Carbazole Violet Pigment 23 from the People's Republic of China: Notice of Amended Final Determination in Accordance With Court Decision, 15101-15102 [E7-5859]

Download as PDF Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend liquidation of all entries of subject merchandise from the PRC. We will also instruct CBP to require cash deposits or the posting of a bond equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart above. These instructions suspending liquidation will remain in effect until further notice. This determination is issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.224(e). Dated: March 22, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–5927 Filed 3–29–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–813] Canned Pineapple Fruit from Thailand: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, U.S. Department of Commerce. EFFECTIVE DATE: March 30, 2007. FOR FURTHER INFORMATION CONTACT: Myrna Lobo, Office of AD/CVD Operations 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482–2371. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC66 with NOTICES AGENCY: Background On August 30, 2006, the Department of Commerce (the Department) published in the Federal Register the notice of initiation of the administrative review of the antidumping duty order on canned pineapple fruit from Thailand for Vita Food Factory (1989) Ltd. (Vita). See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 71 FR 51573 (August 30, 2006). On October 10, 2006 the Department initiated a review for Tropical Food Industries Co. Ltd. (Trofco). See Initiation of Antidumping Duty Administrative Review: Canned VerDate Aug<31>2005 17:22 Mar 29, 2007 Jkt 211001 Pineapple Fruit from Thailand, 71 FR 59430 (October 10, 2006). The period of review for both companies is July 1, 2005 through June 30, 2006. Extension of Time Limits for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and section 351.213(h)(1) of the Department’s regulations require the Department to issue the preliminary results of a review within 245 days after the last day of the anniversary month of the order or suspension agreement for which the administrative review was requested, and final results of the review within 120 days after the date on which the notice of the preliminary results is published in the Federal Register. However, if the Department determines that it is not practicable to complete the review within the aforementioned specified time limits, section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the Department’s regulations allow the Department to extend the 245–day period to 365 days and to extend the 120–day period to 180 days. Due to the initiation of a cost investigation for Trofco, together with the need for further analysis of Vita’s questionnaire response, the Department finds that it is not practicable to complete the preliminary results of this review within the original time limit. Therefore, the Department is extending the deadline for completion of the preliminary results of this administrative review of the antidumping duty order on canned pineapple fruit from Thailand by 120 days from April 2, 2007 until no later than July 31, 2007. This notice is issued and published pursuant to sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: March 26, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–5929 Filed 3–29–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–892] Carbazole Violet Pigment 23 from the People’s Republic of China: Notice of Amended Final Determination in Accordance With Court Decision Import Administration, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 EFFECTIVE DATE: March 30, SUMMARY: On December 8, 15101 2007. 2006, the United States Court of International Trade (‘‘CIT’’) sustained the final remand determination made by the Department of Commerce (‘‘the Department’’) pursuant to the CIT’s remand of the final determination of the less–than-fair–value investigation of Carbazole Violet Pigment 23 (‘‘CVP 23’’) from the People’s Republic of China. See Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. v. United States, and Nation Ford Chemical Company and Sun Chemical Corporation, and Clariant Corporation, Consol. Ct. 05–00060 (CIT Dec. 8, 2006). As there is now a final and conclusive court decision in this case, the Department is amending the final determination of this investigation. FOR FURTHER INFORMATION CONTACT: Charles Riggle at (202) 482–0650, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: On November 17, 2004, the Department published in the Federal Register its final determination in the above– referenced investigation covering the period of April 1, 2003, through September 30, 2003. See Notice of Final Determination of Sales at Less Than Fair Value: Carbazole Violet Pigment 23 from the People’s Republic of China, 69 FR 67304 (November 17, 2004) (‘‘Final Determination’’). In the Final Determination, the Department (1) Applied total adverse facts available (‘‘AFA’’) to Tianjin Hanchem International Trading Co., Ltd. (‘‘Hanchem’’); (2) determined that the subsidies received by Pidilite Industries, Ltd. (‘‘Pidilite’’), an Indian producer of CVP 23, did not distort Pidilite’s financial ratios; (3) valued benzene sulfonyl chloride using HTS number 2904.10.10; (4) valued calcium chloride based on 70–percent chemical concentration; (5) declined to value steam because the only steam values on the record were based on U.S. price quotes; and (6) did not include terminal charges and brokerage fees in movement costs. In Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. v. United States, 431 F. Supp. 2d 1323 (CIT May 4, 2006), the CIT remanded the underlying Final Determination to the Department: to (1) re–examine its determination to apply total AFA to Hanchem; (2) further explain its determination that the subsidies Pidilite E:\FR\FM\30MRN1.SGM 30MRN1 15102 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices received did not distort Pidilite’s financial ratios; (3) re–examine the surrogate values for benzene sulfonyl chloride, calcium chloride and steam; (4) either include terminal charges and brokerage fees in movement costs, or precisely and reasonably explain its decision not to include such costs; and (5) re–open the record and allow parties to submit new information as necessary. On October 16, 2006, the Department issued to the CIT its final results of redetermination pursuant to remand. In the remand redetermination the Department: (1) Applied partial AFA to Hanchem; (2) explained how the subsidies Pidilite received did not distort Pidilite’s financial ratios; (3) re– calculated the surrogate values for benzene sulfonyl chloride, calcium chloride and steam; (4) explained why it is not appropriate to include terminal charges and brokerage fees in movement costs; and (5) calculated a surrogate value for steam. Thus, the Department recalculated the antidumping duty rates applicable to Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Hanchem, Nantong Haidi Chemicals Co., Ltd., and the PRC–wide entity. On December 8, 2006, the CIT sustained the Department’s final redetermination. See Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. v. United States, and Nation Ford Chemical Company and Sun Chemical Corporation, and Clariant Corporation, Ct. No. 05–00060, Slip Op. 06–65 (CIT December 8, 2006). Consistent with the decision of the United States Court of Appeals for the Federal Circuit in Timken Company v. United States and China National Machinery and Equipment Import and Export Corporation, 893 F.2d 337 (Fed. Cir. 1990), on January 4, 2007, the Department published a notice announcing that the CIT’s final judgement was not in harmony with the Department’s Final Determination. No party appealed the CIT’s decision. Therefore, there is now a final and conclusive court decision in this case. Amended Final Determination cprice-sewell on PROD1PC66 with NOTICES As the litigation in this case has concluded, the Department is amending the Final Determination. The revised dumping margins are as follows: Margin (percent) Exporter/Manufacturer Goldlink Industries Co., Ltd. ......... Trust Chem Co., Ltd. .................... Tianjin Hanchem International Trading Co., Ltd. ....................... Nantong Haidi Chemicals Co., Ltd. ............................................ VerDate Aug<31>2005 17:22 Mar 29, 2007 12.46 39.29 85.41 57.07 Jkt 211001 antidumping duty order on carbon and certain alloy steel wire rod from Canada. See Preliminary Results of Antidumping PRC–Wide Rate ........................... 241.32 Duty Administrative Review and Notice of Initiation of Changed Circumstances This notice is issued and published in Review: Carbon and Certain Alloy Steel accordance with sections 751(a)(1) and Wire Rod from Canada, 71 FR 64921 777(i)(1) of the Tariff Act of 1930, as (November 6, 2006). On June 1, 2006, amended. and October 27, 2006, the Department Dated: March 22, 2007. issued Ivaco supplemental David M. Spooner, questionnaires requesting further details Assistant Secretary for Import on Ivaco’s successor–in-interest claims. Administration. The company’s responses were received [FR Doc. E7–5859 Filed 3–29–07; 8:45 am] by the Department on July 6, 2006, and BILLING CODE 3510–DS–S November 20, 2006. On December 14, 2006, the Department published the preliminary DEPARTMENT OF COMMERCE results of this changed circumstances review and preliminarily determined International Trade Administration that (1) Ivaco Rolling Mills 2004 L.P. is A–122–840 the successor–in-interest to Ivaco Notice of Final Results of Antidumping Rolling Mills L.P.; and (2) Sivaco Duty Changed Circumstances Review: Ontario, a division of Sivaco Wire Group 2004 L.P., is the successor–inCarbon and Certain Alloy Steel Wire interest to Ivaco Inc. See Preliminary Rod from Canada Results of Antidumping Duty Changed AGENCY: Import Administration, Circumstances Review: Carbon and International Trade Administration, Certain Alloy Steel Wire Rod from Department of Commerce. Canada, 71 FR 75229 (December 14, SUMMARY: The Department of Commerce 2006) (‘‘Preliminary Results’’). As a (the ‘‘Department’’) has determined that result, Ivaco Rolling Mills 2004 L.P., (1) Ivaco Rolling Mills 2004 L.P. is the and Sivaco Ontario, a division of Sivaco successor–in-interest to Ivaco Rolling Wire Group 2004 L.P., should receive Mills L.P.; and (2) Sivaco Ontario, a the same antidumping duty treatment division of Sivaco Wire Group 2004 with respect to carbon and certain alloy L.P., is the successor–in-interest to Ivaco steel wire rod from Canada as Ivaco Inc. As a result, Ivaco Rolling Mills 2004 Rolling Mills L.P. and Ivaco Inc. In the L.P., and Sivaco Ontario, a division of Preliminary Results, we stated that Sivaco Wire Group 2004 L.P., interested parties could request a (collectively ‘‘Ivaco’’) should receive the hearing or submit case briefs and/or same antidumping duty treatment with written comments to the Department no respect to carbon and certain alloy steel later than 30 days after publication of wire rod from Canada as Ivaco Rolling the Preliminary Results notice in the Mills L.P. and Ivaco Inc. as of the date Federal Register, and submit rebuttal of publication of this notice in the briefs, limited to the issues raised in the Federal Register. case briefs, five days subsequent to the EFFECTIVE DATE: March 30, 2007. due date of the case briefs. See FOR FURTHER INFORMATION CONTACT: Preliminary Results, 71 FR at 75231. We Damian Felton or Brandon Farlander, did not receive any hearing requests or AD/CVD Operations, Office 1, Import comments on the Preliminary Results. Administration, International Trade Scope of the Order Administration, U.S. Department of Commerce, 14th Street and Constitution The merchandise subject to this order Avenue, NW, Washington, DC 20230; is certain hot–rolled products of carbon telephone (202) 482–0133 and (202) steel and alloy steel, in coils, of 482–0182, respectively. approximately round cross section, 5.00 SUPPLEMENTARY INFORMATION: mm or more, but less than 19.00 mm, in Background solid cross–sectional diameter. In its January 12, 2006 response to Specifically excluded are steel Section A of the Department’s products possessing the above–noted questionnaire in the 3rd administrative physical characteristics and meeting the review, Ivaco notified the Department HTSUS definitions for (a) stainless steel; that the assets of Ivaco, Inc. and all of (b) tool steel; (c) high nickel steel; (d) its divisions (e.g., Sivaco Ontario, and ball bearing steel; and (e) concrete Sivaco Quebec) had been purchased on reinforcing bars and rods. Also excluded December 1, 2004. As a result, the are (f) free machining steel products Department self–initiated a changed (i.e., products that contain by weight circumstances review of the one or more of the following elements: PO 00000 Exporter/Manufacturer Frm 00008 Fmt 4703 Sfmt 4703 Margin (percent) E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Notices]
[Pages 15101-15102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5859]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-892]


Carbazole Violet Pigment 23 from the People's Republic of China: 
Notice of Amended Final Determination in Accordance With Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 30, 2007.
SUMMARY: On December 8, 2006, the United States Court of International 
Trade (``CIT'') sustained the final remand determination made by the 
Department of Commerce (``the Department'') pursuant to the CIT's 
remand of the final determination of the less-than-fair-value 
investigation of Carbazole Violet Pigment 23 (``CVP 23'') from the 
People's Republic of China. See Goldlink Industries Co., Ltd., Trust 
Chem Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. v. 
United States, and Nation Ford Chemical Company and Sun Chemical 
Corporation, and Clariant Corporation, Consol. Ct. 05-00060 (CIT Dec. 
8, 2006). As there is now a final and conclusive court decision in this 
case, the Department is amending the final determination of this 
investigation.

FOR FURTHER INFORMATION CONTACT: Charles Riggle at (202) 482-0650, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: On November 17, 2004, the Department 
published in the Federal Register its final determination in the above-
referenced investigation covering the period of April 1, 2003, through 
September 30, 2003. See Notice of Final Determination of Sales at Less 
Than Fair Value: Carbazole Violet Pigment 23 from the People's Republic 
of China, 69 FR 67304 (November 17, 2004) (``Final Determination''). In 
the Final Determination, the Department (1) Applied total adverse facts 
available (``AFA'') to Tianjin Hanchem International Trading Co., Ltd. 
(``Hanchem''); (2) determined that the subsidies received by Pidilite 
Industries, Ltd. (``Pidilite''), an Indian producer of CVP 23, did not 
distort Pidilite's financial ratios; (3) valued benzene sulfonyl 
chloride using HTS number 2904.10.10; (4) valued calcium chloride based 
on 70-percent chemical concentration; (5) declined to value steam 
because the only steam values on the record were based on U.S. price 
quotes; and (6) did not include terminal charges and brokerage fees in 
movement costs. In Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., 
Tianjin Hanchem International Trading Co., Ltd. v. United States, 431 
F. Supp. 2d 1323 (CIT May 4, 2006), the CIT remanded the underlying 
Final Determination to the Department: to (1) re-examine its 
determination to apply total AFA to Hanchem; (2) further explain its 
determination that the subsidies Pidilite

[[Page 15102]]

received did not distort Pidilite's financial ratios; (3) re-examine 
the surrogate values for benzene sulfonyl chloride, calcium chloride 
and steam; (4) either include terminal charges and brokerage fees in 
movement costs, or precisely and reasonably explain its decision not to 
include such costs; and (5) re-open the record and allow parties to 
submit new information as necessary.
    On October 16, 2006, the Department issued to the CIT its final 
results of redetermination pursuant to remand. In the remand 
redetermination the Department: (1) Applied partial AFA to Hanchem; (2) 
explained how the subsidies Pidilite received did not distort 
Pidilite's financial ratios; (3) re-calculated the surrogate values for 
benzene sulfonyl chloride, calcium chloride and steam; (4) explained 
why it is not appropriate to include terminal charges and brokerage 
fees in movement costs; and (5) calculated a surrogate value for steam. 
Thus, the Department recalculated the antidumping duty rates applicable 
to Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Hanchem, 
Nantong Haidi Chemicals Co., Ltd., and the PRC-wide entity. On December 
8, 2006, the CIT sustained the Department's final redetermination. See 
Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Tianjin Hanchem 
International Trading Co., Ltd. v. United States, and Nation Ford 
Chemical Company and Sun Chemical Corporation, and Clariant 
Corporation, Ct. No. 05-00060, Slip Op. 06-65 (CIT December 8, 2006).
    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit in Timken Company v. United States and China 
National Machinery and Equipment Import and Export Corporation, 893 
F.2d 337 (Fed. Cir. 1990), on January 4, 2007, the Department published 
a notice announcing that the CIT's final judgement was not in harmony 
with the Department's Final Determination. No party appealed the CIT's 
decision. Therefore, there is now a final and conclusive court decision 
in this case.

Amended Final Determination

    As the litigation in this case has concluded, the Department is 
amending the Final Determination. The revised dumping margins are as 
follows:

------------------------------------------------------------------------
                                                                 Margin
                    Exporter/Manufacturer                      (percent)
------------------------------------------------------------------------
Goldlink Industries Co., Ltd.................................      12.46
Trust Chem Co., Ltd..........................................      39.29
Tianjin Hanchem International Trading Co., Ltd...............      85.41
Nantong Haidi Chemicals Co., Ltd.............................      57.07
PRC-Wide Rate................................................     241.32
------------------------------------------------------------------------

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: March 22, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-5859 Filed 3-29-07; 8:45 am]
BILLING CODE 3510-DS-S