Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Notices 1393 

12For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: 

Assessment of Antidumping Duties, 76 FR 65694 

(October 24, 2011). 

1See Antidumping Duty Order: Electrolytic 

Manganese Dioxide from Australia, 73 FR 58538 

(October 7, 2008) (‘‘Australia Order’’); see also 

Antidumping Duty Order: Electrolytic Manganese 

Dioxide from the People’s Republic of China, 73 FR 

58537 (October 7, 2008). 

We will instruct CBP to assess 

antidumping duties on all appropriate 

entries covered by this new shipper 

review when the importer-specific 

assessment rate calculated in the final 

results of this review is above de 

minimis. Where either the respondent’s 

weighted-average dumping margin is 

zero or de minimis, or an importerspecific assessment rate is zero or de 

minimis, we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

The Department announced a 

refinement to its assessment practice in 

NME cases. Pursuant to this refinement 

in practice, for entries that were not 

reported in the U.S. sales databases 

submitted by Anying for this new 

shipper review, the Department will 

instruct CBP to liquidate such entries at 

the PRC-wide rate. In addition, if the 

Department determines that the exporter 

under review had no shipments of the 

subject merchandise, any suspended 

entries that entered under that 

exporter’s case number (i.e., at that 

exporter’s rate) will be liquidated at the 

PRC-wide rate.12

The final results of this new shipper 

review shall be the basis for the 

assessment of antidumping duties on 

entries of merchandise covered by the 

final results of this review and for future 

deposits of estimated duties, where 

applicable. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

new shipper review for shipments of the 

subject merchandise from the PRC 

entered, or withdrawn from warehouse, 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 the 

companies listed above that have a 

separate rate, the cash deposit rate will 

be that rate established in the final 

results of this new shipper review 

(except, if the rate is zero or de minimis, 

then a zero cash deposit will be 

required); (2) for previously investigated 

or reviewed PRC and non-PRC exporters 

not listed above that received a separate 

rate in a prior segment of this 

proceeding, the cash deposit rate will 

continue to be the existing producer/

exporter-specific combination rate; (3) 

for all PRC exporters of subject 

merchandise that have not been found 

to be entitled to a separate rate, the cash 

deposit rate will be that for the PRCwide entity, or 58.84 percent; and (4) for 

all non-PRC exporters of subject 

merchandise which have not received 

their own rate, the cash deposit rate will 

be the rate applicable to the PRC 

producer/exporter combination that 

supplied that non-PRC exporter. These 

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 

review period. Failure to comply with 

this requirement could result in the 

Department’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

We are issuing and publishing these 

results in accordance with sections 

751(a)(2)(B) and 777(i)(1) of the Act and 

19 CFR 351.214. 

Dated: December 30, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I–List of Topics Discussed in 

the Preliminary Decision Memorandum 

1. Summary 

2. Background 

3. Scope of the Order 

4. Discussion of the Methodology 

5. Bona Fide Sale Analysis 

6. Non-Market Economy Country Status 

7. Separate Rates 

8. Absence of De Jure Control 

9. Absence of De Facto Control 

10. Surrogate Country 

11. Economic Comparability 

12. Significant Producer of Comparable 

Merchandise 

13. Data Availability 

14. Date of Sale 

15. Fair Value Comparisons 

16. Differential Pricing Analysis 

17. Results of the Differential Pricing 

Analysis 

18. U.S. Price 

19. Value Added Tax 

20. Normal Value 

21. Factor Valuations 

22. Currency Conversion 

23. Section 777A(f) of the Act 

[FR Doc. 2015–00194 Filed 1–8–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–919, A–602–806] 

Electrolytic Manganese Dioxide From 

the People’s Republic of China and 

Australia: Continuation of the 

Antidumping Duty Order on the 

People’s Republic of China, 

Revocation of the Antidumping Duty 

Order on Australia 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of the 

determinations by the Department of 

Commerce (the ‘‘Department’’) and the 

International Trade Commission (the 

‘‘ITC’’) in their five year (sunset) 

reviews that revocation of the 

antidumping duty (‘‘AD’’) order on 

electrolytic manganese dioxide (‘‘EMD’’) 

from the People’s Republic of China 

(‘‘PRC’’) would likely lead to a 

continuation or recurrence of dumping 

and material injury to an industry in the 

United States, the Department is 

publishing a notice of continuation of 

the AD order on EMD from the PRC. In 

addition, as a result of the ITC’s 

determination that revocation of the AD 

order on EMD from Australia is not 

likely to lead to continuation or 

recurrence of dumping and material 

injury to an industry in the United 

States within a reasonably foreseeable 

time, the Department is revoking the AD 

order on EMD from Australia. 

DATES: Effective Date: January 9, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Howard Smith, AD/CVD Operations, 

Office IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; telephone: 202– 

482–5193. 

SUPPLEMENTARY INFORMATION

Background 

On October 7, 2008, the Department 

published the AD orders on EMD from 

the PRC and Australia.1 On September 

3, 2013, the Department published the 

notice of initiation of the first sunset 

review of the AD orders on EMD from 

the PRC and Australia, pursuant to 

section 751(c) of the Tariff Act of 1930, 


rljohnson on DSK3VPTVN1PROD with NOTICES
1394 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Notices 

2See Initiation of Five-Year (‘‘Sunset’’) Review, 78 

FR 54237 (September 3, 2013). 3See Electrolytic Manganese Dioxide From 

Australia and the People’s Republic of China: Final 

Results of the Expedited First Sunset Reviews of the 

Antidumping Duty Orders, 79 FR 6162, 6163 

(February 3, 2014). 

4See Electrolytic Manganese Dioxide From 

Australia and China, 79 FR 77525 (December 24, 

2014). 

5See Australia Order, 73 FR at 58538; see also 19 

CFR 351.222(i)(2)(i). 

as amended (the ‘‘Act’’).2 As a result of 

its reviews, the Department determined 

that revocation of the AD orders on 

EMD from the PRC and Australia would 

likely lead to continuation or recurrence 

of dumping and notified the ITC of the 

magnitude of the dumping margins 

likely to prevail should the order be 

revoked.3 On December 24, 2014, the 

ITC published its determination, 

pursuant to section 751(c) of the Act, 

that revocation of the AD order on EMD 

from the PRC would be likely to lead to 

continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time, but that revocation of the AD order 

on EMD from Australia would not be 

likely to do so.4

Scope of the Orders 

The merchandise covered by these 

orders includes all manganese dioxide 

(MnO[2]) 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 these orders 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 these orders 

is dispositive. 

Continuation of the Order on EMD 

From the PRC 

As a result of the determinations by 

the Department and the ITC that 

revocation of the AD order on EMD from 

the PRC would likely lead to a 

continuation or recurrence of dumping 

and material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act, the Department 

hereby orders the continuation of the 

AD order on EMD from the PRC. U.S. 

Customs and Border Protection (‘‘CBP’’) 

will continue to collect AD cash 

deposits at the rates in effect at the time 

of entry for all imports of subject 

merchandise. 

The effective date of the continuation 

of the order will be the date of 

publication in the Federal Register of 

this notice of continuation. Pursuant to 

section 751(c)(2) of the Act, the 

Department intends to initiate the next 

five-year review of the order not later 

than 30 days prior to the fifth 

anniversary of the effective date of 

continuation. 

Revocation of the Order on EMD From 

Australia 

As a result of the determination by the 

ITC that revocation of the AD order on 

EMD from Australia would not be likely 

to lead to continuation or recurrence of 

material injury to an industry in the 

United States within a reasonably 

foreseeable time, pursuant to section 

751(d)(2) of the Act, the Department is 

revoking the AD order on EMD from 

Australia. Pursuant to section 751(d)(2) 

of the Act and 19 CFR 351.222(i)(2)(i), 

the effective date of revocation is 

October 7, 2013 (i.e., the fifth 

anniversary of the date of publication of 

the order in the Federal Register).5

Cash Deposit and Assessment of Duties 

for EMD From Australia 

The Department will notify CBP 15 

days after publication of this notice, to 

terminate the suspension of liquidation 

and to discontinue the collection of cash 

deposits on entries of EMD from 

Australia, entered or withdrawn from 

warehouse, on or after October 7, 2013. 

The Department will further instruct 

CBP to refund with interest all cash 

deposits on entries made on or after 

October 7, 2013. Entries of EMD from 

Australia prior to the effective date of 

revocation will continue to be subject to 

suspension of liquidation and AD 

deposit requirements and assessments. 

The Department will complete any 

pending or requested administrative 

reviews of the order on EMD from 

Australia covering entries prior to 

October 7, 2013. 

Administrative Protective Order 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (‘‘APO’’) 

of their responsibility concerning the 

return/destruction or conversion to 

judicial protective order of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3). 

Failure to comply is a violation of the 

APO which may be subject to sanctions. 

These five-year (sunset) reviews and 

notice are published in accordance with 

sections 751(c) and (d)(2), and 777(i) of 

the Act, and 19 CFR 351.218(f)(4). 

Dated: December 31, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2015–00183 Filed 1–8–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD702 

Gulf of Mexico Fishery Management 

Council (Council); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting of the 

Gulf of Mexico Fishery Management 

Council. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Council) will 

hold meetings of the: Administrative 

Policy, Data Collection, Reef Fish, 

Mackerel and Gulf SEDAR Management 

Committees; in conjunction with a 

meeting of the Full Council. The 

Council will also hold a formal public 

comment session. 

DATES: The Council meeting will 

convene 8:30 a.m. on Monday, January 

26 and adjourn 4 p.m. on Thursday, 

January 29, 2015. 

ADDRESSES: 

Meeting address: The meeting will be 

held at the Grand Hotel Marriott, 

located at One Grand Boulevard, Point 

Clear, AL 36564; telephone: (251) 928– 

9201. 

Council address: Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Douglas Gregory, Executive Director, 

Gulf of Mexico Fishery Management 

Council; telephone: (813) 348–1630; fax: 

(813) 348–1711; email: doug.gregory@

gulfcouncil.org 

SUPPLEMENTARY INFORMATION: The items 

of discussion for each individual 

management committee agenda are as 

follows: 

Administrative Policy Committee 

Agenda, Monday, January 26, 2015, 8:30 

a.m. until 10:30 a.m.: 

• Update on Advisory Panel (AP) and 

Scientific and Statistical Committee 

(SSC) Appointment Process and 

Structure 

• Review of NMFS/NOAA Comments 

on 2012 Standard Operating 

Policies and Procedures (SOPPs) 


rljohnson on DSK3VPTVN1PROD with NOTICES