AD: Australia Electrolytic Manganese Dioxide
The International Trade Administration has made a final affirmative antidumping duty determination that imports of electrolytic manganese dioxide (EMD) from Australia are being, or are likely to be, sold in the U.S. at less than fair value.
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Termination of AD Critical Circumstances Investigation
The ITA states that the petitioner withdrew its critical circumstances allegation and requested that the ITA terminate its critical circumstances inquiry. Therefore, the ITA is terminating the critical circumstances investigation and will instruct U.S. Customs and Border Protection to terminate the suspension of liquidation of all imports of subject merchandise produced and exported by Delta EMD Australia Pty. Limited with a time of entry on or after December 27, 2007 and 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) during that time period.
AD Suspension of Liquidation
The ITA will instruct CBP to continue to suspend liquidation of all imports of subject merchandise with a time of entry on or after March 26, 2008 (the date of publication of the preliminary determination).
AD Cash Deposit/Bond Requirements
The ITA will also instruct CBP to require a cash deposit or the posting of a bond equal to the following estimated weighted-average dumping margins for subject merchandise with time of entry on or after August 14, 2008 (AD rates have changed from the preliminary determination):
| Manufacturer or Exporter | Final AD Rate |
|---|---|
| Delta EMD Australia Pty. Limited | 83.66% (from 120.59%) |
| All Others | 83.66% (from 120.59%) |
The ITA notes that if the exporter is not a firm identified in this investigation but the producer is, the rate will be that established for the producer of the subject merchandise.
AD Duty Order to be Issued if ITC Finds Injury/Threat of Injury
The International Trade Commission will determine, within 45 days, whether the domestic industry in the U.S. 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 ITA will issue an AD duty order.
(See ITA notice for further information, including the scope of the investigation (which is unchanged from the initiation notice), etc.
See ITT's Online Archives or 03/27/08 news, 08032730, for BP summary of the ITA's preliminary determination.
See ITT's Online Archives or 04/25/08 news, 08042540, for BP summary of the ITA's postponement of the final determination.)
ITA contact - Hermes Pinilla (202) 482-3477
ITA notice (FR Pub 08/14/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-18848.pdf
ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-australia-prc-emd-final-081108.pdf