[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Notices]
[Pages 50264-50265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20493]


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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; 2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request by Pacific Accelerator Limited 
(``PAL''), the Department of Commerce (the ``Department'') is 
conducting an administrative review of the antidumping duty order on 
potassium permanganate from the People's Republic of China (``PRC'') 
for the period of review (``POR'') January 1, 2013, through December 
31, 2013.\1\ The Department has determined that PAL had no entries of 
subject merchandise during the POR.
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    \1\ See Antidumping Duty Order; Potassium Permanganate from the 
People's Republic of China, 49 FR 3897 (January 31, 1984).

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DATES: Effective Date: August 19, 2015.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0413.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    Imports covered by the order are shipments of potassium 
permanganate, an inorganic chemical produced in free-flowing, 
technical, and pharmaceutical grades. Potassium permanganate is 
currently classifiable under item 2841.61.00 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS item 
number is provided for convenience and customs purposes, the written 
description of the merchandise remains dispositive.

Background

    On February 10, 2015, the Department published the Preliminary 
Results of this administrative review.\2\ On March 12, 2015, PAL 
submitted a case brief.\3\ On March 17, 2015, the petitioner, Carus 
Corporation (``Carus'') submitted a rebuttal brief.\4\ On June 2, 2015, 
we extended the final results to August 10, 2015.\5\
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    \2\ See Potassium Permanganate from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2013, 80 FR 7413 (February 10, 2015) (``Preliminary 
Results'').
    \3\ See PAL's March 12, 2015 submission.
    \4\ See Petitioner's March 17, 2015 submission.
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary, through James Doyle, Office Director, from Paul Walker, 
Case Analyst, ``Potassium Permanganate from the People's Republic of 
China: Extension of Deadline for the Final Results of Antidumping 
Duty Administrative Review,'' dated June 2, 2015.
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Final Determination of No Reviewable Transactions

    As noted in the Preliminary Results, PAL made only one sale of 
subject merchandise on the last day of the POR, which entered the 
United States five months after the end of the review period. On July 
17, 2014, in response to the Department's Section C Supplemental, PAL 
reported having no entries during the POR,\6\ which we

[[Page 50265]]

confirmed with U.S. Customs and Border Protection (CBP).\7\ For these 
final results, because the record contains no evidence to the contrary, 
we continue to find that PAL did not have any entries during the POR.
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    \6\ See PAL's July 17, 2014, submission at 11.
    \7\ See Memorandum to the File, from Alexander Montoro, 
International Trade Compliance Analyst entitled, ``CBP Data Query 
Results,'' dated February 2, 2015.
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    Consistent with the Department's assessment practice in non-market 
economy (``NME'') cases,\8\ where a respondent has no entries during 
the period of review, it is appropriate not to rescind the review in 
part in this circumstance but, rather, to complete the review with 
respect to that respondent and issue appropriate instructions to CBP 
based on the final results of the review.\9\ Therefore, the Department 
finds that it is appropriate not to rescind the review in these 
circumstances, but rather to complete the review with respect to PAL 
and issue appropriate instructions to CBP based on the final results of 
the review.\10\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME 
Reseller Policy'').
    \9\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Final Results and Final Rescission, In Part, of 
Administrative Review and Final Results of New Shipper Review; 2013, 
80 FR 34619 (June 17, 2015).
    \10\ See NME Reseller Policy.
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Analysis of Comments Received

    All issues raised in the case brief and the rebuttal brief filed in 
this review are addressed in the Issues and Decision Memorandum.\11\ 
The issue parties raised and to which we responded in the Issues and 
Decision Memorandum follows as an appendix to this notice. The Issues 
and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS''). 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Issues and Decision Memorandum 
and the electronic version of the Issues and Decision Memorandum are 
identical in content.
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    \11\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, ``Potassium Permanganate from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results,'' dated 
concurrently with this notice (``Issues and Decision Memorandum'').
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Final Results of Review

    Because record evidence indicates that PAL, the only company under 
review, had no reviewable transactions during the POR, and consistent 
with our assessment practice, it is appropriate not to rescind the 
review.\12\ Therefore, for these final results, we have completed the 
review with respect to PAL and continue to find that it had no 
reviewable transactions during the POR. We note that PAL does not have 
an individual rate, or a separate rate, and has never been reviewed in 
any other prior segment. Thus, PAL is considered part of the PRC-wide 
entity, and the PRC-wide entity rate is 128.94 percent.
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    \12\ See NME Reseller Policy.
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Assessment Rates

    Because the single company under review was found to have no 
reviewable transactions, we have not calculated any assessment (or cash 
deposit) rates in this review. The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For previously investigated or 
reviewed PRC and non-PRC exporters that received a separate rate in a 
prior completed segment of this proceeding, the cash deposit rate will 
continue to be the existing exporter-specific rate; (2) for all PRC 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
PRC-wide entity, which is 128.94 percent; \13\ and (3) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter.
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    \13\ See Potassium Permanganate from the People's Republic of 
China; Final Results of Antidumping Duty Administrative Review, 59 
FR 26625 (May 23, 1994).
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a preliminary 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 the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 7, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum:

1. Summary
2. Background
3. Scope of the Order
4. Comment: Finding of No Reviewable Entries
5. Recommendation

[FR Doc. 2015-20493 Filed 8-18-15; 8:45 am]
 BILLING CODE 3510-DS-P