Carbazole Violet Pigment 23 from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 36630-36632 [2010-15638]
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36630
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices
SUMMARY: As a result of the
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (the
Commission) that revocation of the
antidumping duty order on floor–
standing, metal–top ironing tables and
certain parts thereof (ironing tables)
from the People’s Republic of China
(PRC) would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, the Department is
publishing a notice of continuation of
the antidumping duty order.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Robert James, AD/
CVD Operations Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4475 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
jlentini on DSKJ8SOYB1PROD with NOTICES
Background
On July 1, 2009, the Department
initiated a sunset review of the
antidumping duty order on ironing
tables from the PRC pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Tariff Act). See Initiation
of Five–Year (‘‘Sunset’’) Reviews, 74 FR
31412 (July 1, 2009).
As a result of its review, the
Department determined that revocation
of the antidumping duty order on
ironing tables from the PRC would
likely lead to a continuation or
recurrence of dumping and, therefore,
notified the Commission of the
magnitude of the margins likely to
prevail should the order be revoked. See
Floor–Standing, Metal–Top Ironing
Tables and Certain Parts Thereof from
the People’s Republic of China: Final
Results of Expedited Five–year (Sunset)
Review of Antidumping Duty Order, 74
FR 56794 (November 3, 2009).
On May 21, 2010, the Commission
determined, pursuant to section 751(c)
of the Tariff Act, that revocation of the
antidumping duty order on ironing
tables from the PRC would likely lead
to a continuation or recurrence of
material injury to an industry in the
United States within the reasonably
foreseeable future. See USITC
Publication 4155 (June 2010), and
Ironing Tables and Certain Parts
Thereof From China; Determination, 75
FR 33636 (June 14, 2010).
Scope of the Order
For purposes of this order, the
product covered consists of floor–
standing, metal–top ironing tables,
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21:02 Jun 25, 2010
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assembled or unassembled, complete or
incomplete, and certain parts thereof.
The subject tables are designed and
used principally for the hand ironing or
pressing of garments or other articles of
fabric. The subject tables have full–
height leg assemblies that support the
ironing surface at an appropriate (often
adjustable) height above the floor. The
subject tables are produced in a variety
of leg finishes, such as painted, plated,
or matte, and they are available with
various features, including iron rests,
linen racks, and others. The subject
ironing tables may be sold with or
without a pad and/or cover. All types
and configurations of floor–standing,
metal–top ironing tables are covered by
this review.
Furthermore, this order specifically
covers imports of ironing tables,
assembled or unassembled, complete or
incomplete, and certain parts thereof.
For purposes of this order, the term
‘‘unassembled’’ ironing table means a
product requiring the attachment of the
leg assembly to the top or the
attachment of an included feature such
as an iron rest or linen rack. The term
‘‘complete’’ ironing table means product
sold as a ready–to-use ensemble
consisting of the metal–top table and a
pad and cover, with or without
additional features, e.g., iron rest or
linen rack. The term ‘‘incomplete’’
ironing table means product shipped or
sold as a ‘‘bare board’’ – i.e., a metal–top
table only, without the pad and cover–
with or without additional features, e.g.,
iron rest or linen rack. The major parts
or components of ironing tables that are
intended to be covered by this order
under the term ‘‘certain parts thereof’’
consist of the metal top component
(with or without assembled supports
and slides) and/or the leg components,
whether or not attached together as a leg
assembly. The order covers separately
shipped metal top components and leg
components, without regard to whether
the respective quantities would yield an
exact quantity of assembled ironing
tables.
Ironing tables without legs (such as
models that mount on walls or over
doors) are not floor–standing and are
specifically excluded. Additionally,
tabletop or countertop models with
short legs that do not exceed 12 inches
in length (and which may or may not
collapse or retract) are specifically
excluded.
The subject ironing tables are
currently classifiable under Harmonized
Tariff Schedule of the United States
(HTSUS) subheading 9403.20.0011. The
subject metal top and leg components
are classified under HTSUS subheading
9403.90.8040. Although the HTSUS
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Fmt 4703
Sfmt 4703
subheadings are provided for
convenience and for Customs and
Border Protection (CBP) purposes, the
Department’s written description of the
scope remains dispositive.
Continuation of the Order
As a result of these determinations by
the Department and the Commission
that revocation of the antidumping duty
order on ironing tables would likely
lead to a continuation or recurrence of
dumping and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Tariff Act, the
Department hereby orders the
continuation of the antidumping order
on ironing tables from the PRC. United
States Customs and Border Protection
will continue to collect antidumping
duty 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 order will be
the date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the
Tariff Act, the Department intends to
initiate the next five–year review of the
order not later than 30 days prior to the
fifth anniversary of the effective date of
continuation.
This five–year (sunset) review and
this notice are in accordance with
section 751(c) of the Tariff Act and
published pursuant to section 777(i)(1)
of the Tariff Act.
Dated: June 21, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–15631 Filed 6–25–10; 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: Final
Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 29, 2009, the
Department of Commerce (the
Department) published the preliminary
results of the 2007–2008 administrative
review of the antidumping duty order
on carbazole violet pigment 23 (CVP 23)
from the People’s Republic of China
(PRC). See Carbazole Violet Pigment 23
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review, 74 FR
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28JNN1
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
68780 (December 29, 2009) (Preliminary
Results). This administrative review
covers one exporter of the subject
merchandise, Trust Chem Co., Ltd.
(Trust Chem). We invited interested
parties to comment on our Preliminary
Results. Based on our analysis of the
comments received, we have made one
change to the margin calculation for
Trust Chem. The final dumping margin
for this review is listed below in the
section entitled ‘‘Final Results of
Review.’’
EFFECTIVE DATE: June 28, 2010.
FOR FURTHER INFORMATION CONTACT:
Deborah Scott or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–2657 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2009, the
Department published the Preliminary
Results of the 2007–2008 administrative
review of the antidumping duty order
on CVP 23 from the PRC in the Federal
Register. We invited parties to comment
on the Preliminary Results. On January
28, 2010, we received case briefs from
Nation Ford Chemical Company and
Sun Chemical Corporation (collectively,
petitioners) and from Trust Chem. On
February 1, 2010, we returned Trust
Chem’s case brief because it contained
new, unsolicited information submitted
after the deadline for such information.
Trust Chem submitted its revised case
brief on February 2, 2010. On February
3, 2010, petitioners filed a rebuttal brief.
As explained in the memorandum
from the Deputy Assistant Secretary for
Import Administration, the Department
has exercised its discretion to toll
deadlines for the duration of the closure
of the federal government from February
5 through February 12, 2010. See
Memorandum for the Record from
Ronald Lorentzen, DAS for Import
Administration, regarding ‘‘Tolling of
Administrative Deadlines As a Result of
the Government Closure During the
Recent Snowstorm,’’ dated February 12,
2010. Thus, the deadline for issuing the
final results of this administrative
review was extended by seven days
from April 28, 2010 until May 5, 2010.
On May 4, 2010, we placed new
information on the record and invited
parties to submit comments. Finding it
was not practicable to complete this
administrative review by May 5, 2010,
the Department published in the
Federal Register a notice extending the
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21:02 Jun 25, 2010
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36631
deadline for the final results of this
administrative review until June 21,
2010. See Carbazole Violet Pigment 23
from the People’s Republic of China:
Extension of Time Limit for the Final
Results of Antidumping Duty
Administrative Review, 75 FR 25840
(May 10, 2010). On May 17, 2010, both
petitioners and Trust Chem submitted
comments on the new information
placed on the record on May 4, 2010;
petitioners filed rebuttal comments on
May 19, 2010.
pigments dispersed in oleoresins,
flammable solvents, water) are not
included within the scope of this order.
The merchandise subject to this 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, the written description of the
scope of the order is dispositive.
Analysis of Comments Received
All of the issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the
Memorandum from John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Acting
Deputy Assistant Secretary for Import
Administration, ‘‘Issues and Decision
Memorandum for the Final Results of
the 2007–2008 Administrative Review
of the Antidumping Duty Order on
Carbazole Violet Pigment 23 from the
People’s Republic of China,’’ dated
concurrently with this notice (Issues
and Decision Memorandum), which is
hereby adopted by this notice. A list of
the issues that parties raised and to
which we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file in the Central
Records Unit (CRU), Main Commerce
Building, Room 1117, and is also
accessible on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content.
In proceedings involving non–market
economy (NME) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to
review in an NME country this single
rate unless an exporter can demonstrate
that it is sufficiently independent so as
to be entitled to a separate rate.
In the preliminary results, we found
that Trust Chem demonstrated its
eligibility for separate rate status. We
received no comments from interested
parties regarding Trust Chem’s separate
rate status. In these final results of
review, we continue to find the
evidence placed on the record by Trust
Chem demonstrates an absence of
government control, both in law and in
fact, with respect to Trust Chem’s
exports of the merchandise under
review. Thus, we have determined that
Trust Chem is eligible to receive a
separate rate.
Period of Review
The period of review is December 1,
2007 through November 30, 2008.
Based on an analysis of the comments
received, the Department has made one
change to the margin calculation for
Trust Chem. Specifically, in calculating
the surrogate financial ratios, the
Department has deducted directors’
salaries and benefits from direct labor
costs and added these expenses to
selling, general and administrative
expenses (SG&A). As a result, the
surrogate financial ratios for factory
overhead and SG&A differ from the
preliminary results. For more
information, see Memorandum to the
File through Robert James, Program
Manager, AD/CVD Operations, Office 7,
from Deborah Scott, International Trade
Compliance Analyst, AD/CVD
Operations, Office 7, ‘‘2007–2008
Administrative Review of Carbazole
Violet Pigment 23 from the People’s
Republic of China: Surrogate Values for
the Final Results,’’ dated June 21, 2010.
Scope of the Order
The merchandise covered by this
order is carbazole violet pigment 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] triphenodioxazine, 8,18–
dichloro–5, 15–diethy–5,15–dihydro-,
and molecular formula of
C34H22Cl2N4O2.1 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.,
1 The bracketed section of the product
description, [3,2-b:3’,2’-m], is not business
proprietary information, but is part of the chemical
nomenclature.
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Fmt 4703
Sfmt 4703
Separate Rates
Changes Since the Preliminary Results
E:\FR\FM\28JNN1.SGM
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36632
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices
Final Results of Review
We determine that the following
weighted–average dumping margin
exists for Trust Chem for the period
December 1, 2007 through November
30, 2008:
Margin
(percent)
Exporter
Trust Chem Co., Ltd. ..................
30.72
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries pursuant to
section 751(a)(1)(B) of the Act and 19
CFR 351.212(b)(1). The Department
intends to issue assessment instructions
directly to CBP 15 days after the date of
publication of the final results of this
review.
jlentini on DSKJ8SOYB1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) for subject merchandise
exported by Trust Chem, the cash
deposit rate will be 30.72 percent, as
listed above; (2) for previously
investigated or reviewed PRC and non–
PRC exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter–specific rate
published for the most recent period; (3)
for all PRC exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the PRC–
wide rate of 241.32 percent; and (4) for
all non–PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non–PRC
exporter. The deposit requirements shall
remain in effect until further notice.
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 review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
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21:02 Jun 25, 2010
Jkt 220001
Notification Regarding Administrative
Protective Orders
This notice also serves as a final
reminder to parties subject to
administrative protective orders (APO)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. 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 the terms of an APO is a violation
which is subject to sanction.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
We are issuing and publishing the
final results and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: June 21, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
Appendix I – List of Issues Addressed
in the Accompanying Issues and
Decision Memorandum
Comment 1. Basis of the Surrogate
Financial Ratios
Comment 2. Inclusion of Directors’
Salaries and Benefits in SG&A
Comment 3. Surrogate Values for Raw
Material Inputs
Comment 4. Surrogate Value for Nitric
Acid
Comment 5. Surrogate Value for
Chloranil
Comment 6. Surrogate Value for
Benzene Sulfonyl Chloride
[FR Doc. 2010–15638 Filed 6–25–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–900
Diamond Sawblades and Parts Thereof
from the People’s Republic of China:
Initiation of Antidumping Duty New
Shipper Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 28, 2010.
SUMMARY: The Department of Commerce
(‘‘Department’’) has determined that a
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Frm 00004
Fmt 4703
Sfmt 4703
request for a new shipper review
(‘‘NSR’’) of the antidumping duty order
on diamond sawblades and parts thereof
(‘‘diamond sawblades’’) from the
People’s Republic of China (‘‘PRC’’),
received on April 30, 2010, meets the
statutory and regulatory requirements
for initiation. The period of review
(‘‘POR’’) for the NSR is January 23, 2009,
through April 30, 2010.
FOR FURTHER INFORMATION CONTACT:
Alan Ray, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: 202–482–5403.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the
antidumping duty order on diamond
sawblades from the PRC was published
in the Federal Register on November 4,
2009. See Diamond Sawblades and
Parts Thereof From the People’s
Republic of China and the Republic of
Korea: Antidumping Duty Orders, 74 FR
57145 (November 4, 2009)
(‘‘Antidumping Duty Order’’). On April
30, 2010, pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930,
as amended (‘‘Act’’), the Department
received a NSR request from Pujiang
Talent Diamond Tools Co., Ltd.
(‘‘PTDT’’). PTDT’s request was properly
made on April 30, 2010, May being the
semi–annual anniversary of the
Antidumping Duty Order. PTDT
certified that it is both the producer and
exporter of the subject merchandise
upon which the request was based.
PTDT also submitted a public version of
its request, which adequately
summarized proprietary information
and provided explanations as to why
certain proprietary information is not
capable of summarization.
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and 19 CFR 351.214(b)(2)(i),
PTDT certified that it did not export
subject merchandise to the United
States during the period of investigation
(‘‘POI’’). In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), PTDT certified
that, since the initiation of the
investigation, it has never been affiliated
with any PRC exporter or producer who
exported subject merchandise to the
United States during the POI, including
those respondents not individually
examined during the investigation. As
required by 19 CFR 351.214(b)(2)(iii)(B),
PTDT also certified that its export
activities were not controlled by the
central government of the PRC.
E:\FR\FM\28JNN1.SGM
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Agencies
[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36630-36632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15638]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-892
Carbazole Violet Pigment 23 from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 29, 2009, the Department of Commerce (the
Department) published the preliminary results of the 2007-2008
administrative review of the antidumping duty order on carbazole violet
pigment 23 (CVP 23) from the People's Republic of China (PRC). See
Carbazole Violet Pigment 23 From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, 74 FR
[[Page 36631]]
68780 (December 29, 2009) (Preliminary Results). This administrative
review covers one exporter of the subject merchandise, Trust Chem Co.,
Ltd. (Trust Chem). We invited interested parties to comment on our
Preliminary Results. Based on our analysis of the comments received, we
have made one change to the margin calculation for Trust Chem. The
final dumping margin for this review is listed below in the section
entitled ``Final Results of Review.''
EFFECTIVE DATE: June 28, 2010.
FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2657 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2009, the Department published the Preliminary
Results of the 2007-2008 administrative review of the antidumping duty
order on CVP 23 from the PRC in the Federal Register. We invited
parties to comment on the Preliminary Results. On January 28, 2010, we
received case briefs from Nation Ford Chemical Company and Sun Chemical
Corporation (collectively, petitioners) and from Trust Chem. On
February 1, 2010, we returned Trust Chem's case brief because it
contained new, unsolicited information submitted after the deadline for
such information. Trust Chem submitted its revised case brief on
February 2, 2010. On February 3, 2010, petitioners filed a rebuttal
brief.
As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the federal
government from February 5 through February 12, 2010. See Memorandum
for the Record from Ronald Lorentzen, DAS for Import Administration,
regarding ``Tolling of Administrative Deadlines As a Result of the
Government Closure During the Recent Snowstorm,'' dated February 12,
2010. Thus, the deadline for issuing the final results of this
administrative review was extended by seven days from April 28, 2010
until May 5, 2010.
On May 4, 2010, we placed new information on the record and invited
parties to submit comments. Finding it was not practicable to complete
this administrative review by May 5, 2010, the Department published in
the Federal Register a notice extending the deadline for the final
results of this administrative review until June 21, 2010. See
Carbazole Violet Pigment 23 from the People's Republic of China:
Extension of Time Limit for the Final Results of Antidumping Duty
Administrative Review, 75 FR 25840 (May 10, 2010). On May 17, 2010,
both petitioners and Trust Chem submitted comments on the new
information placed on the record on May 4, 2010; petitioners filed
rebuttal comments on May 19, 2010.
Analysis of Comments Received
All of the issues raised in the case and rebuttal briefs filed by
parties in this review are addressed in the Memorandum from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Acting Deputy
Assistant Secretary for Import Administration, ``Issues and Decision
Memorandum for the Final Results of the 2007-2008 Administrative Review
of the Antidumping Duty Order on Carbazole Violet Pigment 23 from the
People's Republic of China,'' dated concurrently with this notice
(Issues and Decision Memorandum), which is hereby adopted by this
notice. A list of the issues that parties raised and to which we
responded in the Issues and Decision Memorandum follows as an appendix
to this notice. The Issues and Decision Memorandum is a public document
and is on file in the Central Records Unit (CRU), Main Commerce
Building, Room 1117, and is also accessible on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Period of Review
The period of review is December 1, 2007 through November 30, 2008.
Scope of the Order
The merchandise covered by this order is carbazole violet pigment
23 identified as Color Index No. 51319 and Chemical Abstract No. 6358-
30-1, with the chemical name of diindolo [lsqb]3,2-b:3',2'-m[rsqb]
triphenodioxazine, 8,18-dichloro-5, 15-diethy-5,15-dihydro-, and
molecular formula of
C34H22Cl2N4O2.\1\
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 this order. The merchandise subject to
this 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, 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, but is
part of the chemical nomenclature.
---------------------------------------------------------------------------
Separate Rates
In proceedings involving non-market economy (NME) countries, the
Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. It is the
Department's policy to assign all exporters of merchandise subject to
review in an NME country this single rate unless an exporter can
demonstrate that it is sufficiently independent so as to be entitled to
a separate rate.
In the preliminary results, we found that Trust Chem demonstrated
its eligibility for separate rate status. We received no comments from
interested parties regarding Trust Chem's separate rate status. In
these final results of review, we continue to find the evidence placed
on the record by Trust Chem demonstrates an absence of government
control, both in law and in fact, with respect to Trust Chem's exports
of the merchandise under review. Thus, we have determined that Trust
Chem is eligible to receive a separate rate.
Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made one change to the margin calculation for Trust Chem. Specifically,
in calculating the surrogate financial ratios, the Department has
deducted directors' salaries and benefits from direct labor costs and
added these expenses to selling, general and administrative expenses
(SG&A). As a result, the surrogate financial ratios for factory
overhead and SG&A differ from the preliminary results. For more
information, see Memorandum to the File through Robert James, Program
Manager, AD/CVD Operations, Office 7, from Deborah Scott, International
Trade Compliance Analyst, AD/CVD Operations, Office 7, ``2007-2008
Administrative Review of Carbazole Violet Pigment 23 from the People's
Republic of China: Surrogate Values for the Final Results,'' dated June
21, 2010.
[[Page 36632]]
Final Results of Review
We determine that the following weighted-average dumping margin
exists for Trust Chem for the period December 1, 2007 through November
30, 2008:
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
Trust Chem Co., Ltd......................................... 30.72
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries pursuant to section 751(a)(1)(B) of the Act and 19 CFR
351.212(b)(1). The Department intends to issue assessment instructions
directly to CBP 15 days after the date of publication of the final
results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) for subject
merchandise exported by Trust Chem, the cash deposit rate will be 30.72
percent, as listed above; (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (3) for all PRC exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
241.32 percent; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter that supplied that
non-PRC exporter. The deposit requirements shall remain in effect until
further notice.
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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a final reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 the terms of an
APO is a violation which is subject to sanction.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
We are issuing and publishing the final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 21, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
Appendix I - List of Issues Addressed in the Accompanying Issues and
Decision Memorandum
Comment 1. Basis of the Surrogate Financial Ratios
Comment 2. Inclusion of Directors' Salaries and Benefits in SG&A
Comment 3. Surrogate Values for Raw Material Inputs
Comment 4. Surrogate Value for Nitric Acid
Comment 5. Surrogate Value for Chloranil
Comment 6. Surrogate Value for Benzene Sulfonyl Chloride
[FR Doc. 2010-15638 Filed 6-25-10; 8:45 am]
BILLING CODE 3510-DS-S