[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Notices]
[Pages 57205-57207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26069]
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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; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on carbazole violet
pigment 23 (CVP 23) from India. The period of review (POR) is December
1, 2015, through November 30, 2016. The review covers one producer/
exporter of the subject merchandise, Pidilite Industries Limited
(Pidilite). The Department preliminarily finds that subject merchandise
has been sold in the United States at prices below normal value (NV)
during the POR.
DATES: Applicable December 4, 2017.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or George Ayache, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration,
[[Page 57206]]
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone (202) 482-6905 or (202) 482-2623, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the Order \1\ 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-diethy-5, 15-dihydro-, and molecular 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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\1\ 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) (the Order).
\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
``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
The Department is conducting this review in accordance with section
751(a)(1)(B) and (a)(2) of the Tariff Act of 1930, as amended (the
Act). For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\3\ A list of the
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice. 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 Department of 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.
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\3\ See Memorandum from James Maeder, Senior Director performing
the duties of Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Gary Taverman, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance, ``Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review:
Carbazole Violet Pigment 23 from India; 2015-2016'' (Preliminary
Decision Memorandum) dated concurrently with, and hereby adopted by,
this notice.
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Adverse Facts Available
Because mandatory respondent Pidilite has failed to provide
requested information, and has failed to cooperate by not acting to the
best of its ability to comply with a request for information from the
Department in this review, we preliminarily determine to apply facts
otherwise available with an adverse inference (AFA) to this respondent,
in accordance with sections 776(a) and (b) of the Act and 19 CFR
351.308. For further discussion, see the Preliminary Decision
Memorandum.
Adjustment for Export Subsidies
For Pidilite, in the original investigation, we subtracted the
portion of the countervailing duty rate attributable to export
subsidies (17.02 percent) from the final dumping margin of 66.59
percent in order to calculate the cash-deposit rate of 49.57
percent.\4\ Since the publication of the Antidumping Duty Order we have
not conducted an administrative review of the countervailing duty order
on CVP 23 from India.\5\ Therefore, the portion of the countervailing
duty rate attributable to export subsidies currently in effect for
Pidilite is 17.02 percent. Further, imports from Pidilite during the
review period were subject to countervailing duties to offset export
subsidies of 17.02 percent or more. Because the AFA rate we selected
for this review is the margin we calculated for Pidilite in the
investigation, we have adjusted the dumping margin to ensure that, in
accordance with section 772(c)(1)(C) of the Act, we do not collect
duties attributable to export subsidies twice.
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\4\ See Antidumping Duty Order.
\5\ See Carbazole Violet Pigment 23 from India: Rescission of
Countervailing Duty Administrative Review; 2015, 82 FR 42648
(September 11, 2017).
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Preliminary Results of the Review
We preliminarily determine that, for the period of December 1,
2015, through November 30, 2016, the following weighted-average dumping
margin exists:
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Weighted- Rate adjusted
average for export
Exporter/producer dumping margin subsidies
(percent) (percent)
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Pidilite Industries Limited........... 66.59 49.57
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Disclosure and Public Comment
Normally, the Department discloses to interested parties the
calculations performed in connection with the preliminary results
within five days of the date of publication of the notice of
preliminary results in the Federal Register, in accordance with 19 CFR
351.224(b). However, there are no calculations to disclose in
connection with these presliminary results because, in accordance with
section 776 of the Act, the Department preliminarily applied AFA to
Pidilite, the only company that is subject to this review, and the
Department has preliminarily determined as the AFA rate a dumping
margin applied in a prior segment of this proceeding.
Interested parties may submit case briefs to the Department no
later than 30 days after the date of publication of this notice.\6\
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.\7\ 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
[[Page 57207]]
table of authorities. Case and rebuttal briefs should be filed using
ACCESS.\8\
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\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5 p.m. Eastern Standard Time within 30
days after the date of publication of this notice. Requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; (3) whether any participant is a foreign
national; and (4) a list of issues parties intend to discuss. 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, the
Department 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.\9\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\9\ See 19 CFR 351.310(c).
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The Department 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, unless the deadline is extended.\10\
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\10\ 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, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\11\ The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\12\ We will instruct CBP to assess antidumping duties
at the adjusted rate of 49.57 percent if CBP has collected the
appropriate countervailing duties on the same entry. We will instruct
CBP to assess antidumping duties at the unadjusted rate of 66.59
percent if the appropriate countervailing duties are not collected by
CBP.
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\11\ See 19 CFR 351.212(b).
\12\ See section 751(a)(2)(C) of the Act.
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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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, 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; (2) for
previously reviewed or investigated companies not participating in this
review, the cash deposit rate will continue to be the company-specific
rate published for the most recently-completed segment of this
proceeding in which the company was reviewed; (3) if the exporter is
not a firm covered in this review, a prior review, or the less-than-
fair value (LTFV) investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recently-
completed segment of this proceeding for the manufacturer of subject
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 LTFV investigation.\13\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\13\ See Antidumping Duty Order.
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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 POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
The preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: November 27, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of the
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Affiliation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Conclusion
[FR Doc. 2017-26069 Filed 12-1-17; 8:45 am]
BILLING CODE 3510-DS-P