81 FR 89897 - Potassium Permanganate From the People's Republic of China: Preliminary Results of the 2015 Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 239 (December 13, 2016)

The Department of Commerce (the ``Department'') is conducting an administrative review of the antidumping duty (``AD'') order on potassium permanganate from the People's Republic of China (the ``PRC''). The period of review (``POR'') is January 1, 2015 through December 31, 2015. The Department preliminarily determines that Potassium Permanganate from the PRC is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733 of the Tariff Act of 1930, as amended (``the Act''). The estimated weighted-average dumping margin is shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 89897-89899]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29843]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-001]


Potassium Permanganate From the People's Republic of China: 
Preliminary Results of the 2015 Antidumping Duty Administrative Review

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 (``AD'') order on 
potassium permanganate from the People's Republic of China (the 
``PRC''). The period of review (``POR'') is January 1, 2015 through 
December 31, 2015. The Department preliminarily determines that 
Potassium Permanganate from the PRC is being, or is likely to be, sold 
in the United States at less than fair value (``LTFV''), as provided in 
section 733 of the Tariff Act of 1930, as amended (``the Act''). The 
estimated weighted-average dumping margin is shown in the ``Preliminary 
Determination'' section of this notice. Interested parties are invited 
to comment on this preliminary determination.

DATES: Effective December 13, 2016.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone 202-482-6491.

[[Page 89898]]


SUPPLEMENTARY INFORMATION: 

Background

    On March 3, 2016, the Department initiated an administrative review 
of the antidumping order on potassium permanganate from the PRC.\1\ 
Between April and September 2016, the Department sent its initial and 
supplemental questionnaires to Pacific Accelerator Limited (``PAL''), 
to which it responded in a timely manner. On August 25, 2016, the 
Department partially extended the deadline for issuing the preliminary 
results until November 1, 2016.\2\ On October 20, 2016, the Department 
partially extended the deadline for issuing the preliminary results 
until December 1, 2016.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 11179 (March 3, 2016) (``Initiation 
Notice'').
    \2\ See Memorandum to Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Potassium Permanganate from the People's Republic of China: 
Extension of Deadline for Preliminary Results of the Antidumping 
Duty Administrative Review,'' dated August 25, 2016.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Potassium Permanganate from the People's Republic of China: 
Extension of Deadline for Preliminary Results of the Antidumping 
Duty Administrative Review,'' dated October 20, 2016.
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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.

Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the ``Act''). Export prices were calculated in accordance with 
section 772 of the Act. Because the PRC is a non-market economy 
(``NME'') within the meaning of section 771(18) of the Act, NV was 
calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
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 is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

PRC-Wide Entity

    Under the Department's policy, the PRC-wide entity will not be 
under review unless a party specifically requests, or the Department 
self-initiates, a review of the entity. Because no party requested a 
review of the PRC-wide entity in this review, the entity is not under 
review and the entity's rate (i.e., 128.94 percent) is not subject to 
change.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period January 1, 2015, 
through December 31, 2015:

------------------------------------------------------------------------
                                                            Weighted-
                        Exporter                          average margin
                                                         (USD/ kilogram)
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Pacific Accelerator Limited............................           $4.03
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Disclosure, Public Comment and Opportunity To Request a Hearing

    The Department will disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\4\ Rebuttals to case briefs, which must be limited to 
issues raised in the case briefs, must be filed within five days after 
the time limit for filing case briefs.\5\ Parties who submit arguments 
are requested to submit with the argument (a) a statement of the issue, 
(b) a brief summary of the argument, and (c) a table of authorities.\6\ 
Parties submitting briefs should do so pursuant to the Department's 
electronic filing system, ACCESS.
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    \4\ See 19 CFR 351.309(c)(1)(ii).
    \5\ See 19 CFR 351.309(d)(1)-(2).
    \6\ See 19 CFR 351.309(c)(2), (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, at a date and time to be 
determined. See 19 CFR 351.310(d). Parties should confirm by telephone 
the date, time, and location of the hearing two days before the 
scheduled date.
    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\7\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review.
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    \7\ See 19 CFR 351.212(b).
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    For any individually examined respondent whose weighted average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, the Department will calculate importer-specific 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales to the total 
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where 
an importer- (or customer-) specific ad valorem rate is greater than de 
minimis, the Department will instruct CBP to collect the appropriate 
duties at the time of liquidation.\8\ Where either a respondent's 
weighted average dumping margin is zero or de minimis, or an importer- 
(or customer-) specific ad valorem is zero or de minimis, the 
Department will instruct CBP to

[[Page 89899]]

liquidate appropriate entries without regard to antidumping duties.\9\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ See 19 CFR 351.106(c)(2).
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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 
sections 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be that 
established in the final results of this review (except, if the rate is 
zero or de minimis, then zero cash deposit will be required); (2) for 
previously investigated or reviewed PRC and non-PRC exporters not 
listed above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (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; 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. 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.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
    a. Non-Market Economy Country Status
    b. Separate Rates
    c. PRC-Wide Entity
    d. Surrogate Country
    e. Comparisons to Normal Value
    f. Determination of Comparison Method
    g. Results of Differential Pricing Analysis
    h. Date of Sale
    i. Export Price
    j. Value Added Tax
    k. Normal Value
    l. Factor Valuations
    m. Currency Conversion
5. Recommendation

[FR Doc. 2016-29843 Filed 12-12-16; 8:45 am]
 BILLING CODE 3510-DS-P