Electrolytic Manganese Dioxide From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 48195-48198 [E8-19099]

Download as PDF sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices (Tipton County), Indiana, about 50 miles north of Indianapolis. The plant, currently under construction, will be used to produce dual–clutch transmissions for automobiles and light trucks (up to 700,000 units annually) for export and the domestic market. The manufacturing process at the facility involves machining, assembly, welding, and testing using domestic and foreign– origin inputs. Components that would be purchased from abroad (representing about 52% of total, by value) to be used in manufacturing include: bearings, differentials, gear sets, clutch assemblies and supports, electric control modules, oil pumps and gears, solenoids, fasteners, lever assemblies, rod assemblies, pawls, retainers, springs, retainers, bushings, articles of plastics, seals, gear oil, grease, and adhesives (duty rate range: free 5.8%, 84¢/bbl.). FTZ procedures would exempt GETRAG from customs duty payments on the foreign components used in export transmission production. On domestic shipments transferred in–bond to U.S. automobile assembly plants with subzone status, no duties would be paid on the foreign transmission components used in automobile and light truck production until the finished motor vehicles are entered for consumption, at which time the finished automobile duty rate (2.5%) could be applied to the foreign–origin components noted above. For the transmissions withdrawn directly by GETRAG for customs entry, the finished transmission rate (2.5%) could be applied to the foreign inputs. Customs duties also could possibly be deferred or reduced on foreign status production equipment. The application indicates that the savings from FTZ procedures would help improve the facility’s international competitiveness. In accordance with the Board’s regulations, Pierre Duy of the FTZ Staff is designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is October 17, 2008. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to November 3, 2008. A copy of the application and accompanying exhibits will be available for public inspection at each of the following locations: U.S. Department of Commerce Export Assistance Center, Suite 106, 11405 N. Pennsylvania Street, Carmel, Indiana 46032; and, Office of the Executive Secretary, Foreign–Trade VerDate Aug<31>2005 16:50 Aug 15, 2008 Jkt 214001 Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230–0002. For further information, contact Pierre Duy at pierrelduy@ita.doc.gov, or (202) 482– 1378. 48195 Dated: August 12, 2008. Faye Robinson, Director. Statutory Import Programs Staff Import Administration. [FR Doc. E8–19098 Filed 8–15–08; 8:45 am] BILLING CODE 3510–DS–S Dated: August 8, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8–19100 Filed 8–15–08; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–S [A–570–919] DEPARTMENT OF COMMERCE International Trade Administration Notice of Decision on Application for Duty–Free Entry of Scientific Instruments This is a decision pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L.106–36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 A.M. and 5:00 P.M. in Room 2104, U.S. Department of Commerce, 14th and Constitution Ave, NW, Washington, D.C. Comments: None received. Decision: Approved. We know of no instruments of equivalent scientific value to the foreign instrument described below, for such purposes as the instrument is intended to be used, that was being manufactured in the United States at the time of its order. Docket Number: 08–018. Applicant: Washington University, St. Louis, MO 63130. Instrument: Modular Hot Cell COMECER Model MIP1–1P–1350. Manufacturer: COMECER, Italy. Intended Use: See notice at 73 FR 30377, May 27, 2008. Reasons: The instrument has a sealed system for isotope work which is separated from the shielded door, which allows for the opening of the door for training purposes without compromising the work area air quality. The separate shield and door design also insures that the door is not contaminated, and thus, the user can open the door to survey the hot cell for radioactivity without the risk of contamination to the user and trainees. This safety feature is specific to this instrument and not available from other U.S. manufacturers. Frm 00009 Fmt 4703 Sfmt 4703 Electrolytic Manganese Dioxide From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 18, 2008. SUMMARY: On March 26, 2008, the Department of Commerce (the ‘‘Department’’) published its preliminary determination of sales at less than fair value (‘‘LTFV’’) in the antidumping (‘‘AD’’) investigation of electrolytic manganese dioxide (‘‘EMD’’) from the People’s Republic of China (‘‘PRC’’). The period of investigation (‘‘POI’’) is January 1, 2007, through June 30, 2007. We invited interested parties to comment on our preliminary determination of sales at LTFV. Based on our analysis of the comments we received, we have made changes to our calculations for the mandatory respondent. We determine that EMD from the PRC is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Tariff Act of 1930, as amended (‘‘the Act’’). The estimated margins of sales at LTFV are shown in the ‘‘Final Determination Margins’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Eugene Degnan or Robert Bolling, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0414 or (202) 482– 3434, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Washington University PO 00000 International Trade Administration Case History The Department published its preliminary determination of sales at LTFV on March 26, 2008. See Electrolytic Manganese Dioxide from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 73 FR 15988 (March 26, E:\FR\FM\18AUN1.SGM 18AUN1 48196 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices 2008) (‘‘Preliminary Determination’’). Between April 21 and April 25, 2008, the Department conducted verification of Guizhou Redstar Developing Import and Export Company, Ltd. (‘‘Redstar’’). See Verification of the Sales and Factors Response of Redstar in the Antidumping Investigation of Electrolytic Manganese Dioxide from the People’s Republic of China, dated June 24, 2008 (‘‘Redstar Verification Report’’). See also the ‘‘Verification’’ section below for additional information. We invited interested parties to comment on the Preliminary Determination. On May 22, 2008, multiple interested parties filed case briefs with respect to the scope of this AD and the concurrent countervailing duty (‘‘CVD’’) proceeding. On May 27, 2008, many of these same parties filed rebuttal comments regarding the scope of these two proceedings. In addition, on May 27, 2008, multiple interested parties filed case briefs with respect to issues specific to the AD proceeding. These same parties filed rebuttal briefs on June 2, 2008. The Department held two hearings on June 12, 2008, one solely related to the scope of the AD and CVD proceedings and the second to address issues related solely to the AD investigation. Period of Investigation The period of investigation (‘‘POI’’) is January 1, 2007, through June 30, 2007. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was September 2007.1 sroberts on PROD1PC70 with NOTICES Scope of Investigation The merchandise covered by this investigation 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 investigation 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 investigation is dispositive. Verification As provided in section 782(i) of the Act, we verified the information submitted by Redstar for use in our final determination. See the Redstar Verification Report on the record of this 1 See 19 CFR 351.204(b)(1). VerDate Aug<31>2005 16:50 Aug 15, 2008 Jkt 214001 investigation in the Central Records Unit (‘‘CRU’’), Room 1117 of the main Department building. We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by respondents. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Issues and Decision Memorandum for the Antidumping Duty Investigation of Electrolytic Manganese Dioxide from the People’s Republic of China, dated concurrently with this notice and, which is hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file in the CRU, and is accessible on the Web at ia.ita.doc.gov/frn. The paper copy and electronic version of the memorandum are identical in content. Changes Since the Preliminary Determination Based on our analysis of information on the record of this investigation, we have made changes to the margin calculations for the final determination for all mandatory respondents. General Issues Based on an analysis of comments received, and the update of the PRC wage rate, the Department has made certain changes in the margin calculations. For the final determination, the Department has made the following changes with respect to Redstar: • The Department is valuing the inputs manganese carbonate ore and manganese oxide ore using the publicly available price list from Manganese Ore India Ltd.’s (‘‘MOIL’’) website, and adjusting the value to account for the percentage of manganese content. See Electrolytic Manganese Dioxide from the People’s Republic of China: Surrogate Value Memorandum for the Final Determination (August 8, 2008) (‘‘Surrogate Value Memo’’); Issues and Decisions Memo at Comment 2. • The Department is using the financial statements of MOIL to calculate the surrogate financial ratios. The Department is basing the overhead and profit on the EMD division of MOIL, and the selling, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 general and administrative expenses ratio on the entire consolidated statements of MOIL. See Surrogate Value Memo; Issues and Decision Memorandum at Comment 3. • The Department is valuing all steam used in the production of EMD, including that steam derived as a by–product from production of merchandise not under investigation. Electrolytic Manganese Dioxide from the People’s Republic of China: Analysis Memorandum for the Final Determination (August 8, 2008) (‘‘Analysis Memo’’); Issues and Decision Memorandum at Comment 4. • The Department is using the Maharashtra Industrial Development Corporation (‘‘MIDC’’) updated water tariff schedule, effective June 1, 2007, to value water. See Surrogate Value Memo; Issues and Decision Memorandum at Comment 6. • The Department is valuing Redstar’s coal using TERI data for grade C steam coal. See Surrogate Value Memo; Issues and Decision Memorandum at Comment 9. • The Department is valuing labor using its revised labor rates published May 14, 2008. See Surrogate Value Memo; Issues and Decision Memorandum at Comment 10. • The Department is including in its calculation of normal value (‘‘NV’’) the electricity consumed by lighting and appliances in Redstar’s workshops. See Analysis Memo; Issues and Decision Memorandum at Comment 11. Surrogate Country In the Preliminary Determination, we stated that we had selected India as the appropriate surrogate country to use in this investigation for the following reasons: (1) it is a significant producer of comparable merchandise; (2) it is at a similar level of economic development comparable to that of the PRC; and (3) we have reliable data from India that we can use to value the factors of production. See Preliminary Determination. For the final determination, we received no comments and have made no changes to our findings with respect to the selection of a surrogate country. Separate Rates In proceedings involving non–marketeconomy (‘‘NME’’) countries, the Department begins with a rebuttable presumption that all companies within E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices sroberts on PROD1PC70 with NOTICES the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an investigation in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. See Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’), as amplified by Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People’s Republic of China, 59 FR 22585 (May 2, 1994) (‘‘Silicon Carbide’’), and 19 CFR 351.107(d). In the Preliminary Determination, we found that Redstar demonstrated its eligibility for separate–rate status. For the final determination, we continue to find that the evidence placed on the record of this investigation by Redstar demonstrates both de jure and de facto absence of government control with respect to its exports of the merchandise under investigation, and therefore, Redstar is eligible for separate–rate status. Use of Facts Available Section 776(a)(2) of the Act provides that, if an interested party: (A) withholds information that has been requested by the Department; (B) fails to provide such information in a timely manner or in the form or manner requested subject to sections 782(c)(1) and (e) of the Act; (C) significantly impedes a proceeding under the antidumping statute; or (D) provides such information but the information cannot be verified, the Department shall, subject to subsection 782(d) of the Act, use facts otherwise available in reaching the applicable determination. Section 782(c)(1) of the Act provides that if an interested party ‘‘promptly after receiving a request from {the Department} for information, notifies {the Department} that such party is unable to submit the information requested in the requested form and manner, together with a full explanation and suggested alternative forms in which such party is able to submit the information,’’ the Department may modify the requirements to avoid imposing an unreasonable burden on that party. Section 782(d) of the Act provides that, if the Department determines that a response to a request for information does not comply with the request, the Department will inform the person submitting the response of the nature of the deficiency and shall, to the extent VerDate Aug<31>2005 16:50 Aug 15, 2008 Jkt 214001 practicable, provide that person the opportunity to remedy or explain the deficiency. If that person submits further information that continues to be unsatisfactory, or this information is not submitted within the applicable time limits, the Department may, subject to section 782(e), disregard all or part of the original and subsequent responses, as appropriate. Section 782(e) of the Act states that the Department shall not decline to consider information deemed ‘‘deficient’’ under section 782(d) if: (1) the information is submitted by the established deadline; (2) the information can be verified; (3) the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination; (4) the interested party has demonstrated that it acted to the best of its ability; and (5) the information can be used without undue difficulties. Furthermore, section 776(b) of the Act states that if the Department ‘‘finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information from the administering authority or the Commission, the administering authority or the Commission ..., in reaching the applicable determination under this title, may use an inference that is adverse to the interests of that party in selecting from among the facts otherwise available.’’ See also Statement of Administrative Action (SAA) accompanying the Uruguay Round Agreements Act (URAA), H.R. Rep. No. 103–316, Vol. 1 at 870 (1994). For this final determination, in accordance with sections 773(c)(3)(A) and (B) of the Act and sections 776(a)(2)(A), (B) and (D) and 776(b) of the Act, we have determined that the use of adverse facts available (‘‘AFA’’) is warranted for the PRC entity, as discussed below. The PRC–Wide Rate Because we begin with the presumption that all companies within an NME country are subject to government control and because only the company listed under the ‘‘Final Determination Margin’’ section below has overcome that presumption, we are applying a single antidumping rate - the PRC–wide rate - to all other exporters of subject merchandise from the PRC. See, e.g., Synthetic Indigo from the People’s Republic of China: Notice of Final Determination of Sales at Less Than Fair Value, 65 FR 25706 (May 3, 2000). The PRC–wide rate applies to all entries of subject merchandise except for entries from Redstar. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 48197 In the Preliminary Determination, the Department found that the PRC–wide entity (including Xiangtan Electrochemical Scientific Ltd.) failed to respond to the Department’s questionnaires, withheld or failed to provide information in a timely manner or in the form or manner requested by the Department, and otherwise impeded the proceeding. Therefore, in the Preliminary Determination we treated these PRC producers/exporters as part of the PRC–wide entity because they did not demonstrate that they operate free of government control over their export activities. No additional information was placed on the record with respect to these entities after the Preliminary Determination. In addition, because the PRC–wide entity did not provide the Department with the requested information, pursuant to section 776(a)(2)(A) and (C) of the Act, the Department continues to find that the use of facts available is appropriate to determine the PRC–wide rate. Section 776(b) of the Act provides that, in selecting from among the facts otherwise available, the Department may employ an adverse inference if an interested party fails to cooperate by not acting to the best of its ability to comply with requests for information. See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cold– Rolled Flat–Rolled Carbon–Quality Steel Products from the Russian Federation, 65 FR 5510, 5518 (February 4, 2000). See also, SAA at 870. We have determined that, because the PRC–wide entity did not respond to our request for information, it has failed to cooperate to the best of its ability. Therefore, the Department finds that, in selecting from among the facts otherwise available, an adverse inference is warranted. Corroboration Section 776(c) of the Act provides that, when the Department relies on secondary information in using the facts otherwise available, it must, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. We have interpreted ‘‘corroborate’’ to mean that we will, to the extent practicable, examine the reliability and relevance of the information submitted. See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cold–Rolled Flat–Rolled Carbon–Quality Steel Products From Brazil, 65 FR 5554, 5568 (February 4, 2000); see, e.g., Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, From Japan; E:\FR\FM\18AUN1.SGM 18AUN1 48198 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996) (unchanged in the final results). In the Preliminary Determination, we stated we used as AFA the higher of (a) the highest margin alleged in the petition, or (b) the highest calculated rate of any respondent in the investigation.2 No parties commented on the selection of the PRC–wide rate. In the instant investigation, as AFA for the final determination, we have assigned to the PRC–wide entity a margin of 149.92 percent, the highest calculated rate of any respondent in this proceeding, which is the calculated rate of the respondent Redstar. We determined that this information is the most appropriate from the available sources to effectuate the purposes of AFA. Because the AFA rate for this investigation is a calculated rate from the respondent and is not based on secondary information, no corroboration is required within the meaning of section 776(c) of the Act. Final Determination Margins We determine that the following weighted–average percentage margin exists for the POI: EXPORTER PRODUCER Guizhou Redstar Developing Import and Export Company, Ltd. ................ Guizhou Redstar Developing Dalong Manganese Industrial Co., Ltd. ................................................................................ PRC–Wide Entity ......................................................................................... MARGIN 149.92 % *149.92 % * Xiangtan Electrochemical Scientific Ltd. is included in the PRC–wide entity Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). sroberts on PROD1PC70 with NOTICES Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we are directing U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend liquidation of all imports of subject merchandise entered or withdrawn from warehouse, for consumption on or after March 26, 2008, the date of publication of the Preliminary Determination in the Federal Register. We will instruct CBP to continue to require a cash deposit or the posting of a bond for all companies based on the estimated weighted– average dumping margins shown above. The suspension of liquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (‘‘ITC’’) of our final determination of sales at LTFV. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, within 45 days the ITC will determine whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC 2See Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Carbon Quality VerDate Aug<31>2005 16:50 Aug 15, 2008 Jkt 214001 determines that such injury does exist, the Department will issue an antidumping duty order and directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO Dated: August 8, 2008. David M. Spooner, Assistant Secretary for Import Administration. Appendix Comment 1: Valuation of Manganese Ore as an Intermediate Input Comment 2: Surrogate Value for Manganese Ore Comment 3: Surrogate Financial Ratio Calculation Comment 4: Steam Consumption Comment 5: Electricity Inputs to Steam Production Comment 6: Surrogate Value for Water Comment 7: Surrogate Value Source for Truck Freight Comment 8: Grinding Bars and Rings Steel Products from the People’s Republic of China, 65 FR 34660 (May 21, 2000), and accompanying Frm 00012 Fmt 4703 Sfmt 4703 [FR Doc. E8–19099 Filed 8–15–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE This notice also serves as a reminder to the parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. PO 00000 Comment 9: Surrogate Value for Coal Comment 10: Labor Wage Rate Comment 11: Electricity used for Lighting and Appliances in Workshops International Trade Administration Exporters’ Textile Advisory Committee; Notice of Open Meeting A meeting of the Exporters’ Textile Advisory Committee will be held on September 24, 2008 from 12:00 p.m. 4:00 p.m.at Stonefield Josephson, 2049 Century Park E, Suite 400, Los Angeles, CA 90067. The Committee provides advice and guidance to Department officials on the identification and surmounting of barriers to the expansion of textile exports, and on methods of encouraging textile firms to participate in export expansion. The Committee functions solely as an advisory body in accordance with the provisions of the Federal Advisory Committee Act. The meeting will be open to the public with a limited number of seats available. For further information contact Kim Bang-Nguyen at (202) 4824805. Minutes of all ETAC meetings are posted at otexa.ita.doc.gov. Dated: August 12, 2008. R. Matthew Priest, Chairman, Committee for Implementation of Textile Agreements. [FR Doc. E8–19091 Filed 8–15–08; 8:45 am] BILLING CODE 3510–DS–S Issues and Decision Memorandum at ‘‘Facts Available.’’ E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Notices]
[Pages 48195-48198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19099]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-919]


Electrolytic Manganese Dioxide From the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 18, 2008.
SUMMARY: On March 26, 2008, the Department of Commerce (the 
``Department'') published its preliminary determination of sales at 
less than fair value (``LTFV'') in the antidumping (``AD'') 
investigation of electrolytic manganese dioxide (``EMD'') from the 
People's Republic of China (``PRC''). The period of investigation 
(``POI'') is January 1, 2007, through June 30, 2007. We invited 
interested parties to comment on our preliminary determination of sales 
at LTFV. Based on our analysis of the comments we received, we have 
made changes to our calculations for the mandatory respondent. We 
determine that EMD from the PRC is being, or is likely to be, sold in 
the United States at LTFV as provided in section 735 of the Tariff Act 
of 1930, as amended (``the Act''). The estimated margins of sales at 
LTFV are shown in the ``Final Determination Margins'' section of this 
notice.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan or Robert Bolling, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0414 or (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Case History

    The Department published its preliminary determination of sales at 
LTFV on
    March 26, 2008. See Electrolytic Manganese Dioxide from the 
People's Republic of China: Preliminary Determination of Sales at Less 
Than Fair Value and Postponement of Final Determination, 73 FR 15988 
(March 26,

[[Page 48196]]

2008) (``Preliminary Determination''). Between April 21 and April 25, 
2008, the Department conducted verification of Guizhou Redstar 
Developing Import and Export Company, Ltd. (``Redstar''). See 
Verification of the Sales and Factors Response of Redstar in the 
Antidumping Investigation of Electrolytic Manganese Dioxide from the 
People's Republic of China, dated June 24, 2008 (``Redstar Verification 
Report''). See also the ``Verification'' section below for additional 
information.
    We invited interested parties to comment on the Preliminary 
Determination. On May 22, 2008, multiple interested parties filed case 
briefs with respect to the scope of this AD and the concurrent 
countervailing duty (``CVD'') proceeding. On May 27, 2008, many of 
these same parties filed rebuttal comments regarding the scope of these 
two proceedings. In addition, on May 27, 2008, multiple interested 
parties filed case briefs with respect to issues specific to the AD 
proceeding. These same parties filed rebuttal briefs on June 2, 2008. 
The Department held two hearings on June 12, 2008, one solely related 
to the scope of the AD and CVD proceedings and the second to address 
issues related solely to the AD investigation.

Period of Investigation

    The period of investigation (``POI'') is January 1, 2007, through 
June 30, 2007. This period corresponds to the two most recent fiscal 
quarters prior to the month of the filing of the petition, which was 
September 2007.\1\
---------------------------------------------------------------------------

    \1\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------

Scope of Investigation

    The merchandise covered by this investigation includes all 
manganese dioxide (MnO[bds2]) 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 investigation 
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 investigation is dispositive.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by Redstar for use in our final determination. 
See the Redstar Verification Report on the record of this investigation 
in the Central Records Unit (``CRU''), Room 1117 of the main Department 
building. We used standard verification procedures, including 
examination of relevant accounting and production records, as well as 
original source documents provided by respondents.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Issues and Decision Memorandum 
for the Antidumping Duty Investigation of Electrolytic Manganese 
Dioxide from the People's Republic of China, dated concurrently with 
this notice and, which is hereby adopted by this notice (``Issues and 
Decision Memorandum''). A list of the issues which parties raised and 
to which we respond in the Issues and Decision Memorandum is attached 
to this notice as Appendix II. The Issues and Decision Memorandum is a 
public document and is on file in the CRU, and is accessible on the Web 
at ia.ita.doc.gov/frn. The paper copy and electronic version of the 
memorandum are identical in content.

Changes Since the Preliminary Determination

    Based on our analysis of information on the record of this 
investigation, we have made changes to the margin calculations for the 
final determination for all mandatory respondents.

General Issues

    Based on an analysis of comments received, and the update of the 
PRC wage rate, the Department has made certain changes in the margin 
calculations. For the final determination, the Department has made the 
following changes with respect to Redstar:
     The Department is valuing the inputs manganese carbonate 
ore and manganese oxide ore using the publicly available price list 
from Manganese Ore India Ltd.'s (``MOIL'') website, and adjusting the 
value to account for the percentage of manganese content. See 
Electrolytic Manganese Dioxide from the People's Republic of China: 
Surrogate Value Memorandum for the Final Determination (August 8, 2008) 
(``Surrogate Value Memo''); Issues and Decisions Memo at Comment 2.
     The Department is using the financial statements of MOIL 
to calculate the surrogate financial ratios. The Department is basing 
the overhead and profit on the EMD division of MOIL, and the selling, 
general and administrative expenses ratio on the entire consolidated 
statements of MOIL. See Surrogate Value Memo; Issues and Decision 
Memorandum at Comment 3.
     The Department is valuing all steam used in the production 
of EMD, including that steam derived as a by-product from production of 
merchandise not under investigation. Electrolytic Manganese Dioxide 
from the People's Republic of China: Analysis Memorandum for the Final 
Determination (August 8, 2008) (``Analysis Memo''); Issues and Decision 
Memorandum at Comment 4.
     The Department is using the Maharashtra Industrial 
Development Corporation (``MIDC'') updated water tariff schedule, 
effective June 1, 2007, to value water. See Surrogate Value Memo; 
Issues and Decision Memorandum at Comment 6.
     The Department is valuing Redstar's coal using TERI data 
for grade C steam coal. See Surrogate Value Memo; Issues and Decision 
Memorandum at Comment 9.
     The Department is valuing labor using its revised labor 
rates published May 14, 2008. See Surrogate Value Memo; Issues and 
Decision Memorandum at Comment 10.
     The Department is including in its calculation of normal 
value (``NV'') the electricity consumed by lighting and appliances in 
Redstar's workshops. See Analysis Memo; Issues and Decision Memorandum 
at Comment 11.

Surrogate Country

    In the Preliminary Determination, we stated that we had selected 
India as the appropriate surrogate country to use in this investigation 
for the following reasons: (1) it is a significant producer of 
comparable merchandise; (2) it is at a similar level of economic 
development comparable to that of the PRC; and (3) we have reliable 
data from India that we can use to value the factors of production. See 
Preliminary Determination. For the final determination, we received no 
comments and have made no changes to our findings with respect to the 
selection of a surrogate country.

Separate Rates

    In proceedings involving non-market-economy (``NME'') countries, 
the Department begins with a rebuttable presumption that all companies 
within

[[Page 48197]]

the country are subject to government control and, thus, should be 
assigned a single antidumping duty deposit rate. It is the Department's 
policy to assign all exporters of merchandise subject to an 
investigation in an NME country this single rate unless an exporter can 
demonstrate that it is sufficiently independent so as to be entitled to 
a separate rate. See Final Determination of Sales at Less Than Fair 
Value: Sparklers from the People's Republic of China, 56 FR 20588 (May 
6, 1991) (``Sparklers''), as amplified by Notice of Final Determination 
of Sales at Less Than Fair Value: Silicon Carbide from the People's 
Republic of China, 59 FR 22585 (May 2, 1994) (``Silicon Carbide''), and 
19 CFR 351.107(d).
    In the Preliminary Determination, we found that Redstar 
demonstrated its eligibility for separate-rate status. For the final 
determination, we continue to find that the evidence placed on the 
record of this investigation by Redstar demonstrates both de jure and 
de facto absence of government control with respect to its exports of 
the merchandise under investigation, and therefore, Redstar is eligible 
for separate-rate status.

Use of Facts Available

    Section 776(a)(2) of the Act provides that, if an interested party: 
(A) withholds information that has been requested by the Department; 
(B) fails to provide such information in a timely manner or in the form 
or manner requested subject to sections 782(c)(1) and (e) of the Act; 
(C) significantly impedes a proceeding under the antidumping statute; 
or (D) provides such information but the information cannot be 
verified, the Department shall, subject to subsection 782(d) of the 
Act, use facts otherwise available in reaching the applicable 
determination.
    Section 782(c)(1) of the Act provides that if an interested party 
``promptly after receiving a request from {the Department{time}  for 
information, notifies {the Department{time}  that such party is unable 
to submit the information requested in the requested form and manner, 
together with a full explanation and suggested alternative forms in 
which such party is able to submit the information,'' the Department 
may modify the requirements to avoid imposing an unreasonable burden on 
that party.
    Section 782(d) of the Act provides that, if the Department 
determines that a response to a request for information does not comply 
with the request, the Department will inform the person submitting the 
response of the nature of the deficiency and shall, to the extent 
practicable, provide that person the opportunity to remedy or explain 
the deficiency. If that person submits further information that 
continues to be unsatisfactory, or this information is not submitted 
within the applicable time limits, the Department may, subject to 
section 782(e), disregard all or part of the original and subsequent 
responses, as appropriate.
    Section 782(e) of the Act states that the Department shall not 
decline to consider information deemed ``deficient'' under section 
782(d) if: (1) the information is submitted by the established 
deadline; (2) the information can be verified; (3) the information is 
not so incomplete that it cannot serve as a reliable basis for reaching 
the applicable determination; (4) the interested party has demonstrated 
that it acted to the best of its ability; and (5) the information can 
be used without undue difficulties.
    Furthermore, section 776(b) of the Act states that if the 
Department ``finds that an interested party has failed to cooperate by 
not acting to the best of its ability to comply with a request for 
information from the administering authority or the Commission, the 
administering authority or the Commission ..., in reaching the 
applicable determination under this title, may use an inference that is 
adverse to the interests of that party in selecting from among the 
facts otherwise available.'' See also Statement of Administrative 
Action (SAA) accompanying the Uruguay Round Agreements Act (URAA), H.R. 
Rep. No. 103-316, Vol. 1 at 870 (1994).
    For this final determination, in accordance with sections 
773(c)(3)(A) and (B) of the Act and sections 776(a)(2)(A), (B) and (D) 
and 776(b) of the Act, we have determined that the use of adverse facts 
available (``AFA'') is warranted for the PRC entity, as discussed 
below.

The PRC-Wide Rate

    Because we begin with the presumption that all companies within an 
NME country are subject to government control and because only the 
company listed under the ``Final Determination Margin'' section below 
has overcome that presumption, we are applying a single antidumping 
rate - the PRC-wide rate - to all other exporters of subject 
merchandise from the PRC. See, e.g., Synthetic Indigo from the People's 
Republic of China: Notice of Final Determination of Sales at Less Than 
Fair Value, 65 FR 25706 (May 3, 2000). The PRC-wide rate applies to all 
entries of subject merchandise except for entries from Redstar.
    In the Preliminary Determination, the Department found that the 
PRC-wide entity (including Xiangtan Electrochemical Scientific Ltd.) 
failed to respond to the Department's questionnaires, withheld or 
failed to provide information in a timely manner or in the form or 
manner requested by the Department, and otherwise impeded the 
proceeding. Therefore, in the Preliminary Determination we treated 
these PRC producers/exporters as part of the PRC-wide entity because 
they did not demonstrate that they operate free of government control 
over their export activities. No additional information was placed on 
the record with respect to these entities after the Preliminary 
Determination. In addition, because the PRC-wide entity did not provide 
the Department with the requested information, pursuant to section 
776(a)(2)(A) and (C) of the Act, the Department continues to find that 
the use of facts available is appropriate to determine the PRC-wide 
rate. Section 776(b) of the Act provides that, in selecting from among 
the facts otherwise available, the Department may employ an adverse 
inference if an interested party fails to cooperate by not acting to 
the best of its ability to comply with requests for information. See 
Notice of Final Determination of Sales at Less Than Fair Value: Certain 
Cold-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian 
Federation, 65 FR 5510, 5518 (February 4, 2000). See also, SAA at 870. 
We have determined that, because the PRC-wide entity did not respond to 
our request for information, it has failed to cooperate to the best of 
its ability. Therefore, the Department finds that, in selecting from 
among the facts otherwise available, an adverse inference is warranted.

Corroboration

    Section 776(c) of the Act provides that, when the Department relies 
on secondary information in using the facts otherwise available, it 
must, to the extent practicable, corroborate that information from 
independent sources that are reasonably at its disposal. We have 
interpreted ``corroborate'' to mean that we will, to the extent 
practicable, examine the reliability and relevance of the information 
submitted. See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products 
From Brazil, 65 FR 5554, 5568 (February 4, 2000); see, e.g., Tapered 
Roller Bearings and Parts Thereof, Finished and Unfinished, From Japan, 
and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, 
and Components Thereof, From Japan;

[[Page 48198]]

Preliminary Results of Antidumping Duty Administrative Reviews and 
Partial Termination of Administrative Reviews, 61 FR 57391, 57392 
(November 6, 1996) (unchanged in the final results).
    In the Preliminary Determination, we stated we used as AFA the 
higher of (a) the highest margin alleged in the petition, or (b) the 
highest calculated rate of any respondent in the investigation.\2\ No 
parties commented on the selection of the PRC-wide rate. In the instant 
investigation, as AFA for the final determination, we have assigned to 
the PRC-wide entity a margin of 149.92 percent, the highest calculated 
rate of any respondent in this proceeding, which is the calculated rate 
of the respondent Redstar. We determined that this information is the 
most appropriate from the available sources to effectuate the purposes 
of AFA. Because the AFA rate for this investigation is a calculated 
rate from the respondent and is not based on secondary information, no 
corroboration is required within the meaning of section 776(c) of the 
Act.
---------------------------------------------------------------------------

    \2\See Final Determination of Sales at Less Than Fair Value: 
Certain Cold-Rolled Carbon Quality Steel Products from the People's 
Republic of China, 65 FR 34660 (May 21, 2000), and accompanying 
Issues and Decision Memorandum at ``Facts Available.''
---------------------------------------------------------------------------

Final Determination Margins

    We determine that the following weighted-average percentage margin 
exists for the POI:

----------------------------------------------------------------------------------------------------------------
                    EXPORTER                                        PRODUCER                         MARGIN
----------------------------------------------------------------------------------------------------------------
Guizhou Redstar Developing Import and Export       Guizhou Redstar Developing Dalong Manganese          149.92 %
 Company, Ltd..................................                           Industrial Co., Ltd.
PRC-Wide Entity................................  .............................................         *149.92 %
----------------------------------------------------------------------------------------------------------------
 * Xiangtan Electrochemical Scientific Ltd. is included in the PRC-wide entity

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all imports of subject merchandise entered or 
withdrawn from warehouse, for consumption on or after March 26, 2008, 
the date of publication of the Preliminary Determination in the Federal 
Register. We will instruct CBP to continue to require a cash deposit or 
the posting of a bond for all companies based on the estimated 
weighted-average dumping margins shown above. The suspension of 
liquidation instructions will remain in effect until further notice.

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of our final determination of 
sales at LTFV. As our final determination is affirmative, in accordance 
with section 735(b)(2) of the Act, within 45 days the ITC will 
determine whether the domestic industry in the United States is 
materially injured, or threatened with material injury, by reason of 
imports or sales (or the likelihood of sales) for importation of the 
subject merchandise. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated and all securities posted will be refunded or canceled. If 
the ITC determines that such injury does exist, the Department will 
issue an antidumping duty order and directing CBP to assess antidumping 
duties on all imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding APO

    This notice also serves as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i)(1) of the Act.

    Dated: August 8, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

Comment 1: Valuation of Manganese Ore as an Intermediate Input
Comment 2: Surrogate Value for Manganese Ore
Comment 3: Surrogate Financial Ratio Calculation
Comment 4: Steam Consumption
Comment 5: Electricity Inputs to Steam Production
Comment 6: Surrogate Value for Water
Comment 7: Surrogate Value Source for Truck Freight
Comment 8: Grinding Bars and Rings
Comment 9: Surrogate Value for Coal
Comment 10: Labor Wage Rate
Comment 11: Electricity used for Lighting and Appliances in Workshops
[FR Doc. E8-19099 Filed 8-15-08; 8:45 am]
BILLING CODE 3510-DS-S