[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Notices]
[Pages 74141-74142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28856]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-533-838


Carbazole Violet Pigment 23 From India: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 8, 2008, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on carbazole violet pigment 23 from India. The review covers 
two manufacturers/exporters, Alpanil Industries and Pidilite Industries 
Limited. The period of review is December 1, 2006, through November 30, 
2007. We gave interested parties an opportunity to comment on the 
preliminary results but no interested parties did so. We have made no 
changes in the margin calculations for the final results of review. The 
final weighted-average margins are listed below in the ``Final Results 
of the Review'' section of this notice.

EFFECTIVE DATE: December 5, 2008.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Hermes Pinilla, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5760 or (202) 482-3477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 2008, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on carbazole violet pigment 23 (CVP 23) from 
India and invited interested parties to comment. See Carbazole Violet 
Pigment 23 from India: Preliminary Results of Antidumping Duty 
Administrative Review, 73 FR 52012 (September 8, 2008) (Preliminary 
Results). On October 7, 2008, the Department received a case brief from 
Alpanil Industries (Alpanil). Because

[[Page 74142]]

Alpanil's case brief did not meet several filing requirements as stated 
in 19 CFR 351.303 and 304, we rejected and returned Alpanil's case 
brief on October 14, 2008, and requested that Alpanil resubmit its case 
brief by October 17, 2008. Alpanil did not resubmit its case brief. No 
other party submitted a case brief.

Scope of the Order

    The merchandise subject to the order 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] \1\ triphenodioxazine, 8,18-dichloro-
5, 15-diethyl-5, 15-dihydro-, and molecular formula of 
C34H22Cl2N4O2. 
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 order. The merchandise subject to the order is 
classifiable under subheading 3204.17.90.40 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 the order is dispositive.
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    \1\ The bracketed section of the product description, [lsqb]3,2-
b:3',2'-m[rsqb], is not business-proprietary information. In this 
case, the brackets are simply part of the chemical nomenclature. See 
Preliminary Results.
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Use of Adverse Facts Available

    The Department found in the Preliminary Results that Alpanil and 
Pidilite Industries Limited (Pidilite) failed to cooperate to the best 
of their ability in responding to the Department's requests for 
information and thereby impeded the Department's proceeding. Therefore, 
in accordance with section 776(b) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.308(c), the Department preliminarily selected 
66.59 percent as the adverse facts-available dumping margin. For the 
Preliminary Results, we also subtracted the portion of the applicable 
countervailing duty rate attributable to export subsidies (17.02 
percent) from the final dumping margin of 66.59 percent in order to 
calculate the cash-deposit rate of 49.57 percent. See Preliminary 
Results.
    The Department did not receive any comments regarding its 
preliminary application of the adverse facts-available dumping margin 
to Alpanil and Pidilite. Therefore, for the final results, the 
Department has not altered its analysis or decision to apply the 
adverse facts-available dumping margin to Alpanil and Pidilite.

Final Results of the Review

    As a result of our review, we determine that the following 
weighted-average dumping margins on CVP 23 from India exist for the 
period December 1, 2006, through November 30, 2007:

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                                                                                     Cash-Deposit Rate Adjusted
                      Company                              Margin (percent)             For Export Subsidies
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Alpanil...........................................                          66.59                          49.57
Pidilite..........................................                          66.59                          49.57
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Assessment of Duties

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. We will issue appropriate assessment instructions directly to 
CBP 15 days after publication of the final results of review. We will 
instruct CBP to assess the antidumping liability for all shipments of 
CVP 23 from India produced and/or exported by Alpanil or Pidilite and 
entered, or withdrawn from warehouse, for consumption during the period 
of review. We will instruct CBP to assess antidumping duties at the 
adjusted rate of 49.57 percent if CBP has collected the appropriate 
countervailing duties on the same entry. We will instruct CBP to assess 
antidumping duties at the unadjusted rate of 66.59 percent if the 
appropriate countervailing duties are not collected by CBP.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of CVP 23 from India entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash-deposit rates 
for Alpanil and Pidilite will be 49.57 percent; (2) if the exporter is 
not a firm covered in this review, a previous review, or the less-than-
fair-value investigation but the manufacturer is, the cash-deposit rate 
will be the rate established for the most recent period for the 
manufacturer of the merchandise; (3) if neither the exporter nor the 
manufacturer has its own rate, the cash-deposit rate will be 27.48 
percent, the all-others rate published in Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Carbazole Violet Pigment 23 from India, 69 FR 77988, 77989 
(December 29, 2004). These deposit requirements shall remain in effect 
until further notice.

Notification to Importer

    This notice 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). 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 sanctionable 
violation.
    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 1, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-28856 Filed 12-4-08; 8:45 am]
BILLING CODE 3510-DS-S