[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Notices]
[Pages 58476-58477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20423]


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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; 2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: 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''). We gave 
interested parties an opportunity to comment on the Preliminary 
Results, and based upon our analysis of the comments and information 
received, we made changes to the margin calculation for these final 
results. The final dumping margin is listed below in the ``Final 
Results of the Administrative Review'' section of this notice. The 
period of review (``POR'') is January 1, 2014, through December 31, 
2014.

DATES: Effective August 25, 2016.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone 202.482.0413.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on February 10, 
2015.\1\ This review covers one respondent, Pacific Accelerator Limited 
(``PAL'').\2\ Between July 15-20, 2016, PAL and Petitioner submitted 
case and rebuttal briefs.\3\ On August 3, 2016, the Department held a 
hearing limited to issues raised in the case and rebuttal briefs.
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    \1\ See Potassium Permanganate from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2013, 81 FR 7751 (February 16, 2016) (``Preliminary 
Results'').
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
11401 (February 28, 2014).
    \3\ See PAL's July 15, 2016 and July 20, 2016 submissions; 
Petitioner's July 15, 2016 and July 20, 2016 submissions.
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Scope of the Order

    Imports covered by this 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.

[[Page 58477]]

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the I&D Memo.\4\ A list of the issues 
which parties raised is attached to this notice as an appendix. The I&D 
Memo is a public document and is on file in the Central Records Unit 
(``CRU''), Room B8024 of the main Department of Commerce building, as 
well as 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 
to all users in the CRU. In addition, a complete version of the I&D 
Memo can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the 
electronic version are identical in content.
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    \4\ See Memorandum to Paul Piquado, 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 and hereby adopted by this notice (``I&D Memo'').
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the I&D Memo, we revised the margin calculation 
for PAL. Specifically, we made an adjustment to PAL's U.S. price for 
the irrecoverable value-added tax which was not rebated to PAL's PRC 
producer upon the export of the subject merchandise.

Final Results of the Review

    The dumping margins for the final results of this administrative 
review are as follows:
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    \5\ Consistent with Comment V in the I&D Memo, the Department 
has determined that it will calculate per-unit assessment and cash 
deposit rates.

------------------------------------------------------------------------
                                                            Weighted-
                                                          average margin
                        Exporter                            (dollars/
                                                          kilogram) \5\
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PAL....................................................            2.88
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Disclosure

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with section 351.224(b) of the Department's 
regulations.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    In accordance with 19 CFR 351.212(b)(1), we are calculating 
importer- (or customer-) specific assessment rates for the merchandise 
subject to this review. For assessment purposes, we calculated a per-
unit rate for each importer (or customer) by dividing the total dumping 
margins for reviewed sales to that party by the total sales quantity 
associated with those transactions. We will direct CBP to assess the 
resulting per-unit rate against the entered quantity of the subject 
merchandise.\6\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer- (or 
customer-) specific assessment rate is above de minimis. Where an 
importer- (or customer-) specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
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    \6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results, as provided for by section 751(a)(2)(C) of the Act: (1) 
For the exporter listed above, the cash deposit rate will be the rate 
established in the final results of review; (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) 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; \7\ and (4) 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. The cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \7\ 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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Notification to Importers Regarding the 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 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 doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(l) and 777(i) of the Act.

    Dated: August 15, 2016
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
Comment I Surrogate Country
Comment II Surrogate Value for Manganese Ore/Manganese Dioxide
Comment III Surrogate Financial Ratios
Comment IV Treatment of Value Added Tax
Comment V Application of Adverse Facts Available to PAL
Recommendation
[FR Doc. 2016-20423 Filed 8-24-16; 8:45 am]
 BILLING CODE 3510-DS-P