Potassium Permanganate From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014, 58476-58477 [2016-20423]

Download as PDF 58476 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Notices Determination,4 we did not list any of the PRC rates as exporter/producer combination rates in the Antidumping Duty Orders.5 The PRC weighted-average antidumping duty margins and cash deposit rates, as listed in the Antidumping Duty Orders, should all be corrected to reflect the following exporter/producer combination rates: Weightedaverage dumping margin (percent) Cash deposit rate (percent) Exporter Producer Yieh Phui (China) Technomaterial Co., Ltd ................. Jiangyin Zongcheng Steel Co. Ltd ............................... Union Steel China ........................................................ Yieh Phui (China) Technomaterial Co., Ltd ................. Jiangyin Zongcheng Steel Co. Ltd ............................... Union Steel China ........................................................ 209.97 209.97 209.97 199.43 199.43 199.43 PRC-Wide Entity ...................................................................................................................................................... 209.97 199.43 Provisional Measures asabaliauskas on DSK3SPTVN1PROD with NOTICES In the Antidumping Duty Orders, we incorrectly listed the last day of the extended period of provisional measures as July 2, 2016.6 The correct last day of the extended period of provisional measures is July 1, 2016. Therefore, in accordance with section 733(d) of the Tariff Act of 1930, as amended (the Act) and our practice, the Department will instruct U.S. Customs and Border Protection to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of certain corrosion-resistant steel products from India, Italy, Korea, and the PRC 7 entered, or withdrawn from warehouse, for consumption on or after July 2, 2016, the date on which the provisional measure period expired, until and through the day preceding the date of publication of the International Trade Commission’s final injury determinations in the Federal Register. We are now correcting the Antidumping Duty Orders for India, Italy, the PRC, Korea, and Taiwan, as noted above. These corrections to the Antidumping Duty Orders for India, Italy, the PRC, Korea, and Taiwan are published in accordance with sections 777(i)(1) of the Act. 4 See Certain Corrosion-Resistant Steel Products from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Critical Circumstances Determination, in Part, 81 FR 35316 (June 2, 2016) (PRC Final Determination). 5 See Antidumping Duty Orders at 48393. 6 See Antidumping Duty Orders, at 48392. 7 In the Antidumping Duty Orders, we inadvertently stated that (1) antidumping duties will be assessed on unliquidated entries of certain corrosion-resistant steel products from Taiwan entered, or withdrawn from warehouse, for consumption on or after January 4, 2016, the date of publication of the preliminary determination, VerDate Sep<11>2014 18:54 Aug 24, 2016 Jkt 238001 Dated: August 19, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–20429 Filed 8–24–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Potassium Permanganate From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2014 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. AGENCY: and (2) the last day of the extended period of provisional measures for Taiwan was July 2, 2016. These are both incorrect. Because Taiwan had a negative preliminary determination, the provisional measures period did not expire for Taiwan. See Certain Corrosion-Resistant Steel Products from Taiwan: Negative Preliminary Determination of Sales at Less Than Fair Value, 81 FR 72 (January 4, 2016). Thus, we began to suspend liquidation of all entries of certain corrosion-resistant steel products from Taiwan on June 2, 2016, the date of publication of Taiwan Final Determination. See Certain Corrosion-Resistant Steel Products from Taiwan: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Frm 00009 SUPPLEMENTARY INFORMATION: Background [A–570–001] PO 00000 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. FOR FURTHER INFORMATION CONTACT: Fmt 4703 Sfmt 4703 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. Scope of the Order Imports covered by this 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. Critical Circumstances, in Part, 81 FR 35313 (June 2, 2016) (Taiwan Final Determination). 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. E:\FR\FM\25AUN1.SGM 25AUN1 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Notices 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. 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: Exporter Weighted-average margin (dollars/kilogram) 5 PAL ....................................... 2.88 Disclosure asabaliauskas on DSK3SPTVN1PROD with NOTICES 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. 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’’). 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. VerDate Sep<11>2014 18:54 Aug 24, 2016 Jkt 238001 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. 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 non6 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). 7 See Potassium Permanganate from the People’s Republic of China; Final Results of Antidumping Duty Administrative Review, 59 FR 26625 (May 23, 1994). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 58477 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. 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 E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

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


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-001]


Potassium Permanganate From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2014

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

DATES: Effective August 25, 2016.

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

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on February 10, 
2015.\1\ This review covers one respondent, Pacific Accelerator Limited 
(``PAL'').\2\ Between July 15-20, 2016, PAL and Petitioner submitted 
case and rebuttal briefs.\3\ On August 3, 2016, the Department held a 
hearing limited to issues raised in the case and rebuttal briefs.
---------------------------------------------------------------------------

    \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