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)
International Trade Administration
Federal Register Volume 81, Issue 239 (December 13, 2016)
| Page Range | 89897-89899 | |
| FR Document | 2016-29843 |
[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] ----------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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) ------------------------------------------------------------------------ Pacific Accelerator Limited............................ $4.03 ------------------------------------------------------------------------ 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \7\ See 19 CFR 351.212(b). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.212(b)(1). \9\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- 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
![Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices 89897
Intent To Rescind Administrative Assistant Secretary for Enforcement and the Act and 19 CFR 351.213 and
Review, In Part Compliance, U.S. Department of 351.221(b)(4).
On May 16, 2016, the Department Commerce, using Enforcement and Dated: December 5, 2016.
received a timely response indicating Compliance’s ACCESS system.10 Paul Piquado,
that Juancheng Kangtai Chemical Co., Requests should contain the party’s
Assistant Secretary for Enforcement and
Ltd. (‘‘Kangtai’’) made no shipments to name, address, and telephone number, Compliance.
the United States during the POR, as the number of participants, and a list of
the issues to be discussed. If a request Appendix
part of its response to the Department’s
initial CVD questionnaire. Because there for a hearing is made, we will inform List of Topics Discussed in the Preliminary
is no evidence on the record to the parties of the scheduled date for the Decision Memorandum
contrary, pursuant to 19 CFR hearing which will be held at the U.S. I. Summary
351.213(d)(3), we preliminarily intend Department of Commerce, 1401 II. Background
to rescind the review with respect to Constitution Avenue NW., Washington, III. Intent to Partially Rescind Review
Kangtai. A final decision regarding DC 20230, at a time and location to be IV. Scope of the Order
whether to rescind the review of this determined.11 Parties should confirm by V. Application of CVD Law to Imports From
telephone the date, time, and location of the PRC
company will be issued with the final VI. Subsidies Valuation
results of review. the hearing. Issues addressed at the
hearing will be limited to those raised VII. Benchmarks
Preliminary Results of Review in the briefs.12 All briefs and hearing VIII. Use of Facts Otherwise Available and
Adverse Inferences
In accordance with section requests must be filed electronically and IX. Analysis of Programs
703(d)(1)(A)(i) of the Act, we calculated received successfully in their entirety X. Disclosure and Public Comment
an estimated individual countervailable through ACCESS by 5:00 p.m. Eastern XI. Conclusion
subsidy rate for each producer/exporter Time on the due date. [FR Doc. 2016–29844 Filed 12–12–16; 8:45 am]
of the subject merchandise individually Unless the deadline is extended BILLING CODE 3510–DS–P
investigated. We preliminarily pursuant to section 751(a)(3)(A) of the
determine these rates to be: Act, the Department intends to issue the
final results of this administrative DEPARTMENT OF COMMERCE
Company Subsidy review, including the results of our
rate analysis of the issues raised by the International Trade Administration
parties in their comments, within 120 [A–570–001]
Hebei Jiheng Chemical Co., Ltd.
days after publication of these
(‘‘Hebei Jiheng’’) ....................... 20.94
Heze Huayi Chemical Co., Ltd. preliminary results. Potassium Permanganate From the
(‘‘Huayi’’) ................................... 1.04 People’s Republic of China:
Assessment Rates and Cash Deposit
Preliminary Results of the 2015
Requirement
Disclosure and Public Comment Antidumping Duty Administrative
Upon issuance of the final results, the Review
The Department intends to disclose to Department shall determine, and U.S.
parties to this proceeding the AGENCY: Enforcement and Compliance,
Customs and Border Protection (‘‘CBP’’)
calculations performed in reaching the International Trade Administration,
shall assess, countervailing duties on all
preliminary results within five days of Department of Commerce.
appropriate entries covered by this
the publication of these preliminary review. We intend to issue instructions SUMMARY: The Department of Commerce
results.5 The Department also intends to to CBP 15 days after publication of the (the ‘‘Department’’) is conducting an
issue a post-preliminary analysis memo final results of review. administrative review of the
on the Export Buyer’s Credit program, as antidumping duty (‘‘AD’’) order on
Pursuant to section 751(a)(2)(C) of the
discussed in the Preliminary Decision potassium permanganate from the
Act, the Department also intends to
Memorandum. Interested parties may People’s Republic of China (the ‘‘PRC’’).
instruct CBP to collect cash deposits of
submit written comments (case briefs) 6 The period of review (‘‘POR’’) is January
estimated countervailing duties, in the
within 30 days of the issuance of the 1, 2015 through December 31, 2015. The
amounts shown above for each of the
post-preliminary results and rebuttal Department preliminarily determines
respective companies shown above, on
comments (rebuttal briefs) within five that Potassium Permanganate from the
shipments of subject merchandise
days after the time limit for filing case PRC is being, or is likely to be, sold in
entered, or withdrawn from warehouse,
briefs.7 Rebuttal briefs must be limited the United States at less than fair value
for consumption on or after the date of
to issues raised in the case briefs.8 (‘‘LTFV’’), as provided in section 733 of
publication of the final results of this
Parties who submit case or rebuttal the Tariff Act of 1930, as amended (‘‘the
review. For all non-reviewed firms, we
briefs are requested to submit with the Act’’). The estimated weighted-average
will instruct CBP to continue to collect
argument: (1) A statement of the issue; dumping margin is shown in the
cash deposits at the most recent
(2) a brief summary of the argument; ‘‘Preliminary Determination’’ section of
company-specific or all-others rate
and (3) a table of authorities.9 this notice. Interested parties are invited
applicable to the company, as
Interested parties who wish to request to comment on this preliminary
appropriate. These cash deposit
a hearing must do so within 30 days of determination.
requirements, when imposed, shall
publication of these preliminary results DATES: Effective December 13, 2016.
pmangrum on DSK3GDR082PROD with NOTICES
remain in effect until further notice.
by submitting a written request to the FOR FURTHER INFORMATION CONTACT:
These preliminary results of review
5 See
are issued and published in accordance Kenneth Hawkins, AD/CVD Operations,
19 CFR 351.224(b).
6 See with sections 751(a)(1) and 777(i)(1) of Office V, Enforcement and Compliance,
generally 19 CFR 351.303 (for general filing
requirements). International Trade Administration,
7 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 10 See 19 CFR 351.310(c). U.S. Department of Commerce, 1401
8 See 19 CFR 351.309(d)(2). 11 See 19 CFR 351.310. Constitution Avenue NW., Washington,
9 See 19 CFR 351.309(c)(2) and (d)(2). 12 See 19 CFR 351.310(c). DC 20230; telephone 202–482–6491.
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![Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices 89899
liquidate appropriate entries without 4. Discussion of the Methodology Sustainability), the tool reduces
regard to antidumping duties.9 a. Non-Market Economy Country Status complex, science-based technical
b. Separate Rates content (e.g., over 500 material and
Cash Deposit Requirements c. PRC-Wide Entity energy flows from raw material
The following cash deposit d. Surrogate Country
e. Comparisons to Normal Value
extraction through product disposal) to
requirements will be effective upon decision-enabling results and delivers
f. Determination of Comparison Method
publication of the final results of this g. Results of Differential Pricing Analysis them in a visually intuitive graphical
review for shipments of the subject h. Date of Sale format. BEES Please is a voluntary
merchandise from the PRC entered, or i. Export Price program to collect data from product
withdrawn from warehouse, for j. Value Added Tax manufacturers so that the environmental
consumption on or after the publication k. Normal Value performance of their products may be
date, as provided by sections l. Factor Valuations evaluated scientifically using BEES.
751(a)(2)(C) of the Act: (1) For the m. Currency Conversion NIST will publish in BEES Online
companies listed above that have a 5. Recommendation
(http://ws680.nist.gov/bees) an
separate rate, the cash deposit rate will [FR Doc. 2016–29843 Filed 12–12–16; 8:45 am] aggregated version of the data collected
be that established in the final results of BILLING CODE 3510–DS–P from manufacturers that protects data
this review (except, if the rate is zero or confidentiality, subject to
de minimis, then zero cash deposit will manufacturer’s review and approval.
be required); (2) for previously DEPARTMENT OF COMMERCE BEES measures environmental
investigated or reviewed PRC and non- performance using the environmental
PRC exporters not listed above that National Institute of Standards and
Technology life-cycle assessment approach specified
received a separate rate in a prior in the International Organization for
segment of this proceeding, the cash Standardization (ISO) 14040 series of
deposit rate will continue to be the Proposed Information Collection;
Comment Request; Building for standards. All stages in the life of a
existing exporter-specific rate; (3) for all product are analyzed: Raw material
PRC exporters of subject merchandise Environmental and Economic
Sustainability (BEES) Please acquisition, manufacture,
that have not been found to be entitled transportation, installation, use, and
to a separate rate, the cash deposit rate AGENCY: National Institute of Standards recycling and waste management.
will be that for the PRC-wide entity; and and Technology (NIST), Commerce. Economic performance is measured
(4) for all non-PRC exporters of subject ACTION: Notice. using the ASTM International standard
merchandise which have not received
life-cycle cost method (E 917), which
their own rate, the cash deposit rate will SUMMARY: The Department of covers the costs of initial investment,
be the rate applicable to the PRC Commerce, as part of its continuing replacement, operation, maintenance
exporter that supplied that non-PRC effort to reduce paperwork and and repair, and disposal.
exporter. These deposit requirements, respondent burden, invites the general
when imposed, shall remain in effect public and other Federal agencies to II. Method of Collection
until further notice. take this opportunity to comment on Data on materials use, energy
Notification to Importers proposed and/or continuing information consumption, waste, and environmental
collections, as required by the releases will be collected using an
This notice also serves as a Paperwork Reduction Act of 1995.
preliminary reminder to importers of electronic, MS Excel-based
DATES: Written comments must be questionnaire. An electronic, MS Word-
their responsibility under 19 CFR submitted on or before February 13,
351.402(f)(2) to file a certificate based User Manual accompanies the
2017. questionnaire to help in its completion.
regarding the reimbursement of
antidumping duties prior to liquidation ADDRESSES: Direct all written comments III. Data
of the relevant entries during the POR. to Jennifer Jessup, Departmental
Paperwork Clearance Officer, OMB Control Number: 0693–0036.
Failure to comply with this requirement Form Number(s): None.
could result in the Department’s Department of Commerce, Room 6616,
Type of Review: Renewal (of a current
presumption that reimbursement of 14th and Constitution Avenue NW.,
information collection) with changes.
antidumping duties occurred and the Washington, DC 20230 (or via the
Affected Public: Business or other for
subsequent assessment of double Internet at JJessup@doc.gov).
profit organizations.
antidumping duties. FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents:
These preliminary results are issued Requests for additional information or 30.
and published in accordance with copies of the information collection Estimated Time per Response: 62
sections 751(a)(1) and 777(i)(1) of the instrument and instructions should be hours and 30 minutes.
Act. directed to Joshua D. Kneifel, (301) 975– Estimated Total Annual Burden
Dated: December 1, 2016. 6857 or joshua.kneifel@nist.gov. Hours: 1875.
Paul Piquado, SUPPLEMENTARY INFORMATION: Estimated Total Annual Cost to
Assistant Secretary for Enforcement and Public: $0.
I. Abstract
Compliance. IV. Request for Comments
Over the last 23 years, the Engineering
Appendix
pmangrum on DSK3GDR082PROD with NOTICES
Laboratory of the National Institute of Comments are invited on: (a) Whether
List of Topics Discussed in the Preliminary Standards and Technology (NIST) has the proposed collection of information
Decision Memorandum developed and automated an approach is necessary for the proper performance
1. Summary for measuring the life-cycle of the functions of the agency, including
2. Case History environmental and economic whether the information shall have
3. Scope of the Order performance of building products. practical utility; (b) the accuracy of the
Known as BEES (Building for agency’s estimate of the burden
9 See 19 CFR 351.106(c)(2). Environmental and Economic (including hours and cost) of the
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Document Created: 2016-12-13 02:44:19
Document Modified: 2016-12-13 02:44:19
| 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 December 13, 2016. | |
| 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. | |
| FR Citation | 81 FR 89897 |
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