81 FR 58476 - Potassium Permanganate From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 165 (August 25, 2016)
International Trade Administration
Federal Register Volume 81, Issue 165 (August 25, 2016)
| Page Range | 58476-58477 | |
| FR Document | 2016-20423 |
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)] [Notices] [Pages 58476-58477] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20423] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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''). --------------------------------------------------------------------------- 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: --------------------------------------------------------------------------- \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\ ------------------------------------------------------------------------ PAL.................................................... 2.88 ------------------------------------------------------------------------ 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \7\ See Potassium Permanganate from the People's Republic of China; Final Results of Antidumping Duty Administrative Review, 59 FR 26625 (May 23, 1994). --------------------------------------------------------------------------- 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
![58476 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Notices
Determination,4 we did not list any of The PRC weighted-average corrected to reflect the following
the PRC rates as exporter/producer antidumping duty margins and cash exporter/producer combination rates:
combination rates in the Antidumping deposit rates, as listed in the
Duty Orders.5 Antidumping Duty Orders, should all be
Weighted-
average Cash deposit
Exporter Producer dumping rate
margin (percent)
(percent)
Yieh Phui (China) Technomaterial Co., Ltd ................. Yieh Phui (China) Technomaterial Co., Ltd ................. 209.97 199.43
Jiangyin Zongcheng Steel Co. Ltd ............................... Jiangyin Zongcheng Steel Co. Ltd ............................... 209.97 199.43
Union Steel China ........................................................ Union Steel China ........................................................ 209.97 199.43
PRC-Wide Entity ...................................................................................................................................................... 209.97 199.43
Provisional Measures Dated: August 19, 2016. FOR FURTHER INFORMATION CONTACT: Paul
Paul Piquado, Walker, AD/CVD Operations, Office V,
In the Antidumping Duty Orders, we Assistant Secretary for Enforcement and Enforcement and Compliance,
incorrectly listed the last day of the Compliance. International Trade Administration,
extended period of provisional [FR Doc. 2016–20429 Filed 8–24–16; 8:45 am] U.S. Department of Commerce, 14th
measures as July 2, 2016.6 The correct BILLING CODE 3510–DS–P Street and Constitution Avenue NW.,
last day of the extended period of Washington, DC 20230; telephone
provisional measures is July 1, 2016. 202.482.0413.
Therefore, in accordance with section DEPARTMENT OF COMMERCE
733(d) of the Tariff Act of 1930, as SUPPLEMENTARY INFORMATION:
amended (the Act) and our practice, the International Trade Administration
Background
Department will instruct U.S. Customs [A–570–001]
and Border Protection to terminate the The Department published the
suspension of liquidation and to Potassium Permanganate From the Preliminary Results on February 10,
liquidate, without regard to People’s Republic of China: Final
2015.1 This review covers one
antidumping duties, unliquidated Results of Antidumping Duty
respondent, Pacific Accelerator Limited
entries of certain corrosion-resistant Administrative Review; 2014
(‘‘PAL’’).2 Between July 15–20, 2016,
steel products from India, Italy, Korea, AGENCY: Enforcement and Compliance, PAL and Petitioner submitted case and
and the PRC 7 entered, or withdrawn International Trade Administration, rebuttal briefs.3 On August 3, 2016, the
from warehouse, for consumption on or Department of Commerce. Department held a hearing limited to
after July 2, 2016, the date on which the SUMMARY: The Department of Commerce issues raised in the case and rebuttal
provisional measure period expired, (‘‘the Department’’) is conducting an briefs.
until and through the day preceding the administrative review of the
date of publication of the International antidumping duty order on potassium Scope of the Order
Trade Commission’s final injury permanganate from the People’s
Republic of China (‘‘PRC’’). We gave Imports covered by this order are
determinations in the Federal Register. shipments of potassium permanganate,
interested parties an opportunity to
We are now correcting the comment on the Preliminary Results, an inorganic chemical produced in free-
Antidumping Duty Orders for India, and based upon our analysis of the flowing, technical, and pharmaceutical
Italy, the PRC, Korea, and Taiwan, as comments and information received, we grades. Potassium permanganate is
noted above. made changes to the margin calculation currently classifiable under item
These corrections to the Antidumping for these final results. The final 2841.61.00 of the Harmonized Tariff
Duty Orders for India, Italy, the PRC, dumping margin is listed below in the Schedule of the United States
Korea, and Taiwan are published in ‘‘Final Results of the Administrative (‘‘HTSUS’’). Although the HTSUS item
accordance with sections 777(i)(1) of the Review’’ section of this notice. The number is provided for convenience and
Act. period of review (‘‘POR’’) is January 1, customs purposes, the written
2014, through December 31, 2014. description of the merchandise remains
DATES: Effective August 25, 2016. dispositive.
4 See Certain Corrosion-Resistant Steel Products and (2) the last day of the extended period of Critical Circumstances, in Part, 81 FR 35313 (June
from the People’s Republic of China: Final provisional measures for Taiwan was July 2, 2016. 2, 2016) (Taiwan Final Determination).
Determination of Sales at Less Than Fair Value and These are both incorrect. Because Taiwan had a 1 See Potassium Permanganate from the People’s
Final Affirmative Critical Circumstances negative preliminary determination, the provisional Republic of China: Preliminary Results of
Determination, in Part, 81 FR 35316 (June 2, 2016) measures period did not expire for Taiwan. See
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Antidumping Duty Administrative Review; 2013, 81
(PRC Final Determination). Certain Corrosion-Resistant Steel Products from
5 See Antidumping Duty Orders at 48393.
FR 7751 (February 16, 2016) (‘‘Preliminary
Taiwan: Negative Preliminary Determination of Results’’).
6 See Antidumping Duty Orders, at 48392. Sales at Less Than Fair Value, 81 FR 72 (January 2 See Initiation of Antidumping and
7 In the Antidumping Duty Orders, we 4, 2016). Thus, we began to suspend liquidation of
all entries of certain corrosion-resistant steel Countervailing Duty Administrative Reviews and
inadvertently stated that (1) antidumping duties
will be assessed on unliquidated entries of certain products from Taiwan on June 2, 2016, the date of Request for Revocation in Part, 79 FR 11401
corrosion-resistant steel products from Taiwan publication of Taiwan Final Determination. See (February 28, 2014).
3 See PAL’s July 15, 2016 and July 20, 2016
entered, or withdrawn from warehouse, for Certain Corrosion-Resistant Steel Products from
consumption on or after January 4, 2016, the date Taiwan: Final Determination of Sales at Less Than submissions; Petitioner’s July 15, 2016 and July 20,
of publication of the preliminary determination, Fair Value and Final Affirmative Determination of 2016 submissions.
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![Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Notices 58477
Analysis of Comments Received Assessment Rates PRC exporters of subject merchandise
Pursuant to section 751(a)(2)(A) of the which have not received their own rate,
All issues raised in the case and the cash deposit rate will be the rate
rebuttal briefs by parties in this review Act and 19 CFR 351.212(b), the
Department will determine, and CBP applicable to the PRC exporter that
are addressed in the I&D Memo.4 A list supplied that non-PRC exporter. The
of the issues which parties raised is shall assess, antidumping duties on all
appropriate entries of subject cash deposit requirements, when
attached to this notice as an appendix. imposed, shall remain in effect until
merchandise in accordance with the
The I&D Memo is a public document further notice.
final results of this review. The
and is on file in the Central Records
Department intends to issue appropriate Notification to Importers Regarding the
Unit (‘‘CRU’’), Room B8024 of the main
assessment instructions directly to CBP Reimbursement of Duties
Department of Commerce building, as
15 days after publication of the final
well as electronically via Enforcement This notice also serves as a final
results of this administrative review.
and Compliance’s Antidumping and In accordance with 19 CFR reminder to importers of their
Countervailing Duty Centralized 351.212(b)(1), we are calculating responsibility under 19 CFR 351.402(f)
Electronic Service System (‘‘ACCESS’’). importer- (or customer-) specific to file a certificate regarding the
ACCESS is available to registered users assessment rates for the merchandise reimbursement of antidumping duties
at http://access.trade.gov and to all subject to this review. For assessment prior to liquidation of the relevant
users in the CRU. In addition, a purposes, we calculated a per-unit rate entries during this POR. Failure to
complete version of the I&D Memo can for each importer (or customer) by comply with this requirement could
be accessed directly on the Internet at dividing the total dumping margins for result in the Department’s presumption
http://enforcement.trade.gov/frn/ reviewed sales to that party by the total that reimbursement of antidumping
index.html. The signed I&D Memo and sales quantity associated with those duties occurred and the subsequent
the electronic version are identical in transactions. We will direct CBP to assessment of doubled antidumping
content. assess the resulting per-unit rate against duties.
Changes Since the Preliminary Results the entered quantity of the subject Notification Regarding Administrative
merchandise.6 We will instruct CBP to Protective Order
Based on a review of the record and assess antidumping duties on all
comments received from interested appropriate entries covered by this This notice also serves as a reminder
parties regarding our Preliminary review when the importer- (or customer- to parties subject to administrative
Results, and for the reasons explained in ) specific assessment rate is above de protective order (‘‘APO’’) of their
the I&D Memo, we revised the margin minimis. Where an importer- (or responsibility concerning the return or
calculation for PAL. Specifically, we customer-) specific assessment rate is destruction of proprietary information
made an adjustment to PAL’s U.S. price zero or de minimis, we will instruct CBP disclosed under APO in accordance
for the irrecoverable value-added tax to liquidate the appropriate entries with 19 CFR 351.305, which continues
which was not rebated to PAL’s PRC without regard to antidumping duties. to govern business proprietary
producer upon the export of the subject information in this segment of the
Cash Deposit Requirements proceeding. Timely written notification
merchandise.
The following cash deposit of the return or destruction of APO
Final Results of the Review requirements will be effective upon materials, or conversion to judicial
publication of the final results of this protective order, is hereby requested.
The dumping margins for the final
administrative review for all shipments Failure to comply with the regulations
results of this administrative review are
of the subject merchandise entered, or and terms of an APO is a violation
as follows:
withdrawn from warehouse, for which is subject to sanction.
Weighted-av-
consumption on or after the publication We are issuing and publishing this
erage margin date of the final results, as provided for administrative review and notice in
Exporter by section 751(a)(2)(C) of the Act: (1)
(dollars/kilo- accordance with sections 751(a)(l) and
gram) 5 For the exporter listed above, the cash 777(i) of the Act.
deposit rate will be the rate established
PAL ....................................... 2.88 Dated: August 15, 2016
in the final results of review; (2) for
Paul Piquado,
previously investigated or reviewed PRC
Disclosure and non-PRC exporters not listed above Assistant Secretary for Enforcement and
Compliance.
The Department will disclose that have separate rates, the cash
calculations performed for these final deposit rate will continue to be the Appendix
results to the parties within five days of exporter-specific rate published for the
List of Topics Discussed in the Final
the date of publication of this notice, in most recent period; (3) for all PRC Decision Memorandum
accordance with section 351.224(b) of exporters of subject merchandise that
Summary
the Department’s regulations. have not been found to be entitled to a
Background
separate rate, the cash deposit rate will Scope of the Order
4 See Memorandum to Paul Piquado, Assistant
be that for the PRC-wide entity, which Discussion of the Issues
Secretary for Enforcement and Compliance, from is 128.94 percent; 7 and (4) for all non- Comment I Surrogate Country
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Christian Marsh, Deputy Assistant Secretary for Comment II Surrogate Value for Manganese
Antidumping and Countervailing Duty Operations, 6 See Antidumping Proceedings: Calculation of Ore/Manganese Dioxide
‘‘Potassium Permanganate from the People’s the Weighted-Average Dumping Margin and Comment III Surrogate Financial Ratios
Republic of China: Issues and Decision Assessment Rate in Certain Antidumping Comment IV Treatment of Value Added Tax
Memorandum for the Final Results,’’ dated Proceedings: Final Modification, 77 FR 8101, 8103 Comment V Application of Adverse Facts
concurrently with and hereby adopted by this (February 14, 2012).
notice (‘‘I&D Memo’’). 7 See Potassium Permanganate from the People’s
Available to PAL
5 Consistent with Comment V in the I&D Memo, Republic of China; Final Results of Antidumping
Recommendation
the Department has determined that it will calculate Duty Administrative Review, 59 FR 26625 (May 23, [FR Doc. 2016–20423 Filed 8–24–16; 8:45 am]
per-unit assessment and cash deposit rates. 1994). BILLING CODE 3510–DS–P
VerDate Sep<11>2014 18:54 Aug 24, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\25AUN1.SGM 25AUN1](https://thefederalregister.org/doc/81_FR_58641/page/2.svg)
Document Created: 2016-08-25 00:35:11
Document Modified: 2016-08-25 00:35:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective August 25, 2016. | |
| 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. | |
| FR Citation | 81 FR 58476 |
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