dioxide (CMD).
The merchandise subject to this Order is classified in the Harmonized
Tariff Schedule of the United States (HTSUS) at subheading
2820.10.00.00. While the HTSUS subheading is provided for convenience
and customs purposes, the written description of the scope of this
Order is dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to continuation or recurrence
of dumping and material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of the AD order on electrolytic
manganese dioxide from China. U.S. Customs and Border Protection will
continue to collect AD cash deposits at the rates in effect at the time
of entry for all imports of subject merchandise. The effective date of
the continuation of the Order will be the date of publication in the
Federal Register of this notice of continuation. Pursuant to section
751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to
initiate the next sunset review of the Order not later than 30 days
prior to the fifth anniversary of the effective date of continuation.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act and this notice is published
pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: June 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-14681 Filed 7-7-20; 8:45 am]
BILLING CODE 3510-DS-P