Notice2021-14895
Electrolytic Manganese Dioxide From the People's Republic of China: Rescission of the Antidumping Duty Administrative Review; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 14, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is rescinding this review. The period of review (POR) is October 1, 2018, through September 30, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 132 (Wednesday, July 14, 2021)</title>
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[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37120-37121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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\
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\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.
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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.
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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>.
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\
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\4\ See 19 CFR 351.213(d)(3).
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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,
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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).
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\5\ See Preliminary Rescission.
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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
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