[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Notices]
[Pages 33243-33244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14109]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-839]
Carbazole Violet Pigment 23 From India: Final Results of
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 7, 2008, the Department of Commerce published in
the Federal Register its preliminary results of administrative review
of the countervailing duty order on carbazole violet pigment 23 from
India for the period January 1, 2007, through December 31, 2007. See
Carbazole Violet Pigment 23 from India: Preliminary Results of
Countervailing Duty Administrative Review, 75 FR 977 (January 7, 2010)
(Preliminary Results).
Following the Preliminary Results, we provided interested parties
with an opportunity to comment on the Preliminary Results. Our analysis
of the comments submitted and information received after the
Preliminary Results did not lead to any changes in the net
countervailable subsidy rate. Therefore, the final results do not
differ from the Preliminary Results. The final net countervailable
subsidy rate for Alpanil Industries, Ltd. (Alpanil) is listed below in
the section entitled ``Final Results of Review.''
DATES: Effective Date: June 11, 2010.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office
6, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-2371.
SUPPLEMENTARY INFORMATION:
[[Page 33244]]
Background
Since the publication of the Preliminary Results, the following
events have occurred. The Department issued a supplemental
questionnaire to Alpanil on March 10, 2010, and Alpanil filed its
response on March 22, 2010. The Department issued a letter to the
Government of India (GOI), seeking clarification on the Export Oriented
Unit Program, on February 1, 2010, and the GOI responded on February
12, 2010. In response to Alpanil's December 11, 2009 submission to the
Department regarding Alpanil's claimed name change to Meghmani
Pigments, the Department issued a memorandum on April 20, 2010,
determining that it would not examine the matter in this segment of the
proceeding, but would consider it in the next appropriate segment of
the proceeding. See Memorandum to File from Myrna Lobo, International
Trade Compliance Analyst, AD/CVD Operations, Office 6: Administrative
Review of the Countervailing Duty Order on Carbazole Violet Pigment 23
from India--Alpanil Industries, Ltd. Name Change to Meghmani Pigments
(April 20, 2010). On the same day, the Department set a briefing
schedule and informed all interested parties of the same. On May 4,
2010, Alpanil filed comments on the Preliminary Results. We did not
receive comments from any other parties; neither did we receive a
request for a hearing.
On May 12, 2010, the Department extended the deadline for the final
results from May 14, 2010 to June 8, 2010. See Carbazole Violet Pigment
23 from India: Extension of Time Limit for Final Results of
Countervailing Duty Administrative Review, 75 FR 26716 (May 12, 2010).
Scope of the Order
The merchandise covered by this order is Carbazole Violet Pigment
23 identified as Color Index No. 51319 and Chemical Abstract No. 6358-
30-1, with the chemical name of diindolo [3,2-b:3',2'-m]
triphenodioxazine, 8,18-dichloro-5,15-diethy-5,15-dihydro, and
molecular formula of
C34H22Cl2N4O2.\1\
The subject merchandise includes the crude pigment in any form (e.g.,
dry powder, paste, wet cake) and finished pigment in the form of
presscake and dry color. Pigment dispersions in any form (e.g.,
pigments dispersed in oleoresins, flammable solvents, water) are not
included within the scope of the review. The merchandise subject to
this order is classifiable under subheading 3204.17.9040 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS subheading is provided for convenience and customs purposes, the
written description of the merchandise covered by the order is
dispositive.
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\1\ The bracketed section of the product description, [3,2-
b:3',2'-m], is not business proprietary information; the brackets
are part of the chemical nomenclature.
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Period of Review
The period for which we are measuring subsidies, i.e., the period
of review (``POR''), is January 1, 2007 through December 31, 2007.
Analysis of Comments Received
All issues raised in Alpanil's case brief are addressed in the
``Issues and Decision Memorandum for the Final Results of the
Countervailing Duty Administrative Review of Carbazole Violet Pigment
23 (CVP-23) from India, from John M. Anderson, Acting Deputy Assistant
Secretary to Ronald K. Lorentzen, Deputy Assistant Secretary for Import
Administration'' (June 8, 2010) (Issues and Decision Memorandum), dated
concurrently with this notice and which is hereby adopted by this
notice. The Issues and Decision Memorandum also contains a complete
analysis of the programs covered by this review, and the methodologies
used to calculate the subsidy rates. A list of the comments raised in
the case brief, and addressed in the Issues and Decision Memorandum, is
appended to this notice. The Issues and Decision Memorandum is a public
document on file in the Central Records Unit, Room 1117 of the main
Department building, and can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Final Results of Review
In accordance with section 751(a)(1)(A) of the Tariff Act of 1930,
as amended (Act) and 19 CFR 351.221(b)(5), we calculated an individual
ad valorem subsidy rate for Alpanil, the only producer/exporter subject
to review for the calendar year 2007, set forth below:
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Net countervailable subsidy
Manufacturer/ exporter rate
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Alpanil Industries, Ltd................... 7.79% Ad Valorem.
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Assessment and Cash Deposit Instructions
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the date of
publication of these final results of review to liquidate shipments of
subject merchandise by Alpanil entered, or withdrawn from warehouse,
for consumption on or after January 1, 2007 through December 31, 2007.
We will also instruct CBP to collect cash deposits of estimated
countervailing duties, at the above rate, on shipments of the subject
merchandise by Alpanil entered, or withdrawn from warehouse, for
consumption on or after the date of publication of these final results
of review. The cash deposit rates for all companies not covered by this
review are not changed by the results of this review.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 7, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I--List of Issues Addressed in the Issues and Decision
Memorandum
Comment 1: Whether Pre-Shipment Loans Provided a Benefit to Subject
Merchandise
Comment 2: Whether Certain Shortfall Amounts Were Incorrectly
Included in the DEPBS Benefit Calculation
[FR Doc. 2010-14109 Filed 6-10-10; 8:45 am]
BILLING CODE 3510-DS-P