[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71773-71774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29361]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-838, C-533-839, and A-570-892]
Carbazole Violet Pigment From India and the People's Republic of
China: Continuation of the Antidumping Duty Orders and Countervailing
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) and the
International Trade Commission (the ITC) have determined that
revocation of the antidumping duty (AD) orders on carbazole violet
pigment (CVP-23) from the People's Republic of China (PRC) and India
would likely lead to continuation or recurrence of dumping and material
injury to an industry in the United States. The Department and the ITC
have also determined that revocation of the countervailing duty (CVD)
order on CVP-23 from India would likely lead to continuation or
recurrence of net countervailable subsidies and material injury to an
industry in the United States. Therefore, the Department is publishing
a notice of continuation for these AD and CVD orders.
DATES: Effective Date: November 17, 2015.
FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar (AD Orders), AD/CVD
Operations, Office VII, or Jacqueline Arrowsmith (CVD Order), AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3857 or (202) 482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2015, the Department initiated \1\ and the ITC
instituted \2\ five-year (sunset reviews) of the AD and CVD orders on
CVP-23 from India and the PRC,\3\ pursuant to section 751(c) of
[[Page 71774]]
the Tariff Act of 1930, as amended (the Act). As a result of its
reviews, the Department determined that revocation of the AD orders
from the PRC and India would likely lead to continuation or recurrence
of dumping and that revocation of the CVD order from India would likely
lead to continuation or recurrence of net countervailable subsidies.
Therefore, the Department notified the ITC of the magnitude of the
margins and the subsidy rates likely to prevail should the orders be
revoked, pursuant to sections 751(c)(1) and 752(b) and (c) of the
Act.\4\
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\1\ See Initiation of Five-Year (``Sunset'') Reviews, 80 FR
17388 (April 1, 2015).
\2\ See Carbazole Violet Pigment 23 From China and India:
Institution of Five-Year Reviews, 80 FR 17493 (April 1, 2015).
\3\ See Antidumping Duty Order: Carbazole Violet Pigment 23 From
the People's Republic of China, 69 FR 77987, (December 29, 2004) and
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), see also Notice of
Countervailing Duty Order: Carbazole Violet Pigment 23 From India,
69 FR 77995, (December 29, 2004).
\4\ See Carbazole Violet Pigment 23 From India and the People's
Republic of China: Final Results of Expedited Second Sunset Reviews
of Antidumping Duty Orders, 80 FR 46955, (August 6, 2015) and
Carbazole Violet Pigment 23 From India: Final Results of Expedited
Second Sunset Review of the Countervailing Duty Order, 80 FR 47462,
(August 7, 2015).
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On November 6, 2015, the ITC published its determination that
revocation of the AD order on CVP-23 from India and the PRC would
likely lead to continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time,
pursuant to section 751(c) of the Act.\5\
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\5\ See Carbazole Violet Pigment 23 From China and India;
Determinations, 80 FR 68878 (November 6, 2015).
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Scope of the Order
The merchandise subject to this countervailing 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] \6\
triphenodioxazine, 8,18-dichloro-5, 15-diethy-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.,
pigments dispersed in oleoresins, flammable solvents, water) are not
included within the scope of the investigation. The merchandise subject
to this countervailing duty order is classifiable under subheading
3204.17.9040 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 this
order is dispositive.
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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
December 4, 2003, amendment to petition at 8.
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During this sunset review period, there was one scope ruling
completed between October 1, 2011, and December 31, 2011.\7\ The scope
ruling was requested by Petitioners. On October 14, 2011, we determined
that finished carbazole violet pigment exported from Japan, made from
crude carbazole violet pigment from India, is within the scope of the
CVD Order.
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\7\ See Notice of Scope Rulings, 77 FR 38767 (June 29, 2012).
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Continuation of the Orders
As a result of the determinations by the Department and the ITC
that revocation of the AD orders would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States and revocation of the CVD order would likely lead to
continuation or recurrence of countervailable subsidies and material
injury to an industry in the United States. Pursuant to section
75l(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby
orders the continuation of the AD orders on CVP-23 from India and the
PRC, and the CVD order on CVP-23 from India. U.S. Customs and Border
Protection will continue to collect AD and CVD cash deposits at the
rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the AD order and CVD
order will be the date of publication in the Federal Register of this
notice of continuation. Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), the Department intends to initiate the next five-
year review of these orders not later than 30 days prior to the fifth
anniversary of the effective date of this continuation notice.
These five-year sunset reviews and this notice are in accordance
with section 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: November 9, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-29361 Filed 11-16-15; 8:45 am]
BILLING CODE 3510-DS-P