[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Notices]
[Pages 58538-58539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23603]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-806]


Antidumping Duty Order: Electrolytic Manganese Dioxide From 
Australia

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on an affirmative final determination by the Department 
of Commerce (the Department) and the International Trade Commission 
(ITC), the Department is issuing the antidumping duty order on 
electrolytic manganese dioxide (EMD) from Australia.

DATES: Effective Date: October 7, 2008.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla at (202) 482-3477 or 
Minoo Hatten at (202) 482-1690, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 14, 2008, the Department published the final 
determination of sales at less than fair value of EMD from Australia. 
See Notice of Final Determination of Sales at Less Than Fair Value and 
Termination of Critical-Circumstances Investigation: Electrolytic 
Manganese Dioxide from Australia, 73 FR 47586 (August 14, 2008).
    On September 26, 2008, the ITC notified the Department of its final 
determination pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act by 
reason of less-than-fair-value imports of EMD from Australia. See 
Letter from the ITC to the Secretary of Commerce, ``Notification of 
Final Affirmative Determination of Electrolytic Manganese Dioxide from 
Australia and the People's Republic of China,'' Investigation Nos. 731-
TA-1124 and 1125 (September 26, 2008). Pursuant to section 736(a) of 
the Act, the Department is publishing an antidumping duty order on the 
subject merchandise.

Scope of the Order

    The merchandise covered by this order includes all manganese 
dioxide (MnO<INF>2</INF>) 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 order is classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheading 2820.10.00.00. While the HTSUS

[[Page 58539]]

subheading is provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive.

Antidumping Duty Order

    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further information from the Department, antidumping duties equal to 
the amount by which the normal value of the merchandise exceeds the 
export price (or the constructed export price) of the merchandise for 
all relevant entries of EMD from Australia. These antidumping duties 
will be assessed on all entries of EMD entered, or withdrawn from the 
warehouse, for consumption on or after March 26, 2008, the date on 
which the Department published its notice of preliminary determination 
in the Federal Register. 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).
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of the exporter that accounts for a significant 
proportion of EMD in Australia, we extended the four-month period to no 
more than six months. See Letter from Delta EMD Australia Ltd. (March 
25, 2008). In the underlying investigation, the six-month period 
beginning on the date of the publication of the preliminary 
determinations ended on September 22, 2008. Furthermore, section 737(b) 
of the Act states that definitive duties are to begin on the date of 
publication of the ITC's final injury determination. Therefore, in 
accordance with section 733(d) of the Act and our practice, we will 
instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of EMD from Australia entered, or withdrawn from warehouse, for 
consumption on or after September 22, 2008, through the day preceding 
the date of publication of the ITC's final injury determination in the 
Federal Register.
    On and after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, cash deposits for the subject merchandise equal to the 
estimated weighted-average antidumping margins listed below.

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                   margin  (percent)
------------------------------------------------------------------------
Delta EMD Australia Pty. Limited....................               83.66
All Others..........................................               83.66
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
EMD from Australia, pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room 1117 of 
the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: October 1, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-23603 Filed 10-6-08; 8:45 am]
BILLING CODE 3510-DS-P