Carbazole Violet Pigment 23 From India: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 74873-74875 [2024-20860]
Download as PDF
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. Issues raised in the
hearing will be limited to those raised
in the case and rebuttal briefs. If a
request for a hearing is made, we will
inform parties of the scheduled date for
the hearing at a time and location to be
determined.14 Parties should confirm by
telephone the date, time, and location of
the hearing no fewer than two days
before the scheduled date. Parties are
reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.15 Commerce intends
to issue assessment instructions to CBP
no earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
If the weighted-average dumping
margin for Euro SME is above de
minimis (i.e., 0.50 percent) in the final
results of this review, we will calculate
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1).16 If the
14 See
19 CFR 351.310.
15 See section 751(a)(2)(C) of the Act.
16 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
74873
respondent has not reported entered
values, we will calculate a per-unit
assessment rate for each importer by
dividing the total amount of dumping
calculated for the examined sales made
to that importer by the total quantity
associated with those sales. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis (i.e., 0.50 percent). Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.17
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by the respondent for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate entries not reviewed at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.18
fair value (LTFV) investigation but the
producer is, then the cash deposit rate
will be the rate established for the most
recently completed segment of the
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 84.94 percent, the
all-others rate established in the LTFV
investigation of this proceeding.19 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of the final
results of the administrative review for
all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results, as provided by section 751(a)(2)
of the Act: (1) the cash deposit rate for
Euro SME will be equal to the dumping
margin established in the final results of
this review, except if the ultimate rate
is de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rates will be zero; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less than
Notification to Interested Parties
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
17 See 19 CFR 351.106(c)(2).
18 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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Fmt 4703
Sfmt 4703
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
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties, and/or
increase in the amount of antidumping
duties by the amount of the
countervailing 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: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–20777 Filed 9–12–24; 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; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
19 See
E:\FR\FM\13SEN1.SGM
Order, 69 FR at 48204.
13SEN1
74874
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
The U.S. Department of
Commerce (Commerce) preliminarily
determines that producers/exporters
subject to this review did not make sales
of subject merchandise at prices below
normal value. The period of review
(POR) is December 1, 2022, through
November 30, 2023. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable September 13, 2024.
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,
and (202) 482–0574, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On February 8, 2024, based on a
timely request for review, and in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
Commerce initiated this administrative
review of the antidumping duty (AD)
order on carbazole violet pigment 23
(CVP–23) from India covering three
companies: Gharda Chemicals, Ltd.
(Gharda), Meghmani Pigments
(Meghmani), and Navpad Pigments Pvt.
Ltd. (Navpad).1 On March 1, 2024, we
limited the number of respondents for
individual examination in this
administrative review to Meghmani and
Navpad.2 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.3 The deadline for the preliminary
results is now September 9, 2024. For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.4
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Order 5
The product covered by the Order is
CVP–23, in any form. For a full
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 89 FR
8641 (February 8, 2024). Additionally, we collapsed
Meghmani Pigments and its affiliated company,
Meghmani LLC, into a single entity based on our
affiliation and collapsing analysis. See
Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of the Antidumping Duty
Administrative Review: Carbazole Violet Pigment
23 form India; 2022–2023,’’ dated concurrently
with, and herby adopted by, this notice
(Preliminary Decision Memorandum).
2 See Memorandum, ‘‘Respondent Selection,’’
dated March 1, 2024.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Preliminary Decision Memorandum.
5 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price is calculated in
accordance with section 772 of the Act.
Normal value 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. A list of topics
included in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum 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,
the Preliminary Decision Memorandum
can be accessed directly at https://
access.trade.gov/public/FRNotices
ListLayout.aspx.
Rate for the Non-Examined Company
To determine the rate for non-selected
companies in an administrative review,
generally, Commerce looks to section
735(c)(5) of the Act, which provides
instructions for calculating the allothers rate in a market economy
investigation. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available.}’’
Where the dumping margin for
individually examined respondents are
all zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may
use ‘‘any reasonable method to establish
the estimated all-others rate for
exporters and producers not
individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’
In this review, we calculated
weighted-average dumping margins for
Meghmani and Navpad that are zero and
we did not calculate any margins which
are not zero, de minims, or determined
entirely on the basis of facts available.
Duty Order: Carbazole Violet Pigment 23 from
India, 69 FR 77988 (December 29, 2004) (Order).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Therefore, consistent with section
735(c)(5)(B) of the Act, we are applying
to Gharda, the company not selected for
individual examination in this review, a
margin of zero percent.
Preliminary Results of Review
As a result of our review, we
preliminarily determine the following
estimated weight-average dumping
margins for the period December 1,
2022, through November 30, 2023:
Producer/exporter
Gharda Chemicals Limited .........
Meghmani Pigments/Meghmani
LLC ..........................................
Navpad Pigments Pvt. Ltd ..........
Weightedaverage
dumping
margin
(percent)
0.00
0.00
0.00
Disclosure and Public Comment
Commerce intends to disclose the
calculations used in our analysis to
interested parties in this review within
five days of the date of publication of
this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of this
notice.6 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.7 Interested parties
who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a
table of contents listing each issue; and
(2) a table of authorities.8
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.9 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
6 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
7 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Procedures).
8 See 19 351.309(c)(2) and (d)(2)
9 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
E:\FR\FM\13SEN1.SGM
13SEN1
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
included in the issues and decision
memorandum that will accompany the
final results in this administrative
review. We request that interested
parties include footnotes for relevant
citations in the public executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. 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 briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.11 If the
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), then Commerce will calculate
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for each importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). If the
weighted-average dumping margin is
zero or de minimis in the final results,
or if an importer-specific assessment
rate is zero or de minimis in the final
results, Commerce will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise that
entered the United States during the
POR that were produced by each
respondent for which the respondent
did not know that its merchandise was
destined to the United States,
Commerce will instruct CBP to liquidate
unreviewed entries at the all-others rate,
if there is no rate for the intermediate
10 See
11 See
APO and Service Procedures.
19 CFR 351.212(b).
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
74875
company(ies) involved in the
transaction.12
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
CVP–23 from India entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period 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 investigation.13 These cash
deposit rates, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
issues raised by the parties in any
written briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
12 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 See Order.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Dated: September 9, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–20860 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–914]
Light-Walled Rectangular Pipe and
Tube From the People’s Republic of
China: Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review, and
Preliminary Determination of No
Shipments; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S Department of
Commerce (Commerce) is conducting
the administrative review of the
antidumping duty (AD) order on lightwalled rectangular pipe and tube
(LWRPT) from the People’s Republic of
China (China). The period of review
(POR) is August 1, 2022, through July
31, 2023. Commerce preliminarily finds
that Hoa Phat Steel Pipe Company
Limited (Hoa Phat) had no subject
shipments of LWRPT and that Hoa Phat
will be eligible to participate in the
AGENCY:
E:\FR\FM\13SEN1.SGM
13SEN1
Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74873-74875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20860]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-838]
Carbazole Violet Pigment 23 From India: Preliminary Results of
Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 74874]]
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers/exporters subject to this review did not make
sales of subject merchandise at prices below normal value. The period
of review (POR) is December 1, 2022, through November 30, 2023. We
invite interested parties to comment on these preliminary results.
DATES: Applicable September 13, 2024.
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, and (202)
482-0574, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2024, based on a timely request for review, and in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act), Commerce initiated this administrative review of the
antidumping duty (AD) order on carbazole violet pigment 23 (CVP-23)
from India covering three companies: Gharda Chemicals, Ltd. (Gharda),
Meghmani Pigments (Meghmani), and Navpad Pigments Pvt. Ltd.
(Navpad).\1\ On March 1, 2024, we limited the number of respondents for
individual examination in this administrative review to Meghmani and
Navpad.\2\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\3\ The deadline for the
preliminary results is now September 9, 2024. For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 8641 (February 8, 2024). Additionally,
we collapsed Meghmani Pigments and its affiliated company, Meghmani
LLC, into a single entity based on our affiliation and collapsing
analysis. See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Carbazole
Violet Pigment 23 form India; 2022-2023,'' dated concurrently with,
and herby adopted by, this notice (Preliminary Decision Memorandum).
\2\ See Memorandum, ``Respondent Selection,'' dated March 1,
2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
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 product covered by the Order is CVP-23, in any form. For a full
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price is calculated in accordance with
section 772 of the Act. Normal value 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. A
list of topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum 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, the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for the Non-Examined Company
To determine the rate for non-selected companies in an
administrative review, generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in a market economy investigation. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally ``an amount equal to the
weighted average of the estimated weighted average dumping margins
established for exporters and producers individually investigated,
excluding any zero or de minimis margins, and any margins determined
entirely {on the basis of facts available.{time} ''
Where the dumping margin for individually examined respondents are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
In this review, we calculated weighted-average dumping margins for
Meghmani and Navpad that are zero and we did not calculate any margins
which are not zero, de minims, or determined entirely on the basis of
facts available. Therefore, consistent with section 735(c)(5)(B) of the
Act, we are applying to Gharda, the company not selected for individual
examination in this review, a margin of zero percent.
Preliminary Results of Review
As a result of our review, we preliminarily determine the following
estimated weight-average dumping margins for the period December 1,
2022, through November 30, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Gharda Chemicals Limited.................................... 0.00
Meghmani Pigments/Meghmani LLC.............................. 0.00
Navpad Pigments Pvt. Ltd.................................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis
to interested parties in this review within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\6\ 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.\7\
Interested parties who submit case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of contents listing each issue; and
(2) a table of authorities.\8\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\8\ See 19 351.309(c)(2) and (d)(2)
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\9\ Further, we
request that interested parties limit their public executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries
[[Page 74875]]
included in the issues and decision memorandum that will accompany the
final results in this administrative review. We request that interested
parties include footnotes for relevant citations in the public
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. 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 briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\11\ If the weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), then Commerce will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping
margin is zero or de minimis in the final results, or if an importer-
specific assessment rate is zero or de minimis in the final results,
Commerce will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\11\ See 19 CFR 351.212(b).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise that entered the United States
during the POR that were produced by each respondent for which the
respondent did not know that its merchandise was destined to the United
States, Commerce will instruct CBP to liquidate unreviewed entries at
the all-others rate, if there is no rate for the intermediate
company(ies) involved in the transaction.\12\
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\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of CVP-23 from India entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period 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 investigation.\13\ These cash
deposit rates, when imposed, shall remain in effect until further
notice.
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\13\ See Order.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in any written briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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 and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: September 9, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-20860 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P