Electrolytic Manganese Dioxide From the People's Republic of China: Rescission of the Antidumping Duty Administrative Review; 2018-2019, 37120-37121 [2021-14895]

Download as PDF 37120 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) Wah Yuen’s cash deposit rate will continue to be its existing exporterproducer specific rate; 7 (2) for previously investigated or reviewed Chinese and non-Chinese exporters for which a review was not requested and that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate published for the most recently-completed period; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity; and (4) for all nonChinese exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. lotter on DSK11XQN23PROD with NOTICES1 Notification to Importers Regarding the Reimbursement of Duties This notice serves as a final 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 double antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a final 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(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written 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 sanctionable violation. 7 See Certain Cased Pencils from the People’s Republic of China: Final Results of Antidumping Duty New Shipper Review; 2014–2015, 81 FR 74764 (October 27, 2016), and accompanying Issues and Decision Memorandum. VerDate Sep<11>2014 17:49 Jul 13, 2021 Jkt 253001 Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 19 CFR 351.221(b)(5). Dated: July 8, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–14957 Filed 7–13–21; 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: 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 rescinding this review. The period of review (POR) is October 1, 2018, through September 30, 2019. DATES: Applicable July 14, 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: AGENCY: Background On February 23, 2021, Commerce published its preliminary rescission of this administrative review in the Federal Register and invited parties to comment thereon.1 For a discussion of events subsequent to the Preliminary Recission, see the Issues and Decision Memorandum.2 On June 21, 2021, Commerce extended the deadline for issuing the final results of this review until July 14, 2021.3 1 See Electrolytic Manganese Dioxide from the People’s Republic of China: Preliminary Rescission of the Antidumping Duty Administrative Review; 2018–2019, 86 FR 10925 (February 23, 2021) (Preliminary Rescission). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final 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 (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Electrolytic Manganese Dioxide from the People’s Republic of China: Antidumping Duty Administrative Review; 2018– 2019; Extension of Deadline for Final Results,’’ dated June 21, 2021. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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. Analysis of the Comments Received We addressed the issues raised in the case and rebuttal briefs that were submitted in this review in the Issues and Decision Memorandum. A list of the sections in the Issues and Decision Memorandum is in the 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. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. Rescission of Administrative Review As discussed in the Issues and Decision Memorandum, Duracell (China) Limited (DCL), the sole company under review reported that neither it, nor its U.S. affiliates, sold subject merchandise or further manufactured subject merchandise (i.e., batteries containing subject merchandise) to unaffiliated U.S. customers during the POR. Moreover, Commerce determined that DCL did not adequately demonstrate that it could trace the POR entry of subject merchandise, which was used to manufacture batteries in the United States, to particular batteries that were sold to unaffiliated U.S. customers after the end of the POR. Therefore, we have determined that there are no reviewable sales with which to calculate a dumping margin and we have rescinded this review.4 Assessment We intend to instruct U.S. Customs and Border Protection (CBP) to liquidate POR entries of subject merchandise from DCL at the rate applicable at the time of entry into the United States, 4 See E:\FR\FM\14JYN1.SGM 19 CFR 351.213(d)(3). 14JYN1 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices which is the China-wide entity rate (i.e., 149.92 percent). Consistent with its recent notice,5 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this notice 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). Dated: July 7, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Cash Deposit Requirements [FR Doc. 2021–14895 Filed 7–13–21; 8:45 am] Because we rescinded this administrative review, we have not calculated a company-specific dumping margin for DCL. Therefore, entries of DCL’s subject merchandise continue to be subject to the China-wide cash deposit rate of 149.92 percent. This cash deposit rate requirement shall remain in effect until further notice. BILLING CODE 3510–DS–P Administrative Protective Order This notice also serves as a 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, which continues to govern business proprietary information in this segment of the proceeding. Timely written 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 sanctionable violation. Notification to Importers lotter on DSK11XQN23PROD with NOTICES1 This notice serves as a final 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 double 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. 5 See Preliminary Rescission. VerDate Sep<11>2014 17:49 Jul 13, 2021 Jkt 253001 Appendix List of Sections in the Issues and Decision Memorandum I. Summary II. Background III. Discussion of the Issues Comment 1: Whether Commerce Should Rescind the Administrative Review Comment 2: Whether DCL Has Linked its POR Entry to Post-POR Sale V. Recommendation DEPARTMENT OF COMMERCE International Trade Administration [Application No. 84–32A12] Export Trade Certificate of Review Notice of application for an amended Export Trade Certificate of Review by Northwest Fruit Exporters, Application No. 84–32A12. ACTION: The Office of Trade and Economic Analysis (‘‘OTEA’’) of the International Trade Administration, Department of Commerce, has received an application for an amended Export Trade Certificate of Review (‘‘Certificate’’). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, by telephone at (202) 482–5131 (this is not a toll-free number) or email at etca@trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001–21) (‘‘the Act’’) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325. OTEA is issuing this notice pursuant to 15 CFR 325.6(a), which requires the Secretary of Commerce to publish a summary of the application in the Federal Register, SUMMARY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 37121 identifying the applicant and each member and summarizing the proposed export conduct. Request for Public Comments Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential. An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Office of Trade and Economic Analysis, International Trade Administration, U.S. Department of Commerce, Room 21028, Washington, DC 20230; and to email at etca@ trade.gov. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the amended Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 84–32A12.’’ Summary of the Application Applicant: Northwest Fruit Exporters, 105 South 18th Street, Suite 105, Yakima, WA 98901. Contact: Fred Scarlett, Manager, scarlett@nwhort.org. Application No.: 84–32A12. Date Deemed Submitted: July 2, 2021. Proposed Amendment: Northwest Fruit Exporters seeks to amend its Certificate as follows: 1. Remove the following companies as Members of the Certificate: • Griggs Farms Packing, LLC, Orondo, WA • Naumes, Inc., Medford, OR • Pride Packing Company LLC, Wapato, WA • Yakima Fresh, Yakima, WA 2. Change the names of the following Members of the Certificate: • Auvil Fruit Co., Inc. (Orondo, WA) changes to Auvil Fruit Co., Inc. dba Gee Whiz II, LLC (Orondo, WA) • Conrad & Adams Fruit L.L.C. (Grandview, WA) changes to River Valley Fruit, LLC (Grandview, WA) 3. Change the Export Product coverage for one Member: • E.W. Brandt & Sons, Inc. changes E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37120-37121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14895]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-919]


Electrolytic Manganese Dioxide From the People's Republic of 
China: 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 rescinding this 
review. The period of review (POR) is October 1, 2018, through 
September 30, 2019.

DATES: Applicable July 14, 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 February 23, 2021, Commerce published its preliminary rescission 
of this administrative review in the Federal Register and invited 
parties to comment thereon.\1\ For a discussion of events subsequent to 
the Preliminary Recission, see the Issues and Decision Memorandum.\2\ 
On June 21, 2021, Commerce extended the deadline for issuing the final 
results of this review until July 14, 2021.\3\
---------------------------------------------------------------------------

    \1\ See Electrolytic Manganese Dioxide from the People's 
Republic of China: Preliminary Rescission of the Antidumping Duty 
Administrative Review; 2018-2019, 86 FR 10925 (February 23, 2021) 
(Preliminary Rescission).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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 (Issues and Decision Memorandum).
    \3\ See Memorandum, ``Electrolytic Manganese Dioxide from the 
People's Republic of China: Antidumping Duty Administrative Review; 
2018-2019; Extension of Deadline for Final Results,'' dated June 21, 
2021.
---------------------------------------------------------------------------

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.

Analysis of the Comments Received

    We addressed the issues raised in the case and rebuttal briefs that 
were submitted in this review in the Issues and Decision Memorandum. A 
list of the sections in the Issues and Decision Memorandum is in the 
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. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html.

Rescission of Administrative Review

    As discussed in the Issues and Decision Memorandum, Duracell 
(China) Limited (DCL), the sole company under review reported that 
neither it, nor its U.S. affiliates, sold subject merchandise or 
further manufactured subject merchandise (i.e., batteries containing 
subject merchandise) to unaffiliated U.S. customers during the POR. 
Moreover, Commerce determined that DCL did not adequately demonstrate 
that it could trace the POR entry of subject merchandise, which was 
used to manufacture batteries in the United States, to particular 
batteries that were sold to unaffiliated U.S. customers after the end 
of the POR. Therefore, we have determined that there are no reviewable 
sales with which to calculate a dumping margin and we have rescinded 
this review.\4\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

Assessment

    We intend to instruct U.S. Customs and Border Protection (CBP) to 
liquidate POR entries of subject merchandise from DCL at the rate 
applicable at the time of entry into the United States,

[[Page 37121]]

which is the China-wide entity rate (i.e., 149.92 percent).
    Consistent with its recent notice,\5\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this notice 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).
---------------------------------------------------------------------------

    \5\ See Preliminary Rescission.
---------------------------------------------------------------------------

Cash Deposit Requirements

    Because we rescinded this administrative review, we have not 
calculated a company-specific dumping margin for DCL. Therefore, 
entries of DCL's subject merchandise continue to be subject to the 
China-wide cash deposit rate of 149.92 percent. This cash deposit rate 
requirement shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a 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, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written 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 sanctionable violation.

Notification to Importers

    This notice serves as a final 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 double 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: July 7, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1: Whether Commerce Should Rescind the Administrative 
Review
    Comment 2: Whether DCL Has Linked its POR Entry to Post-POR Sale
V. Recommendation

[FR Doc. 2021-14895 Filed 7-13-21; 8:45 am]
BILLING CODE 3510-DS-P