Electrolytic Manganese Dioxide From the People's Republic of China: Preliminary Rescission of the Antidumping Duty Administrative Review; 2018-2019, 10925-10926 [2021-03620]

Download as PDF Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 10925 covered in this review or the original investigation but the producer is, then the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 29.58 percent, the all-others rate established in the less-than-fair-value investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. through September 30, 2019. Interested parties are invited to comment on this preliminary rescission. DATES: Applicable February 23, 2021. FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482–4037. SUPPLEMENTARY INFORMATION: electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Background On December 11, 2019, Commerce published a notice of initiation of the 2018—2019 administrative review of the antidumping duty (AD) order on electrolytic manganese dioxide (EMD) from the People’s Republic of China (China) with respect to one company, Duracell (China) Limited (DCL).1 Commerce subsequently issued an AD questionnaire, and supplemental questionnaires, to DCL and received timely responses thereto. For additional background, see the Preliminary Decision Memorandum.2 Preliminary Rescission of the Antidumping Duty Administrative Review Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221. Dated: February 16, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2021–03618 Filed 2–22–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–919] Electrolytic Manganese Dioxide From the People’s Republic of China: Preliminary Rescission of the Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is preliminarily rescinding this administrative review. The period of review (POR) is October 1, 2018, AGENCY: VerDate Sep<11>2014 18:36 Feb 22, 2021 Jkt 253001 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. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our decision, see the Preliminary Decision Memorandum. A list of the sections in the Preliminary Decision Memorandum is attached in the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 67712 (December 11, 2019). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2018–2019 Antidumping Duty Administrative Review of Electrolytic Manganese Dioxide from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 As discussed in the Preliminary Decision Memorandum, Commerce preliminarily finds that DCL, and its U.S. affiliates, did not sell subject merchandise to unaffiliated U.S. customers during the POR and could not trace the POR entry of EMD, which was used to manufacture batteries in the United States, to particular battery sales to unaffiliated U.S. customers.3 Therefore, we are preliminarily rescinding this review, in accordance with 19 CFR 351.213(d)(3). Public Comment Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 30 days after the date of publication of this notice in the Federal Register. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the deadline for filing case briefs.4 Parties who submit case or rebuttal briefs are requested to submit with each brief: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.5 Executive summaries should be limited to five pages total, including footnotes.6 All submissions, with limited exceptions, must be filed electronically using ACCESS.7 Electronically filed documents must be received successfully in their entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. Note that Commerce has temporarily modified certain of its requirements for serving documents 3 See Preliminary Decision Memorandum. Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 5 See 19 CFR 351.309(c)(2) and (d)(2). 6 Id. 7 See 19 CFR 351.303. 4 See E:\FR\FM\23FEN1.SGM 23FEN1 10926 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices containing business proprietary information, until further notice.8 Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the date of publication of this notice in the Federal Register. If a hearing is requested, Commerce will notify interested parties of the hearing date and time. Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS within 30 days after the date of publication of this notice in the Federal Register. Hearing requests should contain: (1) The requestor company’s name, address, and telephone number; (2) the number of hearing participants from the company; and (3) a list of the issues the company will discuss in the hearing. Issues raised in the hearing will be limited to issues covered in the case and rebuttal briefs. Unless otherwise extended, Commerce intends to issue the final results of this review, which will include the results of its analysis of issues raised in any case and rebuttal briefs, no later than 120 days after the date these preliminary results of review are published in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates If Commerce proceeds to a final rescission of this administrative review, any suspended entries of subject merchandise from DCL will be liquidated at the rate at which they entered, which was the China-wide entity rate (i.e., 149.92 percent). If Commerce does not proceed to a final rescission of this administrative review, pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce will calculate importerspecific (or customer-specific) assessment rates based on the final results of this review. However, pursuant to Commerce’s practice in non-market economy cases, if Commerce does not proceed to a final rescission of this administrative review, for POR entries of EMD not related to sales reported in DCL’s U.S. sales database, Commerce will instruct U.S. Customs and Border Protection (CBP) to liquidate such entries at the China-wide entity rate. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. 8 See Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements If Commerce proceeds to a final rescission of this administrative review, DCL’s cash deposit rate will continue to be the China-wide entity rate of 149.92 percent. If Commerce does not proceed to a final rescission of this administrative review, but calculates a dumping margin for DCL, Commerce will instruct CBP to collect a cash deposit upon publication of the final results of review in the Federal Register, equal to the dumping margin calculated for DCL. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 16, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Sections in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Rescission of the Review V. Recommendation [FR Doc. 2021–03620 Filed 2–22–21; 8:45 am] BILLING CODE 3510–DS–P Temporary Rule. VerDate Sep<11>2014 18:36 Feb 22, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–533–899, A–821–829] Granular Polytetrafluoroethylene Resin From India and the Russian Federation: Initiation of Less-ThanFair-Value Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable February 16, 2021. FOR FURTHER INFORMATION CONTACT: Sergio Balbontin at (202) 482–6478 (India) or Jaron Moore at (202) 482–3640 (the Russian Federation (Russia)); AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petitions On January 27, 2021, the Department of Commerce (Commerce) received antidumping duty (AD) petitions concerning imports of granular polytetrafluoroethylene (PTFE) resin from India and Russia, filed in proper form on behalf of Daikin America, Inc. (the petitioner), a domestic producer of granular PTFE resin.1 The Petitions were accompanied by countervailing duty (CVD) petitions concerning imports of granular PTFE resin from India and Russia.2 On January 29 and February 1, 2021, Commerce requested supplemental information pertaining to certain aspects of the Petitions.3 The petitioner filed responses to these requests on February 2 and 3, 2021.4 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties: Granular Polytetrafluoroethylene Resin from India and Russia,’’ dated January 27, 2021 (the Petitions). 2 Id. 3 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia: Supplemental Questions,’’ dated January 29, 2021; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Granular Polytetrafluoroethylene (PTFE) Resin from India: Supplemental Questions,’’ dated February 1, 2021; and ‘‘Petition for the Imposition of Antidumping Duties on Imports of Granular Polytetrafluoroethylene (PTFE) Resin from Russia: Supplemental Questions,’’ dated February 1, 2021. 4 See Petitioner’s Letters, ‘‘Granular Polytetrafluoroethylene Resin from India and Russia: Response to General Issues Questionnaire,’’ dated February 2, 2021 (General Issues Supplement); ‘‘Granular Polytetrafluoroethylene Resin from India: Response to Supplemental Questionnaire,’’ dated February 3, 2021 (India AD Supplement); and ‘‘Granular E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 10925-10926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03620]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-919]


Electrolytic Manganese Dioxide From the People's Republic of 
China: Preliminary Rescission of the Antidumping Duty Administrative 
Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is preliminarily 
rescinding this administrative review. The period of review (POR) is 
October 1, 2018, through September 30, 2019. Interested parties are 
invited to comment on this preliminary rescission.

DATES: Applicable February 23, 2021.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.

SUPPLEMENTARY INFORMATION:

Background

    On December 11, 2019, Commerce published a notice of initiation of 
the 2018--2019 administrative review of the antidumping duty (AD) order 
on electrolytic manganese dioxide (EMD) from the People's Republic of 
China (China) with respect to one company, Duracell (China) Limited 
(DCL).\1\ Commerce subsequently issued an AD questionnaire, and 
supplemental questionnaires, to DCL and received timely responses 
thereto. For additional background, see the Preliminary Decision 
Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 67712 (December 11, 2019).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2019 Antidumping Duty Administrative Review of 
Electrolytic Manganese Dioxide from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

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.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
For a full description of the methodology underlying our decision, see 
the Preliminary Decision Memorandum. A list of the sections in the 
Preliminary Decision Memorandum is attached in the appendix to this 
notice. The Preliminary 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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Rescission of the Antidumping Duty Administrative Review

    As discussed in the Preliminary Decision Memorandum, Commerce 
preliminarily finds that DCL, and its U.S. affiliates, did not sell 
subject merchandise to unaffiliated U.S. customers during the POR and 
could not trace the POR entry of EMD, which was used to manufacture 
batteries in the United States, to particular battery sales to 
unaffiliated U.S. customers.\3\ Therefore, we are preliminarily 
rescinding this review, in accordance with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

    \3\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on the preliminary 
results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), 
interested parties may submit case briefs no later than 30 days after 
the date of publication of this notice in the Federal Register. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the deadline for filing case 
briefs.\4\ Parties who submit case or rebuttal briefs are requested to 
submit with each brief: (1) A statement of the issue, (2) a brief 
summary of the argument, and (3) a table of authorities.\5\ Executive 
summaries should be limited to five pages total, including 
footnotes.\6\ All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\7\ Electronically filed documents must be 
received successfully in their entirety by Commerce's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents

[[Page 10926]]

containing business proprietary information, until further notice.\8\
---------------------------------------------------------------------------

    \4\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020) (Temporary Rule).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
    \6\ Id.
    \7\ See 19 CFR 351.303.
    \8\ See Temporary Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the date of publication of this notice in the 
Federal Register. If a hearing is requested, Commerce will notify 
interested parties of the hearing date and time. Interested parties who 
wish to request a hearing must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS within 30 days after the date of publication 
of this notice in the Federal Register. Hearing requests should 
contain: (1) The requestor company's name, address, and telephone 
number; (2) the number of hearing participants from the company; and 
(3) a list of the issues the company will discuss in the hearing. 
Issues raised in the hearing will be limited to issues covered in the 
case and rebuttal briefs.
    Unless otherwise extended, Commerce intends to issue the final 
results of this review, which will include the results of its analysis 
of issues raised in any case and rebuttal briefs, no later than 120 
days after the date these preliminary results of review are published 
in the Federal Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    If Commerce proceeds to a final rescission of this administrative 
review, any suspended entries of subject merchandise from DCL will be 
liquidated at the rate at which they entered, which was the China-wide 
entity rate (i.e., 149.92 percent). If Commerce does not proceed to a 
final rescission of this administrative review, pursuant to section 
751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce will 
calculate importer-specific (or customer-specific) assessment rates 
based on the final results of this review. However, pursuant to 
Commerce's practice in non-market economy cases, if Commerce does not 
proceed to a final rescission of this administrative review, for POR 
entries of EMD not related to sales reported in DCL's U.S. sales 
database, Commerce will instruct U.S. Customs and Border Protection 
(CBP) to liquidate such entries at the China-wide entity rate.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    If Commerce proceeds to a final rescission of this administrative 
review, DCL's cash deposit rate will continue to be the China-wide 
entity rate of 149.92 percent. If Commerce does not proceed to a final 
rescission of this administrative review, but calculates a dumping 
margin for DCL, Commerce will instruct CBP to collect a cash deposit 
upon publication of the final results of review in the Federal 
Register, equal to the dumping margin calculated for DCL.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Sections in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Rescission of the Review
V. Recommendation

[FR Doc. 2021-03620 Filed 2-22-21; 8:45 am]
BILLING CODE 3510-DS-P