Potassium Permanganate From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013, 7413-7415 [2015-02724]
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Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices
Estimated Number of Respondents:
200,000.
Estimated Time per Response: 35
minutes.
Estimated Total Annual Burden
Hours: 116,667.
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Mandatory.
Legal Authority: Title 13 U.S.C.
Sections 8(b), 131, 193, and 224.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: February 5, 2015
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
The proposed subzone (14.45 acres) is
located at 107 Scott Drive, Leominster,
Massachusetts. A notification of
proposed production activity has been
submitted and will be published
separately for public comment.
In accordance with the FTZ Board’s
regulations, Kathleen Boyce of the FTZ
Staff is designated examiner to review
the application and make
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is March
23, 2015. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
April 6, 2015.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact
Kathleen Boyce at Kathleen.Boyce@
trade.gov or (202) 482–1346.
Dated: February 4, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–02736 Filed 2–9–15; 8:45 am]
BILLING CODE 3510–DS–P
[FR Doc. 2015–02734 Filed 2–9–15; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
DEPARTMENT OF COMMERCE
[A–570–001]
Foreign-Trade Zones Board
[B–6–2015]
rljohnson on DSK3VPTVN1PROD with NOTICES
Foreign-Trade Zone 27; Boston,
Massachusetts; Application for
Subzone Spectro Coating Corporation
d/b/a Claremont Flock, LLC;
Leominster, Massachusetts
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Massachusetts Port Authority,
grantee of FTZ 27, requesting subzone
status for the facility of Spectro Coating
Corporation d/b/a Claremont Flock,
LLC, located in Leominster,
Massachusetts. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the FTZ Board (15 CFR
part 400). It was formally docketed on
February 3, 2015.
VerDate Sep<11>2014
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Potassium Permanganate From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by
Pacific Accelerator Limited (‘‘PAL’’), the
Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty (‘‘AD’’) 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. The
Department has preliminarily
determined that PAL had no reviewable
entries of subject merchandise during
the POR.
AGENCY:
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DATES:
7413
Effective Date: February 10,
2015.
FOR FURTHER INFORMATION CONTACT:
Alexander Montoro, 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) 482–0238.
SUPPLEMENTARY INFORMATION:
Scope of the Order
Imports covered by the order are
shipments of potassium permanganate,
an inorganic chemical produced in freeflowing, 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 28, 2014, based on a
timely request for review by PAL 1, the
Department initiated an administrative
review of the antidumping order on
potassium permanganate from the PRC.2
On March 20, 2014, the Department
issued Section A, C, and D
questionnaires to PAL.3 On April 24,
May 16, and May 23, 2014, we received
Section A, C and D questionnaire
responses from PAL, respectively. On
July 10, 2014, the Department issued a
supplemental questionnaire asking PAL
to confirm whether it had any entries of
subject merchandise during the POR.4
On September 5, 2014, we extended the
preliminary results to December 3,
2014.5 On November 18, 2014, we fully
1 See letter from Pacific Accelerator Limited
entitled, ‘‘Request for Administrative Review of the
Antidumping Duty Order on Potassium
Permanganate from the People’s Republic of
China,’’ dated January 30, 2014.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 79 FR 11401
(February 28, 2014).
3 See the Department’s letter to Pacific
Accelerator Limited entitled, ‘‘Antidumping Duty
Administrative Review of Potassium Permanganate
from the People’s Republic of China:
Questionnaire,’’ dated March 20, 2014
(‘‘Questionnaire’’).
4 See the Department’s letter to Pacific
Accelerator Limited entitled, ‘‘Antidumping Duty
Administrative Review of Potassium Permanganate
from the People’s Republic of China: Supplemental
Section C Questionnaire,’’ dated July 10, 2014
(‘‘Section C Supplemental’’).
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary, through James Doyle, Office
Director, from Alexander Montoro, International
Trade Compliance Analyst, ‘‘Potassium
Permanganate from the People’s Republic of China;
E:\FR\FM\10FEN1.SGM
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10FEN1
7414
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices
extended the preliminary results to
February 2, 2015.6
CBP based on the final results of the
review.13
Preliminary Determination of No
Reviewable Entries
Methodology
rljohnson on DSK3VPTVN1PROD with NOTICES
PAL’s Section C response indicated
that PAL made only one sale on the last
day of 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, but stated that
the review should proceed because it
made a sale during the POR.7 Carus
Corporation (‘‘Petitioner’’) submitted
comments on July 24, 2014, in response
to PAL’s supplemental, and stated that
the review should be rescinded since
there are no reviewable entries during
the POR.8 On July, 28, 2014, PAL
submitted comments in response to
Petitioner’s July 24, 2014, submission.9
Petitioner submitted additional
comments in response to PAL on July
31, 2014.10 PAL submitted a final set of
comments on August 6, 2014.11
On August 5, 2014, we asked U.S.
Customs and Border Protection (‘‘CBP’’)
to conduct a query on potential
shipments of subject merchandise made
by PAL during the POR, in accordance
with our practice. On August 13, 2014,
we received the requested CBP data
query information, which confirmed
that PAL had no entries of the subject
merchandise during the POR.12
After reviewing PAL’s submission and
the CBP data, which confirms that PAL
had no entries during the POR, we
preliminarily determine that PAL did
not have any reviewable entries during
the POR. The Department finds that
consistent with its practice in nonmarket economy antidumping duty
cases, it is appropriate not to rescind the
review in part in this circumstance but,
rather, to complete the review with
respect to the above named companies
and issue appropriate instructions to
Extension of Deadline for Preliminary Results of the
2013 Antidumping Duty Administrative Review,’’
dated September 5, 2014.
6 See Memorandum to Christian Marsh, Deputy
Assistant Secretary, through James Doyle, Office
Director, from Alexander Montoro, International
Trade Compliance Analyst, ‘‘Potassium
Permanganate from the People’s Republic of China;
Second Extension of Deadline for Preliminary
Results of the 2013 Antidumping Duty
Administrative Review,’’ dated November 18, 2014.
7 See PAL’s July 17, 2014, submission at 11.
8 See Petitioner’s July 24, 2014, submission at 1.
9 See PAL’s July 28, 2014, submission.
10 See Petitioner’s July 31, 2014, submission.
11 See PAL’s August 6, 2014, submission.
12 See Memorandum to the File, from Alexander
Montoro, International Trade Compliance Analyst
entitled, ‘‘CBP Data Query Results,’’ dated
concurrently with this notice.
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15:20 Feb 09, 2015
Jkt 235001
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’). For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.14
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached to this notice in Appendix I.
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’’).15 ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period January 1, 2013, through
December 31, 2013:
13 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘NME Reseller
Policy’’).
14 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
entitled ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review: Potassium Permanganate from the People’s
Republic of China,’’ dated concurrently with this
notice (‘‘Preliminary Decision Memorandum’’).
15 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
PO 00000
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Exporter
Weighted
average
dumping
margin
Pacific Accelerator Limited ...
(*)
* No reviewable entries in this review. The
firm does not have an individual rate or a separate rate and has never been reviewed in
any other prior segment. Thus, the firm is considered part of the PRC-wide entity, which
does have a rate from a prior segment of the
proceeding.
Public Comment and Opportunity to
Request a Hearing
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review.16 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.17 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.18 Parties submitting briefs
should do so pursuant to the
Department’s electronic filing
requirements.
Any interested party may request a
hearing within 30 days of publication of
this notice.19 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.20
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, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.21 The Department intends to
issue assessment instructions to CBP 15
16 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1)–(2).
18 See 19 CFR 351.309(c)(2) and (d)(2).
19 See 19 CFR 351.310(c).
20 See 19 CFR 351.310(d).
21 See 19 CFR 351.212(b).
17 See
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Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices
rljohnson on DSK3VPTVN1PROD with NOTICES
days after the publication date of the
final results of this review. 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 and the total entered
value of sales, in accordance with 19
CFR 351.212(b)(1). We will instruct CBP
to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The Department recently announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales data submitted
by companies individually examined
during the administrative review, the
Department will instruct CBP to
liquidate such entries at the rate for the
PRC-wide entity. Additionally, if the
Department determines that an exporter
had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s cash
deposit rate) will be liquidated at the
rate for the PRC-wide entity.22
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future cash
deposits of estimated duties, where
applicable.
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
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
22 For a full discussion of this practice, see NME
Reseller Policy.
VerDate Sep<11>2014
15:20 Feb 09, 2015
Jkt 235001
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; 23 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.
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 preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: February 2, 2015.
Paul Piquado,
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. Preliminary Finding of No Reviewable
Entries
5. Recommendation
[FR Doc. 2015–02724 Filed 2–9–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Quarterly Update to Annual Listing of
Foreign Government Subsidies on
Articles of Cheese Subject to an InQuota Rate of Duty
Enforcement and Compliance,
International Trade Administration
Department of Commerce.
AGENCY:
23 See Potassium Permanganate From the
People’s Republic of China; Final Results of
PO 00000
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DATES:
7415
Effective Date: February 10,
2015.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Ave. NW.,
Washington, DC 20230, telephone: (202)
482–3692.
SUPPLEMENTARY INFORMATION: Section
702 of the Trade Agreements Act of
1979 (as amended) (the Act) requires the
Department of Commerce (the
Department) to determine, in
consultation with the Secretary of
Agriculture, whether any foreign
government is providing a subsidy with
respect to any article of cheese subject
to an in-quota rate of duty, as defined
in section 702(h) of the Act, and to
publish quarterly updates to the type
and amount of those subsidies. We
hereby provide the Department’s
quarterly update of subsidies on articles
of cheese that were imported during the
periods July 1, 2014 through September
30, 2014.
The Department has developed, in
consultation with the Secretary of
Agriculture, information on subsidies,
as defined in section 702(h) of the Act,
being provided either directly or
indirectly by foreign governments on
articles of cheese subject to an in-quota
rate of duty. The appendix to this notice
lists the country, the subsidy program or
programs, and the gross and net
amounts of each subsidy for which
information is currently available. The
Department will incorporate additional
programs which are found to constitute
subsidies, and additional information
on the subsidy programs listed, as the
information is developed.
The Department encourages any
person having information on foreign
government subsidy programs which
benefit articles of cheese subject to an
in-quota rate of duty to submit such
information in writing to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Ave. NW., Washington, DC 20230.
This determination and notice are in
accordance with section 702(a) of the
Act.
Dated: February 3, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Antidumping Duty Administrative Review, 59 FR
26625 (May 23, 1994).
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]]>Agencies
[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Notices]
[Pages 7413-7415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02724]
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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 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 (``Department'') is conducting an
administrative review of the antidumping duty (``AD'') 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. The Department has preliminarily determined that PAL had no
reviewable entries of subject merchandise during the POR.
DATES: Effective Date: February 10, 2015.
FOR FURTHER INFORMATION CONTACT: Alexander Montoro, 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) 482-0238.
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 28, 2014, based on a timely request for review by PAL
\1\, the Department initiated an administrative review of the
antidumping order on potassium permanganate from the PRC.\2\ On March
20, 2014, the Department issued Section A, C, and D questionnaires to
PAL.\3\ On April 24, May 16, and May 23, 2014, we received Section A, C
and D questionnaire responses from PAL, respectively. On July 10, 2014,
the Department issued a supplemental questionnaire asking PAL to
confirm whether it had any entries of subject merchandise during the
POR.\4\ On September 5, 2014, we extended the preliminary results to
December 3, 2014.\5\ On November 18, 2014, we fully
[[Page 7414]]
extended the preliminary results to February 2, 2015.\6\
---------------------------------------------------------------------------
\1\ See letter from Pacific Accelerator Limited entitled,
``Request for Administrative Review of the Antidumping Duty Order on
Potassium Permanganate from the People's Republic of China,'' dated
January 30, 2014.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
11401 (February 28, 2014).
\3\ See the Department's letter to Pacific Accelerator Limited
entitled, ``Antidumping Duty Administrative Review of Potassium
Permanganate from the People's Republic of China: Questionnaire,''
dated March 20, 2014 (``Questionnaire'').
\4\ See the Department's letter to Pacific Accelerator Limited
entitled, ``Antidumping Duty Administrative Review of Potassium
Permanganate from the People's Republic of China: Supplemental
Section C Questionnaire,'' dated July 10, 2014 (``Section C
Supplemental'').
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, through James Doyle, Office Director, from Alexander
Montoro, International Trade Compliance Analyst, ``Potassium
Permanganate from the People's Republic of China; Extension of
Deadline for Preliminary Results of the 2013 Antidumping Duty
Administrative Review,'' dated September 5, 2014.
\6\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, through James Doyle, Office Director, from Alexander
Montoro, International Trade Compliance Analyst, ``Potassium
Permanganate from the People's Republic of China; Second Extension
of Deadline for Preliminary Results of the 2013 Antidumping Duty
Administrative Review,'' dated November 18, 2014.
---------------------------------------------------------------------------
Preliminary Determination of No Reviewable Entries
PAL's Section C response indicated that PAL made only one sale on
the last day of 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, but stated that the review should proceed because it
made a sale during the POR.\7\ Carus Corporation (``Petitioner'')
submitted comments on July 24, 2014, in response to PAL's supplemental,
and stated that the review should be rescinded since there are no
reviewable entries during the POR.\8\ On July, 28, 2014, PAL submitted
comments in response to Petitioner's July 24, 2014, submission.\9\
Petitioner submitted additional comments in response to PAL on July 31,
2014.\10\ PAL submitted a final set of comments on August 6, 2014.\11\
---------------------------------------------------------------------------
\7\ See PAL's July 17, 2014, submission at 11.
\8\ See Petitioner's July 24, 2014, submission at 1.
\9\ See PAL's July 28, 2014, submission.
\10\ See Petitioner's July 31, 2014, submission.
\11\ See PAL's August 6, 2014, submission.
---------------------------------------------------------------------------
On August 5, 2014, we asked U.S. Customs and Border Protection
(``CBP'') to conduct a query on potential shipments of subject
merchandise made by PAL during the POR, in accordance with our
practice. On August 13, 2014, we received the requested CBP data query
information, which confirmed that PAL had no entries of the subject
merchandise during the POR.\12\
---------------------------------------------------------------------------
\12\ See Memorandum to the File, from Alexander Montoro,
International Trade Compliance Analyst entitled, ``CBP Data Query
Results,'' dated concurrently with this notice.
---------------------------------------------------------------------------
After reviewing PAL's submission and the CBP data, which confirms
that PAL had no entries during the POR, we preliminarily determine that
PAL did not have any reviewable entries during the POR. The Department
finds that consistent with its practice in non-market economy
antidumping duty cases, it is appropriate not to rescind the review in
part in this circumstance but, rather, to complete the review with
respect to the above named companies and issue appropriate instructions
to CBP based on the final results of the review.\13\
---------------------------------------------------------------------------
\13\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME
Reseller Policy'').
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.\14\ A list of the topics discussed in
the Preliminary Decision Memorandum is attached to this notice in
Appendix I. 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'').\15\ ACCESS is available to registered users at
https://iaaccess.trade.gov, and is available to all parties in the
Central Records Unit, Room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\14\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Potassium Permanganate from
the People's Republic of China,'' dated concurrently with this
notice (``Preliminary Decision Memorandum'').
\15\ On November 24, 2014, Enforcement and Compliance changed
the name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period January 1, 2013,
through December 31, 2013:
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Weighted
Exporter average
dumping margin
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Pacific Accelerator Limited............................ (*)
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* No reviewable entries in this review. The firm does not have an
individual rate or a separate rate and has never been reviewed in any
other prior segment. Thus, the firm is considered part of the PRC-wide
entity, which does have a rate from a prior segment of the proceeding.
Public Comment and Opportunity to Request a Hearing
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review.\16\
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.\17\ 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.\18\ Parties
submitting briefs should do so pursuant to the Department's electronic
filing requirements.
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\16\ See 19 CFR 351.309(c)(1)(ii).
\17\ See 19 CFR 351.309(d)(1)-(2).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\19\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\20\
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\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310(d).
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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, unless extended,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\21\ The Department intends to issue assessment
instructions to CBP 15
[[Page 7415]]
days after the publication date of the final results of this review.
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 and the total entered
value of sales, in accordance with 19 CFR 351.212(b)(1). We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is above de minimis.
Where either the respondent's weighted-average dumping margin is zero
or de minimis, or an importer-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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\21\ See 19 CFR 351.212(b).
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The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales data submitted by
companies individually examined during the administrative review, the
Department will instruct CBP to liquidate such entries at the rate for
the PRC-wide entity. Additionally, if the Department determines that an
exporter had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's cash deposit rate) will be liquidated at the rate for the
PRC-wide entity.\22\
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\22\ For a full discussion of this practice, see NME Reseller
Policy.
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future cash deposits of
estimated duties, where applicable.
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 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; \23\ 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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\23\ 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 preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: February 2, 2015.
Paul Piquado,
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. Preliminary Finding of No Reviewable Entries
5. Recommendation
[FR Doc. 2015-02724 Filed 2-9-15; 8:45 am]
BILLING CODE 3510-DS-P
