[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36630-36632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15638]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-892
Carbazole Violet Pigment 23 from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 29, 2009, the Department of Commerce (the
Department) published the preliminary results of the 2007-2008
administrative review of the antidumping duty order on carbazole violet
pigment 23 (CVP 23) from the People's Republic of China (PRC). See
Carbazole Violet Pigment 23 From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, 74 FR
[[Page 36631]]
68780 (December 29, 2009) (Preliminary Results). This administrative
review covers one exporter of the subject merchandise, Trust Chem Co.,
Ltd. (Trust Chem). We invited interested parties to comment on our
Preliminary Results. Based on our analysis of the comments received, we
have made one change to the margin calculation for Trust Chem. The
final dumping margin for this review is listed below in the section
entitled ``Final Results of Review.''
EFFECTIVE DATE: June 28, 2010.
FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2657 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2009, the Department published the Preliminary
Results of the 2007-2008 administrative review of the antidumping duty
order on CVP 23 from the PRC in the Federal Register. We invited
parties to comment on the Preliminary Results. On January 28, 2010, we
received case briefs from Nation Ford Chemical Company and Sun Chemical
Corporation (collectively, petitioners) and from Trust Chem. On
February 1, 2010, we returned Trust Chem's case brief because it
contained new, unsolicited information submitted after the deadline for
such information. Trust Chem submitted its revised case brief on
February 2, 2010. On February 3, 2010, petitioners filed a rebuttal
brief.
As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the federal
government from February 5 through February 12, 2010. See Memorandum
for the Record from Ronald Lorentzen, DAS for Import Administration,
regarding ``Tolling of Administrative Deadlines As a Result of the
Government Closure During the Recent Snowstorm,'' dated February 12,
2010. Thus, the deadline for issuing the final results of this
administrative review was extended by seven days from April 28, 2010
until May 5, 2010.
On May 4, 2010, we placed new information on the record and invited
parties to submit comments. Finding it was not practicable to complete
this administrative review by May 5, 2010, the Department published in
the Federal Register a notice extending the deadline for the final
results of this administrative review until June 21, 2010. See
Carbazole Violet Pigment 23 from the People's Republic of China:
Extension of Time Limit for the Final Results of Antidumping Duty
Administrative Review, 75 FR 25840 (May 10, 2010). On May 17, 2010,
both petitioners and Trust Chem submitted comments on the new
information placed on the record on May 4, 2010; petitioners filed
rebuttal comments on May 19, 2010.
Analysis of Comments Received
All of the issues raised in the case and rebuttal briefs filed by
parties in this review are addressed in the Memorandum from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Acting Deputy
Assistant Secretary for Import Administration, ``Issues and Decision
Memorandum for the Final Results of the 2007-2008 Administrative Review
of the Antidumping Duty Order on Carbazole Violet Pigment 23 from the
People's Republic of China,'' dated concurrently with this notice
(Issues and Decision Memorandum), which is hereby adopted by this
notice. A list of the issues that parties raised and to which we
responded in the Issues and Decision Memorandum follows as an appendix
to this notice. The Issues and Decision Memorandum is a public document
and is on file in the Central Records Unit (CRU), Main Commerce
Building, Room 1117, and is also accessible 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.
Period of Review
The period of review is December 1, 2007 through November 30, 2008.
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 [lsqb]3,2-b:3',2'-m[rsqb]
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 this order. 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 scope of the order is dispositive.
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\1\ The bracketed section of the product description, [lsqb]3,2-
b:3',2'-m[rsqb], is not business proprietary information, but is
part of the chemical nomenclature.
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Separate Rates
In proceedings involving non-market economy (NME) countries, the
Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
review in an NME country this single rate unless an exporter can
demonstrate that it is sufficiently independent so as to be entitled to
a separate rate.
In the preliminary results, we found that Trust Chem demonstrated
its eligibility for separate rate status. We received no comments from
interested parties regarding Trust Chem's separate rate status. In
these final results of review, we continue to find the evidence placed
on the record by Trust Chem demonstrates an absence of government
control, both in law and in fact, with respect to Trust Chem's exports
of the merchandise under review. Thus, we have determined that Trust
Chem is eligible to receive a separate rate.
Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made one change to the margin calculation for Trust Chem. Specifically,
in calculating the surrogate financial ratios, the Department has
deducted directors' salaries and benefits from direct labor costs and
added these expenses to selling, general and administrative expenses
(SG&A). As a result, the surrogate financial ratios for factory
overhead and SG&A differ from the preliminary results. For more
information, see Memorandum to the File through Robert James, Program
Manager, AD/CVD Operations, Office 7, from Deborah Scott, International
Trade Compliance Analyst, AD/CVD Operations, Office 7, ``2007-2008
Administrative Review of Carbazole Violet Pigment 23 from the People's
Republic of China: Surrogate Values for the Final Results,'' dated June
21, 2010.
[[Page 36632]]
Final Results of Review
We determine that the following weighted-average dumping margin
exists for Trust Chem for the period December 1, 2007 through November
30, 2008:
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
Trust Chem Co., Ltd......................................... 30.72
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Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries pursuant to section 751(a)(1)(B) of the Act and 19 CFR
351.212(b)(1). The Department intends to issue assessment instructions
directly to CBP 15 days after the date of publication of the final
results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) for subject
merchandise exported by Trust Chem, the cash deposit rate will be 30.72
percent, as listed above; (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (3) for all PRC exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
241.32 percent; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter that supplied that
non-PRC exporter. The deposit requirements shall remain in effect until
further notice.
Notification to Importers
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.
Notification Regarding Administrative Protective Orders
This notice also serves as a final reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/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 violation which is subject to sanction.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
We are issuing and publishing the final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 21, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
Appendix I - List of Issues Addressed in the Accompanying Issues and
Decision Memorandum
Comment 1. Basis of the Surrogate Financial Ratios
Comment 2. Inclusion of Directors' Salaries and Benefits in SG&A
Comment 3. Surrogate Values for Raw Material Inputs
Comment 4. Surrogate Value for Nitric Acid
Comment 5. Surrogate Value for Chloranil
Comment 6. Surrogate Value for Benzene Sulfonyl Chloride
[FR Doc. 2010-15638 Filed 6-25-10; 8:45 am]
BILLING CODE 3510-DS-S