[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5394-5396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01695]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-838]
Carbazole Violet Pigment 23 From India: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Pidilite Industries Limited (Pidilite), a producer/exporter of
carbazole violet pigment 23 (CVP 23) from India, did not sell subject
merchandise at prices below normal value (NV) during the period of
review (POR) December 1, 2017 through November 30, 2018.
DATES: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT: George Ayache, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2623.
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2019, in accordance with 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of an administrative review of the
antidumping duty order on CVP 23 from India.\1\ Commerce exercised its
discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018 through the resumption of
operations on January 29, 2019.\2\ The revised deadline for the
preliminary results in this administrative review was October 3,
2019.\3\ Subsequently, on August 15, 2019, Commerce postponed the
deadline for the preliminary results of this administrative review
until January 31, 2020, in accordance with section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2).\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 9297 (March 14, 2019).
\2\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations for Enforcement and Compliance, ``Deadlines Affected by
the Partial Shutdown of the Federal Government,'' dated January 28,
2019. All deadlines in this segment of the proceeding have been
extended by 40 days.
\3\ See Memorandum to the Record from Irene Darzenta Tzafolias,
Director, Office VIII, Antidumping and Countervailing Duty
Operations, ``December Order Deadlines Affected by the Partial
Shutdown of the Federal Government,'' dated August 7, 2019.
\4\ See Memorandum to James Maeder, Deputy Assistance Secretary
for Antidumping and Countervailing Duty Operations, ``Carbazole
Violet Pigment 23 from India: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August
15, 2019.
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Scope of the Order 5
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\5\ 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) (Order).
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The merchandise covered by the 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] \6\ triphenodioxazine, 8,18-dichloro-
5, 15-diethy-5, 15-dihydro-, and molecular
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formula of C34 H22 Cl2 N4 O2. 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
Order.
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\6\ 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
``Amendment to Petition for Antidumping Investigations of China and
India and a Countervailing Duty Investigation of India on Imports of
Carbazole Violet Pigment 23 in the forms of Crude Pigment, Presscake
and Dry Color Pigment,'' dated December 3, 2003, at 8.
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The merchandise subject to the 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, our written description of the scope
of the Order is dispositive.
Methodology
We are conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\7\ The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov, and
to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic version of the Preliminary Decision Memorandum are identical
in content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an Appendix to this notice.
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\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Carbazole Violet
Pigment 23 from India; 2017-2018,'' dated concurrently with, and
hereby adopted by, this notice.
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Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
weighted-average dumping margin of 0.00 percent exists for Pidilite for
the period December 1, 2017 through November 30, 2018.
Disclosure and Public Comment
We intend to disclose the calculations performed in connection with
these preliminary results to interested parties within five days of the
date of publication of this notice in accordance with 19 CFR
351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\8\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\9\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. Case and rebuttal briefs
should be filed using ACCESS.\10\
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.303.
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All submissions to Commerce must be filed electronically using
ACCESS and must also be served on interested parties.\11\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due.
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\11\ See 19 CFR 351.303(f).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\12\ Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\12\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in any written briefs, not later than 120
days after the date of publication of this notice.\13\
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\13\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess upon issuance of
the final results, antidumping duties on all appropriate entries
covered by this review.\14\
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\14\ See 19 CFR 351.212(b)(1).
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If Pidilite's calculated weighted-average dumping margin is above
de minimis in the final results of this review, we will calculate
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of antidumping duties calculated for the examined
sales to the total entered value of the examined sales to that
importer, and we will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review. If Pidilite's weighted-
average dumping margin continues to be zero or de minimis, or the
importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\15\
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\15\ See 19 CFR 351.106(c)(2).
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In accordance with our ``automatic assessment'' practice, for
entries of subject merchandise during the POR produced by Pidilite for
which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate.\16\
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\16\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all 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) The cash deposit rate
for Pidilite will be the rate established in the final results of this
review, except if the rate is de minimis within the meaning of 19 CFR
351.106(c)(1) (i.e., less than 0.50 percent), in which case the cash
deposit rate will be zero; (2) for merchandise exported by
manufacturers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published for the most
recently-
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completed segment; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recently-completed segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 27.48 percent, the
all-others rate established in the less-than-fair-value
investigation.\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ See Order.
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Notification to Importers
This notice also serves as a preliminary 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 to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: January 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Discussion of the Methodology
IV. Recommendation
[FR Doc. 2020-01695 Filed 1-29-20; 8:45 am]
BILLING CODE 3510-DS-P