Electrolytic Manganese Dioxide From the People's Republic of China: Continuation of Antidumping Duty Order, 40970 [2020-14681]

Download as PDF 40970 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Notices Notification Regarding Administrative Protective Order 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 order 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 final results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act and 19 CFR 351.218. Dated: June 29, 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 of Recurrence of Dumping 2. Magnitude of the Margin Likely to Prevail VII. Final Results of Third Expedited Sunset Review VIII. Recommendation [FR Doc. 2020–14680 Filed 7–7–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration 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 [A–570–919] Electrolytic Manganese Dioxide From the People’s Republic of China: Continuation of Antidumping Duty Order 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 jbell on DSKJLSW7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:17 Jul 07, 2020 Jkt 250001 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 FiveYear (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). PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 industry in the United States within a reasonably foreseeable time.5 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 5 See Electrolytic Manganese Dioxide from China; Determination, Investigation No. 731–TA–1125 (Second Review), 85 FR 38159 (June 25, 2020). E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[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