Electrolytic Manganese Dioxide From Australia and the People's Republic of China: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders, 6162-6163 [2014-02240]

Download as PDF 6162 Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Notices For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. Dated: January 28, 2014. Christian Marsh, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–02228 Filed 1–31–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews Enforcement and Compliance, Formerly Import Administration, International Trade Administration, Department of Commerce. AGENCY: Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for March 2014 The following Sunset Reviews are scheduled for initiation in March 2014 and will appear in that month’s Notice of Initiation of Five-Year Sunset Review (‘‘Sunset Review’’). Department contact Antidumping Duty Proceedings 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from India (A–533–847) (1st Review) ..................... 1-Hydroxyethylidene-1,1-Diphosphonic Acid (HEDP) from China (A–570–934) (1st Review) .................... Frontseating Service Valves from China (A–570–933) (1st Review) .......................................................... Malleable Cast Iron Pipe Fittings from China (A–570–881) (2nd Review) .................................................. Polyvinyl Alcohol from China (A–570–879) (2nd Review) ........................................................................... Steel Threaded Rod from China (A–570–932) (1st Review) ....................................................................... Polyvinyl Alcohol from Japan (A–588–861) (2nd Review) ........................................................................... Polyvinyl Alcohol from Republic of Korea (A–580–850) (2nd Review) ........................................................ Countervailing Duty Proceedings No Sunset Review of countervailing duty orders is scheduled for initiation in March 2014. mstockstill on DSK4VPTVN1PROD with NOTICES Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in March 2014. The Department’s procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no VerDate Mar<15>2010 20:46 Jan 31, 2014 Jkt 232001 later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: January 24, 2014. Christian Marsh, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–02227 Filed 1–31–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–919; A–602–806] Electrolytic Manganese Dioxide From Australia and the People’s Republic of China: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders Enforcement and Compliance, Formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 3, 2013, the Department of Commerce (‘‘the Department’’) initiated the first sunset reviews of the antidumping duty (‘‘AD’’) orders on electrolytic manganese dioxide (‘‘EMD’’) from Australia and the People’s Republic of China (‘‘PRC’’) pursuant to section 751(c) of the Tariff AGENCY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Charles Riggle (202) 482–0650. Charles Riggle (202) 482–0650. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. Charles Riggle (202) 482–0650. David Goldberger (202) 482–4136. David Goldberger (202) 482–4136. Act of 1930, as amended (‘‘the Act’’). Based on the notice of intent to participate and adequate substantive response filed by the domestic interested party, and the lack of response from any respondent interested party, the Department conducted expedited (120-day) sunset reviews of these AD orders, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of the AD orders would likely lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Reviews’’ section of this notice. DATES: Effective Date: February 3, 2014. Lori Apodaca or Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4551 or (202) 482– 5193, respectively. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background On August 14 and 18, 2008, the Department published the AD orders on EMD from Australia and the PRC, E:\FR\FM\03FEN1.SGM 03FEN1 Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Notices respectively.1 On September 3, 2013, the Department published the notice of initiation of the first sunset reviews of the AD orders on EMD from Australia and the PRC, pursuant to section 751(c) of the Act.2 On September 12, 2013, pursuant to 19 CFR 351.218(d)(1), the Department received timely and complete notices of intent to participate in the sunset reviews for both orders from Erachem Comilog, Inc. and Tronox LLC (collectively ‘‘Domestic Producers’’). On October 2, 2013, pursuant to 19 CFR 351.218(d)(3), Domestic Producers filed a timely and adequate substantive response for both orders. The Department did not receive substantive responses from any respondent interested party. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited (120-day) sunset reviews of the AD orders on EMD from Australia and the PRC. As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.3 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. The revised deadline for the final results of this sunset review is now January 21, 2014. mstockstill on DSK4VPTVN1PROD with NOTICES Scope of the Orders The merchandise covered by these orders includes all manganese dioxide (MnO[2]) 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 these orders 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 these orders is dispositive. 1 See Electrolytic Manganese Dioxide From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 73 FR 48195 (August 18, 2008) (‘‘PRC Final Determination’’); see also Notice of Final Determination of Sales at Less Than Fair Value and Termination of CriticalCircumstances Investigation: Electrolytic Manganese Dioxide from Australia, 73 FR 47586 (August 14, 2008) (‘‘Australia Final Determination’’). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 FR 54237 (September 3, 2013). 3 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). VerDate Mar<15>2010 20:46 Jan 31, 2014 Jkt 232001 Analysis of Comments Received A complete discussion of all issues raised in these sunset reviews is provided in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.4 The issues discussed in the I&D Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margins likely to prevail if the orders are revoked. The I&D Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). Access to IA ACCESS is available in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the I&D Memorandum can be accessed at https:// enforcement.trade.gov/frn/. The signed I&D Memorandum and the electronic versions of the I&D Memorandum are identical in content. 6163 Notification Regarding Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: January 16, 2014. Christian Marsh, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–02240 Filed 1–31–14; 8:45 am] BILLING CODE 3510–DS–P Final Results of Sunset Reviews DEPARTMENT OF COMMERCE The Department determines that revocation of the AD orders on EMD from Australia and the PRC would be likely to lead to continuation or recurrence of dumping, with the following dumping margins likely to prevail: International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review Enforcement and Compliance, Formerly Import Administration, International Trade Administration, Department of Commerce. WeightedSUMMARY: In accordance with section average Exporter/producer percentage 751(c) of the Tariff Act of 1930, as margin amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is PRC automatically initiating five-year reviews (‘‘Sunset Reviews’’) of the Guizhou Redstar Developing Imantidumping and countervailing duty port & Export Company, Ltd./ (‘‘AD/CVD’’) orders listed below. The Guizhou Redstar Developing International Trade Commission (‘‘the Dalong Manganese lndustrial Co., Ltd. .................................. 149.92 Commission’’) is publishing PRC–Wide Entity (including concurrently with this notice its notice Xiangtan Electrochemical Sciof Institution of Five-Year Review which entific Ltd.) .............................. 149.92 covers the same orders. DATES: Australia Delta Australia Pty Ltd. ............... All Others .................................... 83.66 83.66 4 See ‘‘Issues and Decision Memorandum for the Expedited First Sunset Reviews of the Antidumping Duty Orders on Electrolytic Manganese Dioxide from Australia and the People’s Republic of China,’’ from Abdelali Elouaradia, Director, Office IV, Antidumping and Countervailing Duty Operations, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, dated concurrently with this notice (‘‘I&D Memorandum’’). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 AGENCY: Effective Date: February 1, 2014. The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6162-6163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02240]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-919; A-602-806]


Electrolytic Manganese Dioxide From Australia and the People's 
Republic of China: Final Results of the Expedited First Sunset Reviews 
of the Antidumping Duty Orders

AGENCY: Enforcement and Compliance, Formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On September 3, 2013, the Department of Commerce (``the 
Department'') initiated the first sunset reviews of the antidumping 
duty (``AD'') orders on electrolytic manganese dioxide (``EMD'') from 
Australia and the People's Republic of China (``PRC'') pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). 
Based on the notice of intent to participate and adequate substantive 
response filed by the domestic interested party, and the lack of 
response from any respondent interested party, the Department conducted 
expedited (120-day) sunset reviews of these AD orders, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As 
a result of these sunset reviews, the Department finds that revocation 
of the AD orders would likely lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Sunset 
Reviews'' section of this notice.

DATES: Effective Date: February 3, 2014.

FOR FURTHER INFORMATION CONTACT: Lori Apodaca or Howard Smith, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4551 or (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 14 and 18, 2008, the Department published the AD orders 
on EMD from Australia and the PRC,

[[Page 6163]]

respectively.\1\ On September 3, 2013, the Department published the 
notice of initiation of the first sunset reviews of the AD orders on 
EMD from Australia and the PRC, pursuant to section 751(c) of the 
Act.\2\ On September 12, 2013, pursuant to 19 CFR 351.218(d)(1), the 
Department received timely and complete notices of intent to 
participate in the sunset reviews for both orders from Erachem Comilog, 
Inc. and Tronox LLC (collectively ``Domestic Producers''). On October 
2, 2013, pursuant to 19 CFR 351.218(d)(3), Domestic Producers filed a 
timely and adequate substantive response for both orders. The 
Department did not receive substantive responses from any respondent 
interested party. As a result, pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted 
expedited (120-day) sunset reviews of the AD orders on EMD from 
Australia and the PRC.
---------------------------------------------------------------------------

    \1\ See Electrolytic Manganese Dioxide From the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 73 FR 48195 (August 18, 2008) (``PRC Final Determination''); 
see also Notice of Final Determination of Sales at Less Than Fair 
Value and Termination of Critical-Circumstances Investigation: 
Electrolytic Manganese Dioxide from Australia, 73 FR 47586 (August 
14, 2008) (``Australia Final Determination'').
    \2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 54237 
(September 3, 2013).
---------------------------------------------------------------------------

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\3\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. The revised deadline for the final results of this sunset review 
is now January 21, 2014.
---------------------------------------------------------------------------

    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these orders includes all manganese 
dioxide (MnO[2]) 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 these orders 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 these orders is dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews 
is provided in the accompanying Issues and Decision Memorandum, which 
is hereby adopted by this notice.\4\ The issues discussed in the I&D 
Memorandum include the likelihood of continuation or recurrence of 
dumping and the magnitude of the dumping margins likely to prevail if 
the orders are revoked. The I&D Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). Access to IA ACCESS is available in the Central Records 
Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the I&D Memorandum can be accessed at 
https://enforcement.trade.gov/frn/. The signed I&D Memorandum and the 
electronic versions of the I&D Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See ``Issues and Decision Memorandum for the Expedited First 
Sunset Reviews of the Antidumping Duty Orders on Electrolytic 
Manganese Dioxide from Australia and the People's Republic of 
China,'' from Abdelali Elouaradia, Director, Office IV, Antidumping 
and Countervailing Duty Operations, to Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, dated concurrently with this notice (``I&D 
Memorandum'').
---------------------------------------------------------------------------

Final Results of Sunset Reviews

    The Department determines that revocation of the AD orders on EMD 
from Australia and the PRC would be likely to lead to continuation or 
recurrence of dumping, with the following dumping margins likely to 
prevail:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                       percentage
                                                                 margin
------------------------------------------------------------------------
                                   PRC
------------------------------------------------------------------------
Guizhou Redstar Developing Import & Export Company, Ltd./         149.92
 Guizhou Redstar Developing Dalong Manganese lndustrial Co.,
 Ltd........................................................
PRC-Wide Entity (including Xiangtan Electrochemical               149.92
 Scientific Ltd.)...........................................
------------------------------------------------------------------------
                                Australia
------------------------------------------------------------------------
Delta Australia Pty Ltd.....................................       83.66
All Others..................................................       83.66
------------------------------------------------------------------------

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218.

    Dated: January 16, 2014.
Christian Marsh,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-02240 Filed 1-31-14; 8:45 am]
BILLING CODE 3510-DS-P
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