Potassium Permanganate From the People's Republic of China; Termination of Antidumping Duty Administrative Review

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]

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