[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:
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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