[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Notices]
[Pages 55003-55004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22744]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-892]
Carbazole Violet Pigment 23 From the People's Republic of China:
Preliminary Intent To Rescind Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by Toyo Ink Mfg. America, LLC and
Toyo Ink Mfg. Co., Ltd. (collectively, Toyo), the Department of
Commerce (the Department) is conducting an administrative review of the
antidumping duty order on carbazole violet pigment 23 (CVP 23) from the
People's Republic of China (PRC). This administrative review covers
only Toyo. The period of review (POR) is December 1, 2009, through
November 30, 2010.
Toyo subsequently provided a certification of no sales. As the
Department's review of U.S. Customs and Border Protection (CBP) import
data confirms that there were no reviewable entries of the subject
merchandise during the POR, we preliminarily determine that Toyo did
not have reviewable entries during the POR. Therefore, because there
are no entries on which to assess duties, the Department preliminarily
determines to rescind this review. Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: September 6, 2011.
FOR FURTHER INFORMATION CONTACT: Mark Flessner 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-
6312 or (202) 482-0469, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2004, the Department published the antidumping duty
order on CVP 23 from the PRC. See Antidumping Duty Order: Carbazole
Violet Pigment 23 From the People's Republic of China, 69 FR 77987
(December 29, 2004) (the Order). On December 1, 2010, the Department
published a notice of opportunity to request an administrative review
of the Order. See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative Review,
75 FR 74682 (December 1, 2010). On January 3, 2011, the Department
received a timely request for administrative review from Toyo. Toyo
referenced the formal scope inquiry regarding CVP 23 which the
Department was conducting at the time, stating that it would withdraw
its request if the Department were to find in the scope proceeding that
crude CVP 23 from the PRC finished in Japan did not fall within the
scope of the Order. See letter from Mark E. Pardo to the Secretary of
Commerce entitled ``Request for Administrative Review: Carbazole Violet
23 Pigment from the People's Republic of China (POR: 12/1/2009-11/30/
2010)'' dated January 3, 2011. See also memorandum from Deborah Scott
to the file entitled, ``Memorandum Placing the Preliminary Affirmative
Scope Ruling on Carbazole Violet Pigment 23 from The People's Republic
of China and India on the Record,'' dated August 9, 2011.
On January 28, 2011, the Department initiated an administrative
review of the Order. See Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 76 FR 5137 (January 28, 2011).
Also on January 28, 2011, the Department requested that Toyo
demonstrate that CBP had suspended at least one Toyo entry of CVP 23
finished in Japan from crude CVP 23 made in the PRC. See the
Department's letter to Toyo, dated January 28, 2011.
On February 7, 2011, Toyo responded that some of its POR entries of
CVP 23 remained unliquidated, but not necessarily suspended, under 19
U.S.C. 1404(a) and (b). In addition, Toyo maintained that these entries
would not be affected by the Department's scope inquiry. Toyo also
argued that, pursuant to 19 CFR 351.225(l), antidumping duties cannot
be assessed on its entries unless suspension of liquidation has already
been ordered on those entries. See letter from Toyo to the Secretary of
Commerce entitled ``Administrative Review of the Antidumping Order on
Carbazole Violet 23 Pigment from the People's Republic of China;
Response of Toyo Ink Mfg. Co., Ltd. To Questionnaire of January 28,
2011'' dated February 7, 2011.
The Department conducted a CBP data query which confirmed that
there were no reviewable entries of the subject merchandise during the
period covered by this administrative review.
On March 24, 2011, Toyo timely submitted a notice of no sales.\1\
See letter from Toyo to the Secretary of Commerce entitled
``Administrative Review of the Antidumping Order on Carbazole Violet 23
Pigment from the People's Republic of China; Toyo Ink Mfg. Co., Ltd.''
dated March 24, 2011.
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\1\ Toyo clarified that, by its claim of ``no sales,'' it
claimed to have made no subject sales.
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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 [3,2-b:3',2'-m]
triphenodioxazine, 8,18-dichloro-5, 15-diethy-5,15-dihydro-, and
molecular formula of C 34 H 22 C l2 N 4 O 2.\2\ 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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\2\ The brackets do not indicate ``business proprietary
information'' but rather are part of the chemical formula.
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Preliminary Intent To Rescind the Administrative Review
Under 19 CFR 351.213(d)(3), ``{t{time} he Secretary may rescind an
administrative review, in whole or only with respect to a particular
exporter or producer, if the Secretary concludes that, during the
period covered by the review, there were no entries, exports, or sales
of the subject merchandise, as the case may be.'' See 19 CFR
351.213(d)(3).
On March 24, 2011, after having first reported unliquidated (but
not necessarily suspended) entries during the POR, Toyo timely claimed
that it made no sales of subject merchandise during the POR. See letter
from Toyo to the Secretary of Commerce entitled
[[Page 55004]]
``Administrative Review of the Antidumping Order on Carbazole Violet 23
Pigment from the People's Republic of China; Toyo Ink Mfg. Co., Ltd.''
dated March 24, 2011; see also letter from Toyo to the Secretary of
Commerce entitled ``Administrative Review of the Antidumping Order on
Carbazole Violet 23 Pigment from the People's Republic of China;
Response of Toyo Ink Mfg. Co., Ltd. To Questionnaire of January 28,
2011'' dated February 7, 2011.
The Department's CBP data query confirmed, and we preliminarily
conclude, that there were no reviewable entries of the subject
merchandise during the period covered by this administrative review. We
received no other requests for review of the Order for this POR.
Therefore, in accordance with 19 CFR 351.213(d)(3), we preliminarily
determine to rescind this review.
Comments
Interested parties are invited to comment on these preliminary
results and may submit case briefs and/or written comments within 30
days of the date of publication of this notice, unless otherwise
notified by the Department. See 19 CFR 351.309(c)(ii). Rebuttal briefs,
limited to issues raised in the case briefs, will be due five days
later, pursuant to 19 CFR 351.309(d). Parties who submit case or
rebuttal briefs in these proceedings are requested to submit with each
argument: (1) A statement of the issue; and (2) a brief summary of the
argument. Parties are requested to provide a summary of the arguments
not to exceed five pages and a table of statutes, regulations, and
cases cited. Additionally, parties are requested to provide their case
and rebuttal briefs in electronic format (preferably in Microsoft
Word).
Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration within 30 days of the date of
publication of this notice. 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. See 19 CFR 351.310(c). Issues
raised in the hearing will be limited to those raised in case and
rebuttal briefs. The Department will issue the final results of this
administrative review, including the results of its analysis of issues
raised in any such written briefs, not later than 120 days after these
preliminary results are issued, unless the final results are extended.
See 19 CFR 351.213(h).
Notification to Importers
This notice 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.
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of
1930, as amended, and 19 CFR 351.213(h) and 351.221(b)(4).
Dated: August 29, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-22744 Filed 9-2-11; 8:45 am]
BILLING CODE 3510-DS-P