71824 Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices 

1See 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). 

2See DCL’s Letter, ‘‘Electrolytic Manganese 

Dioxide from the People’s Republic of China: 

Request for Administrative Review,’’ dated October 

31, 2022. 

3 Id. 

4See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 87 FR 

74404 (December 5, 2022) (Initiation Notice). 

5See 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. 

6See 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. 

7See Memorandum, ‘‘Voicemail Messages,’’ dated 

July 7, 2023. 

8See 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. 

9See Antidumping Duty Order: Electrolytic 

Manganese Dioxide From the People’s Republic of 

China, 73 FR 58537 (October 7, 2008) (Order). 

10See Initiation Notice, 87 FR at 74405–74406. 

11 Id. 

12See DCL’s Letter, ‘‘Electrolytic Manganese 

Dioxide From the People’s Republic of China: DCL’s 

Separate Rate Application,’’ dated February 22, 

2023. 

13See Memorandum, ‘‘Voicemail Messages,’’ 

dated July 7, 2023. 

14See 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. 

15See 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). 

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

Scope of the Order 9

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 nonmarket 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. 

Commerce’s policy regarding 

conditional review of the China-wide 

entity applies to this administrative 

review.15 Under this policy, the Chinawide 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. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices 71825 

16See 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). 

17See 19 CFR 351.310(c). 

18See 19 CFR 351.310(d). 

19See 19 CFR 351.303(b)(2)(i). 

20See 19 CFR 351.303(f). 

21See Temporary Rule. 

22See 19 CFR 351.212(b)(1). 

23See Order, 73 FR at 58538. 

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

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. 

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

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

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–840] 

Certain Frozen Warmwater Shrimp 

From India: Notice of Final Results of 

Antidumping Duty Changed 

Circumstances Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 30, 2023, the U.S. 

Department of Commerce (Commerce) 

published the notice of initiation and 

preliminary results of a changed 

circumstances review (CCR) of the 

antidumping duty (AD) order on certain 

frozen warmwater shrimp from India. 

For these final results, Commerce 

continues to find that Highland Agro 

Food Private Limited (HA Food) is the 

successor-in-interest to Highland Agro. 

DATES: Applicable October 18, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Viers, AD/CVD Operations, 

Office IX, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0519. 

SUPPLEMENTARY INFORMATION: 


ddrumheller on DSK120RN23PROD with NOTICES1