[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-21888] [[Page Unknown]] [Federal Register: September 6, 1994] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-001] Potassium Permanganate From the People's Republic of China; Termination of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Termination of Antidumping Duty Administrative Review. ----------------------------------------------------------------------- SUMMARY: On July 7, 1994, the Department of Commerce (the Department) received a request from Carus Chemical Company (Carus), the petitioner, that it be permitted to withdraw its request for an administrative review, pursuant to 19 CFR 353.22(a)(5) (1994), of the antidumping duty order on potassium permanganate from the People's Republic of China (PRC) for the period January 1, 1992, through December 31, 1992. Although the Department received the request to withdraw after the normal period allowed, the Department is terminating this administrative review in accordance with 19 CFR 353.22(a)(5). EFFECTIVE DATE: September 6, 1994. FOR FURTHER INFORMATION CONTACT: Paul Stolz, Office of Antidumping Compliance, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone number (202) 482-4474. Background On January 31, 1984, the Department published in the Federal Register (49 FR 3898) the antidumping duty order on potassium permanganate from the PRC. After receiving a timely request for review from Carus, the Department initiated, on March 26, 1993, an administrative review for the period January 1, 1992, through December 31, 1992 (56 FR 6621). On July 7, 1994, Carus requested that it be permitted to withdraw its request for review for this period of review. SUPPLEMENTARY INFORMATION: In accordance with 19 CFR 353.22(a)(5), the Department may extend the normal 90-day time limit for withdrawal of a request for review if the Department determines it is reasonable to do so. We have determined that it is reasonable to extend the time limit for Carus' request because we have not issued preliminary results of review for this period and because there is no indication on the record that the substantive rights of any party would be impaired by such a decision. Respondent Zunyi Chemical Factory (Zunyi) has objected to the termination request on the grounds that (1) the Department should not ignore the information Zunyi has already placed on the record for this review, and (2) the request for a 1992 review was a factor in respondent's decision not to challenge the results of the 1990 review, published on May 23, 1994 (59 FR 26625). It is our position that Zunyi should have been aware, in making its decision with regard to the 1990 review, that the 1992 review was based solely on the petitioner's request, which could possibly be withdrawn pursuant to 19 CFR 353.22(a)(5). Furthermore, neither the statute nor the regulations prohibit the termination of a review in which responses have been received. Zunyi could have, in either case, guaranteed its right to continue this review, by making its own request for review at the proper time. By not making such a request, Zunyi has forfeited its legal ability to compel the Department to continue a review in which the only party still requesting review has now withdrawn that request. Accordingly, it is appropriate to terminate this review. This notice is published in accordance with section 751 of the Tariff Act of 1930, as amended (19 U.S.C. 1675) and 19 CFR 353.22(a)(5). Dated: August 25, 1994. Roland L. MacDonald, Acting Deputy Assistant Secretary for Compliance. [FR Doc. 94-21888 Filed 9-2-94; 8:45 am] BILLING CODE 3510-DS-M