[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Pages 38076-38077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16091]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-838]


Carbazole Violet Pigment 23 from India: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 22, 2009, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on carbazole violet pigment 23 (CVP 23) from India. The 
review covers exports of this merchandise to the United States by 
Alpanil Industries (Alpanil) for the period December 1, 2007, through 
November 30, 2008. We gave interested parties an opportunity to comment 
on the preliminary results. Based on our analysis of the comments 
received from interested parties, we have modified the margin 
calculation. The final weighted-average margin is listed below in the 
Final Results of Review section of this notice.

DATES: Effective Date: July 1, 2010.

FOR FURTHER INFORMATION CONTACT: Jerrold Freeman at (202) 482-0180 or 
Richard Rimlinger at (202) 482-4477, AD/CVD Operations, Office 5, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On December 22, 2009, the Department of Commerce (the Department) 
published the preliminary results of review on CVP 23 from India and 
invited interested parties to comment. See Carbazole Violet Pigment 23 
from India: Preliminary Results of Antidumping Duty Administrative 
Review, 74 FR 68038 (December 22, 2009). On January 21, 2010, Alpanil, 
the sole respondent, filed a case brief in which the company raised two 
issues. On January 26, 2010, the petitioners \1\ filed a rebuttal 
brief. We did not receive a request for a hearing.
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    \1\ Nation Ford Chemical Company and Sun Chemical Corporation.
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    The period of review is December 1, 2007, through November 30, 
2008. We have conducted this review in accordance with section 751(a) 
of the Tariff Act of 1930 (the Act).

Scope of the Order

    The merchandise subject to the antidumping duty order is CVP 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] \2\ 
triphenodioxazine, 8,18-dichloro-5, 15-diethyl-5, 15-dihydro-, and 
molecular formula of 
C34H22Cl2N4O2. 
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., pigment 
dispersed in oleoresins, flammable solvents, water) are not included 
within the scope of the order. The merchandise subject to the 
antidumping duty order is classifiable under subheading 3204.17.90.40 
of the Harmonized Tariff Schedule of the United States (HTSUS). 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of the order is 
dispositive.
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    \2\ The bracketed section of the product description, [3,2-
b:3',2'-m], is not business-proprietary information. In this case, 
the brackets are simply part of the chemical nomenclature. See 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Carbazole Violet Pigment 23 From 
India, 69 FR 77988 (December 29, 2004) (Antidumping Duty Order).
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Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs by interested 
parties to this review are addressed in the Issues and Decision 
Memorandum (Decision Memo) from Acting Deputy Assistant Secretary John 
M. Andersen to Acting Deputy Assistant Secretary Paul Piquado dated 
concurrently with this notice, which is hereby adopted by this notice. 
A list of the issues which parties have raised and to which we have 
responded in the Decision Memo is attached to this notice as an 
Appendix. The Decision Memo, which is a public document, is on file in 
the Central Records Unit, main Department of

[[Page 38077]]

Commerce building, Room 1117, and is accessible on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Decision Memo are identical in content.

Changes Since the Preliminary Results

    As a result of our analysis of the comments, we have adjusted U.S. 
price by the export-subsidy countervailing-duty rate of 7.79 percent in 
accordance with section 772(c)(1)(C) of the Act. For more information, 
see the Decision Memo at Comment 1.

Final Results of Review

    As a result of our review, we determine that a margin of 58.90 
percent exists for Alpanil for the period December 1, 2007, through 
November 30, 2008.

Assessment Rates

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries of merchandise produced and/or 
exported by Alpanil. In accordance with 19 CFR 351.212(b)(1), we will 
issue importer-specific assessment instructions for entries of subject 
merchandise during the period of review.
    We divided the total dumping margins for each importer by the total 
number of units Alpanil sold to that importer. We will direct CBP to 
assess the resulting per-unit dollar amount against each unit of 
merchandise on each of that importer's entries during the period of 
review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the period of review produced by Alpanil for which 
it did not know its merchandise was destined for the United States. In 
such instances, we will instruct CBP to liquidate any unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of these final results of 
review.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of CVP 23 entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results, as 
provided by section 751(a)(1) and (a)(2)(C) of the Act: (1) The cash-
deposit rate for Alpanil will be 58.90 percent; (2) if the exporter is 
not a firm covered in this review, a previous review, or the less-than-
fair-value investigation but the manufacturer is, the cash-deposit rate 
will be the rate established for the most recent period for the 
manufacturer of the merchandise; (3) if neither the exporter nor the 
manufacturer has its own rate, the cash-deposit rate will be 27.48 
percent, the all-others rate published in the Antidumping Duty Order, 
69 FR at 77989. These 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) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this period of review. Failure to comply with 
this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3).

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely 
written notification of the destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    We are publishing these final results of administrative review and 
notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 25, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.

Appendix

    1. Countervailing-Duty Offset.
    2. Model-Match Methodology.
[FR Doc. 2010-16091 Filed 6-30-10; 8:45 am]
BILLING CODE 3510-DS-P