[Federal Register Volume 66, Number 174 (Friday, September 7, 2001)]
[Notices]
[Pages 46775-46777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22560]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-001]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On February 27, 2001, the Department of Commerce (``the 
Department'') published the preliminary results of administrative 
review of the antidumping duty order on potassium permanganate from the 
People's Republic of China (``PRC''). This review covers an exporter, 
Guizhou Provincial Chemicals Import & Export Corporation (``Guizhou''), 
and its supplier of potassium permanganate, the Zunyi Chemical Factory 
(``Zunyi''). The period of review (``POR'') is January 1, 1999 through 
December 31, 1999.
    The final weighted-average dumping margin for the reviewed exporter 
is listed below in the section entitled ``Final Results of Review.'' 
The final margin differs from that published in the preliminary results 
due to changes that we made since the preliminary results. For details 
regarding these changes, see the section of the notice entitled 
``Changes Since the Preliminary Results.''

EFFECTIVE DATE: September 7, 2001.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Howard Smith, AD/CVD 
Enforcement Group II, Office IV, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
4474 or (202) 482-5193 respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (``the Act'') by 
the Uruguay Rounds Agreements Act (``URAA''). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the current regulations at 19 CFR part 351 (2001).

Background

    Since the publication of the preliminary results, the following 
events have occurred. On March 19, 2001 the respondents and the 
petitioner (Carus Chemical Company (``Carus'')) submitted publicly 
available information and comments regarding factor valuation. On March 
29, 2001 petitioner filed rebuttal comments regarding the respondents' 
March 19, 2001 factor value submission and objected to respondents' 
submission because it lacked certificates of accuracy. At the 
Department's request the respondents submitted an appropriate 
certificate on April 5, 2001. See the memorandum to the file from the 
case analyst dated April 16, 2001. In response to the Department's 
invitation to comment on the preliminary results of review, the 
petitioner and the respondents filed case briefs on March 30, 2001 and 
rebuttal briefs on April 5, 2001. The Department held a public

[[Page 46776]]

hearing regarding this review on April 13, 2001.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of the Review

    Imports covered by this review are shipments of potassium 
permanganate, an inorganic chemical produced in free-flowing, 
technical, and pharmaceutical grades. During the review period, 
potassium permanganate was classifiable under item 2841.60.0010 of the 
Harmonized Tariff Schedule (``HTS''). The HTS item number is provided 
for convenience and Customs purposes. The written description remains 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from Bernard T. Carreau, Deputy 
Assistant Secretary, Important Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated concurrently with 
this notice, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in the Central Record Unit, room B-099 of 
the main Department of Commerce building. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the Web 
at www.ia.ita.doc.gov. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results of Review

    Based on our analysis of the petitioner's and the respondents' 
comments, we have made certain changes to the factors of production and 
surrogate values used to calculate the margin in the preliminary 
results. The changes and corrections are discussed in the relevant 
sections of the Decision Memorandum. In addition, further details 
regarding the changes and corrections can be found in the surrogate 
value memorandum (see Surrogate Values Used for the Final Results of 
the 1999 Administrative Review of Potassium Permanganate From the 
People's Republic of China), which is on file in room B-099 of the main 
Department of Commerce building.

Final Results of Review

    We determine that the following percentage weighted-average margins 
exist for the period January 1, 1999 through December 31, 1999:

------------------------------------------------------------------------
                                                                Margin
                    Exporter/manufacturer                      (percent)
------------------------------------------------------------------------
Guizhou Provincial Chemicals Import & Export Corporation....      107.32
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated exporter/importer-specific 
assessment rates. We divided the total dumping margins for sales to a 
specific importer by the total quantity of subject merchandise sold to 
the importer in order to calculate a per-unit dollar assessment. The 
per-unit dollar amount will be assessed uniformly against each unit of 
subject merchandise that the importer entered during the POR.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of potassium permanganate from the PRC entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(1) of the Act: (1) The cash 
deposit rates for the reviewed company will be the rate shown above; 
(2) for previously reviewed or investigated companies not listed above 
that have separate rates, the cash deposit rate will continue to be the 
company-specific rate published for the most recent period; (3) the 
cash deposit rate for all other PRC exporters will continue to be 
128.94 percent; and (4) the cash-deposit rate for non-PRC exporters 
will be the rate applicable to the PRC supplier of that exporter.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 27, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comments and Responses

1. Allegations That the Sale is not Bona Fide and There was Fraud 
Upon the Department's Proceedings
2. Allegation of Failure to Properly Address the Characteristics of 
the Sale
3. Allegation of Failure to Take into Account the Importer's Resale 
Price
4. Allegation of Failure to Properly Weigh Evidence Regarding the 
Shipper's Policy on LCL Shipments
5. Allegation of Failure to Address Fraud on the Department's 
Proceedings
6. Allegation of Failure to Properly Weigh Evidence Regarding 
Knowledge of the Hazardous Nature of the Merchandise
7. Allegation of Failure to Take into Account Evidence Regarding the 
Parties Responsible for the Merchandise Descriptions on House Bills 
of Lading (HBLs)
8. Allegation of Failure to Properly Weigh Evidence Regarding the 
Fraudulent HBL
9. Allegation That the Department Improperly Placed the Burden of 
Proof on Petitioner
10. Allegation of Failure to Determine Whether the Shipment was 
Legal
11. Allegation That the Department's Approach in the Preliminary 
Results Undermines Trade Laws
12. Respondents' Failure to Provide the Required Certification with 
their Factor Value Submission
13. Use of Third-Party Price Quotes Dated after the Preliminary 
Results
14. Contemporaneity and Representativeness of Respondents' Price 
Quotes
15. Surrogate Value for Coal
16. Surrogate Value for Drums Used for Packing
17. Surrogate Value for Electricity
18. Surrogate Value for Manganese Dioxide
19. Surrogate Value for Potassium Hydroxide
20. Surrogate Value for Selling, General and Administrative Expenses 
(SG&A), Factory Overhead and Profit Ratios

[[Page 46777]]

21. Surrogate Value for Water
22. Inputs Used to Treat River Water: Lime, Alum, Salt, Electricity 
and Labor
23. Surrogate Value for Lime
24. Surrogate Value for Alum
25. Surrogate Value for Salt

[FR Doc. 01-22560 Filed 9-6-01; 8:45 am]
BILLING CODE 3510-DS-P