Carbazole Violet Pigment 23 From India: Final Results of Antidumping Duty Administrative Review, 74141-74142 [E8-28856]

Download as PDF Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Notices Signed at Washington, DC, this 20th day of November 2008. David M. Spooner. Assistant Secretary of Commerce for Import Administration. Alternate Chairman, Foreign–Trade Zones Board. ATTEST: Andrew McGilvray, Executive Secretary. [FR Doc. E8–28877 Filed 12–4–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 53–2008] Foreign-Trade Zone 242—Boundary County, ID; Application for Subzone; Hoku Materials, Inc.; Notice of Hearing and Extension of Comment Period A public hearing will be held on the application for subzone status at the Hoku Materials, Inc., facility in Pocatello, Idaho, submitted by Boundary County, ID, grantee of FTZ 242 (73 FR 59597, 10/9/08). Because the specific date of the hearing has yet to be determined, the comment period (which would have otherwise closed on December 8, 2008) will be extended to 15 days following the hearing, in order to allow interested parties additional time in which to comment. Further notice will be given once the dates of the hearing and the close of the comment period are set. For further information, contact Diane Finver at Diane_Finver@ita.doc.gov or (202) 482– 1367. Dated: December 2, 2008. Andrew McGilvray, Executive Secretary. [FR Doc. E8–28865 Filed 12–4–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–475–819] dwashington3 on PROD1PC60 with NOTICES Certain Pasta From Italy: Extension of Time Limit for the Final Results of the Eleventh (2006) Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 5, 2008. FOR FURTHER INFORMATION CONTACT: Andrew McAllister or Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, International VerDate Aug<31>2005 15:27 Dec 04, 2008 Jkt 217001 Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482–1174 and (202) 482–0182, respectively. SUPPLEMENTARY INFORMATION: 74141 Dated: December 01, 2008. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E8–28869 Filed 12–4–08; 8:45 am] BILLING CODE 3510–DS–S Background On August 6, 2008, the Department published the preliminary results of the 2006 administrative review of the countervailing duty order on certain pasta (‘‘pasta’’) from Italy. See Certain Pasta from Italy: Preliminary Results of the 11th (2006) Countervailing Duty Administrative Review, 73 FR 45721 (August 6, 2008). This review covers four manufacturers/exporters of the subject merchandise to the United States: De Matteis Agroalimentare S.p.A. (‘‘De Matteis’’), Pastificio Lucio Garofalo S.p.A. (‘‘Garofalo’’), F.lli De Cecco di Filippo Fara San Martino S.p.A. (‘‘De Cecco’’), and Pastificio Felicetti SrL (‘‘Felicetti’’). In the preliminary results, we stated that we would issue our final results for the countervailing duty administrative review no later than 120 days after the date of publication of the preliminary results (i.e., December 4, 2008). Extension of Time Limit for Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue the final results in an administrative review within 120 days of the publication date of the preliminary results. However, if it is not practicable to complete the review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the final results to a maximum of 180 days. The Department has determined that completion of the final results of this review within the original time period is not practicable because the Department requires additional time to review a response to a supplemental questionnaire issued after the preliminary results. Thus, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time period for issuing the final results of review by an additional 60 days, until February 2, 2009. This notice is published pursuant to sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration A–533–838 Carbazole Violet Pigment 23 From India: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 8, 2008, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on carbazole violet pigment 23 from India. The review covers two manufacturers/exporters, Alpanil Industries and Pidilite Industries Limited. The period of review is December 1, 2006, through November 30, 2007. We gave interested parties an opportunity to comment on the preliminary results but no interested parties did so. We have made no changes in the margin calculations for the final results of review. The final weighted–average margins are listed below in the ‘‘Final Results of the Review’’ section of this notice. EFFECTIVE DATE: December 5, 2008. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Hermes Pinilla, AD/ CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–5760 or (202) 482– 3477, respectively. SUPPLEMENTARY INFORMATION: Background On September 8, 2008, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on carbazole violet pigment 23 (CVP 23) from India and invited interested parties to comment. See Carbazole Violet Pigment 23 from India: Preliminary Results of Antidumping Duty Administrative Review, 73 FR 52012 (September 8, 2008) (Preliminary Results). On October 7, 2008, the Department received a case brief from Alpanil Industries (Alpanil). Because E:\FR\FM\05DEN1.SGM 05DEN1 74142 Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Notices Alpanil’s case brief did not meet several filing requirements as stated in 19 CFR 351.303 and 304, we rejected and returned Alpanil’s case brief on October 14, 2008, and requested that Alpanil resubmit its case brief by October 17, 2008. Alpanil did not resubmit its case brief. No other party submitted a case brief. Scope of the Order The merchandise subject to the 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] 1 triphenodioxazine, 8,18–dichloro–5, 15–diethyl–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., pigment dispersed in oleoresins, flammable solvents, water) are not included within the scope of the order. The merchandise subject to the order is classifiable under subheading 3204.17.90.40 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. Use of Adverse Facts Available The Department found in the Preliminary Results that Alpanil and Pidilite Industries Limited (Pidilite) failed to cooperate to the best of their ability in responding to the Department’s requests for information and thereby impeded the Department’s proceeding. Therefore, in accordance with section 776(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.308(c), the Department preliminarily selected 66.59 percent as the adverse facts–available dumping Company margin. For the Preliminary Results, we also subtracted the portion of the applicable 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. See Preliminary Results. The Department did not receive any comments regarding its preliminary application of the adverse facts– available dumping margin to Alpanil and Pidilite. Therefore, for the final results, the Department has not altered its analysis or decision to apply the adverse facts–available dumping margin to Alpanil and Pidilite. Final Results of the Review As a result of our review, we determine that the following weighted– average dumping margins on CVP 23 from India exist for the period December 1, 2006, through November 30, 2007: Alpanil .............................................................................................................. Pidilite .............................................................................................................. Assessment of Duties The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. We will issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review. We will instruct CBP to assess the antidumping liability for all shipments of CVP 23 from India produced and/or exported by Alpanil or Pidilite and entered, or withdrawn from warehouse, for consumption during the period of review. 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. dwashington3 on PROD1PC60 with NOTICES Cash–Deposit Requirements The following deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of CVP 23 from India entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 1 The bracketed section of the product description, [3,2-b:3′,2′-m], is not business- VerDate Aug<31>2005 15:27 Dec 04, 2008 Jkt 217001 Cash–Deposit Rate Adjusted For Export Subsidies Margin (percent) 66.59 66.59 751(a)(2)(C) of the Act: (1) The cash– deposit rates for Alpanil and Pidilite will be 49.57 percent; (2) if the exporter is not a firm covered in this review, a previous review, or the less–than-fair– value investigation but the manufacturer is, the cash–deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (3) if neither the exporter nor the manufacturer has its own rate, the cash–deposit rate will be 27.48 percent, the all–others rate published in 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, 77989 (December 29, 2004). These deposit requirements shall remain in effect until further notice. Notification to Importer This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent proprietary information. In this case, the brackets PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 49.57 49.57 assessment of doubled antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely written notification of the return/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 sanctionable violation. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 1, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–28856 Filed 12–4–08; 8:45 am] BILLING CODE 3510–DS–S are simply part of the chemical nomenclature. See Preliminary Results. E:\FR\FM\05DEN1.SGM 05DEN1

Agencies

[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Notices]
[Pages 74141-74142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28856]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-533-838


Carbazole Violet Pigment 23 From India: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 8, 2008, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on carbazole violet pigment 23 from India. The review covers 
two manufacturers/exporters, Alpanil Industries and Pidilite Industries 
Limited. The period of review is December 1, 2006, through November 30, 
2007. We gave interested parties an opportunity to comment on the 
preliminary results but no interested parties did so. We have made no 
changes in the margin calculations for the final results of review. The 
final weighted-average margins are listed below in the ``Final Results 
of the Review'' section of this notice.

EFFECTIVE DATE: December 5, 2008.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Hermes Pinilla, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5760 or (202) 482-3477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 2008, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on carbazole violet pigment 23 (CVP 23) from 
India and invited interested parties to comment. See Carbazole Violet 
Pigment 23 from India: Preliminary Results of Antidumping Duty 
Administrative Review, 73 FR 52012 (September 8, 2008) (Preliminary 
Results). On October 7, 2008, the Department received a case brief from 
Alpanil Industries (Alpanil). Because

[[Page 74142]]

Alpanil's case brief did not meet several filing requirements as stated 
in 19 CFR 351.303 and 304, we rejected and returned Alpanil's case 
brief on October 14, 2008, and requested that Alpanil resubmit its case 
brief by October 17, 2008. Alpanil did not resubmit its case brief. No 
other party submitted a case brief.

Scope of the Order

    The merchandise subject to the 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] \1\ triphenodioxazine, 8,18-dichloro-
5, 15-diethyl-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., pigment 
dispersed in oleoresins, flammable solvents, water) are not included 
within the scope of the order. The merchandise subject to the order is 
classifiable under subheading 3204.17.90.40 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.
---------------------------------------------------------------------------

    \1\ The bracketed section of the product description, [lsqb]3,2-
b:3',2'-m[rsqb], is not business-proprietary information. In this 
case, the brackets are simply part of the chemical nomenclature. See 
Preliminary Results.
---------------------------------------------------------------------------

Use of Adverse Facts Available

    The Department found in the Preliminary Results that Alpanil and 
Pidilite Industries Limited (Pidilite) failed to cooperate to the best 
of their ability in responding to the Department's requests for 
information and thereby impeded the Department's proceeding. Therefore, 
in accordance with section 776(b) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.308(c), the Department preliminarily selected 
66.59 percent as the adverse facts-available dumping margin. For the 
Preliminary Results, we also subtracted the portion of the applicable 
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. See Preliminary 
Results.
    The Department did not receive any comments regarding its 
preliminary application of the adverse facts-available dumping margin 
to Alpanil and Pidilite. Therefore, for the final results, the 
Department has not altered its analysis or decision to apply the 
adverse facts-available dumping margin to Alpanil and Pidilite.

Final Results of the Review

    As a result of our review, we determine that the following 
weighted-average dumping margins on CVP 23 from India exist for the 
period December 1, 2006, through November 30, 2007:

----------------------------------------------------------------------------------------------------------------
                                                                                     Cash-Deposit Rate Adjusted
                      Company                              Margin (percent)             For Export Subsidies
----------------------------------------------------------------------------------------------------------------
Alpanil...........................................                          66.59                          49.57
Pidilite..........................................                          66.59                          49.57
----------------------------------------------------------------------------------------------------------------

Assessment of Duties

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. We will issue appropriate assessment instructions directly to 
CBP 15 days after publication of the final results of review. We will 
instruct CBP to assess the antidumping liability for all shipments of 
CVP 23 from India produced and/or exported by Alpanil or Pidilite and 
entered, or withdrawn from warehouse, for consumption during the period 
of review. 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.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of CVP 23 from India entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash-deposit rates 
for Alpanil and Pidilite will be 49.57 percent; (2) if the exporter is 
not a firm covered in this review, a previous review, or the less-than-
fair-value investigation but the manufacturer is, the cash-deposit rate 
will be the rate established for the most recent period for the 
manufacturer of the merchandise; (3) if neither the exporter nor the 
manufacturer has its own rate, the cash-deposit rate will be 27.48 
percent, the all-others rate published in 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, 77989 
(December 29, 2004). These deposit requirements shall remain in effect 
until further notice.

Notification to Importer

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely 
written notification of the return/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 sanctionable 
violation.
    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 1, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-28856 Filed 12-4-08; 8:45 am]
BILLING CODE 3510-DS-S