[Federal Register Volume 72, Number 2 (Thursday, January 4, 2007)]
[Notices]
[Pages 327-328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22559]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-892


Carbazole Violet Pigment 23 from the People's Republic of China: 
Notice of Court Decision Not In Harmony with Final Determination of 
Sales at Less than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 8, 2006, the United States Court of International 
Trade (``CIT'') sustained the final remand determination made by the 
Department of Commerce (``the Department'') pursuant to the CIT's 
remand of the final determination of the less-than-fair-value 
investigation of Carbazole Violet Pigment 23 (``CVP 23'') from the 
People's Republic of China. See Goldlink Industries Co., Ltd., Trust 
Chem Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. V. 
United States, and Nation Ford Chemical Company and Sun Chemical 
Corporation, and Clariant Corporation, Consol. Ct. 05-00060, (Ct. Int'l 
Trade Dec. 8, 2006). This case arises out of the Department's final 
determination in the investigation covering the period April 1, 2003, 
through September 30, 2003. See Notice of Final Determination of

[[Page 328]]

Sales at Less Than Fair Value for Carbazole Violet Pigment 23 from the 
People's Republic of China, 69 FR 67304 (November 17, 2004) (``Final 
Determination''). The final judgment in this case was not in harmony 
with the Department's Final Determination.

EFFECTIVE DATE: December 18, 2006.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Charles Riggle, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482-4474 
or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION: In Goldlink Industries Co., Ltd., Trust Chem 
Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. v. United 
States, 431 F. Supp. 2d 1323 (CIT 2006), the CIT remanded the 
underlying final determination to the Department to (1) re-examine its 
determination to apply total adverse facts available (``AFA'') to 
Tianjin Hanchem International Trading Co., Ltd. (``Hanchem''); (2) 
further explain its determination that the subsidies Pidilite 
Industries, Ltd. (``Pidilite''), an Indian producer of CVP, received 
did not distort Pidilite's financial ratios; (3) re-examine the 
surrogate values for benzene sulfonyl chloride, calcium chloride and 
steam; (4) either include terminal charges and brokerage fees in 
movement costs or precisely and reasonably explain its decision not to 
include such costs; and (5) re-open the record and allow parties to 
submit new information as necessary.
    On September 22, 2006, the Department released the Draft Remand 
Redetermination to interested parties and requested that they submit 
comments by September 27, 2006. The petitioners submitted comments on 
September 27, 2006. Respondents did not submit comments. On October 16, 
2006, the Department issued to the CIT its final results of 
redetermination pursuant to remand. In the remand redetermination the 
Department (1) applied partial AFA to Hanchem; (2) explained how the 
subsidies Pidilite received did not distort Pidilite's financial 
ratios; (3) re-calculated the surrogate values for benzene sulfonyl 
chloride, calcium chloride and steam; (4) explained why it is not 
appropriate to include terminal charges and brokerage fees in movement 
costs; and (5) re-opened the record and allowed parties to submit new 
information with respect to the surrogate value of steam. Thus, the 
Department recalculated the antidumping duty rates applicable to 
Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Hanchem, Nantong 
Haidi Chemicals Co., Ltd., and the PRC-wide entity. On December 8, 
2006, the CIT sustained the final redetermination made by the 
Department pursuant to the CIT's remand of the Final Determination.
    In its decision in Timken Co., v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for 
the Federal Circuit (``CAFC'') held that, pursuant to section 516A(e) 
of the Tariff Act of 1930, as amended (``the Act''), the Department 
must publish a notice of a court decision that is not ``in harmony'' 
with a Department determination, and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's decision in 
this case on December 8, 2006, constitutes a final decision of the 
court that is not in harmony with the Department's Final Determination. 
This notice is published in fulfillment of the publication requirements 
of Timken. Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal or, if appealed, pending a final and conclusive court 
decision. In the event the CIT's ruling is not appealed or, if 
appealed, upheld by the CAFC, the Department will instruct U.S. Customs 
and Border Protection to revise the cash deposit rates covering the 
subject merchandise.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: December 27, 2006.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-22559 Filed 1-3-07; 8:45 am]
Billing Code: 3510-DS-S