[Federal Register Volume 69, Number 221 (Wednesday, November 17, 2004)]
[Notices]
[Pages 67306-67308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3198]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-838]


Notice of Final Determination of Sales at Less Than Fair Value: 
Carbazole Violet Pigment 23 From India

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.


DATES: Effective November 17, 2004.

FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Richard Rimlinger, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-5287 or (202) 482-4477, 
respectively.

SUPPLEMENTARY INFORMATION:

Final Determination

    The Department of Commerce (the Department) has conducted this 
antidumping investigation in accordance with section 735 of the Tariff 
Act of 1930, as amended (the Act). We have determined that carbazole 
violet pigment 23 (CVP-23) from India is being sold, or is likely to be 
sold, in the United States at less than fair value (LTFV), as provided 
in section 735 of the Act. The estimated margins for sales at LTFV are 
shown in the ``Final Determination Margins'' section of this notice.

Background

    The preliminary determination of sales at LTFV in this 
investigation was issued on June 24, 2004. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination: Carbazole Violet Pigment 23 From India, 69 FR 
35293 (June 24, 2004) (Preliminary Determination).
    Since the Preliminary Determination the following events have 
occurred. From August 23 through August 27, 2004, we conducted 
verification of Pidilite Industries Ltd. (Pidilite), and from August 30 
through September 2, 2004, we conducted verification of Alpanil 
Industries (Alpanil). On October 1, 2004, we received a joint case 
brief from Alpanil and Pidilite and a case brief from the Clariant 
Corporation (Clariant), a domestic interested party. On October 6, 
2004, we received a joint rebuttal brief from Alpanil and Pidilite, a 
rebuttal brief from Clariant, and a rebuttal brief from the petitioners 
(Sun Chemical Corporation and Nation Ford Chemical Company).

Period of Investigation

    The period of investigation (POI) is October 1, 2002, through 
September 30, 2003, which corresponds to the four most recent fiscal 
quarters prior to the month of filing of the petition.

Scope of Investigation

    The merchandise covered by this investigation is CVP-23 identified 
as Color Index No. 51319 and Chemical Abstract No. 6358-30-1, with the 
chemical name of diindolo [3,2-b:3',2'-m]triphenodioxazine, 8,18-
dichloro-5, 15-diethy-5, 15-dihydro-, and molecular formula of 
C34H22Cl2N4O2.\1\
 The subject merchandise includes the crude pigment in any form (e.g., 
dry powder, paste, wet cake) and finished pigment in the form of 
presscake and dry color. Pigment dispersions in any form (e.g. pigments 
dispersed in oleoresins, flammable solvents, water) are not included 
within the scope of the investigation.
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    \1\ The bracketed section of the product description, [3,2-
b:3',2'-m], is not business proprietary information. In this case, 
the brackets are simply part of the chemical nomenclature. See 
December 4, 2003, amendment to petition at 8.
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    The merchandise subject to this investigation is classifiable under 
subheading 3204.17.9040 of the Harmonized Tariff Schedule of the

[[Page 67307]]

United States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping investigation are addressed in the November 8, 2004, 
``Issues and Decision Memorandum'' from Jeffrey May, Deputy Assistant 
Secretary, Import Administration, to James J. Jochum, Assistant 
Secretary for Import Administration (Decision Memorandum). Parties can 
find a complete discussion of all issues raised in this investigation 
and the corresponding recommendations in this public memorandum which 
is on file in Import Administration's Central Records Unit at Room 
B099, U.S. Department of Commerce, 14th Street and Constitution Avenue, 
NW., Washington, DC 20230. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Verification

    In accordance with section 782(i) of the Act, we verified the 
information submitted by the respondents for use in our final 
determination. We used standard verification procedures which included 
the examination of original source documents provided by respondents. 
See the September 20, 2004, memorandum from Susan Lehman entitled 
``Sales Verification Report: Antidumping Duty Investigation of 
Carbazole Violet Pigment 23 From India, Pidilite Industries Ltd.'' 
(Pidilite Verification Report) and the September 23, 2004, memorandum 
from Yang Jin Chun entitled ``Antidumping Duty Investigation of 
Carbazole Violet Pigment 23 From India: Sales Verification Report for 
Alpanil Industries.'' (Alpanil Verification Report).

Changes Since the Preliminary Determination

    We have made the following changes to our margin calculations since 
the preliminary determination:

Alpanil

    (1) Based on findings during verification, the Department requested 
that Alpanil submit updated home-market and U.S. sales listings. See 
the September 10, 2004, memorandum from Yang Jin Chun to the File. It 
did so on September 21, 2004. Except for the requested changes 
involving level of trade, we implemented all other corrections and 
findings which resulted from verification by using Alpanil's updated 
home-market and U.S. sales listings. See the Alpanil Verification 
Report for a list and description of these changes. See also the 
November 8, 2004, memorandum from Yang Jin Chun entitled ``Antidumping 
Duty Investigation of Carbazole Violet Pigment 23 From India: Final 
Determination Analysis Memorandum for Alpanil Industries.''
    (2) Regarding levels of trade, we no longer find that there are two 
levels of trade in the home-market. Instead we determine that all home-
market sales were made at a single level of trade which is equivalent 
to the U.S. level of trade. See Comment 2 of the Decision Memorandum 
for a discussion of this issue.

Pidilite

    Based on findings during verification, the Department requested 
that Pidilite submit updated home-market and U.S. sales listings. See 
the September 10, 2004, memorandum from Susan Lehman to the File. It 
did so on September 29, 2004. We incorporated all of the corrections 
and findings which resulted from verification by using Pidilite's 
updated home-market and U.S. sales listings. See the Pidilite 
Verification Report for a list and description of these changes. See 
also the November 8, 2004, memorandum from Susan Lehman entitled 
``Antidumping Duty Investigation of Carbazole Violet Pigment 23 From 
India: Final Determination Analysis Memorandum for Pidilite Industries 
Ltd.''

Continuation of Suspension of Liquidation

    Pursuant to 735(c)(1)(B) of the Act, we will instruct U.S. Customs 
and Border Protection (CBP) to continue to suspend liquidation of all 
entries of subject merchandise from India, entered, or withdrawn from 
warehouse, for consumption on or after June 24, 2004, the date of 
publication of our preliminary determination. CBP shall require a cash 
deposit or the posting of a bond equal to the estimated amount by which 
the normal value exceeds the U.S. price as shown below, adjusted for 
export subsidies found in the final determination of the companion 
countervailing duty investigation of this merchandise. Specifically, 
consistent with our practice, where the product under investigation is 
also subject to a concurrent countervailing duty investigation, we 
instruct CBP to require a cash deposit or posting of a bond equal to 
the amount by which the normal value exceeds the EP, as indicated 
below, less the amount of the countervailing duty determined to 
constitute an export subsidy. Accordingly, for cash deposit purposes, 
we are subtracting from the applicable cash deposit rate that portion 
of the rate attributable to the export subsidies found in the 
affirmative countervailing duty determination for each respondent 
(i.e., 17.57 percent for Alpanil, 17.02 percent for Pidilite). After 
the adjustment for the cash deposit rates attributed to export 
subsidies, the resulting cash deposit rates will be 9.66 percent for 
Alpanil, 52.21 percent for Pidilite. We also calculated a weighted-
average all-others cash deposit rate of 28.66 percent after adjusting 
Alpanil's and Pidilite's cash deposit rates for export subsidies. See 
the All-Others Rate memorandum to the file from Lyn Johnson dated 
November 8, 2004. These instructions suspending liquidation will remain 
in effect until further notice.

Final Determination Margins

    The weighted-average margins are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                          margin
                                                              percentage
------------------------------------------------------------------------
Alpanil Industries.........................................        27.23
Pidilite Industries Ltd....................................        69.23
All Others.................................................        45.98
------------------------------------------------------------------------

Disclosure

    In accordance with 19 CFR 351.224(b), the Department will disclose 
to interested parties within five days of the date of publication of 
this notice the calculations performed in the final determination.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination of sales at 
LTFV. As our final determination is affirmative, and in accordance with 
section 735(b) of the Act, the ITC will determine within 45 days 
whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports, or 
sales (or the likelihood of sales) for importation, of the subject 
merchandise. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all securities posted will be refunded or

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canceled. If the ITC determines that such injury does exist, the 
Department will issue an antidumping duty order directing CBP to assess 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding APO

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
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.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    November 8, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Issues Appendix

Comment 1--Duty Revenue
Comment 2--Level of Trade
Comment 3--Reporting Errors

[FR Doc. E4-3198 Filed 11-16-04; 8:45 am]
BILLING CODE 3510-DS-P