[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Pages 15788-15789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07616]


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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; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Pidilite 
Industries Limited (Pidilite), a producer/exporter of carbazole violet 
pigment 23 (CVP 23) from India, sold subject merchandise at prices 
below normal value (NV) during the period of review (POR) December 1, 
2015, through November 30, 2016.

DATES: Applicable April 12, 2018.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik or George Ayache, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone (202) 482-6905 or (202) 482-
2623, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 4, 2017, Commerce published the Preliminary Results of 
the administrative review of the antidumping duty order on CVP 23 from 
India.\1\ Commerce exercised its discretion to toll all deadlines 
affected by the closure of the Federal Government from January 20 
through January 22, 2018. As a result, the revised deadline for the 
final results of this review is now April 6, 2018.\2\
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    \1\ See Carbazole Violet Pigment 23 from India: Preliminary 
Results of Antidumping Duty Administrative Review; 2015-2016, 82 FR 
57205 (December 4, 2017) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
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Scope of the Order

    The merchandise subject to the Order \3\ 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] \4\ triphenodioxazine, 8,18-
dichloro-5, 15-diethy-5, 15-dihydro-, and molecular formula of C34 H22 
Cl2 N4 O2. 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 Order.
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    \3\ See 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 (December 29, 2004) (Order).
    \4\ 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 
``Amendment to Petition for Antidumping Investigations of China and 
India and a Countervailing Duty Investigation of India on Imports of 
Carbazole Violet Pigment 23 in the forms of Crude Pigment, Presscake 
and Dry Color Pigment,'' dated December 3, 2003, at 8.
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    The merchandise subject to the 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, our written description of the scope 
of the Order is dispositive.

Analysis of Comments Recieved

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum.\5\ A list of the issues that parties raised and to which we 
responded is attached to this notice as an Appendix. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \5\ See Memorandum, ``Carbazole Violet Pigment 23 from India: 
Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty Administrative Review; 2015-2016,'' dated 
concurrently with this determination and hereby adopted by this 
notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, we have not made changes to the Preliminary 
Results.\6\ Because Pidilite withheld requested information, failed to 
provide information in a timely manner and in the form requested, and 
significantly impeded this proceeding, we continue to find that 
Pidilite failed to cooperate to the best of its ability and, 
accordingly, find it appropriate to assign it a margin based on adverse 
facts available (AFA) in accordance with sections 776(a)(1) and 
(a)(2)(A), (B), (C) and 776(b) of the Tariff Act of 1930, as amended. 
For further discussion, see the Issues and Decision Memorandum.
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    \6\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum.
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Adjustment for Export Subsidies

    For Pidilite, in the original investigation, we subtracted the 
portion of the 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.\7\ Since the publication of the Antidumping Duty Order, we 
have not conducted an administrative review of the countervailing duty 
order on CVP 23 from India.\8\ Therefore, imports of the subject 
merchandise from Pidilite during the review period were subject to 
countervailing duties for export subsidies of 17.02 percent. 
Accordingly, we have adjusted the dumping margin

[[Page 15789]]

in accordance with section 772(c)(1)(C) of the Act.
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    \7\ See Order.
    \8\ See Carbazole Violet Pigment 23 from India: Rescission of 
Countervailing Duty Administrative Review; 2015, 82 FR 42648 
(September 11, 2017).
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Final Results of the Review

    Commerce determines that, for the period of December 1, 2015, 
through November 30, 2016, the following dumping margin exists:

------------------------------------------------------------------------
                                                          Rate adjusted
                                         Dumping margin     for export
           Exporter/producer               (percent)        subsidies
                                                            (percent)
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Pidilite Industries Limited...........           66.59            49.57
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Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review.\9\ For entries of the subject merchandise from Pidilite, we 
will instruct CBP to assess antidumping duties at the adjusted rate of 
49.57 percent.
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    \9\ See section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
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    We intend to issue instructions to CBP 15 days after the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of the final results, as provided by section 751(a)(2)(C) of the 
Act: (1) The cash deposit rate for Pidilite will be the rate 
established in the final results of this review; (2) for previously 
reviewed or investigated companies not participating in this review, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently-completed segment of this proceeding in 
which the company was reviewed; (3) if the exporter is not a firm 
covered in this review, a prior review, or the less-than-fair value 
(LTFV) investigation, but the manufacturer is, the cash deposit rate 
will be the rate established for the most recently-completed segment of 
this proceeding for the manufacturer of subject merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters will 
continue to be 27.48 percent, the all-others rate established in the 
LTFV investigation.\10\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \10\ See Order.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a reminder to parties subject to administrative protective order (APO) 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under the APO, which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or 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 subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).

    Dated: April 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Affiliation
IV. Use of Facts Otherwise Available With Adverse Inferences
V. Analysis of Comments
    Comment 1: Whether Pidilite and Its U.S. Customer Are Affiliated
    Comment 2: Whether To Continue To Apply AFA to Pidilite for the 
Final Results
VI. Conclusion

[FR Doc. 2018-07616 Filed 4-11-18; 8:45 am]
 BILLING CODE 3510-DS-P