[Federal Register Volume 68, Number 167 (Thursday, August 28, 2003)]
[Notices]
[Pages 51765-51767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22049]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-001]


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

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On February 18, 2003, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on potassium permanganate from the 
People's Republic of China (PRC). The review covers potassium 
permanganate (subject merchandise) exported to the United States by 
Groupstars Chemical Co., Ltd. (Groupstars Jinan) during the period from 
January 1, 2001 through December 31, 2001.
    Based on our analysis of the comments and additional factual 
information received after publication of the preliminary results of 
review, we have made changes in the margin calculation. Therefore, the 
final results differ from the preliminary results. The final weighted-
average dumping margin for the reviewed firm is listed below in the 
section entitled Final Results of Review.

EFFECTIVE DATE: August 28, 2003.

FOR FURTHER INFORMATION CONTACT: John Conniff, Drew Jackson or Howard 
Smith, Office of AD/CVD Enforcement, Office 4, Group II, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230;

[[Page 51766]]

telephone (202) 482-1009, (202) 482-4406 or (202) 482-5193, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2003, the Department published the preliminary 
results of the administrative review of the antidumping duty order on 
potassium permanganate from the PRC. See Potassium Permanganate from 
the People's Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review, 68 FR 7768 (February 18, 2003) (Preliminary 
Results). We invited parties to comment on our preliminary results of 
review.
    Since the publication of the preliminary results, the following 
events have occurred. On March 10, 2003, Groupstars submitted publicly 
available surrogate value information regarding manganese ore.\1\ In 
March, April and May of 2003 Groupstars and Carus Chemical Company, the 
petitioner, submitted new factual information. The Department accepted 
this information. See memorandum from John Conniff, International Trade 
Compliance Analyst, to the File concerning Submission of technical 
information by Carus Chemical Company dated April 16, 2003 and 
memorandum from John Conniff, International Trade Compliance Analyst, 
to Thomas F. Futtner, Acting Office Director, concerning Submission of 
Untimely Filed Factual Information by the Petitioner and the 
Respondent, dated July 30, 2003. The petitioner and the respondent 
submitted case briefs on May 7, 2003 and rebuttal briefs on May 12, 
2003. On July 24, 2003, the Department held a public hearing that had 
been requested by the petitioner.
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    \1\ Groupstars refers to Groupstars Holding Inc. and the 
entities that it directly or indirectly owns (including Groupstars 
Jinan).
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    On June 11, 2003, the Department extended the time limit for 
completion of the final results until no later than August 17, 2003. 
See Potassium Permanganate from the People's Republic of China: 
Extension of Time Limit for the Final Results of Antidumping Duty 
Administrative Review, 68 FR 34907 (June 11, 2003). The Department has 
conducted this administrative review in accordance with section 751 of 
the Tariff Act of 1930, as amended (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 2841.61.0000 of the 
Harmonized Tariff Schedule of the United States (HTSUS).\2\ Although 
the HTSUS subheading is provided for convenience and customs purposes, 
our written description of the scope of the order is dispositive.
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    \2\ The scope reflects the HTSUS subheading currently in effect 
which differs from the HTSUS subheading used in the prior segment of 
this proceeding.
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Period of Review

    The POR is January 1, 2001 through December 31, 2001.

Analysis of Comments Received

    All issues raised in the case briefs and the rebuttal briefs 
submitted by parties to this administrative review are contained in the 
Issues and Decision Memorandum from Holly A. Kuga, Acting Deputy 
Assistant Secretary, to Jeffrey May, Acting Assistant Secretary (Issues 
and Decision Memorandum). The Issues and Decision Memorandum is dated 
concurrently with this notice and hereby adopted by this notice. A list 
of the issues which the parties have raised is attached to this notice 
as an Appendix. Parties can find a complete discussion of all issues 
raised in this administrative review, and the corresponding 
recommendations, in the Issues and Decision Memorandum which is on file 
in the Central Records Unit, room B-099 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov. The paper copy and electronic version of the Issues and 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results--Use of Total Adverse Facts 
Available

    Section 776(a)(2) of the Act provides that, if an interested party 
(A) withholds information requested by the Department, (B) fails to 
provide such information by the deadline for submission of the 
information, or in the form and manner requested, (C) significantly 
impedes a proceeding under the antidumping statute, or (D) provides 
information that cannot be verified, the Department shall use, subject 
to section 782(d) of the Act, facts otherwise available in reaching the 
applicable determination. Because Groupstars was unable to support its 
response with accurate and reliable records, we have determined that 
Groupstars' response is not verifiable and the use of total facts 
available is appropriate. See section 776(a)(2)(D) of the Act. For a 
complete discussion of our analysis, see the accompanying Issues and 
Decision Memorandum at Comment 1. Moreover, because Groupstars has 
never established its entitlement to a separate rate in a prior segment 
of this proceeding, and the Department has determined that the record 
in the instant review is unreliable and thus not verifiable, we have 
not granted Groupstars a separate rate.
    In selecting from among the facts otherwise available, section 
776(b) of the Act provides that if the Department finds that an 
interested party failed to cooperate by not acting to the best of its 
ability to comply with a request for information, the Department may 
use an inference that is adverse to the interests of the party. The Act 
provides that an adverse inference may include reliance on information 
derived from the petition, a final determination in an antidumping 
investigation or review, or any other information placed on the record. 
See section 776(b)(1)-(4) of the Act. The Department's examination of 
the instant record shows that Groupstars has repeatedly submitted 
inconsistent, inaccurate and incomplete information in this review and 
has withheld information from the Department. This demonstrates that 
the respondent has failed to cooperate to the best of its ability 
pursuant to section 776(b) of the Act. Therefore, the use of adverse 
facts available is appropriate.
    Because it is appropriate to assign Groupstars a dumping margin 
based on adverse facts available and deny the company a separate rate, 
for these final results, we have assigned the PRC entity, including 
Groupstars, a dumping margin of 128.94 percent, which is the highest 
margin calculated for any party in this proceeding and the current PRC-
wide rate. For a complete discussion of our analysis, see the 
accompanying Issues and Decision Memorandum at Comment 1.

Final Results of Review

------------------------------------------------------------------------
                                                               Margin
                   Exporter/Manufacturer                      (percent)
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PRC-Wide Rate.............................................       128.94
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Cash Deposit Requirements

    The following cash 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) For

[[Page 51767]]

previously reviewed or investigated companies that have separate rates, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (2) the cash deposit rate for all 
other PRC exporters will be 128.94 percent; and (3) the cash deposit 
rate for non-PRC exporters will be the rate applicable to the PRC 
exporter that supplied that exporter.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.

Assessment

    The Department will determine, and the U.S. Bureau of Customs and 
Border Protection (BCBP) will assess, antidumping duties on all entries 
of subject merchandise in accordance with these final results. The 
Department will issue the appropriate assessment instructions directly 
to the BCBP within 15 days of publication of these final results of 
review. The Department will direct the BCBP to assess the resulting 
assessment rate against the entered customs values of the subject 
merchandise on each of the entries during the review period.

Reimbursement of Duties

    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.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 771(I)(1) of the Act.

    Dated: August 18, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comment 1: Whether the Department Should Base Groupstars Jinan's 
Dumping Margin on Total Adverse Facts Available
Comment 2: Whether the Department Should ``Collapse'' Groupstars and 
JCC
Comment 3: Surrogate Value for Manganese Dioxide
Comment 4: Surrogate Value for Potassium Hydroxide
Comment 5: Surrogate Value for Slaked Lime/Lime/Limestone
Comment 6: Surrogate Value for Electricity and Water
Comment 7: Surrogate Value for Coal
Comment 8: Surrogate Value for Salt
Comment 9: Surrogate Value for Silicon Dioxide
Comment 10: Selection of Surrogate Financial Ratios
Comment 11: Allegations of Ministerial Errors Related to the 
Calculation of Packing Materials
Comment 12: Allegations of Ministerial Errors Related to the 
Calculation of Distance to the Port
Comment 13: Whether the Department Should Have Included in its 
Calculations Additional Indirect Selling and Movement Expenses

[FR Doc. 03-22049 Filed 8-27-03; 8:45 am]
BILLING CODE 3510-DS-P