83 FR 15788 - Carbazole Violet Pigment 23 from India: Final Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 71 (April 12, 2018)
International Trade Administration
Federal Register Volume 83, Issue 71 (April 12, 2018)
| Page Range | 15788-15789 | |
| FR Document | 2018-07616 |
[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)] [Notices] [Pages 15788-15789] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07616] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-838] Carbazole Violet Pigment 23 from India: Final Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Pidilite Industries Limited (Pidilite), a producer/exporter of carbazole violet pigment 23 (CVP 23) from India, sold subject merchandise at prices below normal value (NV) during the period of review (POR) December 1, 2015, through November 30, 2016. DATES: Applicable April 12, 2018. FOR FURTHER INFORMATION CONTACT: Irene Gorelik or 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) 482-6905 or (202) 482- 2623, respectively. SUPPLEMENTARY INFORMATION: Background On December 4, 2017, Commerce published the Preliminary Results of the administrative review of the antidumping duty order on CVP 23 from India.\1\ Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018. As a result, the revised deadline for the final results of this review is now April 6, 2018.\2\ --------------------------------------------------------------------------- \1\ See Carbazole Violet Pigment 23 from India: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 82 FR 57205 (December 4, 2017) (Preliminary Results) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the Federal Government,'' dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days. --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the Order \3\ 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] \4\ 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. --------------------------------------------------------------------------- \3\ 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). \4\ 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. --------------------------------------------------------------------------- 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. Analysis of Comments Recieved All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum.\5\ A list of the issues that parties raised and to which we responded is attached to this notice as an Appendix. The Issues and 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 is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \5\ See Memorandum, ``Carbazole Violet Pigment 23 from India: Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review; 2015-2016,'' dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties, we have not made changes to the Preliminary Results.\6\ Because Pidilite withheld requested information, failed to provide information in a timely manner and in the form requested, and significantly impeded this proceeding, we continue to find that Pidilite failed to cooperate to the best of its ability and, accordingly, find it appropriate to assign it a margin based on adverse facts available (AFA) in accordance with sections 776(a)(1) and (a)(2)(A), (B), (C) and 776(b) of the Tariff Act of 1930, as amended. For further discussion, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- \6\ See Preliminary Results and accompanying 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.\7\ 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.\8\ Therefore, imports of the subject merchandise from Pidilite during the review period were subject to countervailing duties for export subsidies of 17.02 percent. Accordingly, we have adjusted the dumping margin [[Page 15789]] in accordance with section 772(c)(1)(C) of the Act. --------------------------------------------------------------------------- \7\ See Order. \8\ See Carbazole Violet Pigment 23 from India: Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 42648 (September 11, 2017). --------------------------------------------------------------------------- Final Results of the Review Commerce determines that, for the period of December 1, 2015, through November 30, 2016, the following dumping margin exists: ------------------------------------------------------------------------ Rate adjusted Dumping margin for export Exporter/producer (percent) subsidies (percent) ------------------------------------------------------------------------ Pidilite Industries Limited........... 66.59 49.57 ------------------------------------------------------------------------ Assessment Rates Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.\9\ For entries of the subject merchandise from Pidilite, we will instruct CBP to assess antidumping duties at the adjusted rate of 49.57 percent. --------------------------------------------------------------------------- \9\ See section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). --------------------------------------------------------------------------- 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 the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, 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.\10\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \10\ See Order. --------------------------------------------------------------------------- Notification to Importers This notice serves as a final 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. Administrative Protective Order In accordance with 19 CFR 351.305(a)(3), this notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h). Dated: April 6, 2018. 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. Appendix--List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Affiliation IV. Use of Facts Otherwise Available With Adverse Inferences V. Analysis of Comments Comment 1: Whether Pidilite and Its U.S. Customer Are Affiliated Comment 2: Whether To Continue To Apply AFA to Pidilite for the Final Results VI. Conclusion [FR Doc. 2018-07616 Filed 4-11-18; 8:45 am] BILLING CODE 3510-DS-P
![15788 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices
and deter the expanding use of trade- DC 20230; telephone (202) 482–6905 or A list of the issues that parties raised
related localization measures, practices (202) 482–2623, respectively. and to which we responded is attached
and other barriers harming the U.S. ICT SUPPLEMENTARY INFORMATION: to this notice as an Appendix. The
manufacturing industry. The scope of Issues and Decision Memorandum is a
products included in this strategic Background public document and is on file
review are ICT goods that fall under On December 4, 2017, Commerce electronically via Enforcement and
NAICS codes 3341, 3342, 3343, 3344, published the Preliminary Results of the Compliance’s Antidumping and
3345, 3346, and 3359; or the following administrative review of the Countervailing Duty Centralized
HS codes: 8443, 8471, 8473, 8486, 8504, antidumping duty order on CVP 23 from Electronic Service System (ACCESS).
8517, 8518, 8519, 8520, 8521, 8522, India.1 Commerce exercised its ACCESS is available to registered users
8523, 8525, 8528, 8529, 8533, 8534, discretion to toll all deadlines affected at http://access.trade.gov, and is
8541, 8542, 854420, 854470, 900110, by the closure of the Federal available to all parties in the Central
9030, 903141, 850440, 850450, 850490. Government from January 20 through Records Unit, room B8024 of the main
The U.S. Department of Commerce January 22, 2018. As a result, the Department of Commerce building. In
invites comments from stakeholders revised deadline for the final results of addition, a complete version of the
from the private sector, academia, think- this review is now April 6, 2018.2 Issues and Decision Memorandum can
tanks, civil society, and other interested be accessed directly at http://
Scope of the Order
parties concerned with the continued enforcement.trade.gov/frn/. The signed
growth and competitiveness of the U.S. The merchandise subject to the and electronic versions of the Issues and
ICT manufacturing industry in the Order 3 is CVP–23 identified as Color Decision Memorandum are identical in
global economy. Entities making Index No. 51319 and Chemical Abstract content.
submissions may be contacted for No. 6358–30–1, with the chemical name
of diindolo [3,2-b:3′,2′- Changes Since the Preliminary Results
further information or explanation, and,
in some cases, meetings with individual m] 4 triphenodioxazine, 8,18-dichloro-5, Based on a review of the record and
submitters may be requested. The 15-diethy-5, 15-dihydro-, and molecular comments received from interested
formula of C34 H22 Cl2 N4 O2. The parties, we have not made changes to
Department may also hold additional
subject merchandise includes the crude the Preliminary Results.6 Because
forums for comment such as
pigment in any form (e.g., dry powder, Pidilite withheld requested information,
roundtables or workshops to attain
paste, wet cake) and finished pigment in failed to provide information in a timely
expanded input for strategy
the form of presscake and dry color. manner and in the form requested, and
development.
Pigment dispersions in any form (e.g., significantly impeded this proceeding,
Ian Steff, pigments dispersed in oleoresins, we continue to find that Pidilite failed
Deputy Assistant Secretary for flammable solvents, water) are not to cooperate to the best of its ability and,
Manufacturing. included within the scope of the Order. accordingly, find it appropriate to assign
[FR Doc. 2018–07584 Filed 4–11–18; 8:45 am] The merchandise subject to the Order it a margin based on adverse facts
BILLING CODE 3510–DR–P
is classifiable under subheading available (AFA) in accordance with
3204.17.9040 of the Harmonized Tariff sections 776(a)(1) and (a)(2)(A), (B), (C)
Schedule of the United States (HTSUS). and 776(b) of the Tariff Act of 1930, as
DEPARTMENT OF COMMERCE Although the HTSUS subheading is amended. For further discussion, see the
provided for convenience and customs Issues and Decision Memorandum.
International Trade Administration purposes, our written description of the
scope of the Order is dispositive. Adjustment for Export Subsidies
[A–533–838] For Pidilite, in the original
Analysis of Comments Recieved investigation, we subtracted the portion
Carbazole Violet Pigment 23 from All issues raised in the case and of the countervailing duty rate
India: Final Results of Antidumping rebuttal briefs by parties to this attributable to export subsidies (17.02
Duty Administrative Review; 2015– administrative review are addressed in percent) from the final dumping margin
2016 the Issues and Decision Memorandum.5 of 66.59 percent in order to calculate the
AGENCY: Enforcement and Compliance, cash-deposit rate of 49.57 percent.7
1 See Carbazole Violet Pigment 23 from India:
International Trade Administration, Since the publication of the
Preliminary Results of Antidumping Duty
Department of Commerce. Administrative Review; 2015–2016, 82 FR 57205
Antidumping Duty Order, we have not
(December 4, 2017) (Preliminary Results) and conducted an administrative review of
SUMMARY: The Department of Commerce accompanying Preliminary Decision Memorandum. the countervailing duty order on CVP 23
(Commerce) determines that Pidilite 2 See Memorandum, ‘‘Deadlines Affected by the
from India.8 Therefore, imports of the
Industries Limited (Pidilite), a Shutdown of the Federal Government,’’ dated subject merchandise from Pidilite
producer/exporter of carbazole violet January 23, 2018. All deadlines in this segment of
the proceeding have been extended by three days. during the review period were subject to
pigment 23 (CVP 23) from India, sold 3 See Notice of Amended Final Determination of countervailing duties for export
subject merchandise at prices below Sales at Less Than Fair Value and Antidumping subsidies of 17.02 percent. Accordingly,
normal value (NV) during the period of Duty Order: Carbazole Violet Pigment 23 from we have adjusted the dumping margin
review (POR) December 1, 2015, India, 69 FR 77988 (December 29, 2004) (Order).
4 The bracketed section of the product
through November 30, 2016. description, [3,2-b:3′,2′-m], is not business for the Final Results of the Antidumping Duty
DATES: Applicable April 12, 2018. proprietary information. In this case, the brackets Administrative Review; 2015–2016,’’ dated
sradovich on DSK3GMQ082PROD with NOTICES
are simply part of the chemical nomenclature. See concurrently with this determination and hereby
FOR FURTHER INFORMATION CONTACT: adopted by this notice (Issues and Decision
‘‘Amendment to Petition for Antidumping
Irene Gorelik or George Ayache, AD/ Investigations of China and India and a Memorandum).
6 See Preliminary Results and accompanying
CVD Operations, Office VIII, Countervailing Duty Investigation of India on
Imports of Carbazole Violet Pigment 23 in the forms Preliminary Decision Memorandum.
Enforcement and Compliance,
of Crude Pigment, Presscake and Dry Color 7 See Order.
International Trade Administration, Pigment,’’ dated December 3, 2003, at 8. 8 See Carbazole Violet Pigment 23 from India:
U.S. Department of Commerce, 1401 5 See Memorandum, ‘‘Carbazole Violet Pigment Rescission of Countervailing Duty Administrative
Constitution Avenue NW, Washington, 23 from India: Issues and Decision Memorandum Review; 2015, 82 FR 42648 (September 11, 2017).
VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1](https://thefederalregister.org/doc/83_FR_15859/page/1.svg)
![Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 15789
in accordance with section 772(c)(1)(C) Final Results of the Review November 30, 2016, the following
of the Act. Commerce determines that, for the dumping margin exists:
period of December 1, 2015, through
Rate adjusted
Dumping for export
Exporter/producer margin subsidies
(percent) (percent)
Pidilite Industries Limited ......................................................................................................................................... 66.59 49.57
Assessment Rates Notification to Importers VI. Conclusion
[FR Doc. 2018–07616 Filed 4–11–18; 8:45 am]
Commerce shall determine, and U.S. This notice serves as a final reminder
BILLING CODE 3510–DS–P
Customs and Border Protection (CBP) to importers of their responsibility
shall assess, antidumping duties on all under 19 CFR 351.402(f)(2) to file a
appropriate entries of subject certificate regarding the reimbursement
DEPARTMENT OF COMMERCE
merchandise in accordance with the of antidumping duties prior to
final results of this review.9 For entries liquidation of the relevant entries International Trade Administration
of the subject merchandise from Pidilite, during this POR. Failure to comply with
we will instruct CBP to assess this requirement could result in the
[C–549–836, C–570–070]
antidumping duties at the adjusted rate Secretary’s presumption that
of 49.57 percent. reimbursement of antidumping duties
Rubber Bands From Thailand and the
We intend to issue instructions to occurred and the subsequent assessment
People’s Republic of China:
CBP 15 days after the date of of doubled antidumping duties.
Postponement of Preliminary
publication of the final results of this Administrative Protective Order Determinations in the Countervailing
review. Duty Investigations
In accordance with 19 CFR
Cash Deposit Requirements 351.305(a)(3), this notice also serves as AGENCY: Enforcement and Compliance,
a reminder to parties subject to International Trade Administration,
The following deposit requirements
administrative protective order (APO) of Department of Commerce.
will be effective upon publication of the
their responsibility concerning the
notice of the final results of this DATES: Applicable April 12, 2018.
return or destruction of proprietary
administrative review for all shipments
information disclosed under the APO, FOR FURTHER INFORMATION CONTACT:
of the subject merchandise entered, or
which continues to govern business Shanah Lee at (202) 482–6386
withdrawn from warehouse, for proprietary information in this segment
consumption on or after the publication (Thailand) and Kristen Johnson at (202)
of the proceeding. Timely written 482–4793 (the People’s Republic of
date of the final results, as provided by notification of the return or destruction
section 751(a)(2)(C) of the Act: (1) The China), AD/CVD Operations,
of APO materials or conversion to Enforcement and Compliance,
cash deposit rate for Pidilite will be the judicial protective order is hereby
rate established in the final results of International Trade Administration,
requested. Failure to comply with the U.S. Department of Commerce, 1401
this review; (2) for previously reviewed regulations and terms of an APO is a
or investigated companies not Constitution Avenue NW, Washington,
violation subject to sanction. DC 20230.
participating in this review, the cash
deposit rate will continue to be the We are issuing and publishing this SUPPLEMENTARY INFORMATION:
company-specific rate published for the notice in accordance with sections
most recently-completed segment of this 751(a)(1) and 777(i)(1) of the Act, and 19 Background
proceeding in which the company was CFR 351.213(h).
On February 20, 2018, the Department
reviewed; (3) if the exporter is not a firm Dated: April 6, 2018. of Commerce (Commerce) initiated
covered in this review, a prior review, Gary Taverman, countervailing duty (CVD)
or the less-than-fair value (LTFV) Deputy Assistant Secretary for Antidumping investigations on rubber bands from
investigation, but the manufacturer is, and Countervailing Duty Operations, Thailand and the People’s Republic of
the cash deposit rate will be the rate performing the non-exclusive functions and China.1 Currently, the preliminary
established for the most recently- duties of the Assistant Secretary for
determinations of these investigations
completed segment of this proceeding Enforcement and Compliance.
are due no later than April 26, 2018.
for the manufacturer of subject Appendix—List of Topics Discussed in
merchandise; and (4) the cash deposit the Issues and Decision Memorandum 1 See Rubber Bands from Thailand, the People’s
rate for all other manufacturers or Republic of China, and Sri Lanka: Initiation of
exporters will continue to be 27.48 I. Summary Countervailing Duty Investigations, 83 FR 8429
percent, the all-others rate established II. Background (February 27, 2018). Pursuant to section 703(a)(1) of
III. Affiliation the Tariff Act of 1930, as amended, the
sradovich on DSK3GMQ082PROD with NOTICES
in the LTFV investigation.10 These cash IV. Use of Facts Otherwise Available With countervailing duty investigation on rubber bands
deposit requirements, when imposed, Adverse Inferences from Sri Lanka was terminated following the
shall remain in effect until further V. Analysis of Comments International Trade Commission’s determination
notice. that imports of rubber bands from Sri Lanka that are
Comment 1: Whether Pidilite and Its U.S.
alleged to be sold at less than fair value and
Customer Are Affiliated subsidized by the government of Sri Lanka are
9 See section 751(a)(2)(C) of the Act and 19 CFR Comment 2: Whether To Continue To negligible. See Rubber Bands from China, Sri
351.212(b). Apply AFA to Pidilite for the Final Lanka, and Thailand; Determinations, 83 FR 12594
10 See Order. Results (March 22, 2018).
VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1](https://thefederalregister.org/doc/83_FR_15859/page/2.svg)
Document Created: 2018-11-02 08:14:55
Document Modified: 2018-11-02 08:14:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable April 12, 2018. | |
| Contact | Irene Gorelik or 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) 482-6905 or (202) 482- 2623, respectively. | |
| FR Citation | 83 FR 15788 |
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