[Federal Register: October 9, 2003 (Volume 68, Number 196)]
[Notices]
[Page 58306-58307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc03-38]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-001]
Potassium Permanganate From the People's Republic of China:
Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of rescission of the antidumping duty administrative
review of potassium permanganate from the People's Republic of China.
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SUMMARY: In response to requests from the petitioner, Carus Chemical
Company (Carus), and a U.S. importer, Groupstars Chemicals, LLC, the
Department of Commerce (the Department) initiated an administrative
review of the antidumping duty order on potassium permanganate from the
People's Republic of China (PRC) covering the period January 1, 2002
through December 31, 2002. Because Carus withdrew its review request,
and Groupstars Chemicals, LLC's review request does not identify the
PRC exporter to be reviewed, the Department is rescinding this
administrative review.
EFFECTIVE DATE: October 9, 2003.
FOR FURTHER INFORMATION CONTACT: John Conniff or Drew Jackson, AD/CVD
Enforcement, Office 4, Group II, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1009 and (202) 482-4406, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 31, 1984, the Department published in the Federal
Register (49 FR 3897) the antidumping duty order on potassium
permanganate from the PRC (the order). On January 2, 2003, the
Department issued a notice of ``Opportunity to Request Administrative
Review'' of the order on a number of products including potassium
permanganate from the PRC. See Antidumping or Countervailing Duty
Order, Finding, or Suspended Investigation; Opportunity to Request
Administrative Review, 68 FR 80. On January 28, 2003, Groupstars
Chemicals, LLC requested that the Department conduct an administrative
review of the order. On January 31, 2003, Carus requested an
administrative review of Groupstars Chemicals Co., Ltd.-Shandong,
Groupstars Chemical Co., Ltd.-Yunan (a joint venture owned by
Groupstars Chemicals, LLC and the Yunan Jianshui County Chemical
Industry Factory (JCC)), JCC and the Jianshui Chemical Plant (also
translated as Jianshui Chemical Factory and Jianshui General Chemical
Plant).
On February 27, 2003, and March 25, 2003, the Department published
in the Federal Register notices initiating administrative reviews of
the requested companies. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 68 FR 9048 and Initiation
of Antidumping and Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 68 FR 14394 (this notice includes
companies inadvertently omitted from the February 27, 2003, initiation
notice).
On March 17, 2003, the Department issued its antidumping
questionnaire to the respondents. Groupstars Chemicals Co., Ltd. (which
includes both the Shandong and Yunan operations) (Groupstars) responded
to the Department's questionnaire on April 21, 2003 and May 8, 2003. On
May 29, 2003, Groupstars submitted a letter to the Department on behalf
of JCC (also referred to as Jianshui County Chemical Industry Factory)
stating that JCC and the Jianshui General Chemical Plant are the same
company, and this company did not have any sales to the United States
during the POR. The Department issued a supplemental questionnaire to
Groupstars on May 15, 2003. In Groupstars' June 10, 2003, response to
the supplemental questionnaire, it stated that Groupstars Chemical Co.,
Ltd.-Yunan did not have any sales of the subject merchandise to the
United States during the POR. See Groupstars' June 10, 2003,
supplemental response at 6.
In a letter dated September 11, 2003, Groupstars notified the
Department that it will no longer participate in the administrative
review. On September 16, 2003, Carus withdrew its request for an
administrative review and urged the Department to immediately rescind
the administrative review.
The Department is conducting this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Rescission of Review
On January 28, 2003, Groupstars Chemicals, LLC submitted a letter
to the Department in which it requested ``an antidumping administrative
review in the above-referenced matter {potassium permanganate from the
People's Republic of China;{time} for the review period covering
January 1, 2002 to December 31, 2002.'' On January 31,
[[Page 58307]]
2003, Carus requested an administrative review of Groupstars Chemicals
Co., Ltd.-Shandong, Groupstars Chemical Co., Ltd.-Yunan, JCC and the
Jianshui Chemical Plant. Based on these requests, the Department
initiated an administrative review of Groupstars Chemicals, LLC,
Groupstars Chemicals Co., Ltd.-Shandong, Groupstars Chemical Co., Ltd.-
Yunnan, JCC and the Jianshui Chemical Plant.
The Department is rescinding its review of the companies named in
Carus' request for review because Carus has withdrawn its request. See
Carus' September 16, 2003 letter to the Department. Pursuant to 19 CFR
351.213(d)(1), the Department will rescind an administrative review, in
whole or in part, if a party that requested a review withdraws the
request within 90 days of the date of publication of the notice of
initiation of the requested review. Although Carus withdrew its request
after the 90-day period, there were no other requests to review any of
the companies for which Carus requested a review, and the review for
these companies had not yet progressed beyond a point where it would
have been unreasonable to allow Carus to withdraw its request for a
review. This action is consistent with the approach taken in past
antidumping proceedings. See Frozen Concentrated Orange Juice From
Brazil; Final Results and Partial Rescission of Antidumping Duty
Administrative Review, 67 FR 40913, 40914 (June 14, 2002) where,
pursuant to a request filed after the 90 day deadline, the Department
rescinded the review. Additionally, 19 CFR 351.213(d)(1) provides that
the Secretary may extend the time limit for withdrawal requests where
it is reasonable. Therefore, for the above stated reasons, the
Department pursuant to 19 CFR 351.213(d)(1), has decided that it is
reasonable to accept Carus' withdrawal of its request for review.
Furthermore, with respect to the remaining review request, we have
determined that it is appropriate to rescind the review of Groupstars
Chemicals, LLC because this company is a U.S. importer, rather than an
exporter or producer, of subject merchandise and it failed to identify
the exporter(s) or producer(s) to be reviewed. See Groupstars
Chemicals, LLC's January 28, 2003 letter to the Department. Section
351.213(b) of the Department regulations requires that reviews be
requested for particular exporters or producers. See 19 CFR
351.213(b)(1) stating that domestic interested parties may request an
administrative review of ``specified individual exporters or
producers''; 19 CFR 351.213(b)(2) stating that an exporter or producer
may request an ``administrative review of only that person;'' 19 CFR
351(b)(3) stating that an importer of subject merchandise may request
an administrative review of only an ``exporter or producer * * * of the
subject merchandise imported by that importer.'' Moreover, the courts
have held that the party requesting the review, not the Department,
bears the burden of naming and selecting the proper party to be
reviewed. See e.g., Floral Trade Council v. United States, 888 F.2d
1366, 1369 (Fed. Cir. 1989) (where the Court of Appeals for the Federal
Circuit held that a request for an administrative review must be for
review of ``specified individual * * * producers [ ] or exporters'').
Additionally, in past PRC cases, the Department has rescinded
administrative reviews when requesting parties failed to identify the
actual PRC exporter of the subject merchandise in their review
requests. See Iron Construction Castings from the People's Republic of
China: Rescission of Antidumping Duty Administrative Review, 68 FR
33103-01 (June 3, 2003) (in which the Department rescinded the review
because the company for which the review was requested and initiated
was not an exporter of subject merchandise, but a producer of subject
merchandise); see also Certain Cased Pencils From the People's Republic
of China; Final Results and Partial Rescission of Antidumping Duty
Administrative Review, 66 FR 1638-02 (January 9, 2001) (in which a
party requested a review of the producer of subject merchandise, rather
than the exporter of subject merchandise); see also Laizhou City
Guangming Pencil-Making Co. Ltd., Et Al., v. United States, No. 02-151,
Slip Op. 02-151, 01-00047 (Ct. Int'l Trade December 18, 2002). Because
Groupstars Chemicals, LLC is not a PRC exporter of the subject
merchandise, and failed to identify any PRC exporter(s) of the subject
merchandise in its review request, and with Carus' withdrawal of its
review requests, the Department is rescinding this review with respect
to Groupstars Chemicals, LLC.
The Department will issue appropriate assessment instructions to
the U.S. Bureau of Customs and Border Protection.
Notification to Interested Parties
This notice serves as a final 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 this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
This determination and notice are issued and published in
accordance with 19 CFR 351.213(d)(4) and, sections 751(a)(2)(c)) and
777(i)(1) of the Act.
Dated: October 2, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-25631 Filed 10-8-03; 8:45 am]