[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7751-7753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03073]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-001]


Potassium Permanganate From the People's Republic of China: 
Preliminary Results of the 2014 Antidumping Duty Administrative Review

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 (the ``Department'') is 
conducting an administrative review of the antidumping duty (``AD'') 
order on potassium permanganate from the People's Republic of China 
(the ``PRC'') for the period of review (``POR'') January 1, 2014, 
through December 31, 2014.\1\ The Department preliminarily determines 
that PAL sold subject merchandise in the United States at prices below 
normal value (``NV'') during the POR. If these preliminary results are 
adopted in the final results, the Department will instruct U.S. Customs 
and Border Protection (``CBP'') to assess antidumping duties on all 
appropriate entries of subject merchandise during the POR. Interested 
parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Potassium Permanganate from the 
People's Republic of China, 49 FR 3897 (January 31, 1984).

---------------------------------------------------------------------------
DATES: Effective February 16, 2016.

FOR FURTHER INFORMATION CONTACT: Paul Walker or Javier Barrientos, AD/
CVD

[[Page 7752]]

Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0413 
or 202-482-2243, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 2, 2015, the Department initiated an administrative review 
of the antidumping order on potassium permanganate from the PRC.\2\ 
Between April and September 2015, the Department sent AD questionnaires 
and supplemental questionnaires to PAL, to which it responded in a 
timely manner. On October 5, 2015, the Department partially extended 
the deadline for issuing the preliminary results until November 2, 
2015.\3\ On October 27, 2015, the Department fully extended the 
deadline for issuing the preliminary results until February 1, 2016.\4\ 
As explained in the memorandum from the Acting Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll all administrative deadlines due to the recent closure of the 
Federal Government. All deadlines in this segment of the proceeding 
have been extended by four business days. The revised deadline for the 
preliminary results of this administrative review is now February 5, 
2016.\5\
---------------------------------------------------------------------------

    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 11166 (March 2, 2015) (``Initiation 
Notice'').
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Potassium Permanganate from the People's Republic of China: 
Extension of Deadline for Preliminary Results of 2014 Antidumping 
Duty Administrative Review,'' dated October 5, 2015.
    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Potassium Permanganate from the People's Republic of China: 
Extension of Deadline for Preliminary Results of 2014 Antidumping 
Duty Administrative Review,'' dated October 27, 2015.
    \5\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------

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.

Methodology

    The Department conducted this review in accordance with sections 
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended 
(the ``Act''). Export prices have been calculated in accordance with 
section 772 of the Act. Because the PRC is a non-market economy 
(``NME'') within the meaning of section 771(18) of the Act, NV has been 
calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement aCnd Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\6\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the PRC-wide 
entity in this review, the entity is not under review and the entity's 
rate (i.e., 128.94 percent) is not subject to change.
---------------------------------------------------------------------------

    \6\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period January 1, 2014, 
through December 31, 2014:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              margin
                                                                 (USD/
                                                               kilogram)
------------------------------------------------------------------------
Pacific Accelerator Limited.................................        2.20
------------------------------------------------------------------------

Disclosure, Public Comment and Opportunity To Request a Hearing

    The Department will disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\7\ 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.\8\ 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.\9\ 
Parties submitting briefs should do so pursuant to the Department's 
electronic filing system, ACCESS.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d)(1)-(2).
    \9\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a date and 
time to be determined. See 19 CFR 351.310(d). Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
    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, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP

[[Page 7753]]

shall assess, antidumping duties on all appropriate entries covered by 
this review.\10\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    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 to the total 
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where 
an importer- (or customer-) specific ad valorem rate is greater than de 
minimis, the Department will instruct CBP to collect the appropriate 
duties at the time of liquidation.\11\ Where either a respondent's 
weighted average dumping margin is zero or de minimis, or an importer- 
(or customer-) specific ad valorem is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\12\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(b)(1).
    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

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 the companies listed above 
that have a separate rate, the cash deposit rate will be that 
established in the final results of this review (except, if the rate is 
zero or de minimis, then 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 
exporter-specific 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 PRC-wide entity; 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 exporter 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 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.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
    a. Non-Market Economy Country Status
    b. Separate Rates
    c. Surrogate Country
    d. PRC-Wide Entity
    e. Determination of Comparison Method
    f. Results of Differential Pricing Analysis
    g. Comparisons to Normal Value
    h. Date of Sale
    i. Export Price
    j. Value Added Tax
    k. Normal Value
    l. Factor Valuations
    m. Currency Conversion
5. Recommendation

[FR Doc. 2016-03073 Filed 2-12-16; 8:45 am]
BILLING CODE 3510-DS-P