[Federal Register Volume 68, Number 196 (Thursday, October 9, 2003)]
[Notices]
[Pages 58306-58307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25631]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-001]


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

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

ACTION: Notice of rescission of the antidumping duty administrative 
review of potassium permanganate from the People's Republic of China.

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SUMMARY: In response to requests from the petitioner, Carus Chemical 
Company (Carus), and a U.S. importer, Groupstars Chemicals, LLC, the 
Department of Commerce (the Department) initiated an administrative 
review of the antidumping duty order on potassium permanganate from the 
People's Republic of China (PRC) covering the period January 1, 2002 
through December 31, 2002. Because Carus withdrew its review request, 
and Groupstars Chemicals, LLC's review request does not identify the 
PRC exporter to be reviewed, the Department is rescinding this 
administrative review.

EFFECTIVE DATE: October 9, 2003.

FOR FURTHER INFORMATION CONTACT: John Conniff or Drew Jackson, 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; telephone (202) 482-
1009 and (202) 482-4406, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 31, 1984, the Department published in the Federal 
Register (49 FR 3897) the antidumping duty order on potassium 
permanganate from the PRC (the order). On January 2, 2003, the 
Department issued a notice of ``Opportunity to Request Administrative 
Review'' of the order on a number of products including potassium 
permanganate from the PRC. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 68 FR 80. On January 28, 2003, Groupstars 
Chemicals, LLC requested that the Department conduct an administrative 
review of the order. On January 31, 2003, Carus requested an 
administrative review of Groupstars Chemicals Co., Ltd.-Shandong, 
Groupstars Chemical Co., Ltd.-Yunan (a joint venture owned by 
Groupstars Chemicals, LLC and the Yunan Jianshui County Chemical 
Industry Factory (JCC)), JCC and the Jianshui Chemical Plant (also 
translated as Jianshui Chemical Factory and Jianshui General Chemical 
Plant).
    On February 27, 2003, and March 25, 2003, the Department published 
in the Federal Register notices initiating administrative reviews of 
the requested companies. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 68 FR 9048 and Initiation 
of Antidumping and Countervailing Duty Administrative Reviews and 
Requests for Revocation in Part, 68 FR 14394 (this notice includes 
companies inadvertently omitted from the February 27, 2003, initiation 
notice).
    On March 17, 2003, the Department issued its antidumping 
questionnaire to the respondents. Groupstars Chemicals Co., Ltd. (which 
includes both the Shandong and Yunan operations) (Groupstars) responded 
to the Department's questionnaire on April 21, 2003 and May 8, 2003. On 
May 29, 2003, Groupstars submitted a letter to the Department on behalf 
of JCC (also referred to as Jianshui County Chemical Industry Factory) 
stating that JCC and the Jianshui General Chemical Plant are the same 
company, and this company did not have any sales to the United States 
during the POR. The Department issued a supplemental questionnaire to 
Groupstars on May 15, 2003. In Groupstars' June 10, 2003, response to 
the supplemental questionnaire, it stated that Groupstars Chemical Co., 
Ltd.-Yunan did not have any sales of the subject merchandise to the 
United States during the POR. See Groupstars' June 10, 2003, 
supplemental response at 6.
    In a letter dated September 11, 2003, Groupstars notified the 
Department that it will no longer participate in the administrative 
review. On September 16, 2003, Carus withdrew its request for an 
administrative review and urged the Department to immediately rescind 
the administrative review.
    The Department is conducting this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Rescission of Review

    On January 28, 2003, Groupstars Chemicals, LLC submitted a letter 
to the Department in which it requested ``an antidumping administrative 
review in the above-referenced matter {potassium permanganate from the 
People's Republic of China;{time}  for the review period covering 
January 1, 2002 to December 31, 2002.'' On January 31,

[[Page 58307]]

2003, Carus requested an administrative review of Groupstars Chemicals 
Co., Ltd.-Shandong, Groupstars Chemical Co., Ltd.-Yunan, JCC and the 
Jianshui Chemical Plant. Based on these requests, the Department 
initiated an administrative review of Groupstars Chemicals, LLC, 
Groupstars Chemicals Co., Ltd.-Shandong, Groupstars Chemical Co., Ltd.-
Yunnan, JCC and the Jianshui Chemical Plant.
    The Department is rescinding its review of the companies named in 
Carus' request for review because Carus has withdrawn its request. See 
Carus' September 16, 2003 letter to the Department. Pursuant to 19 CFR 
351.213(d)(1), the Department will rescind an administrative review, in 
whole or in part, if a party that requested a review withdraws the 
request within 90 days of the date of publication of the notice of 
initiation of the requested review. Although Carus withdrew its request 
after the 90-day period, there were no other requests to review any of 
the companies for which Carus requested a review, and the review for 
these companies had not yet progressed beyond a point where it would 
have been unreasonable to allow Carus to withdraw its request for a 
review. This action is consistent with the approach taken in past 
antidumping proceedings. See Frozen Concentrated Orange Juice From 
Brazil; Final Results and Partial Rescission of Antidumping Duty 
Administrative Review, 67 FR 40913, 40914 (June 14, 2002) where, 
pursuant to a request filed after the 90 day deadline, the Department 
rescinded the review. Additionally, 19 CFR 351.213(d)(1) provides that 
the Secretary may extend the time limit for withdrawal requests where 
it is reasonable. Therefore, for the above stated reasons, the 
Department pursuant to 19 CFR 351.213(d)(1), has decided that it is 
reasonable to accept Carus' withdrawal of its request for review.
    Furthermore, with respect to the remaining review request, we have 
determined that it is appropriate to rescind the review of Groupstars 
Chemicals, LLC because this company is a U.S. importer, rather than an 
exporter or producer, of subject merchandise and it failed to identify 
the exporter(s) or producer(s) to be reviewed. See Groupstars 
Chemicals, LLC's January 28, 2003 letter to the Department. Section 
351.213(b) of the Department regulations requires that reviews be 
requested for particular exporters or producers. See 19 CFR 
351.213(b)(1) stating that domestic interested parties may request an 
administrative review of ``specified individual exporters or 
producers''; 19 CFR 351.213(b)(2) stating that an exporter or producer 
may request an ``administrative review of only that person;'' 19 CFR 
351(b)(3) stating that an importer of subject merchandise may request 
an administrative review of only an ``exporter or producer * * * of the 
subject merchandise imported by that importer.'' Moreover, the courts 
have held that the party requesting the review, not the Department, 
bears the burden of naming and selecting the proper party to be 
reviewed. See e.g., Floral Trade Council v. United States, 888 F.2d 
1366, 1369 (Fed. Cir. 1989) (where the Court of Appeals for the Federal 
Circuit held that a request for an administrative review must be for 
review of ``specified individual * * * producers [ ] or exporters''). 
Additionally, in past PRC cases, the Department has rescinded 
administrative reviews when requesting parties failed to identify the 
actual PRC exporter of the subject merchandise in their review 
requests. See Iron Construction Castings from the People's Republic of 
China: Rescission of Antidumping Duty Administrative Review, 68 FR 
33103-01 (June 3, 2003) (in which the Department rescinded the review 
because the company for which the review was requested and initiated 
was not an exporter of subject merchandise, but a producer of subject 
merchandise); see also Certain Cased Pencils From the People's Republic 
of China; Final Results and Partial Rescission of Antidumping Duty 
Administrative Review, 66 FR 1638-02 (January 9, 2001) (in which a 
party requested a review of the producer of subject merchandise, rather 
than the exporter of subject merchandise); see also Laizhou City 
Guangming Pencil-Making Co. Ltd., Et Al., v. United States, No. 02-151, 
Slip Op. 02-151, 01-00047 (Ct. Int'l Trade December 18, 2002). Because 
Groupstars Chemicals, LLC is not a PRC exporter of the subject 
merchandise, and failed to identify any PRC exporter(s) of the subject 
merchandise in its review request, and with Carus' withdrawal of its 
review requests, the Department is rescinding this review with respect 
to Groupstars Chemicals, LLC.
    The Department will issue appropriate assessment instructions to 
the U.S. Bureau of Customs and Border Protection.

Notification to Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or 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 sanctionable 
violation.
    This determination and notice are issued and published in 
accordance with 19 CFR 351.213(d)(4) and, sections 751(a)(2)(c)) and 
777(i)(1) of the Act.

    Dated: October 2, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-25631 Filed 10-8-03; 8:45 am]
BILLING CODE 3510-DS-P