Carbazole Violet Pigment 23 From the People's Republic of China: Preliminary Intent To Rescind Antidumping Duty Administrative Review, 55003-55004 [2011-22744]

Download as PDF Federal Register / Vol. 76, No. 172 / Tuesday, September 6, 2011 / Notices http://www.usccr.gov, or to contact the Eastern Regional Office at the above email or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. Dated in Washington, DC, August 31, 2011. Peter Minarik, Acting Chief, Regional Programs Coordination Unit. [FR Doc. 2011–22667 Filed 9–2–11; 8:45 am] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–892] Carbazole Violet Pigment 23 From the People’s Republic of China: Preliminary Intent To Rescind Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request by Toyo Ink Mfg. America, LLC and Toyo Ink Mfg. Co., Ltd. (collectively, Toyo), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on carbazole violet pigment 23 (CVP 23) from the People’s Republic of China (PRC). This administrative review covers only Toyo. The period of review (POR) is December 1, 2009, through November 30, 2010. Toyo subsequently provided a certification of no sales. As the Department’s review of U.S. Customs and Border Protection (CBP) import data confirms that there were no reviewable entries of the subject merchandise during the POR, we preliminarily determine that Toyo did not have reviewable entries during the POR. Therefore, because there are no entries on which to assess duties, the Department preliminarily determines to rescind this review. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: September 6, 2011. AGENCY: mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Mark Flessner 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) 482–6312 or (202) 482– 0469, respectively. VerDate Mar<15>2010 18:00 Sep 02, 2011 Jkt 223001 SUPPLEMENTARY INFORMATION: Background On December 29, 2004, the Department published the antidumping duty order on CVP 23 from the PRC. See Antidumping Duty Order: Carbazole Violet Pigment 23 From the People’s Republic of China, 69 FR 77987 (December 29, 2004) (the Order). On December 1, 2010, the Department published a notice of opportunity to request an administrative review of the Order. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 75 FR 74682 (December 1, 2010). On January 3, 2011, the Department received a timely request for administrative review from Toyo. Toyo referenced the formal scope inquiry regarding CVP 23 which the Department was conducting at the time, stating that it would withdraw its request if the Department were to find in the scope proceeding that crude CVP 23 from the PRC finished in Japan did not fall within the scope of the Order. See letter from Mark E. Pardo to the Secretary of Commerce entitled ‘‘Request for Administrative Review: Carbazole Violet 23 Pigment from the People’s Republic of China (POR: 12/1/2009–11/ 30/2010)’’ dated January 3, 2011. See also memorandum from Deborah Scott to the file entitled, ‘‘Memorandum Placing the Preliminary Affirmative Scope Ruling on Carbazole Violet Pigment 23 from The People’s Republic of China and India on the Record,’’ dated August 9, 2011. On January 28, 2011, the Department initiated an administrative review of the Order. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 76 FR 5137 (January 28, 2011). Also on January 28, 2011, the Department requested that Toyo demonstrate that CBP had suspended at least one Toyo entry of CVP 23 finished in Japan from crude CVP 23 made in the PRC. See the Department’s letter to Toyo, dated January 28, 2011. On February 7, 2011, Toyo responded that some of its POR entries of CVP 23 remained unliquidated, but not necessarily suspended, under 19 U.S.C. 1404(a) and (b). In addition, Toyo maintained that these entries would not be affected by the Department’s scope inquiry. Toyo also argued that, pursuant to 19 CFR 351.225(l), antidumping duties cannot be assessed on its entries unless suspension of liquidation has already been ordered on those entries. See letter from Toyo to the Secretary of Commerce entitled ‘‘Administrative Review of the Antidumping Order on PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 55003 Carbazole Violet 23 Pigment from the People’s Republic of China; Response of Toyo Ink Mfg. Co., Ltd. To Questionnaire of January 28, 2011’’ dated February 7, 2011. The Department conducted a CBP data query which confirmed that there were no reviewable entries of the subject merchandise during the period covered by this administrative review. On March 24, 2011, Toyo timely submitted a notice of no sales.1 See letter from Toyo to the Secretary of Commerce entitled ‘‘Administrative Review of the Antidumping Order on Carbazole Violet 23 Pigment from the People’s Republic of China; Toyo Ink Mfg. Co., Ltd.’’ dated March 24, 2011. 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 [3,2b:3’,2’-m] triphenodioxazine, 8,18dichloro-5, 15-diethy-5,15-dihydro-, and molecular formula of C 34 H 22 C l2 N 4 O 2.2 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. Preliminary Intent To Rescind the Administrative Review Under 19 CFR 351.213(d)(3), ‘‘{t}he Secretary may rescind an administrative review, in whole or only with respect to a particular exporter or producer, if the Secretary concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise, as the case may be.’’ See 19 CFR 351.213(d)(3). On March 24, 2011, after having first reported unliquidated (but not necessarily suspended) entries during the POR, Toyo timely claimed that it made no sales of subject merchandise during the POR. See letter from Toyo to the Secretary of Commerce entitled 1 Toyo clarified that, by its claim of ‘‘no sales,’’ it claimed to have made no subject sales. 2 The brackets do not indicate ‘‘business proprietary information’’ but rather are part of the chemical formula. E:\FR\FM\06SEN1.SGM 06SEN1 55004 Federal Register / Vol. 76, No. 172 / Tuesday, September 6, 2011 / Notices ‘‘Administrative Review of the Antidumping Order on Carbazole Violet 23 Pigment from the People’s Republic of China; Toyo Ink Mfg. Co., Ltd.’’ dated March 24, 2011; see also letter from Toyo to the Secretary of Commerce entitled ‘‘Administrative Review of the Antidumping Order on Carbazole Violet 23 Pigment from the People’s Republic of China; Response of Toyo Ink Mfg. Co., Ltd. To Questionnaire of January 28, 2011’’ dated February 7, 2011. The Department’s CBP data query confirmed, and we preliminarily conclude, that there were no reviewable entries of the subject merchandise during the period covered by this administrative review. We received no other requests for review of the Order for this POR. Therefore, in accordance with 19 CFR 351.213(d)(3), we preliminarily determine to rescind this review. mstockstill on DSK4VPTVN1PROD with NOTICES Dated: August 29, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–22744 Filed 9–2–11; 8:45 am] Comments BILLING CODE 3510–DS–P Interested parties are invited to comment on these preliminary results and may submit case briefs and/or written comments within 30 days of the date of publication of this notice, unless otherwise notified by the Department. See 19 CFR 351.309(c)(ii). Rebuttal briefs, limited to issues raised in the case briefs, will be due five days later, pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal briefs in these proceedings are requested to submit with each argument: (1) A statement of the issue; and (2) a brief summary of the argument. Parties are requested to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. Additionally, parties are requested to provide their case and rebuttal briefs in electronic format (preferably in Microsoft Word). Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration within 30 days of the date of publication of this notice. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. See 19 CFR 351.310(c). Issues raised in the hearing will be limited to those raised in case and rebuttal briefs. The Department will issue the final results of this administrative review, including the results of its analysis of issues raised in any such written briefs, not later than 120 days after these preliminary results are issued, unless the final results are extended. See 19 CFR 351.213(h). VerDate Mar<15>2010 Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this 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. We are issuing and publishing these preliminary results in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(h) and 351.221(b)(4). 18:00 Sep 02, 2011 Jkt 223001 DEPARTMENT OF COMMERCE International Trade Administration [A–580–816] Certain Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Preliminary Results of the Seventeenth Antidumping Duty Administrative Review Dongbu made sales of subject merchandise at less than normal value (NV). We preliminarily determine that HYSCO and POSCO have not made sales below NV. In addition, based on the preliminary results for the respondents selected for individual review, we have preliminarily determined a margin for those companies that were not selected for individual review. If these preliminary results are adopted in the final results of this administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. DATES: Effective Date: September 6, 2011. FOR FURTHER INFORMATION CONTACT: Victoria Cho (POSCO), Dennis McClure (Union), Christopher Hargett (HYSCO) or Cindy Robinson (Dongbu), AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–5075, (202) 482– 5973, (202) 482–4161 and (202) 482– 3797, respectively. SUPPLEMENTARY INFORMATION: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to timely requests, the Department of Commerce (the Department) is conducting the seventeenth administrative review of the antidumping order on corrosionresistant carbon steel flat products (CORE) from the Republic of Korea 1 (Korea). This review covers eight manufacturers and/or exporters (collectively, the respondents) of the subject merchandise: LG Chem., Ltd. (LG Chem); Haewon MSC Co. Ltd. (Haewon); Dongbu Steel Co., Ltd., (Dongbu); Hyundai HYSCO (HYSCO); Pohang Iron & Steel Co., Ltd. (POSCO) and Pohang Coated Steel Co., Ltd. (POCOS) (collectively, POSCO); Dongkuk Industries Co., Ltd. (Dongkuk); LG Hausys, Ltd. (Hausys); and Union Steel Manufacturing Co., Ltd. (Union). The period of review (POR) is August 1, 2009, through July 31, 2010. We preliminarily determine that Union and Background On August 19, 1993, the Department published the antidumping order on CORE from Korea. See Antidumping Duty Orders on Certain Cold-Rolled Carbon Steel Flat Products and Certain Corrosion-Resistant Carbon Steel Flat Products from Korea, 58 FR 44159 (August 19, 1993) (Orders on Certain Steel from Korea). On August 2, 2010, we published in the Federal Register the Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 75 FR 45094 (August 2, 2010). On August 30, and 31, 2010, respondents and petitioners 2 requested a review of Dongbu, HYSCO, POSCO, Union, Dongkuk, Haewon, Hausys, and LG Chem. The Department initiated a review of each of the companies for which a review was requested. See Initiation Notice, 75 FR 60076, 60077. On October 29, 2010, the Department selected Dongbu, POSCO, HYSCO and Union as mandatory respondents in this review. See Memorandum from Dennis McClure, International Trade Compliance Analyst, through James 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 75 FR 60076, 60077 (September 29, 2010) (Initiation Notice). 2 Petitioners are the United States Steel Corporation (U.S. Steel), Nucor Corporation (Nucor), and Mittal Steel USA ISG, Inc. (Mittal Steel USA). AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Notices]
[Pages 55003-55004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22744]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-892]


Carbazole Violet Pigment 23 From the People's Republic of China: 
Preliminary Intent To Rescind Antidumping Duty Administrative Review

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

SUMMARY: In response to a request by Toyo Ink Mfg. America, LLC and 
Toyo Ink Mfg. Co., Ltd. (collectively, Toyo), the Department of 
Commerce (the Department) is conducting an administrative review of the 
antidumping duty order on carbazole violet pigment 23 (CVP 23) from the 
People's Republic of China (PRC). This administrative review covers 
only Toyo. The period of review (POR) is December 1, 2009, through 
November 30, 2010.
    Toyo subsequently provided a certification of no sales. As the 
Department's review of U.S. Customs and Border Protection (CBP) import 
data confirms that there were no reviewable entries of the subject 
merchandise during the POR, we preliminarily determine that Toyo did 
not have reviewable entries during the POR. Therefore, because there 
are no entries on which to assess duties, the Department preliminarily 
determines to rescind this review. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective Date: September 6, 2011.

FOR FURTHER INFORMATION CONTACT: Mark Flessner 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-
6312 or (202) 482-0469, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 29, 2004, the Department published the antidumping duty 
order on CVP 23 from the PRC. See Antidumping Duty Order: Carbazole 
Violet Pigment 23 From the People's Republic of China, 69 FR 77987 
(December 29, 2004) (the Order). On December 1, 2010, the Department 
published a notice of opportunity to request an administrative review 
of the Order. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative Review, 
75 FR 74682 (December 1, 2010). On January 3, 2011, the Department 
received a timely request for administrative review from Toyo. Toyo 
referenced the formal scope inquiry regarding CVP 23 which the 
Department was conducting at the time, stating that it would withdraw 
its request if the Department were to find in the scope proceeding that 
crude CVP 23 from the PRC finished in Japan did not fall within the 
scope of the Order. See letter from Mark E. Pardo to the Secretary of 
Commerce entitled ``Request for Administrative Review: Carbazole Violet 
23 Pigment from the People's Republic of China (POR: 12/1/2009-11/30/
2010)'' dated January 3, 2011. See also memorandum from Deborah Scott 
to the file entitled, ``Memorandum Placing the Preliminary Affirmative 
Scope Ruling on Carbazole Violet Pigment 23 from The People's Republic 
of China and India on the Record,'' dated August 9, 2011.
    On January 28, 2011, the Department initiated an administrative 
review of the Order. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 76 FR 5137 (January 28, 2011).
    Also on January 28, 2011, the Department requested that Toyo 
demonstrate that CBP had suspended at least one Toyo entry of CVP 23 
finished in Japan from crude CVP 23 made in the PRC. See the 
Department's letter to Toyo, dated January 28, 2011.
    On February 7, 2011, Toyo responded that some of its POR entries of 
CVP 23 remained unliquidated, but not necessarily suspended, under 19 
U.S.C. 1404(a) and (b). In addition, Toyo maintained that these entries 
would not be affected by the Department's scope inquiry. Toyo also 
argued that, pursuant to 19 CFR 351.225(l), antidumping duties cannot 
be assessed on its entries unless suspension of liquidation has already 
been ordered on those entries. See letter from Toyo to the Secretary of 
Commerce entitled ``Administrative Review of the Antidumping Order on 
Carbazole Violet 23 Pigment from the People's Republic of China; 
Response of Toyo Ink Mfg. Co., Ltd. To Questionnaire of January 28, 
2011'' dated February 7, 2011.
    The Department conducted a CBP data query which confirmed that 
there were no reviewable entries of the subject merchandise during the 
period covered by this administrative review.
    On March 24, 2011, Toyo timely submitted a notice of no sales.\1\ 
See letter from Toyo to the Secretary of Commerce entitled 
``Administrative Review of the Antidumping Order on Carbazole Violet 23 
Pigment from the People's Republic of China; Toyo Ink Mfg. Co., Ltd.'' 
dated March 24, 2011.
---------------------------------------------------------------------------

    \1\ Toyo clarified that, by its claim of ``no sales,'' it 
claimed to have made no subject sales.
---------------------------------------------------------------------------

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 C 34 H 22 C l2 N 4 O 2.\2\ 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.
---------------------------------------------------------------------------

    \2\ The brackets do not indicate ``business proprietary 
information'' but rather are part of the chemical formula.
---------------------------------------------------------------------------

Preliminary Intent To Rescind the Administrative Review

    Under 19 CFR 351.213(d)(3), ``{t{time} he Secretary may rescind an 
administrative review, in whole or only with respect to a particular 
exporter or producer, if the Secretary concludes that, during the 
period covered by the review, there were no entries, exports, or sales 
of the subject merchandise, as the case may be.'' See 19 CFR 
351.213(d)(3).
    On March 24, 2011, after having first reported unliquidated (but 
not necessarily suspended) entries during the POR, Toyo timely claimed 
that it made no sales of subject merchandise during the POR. See letter 
from Toyo to the Secretary of Commerce entitled

[[Page 55004]]

``Administrative Review of the Antidumping Order on Carbazole Violet 23 
Pigment from the People's Republic of China; Toyo Ink Mfg. Co., Ltd.'' 
dated March 24, 2011; see also letter from Toyo to the Secretary of 
Commerce entitled ``Administrative Review of the Antidumping Order on 
Carbazole Violet 23 Pigment from the People's Republic of China; 
Response of Toyo Ink Mfg. Co., Ltd. To Questionnaire of January 28, 
2011'' dated February 7, 2011.
    The Department's CBP data query confirmed, and we preliminarily 
conclude, that there were no reviewable entries of the subject 
merchandise during the period covered by this administrative review. We 
received no other requests for review of the Order for this POR. 
Therefore, in accordance with 19 CFR 351.213(d)(3), we preliminarily 
determine to rescind this review.

Comments

    Interested parties are invited to comment on these preliminary 
results and may submit case briefs and/or written comments within 30 
days of the date of publication of this notice, unless otherwise 
notified by the Department. See 19 CFR 351.309(c)(ii). Rebuttal briefs, 
limited to issues raised in the case briefs, will be due five days 
later, pursuant to 19 CFR 351.309(d). Parties who submit case or 
rebuttal briefs in these proceedings are requested to submit with each 
argument: (1) A statement of the issue; and (2) a brief summary of the 
argument. Parties are requested to provide a summary of the arguments 
not to exceed five pages and a table of statutes, regulations, and 
cases cited. Additionally, parties are requested to provide their case 
and rebuttal briefs in electronic format (preferably in Microsoft 
Word).
    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. See 19 CFR 351.310(c). Issues 
raised in the hearing will be limited to those raised in case and 
rebuttal briefs. The Department will issue the final results of this 
administrative review, including the results of its analysis of issues 
raised in any such written briefs, not later than 120 days after these 
preliminary results are issued, unless the final results are extended. 
See 19 CFR 351.213(h).

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this 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.
    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 
1930, as amended, and 19 CFR 351.213(h) and 351.221(b)(4).

    Dated: August 29, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-22744 Filed 9-2-11; 8:45 am]
BILLING CODE 3510-DS-P