[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