Carbazole Violet Pigment 23 From India: Initiation of Countervailing Duty New Shipper Review, 50839-50840 [2023-16466]
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
instrument is intended to be used to
study the creation of four artificial stars
for the purpose of conducting Adaptive
Optics scientific observations. Existing
and upcoming next generation optical
telescopes require highly reliable 589
nm high power lasers—to generate socalled Guide Star Lasers—for the
implementation of adaptive optics
facilities. The four Laser Launch
Telescopes will be used to project these
laser beacons to create a constellation of
artificial laser guide stars on top of the
telescope. The experiments to be
conducted: The four Laser Launch
Telescopes used as an accessory to the
Adaptive Optics system GMAO
(currently in development) will
propagate a constellation of artificial
guide stars to measure the incoming
wavefront. The objectives pursued
during the investigations will be used
on selected nights for selected
astronomical targets in hopes of
attaining better scientific data.
Dated: July 27, 2023.
Gregory W. Campbell,
Director, Subsidies Enforcement and
Economic Analysis, Enforcement and
Compliance.
[FR Doc. 2023–16363 Filed 8–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–839]
Carbazole Violet Pigment 23 From
India: Initiation of Countervailing Duty
New Shipper Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has determined
that a request for a new shipper review
(NSR) of the countervailing duty (CVD)
order on carbazole violet pigment 23
(CVP–23) from India meets the statutory
and regulatory requirements for
initiation. The period of review (POR)
for this NSR is January 1, 2022, through
December 31, 2022.
DATES: Applicable August 2, 2023.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3586.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
19:49 Aug 01, 2023
Jkt 259001
Background
Commerce published the CVD order
on CVP–23 from India on December 29,
2004.1 On January 20, 2023, pursuant to
section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (the Act), and 19
CFR 351.214(c), Commerce received a
timely NSR request from Sudarshan
Chemical Industries Limited (Sudarshan
Chemical).2
In its submission, Sudarshan
Chemical certified that it is the producer
and exporter of the subject merchandise
subject to this NSR request.3 Pursuant to
section 751(a)(2)(B)(I) of the Act and 19
CFR 351.214(b)(2)(i), Sudarshan
Chemical certified that it did not export
CVP–23 to the United States during the
period of investigation (POI).4
Additionally, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Sudarshan
Chemical certified that, since the
initiation of the CVD investigation, it
has not been affiliated with any
producer or exporter that exported
CVP–23 to the United States during the
POI, including those not individually
examined during the CVD
investigation.5
In its submission, pursuant to 19 CFR
351.214(b)(2)(iv), Sudarshan Chemical
certified that it would provide necessary
information related to the unaffiliated
customer in the United States during
this NSR.6 Sudarshan Chemical also
provided a certification by its
unaffiliated customer of its willingness
to participate in this NSR.7
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(v), Sudarshan Chemical
submitted documentation establishing
the following: (1) the date on which the
subject merchandise was first entered,
or withdrawn from warehouse, for
consumption; (2) the volume of its first
shipment and any subsequent
shipments, including whether such
shipments were made in commercial
quantities; and (3) the date of its first
sale and any subsequent sales to an
unaffiliated customer in the United
States.8 Finally, pursuant to 19 CFR
351.214(b)(2)(vi), Sudarshan Chemical
1 See Notice of Countervailing Duty Order:
Carbazole Violet Pigment 23 from India, 69 FR
77995 (December 29, 2004) (Order).
2 See Sudarshan Chemical’s Letter, ‘‘Request for
Initiation of a New Shipper Review of the
Countervailing Duty Order (C–533–839),’’ dated
January 20, 2023 (Sudarshan Chemical’s NSR
Request).
3 Id. at Exhibit 1.
4 Id.
5 Id.
6 Id.
7 Id. at Exhibit 2.
8 Id. at Exhibits C and D.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
50839
submitted a certification that it
informed the Government of India (GOI)
that the GOI will be required to provide
a full response to Commerce’s
questionnaire.
Commerce queried the database of
U.S. Customs and Border Protection
(CBP) to confirm whether the shipment
reported by Sudarshan Chemical had
entered the United States for
consumption and that liquidation had
been suspended as subject to the Order.9
The CBP Entry Data for which
Commerce examined were consistent
with the information submitted by
Sudarshan Chemical in its NSR request.
In particular, the CBP Entry Data
confirmed the price and quantity
reported by Sudarshan Chemical for the
sale that forms the basis for its NSR
request. Finally, Commerce’s
examination of the CBP Entry Data also
leads it to conclude that this sale is a
suspended/Type-3 entry.
Period of Review
In accordance with 19 CFR
351.214(g)(2), in a countervailing duty
proceeding, the POR for an NSR will be
the same period as that specified in 19
CFR 351.213(e)(2) for a CVD
administrative review. Section
351.213(e)(2)(i) of Commerce’s
regulations provides that a CVD
administrative review normally will
cover entries or exports of subject
merchandise during the most recently
completed calendar year. Because
Sudarshan Chemical’s NSR Request was
submitted on January 20, 2023, the POR
for this NSR will be January 1, 2022,
through December 31, 2022 (i.e., the
most recently completed calendar year
prior to the date of Sudarshan
Chemical’s NSR Request).
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(b), and based
on the information on the record,
Commerce finds that Sudarshan
Chemical’s NSR Request meets the
threshold requirements for initiating an
NSR of its shipments of CVP–23 from
India to the United States.10 However, if
the information submitted by Sudarshan
Chemical is later found to be incorrect
or insufficient during the course of this
NSR, Commerce may rescind the review
or apply adverse facts available,
pursuant to section 776 of the Act, as
9 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Data Query Results,’’ dated
May 30, 2023, at Attached Excel Data File (CBP
Entry Data).
10 See, generally, Sudarshan Chemical’s NSR
Request; see also New Shipper Initiation Checklist:
Sudarshan Chemical Industries Limited, dated
concurrently with this notice.
E:\FR\FM\02AUN1.SGM
02AUN1
50840
Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
appropriate. Pursuant to 19 CFR
351.221(c)(1)(i), Commerce will publish
the notice of initiation of an NSR no
later than the last day of the month
following the anniversary or semiannual
anniversary month of the order.
Commerce intends to issue the
preliminary results of this NSR no later
than 180 days from the date of
initiation, and the final results of this
review no later than 90 days after the
date the preliminary results are
issued.11
We intend to conduct this NSR in
accordance with section 751(a)(2)(B) of
the Act.12 Because Sudarshan Chemical
certified that it exported subject
merchandise, the sale of which is the
basis for its NSR request, Commerce
will instruct CBP to suspend, or
continue to suspend, liquidation of all
entries of subject merchandise
produced/or exported by Sudarshan.
Interested parties requiring access to
proprietary information in this NSR
should submit applications for
disclosure under administrative
protective order in accordance with 19
CFR 351.305 and 351.306.
This initiation notice is published in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: July 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–16466 Filed 8–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review and Join
Annual Inquiry Service List
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
11 See
section 751(a)(2)(B)(iii) of the Act.
Act was amended by the Trade Facilitation
Trade Enforcement Act of 2015, which removed
from section 751(a)(2)(B) of the Act the provision
directing Commerce to instruct CBP to allow an
importer the option of posting a bond or security
in lieu of a cash deposit during the pendency of an
NSR. This was also codified in Commerce’s
regulations at 19 CFR 351.214(e).
12 The
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19:49 Aug 01, 2023
Jkt 259001
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to: (a)
identify which companies subject to
review previously were collapsed; and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
E:\FR\FM\02AUN1.SGM
02AUN1
]]>Agencies
[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50839-50840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16466]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-839]
Carbazole Violet Pigment 23 From India: Initiation of
Countervailing Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has determined that
a request for a new shipper review (NSR) of the countervailing duty
(CVD) order on carbazole violet pigment 23 (CVP-23) from India meets
the statutory and regulatory requirements for initiation. The period of
review (POR) for this NSR is January 1, 2022, through December 31,
2022.
DATES: Applicable August 2, 2023.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the CVD order on CVP-23 from India on December
29, 2004.\1\ On January 20, 2023, pursuant to section 751(a)(2)(B)(i)
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c),
Commerce received a timely NSR request from Sudarshan Chemical
Industries Limited (Sudarshan Chemical).\2\
---------------------------------------------------------------------------
\1\ See Notice of Countervailing Duty Order: Carbazole Violet
Pigment 23 from India, 69 FR 77995 (December 29, 2004) (Order).
\2\ See Sudarshan Chemical's Letter, ``Request for Initiation of
a New Shipper Review of the Countervailing Duty Order (C-533-839),''
dated January 20, 2023 (Sudarshan Chemical's NSR Request).
---------------------------------------------------------------------------
In its submission, Sudarshan Chemical certified that it is the
producer and exporter of the subject merchandise subject to this NSR
request.\3\ Pursuant to section 751(a)(2)(B)(I) of the Act and 19 CFR
351.214(b)(2)(i), Sudarshan Chemical certified that it did not export
CVP-23 to the United States during the period of investigation
(POI).\4\ Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the
Act and 19 CFR 351.214(b)(2)(iii)(A), Sudarshan Chemical certified
that, since the initiation of the CVD investigation, it has not been
affiliated with any producer or exporter that exported CVP-23 to the
United States during the POI, including those not individually examined
during the CVD investigation.\5\
---------------------------------------------------------------------------
\3\ Id. at Exhibit 1.
\4\ Id.
\5\ Id.
---------------------------------------------------------------------------
In its submission, pursuant to 19 CFR 351.214(b)(2)(iv), Sudarshan
Chemical certified that it would provide necessary information related
to the unaffiliated customer in the United States during this NSR.\6\
Sudarshan Chemical also provided a certification by its unaffiliated
customer of its willingness to participate in this NSR.\7\
---------------------------------------------------------------------------
\6\ Id.
\7\ Id. at Exhibit 2.
---------------------------------------------------------------------------
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(v), Sudarshan Chemical submitted documentation
establishing the following: (1) the date on which the subject
merchandise was first entered, or withdrawn from warehouse, for
consumption; (2) the volume of its first shipment and any subsequent
shipments, including whether such shipments were made in commercial
quantities; and (3) the date of its first sale and any subsequent sales
to an unaffiliated customer in the United States.\8\ Finally, pursuant
to 19 CFR 351.214(b)(2)(vi), Sudarshan Chemical submitted a
certification that it informed the Government of India (GOI) that the
GOI will be required to provide a full response to Commerce's
questionnaire.
---------------------------------------------------------------------------
\8\ Id. at Exhibits C and D.
---------------------------------------------------------------------------
Commerce queried the database of U.S. Customs and Border Protection
(CBP) to confirm whether the shipment reported by Sudarshan Chemical
had entered the United States for consumption and that liquidation had
been suspended as subject to the Order.\9\ The CBP Entry Data for which
Commerce examined were consistent with the information submitted by
Sudarshan Chemical in its NSR request. In particular, the CBP Entry
Data confirmed the price and quantity reported by Sudarshan Chemical
for the sale that forms the basis for its NSR request. Finally,
Commerce's examination of the CBP Entry Data also leads it to conclude
that this sale is a suspended/Type-3 entry.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data Query Results,'' dated May 30, 2023, at Attached
Excel Data File (CBP Entry Data).
---------------------------------------------------------------------------
Period of Review
In accordance with 19 CFR 351.214(g)(2), in a countervailing duty
proceeding, the POR for an NSR will be the same period as that
specified in 19 CFR 351.213(e)(2) for a CVD administrative review.
Section 351.213(e)(2)(i) of Commerce's regulations provides that a CVD
administrative review normally will cover entries or exports of subject
merchandise during the most recently completed calendar year. Because
Sudarshan Chemical's NSR Request was submitted on January 20, 2023, the
POR for this NSR will be January 1, 2022, through December 31, 2022
(i.e., the most recently completed calendar year prior to the date of
Sudarshan Chemical's NSR Request).
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b),
and based on the information on the record, Commerce finds that
Sudarshan Chemical's NSR Request meets the threshold requirements for
initiating an NSR of its shipments of CVP-23 from India to the United
States.\10\ However, if the information submitted by Sudarshan Chemical
is later found to be incorrect or insufficient during the course of
this NSR, Commerce may rescind the review or apply adverse facts
available, pursuant to section 776 of the Act, as
[[Page 50840]]
appropriate. Pursuant to 19 CFR 351.221(c)(1)(i), Commerce will publish
the notice of initiation of an NSR no later than the last day of the
month following the anniversary or semiannual anniversary month of the
order. Commerce intends to issue the preliminary results of this NSR no
later than 180 days from the date of initiation, and the final results
of this review no later than 90 days after the date the preliminary
results are issued.\11\
---------------------------------------------------------------------------
\10\ See, generally, Sudarshan Chemical's NSR Request; see also
New Shipper Initiation Checklist: Sudarshan Chemical Industries
Limited, dated concurrently with this notice.
\11\ See section 751(a)(2)(B)(iii) of the Act.
---------------------------------------------------------------------------
We intend to conduct this NSR in accordance with section
751(a)(2)(B) of the Act.\12\ Because Sudarshan Chemical certified that
it exported subject merchandise, the sale of which is the basis for its
NSR request, Commerce will instruct CBP to suspend, or continue to
suspend, liquidation of all entries of subject merchandise produced/or
exported by Sudarshan.
---------------------------------------------------------------------------
\12\ The Act was amended by the Trade Facilitation Trade
Enforcement Act of 2015, which removed from section 751(a)(2)(B) of
the Act the provision directing Commerce to instruct CBP to allow an
importer the option of posting a bond or security in lieu of a cash
deposit during the pendency of an NSR. This was also codified in
Commerce's regulations at 19 CFR 351.214(e).
---------------------------------------------------------------------------
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306.
This initiation notice is published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: July 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-16466 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-DS-P
