[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21888]
[[Page Unknown]]
[Federal Register: September 6, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-001]
Potassium Permanganate From the People's Republic of China;
Termination of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Termination of Antidumping Duty Administrative
Review.
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SUMMARY: On July 7, 1994, the Department of Commerce (the Department)
received a request from Carus Chemical Company (Carus), the petitioner,
that it be permitted to withdraw its request for an administrative
review, pursuant to 19 CFR 353.22(a)(5) (1994), of the antidumping duty
order on potassium permanganate from the People's Republic of China
(PRC) for the period January 1, 1992, through December 31, 1992.
Although the Department received the request to withdraw after the
normal period allowed, the Department is terminating this
administrative review in accordance with 19 CFR 353.22(a)(5).
EFFECTIVE DATE: September 6, 1994.
FOR FURTHER INFORMATION CONTACT: Paul Stolz, Office of Antidumping
Compliance, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230, telephone number (202) 482-4474.
Background
On January 31, 1984, the Department published in the Federal
Register (49 FR 3898) the antidumping duty order on potassium
permanganate from the PRC. After receiving a timely request for review
from Carus, the Department initiated, on March 26, 1993, an
administrative review for the period January 1, 1992, through December
31, 1992 (56 FR 6621). On July 7, 1994, Carus requested that it be
permitted to withdraw its request for review for this period of review.
SUPPLEMENTARY INFORMATION: In accordance with 19 CFR 353.22(a)(5), the
Department may extend the normal 90-day time limit for withdrawal of a
request for review if the Department determines it is reasonable to do
so. We have determined that it is reasonable to extend the time limit
for Carus' request because we have not issued preliminary results of
review for this period and because there is no indication on the record
that the substantive rights of any party would be impaired by such a
decision.
Respondent Zunyi Chemical Factory (Zunyi) has objected to the
termination request on the grounds that (1) the Department should not
ignore the information Zunyi has already placed on the record for this
review, and (2) the request for a 1992 review was a factor in
respondent's decision not to challenge the results of the 1990 review,
published on May 23, 1994 (59 FR 26625).
It is our position that Zunyi should have been aware, in making its
decision with regard to the 1990 review, that the 1992 review was based
solely on the petitioner's request, which could possibly be withdrawn
pursuant to 19 CFR 353.22(a)(5). Furthermore, neither the statute nor
the regulations prohibit the termination of a review in which responses
have been received. Zunyi could have, in either case, guaranteed its
right to continue this review, by making its own request for review at
the proper time. By not making such a request, Zunyi has forfeited its
legal ability to compel the Department to continue a review in which
the only party still requesting review has now withdrawn that request.
Accordingly, it is appropriate to terminate this review.
This notice is published in accordance with section 751 of the
Tariff Act of 1930, as amended (19 U.S.C. 1675) and 19 CFR
353.22(a)(5).
Dated: August 25, 1994.
Roland L. MacDonald,
Acting Deputy Assistant Secretary for Compliance.
[FR Doc. 94-21888 Filed 9-2-94; 8:45 am]
BILLING CODE 3510-DS-M
