Carbazole Violet Pigment 23 from India: Final Results of Antidumping Duty Administrative Review; 2015-2016, 15788-15789 [2018-07616]

Download as PDF 15788 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices and deter the expanding use of traderelated localization measures, practices and other barriers harming the U.S. ICT manufacturing industry. The scope of products included in this strategic review are ICT goods that fall under NAICS codes 3341, 3342, 3343, 3344, 3345, 3346, and 3359; or the following HS codes: 8443, 8471, 8473, 8486, 8504, 8517, 8518, 8519, 8520, 8521, 8522, 8523, 8525, 8528, 8529, 8533, 8534, 8541, 8542, 854420, 854470, 900110, 9030, 903141, 850440, 850450, 850490. The U.S. Department of Commerce invites comments from stakeholders from the private sector, academia, thinktanks, civil society, and other interested parties concerned with the continued growth and competitiveness of the U.S. ICT manufacturing industry in the global economy. Entities making submissions may be contacted for further information or explanation, and, in some cases, meetings with individual submitters may be requested. The Department may also hold additional forums for comment such as roundtables or workshops to attain expanded input for strategy development. Ian Steff, Deputy Assistant Secretary for Manufacturing. [FR Doc. 2018–07584 Filed 4–11–18; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–838] DC 20230; telephone (202) 482–6905 or (202) 482–2623, respectively. SUPPLEMENTARY INFORMATION: Background On December 4, 2017, Commerce published the Preliminary Results of the administrative review of the antidumping duty order on CVP 23 from India.1 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018. As a result, the revised deadline for the final results of this review is now April 6, 2018.2 Scope of the Order The merchandise subject to the Order 3 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] 4 triphenodioxazine, 8,18-dichloro-5, 15-diethy-5, 15-dihydro-, and molecular formula of C34 H22 Cl2 N4 O2. 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 Order. The merchandise subject to the 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, our written description of the scope of the Order is dispositive. Carbazole Violet Pigment 23 from India: Final Results of Antidumping Duty Administrative Review; 2015– 2016 Analysis of Comments Recieved All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum.5 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Pidilite Industries Limited (Pidilite), a producer/exporter of carbazole violet pigment 23 (CVP 23) from India, sold subject merchandise at prices below normal value (NV) during the period of review (POR) December 1, 2015, through November 30, 2016. DATES: Applicable April 12, 2018. FOR FURTHER INFORMATION CONTACT: Irene Gorelik or George Ayache, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 1 See Carbazole Violet Pigment 23 from India: Preliminary Results of Antidumping Duty Administrative Review; 2015–2016, 82 FR 57205 (December 4, 2017) (Preliminary Results) and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days. 3 See 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) (Order). 4 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 ‘‘Amendment to Petition for Antidumping Investigations of China and India and a Countervailing Duty Investigation of India on Imports of Carbazole Violet Pigment 23 in the forms of Crude Pigment, Presscake and Dry Color Pigment,’’ dated December 3, 2003, at 8. 5 See Memorandum, ‘‘Carbazole Violet Pigment 23 from India: Issues and Decision Memorandum sradovich on DSK3GMQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 A list of the issues that parties raised and to which we responded is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties, we have not made changes to the Preliminary Results.6 Because Pidilite withheld requested information, failed to provide information in a timely manner and in the form requested, and significantly impeded this proceeding, we continue to find that Pidilite failed to cooperate to the best of its ability and, accordingly, find it appropriate to assign it a margin based on adverse facts available (AFA) in accordance with sections 776(a)(1) and (a)(2)(A), (B), (C) and 776(b) of the Tariff Act of 1930, as amended. For further discussion, see the Issues and Decision Memorandum. Adjustment for Export Subsidies For Pidilite, in the original investigation, we subtracted the portion of the 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.7 Since the publication of the Antidumping Duty Order, we have not conducted an administrative review of the countervailing duty order on CVP 23 from India.8 Therefore, imports of the subject merchandise from Pidilite during the review period were subject to countervailing duties for export subsidies of 17.02 percent. Accordingly, we have adjusted the dumping margin for the Final Results of the Antidumping Duty Administrative Review; 2015–2016,’’ dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). 6 See Preliminary Results and accompanying Preliminary Decision Memorandum. 7 See Order. 8 See Carbazole Violet Pigment 23 from India: Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 42648 (September 11, 2017). E:\FR\FM\12APN1.SGM 12APN1 15789 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices in accordance with section 772(c)(1)(C) of the Act. Final Results of the Review Commerce determines that, for the period of December 1, 2015, through November 30, 2016, the following dumping margin exists: Exporter/producer Dumping margin (percent) Rate adjusted for export subsidies (percent) Pidilite Industries Limited ......................................................................................................................................... 66.59 49.57 VI. Conclusion Assessment Rates Notification to Importers Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.9 For entries of the subject merchandise from Pidilite, we will instruct CBP to assess antidumping duties at the adjusted rate of 49.57 percent. We intend to issue instructions to CBP 15 days after the date of publication of the final results of this review. 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 POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. sradovich on DSK3GMQ082PROD with NOTICES Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Pidilite will be the rate established in the final results of this review; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment of this proceeding in which the company was reviewed; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recentlycompleted segment of this proceeding for the manufacturer of subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 27.48 percent, the all-others rate established in the LTFV investigation.10 These cash deposit requirements, when imposed, shall remain in effect until further notice. 9 See section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). 10 See Order. VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 Administrative Protective Order In accordance with 19 CFR 351.305(a)(3), this notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or 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 violation subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h). Dated: April 6, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Affiliation IV. Use of Facts Otherwise Available With Adverse Inferences V. Analysis of Comments Comment 1: Whether Pidilite and Its U.S. Customer Are Affiliated Comment 2: Whether To Continue To Apply AFA to Pidilite for the Final Results PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 [FR Doc. 2018–07616 Filed 4–11–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–549–836, C–570–070] Rubber Bands From Thailand and the People’s Republic of China: Postponement of Preliminary Determinations in the Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable April 12, 2018. FOR FURTHER INFORMATION CONTACT: Shanah Lee at (202) 482–6386 (Thailand) and Kristen Johnson at (202) 482–4793 (the People’s Republic of China), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On February 20, 2018, the Department of Commerce (Commerce) initiated countervailing duty (CVD) investigations on rubber bands from Thailand and the People’s Republic of China.1 Currently, the preliminary determinations of these investigations are due no later than April 26, 2018. 1 See Rubber Bands from Thailand, the People’s Republic of China, and Sri Lanka: Initiation of Countervailing Duty Investigations, 83 FR 8429 (February 27, 2018). Pursuant to section 703(a)(1) of the Tariff Act of 1930, as amended, the countervailing duty investigation on rubber bands from Sri Lanka was terminated following the International Trade Commission’s determination that imports of rubber bands from Sri Lanka that are alleged to be sold at less than fair value and subsidized by the government of Sri Lanka are negligible. See Rubber Bands from China, Sri Lanka, and Thailand; Determinations, 83 FR 12594 (March 22, 2018). E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Pages 15788-15789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07616]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-838]


Carbazole Violet Pigment 23 from India: Final Results of 
Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines that Pidilite 
Industries Limited (Pidilite), a producer/exporter of carbazole violet 
pigment 23 (CVP 23) from India, sold subject merchandise at prices 
below normal value (NV) during the period of review (POR) December 1, 
2015, through November 30, 2016.

DATES: Applicable April 12, 2018.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik or George Ayache, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone (202) 482-6905 or (202) 482-
2623, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 4, 2017, Commerce published the Preliminary Results of 
the administrative review of the antidumping duty order on CVP 23 from 
India.\1\ Commerce exercised its discretion to toll all deadlines 
affected by the closure of the Federal Government from January 20 
through January 22, 2018. As a result, the revised deadline for the 
final results of this review is now April 6, 2018.\2\
---------------------------------------------------------------------------

    \1\ See Carbazole Violet Pigment 23 from India: Preliminary 
Results of Antidumping Duty Administrative Review; 2015-2016, 82 FR 
57205 (December 4, 2017) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order \3\ 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] \4\ triphenodioxazine, 8,18-
dichloro-5, 15-diethy-5, 15-dihydro-, and molecular formula of C34 H22 
Cl2 N4 O2. 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 Order.
---------------------------------------------------------------------------

    \3\ See 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) (Order).
    \4\ 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 
``Amendment to Petition for Antidumping Investigations of China and 
India and a Countervailing Duty Investigation of India on Imports of 
Carbazole Violet Pigment 23 in the forms of Crude Pigment, Presscake 
and Dry Color Pigment,'' dated December 3, 2003, at 8.
---------------------------------------------------------------------------

    The merchandise subject to the 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, our written description of the scope 
of the Order is dispositive.

Analysis of Comments Recieved

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum.\5\ A list of the issues that parties raised and to which we 
responded is attached to this notice as an Appendix. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Carbazole Violet Pigment 23 from India: 
Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty Administrative Review; 2015-2016,'' dated 
concurrently with this determination and hereby adopted by this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, we have not made changes to the Preliminary 
Results.\6\ Because Pidilite withheld requested information, failed to 
provide information in a timely manner and in the form requested, and 
significantly impeded this proceeding, we continue to find that 
Pidilite failed to cooperate to the best of its ability and, 
accordingly, find it appropriate to assign it a margin based on adverse 
facts available (AFA) in accordance with sections 776(a)(1) and 
(a)(2)(A), (B), (C) and 776(b) of the Tariff Act of 1930, as amended. 
For further discussion, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

Adjustment for Export Subsidies

    For Pidilite, in the original investigation, we subtracted the 
portion of the 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.\7\ Since the publication of the Antidumping Duty Order, we 
have not conducted an administrative review of the countervailing duty 
order on CVP 23 from India.\8\ Therefore, imports of the subject 
merchandise from Pidilite during the review period were subject to 
countervailing duties for export subsidies of 17.02 percent. 
Accordingly, we have adjusted the dumping margin

[[Page 15789]]

in accordance with section 772(c)(1)(C) of the Act.
---------------------------------------------------------------------------

    \7\ See Order.
    \8\ See Carbazole Violet Pigment 23 from India: Rescission of 
Countervailing Duty Administrative Review; 2015, 82 FR 42648 
(September 11, 2017).
---------------------------------------------------------------------------

Final Results of the Review

    Commerce determines that, for the period of December 1, 2015, 
through November 30, 2016, the following dumping margin exists:

------------------------------------------------------------------------
                                                          Rate adjusted
                                         Dumping margin     for export
           Exporter/producer               (percent)        subsidies
                                                            (percent)
------------------------------------------------------------------------
Pidilite Industries Limited...........           66.59            49.57
------------------------------------------------------------------------

Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review.\9\ For entries of the subject merchandise from Pidilite, we 
will instruct CBP to assess antidumping duties at the adjusted rate of 
49.57 percent.
---------------------------------------------------------------------------

    \9\ See section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of the final results, as provided by section 751(a)(2)(C) of the 
Act: (1) The cash deposit rate for Pidilite will be the rate 
established in the final results of this review; (2) for previously 
reviewed or investigated companies not participating in this review, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently-completed segment of this proceeding in 
which the company was reviewed; (3) if the exporter is not a firm 
covered in this review, a prior review, or the less-than-fair value 
(LTFV) investigation, but the manufacturer is, the cash deposit rate 
will be the rate established for the most recently-completed segment of 
this proceeding for the manufacturer of subject merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters will 
continue to be 27.48 percent, the all-others rate established in the 
LTFV investigation.\10\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \10\ See Order.
---------------------------------------------------------------------------

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 POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a reminder to parties subject to administrative protective order (APO) 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under the APO, which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or 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 violation subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).

    Dated: April 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Affiliation
IV. Use of Facts Otherwise Available With Adverse Inferences
V. Analysis of Comments
    Comment 1: Whether Pidilite and Its U.S. Customer Are Affiliated
    Comment 2: Whether To Continue To Apply AFA to Pidilite for the 
Final Results
VI. Conclusion

[FR Doc. 2018-07616 Filed 4-11-18; 8:45 am]
 BILLING CODE 3510-DS-P
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