Carbazole Violet Pigment 23 From India: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 5394-5396 [2020-01695]
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5394
Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
included in this exclusion should be read or
understood to have applicability to any other
aspect of this scope or to have applicability
to or to exclude any product, part, or
component other than those specifically
identified in the exclusion.
9. Also excluded from the scope of the
investigation are Shuttering, Formworks,
Propping and Shoring and parts and
accessories thereof that comply with ANSI/
ASSE A10.9—Safety Requirements for
Concrete and Masonry Work and ACI–347—
Recommended Practice for Concrete
Formwork. For Shoring and propping made
from tube, the outside diameter of the tubing
covered by this exclusion ranges from 48mm
to 250mm. For Shuttering and Formworks,
the panel sizes covered by this exclusion
range from 25mm X 600mm to 3000mm X
3000mm.
10. Also excluded from the scope of the
investigation are consumer items for do-ityourself assembly that are prepackaged for
retail sale. For the purposes of this exclusion,
prepackaged for retail sale means that, at the
time of importation, all components
necessary to assemble the merchandise,
including all steel components, all accessory
parts (e.g., screws, bolts, washers, nails), and
instructions providing guidance on the
assembly of the finished merchandise or
directions on where to find such instructions,
are enclosed in retail packaging, such that an
end-use, retail consumer could assemble the
completed product with no additional
components. The items may enter the United
States in one or in multiple retail packages
as long as all of the components are imported
together.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under subheadings: 7308.90.3000,
7308.90.6000, and 7308.90.9590.
The products subject to the investigation
may also enter under the following HTSUS
subheadings: 7216.91.0010, 7216.91.0090,
7216.99.0010, 7216.99.0090, 7222.40.6000,
7228.70.6000, 7301.10.0000, 7301.20.1000,
7301.20.5000, 7308.40.0000, 7308.90.9530,
and 9406.90.0030.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of Investigation
IV. Scope Comments
V. Changes Since the Preliminary
Determination
VI. Discussion of the Issues
General
Comment 1: Reporting Requirements for
U.S. Sales
Comment 2: Remove Home-Market Projects
Outside the Reporting Requirements for
U.S. Sales in the Constructed Value
Profit Calculation
BSM
Comment 3: Whether BSM Failed To
Report Accurate and Reliable U.S. Prices,
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16:56 Jan 29, 2020
Jkt 250001
and Whether To Apply Adverse Facts
Available to BSM
Comment 4: Whether BSM Should Report
the Value of Subject Merchandise
Through a Section E Questionnaire
Response
Comment 5: Valuation of an Order
Associated With Two Different Sales
Comment 6: Whether BSM Double Counted
Revenue for an Order
Comment 7: Alternate Differential Pricing
Analysis
Comment 8: Grant CEP Offset
Comment 9: CEP Profit Rate Calculation
Comment 10: Whether Commerce Should
Use BSM’s Reported Date of Sale
Comment 11: Whether Commerce Should
Use the Revised Indirect Selling Expense
Ratio for Components Segment Sales
Comment 12: BSM’s Affiliated Party Input
Purchases
Comment 13: CV Profit Rate Used for BSM
Comment 14: BSM’s Financial Expense
Ratio
Comment 15: Adjustments Required by
Mexican Financial Reporting Standards
(MFRS)
Comment 16: Application of Partial Facts
Available With Adverse Inferences
Corey
Comment 17: Whether Corey’s Hudson
Yards Tower A Project Sale Fell Within
the POI
Comment 18: Whether To Rescind
Voluntary Respondent Treatment of
Corey
Comment 19: Adjust Corey’s Report Costs
To Account for All Affiliated Purchases
Comment 20: Subtract Scrap Revenue
From Total Cost of Manufacturing
VII. Recommendation
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2623.
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2019, in accordance
with 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of an
administrative review of the
antidumping duty order on CVP 23 from
India.1 Commerce exercised its
discretion to toll all deadlines affected
by the partial federal government
closure from December 22, 2018 through
the resumption of operations on January
29, 2019.2 The revised deadline for the
preliminary results in this
administrative review was October 3,
2019.3 Subsequently, on August 15,
2019, Commerce postponed the
deadline for the preliminary results of
this administrative review until January
31, 2020, in accordance with section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2).4
Scope of the Order 5
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] 6 triphenodioxazine, 8,18-dichloro-5,
15-diethy-5, 15-dihydro-, and molecular
[FR Doc. 2020–01722 Filed 1–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–838]
Carbazole Violet Pigment 23 From
India: Preliminary Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Pidilite Industries Limited
(Pidilite), a 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, 2017 through
November 30, 2018.
DATES: Applicable January 30, 2020.
FOR FURTHER INFORMATION CONTACT:
George Ayache, AD/CVD Operations,
Office VIII, Enforcement and
AGENCY:
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1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
9297 (March 14, 2019).
2 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
for Enforcement and Compliance, ‘‘Deadlines
Affected by the Partial Shutdown of the Federal
Government,’’ dated January 28, 2019. All deadlines
in this segment of the proceeding have been
extended by 40 days.
3 See Memorandum to the Record from Irene
Darzenta Tzafolias, Director, Office VIII,
Antidumping and Countervailing Duty Operations,
‘‘December Order Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
August 7, 2019.
4 See Memorandum to James Maeder, Deputy
Assistance Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Carbazole Violet
Pigment 23 from India: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated August 15, 2019.
5 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).
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
‘‘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.
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
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.
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.7 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 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.
khammond on DSKJM1Z7X2PROD with NOTICES
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, 2017 through
November 30, 2018.
Disclosure and Public Comment
We intend to disclose the calculations
performed in connection with these
7 See
Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Carbazole Violet Pigment
23 from India; 2017–2018,’’ dated concurrently
with, and hereby adopted by, this notice.
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16:56 Jan 29, 2020
Jkt 250001
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.8
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.9 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.10
All submissions to Commerce must be
filed electronically using ACCESS and
must also be served on interested
parties.11 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.
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.12 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.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) 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.13
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
10 See 19 CFR 351.303.
11 See 19 CFR 351.303(f).
12 See 19 CFR 351.310(c).
13 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
5395
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.14
If Pidilite’s calculated weightedaverage dumping margin is above de
minimis in the final results of this
review, we will calculate importerspecific 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 weightedaverage dumping margin continues to be
zero or de minimis, or the importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.15
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.16
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-
8 See
9 See
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Frm 00029
Fmt 4703
Sfmt 4703
14 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
16 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See
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5396
Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
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, then 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.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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.
Notification to Interested Parties
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: January 24, 2020.
Jeffrey I. Kessler,
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
IV. Recommendation
[FR Doc. 2020–01695 Filed 1–29–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[RTID 0648–XR086]
Endangered and Threatened Species;
Recovery Plans
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
17 See
Order.
VerDate Sep<11>2014
16:56 Jan 29, 2020
Jkt 250001
Notice of availability; request
for comments.
ACTION:
This notice announces the
availability of the Black Abalone
(Haliotis cracherodii) Draft Recovery
Plan (Plan) for public review. NMFS is
soliciting review and comment from the
public and all interested parties on the
Plan, and will consider all substantive
comments received during the review
period before submitting the Plan for
final approval.
DATES: Comments and information on
the draft Plan must be received by close
of business on March 30, 2020.
ADDRESSES: You may submit comments
on this document by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal at
www.regulations.gov/. The Docket
Number is: NOAA–NMFS–2020–0016.
Click the ‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
the National Marine Fisheries Service,
Attn: Black Abalone Recovery Team,
501 West Ocean Boulevard, Suite 4200,
Long Beach, CA 90802.
Instructions: You must submit
comments by one of the above methods
to ensure that we receive, document,
and consider them. Comments sent by
any other method, to any other address
or individual, or received after the end
of the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible.
The draft recovery plan is available
online at: https://
www.fisheries.noaa.gov/resource/
document/recovery-plan-outline-blackabalone.
FOR FURTHER INFORMATION CONTACT:
NMFS West Coast Region Protected
Resources Division: Susan Wang at
(562) 980–4199 or Susan.Wang@
noaa.gov; or Melissa Neuman at (562)
980–4115 or Melissa.Neuman@
noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On January 14, 2009, we, NMFS,
listed the black abalone as an
endangered species under the
Endangered Species Act (74 FR 1937).
This determination was based on the
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Fmt 4703
Sfmt 4703
high risk of extinction faced by black
abalone due to low abundance, low
growth and productivity, compromised
spatial structure and population
connectivity, loss of genetic diversity,
and the continued threat of the disease
called withering syndrome. This disease
was identified as the primary threat
contributing to the decline of black
abalone. This determination was based
on a suite of risks that black abalone
face, including: (1) A disease called
withering syndrome that caused mass
mortalities of populations throughout a
large portion of the species’ range; (2)
low adult densities below the critical
threshold needed for successful
spawning and recruitment; (3) elevated
water temperatures that accelerate the
spread of withering syndrome; (4) loss
of genetic diversity making populations
less able to adapt to environmental
changes; and (5) illegal harvest. On
October 27, 2011, we designated critical
habitat for black abalone throughout the
coast of California (76 FR 66806). In
2013, we convened a recovery team to
assist the NMFS West Coast Region with
developing the draft recovery plan. We
completed a recovery outline in 2016. In
2016, we announced initiation of a fiveyear review for black abalone (81 FR
93902). We completed the five-year
review in 2018 and determined that
black abalone should remain listed as
endangered under the ESA. The fiveyear review is available at: https://
www.fisheries.noaa.gov/resource/
document/endangered-species-act-5year-status-review-black-abalonehaliotis-cracherodii.
Draft Recovery Plan
Recovery plans describe actions
beneficial to the conservation and
recovery of species listed under the ESA
of 1973, as amended (16 U.S.C. 1531 et
seq.). Section 4(f)(1) of the ESA requires
that recovery plans incorporate, to the
maximum extent practicable: (1) A
description of such site-specific
management actions as may be
necessary to achieve the plan’s goals for
the conservation and survival of the
species; (2) objective, measurable
criteria which, when met, would result
in a determination that the species be
removed from the list; and (3) estimates
of the time required and the cost
necessary to carry out those measures
needed to achieve the plan’s goal and to
achieve intermediate steps toward that
goal. The ESA requires the development
of recovery plans for each listed species
unless such a plan would not promote
the conservation of the species.
The NMFS West Coast Region
developed the Plan for black abalone in
cooperation with a recovery team made
E:\FR\FM\30JAN1.SGM
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Agencies
[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5394-5396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01695]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-838]
Carbazole Violet Pigment 23 From India: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Pidilite Industries Limited (Pidilite), a 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, 2017 through November 30, 2018.
DATES: Applicable January 30, 2020.
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:
Background
On March 14, 2019, in accordance with 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of an administrative review of the
antidumping duty order on CVP 23 from India.\1\ Commerce exercised its
discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018 through the resumption of
operations on January 29, 2019.\2\ The revised deadline for the
preliminary results in this administrative review was October 3,
2019.\3\ Subsequently, on August 15, 2019, Commerce postponed the
deadline for the preliminary results of this administrative review
until January 31, 2020, in accordance with section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2).\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 9297 (March 14, 2019).
\2\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations for Enforcement and Compliance, ``Deadlines Affected by
the Partial Shutdown of the Federal Government,'' dated January 28,
2019. All deadlines in this segment of the proceeding have been
extended by 40 days.
\3\ See Memorandum to the Record from Irene Darzenta Tzafolias,
Director, Office VIII, Antidumping and Countervailing Duty
Operations, ``December Order Deadlines Affected by the Partial
Shutdown of the Federal Government,'' dated August 7, 2019.
\4\ See Memorandum to James Maeder, Deputy Assistance Secretary
for Antidumping and Countervailing Duty Operations, ``Carbazole
Violet Pigment 23 from India: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August
15, 2019.
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ 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] \6\ triphenodioxazine, 8,18-dichloro-
5, 15-diethy-5, 15-dihydro-, and molecular
[[Page 5395]]
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.
---------------------------------------------------------------------------
\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
``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.\7\ 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
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.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Carbazole Violet
Pigment 23 from India; 2017-2018,'' dated concurrently with, 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, 2017 through November 30, 2018.
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.\8\ 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.\9\ 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.\10\
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.303.
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All submissions to Commerce must be filed electronically using
ACCESS and must also be served on interested parties.\11\ 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.
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\11\ See 19 CFR 351.303(f).
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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.\12\ 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.
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\12\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) 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.\13\
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\13\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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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.\14\
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\14\ See 19 CFR 351.212(b)(1).
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If Pidilite's calculated weighted-average dumping margin is above
de minimis in the final results of this review, we will calculate
importer-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.\15\
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\15\ See 19 CFR 351.106(c)(2).
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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.\16\
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\16\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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-
[[Page 5396]]
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, then 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.\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ See Order.
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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.
Notification to Interested Parties
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: January 24, 2020.
Jeffrey I. Kessler,
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
IV. Recommendation
[FR Doc. 2020-01695 Filed 1-29-20; 8:45 am]
BILLING CODE 3510-DS-P