[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Notices]
[Pages 26589-26591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9042]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-892]


Carbazole Violet Pigment 23 from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 7, 2006, the Department of Commerce (the 
Department) published in the Federal Register its preliminary results 
in the administrative review of the antidumping duty order on carbazole 
violet pigment 23 (CVP 23) from the People's Republic of China (PRC) 
for the period June 24, 2004, through November 30, 2005. See Carbazole 
Violet Pigment 23 from the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review and Rescission in 
Part, 71 FR 65073 (November 7, 2006) (Preliminary Results). We invited 
interested parties to comment on the Preliminary Results.

[[Page 26590]]

Based upon our analysis of the comments received, we have made changes 
to our margin calculation; however, the final dumping margin for 
Tianjin Hanchem Trading Co., Ltd. (Hanchem) does not differ from the 
Preliminary Results. Hanchem's final dumping margin is listed in the 
``Final Results of Review'' section below.

EFFECTIVE DATE:  May 10, 2007.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Terre Keaton, AD/
CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4007 or (202) 482-1280, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 7, 2006, the Department published its Preliminary 
Results in this administrative review. We invited interested parties to 
comment on the Preliminary Results. On November 27, 2006, the 
petitioners\1\ submitted additional surrogate value information. On 
December 7, 2006, the petitioners and Clariant Corporation, a domestic 
interested party, filed case briefs. On December 14, 2006, Hanchem 
filed a rebuttal brief. On January 23, 2007, we extended the final 
results by 60 days. See Carbazole Violet Pigment 23 from the People's 
Republic of China; Notice of Extension of Time Limit for Final Results, 
72 FR 2855 (January 23, 2007).
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    \1\ The petitioners are Nation Ford Chemical Company and Sun 
Chemical Company.
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    We have conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.213.

Period of Review

    The period of review (POR) is June 24, 2004, through November 30, 
2005.

Scope of Order

    The merchandise covered by this order is carbazole violet pigment 
23 identified as Color Index No. 51319 and Chemical Abstract No. 6358-
30-1, with the chemical name of diindolo [lsqb]3,2-b:3[foot],2[foot]-
m[rsqb] triphenodioxazine, 8,18-dichloro-5, 15-diethy-5,15-dihydro-, 
and molecular formula of 
C34H22Cl2N4O2.\2\
 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 this order. The merchandise subject to 
this order is classifiable under subheading 3204.17.9040 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheading is provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive.
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    \2\ The bracketed section of the product description, [lsqb]3,2-
b:3[foot],2[foot]-m[rsqb], is not business proprietary information, 
but is part of the chemical nomenclature.
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Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the Final Results of the 2004-2005 
Administrative Review of Carbazole Violet Pigment 23 from the People's 
Republic of China `` dated May 3, 2007, (Issues and Decision 
Memorandum), which is hereby adopted by this notice. A list of the 
issues raised, all of which are in the Issues and Decision Memorandum, 
is attached to this notice as Appendix I. Parties can find a complete 
discussion of all issues raised in the briefs and the corresponding 
recommendations in this public memorandum, which is on file in the 
Central Records Unit (CRU), room B-099 of the Department of Commerce. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Issues and Decision Memorandum 
are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculation. For a discussion of these changes, 
see the Issues and Decision Memorandum, at Comments 2 and 3.

Final Results of Review

    The weighted-average dumping margin for the period June 24, 2004, 
through November 30, 2005 is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                 Exporter/Manufacturer                    Average Margin
                                                            Percentage
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Tianjin Hanchem International Trading Co., Ltd.........   0.00 percent
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Assessment Rates

    The Department shall determine, and Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries, in 
accordance with 19 CFR 351.212(b). The Department will issue assessment 
instructions directly to CBP 15 days after the date of publication of 
these final results of administrative review. Pursuant to 19 CFR 
351.106(c), we will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., is not less than 0.50 percent). We calculated the 
importer-specific ad valorem duty assessment rate based on the ratio of 
the total amount of the dumping margin calculated for the examined U.S. 
sale to the total entered value of that sale.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by Hanchem included in these final results of review for 
which Hanchem did not know its merchandise was destined for the United 
States. In such instances, we 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.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of CVP 23 from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For Hanchem, the 
cash deposit rate will be zero; (2) for previously reviewed or 
investigated companies not listed above that have a separate rate, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) the cash deposit rate for all 
other PRC exporters will be 241.32 percent, the current PRC-wide 
rate\3\; and (4) the cash deposit rate for

[[Page 26591]]

all non-PRC exporters that do no have their own rate will be the rate 
applicable to the PRC exporter that supplied that non-PRC exporter. 
These cash deposit requirements shall remain in effect until further 
notice.
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    \3\ See The Final Results of Redetermination Pursuant to United 
States Court of International Trade Remand Order, Goldlink 
Industries Co., Ltd., Trust Chem Co., Ltd., Tianjin Hanchem 
International Trading Co., Ltd. v. United States, Slip Op. 06-65 
(May 4, 2006), confirmed by the CIT on December 8, 2006. See also 
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, 72 FR 327 (January 4, 2007).
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Notification to Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213.

    Dated: May 3, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I: Issues Addressed in the Issues and Decision Memorandum

Comment 1: Surrogate Value for Chloranil
Comment 2: Surrogate Financial Ratios
Comment 3: Surrogate Value for Triethylamine
Comment 4: Brokerage Fees and Terminal Charges

[FR Doc. E7-9042 Filed 5-9-07; 8:45 am]
BILLING CODE 3510-DS-S