47586 Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address below. The closing period for 

their receipt is October 14, 2008. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period (to October 

28, 2008). 

A copy of the application will be 

available for public inspection at each of 

the following locations: U.S Department 

of Commerce Export Assistance Center, 

22 North Front Street, Suite 200, 

Memphis, Tennessee 38103; and, Office 

of the Executive Secretary, Foreign–

Trade Zones Board, Room 2111, U.S. 

Department of Commerce, 1401 

Constitution Avenue, NW, Washington, 

D.C. 20230–0002. 

For further information, contact Diane 

Finver at DianelFinver@ita.doc.gov or 

(202) 482–1367. 

Dated: August 7, 2008. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E8–18849 Filed 8–13–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–602–806] 

Notice of Final Determination of Sales 

at Less Than Fair Value and 

Termination of Critical- Circumstances 

Investigation: Electrolytic Manganese 

Dioxide from Australia 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 14, 2008. 

SUMMARY: The Department of Commerce 

determines that imports of electrolytic 

manganese dioxide from Australia are 

being, or are likely to be, sold in the 

United States at less than fair value, as 

provided in section 735 of the Tariff Act 

of 1930, as amended (the Act). The final 

weighted–average dumping margins are 

listed below in the section entitled 

‘‘Final Determination of Investigation.’’

FOR FURTHER INFORMATION CONTACT: 

Hermes Pinilla or Minoo Hatten, AD/ 

CVD Operations, Office 5, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–3477 and (202) 

482–1690, respectively. 

SUPPLEMENTARY INFORMATION: 

Case History 

On March 26, 2008, the Department of 

Commerce (the Department) published 

its preliminary determination of sales at 

less than fair value in the antidumping 

duty investigation of electrolytic 

manganese dioxide (EMD) from 

Australia. See Notice of Preliminary 

Determination of Sales at Less Than 

Fair Value and Affirmative Preliminary 

Determination of Critical 

Circumstances: Electrolytic Manganese 

Dioxide from Australia, 73 FR 15982 

(March 26, 2008) (Preliminary 

Determination). On April 18, 2008, we 

postponed the deadline for the final 

determination under section 735 

(a)(2)(A) of the Act by 60 days to August 

8, 2008. See Postponement of Final 

Determination of Antidumping Duty 

Investigation: Electrolytic Manganese 

Dioxide from Australia, 73 FR 21108 

(April 18, 2008). 

We invited parties to comment on the 

Preliminary Determination. We received 

a case brief from the respondent, Delta 

EMD Australia Pty. Limited (Delta), on 

May 19, 2008; the petitioner, Tronox 

LLC, filed a rebuttal brief on May 27, 

2008. At the request of Delta, we held 

a hearing on June 17, 2008. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

antidumping investigation are 

addressed in the ‘‘Issues and Decision 

Memorandum for the Antidumping 

Duty Investigation of EMD from 

Australia for the Period of Investigation 

July 1, 2006, through June 30, 2007’’

(Decision Memorandum) from Stephen 

J. Claeys, Deputy Assistant Secretary for 

Import Administration, to David M. 

Spooner, Assistant Secretary for Import 

Administration, dated August 8, 2008, 

which is hereby adopted by this notice. 

This Decision Memorandum is attached 

to this notice as an appendix and is on 

file in the Central Records Unit (CRU) 

in room 1117. In addition, a complete 

version of the Decision Memorandum 

can be accessed directly on the Web at 

http://ia.ita.doc.gov/. The paper copy 

and electronic version of the Decision 

Memorandum are identical in content. 

Scope of Investigation 

The merchandise covered by this 

investigation 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 this 

investigation 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 this 

investigation is dispositive. 

Period of Investigation 

The period of investigation is from 

July 1, 2006, through June 30, 2007. 

Adverse Facts Available 

For the final determination, we 

continue to find that, by failing to 

provide information we requested, Delta 

did not act to the best of its ability in 

responding to our requests for 

information. Thus, the Department 

continues to find that the use of adverse 

facts available is warranted for this 

company under sections 776(a)(2) and 

(b) of the Act. See Preliminary 

Determination, 73 FR at 15983. As a 

result of our analysis of comments 

received, we have changed the adverse 

facts–available rate for the final 

determination. Specifically, we have 

assigned Delta a rate of 83.66 percent 

based on the rate alleged in the petition, 

as recalculated in this final 

determination. See Final Determination 

Analysis Memorandum (August 8, 

2008). Further, pursuant to section 

776(c) of the Act and as discussed in the 

Preliminary Determination, we 

corroborated the key elements of the 

export–price and normal–value 

calculation used in the petition to 

derive an estimated margin from which 

we have derived the adverse facts–

available rate. 

Termination of Critical Circumstances 

Investigation 

On February 19, 2008, the petitioner 

in this investigation, Tronox LLC, 

submitted an allegation of critical 

circumstances with respect to imports of 

electrolytic manganese dioxide from 

Australia. On March 19, 2008, we issued 

the Preliminary Determination, stating 

that we had reason to believe or suspect 

critical circumstances exist with respect 

to imports of EMD from Australia. See 

Preliminary Determination, 73 FR at 

15986–88. On July 17, 2008, the 

petitioner withdrew its critical 

circumstances allegation and requested 

that the Department terminate its 

critical circumstances inquiry. 

Therefore, we are terminating the 

critical circumstances investigation and 

we have not addressed any comments 

regarding critical circumstances for the 

final determination. We will instruct 

U.S. Customs and Border Protection 

(CBP) to terminate the suspension of 

liquidation of all imports of subject 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices 47587 

merchandise produced and exported by 

Delta entered, or withdrawn from 

warehouse, for consumption on or after 

December 27, 2007, which is 90 days 

prior to the date of publication of the 

Preliminary Determination (March 26, 

2008), and entered before March 26, 

2008. CBP shall refund any cash 

deposits and release any bond or other 

security previously posted in 

connection with merchandise produced 

and exported by Delta, the only known 

producer and exporter of EMD during 

this investigation. 

All–Others Rate 

Section 735(c)(5)(B) of the Act 

provides that, where the estimated 

weighted–average dumping margins 

established for all exporters and 

producers individually investigated are 

zero or de minimis margins or are 

determined entirely under section 776 

of the Act, the Department may use any 

reasonable method to establish the 

estimated all others rate for exporters 

and producers not individually 

investigated. This provision 

contemplates that, if the data do not 

permit weight–averaging margins other 

than the zero, de minimis, or total facts 

available margins, the Department may 

use any other reasonable method. See 

also Statement of Administrative Action 

accompanying the Uruguay Round 

Agreements Act, H. Doc. No. 103–316, 

at 873 (1994). As discussed above, Delta 

is the sole respondent in this 

investigation and has been assigned a 

margin based on total adverse facts 

available. Because the petition 

contained only one estimated dumping 

margin and because there are no other 

respondents in this investigation, there 

are no additional estimated margins 

available for purposes of establishing an 

all–others rate. Therefore, with this final 

determination we are establishing 83.66 

percent as the all–others rate. 

Final Determination of Investigation 

We determine that the following 

weighted–average dumping margins 

exist for the period July 1, 2006, through 

June 30, 2007: 

Manufacturer or Exporter Margin (percent) 

Delta ............................. 83.66 

All Others ...................... 83.66 

Continuation of Suspension of 

Liquidation 

Pursuant to section 735(c)(1)(B) of the 

Act and 19 CFR 351.211(b)(1), we will 

instruct CBP to continue to suspend 

liquidation of all entries of subject 

merchandise from Australia entered, or 

withdrawn from warehouse, for 

consumption on or after March 26, 

2008, the date of publication of the 

Preliminary Determination. We will 

instruct CBP to require a cash deposit or 

the posting of a bond equal to the 

weighted–average margin, as indicated 

in the chart above, as follows: (1) the 

rate for Delta will be 83.66 percent; (2) 

if the exporter is not a firm identified in 

this investigation but the producer is, 

the rate will be the rate established for 

the producer of the subject 

merchandise; (3) the rate for all other 

producers or exporters will be 83.66 

percent. These suspension–ofliquidation instructions will remain in 

effect until further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our final determination. As our final 

determination is affirmative and in 

accordance with section 735(b)(2) of the 

Act, the ITC will determine, within 45 

days, whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of imports or sales (or the 

likelihood of sales) for importation of 

the subject merchandise. If the ITC 

determines that material injury or threat 

of material injury does not exist, the 

proceeding will be terminated and all 

securities posted will be refunded or 

canceled. If the ITC determines that 

such injury does exist, the Department 

will issue an antidumping duty order 

directing CBP to assess antidumping 

duties on all imports of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the effective date of the suspension 

of liquidation. 

Notification Regarding APO 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

notification of return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

This determination is issued and 

published pursuant to sections 735(d) 

and 777(i)(1) of the Act. 

Dated: August 8, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

Appendix 

Comment: Profit for Constructed Value 

[FR Doc. E8–18848 Filed 8–13–04; 8:45 am] 

Billing Code: 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–918] 

Steel Wire Garment Hangers from the 

People’s Republic of China: Final 

Determination of Sales at Less Than 

Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: August 14, 2008. 

SUMMARY: On March 25, 2008, the 

Department of Commerce 

(‘‘Department’’) published its 

preliminary determination of sales at 

less than fair value (‘‘LTFV’’) in the 

antidumping investigation of steel wire 

garment hangers (‘‘hangers’’) from the 

People’s Republic of China (‘‘PRC’’). On 

April 14, 2008, the Department 

published its amended preliminary 

determination. The period of 

investigation (‘‘POI’’) is January 1, 2007, 

to June 30, 2007. We invited interested 

parties to comment on our preliminary 

determination of sales at LTFV. Based 

on our analysis of the comments we 

received, we have made changes to our 

calculations for the mandatory 

respondents. The final dumping 

margins for this investigation are listed 

in the ‘‘Final Determination Margins’’

section below. 

FOR FURTHER INFORMATION CONTACT: 

Irene Gorelik or Julia Hancock, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–6905 or (202) 482–

1394, respectively. 

Final Determination 

We determine that hangers from the 

PRC are being, or are likely to be, sold 

in the United States at LTFV as 

provided in section 735 of the Tariff Act 

of 1930, as amended (‘‘the Act’’). The 

estimated margins of sales at LTFV are 

shown in the ‘‘Final Determination 

Margins’’ section of this notice. 

SUPPLEMENTARY INFORMATION: 


sroberts on PROD1PC70 with NOTICES