Carbazole Violet Pigment 23 From India: Final Results of Countervailing Duty New Shipper Review; 2022, 86786-86787 [2024-25342]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Notices]
[Pages 86786-86787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25342]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-839]


Carbazole Violet Pigment 23 From India: Final Results of 
Countervailing Duty New Shipper Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) has conducted a new 
shipper review (NSR) of Sudarshan Chemical Industries Limited 
(Sudarshan) regarding the countervailing duty order on carbazole violet 
pigment 23 (CVP-23) from India. The period of review (POR) is January 
1, 2022, through December 31, 2022. Based on our analysis, we continue 
to find that countervailable subsidies were provided to Sudarshan with 
the respect to the production of CVP-23 from India during the POR.

DATES: Applicable October 31, 2024.

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

    On May 28, 2024, Commerce published the Preliminary Results of this 
NSR.\1\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\2\ On August 16, we extended 
the deadline for these final results until October 16, 2024.\3\ Between 
August 27 and 30, 2024, we conducted verification of Sudarshan's 
questionnaire responses that were submitted in this NSR.\4\ On 
September 12, 2024, we established the deadline for the submission of 
case and rebuttal briefs.\5\ On September 19, 2024, a case brief was 
timely submitted on behalf of Sudarshan.\6\ No other interested party 
submitted a case or rebuttal brief. On October 16, 2024, we further 
extended the deadline for the final results for this NSR to its current 
deadline of October 24, 2024.\7\ For a description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\8\
---------------------------------------------------------------------------

    \1\ See Carbazole Violet Pigment 23 from India: Preliminary 
Results of Countervailing Duty New Shipper Review; 2022, 89 FR 46063 
(May 28, 2024) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty New Shipper Review,'' dated August 16, 2024. 
This extension of deadline memorandum inadvertently references 
October 17, 2024, rather than October 16, 2024, as the extended 
deadline for the final results.
    \4\ See Memorandum, ``Verification of Questionnaire Responses 
Submitted by Sudarshan Chemical Industries Limited,'' dated 
September 12, 2024 (Sudarshan's Verification Report).
    \5\ See Memorandum, ``Briefing Schedule,'' dated September 12, 
2024.
    \6\ See Sudarshan's Letter, ``Case Brief,'' dated September 19, 
2024 (Sudarshan's Case Brief).
    \7\ See Memorandum, ``Second Extension of Deadline for Final 
Results of Countervailing Duty New Shipper Review,'' dated October 
16, 2024.
    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of New Shipper Review of the Countervailing Duty Order 
on Carbazole Violet Pigment 23 from India; 2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 9
---------------------------------------------------------------------------

    \9\ See Notice of Countervailing Duty Order: Carbazole Violet 
Pigment 23 from India, 69 FR 77995 (December 29, 2004) (Order).
---------------------------------------------------------------------------

    The product covered by the Order is CVP-23 from India. For a full 
description of the scope of the Order, see the Issues and Decision 
Memorandum.

Verification

    Commerce conducted verification of Sudarshan's questionnaire 
responses between August 27 and 30, 2024.\10\ We used standard 
verification procedures, including an examination of relevant 
accounting records and original source documents provided by Sudarshan.
---------------------------------------------------------------------------

    \10\ See Sudarshan's Verification Report.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in Sudarshan's Case Brief are addressed in the 
Issues and Decision Memorandum.\11\ A list of the issues addressed is 
attached in 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 accesses directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \11\ As referenced above, Sudarshan was the only interested 
party that submitted a case or rebuttal brief.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on record information, the results of Sudarshan's 
verification, and comments received from Sudarshan, we made certain 
changes to the Preliminary Results regarding Sudarshan's subsidy 
calculation. These changes are explained in the Issues and Decision 
Memorandum.

Methodology

    Commerce conducted this NSR in accordance with section 751(a)(2)(B) 
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214. 
For each subsidy program found to be countervailable, Commerce finds 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\12\ For a full description of the methodology underlying 
Commerce's conclusions,

[[Page 86787]]

see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \12\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Final Results of New Shipper Review

    As a result of this NSR, Commerce determines that the following net 
countervailable subsidy rate exists for the period January 1, 2022, 
through December 31, 2022:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Sudarshan Chemical Industries Limited...................            6.75
------------------------------------------------------------------------

Disclosure

    Consistent with 19 CFR 351.224(b), Commerce intends to disclose to 
interested parties the calculations performed in connection with the 
final results of this NSR within five days of the date of publication 
of this notice in the Federal Register.

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, countervailing duties on all appropriate entries of 
subject merchandise covered by this NSR.\13\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of these final results 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).
---------------------------------------------------------------------------

    \13\ See section 751(a)(2)(C) of the Act; and 19 CFR 
351.212(b)(1).
---------------------------------------------------------------------------

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amount shown above for Sudarshan on 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this NSR. These cash deposit requirements shall remain in 
effect until further notice.

Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
APO of their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). 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 the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    Commerce is issuing the final results of this NSR and publishing 
this notice in accordance with sections 751(a)(2)(B) and 777(i)(1) of 
the Act, and 19 CFR 351.214.

    Dated: October 24, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Bona Fide Analysis
VI. Changes Since the Preliminary Results
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Should Revise its Preliminary 
Benefit Calculation Methodology for the Remission of Duties and 
Taxes on Export Products (RoDTEP) Program
    Comment 2: Whether the Electricity Rebate on Excess Consumption 
Program Is Countervailable
    Comment 3: Whether Commerce Should Revise its Preliminary 
Benefit Calculation Methodology for the Electricity Rebate on Excess 
Consumption Program
    Comment 4: Whether Commerce Should Revise its Preliminary 
Subsidy Rate Calculation Methodology for the Advance Authorization 
Program
    Comment 5: Whether Commerce Should Rely on Information Received 
at Verification To Calculate Sudarshan's Benefit for the Duty 
Drawback Program
    Comment 6: Whether the Pre-Shipment Export Financing Program Is 
Countervailable
IX. Recommendation

[FR Doc. 2024-25342 Filed 10-30-24; 8:45 am]
BILLING CODE 3510-DS-P