[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: 94-21889]
[[Page Unknown]]
[Federal Register: September 6, 1994]
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DEPARTMENT OF COMMERCE
[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 Sec. 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, 1991 through December 31, 1991.
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 Sec. 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, N.W., Washington, D.C. 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 timely requests for review
from Carus and Novachem, Inc. (Novachem), an importer, the Department
initiated, on February 24, 1992, an administrative review for the
period January 1, 1991 through December 31, 1991 (56 FR 6621).
Subsequently, on May 8, 1992, Novachem withdrew its request for review.
On July 7, 1994, Carus requested that it be permitted to withdraw its
request for review for this period of review.
SUPPLEMENTARY INFORMATION: According to 19 CFR Sec. 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) and Novachem have
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 1991 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 1991 review was
presently based solely on the petitioner's request, which could
possibly be withdrawn pursuant to section 19 CFR Sec. 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 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. 94-21889 Filed 9-2-94; 8:45 am]
BILLING CODE 3510-DS-M
