[Federal Register Volume 69, Number 249 (Wednesday, December 29, 2004)]
[Notices]
[Pages 77988-77989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28521]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No. A-533-838]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Carbazole Violet Pigment 23 From 
India

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

EFFECTIVE DATE: December 29, 2004.

FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Susan Lehman, AD/CVD 
Operations, Office 5, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-5287 or (202) 482-0180.

SUPPLEMENTARY INFORMATION:

Scope of Order

    The merchandise subject to this antidumping duty order is carbazole 
violet pigment 23 (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 
C34H22C12N4O2.\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., pigment 
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 antidumping duty order is 
classifiable under subheading 3204.17.9040 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of this order is dispositive.

Amendment To Final Determination

    In accordance with sections 735(d) and 771(i) of the Tariff Act of 
1930, as amended (the Act), on November 17, 2004, the Department of 
Commerce (the Department) published its notice of final determination 
of sales at less than fair value for the antidumping duty investigation 
of CVP-23 from India. See Notice of Final Determination of Sales at 
Less Than Fair Value: Carbazole Violet Pigment 23 from India, 69 FR 
67306 (November 17, 2004) (Final Determination). We received a timely 
ministerial-error allegation from Pidilite Industries Limited 
(Pidilite) pursuant to 19 CFR 351.224(c)(2). No other party alleged 
ministerial errors or submitted comments.
    After analyzing the submission, we have determined, in accordance 
with section 751(h) of the Act and 19 CFR 351.224(e), that a 
ministerial error was made by not deducting certain early payment 
discounts from the price of home-market sales. We have corrected this 
error. For a more detailed discussion, see the December 9, 2004, 
memorandum from Susan Lehman to the file entitled ``Amended Final 
Determination Analysis Memorandum for Pidilite Industries Limited.''
    Pursuant to section 751(h) of the Act and 19 CFR 351.224(e), we are 
amending the Final Determination for Pidilite. This also results in a 
change to the ``All Others'' rate as indicated below. For calculation 
of the ``All Others'' rate, see the December 9, 2004, memorandum from 
Susan Lehman to the File entitled ``Amended All-Others Rate Calculation 
Memorandum for the Final Determination of the Antidumping Duty 
Investigation on Carbazole Violet Pigment 23.''

Antidumping Duty Order

    On December 22, 2004, pursuant to section 735(d) of the Act, the 
International Trade Commission (ITC) notified the Department of its 
final determination that the industry in the United States producing 
CVP-23 is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act by reason of less-than-fair-value imports of 
subject merchandise from India. Therefore, in accordance with section 
736(a)(1) of the Act, the Department will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further advice by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the U.S. price of the merchandise for 
all relevant entries of CVP-23 from India. These antidumping duties 
will be assessed on all unliquidated entries of CVP-23 from India that 
are entered, or withdrawn from the warehouse, for consumption on or 
after June 24, 2004, the date on which the Department published its 
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).
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to not more than six 
months. At the request of exporters, Alpanil Industries (Alpanil) and 
Pidilite, we extended the four-month period to not more than six 
months. See 69 FR at 35293. In this investigation, the six-month period 
began on the date of the publication of the preliminary determination 
and ends on December 21, 2004. Therefore, in accordance with section 
733(d) of the Act and our practice, we will instruct CBP to terminate 
the suspension of liquidation and to liquidate, without regard to 
antidumping duties, unliquidated entries of CVP-23 from India entered, 
or withdrawn from warehouse, for consumption on or after December 21, 
2004, and before the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
continue on or after this date.
    On or after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will

[[Page 77989]]

require, at the same time as importers would normally deposit estimated 
duties on this merchandise, cash deposits for the subject merchandise 
equal to the estimated weighted-average antidumping margins listed 
below, adjusted for export subsidies found in the final determination 
of the companion countervailing duty investigation of this merchandise. 
Specifically, 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).
    The weighted-average margins and cash deposit rates are as follows:

------------------------------------------------------------------------
                                   Weighted-average    Cash deposit rate
      Producer or exporter         margin  (percent)       (percent)
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Alpanil Industries..............  27.23.............  9.66.
Pidilite Industries Ltd.........  66.59 (Amended)...  49.57 (Amended).
All Others......................  44.80 (Amended)...  27.48 (Amended).
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    The ``All Others'' rate applies to all entries of the subject 
merchandise except for entries from the companies that are identified 
individually above.
    This notice constitutes the antidumping duty order with respect to 
CVP-23 from India, pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room B-099 
of the main Department building, for copies of an updated list of 
antidumping duty orders currently in effect.
    The amended final determination is published pursuant to sections 
735(d) and 777(i)(1) of the Act. The order is published in accordance 
with section 736(a) of the Act and 19 CFR 351.211.

    Dated: December 22, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-28521 Filed 12-28-04; 8:45 am]
BILLING CODE 3510-DS-M