[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: 94-21889]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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DEPARTMENT OF COMMERCE
[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.

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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 Sec. 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, 1991 through December 31, 1991. 
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 Sec. 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, N.W., Washington, D.C. 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 timely requests for review 
from Carus and Novachem, Inc. (Novachem), an importer, the Department 
initiated, on February 24, 1992, an administrative review for the 
period January 1, 1991 through December 31, 1991 (56 FR 6621). 
Subsequently, on May 8, 1992, Novachem withdrew its request for review. 
On July 7, 1994, Carus requested that it be permitted to withdraw its 
request for review for this period of review.

SUPPLEMENTARY INFORMATION: According to 19 CFR Sec. 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) and Novachem have 
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 1991 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 1991 review was 
presently based solely on the petitioner's request, which could 
possibly be withdrawn pursuant to section 19 CFR Sec. 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 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. 94-21889 Filed 9-2-94; 8:45 am]
BILLING CODE 3510-DS-M