[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Notices]
[Pages 7413-7415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02724]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-001]


Potassium Permanganate From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request by Pacific Accelerator Limited 
(``PAL''), the Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty (``AD'') order on 
potassium permanganate from the People's Republic of China (``PRC'') 
for the period of review (``POR'') January 1, 2013, through December 
31, 2013. The Department has preliminarily determined that PAL had no 
reviewable entries of subject merchandise during the POR.

DATES: Effective Date: February 10, 2015.

FOR FURTHER INFORMATION CONTACT: Alexander Montoro, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0238.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    Imports covered by the order are shipments of potassium 
permanganate, an inorganic chemical produced in free-flowing, 
technical, and pharmaceutical grades. Potassium permanganate is 
currently classifiable under item 2841.61.00 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS item number 
is provided for convenience and customs purposes, the written 
description of the merchandise remains dispositive.

Background

    On February 28, 2014, based on a timely request for review by PAL 
\1\, the Department initiated an administrative review of the 
antidumping order on potassium permanganate from the PRC.\2\ On March 
20, 2014, the Department issued Section A, C, and D questionnaires to 
PAL.\3\ On April 24, May 16, and May 23, 2014, we received Section A, C 
and D questionnaire responses from PAL, respectively. On July 10, 2014, 
the Department issued a supplemental questionnaire asking PAL to 
confirm whether it had any entries of subject merchandise during the 
POR.\4\ On September 5, 2014, we extended the preliminary results to 
December 3, 2014.\5\ On November 18, 2014, we fully

[[Page 7414]]

extended the preliminary results to February 2, 2015.\6\
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    \1\ See letter from Pacific Accelerator Limited entitled, 
``Request for Administrative Review of the Antidumping Duty Order on 
Potassium Permanganate from the People's Republic of China,'' dated 
January 30, 2014.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
11401 (February 28, 2014).
    \3\ See the Department's letter to Pacific Accelerator Limited 
entitled, ``Antidumping Duty Administrative Review of Potassium 
Permanganate from the People's Republic of China: Questionnaire,'' 
dated March 20, 2014 (``Questionnaire'').
    \4\ See the Department's letter to Pacific Accelerator Limited 
entitled, ``Antidumping Duty Administrative Review of Potassium 
Permanganate from the People's Republic of China: Supplemental 
Section C Questionnaire,'' dated July 10, 2014 (``Section C 
Supplemental'').
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary, through James Doyle, Office Director, from Alexander 
Montoro, International Trade Compliance Analyst, ``Potassium 
Permanganate from the People's Republic of China; Extension of 
Deadline for Preliminary Results of the 2013 Antidumping Duty 
Administrative Review,'' dated September 5, 2014.
    \6\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary, through James Doyle, Office Director, from Alexander 
Montoro, International Trade Compliance Analyst, ``Potassium 
Permanganate from the People's Republic of China; Second Extension 
of Deadline for Preliminary Results of the 2013 Antidumping Duty 
Administrative Review,'' dated November 18, 2014.
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Preliminary Determination of No Reviewable Entries

    PAL's Section C response indicated that PAL made only one sale on 
the last day of POR, which entered the United States five months after 
the end of the review period. On July 17, 2014, in response to the 
Department's Section C Supplemental, PAL reported having no entries 
during the POR, but stated that the review should proceed because it 
made a sale during the POR.\7\ Carus Corporation (``Petitioner'') 
submitted comments on July 24, 2014, in response to PAL's supplemental, 
and stated that the review should be rescinded since there are no 
reviewable entries during the POR.\8\ On July, 28, 2014, PAL submitted 
comments in response to Petitioner's July 24, 2014, submission.\9\ 
Petitioner submitted additional comments in response to PAL on July 31, 
2014.\10\ PAL submitted a final set of comments on August 6, 2014.\11\
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    \7\ See PAL's July 17, 2014, submission at 11.
    \8\ See Petitioner's July 24, 2014, submission at 1.
    \9\ See PAL's July 28, 2014, submission.
    \10\ See Petitioner's July 31, 2014, submission.
    \11\ See PAL's August 6, 2014, submission.
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    On August 5, 2014, we asked U.S. Customs and Border Protection 
(``CBP'') to conduct a query on potential shipments of subject 
merchandise made by PAL during the POR, in accordance with our 
practice. On August 13, 2014, we received the requested CBP data query 
information, which confirmed that PAL had no entries of the subject 
merchandise during the POR.\12\
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    \12\ See Memorandum to the File, from Alexander Montoro, 
International Trade Compliance Analyst entitled, ``CBP Data Query 
Results,'' dated concurrently with this notice.
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    After reviewing PAL's submission and the CBP data, which confirms 
that PAL had no entries during the POR, we preliminarily determine that 
PAL did not have any reviewable entries during the POR. The Department 
finds that consistent with its practice in non-market economy 
antidumping duty cases, it is appropriate not to rescind the review in 
part in this circumstance but, rather, to complete the review with 
respect to the above named companies and issue appropriate instructions 
to CBP based on the final results of the review.\13\
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    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME 
Reseller Policy'').
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.\14\ A list of the topics discussed in 
the Preliminary Decision Memorandum is attached to this notice in 
Appendix I. The Preliminary Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS'').\15\ ACCESS is available to registered users at 
http://iaaccess.trade.gov, and is available to all parties in the 
Central Records Unit, Room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
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    \14\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
entitled ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Potassium Permanganate from 
the People's Republic of China,'' dated concurrently with this 
notice (``Preliminary Decision Memorandum'').
    \15\ On November 24, 2014, Enforcement and Compliance changed 
the name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period January 1, 2013, 
through December 31, 2013:

------------------------------------------------------------------------
                                                             Weighted
                        Exporter                             average
                                                         dumping  margin
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Pacific Accelerator Limited............................             (*)
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* No reviewable entries in this review. The firm does not have an
  individual rate or a separate rate and has never been reviewed in any
  other prior segment. Thus, the firm is considered part of the PRC-wide
  entity, which does have a rate from a prior segment of the proceeding.

Public Comment and Opportunity to Request a Hearing

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review.\16\ 
Rebuttals to case briefs, which must be limited to issues raised in the 
case briefs, must be filed within five days after the time limit for 
filing case briefs.\17\ Parties who submit arguments are requested to 
submit with the argument (a) a statement of the issue, (b) a brief 
summary of the argument, and (c) a table of authorities.\18\ Parties 
submitting briefs should do so pursuant to the Department's electronic 
filing requirements.
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    \16\ See 19 CFR 351.309(c)(1)(ii).
    \17\ See 19 CFR 351.309(d)(1)-(2).
    \18\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\19\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\20\
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    \19\ See 19 CFR 351.310(c).
    \20\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\21\ The Department intends to issue assessment 
instructions to CBP 15

[[Page 7415]]

days after the publication date of the final results of this review. 
For any individually examined respondent whose weighted average dumping 
margin is above de minimis (i.e., 0.50 percent) in the final results of 
this review, the Department will calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales and the total entered 
value of sales, in accordance with 19 CFR 351.212(b)(1). We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this 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 importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
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    \21\ See 19 CFR 351.212(b).
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    The Department recently 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 data submitted by 
companies individually examined during the administrative review, the 
Department will instruct CBP to liquidate such entries at the rate for 
the PRC-wide entity. Additionally, if the Department determines that an 
exporter had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's cash deposit rate) will be liquidated at the rate for the 
PRC-wide entity.\22\
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    \22\ For a full discussion of this practice, see NME Reseller 
Policy.
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    The final results of this 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 cash 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 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 
sections 751(a)(2)(C) of the Act: (1) For previously investigated or 
reviewed PRC and non-PRC exporters that received a separate rate in a 
prior completed segment of this proceeding, the cash deposit rate will 
continue to be the existing exporter-specific rate; (2) 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 
PRC-wide entity, which is 128.94 percent; \23\ and (3) 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 
exporter that supplied that non-PRC exporter.
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    \23\ See Potassium Permanganate From the People's Republic of 
China; Final Results of Antidumping Duty Administrative Review, 59 
FR 26625 (May 23, 1994).
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    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 the POR. 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.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: February 2, 2015.
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. Preliminary Finding of No Reviewable Entries
5. Recommendation

[FR Doc. 2015-02724 Filed 2-9-15; 8:45 am]
BILLING CODE 3510-DS-P