Carbazole Violet Pigment From India and the People's Republic of China: Continuation of the Antidumping Duty Orders and Countervailing Duty Order, 71773-71774 [2015-29361]

Download as PDF Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices Dated: November 9, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. mstockstill on DSK4VPTVN1PROD with NOTICES Appendix I Scope of the Order The merchandise covered by the order is certain steel nails having a nominal shaft length not exceeding 12 inches.3 Certain steel nails include, but are not limited to, nails made from round wire and nails that are cut from flat-rolled steel. Certain steel nails may be of one piece construction or constructed of two or more pieces. Certain steel nails may be produced from any type of steel, and may have any type of surface finish, head type, shank, point type and shaft diameter. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, including but not limited to electroplating or hot dipping one or more times), phosphate, cement, and paint. Certain steel nails may have one or more surface finishes. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted. Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the nail using a tool that engages with the head. Point styles include, but are not limited to, diamond, needle, chisel and blunt or no point. Certain steel nails may be sold in bulk, or they may be collated in any manner using any material. Excluded from the scope of this investigation are certain steel nails packaged in combination with one or more non-subject articles, if the total number of nails of all types, in aggregate regardless of size, is less than 25. If packaged in combination with one or more non-subject articles, certain steel nails remain subject merchandise if the total number of nails of all types, in aggregate regardless of size, is equal to or greater than 25, unless otherwise excluded based on the other exclusions below. Also excluded from the scope are certain steel nails with a nominal shaft length of one inch or less that are (a) a component of an unassembled article, (b) the total number of nails is sixty (60) or less, and (c) the imported unassembled article falls into one of the following eight groupings: (1) builders’ joinery and carpentry of wood that are classifiable as windows, French-windows and their frames; (2) builders’ joinery and carpentry of wood that are classifiable as doors and their frames and thresholds; (3) swivel seats with variable height adjustment; (4) seats that are convertible into beds (with the exception of those classifiable as garden seats or camping equipment); (5) seats of cane, osier, bamboo or similar materials; (6) other seats with wooden frames (with the exception of seats of a kind used for aircraft or motor vehicles); (7) furniture (other than seats) of wood (with the exception of i) medical, surgical, dental or veterinary furniture; and ii) barbers’ chairs and similar chairs, having rotating as well as both reclining and elevating movements); or (8) furniture (other than seats) of materials other than wood, metal, or plastics (e.g., furniture of cane, osier, bamboo or similar materials). The aforementioned imported unassembled articles are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 9403.89. Also excluded from the scope of this changed circumstances review are steel nails that meet the specifications of Type I, Style 20 nails as identified in Tables 29 through 33 of ASTM Standard F1667 (2013 revision). Also excluded from the scope of this changed circumstances review are nails suitable for use in powder-actuated hand tools, whether or not threaded, which are currently classified under HTSUS subheadings 7317.00.20.00 and 7317.00.30.00. Also excluded from the scope of this changed circumstances review are nails having a case hardness greater than or equal to 50 on the Rockwell Hardness C scale (HRC), a carbon content greater than or equal to 0.5 percent, a round head, a secondary reduced-diameter raised head section, a centered shank, and a smooth symmetrical point, suitable for use in gas-actuated hand tools. Also excluded from the scope of this changed circumstances review are corrugated nails. A corrugated nail is made up of a small strip of corrugated steel with sharp points on one side. Also excluded from the scope of this changed circumstances review are thumb tacks, which are currently classified under HTSUS subheading 7317.00.10.00. Certain steel nails subject to this changed circumstances review are currently classified under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain steel nails subject to this changed circumstances review also may be classified under HTSUS subheading 8206.00.00.00 or other HTSUS subheadings. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this changed circumstances review is dispositive. [FR Doc. 2015–29364 Filed 11–16–15; 8:45 am] BILLING CODE 3510–DS–P 3 The shaft length of certain steel nails with flat heads or parallel shoulders under the head shall be measured from under the head or shoulder to the tip of the point. The shaft length of all other certain steel nails shall be measured overall. VerDate Sep<11>2014 18:14 Nov 16, 2015 Jkt 238001 PO 00000 71773 DEPARTMENT OF COMMERCE International Trade Administration [A–533–838, C–533–839, and A–570–892] Carbazole Violet Pigment From India and the People’s Republic of China: Continuation of the Antidumping Duty Orders and Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) and the International Trade Commission (the ITC) have determined that revocation of the antidumping duty (AD) orders on carbazole violet pigment (CVP–23) from the People’s Republic of China (PRC) and India would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States. The Department and the ITC have also determined that revocation of the countervailing duty (CVD) order on CVP–23 from India would likely lead to continuation or recurrence of net countervailable subsidies and material injury to an industry in the United States. Therefore, the Department is publishing a notice of continuation for these AD and CVD orders. AGENCY: DATES: Effective Date: November 17, 2015. FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar (AD Orders), AD/CVD Operations, Office VII, or Jacqueline Arrowsmith (CVD Order), AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3857 or (202) 482– 5255, respectively. SUPPLEMENTARY INFORMATION: Background On April 1, 2015, the Department initiated 1 and the ITC instituted 2 fiveyear (sunset reviews) of the AD and CVD orders on CVP–23 from India and the PRC,3 pursuant to section 751(c) of 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 80 FR 17388 (April 1, 2015). 2 See Carbazole Violet Pigment 23 From China and India: Institution of Five-Year Reviews, 80 FR 17493 (April 1, 2015). 3 See Antidumping Duty Order: Carbazole Violet Pigment 23 From the People’s Republic of China, 69 FR 77987, (December 29, 2004) and Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Carbazole Violet Pigment 23 From India, 69 FR 77988, (December 29, 2004), see also Notice of Countervailing Duty Order: Carbazole Violet Continued Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1 71774 Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices the Tariff Act of 1930, as amended (the Act). As a result of its reviews, the Department determined that revocation of the AD orders from the PRC and India would likely lead to continuation or recurrence of dumping and that revocation of the CVD order from India would likely lead to continuation or recurrence of net countervailable subsidies. Therefore, the Department notified the ITC of the magnitude of the margins and the subsidy rates likely to prevail should the orders be revoked, pursuant to sections 751(c)(1) and 752(b) and (c) of the Act.4 On November 6, 2015, the ITC published its determination that revocation of the AD order on CVP–23 from India and the PRC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, pursuant to section 751(c) of the Act.5 Scope of the Order mstockstill on DSK4VPTVN1PROD with NOTICES The merchandise subject to this countervailing duty order is CVP–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] 6 triphenodioxazine, 8,18dichloro-5, 15-diethy-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., pigments dispersed in oleoresins, flammable solvents, water) are not included within the scope of the investigation. The merchandise subject to this countervailing duty order is classifiable under subheading 3204.17.9040 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this order is dispositive. Pigment 23 From India, 69 FR 77995, (December 29, 2004). 4 See Carbazole Violet Pigment 23 From India and the People’s Republic of China: Final Results of Expedited Second Sunset Reviews of Antidumping Duty Orders, 80 FR 46955, (August 6, 2015) and Carbazole Violet Pigment 23 From India: Final Results of Expedited Second Sunset Review of the Countervailing Duty Order, 80 FR 47462, (August 7, 2015). 5 See Carbazole Violet Pigment 23 From China and India; Determinations, 80 FR 68878 (November 6, 2015). 6 The bracketed section of the product description, [3,2-b:3′,2′-m], is not business proprietary information. In this case, the brackets are simply part of the chemical nomenclature. See December 4, 2003, amendment to petition at 8. VerDate Sep<11>2014 18:14 Nov 16, 2015 Jkt 238001 During this sunset review period, there was one scope ruling completed between October 1, 2011, and December 31, 2011.7 The scope ruling was requested by Petitioners. On October 14, 2011, we determined that finished carbazole violet pigment exported from Japan, made from crude carbazole violet pigment from India, is within the scope of the CVD Order. Continuation of the Orders As a result of the determinations by the Department and the ITC that revocation of the AD orders would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States and revocation of the CVD order would likely lead to continuation or recurrence of countervailable subsidies and material injury to an industry in the United States. Pursuant to section 75l(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby orders the continuation of the AD orders on CVP–23 from India and the PRC, and the CVD order on CVP–23 from India. U.S. Customs and Border Protection will continue to collect AD and CVD 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 AD order and CVD order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of this continuation notice. These five-year sunset reviews and this notice are in accordance with section 751(c) and 751(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: November 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–29361 Filed 11–16–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 150904820–5820–01] RIN 0648–BF34 Endangered and Threatened Species; Determination on the Designation of Critical Habitat for Three Scalloped Hammerhead Shark Distinct Population Segments National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of critical habitat determination. AGENCY: We, NMFS, find that there are no marine areas within the jurisdiction of the United States that meet the definition of critical habitat for the Central and Southwest (Central & SW) Atlantic Distinction Population Segment (DPS), Indo-West Pacific DPS, or Eastern Pacific DPS of scalloped hammerhead shark. Based on a comprehensive review of the best available scientific and commercial data for use in the identification of critical habitat, we find that there are no identifiable physical or biological features that are essential to the conservation of these scalloped hammerhead DPSs and found within areas under U.S. jurisdiction, or any areas outside of the geographical area occupied by the listed DPSs under U.S. jurisdiction that are considered essential to their conservation. As such, we find that there are no specific areas under the jurisdiction of the United States that meet the definition of critical habitat. DATES: This finding is made on November 17, 2015. ADDRESSES: Electronic copies of the determination, list of references and supporting documents prepared for this action are available from the NMFS Office of Protected Resources Web site at http://www.fisheries.noaa.gov/pr/ species/fish/scalloped-hammerheadshark.html. SUMMARY: FOR FURTHER INFORMATION CONTACT: Maggie Miller, NMFS, Office of Protected Resources, (301) 427–8403. SUPPLEMENTARY INFORMATION: Background 7 See Notice of Scope Rulings, 77 FR 38767 (June 29, 2012). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 On July 3, 2014, we published a final rule to list the Central and Southwest (Central & SW) Atlantic Distinct Population Segment (DPS) and the IndoWest Pacific DPS of scalloped hammerhead shark (Sphyrna lewini) as threatened species under the E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71773-71774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29361]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-838, C-533-839, and A-570-892]


Carbazole Violet Pigment From India and the People's Republic of 
China: Continuation of the Antidumping Duty Orders and Countervailing 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) and the 
International Trade Commission (the ITC) have determined that 
revocation of the antidumping duty (AD) orders on carbazole violet 
pigment (CVP-23) from the People's Republic of China (PRC) and India 
would likely lead to continuation or recurrence of dumping and material 
injury to an industry in the United States. The Department and the ITC 
have also determined that revocation of the countervailing duty (CVD) 
order on CVP-23 from India would likely lead to continuation or 
recurrence of net countervailable subsidies and material injury to an 
industry in the United States. Therefore, the Department is publishing 
a notice of continuation for these AD and CVD orders.

DATES: Effective Date: November 17, 2015.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar (AD Orders), AD/CVD 
Operations, Office VII, or Jacqueline Arrowsmith (CVD Order), AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3857 or (202) 482-5255, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2015, the Department initiated \1\ and the ITC 
instituted \2\ five-year (sunset reviews) of the AD and CVD orders on 
CVP-23 from India and the PRC,\3\ pursuant to section 751(c) of

[[Page 71774]]

the Tariff Act of 1930, as amended (the Act). As a result of its 
reviews, the Department determined that revocation of the AD orders 
from the PRC and India would likely lead to continuation or recurrence 
of dumping and that revocation of the CVD order from India would likely 
lead to continuation or recurrence of net countervailable subsidies. 
Therefore, the Department notified the ITC of the magnitude of the 
margins and the subsidy rates likely to prevail should the orders be 
revoked, pursuant to sections 751(c)(1) and 752(b) and (c) of the 
Act.\4\
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 80 FR 
17388 (April 1, 2015).
    \2\ See Carbazole Violet Pigment 23 From China and India: 
Institution of Five-Year Reviews, 80 FR 17493 (April 1, 2015).
    \3\ See Antidumping Duty Order: Carbazole Violet Pigment 23 From 
the People's Republic of China, 69 FR 77987, (December 29, 2004) and 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Carbazole Violet Pigment 23 From 
India, 69 FR 77988, (December 29, 2004), see also Notice of 
Countervailing Duty Order: Carbazole Violet Pigment 23 From India, 
69 FR 77995, (December 29, 2004).
    \4\ See Carbazole Violet Pigment 23 From India and the People's 
Republic of China: Final Results of Expedited Second Sunset Reviews 
of Antidumping Duty Orders, 80 FR 46955, (August 6, 2015) and 
Carbazole Violet Pigment 23 From India: Final Results of Expedited 
Second Sunset Review of the Countervailing Duty Order, 80 FR 47462, 
(August 7, 2015).
---------------------------------------------------------------------------

    On November 6, 2015, the ITC published its determination that 
revocation of the AD order on CVP-23 from India and the PRC would 
likely lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time, 
pursuant to section 751(c) of the Act.\5\
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    \5\ See Carbazole Violet Pigment 23 From China and India; 
Determinations, 80 FR 68878 (November 6, 2015).
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Scope of the Order

    The merchandise subject to this countervailing duty 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] \6\ 
triphenodioxazine, 8,18-dichloro-5, 15-diethy-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., 
pigments dispersed in oleoresins, flammable solvents, water) are not 
included within the scope of the investigation. The merchandise subject 
to this countervailing duty order is classifiable under subheading 
3204.17.9040 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, our written description of the scope of this 
order is dispositive.
---------------------------------------------------------------------------

    \6\ The bracketed section of the product description, [3,2-
b:3',2'-m], is not business proprietary information. In this case, 
the brackets are simply part of the chemical nomenclature. See 
December 4, 2003, amendment to petition at 8.
---------------------------------------------------------------------------

    During this sunset review period, there was one scope ruling 
completed between October 1, 2011, and December 31, 2011.\7\ The scope 
ruling was requested by Petitioners. On October 14, 2011, we determined 
that finished carbazole violet pigment exported from Japan, made from 
crude carbazole violet pigment from India, is within the scope of the 
CVD Order.
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    \7\ See Notice of Scope Rulings, 77 FR 38767 (June 29, 2012).
---------------------------------------------------------------------------

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD orders would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States and revocation of the CVD order would likely lead to 
continuation or recurrence of countervailable subsidies and material 
injury to an industry in the United States. Pursuant to section 
75l(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby 
orders the continuation of the AD orders on CVP-23 from India and the 
PRC, and the CVD order on CVP-23 from India. U.S. Customs and Border 
Protection will continue to collect AD and CVD 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 AD order and CVD 
order will be the date of publication in the Federal Register of this 
notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 
CFR 351.218(c)(2), the Department intends to initiate the next five-
year review of these orders not later than 30 days prior to the fifth 
anniversary of the effective date of this continuation notice.
    These five-year sunset reviews and this notice are in accordance 
with section 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: November 9, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-29361 Filed 11-16-15; 8:45 am]
BILLING CODE 3510-DS-P