Electrolytic Manganese Dioxide From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 16057 [2020-05928]

Download as PDF Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices Comment 1: Benchmark for Provision of Natural Gas for Less Than Adequate Remuneration Comment 2: Social Security Premium Support Programs VII. Recommendation substantive response 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), Commerce conducted an expedited (120-day) sunset review of the Order.4 [FR Doc. 2020–05810 Filed 3–19–20; 8:45 am] Scope of the Order BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–919] Electrolytic Manganese Dioxide From the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on electrolytic manganese dioxide (EMD) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping, at the level indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable March 20, 2020. FOR FURTHER INFORMATION CONTACT: Thomas Hanna, 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. SUPPLEMENTARY INFORMATION: AGENCY: jbell on DSKJLSW7X2PROD with NOTICES Background After publication of the notice of initiation of this sunset review of the AD order on EMD from China,1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act) Borman Specialty Materials (Borman) and Prince Specialty Products LLC (Prince) (collectively, domestic interested parties) filed with Commerce a timely and complete notice of intent to participate in the sunset review,2 and a timely and adequate substantive response.3 Commerce did not receive a 1 See Initiation of Five-Year (Sunset) Reviews, 84 FR 65968 (December 2, 2019); see also Antidumping Duty Order: Electrolytic Manganese Dioxide from the People’s Republic of China, 73 FR 58537 (October 7, 2008) (Order). 2 See Domestic Interested Parties’ Letter, ‘‘Electrolytic Manganese Dioxide from the People’s Republic of China: Notice of Intent to Participate,’’ dated December 17, 2019. 3 See Domestic Interested Parties’ Letter, ‘‘Electrolytic Manganese Dioxide from the People’s Republic of China: Substantive Response to Notice VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 The merchandise covered by the 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 the 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 the Order is dispositive.5 Analysis of Comments Received A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of dumping in the event of revocation of the Order and the magnitude of the dumping margins likely to prevail if the Order were to be revoked, is provided in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.6 A list of the topics discussed in the Issues and Decision Memorandum is attached as an Appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed on the internet at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and of Initiation of Five-Year (Sunset) Review of the Antidumping Duty Order,’’ dated January 2, 2020 (Substantive Response). 4 For a complete description of the background of this sunset review of the Order, see Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Second Sunset Review of the Antidumping Duty Order on Electrolytic Manganese Dioxide from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 For a complete description of the scope of the Order, see the Issues and Decision Memorandum. 6 Id. PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 16057 the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weightedaverage dumping margins up to 149.92 percent. Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective order (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. Notification to Interested Parties We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218 and 19 CFR 351.221(c)(5)(ii). Dated: March 16, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Margin of Dumping Likely to Prevail VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2020–05928 Filed 3–19–20; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\20MRN1.SGM 20MRN1

Agencies

[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Page 16057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05928]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-919]


Electrolytic Manganese Dioxide From the People's Republic of 
China: Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the antidumping duty (AD) order on electrolytic manganese dioxide (EMD) 
from the People's Republic of China (China) would be likely to lead to 
continuation or recurrence of dumping, at the level indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Applicable March 20, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Hanna, 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.

SUPPLEMENTARY INFORMATION: 

Background

    After publication of the notice of initiation of this sunset review 
of the AD order on EMD from China,\1\ pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act) Borman Specialty Materials 
(Borman) and Prince Specialty Products LLC (Prince) (collectively, 
domestic interested parties) filed with Commerce a timely and complete 
notice of intent to participate in the sunset review,\2\ and a timely 
and adequate substantive response.\3\ Commerce did not receive a 
substantive response 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), Commerce conducted an expedited (120-day) 
sunset review of the Order.\4\
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 65968 
(December 2, 2019); see also Antidumping Duty Order: Electrolytic 
Manganese Dioxide from the People's Republic of China, 73 FR 58537 
(October 7, 2008) (Order).
    \2\ See Domestic Interested Parties' Letter, ``Electrolytic 
Manganese Dioxide from the People's Republic of China: Notice of 
Intent to Participate,'' dated December 17, 2019.
    \3\ See 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 (Substantive 
Response).
    \4\ For a complete description of the background of this sunset 
review of the Order, see Memorandum, ``Issues and Decision 
Memorandum for the Expedited Second Sunset Review of the Antidumping 
Duty Order on Electrolytic Manganese Dioxide from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order

    The merchandise covered by the 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 the 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 the Order is 
dispositive.\5\
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the Order, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the Order and the magnitude of the dumping 
margins likely to prevail if the Order were to be revoked, is provided 
in the accompanying Issues and Decision Memorandum, which is hereby 
adopted by this notice.\6\ A list of the topics discussed in the Issues 
and Decision Memorandum is attached as an Appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
to all parties in the Central Records Unit, Room B8024 of the main 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed on the internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version of the Issues and Decision Memorandum are 
identical in content.
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    \6\ Id.
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would be likely to 
lead to continuation or recurrence of dumping, and that the magnitude 
of the dumping margins likely to prevail would be weighted-average 
dumping margins up to 149.92 percent.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective order (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.

Notification to Interested Parties

    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218 and 19 CFR 351.221(c)(5)(ii).

    Dated: March 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margin of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-05928 Filed 3-19-20; 8:45 am]
 BILLING CODE 3510-DS-P