Notice2023-23004
Electrolytic Manganese Dioxide From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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
October 18, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In response to requests from interested parties, the U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on electrolytic manganese dioxide (EMD) from the People's Republic of China (China) covering the period of review (POR) October 1, 2021, through September 30, 2022. Commerce preliminarily determines that Duracell (China) Limited (DCL), an exporter of EMD from China and the sole mandatory respondent, is not eligible for a separate rate and is part of the China-wide entity. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 200 (Wednesday, October 18, 2023)</title>
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[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71824-71825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23004]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-919]
Electrolytic Manganese Dioxide From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the U.S.
Department of Commerce (Commerce) is conducting an administrative
review of the antidumping duty (AD) order on electrolytic manganese
dioxide (EMD) from the People's Republic of China (China) covering the
period of review (POR) October 1, 2021, through September 30, 2022.
Commerce preliminarily determines that Duracell (China) Limited (DCL),
an exporter of EMD from China and the sole mandatory respondent, is not
eligible for a separate rate and is part of the China-wide entity.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable October 18, 2023.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Luke Caruso, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-4037 or (202) 482-2081,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2022, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the AD
order on EMD from China.\1\ On October 31, 2022, DCL requested a review
of itself; no other parties requested an administrative review.\2\
After receiving the review request,\3\ Commerce published the notice of
initiation of this administrative review on December 5, 2022.\4\ On
December 8, 2022, we issued the initial questionnaire to DCL.\5\ On
June 30, 2023, DCL announced the withdrawal of its entry of appearance
(EOA) and administrative protective order (APO) application.\6\ On July
3, 2023, Commerce requested clarification from DCL on whether DCL's
withdrawal of its EOA and APO application reflected its intent to cease
participating in this review, which DCL confirmed affirmatively on the
same day.\7\ On August 15, 2023, Borman Specialty Materials and
Vibrantz Specialty Products LLC (the petitioners) submitted pre-
preliminary comments.\8\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 59775 (October 3,
2022).
\2\ See DCL's Letter, ``Electrolytic Manganese Dioxide from the
People's Republic of China: Request for Administrative Review,''
dated October 31, 2022.
\3\ Id.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 74404 (December 5, 2022) (Initiation
Notice).
\5\ See Commerce's Letter, ``Administrative Review of the
Antidumping Duty Order on Electrolytic Manganese Dioxide (EMD) from
the People's Republic of China (China): Request for Information,''
dated December 8, 2022.
\6\ See DCL's Letter, ``Electrolytic Manganese Dioxide from the
People's Republic of China: Withdrawal of DCL's Entry of Appearance
and APO Application,'' dated June 30, 2023.
\7\ See Memorandum, ``Voicemail Messages,'' dated July 7, 2023.
\8\ See Petitioners' Letter, ``Electrolytic Manganese Dioxide
from the People's Republic of China: Borman's and Vibrantz's
Comments in Advance of Commerce's Preliminary Results,'' dated
August 15, 2023.
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Scope of the Order <SUP>9</SUP>
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\9\ See Antidumping Duty Order: Electrolytic Manganese Dioxide
From the People's Republic of China, 73 FR 58537 (October 7, 2008)
(Order).
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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) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213.
Separate Rate
In the Initiation Notice, we informed parties that all firms for
which a non-market economy review was initiated that wished to qualify
for separate rate status must complete, as appropriate, either a
separate rate application or a separate rate certification.\10\ We also
informed parties that firms that submitted a separate rate application
or a separate rate certification that are subsequently selected as
mandatory respondents, would not be eligible for separate rate status
unless they responded to all parts of the AD questionnaire that
Commerce issued to them as mandatory respondents.\11\ After DCL
submitted a separate rate application,\12\ Commerce selected DCL as the
sole mandatory respondent in this review. DCL's announcement that it
was no longer participating in the review prevented Commerce from
requesting additional information regarding its separate rate
application.\13\ Furthermore, DCL did not respond to Commerce's
supplemental questionnaire.\14\ Consistent with Commerce's practice in
such situations, as described in the Initiation Notice, and because DCL
ceased responding to Commerce's request for information, Commerce has
preliminarily determined that DCL did not establish its eligibility for
separate rate status and is part of the China-wide entity.
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\10\ See Initiation Notice, 87 FR at 74405-74406.
\11\ Id.
\12\ See DCL's Letter, ``Electrolytic Manganese Dioxide From the
People's Republic of China: DCL's Separate Rate Application,'' dated
February 22, 2023.
\13\ See Memorandum, ``Voicemail Messages,'' dated July 7, 2023.
\14\ See Commerce's Letter, ``2021-2022 Administrative Review of
the Antidumping Duty Order on Electrolytic Manganese Dioxide (EMD)
from the People's Republic of China (China): Section A Supplemental
Questionnaire,'' dated June 29, 2023.
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Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\15\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity,
the entity is not under review and the weighted-average dumping margin
assigned to the China-wide entity is not subject to change as a result
of this review.
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\15\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Disclosure and Public Comment
Normally, Commerce will disclose the calculations performed in
connection with the preliminary results of review to parties to the
proceeding in accordance with 19 CFR 351.224(b). However, as there were
no preliminary margin calculations performed in the instant review,
there are no calculations to disclose. This satisfies our regulatory
obligation. Additionally, we note that, given that the analysis
underlying
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Commerce's preliminary decisions is contained herein, no decision
memorandum accompanies this Federal Register notice.
Interested parties are invited to comment on these preliminary
results of review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested
parties may submit case briefs and rebuttal briefs no later than 30
days after the date of publication of this notice in the Federal
Register. Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities. A table of contents, list of authorities used, and an
executive summary of issues should accompany any brief submitted to
Commerce. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than seven days after the case briefs are
filed.\16\
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\16\ See 19 CFR 351.309(d); Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID-19; Extension of Effective Period,
85 FR 41363 (July 10, 2020) (Temporary Rule).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any of those individuals is a foreign national; and (3) a list
of issues parties intend to discuss. Oral arguments at the hearing will
be limited to issues raised in the case and rebuttal briefs.\17\ If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\18\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
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All submissions to Commerce, with limited exceptions, must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS) \19\
and must also be served on interested parties.\20\ An electronically
filed document must be received successfully in its entirety by ACCESS,
by 5:00 p.m. Eastern Time (ET) on the date that the document is due.
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\21\
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\19\ See 19 CFR 351.303(b)(2)(i).
\20\ See 19 CFR 351.303(f).
\21\ See Temporary Rule.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this review 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
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\22\ If we do not alter these preliminary results of review, we
intend to instruct CBP to liquidate entries of subject merchandise
exported by DCL at the China-wide rate (i.e., 149.92 percent).\23\
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\22\ See 19 CFR 351.212(b)(1).
\23\ See Order, 73 FR at 58538.
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Commerce intends to issue assessment instructions regarding DCL to
CBP 35 days after the publication date 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
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that have separate rates, the cash deposit rate will continue to
be the existing exporter-specific cash deposit rate; (2) for all
Chinese exporters of subject merchandise that have not been found to be
entitled to a separate rate, including DCL, the cash deposit rate will
be the rate for the China-wide entity, which is 149.92 percent; and (3)
for all non-Chinese exporters of subject merchandise, which have not
received their own separate rate, the cash deposit rate will be the
rate applicable to the Chinese exporter(s) that supplied that non-
Chinese exporter. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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 double
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
Dated: October 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-23004 Filed 10-17-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 18, 2023.
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