Electrolytic Manganese Dioxide from Australia, China, Greece, Ireland, Japan, and South Africa

Determinations

On the basis of the record developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports from Australia, Greece, Ireland, Japan, and South Africa of electrolytic manganese dioxide, provided for in subheading 2820.10.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (LTFV). The Commission has determined that U.S. imports from China are negligible.

Commencement of Final Phase Investigations

Pursuant to § 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in § 207.21 of the Commission's rules, upon notice from the Department of Commerce (Commerce) of affirmative preliminary determinations in the investigations under section 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under section 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations.

Background

On July 31, 2003, a petition was filed with the Commission and Commerce by Kerr-McGee Chemical, LLC, Oklahoma City, OK, alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV imports of electrolytic manganese dioxide from Australia, China, Greece, Ireland, Japan, and South Africa. Accordingly, effective July 31, 2003, the Commission instituted antidumping duty investigations Nos. 731-TA-1048-1053 (Preliminary).

Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of August 11, 2003 (68 FR 47607). The conference was held in Washington, DC, on August 21, 2003, and all persons who requested the opportunity were permitted to appear in person or by counsel.

The Commission transmitted its determinations in these investigations to the Secretary of Commerce on September 15, 2003. The views of the Commission are contained in USITC Publication 3633 (September 2003), entitled Electrolytic Manganese Dioxide from Australia, China, Greece, Ireland, Japan, and South Africa: Investigations Nos. 731-TA-1048-1053 (Preliminary).