[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Pages 52930-52931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21577]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-838]
Carbazole Violet Pigment 23 From India: Preliminary Results of
Antidumping Duty Changed-Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216 and 351.221(c)(3), the Department
of Commerce (the Department) is conducting a changed-circumstances
review of the antidumping duty order on carbazole violet pigment 23
from India to determine whether Meghmani Pigments (Meghmani) is the
successor-in-interest to Alpanil Industries (Alpanil) for determining
antidumping duty liability. Because Meghmani did not respond to the
Department's questionnaire, we have preliminarily determined that the
use of facts available is appropriate to find that Meghmani is the
successor-in-interest to Alpanil. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: August 30, 2010.
FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Richard Rimlinger,
AD/CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0180 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2009, the Department was notified by Alpanil that,
on April 9, 2009, Alpanil's name was officially changed to Meghmani
Pigments. In addition to a brief narrative explaining that there was no
change in company ownership, management, production, office or factory
location, employees, customers, or suppliers, a copy of ``Form G'' from
the Gujurat State Registar of Firms was attached to demonstrate a
record of all corporate changes for Alpanil/Meghmani since the
incorporation of Alpanil in 1992. This attachment indicates that
Alpanil's name change to Meghmani was recorded on April 9, 2009.
On March 9, 2010, in accordance with section 751(b) of the Act, 19
CFR 351.216, and 19 CFR 351.221(c)(3), we published in the Federal
Register a notice of initiation of an antidumping duty changed-
circumstances review. See Carbazole Violet Pigment 23 from India:
Initiation of Antidumping Duty Changed-Circumstances Review, 75 FR
10759 (March 9, 2010) (Initiation). In this notice we indicated that we
would conduct the changed-circumstances review in the context of the
administrative review of the order covering the period December 1,
2008, through November 30, 2009.
On April 5, 2010, Meghmani withdrew its request for a review of its
sales of merchandise subject to the antidumping duty order for the
2008/09 period in a timely manner. Therefore, in accordance with 19 CFR
351.213(d)(1), we rescinded the 2008/09 review with respect to CVP 23
from India produced and/or exported by Meghmani. See Carbazole Violet
Pigment 23 from India: Rescission of Administrative Review, 75 FR 25209
(May 7, 2010). In the notice we indicated that, in accordance with 19
CFR 351.216(e), we intend to ``issue final results of the changed-
circumstances review within 270 days after the date on which we
initiated the changed-circumstances review.'' See 75 FR at 25210.
On June 3, 2010, we sent a questionnaire to Meghmani requesting
further information on the nature of the name change and whether
additional changes had occurred. Although we granted Meghmani an
extension of the deadline to respond, Meghmani did not respond to our
questionnaire. Instead, on July 6, 2010, Meghmani notified the
Department that it will not participate in the changed-circumstances
review. Meghmani did not provide any reasons for its decision to
withdraw its participation from the changed-circumstances review.
Since the initiation of the review, no other interested party has
submitted comments.
Scope of the Order
The merchandise subject to the 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] \1\
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 order is
classifiable under subheading 3204.17.90.40 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, [3,2-
b:3',2'-m], is not business-proprietary information. In this case,
the brackets are simply part of the chemical nomenclature.
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Use of Adverse Facts Available
For the reason discussed below, we determine that the use of
adverse facts available is appropriate for the preliminary results of
the changed-circumstances review with respect to Meghmani.
A. Use of Facts Available
Section 776(a)(2) of the Act provides that, if an interested party
withholds information requested by the administering authority, fails
to provide such information by the deadlines for submission of the
information and in the form or manner requested, significantly impedes
a proceeding under this title, or provides such information but the
information cannot be verified as provided in section 782(i)
[[Page 52931]]
of the Act, the Department shall use facts otherwise available in
reaching the applicable determination.
Because Meghmani did not respond to our June 3, 2010,
questionnaire, pursuant to sections 776(a)(2)(A) and (B) of the Act, we
must rely entirely on facts available.
B. Application of Adverse Inferences for Facts Available
In selecting among the facts otherwise available, section 776(b) of
the Act provides that, if the Department finds that an interested party
has failed to cooperate by not acting to the best of its ability to
comply with a request for information, the Department may use an
inference adverse to the interests of that party. In addition, the
Statement of Administrative Action accompanying the Uruguay Round
Agreements Act, H.R. Rep. 103-316, Vol. 1, 103d Cong. (1994), reprinted
in 1994 U.S.C.C.A.N. 4040 (SAA), establishes that the Department may
employ an adverse inference ``to ensure that the party does not obtain
a more favorable result by failing to cooperate than if it had
cooperated fully.'' See SAA at 870. The SAA also instructs the
Department to consider, in employing adverse inferences, ``the extent
to which a party may benefit from its own lack of cooperation.'' Id.
Moreover, ``affirmative evidence of bad faith on the part of a
respondent is not required before the Department may make an adverse
inference.'' See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27340 (May 19, 1997).
We find that, by failing completely to respond to our questionnaire
in the changed-circumstances review concerning its name change,
Meghmani withheld requested information and thus failed to cooperate to
the best of its ability and, therefore, we may use an inference that is
adverse to the interests of Meghmani.
C. Selection of Information Used as Facts Available
Where the Department applies an adverse inference because a
respondent failed to cooperate by not acting to the best of its ability
to comply with a request for information, section 776(b) of the Act
authorizes the Department to rely on information derived from the
petition, a final determination, a previous administrative review, or
other information placed on the record. See also 19 CFR 351.308(c) and
the SAA at 870.
Because we are making an adverse inference with regard to Meghmani
based on the most recent information at our disposal, we preliminarily
find that Meghmani is the successor-in-interest to Alpanil. In making
the adverse inference, we have relied on the information placed on the
record by Meghmani to determine that Meghmani is the successor-in-
interest to Alpanil. See section 776(b) of the Act.\2\ If we were to
find that Meghmani is not the successor-in-interest to Alpanil, that
would ensure that Meghmani would ``obtain a more favorable result by
failing to cooperate'' because the all-others rate of 27.48 percent for
the antidumping duty order would apply to Meghmani which is
significantly lower than Alpanil's current rate of 58.90 percent.
Accordingly, we preliminarily determine that Meghmani is the successor-
in-interest to Alpanil and will assign to Meghmani the same treatment
as Alpanil with respect to the antidumping duty proceeding.
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\2\ Because the information upon which we are relying was
obtained in the course of the review and is not secondary
information, corrobation of this information is not necessary. See
section 776(c) of the Act.
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Public Comment
Case briefs from interested parties may be submitted not later than
15 days after the date of publication of this notice of preliminary
results of changed-circumstances review. See 19 CFR 351.309(c)(1)(ii).
Rebuttal briefs from interested parties, limited to the issues raised
in the case briefs, may be submitted not later than five days after the
time limit for filing the case briefs or comments. Parties who submit
case briefs or rebuttal briefs in this proceeding are requested to
submit with each argument a statement of the issue, a summary of the
arguments not exceeding five pages, and a table of statutes,
regulations, and cases cited.
Interested parties who wish to request a hearing or to participate
in a hearing if a hearing is requested must submit a written request to
the Assistant Secretary for Import Administration within 15 days of the
date of publication of this notice. See 19 CFR 351.310(c). Such
requests should contain the following information: (1) The party's
name, address, and telephone number; (2) the number of participants;
(3) a list of issues to be discussed. Issues raised in the hearing will
be limited to those discussed in the case briefs. If requested, any
hearing will be held two days after the scheduled date for submission
of rebuttal briefs.
The Department will publish in the Federal Register a notice of the
final results of this changed-circumstances review, including the
results of its analysis of issues raised in any written briefs or at
the hearing if requested.
As indicated in the Initiation, during the course of this changed-
circumstances review we will not change any cash-deposit requirements
on entries of merchandise subject to the antidumping duty order unless
a change is determined to be warranted pursuant to the final results of
this changed-circumstances review.
We are issuing and publishing these preliminary results and notice
in accordance with sections 751(b) and 777(i)(1) of the Act and 19 CFR
351.216.
Dated: August 23, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-21577 Filed 8-27-10; 8:45 am]
BILLING CODE 3510-DS-P