Carbazole Violet Pigment 23 From India: Rescission of Antidumping Duty Administrative Review; 2021-2022, 29887-29888 [2023-09796]

Download as PDF Federal Register / Vol. 88, No. 89 / Tuesday, May 9, 2023 / Notices definitive measures were put into place), if such a gap period is applicable to the POR. Administrative Protective Orders and Letters of Appearance Interested parties must submit applications for disclosure under administrative protective orders in accordance with the procedures outlined in Commerce’s regulations at 19 CFR 351.305. Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). ddrumheller on DSK120RN23PROD with NOTICES1 Factual Information Requirements Commerce’s regulations identify five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). These regulations require any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. Please review the Final Rule,12 available at www.govinfo.gov/content/pkg/FR2013-07-17/pdf/2013-17045.pdf, prior to submitting factual information in this segment. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.13 12 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 19:27 May 08, 2023 Jkt 259001 Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information using the formats provided at the end of the Final Rule.14 Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable certification requirements. 29887 Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: May 3, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2023–09797 Filed 5–8–23; 8:45 am] BILLING CODE 3510–DS–P Extension of Time Limits Regulation DEPARTMENT OF COMMERCE Parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by Commerce.15 In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10 a.m. on the due date. Examples include, but are not limited to: (1) case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning CBP data; and (5) Q&V questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This policy also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. Please review the Final Rule, available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to submitting factual information in these segments. These initiations and this notice are in accordance with section 751(a) of the International Trade Administration 14 See section 782(b) of the Act; see also Final Rule; and the frequently asked questions regarding the Final Rule, available at https:// enforcement.trade.gov/tlei/notices/factual_info_ final_rule_FAQ_07172013.pdf. 15 See 19 CFR 351.302. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 [A–533–838] Carbazole Violet Pigment 23 From India: Rescission of Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on carbazole violet pigment 23 from India for the period of review (POR) December 1, 2021, through November 30, 2022, based on the timely withdrawal of the request for review and evidence of no suspended entries during the POR. DATES: Applicable May 9, 2023. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Henry Wolfe, 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) 482–5973 or (202) 482–0574, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 1, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the order on carbazole violet pigment 23 from India.1 On December 22, 2022, Meghmani LLP, an exporter of subject merchandise, and Meghmani Pigments, an importer of subject merchandise, (collectively Meghmani) requested an administrative review of the order for the POR.2 On December 30, 2022, Navpad Pigments Pvt. Ltd. (Navpad), a producer and exporter of the subject merchandise, requested an administrative review of the order for 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 87 FR 73752 (December 1, 2022). 2 See Meghmani’s Letter, ‘‘Request for Administrative Review,’’ dated December 2, 2022. E:\FR\FM\09MYN1.SGM 09MYN1 29888 Federal Register / Vol. 88, No. 89 / Tuesday, May 9, 2023 / Notices the POR.3 Pursuant to these requests, Commerce initiated an administrative review with respect to Meghmani and Navpad, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).4 On February 6, 2023, we placed U.S. Customs and Border Protection (CBP) data on the record indicating that Navpad had no entries of subject merchandise during the POR, and permitting parties to comment on the data.5 On February 15, 2023, Navpad submitted comments on the CBP data placed on the record.6 On March 8, 2023, Meghmani timely withdrew its request for the review.7 No other party requested an administrative review of Meghmani. On March 13, 2023, we issued a memorandum notifying the parties of our intention to rescind the administrative review with respect on Navpad based on the fact that it had no suspended entries during the POR.8 On March 20, 2023, Navpad submitted comments objecting to our rescission intention with respect to it.9 Scope of the Order The products covered by the order are carbazole violet pigment 23. For a complete description of the scope of the order, see the Issues and Decision Memorandum.10 ddrumheller on DSK120RN23PROD with NOTICES1 Analysis of Comments Received Commerce addressed the issue raised in response to its Intent to Rescind Memorandum in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty 3 See Navpad’s Letter, ‘‘Antidumping Duty Administrative Review Request,’’ dated December 30, 2022. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 7060 (February 2, 2023). 5 See Memorandum, ‘‘Customs and Border Protection Data for Respondent Selection,’’ dated February 6, 2023. 6 See Navpad’s Letter, ‘‘Comments on CBP Data and Respondent Selection,’’ dated February 15, 2023. 7 See Meghmani’s Letter, ‘‘Withdrawal of Request for Administrative Review,’’ dated March 8, 2023. 8 See Memorandum, ‘‘Intent to Rescind Review,’’ dated March 13, 2023 (Intent to Rescind Memorandum). 9 See Navpad’s Letter, ‘‘Comments in Notice of Intent to Rescind,’’ dated March 20, 2023. 10 See Memorandum, ‘‘Issues and Decision Memorandum for the Rescission of the Antidumping Duty Administrative Review: Carbazole Violet Pigment 23 from India; 2021– 2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 19:27 May 08, 2023 Jkt 259001 Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. December 1, 2021, through November 30, 2022, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after publication of this notice in the Federal Register. Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested a review withdraws its request within 90 days of the date of publication of the notice of initiation. As stated above, Meghmani withdrew its request for an administrative review by the established 90-day deadline and there were no other requests for review of Meghmani. Additionally, pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review, in whole or only with respect to a particular exporter or producer, if the Secretary concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise, as the case may be. Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate for the review period.11 Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the calculated antidumping duty assessment rate for the review period. As noted above, there were no suspended entries of subject merchandise from Navpad during the POR for Commerce to review. Based on the foregoing facts, Commerce is rescinding this review in its entirety for Meghmani and Navpad, in accordance with 19 CFR 351.213(d)(1) and (3), respectively. This notice serves as the only reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during the review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping duties and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties. Cash Deposit Requirements As Commerce has proceeded to a final rescission of this administrative review, no cash deposit rates will change. Accordingly, the current cash deposit requirements shall remain in effect until further notice. Assessment Commerce will instruct CBP to assess antidumping duties on all appropriate entries at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period Notification to Importers Notification Regarding Administrative Protective Orders 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 APO in accordance with 19 CFR 351.305(a)(3), 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 which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4). Dated: May 3, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issue Comment: Rescission of the Administrative Review V. Recommendation [FR Doc. 2023–09796 Filed 5–8–23; 8:45 am] 11 See PO 00000 19 CFR 351.212(b)(1). Frm 00009 Fmt 4703 Sfmt 9990 BILLING CODE 3510–DS–P E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Pages 29887-29888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09796]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-838]


Carbazole Violet Pigment 23 From India: Rescission of Antidumping 
Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty order on carbazole violet 
pigment 23 from India for the period of review (POR) December 1, 2021, 
through November 30, 2022, based on the timely withdrawal of the 
request for review and evidence of no suspended entries during the POR.

DATES: Applicable May 9, 2023.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Henry Wolfe, 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) 482-5973 or (202) 
482-0574, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 1, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the order on 
carbazole violet pigment 23 from India.\1\ On December 22, 2022, 
Meghmani LLP, an exporter of subject merchandise, and Meghmani 
Pigments, an importer of subject merchandise, (collectively Meghmani) 
requested an administrative review of the order for the POR.\2\ On 
December 30, 2022, Navpad Pigments Pvt. Ltd. (Navpad), a producer and 
exporter of the subject merchandise, requested an administrative review 
of the order for

[[Page 29888]]

the POR.\3\ Pursuant to these requests, Commerce initiated an 
administrative review with respect to Meghmani and Navpad, in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).\4\ On February 6, 2023, we placed U.S. Customs and Border 
Protection (CBP) data on the record indicating that Navpad had no 
entries of subject merchandise during the POR, and permitting parties 
to comment on the data.\5\ On February 15, 2023, Navpad submitted 
comments on the CBP data placed on the record.\6\ On March 8, 2023, 
Meghmani timely withdrew its request for the review.\7\ No other party 
requested an administrative review of Meghmani. On March 13, 2023, we 
issued a memorandum notifying the parties of our intention to rescind 
the administrative review with respect on Navpad based on the fact that 
it had no suspended entries during the POR.\8\ On March 20, 2023, 
Navpad submitted comments objecting to our rescission intention with 
respect to it.\9\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 73752 (December 1, 2022).
    \2\ See Meghmani's Letter, ``Request for Administrative 
Review,'' dated December 2, 2022.
    \3\ See Navpad's Letter, ``Antidumping Duty Administrative 
Review Request,'' dated December 30, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 7060 (February 2, 2023).
    \5\ See Memorandum, ``Customs and Border Protection Data for 
Respondent Selection,'' dated February 6, 2023.
    \6\ See Navpad's Letter, ``Comments on CBP Data and Respondent 
Selection,'' dated February 15, 2023.
    \7\ See Meghmani's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated March 8, 2023.
    \8\ See Memorandum, ``Intent to Rescind Review,'' dated March 
13, 2023 (Intent to Rescind Memorandum).
    \9\ See Navpad's Letter, ``Comments in Notice of Intent to 
Rescind,'' dated March 20, 2023.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are carbazole violet pigment 23. 
For a complete description of the scope of the order, see the Issues 
and Decision Memorandum.\10\
---------------------------------------------------------------------------

    \10\ See Memorandum, ``Issues and Decision Memorandum for the 
Rescission of the Antidumping Duty Administrative Review: Carbazole 
Violet Pigment 23 from India; 2021-2022,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    Commerce addressed the issue raised in response to its Intent to 
Rescind Memorandum in the Issues and Decision Memorandum. A list of 
topics discussed in the Issues and Decision Memorandum is included as 
the appendix to this notice. 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. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws its request within 90 days of the date of 
publication of the notice of initiation. As stated above, Meghmani 
withdrew its request for an administrative review by the established 
90-day deadline and there were no other requests for review of 
Meghmani.
    Additionally, pursuant to 19 CFR 351.213(d)(3), Commerce will 
rescind an administrative review, in whole or only with respect to a 
particular exporter or producer, if the Secretary concludes that, 
during the period covered by the review, there were no entries, 
exports, or sales of the subject merchandise, as the case may be. 
Normally, upon completion of an administrative review, the suspended 
entries are liquidated at the antidumping duty assessment rate for the 
review period.\11\ Therefore, for an administrative review to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct U.S. Customs and Border Protection (CBP) to liquidate at 
the calculated antidumping duty assessment rate for the review period. 
As noted above, there were no suspended entries of subject merchandise 
from Navpad during the POR for Commerce to review.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    Based on the foregoing facts, Commerce is rescinding this review in 
its entirety for Meghmani and Navpad, in accordance with 19 CFR 
351.213(d)(1) and (3), respectively.

Cash Deposit Requirements

    As Commerce has proceeded to a final rescission of this 
administrative review, no cash deposit rates will change. Accordingly, 
the current cash deposit requirements shall remain in effect until 
further notice.

Assessment

    Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, during the period December 1, 2021, through 
November 30, 2022, in accordance with 19 CFR 351.212(c)(1)(i). Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after publication of this notice in the Federal Register.

Notification to Importers

    This notice serves as the only reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during the review 
period. Failure to comply with this requirement could result in the 
presumption that reimbursement of antidumping duties and/or 
countervailing duties occurred and the subsequent assessment of doubled 
antidumping duties, and/or an increase in the amount of antidumping 
duties by the amount of the countervailing duties.

Notification Regarding Administrative Protective Orders

    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 APO in accordance with 19 CFR 351.305(a)(3), 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 which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4).

    Dated: May 3, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

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

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue
    Comment: Rescission of the Administrative Review
V. Recommendation

[FR Doc. 2023-09796 Filed 5-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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