[Federal Register Volume 66, Number 175 (Monday, September 10, 2001)]
[Notices]
[Pages 47002-47003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22654]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-007]


Potassium Permanganate From Spain: Notice of Amended Final 
Results of Antidumping Duty Administrative Review Pursuant to Final 
Court Decision

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

ACTION: Notice of amended final results of antidumping duty 
administrative review pursuant to final court decision

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SUMMARY: On February 28, 1992, the United States Court of International 
Trade (CIT) affirmed the remand determination of the Department of 
Commerce (the Department) of the final results of the antidumping duty 
administrative review on potassium permanganate from Spain for the 
period of review, January 1, 1986 to December 31, 1986. In order to 
give effect to this final and conclusive decision, we are amending our 
final results retroactively.

EFFECTIVE DATE: September 10, 2001.

FOR FURTHER INFORMATION CONTACT: Jack K. Dulberger, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-5505.

SUPPLEMENTARY INFORMATION:

Background

    On June 8, 1988, the Department published in the Federal Register a 
notice of final results of antidumping duty administrative review on 
potassium permanganate from Spain See Notice of Final Results of 
Antidumping Duty Administrative Review on Potassium Permanganate from 
Spain, 53 FR 21504 (June 8, 1988) (Final Results). Industria Quimica 
del Nalon (IQN), (formerly known as Asturquimica), the sole respondent 
in this case, subsequently appealed the Department's determination 
before the CIT on the following three issues: (1) Whether to allow home 
market technical services and invoice processing expense adjustments; 
(2) whether to allow a currency conversion adjustment (i.e., for 
Spanish currency appreciation during the POR, under 19 CFR 353.60 (b)); 
and (3) whether to allow a home market tax rebate adjustment. On 
December 21, 1989, the CIT directed the Department to grant a tax 
rebate adjustment. See Industria Quimica del Nalon v. United States, 
Slip Op. 89-174 (December 21, 1989). On May 24, 1991 the court again 
remanded the above-referenced proceeding to the Department. In its 
opinion, the court directed the Department to grant the respondent 
technical services and invoice processing expense adjustments. See 
Industria Quimica del Nalon v. United States, Slip Op. 91-43 (CIT, May 
24, 1991).\1\
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    \1\ In its opinion, the CIT also upheld the Department's denial 
of a currency rate adjustment. See Industria Quimica del Nalon v. 
United States, Slip Op. 91-43 (CIT, May 24, 1991).

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[[Page 47003]]

    On September 9, 1991, the Department filed with the court its final 
results of redetermination in which the dumping margin calculation 
reflected the adjustments for the tax rebate and certain technical 
services and invoice processing expenses. See Memorandum for Eric I. 
Garfinkel, Assistant Secretary from Joseph A. Spetrini, Deputy 
Assistant Secretary: Remand Results--Industria Quimica del Nalon v. 
United States concerning Potassium Permanganate from Spain, (September 
9, 1991)(Public Version). On February 28, 1992, the CIT affirmed the 
Department's remand results. See Industria Quimica del Nalon v. United 
States, Slip Op. 92-17 (CIT, February 28, 1992). On May 17, 1993, the 
court issued a final and conclusive decision dismissing the case. See 
Industria Quimica del Nalon v. United States, Slip Op. 92-17 (May 17, 
1993). This decision was not appealed and has now become final and 
conclusive.
    As a result of these proceedings, the dumping margin for IQN 
changed to 5.53 percent. We are amending the Final Results for the 
period January 1, 1986 to December 31, 1986 now as notice of this 
change was inadvertently not published earlier.
    As a result of the remand determination, the final dumping margin 
is as follows:
    Manufacturer: IQN
    Margin (Percent): 5.53
    The ``All Others Rate'' was not affected by the Final Results of 
Redetermination.
    Accordingly, the Department will determine and the United States 
Customs Service will assess, antidumping duties on all entries of 
subject merchandise from IQN during the review period in question in 
accordance with these amended final results. This notice is issued and 
published in accordance with section 751(a)(1) of the Tariff Act (19 
USC 1675(a)(1) and 19 CFR 351.221).

    Dated: August 31. 2001.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-22654 Filed 9-7-01; 8:45 am]
BILLING CODE 3510-DS-P