Carbazole Violet Pigment 23 From India: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 64529-64530 [2018-27243]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Notices]
[Pages 64529-64530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27243]



[[Page 64529]]

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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-838]


Carbazole Violet Pigment 23 From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Pidilite Industries Limited (Pidilite), producer/exporter of 
carbazole violet pigment 23 (CVP 23) from India, did not sell subject 
merchandise at prices below normal value (NV) during the period of 
review (POR) December 1, 2016, through November 30, 2017.

DATES: Applicable December 17, 2018.

FOR FURTHER INFORMATION CONTACT: 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) 482-2623.

SUPPLEMENTARY INFORMATION:

Scope of the Order \1\
---------------------------------------------------------------------------

    \1\ 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).
---------------------------------------------------------------------------

    The merchandise covered by the Order is CVP-23 identified as Color 
Index No. 51319 and Chemical Abstract No. 6358-30-1, with the chemical 
name of diindolo [3,2-b:3',2'-m] \2\ 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.
---------------------------------------------------------------------------

    \2\ 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.

Methodology

    We are conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is calculated in accordance with section 772 
of the Act. NV is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.\3\ The 
Preliminary 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 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an Appendix to this 
notice.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Carbazole Violet 
Pigment 23 from India; 2016-2017,'' dated concurrently with these 
results and hereby adopted by this notice.
---------------------------------------------------------------------------

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin of 0.00 percent exists for Pidilite for 
the period December 1, 2016, through November 30, 2017.

Disclosure and Public Comment

    We intend to disclose the calculations performed in connection with 
these preliminary results to interested parties within five days of the 
date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\4\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\5\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. Case and rebuttal briefs 
should be filed using ACCESS.\6\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309(c)(1)(ii).
    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    All submissions to Commerce must be filed electronically using 
ACCESS and must also be served on interested parties.\7\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time on the date that the document is due.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\8\ 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. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), Commerce intends 
to issue the final results of this administrative review, including the 
results of its analysis of issues raised in any written briefs, not 
later than 120 days after the date of publication of this notice.\9\
---------------------------------------------------------------------------

    \9\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess upon issuance of 
the final results, antidumping duties on all appropriate entries 
covered by this review.\10\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    If Pidilite's calculated weighted-average dumping margin is above 
de minimis in the final results of this review, we will calculate 
importer-

[[Page 64530]]

specific ad valorem duty assessment rates based on the ratio of the 
total amount of antidumping duties calculated for the examined sales to 
the total entered value of the examined sales to that importer, and we 
will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review. If Pidilite's weighted-average dumping 
margin continues to be zero or de minimis, or the importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\11\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    In accordance with our ``automatic assessment'' practice, for 
entries of subject merchandise during the POR produced by Pidilite for 
which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate.\12\
---------------------------------------------------------------------------

    \12\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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 final results of administrative review for 
all 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) The cash deposit rate 
for Pidilite will be the rate established in the final results of this 
review, except if the rate is de minimis within the meaning of 19 CFR 
351.106(c)(1) (i.e., less than 0.50 percent), in which case the cash 
deposit rate will be zero; (2) for merchandise exported by 
manufacturers or exporters not covered in this review but covered in a 
prior completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently-completed segment; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recently-completed segment for the manufacturer of the 
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 less-than-fair-value investigation.\13\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \13\ See Order.
---------------------------------------------------------------------------

Notification to Importers

    This notice also 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 results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: December 11, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Discussion of the Methodology
    A. Comparisons to Normal Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    B. Date of Sale
    C. Product Comparisons
    D. Constructed Export Price
    E. Normal Value
    1. Home Market Viability and Selection of Comparison Market
    2. Level of Trade (LOT)
    F. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    G. Calculation of NV Based on Comparison Market Prices
    H. Currency Conversion
IV. Recommendation

[FR Doc. 2018-27243 Filed 12-14-18; 8:45 am]
 BILLING CODE 3510-DS-P