[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5394-5396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01695]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-838]


Carbazole Violet Pigment 23 From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Pidilite Industries Limited (Pidilite), a producer/exporter of 
carbazole violet pigment 23 (CVP 23) from India, did not sell subject 
merchandise at prices below normal value (NV) during the period of 
review (POR) December 1, 2017 through November 30, 2018.

DATES: Applicable January 30, 2020.

FOR FURTHER INFORMATION CONTACT: 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) 482-2623.

SUPPLEMENTARY INFORMATION: 

Background

    On March 14, 2019, in accordance with 19 CFR 351.221(c)(1)(i), we 
published a notice of initiation of an administrative review of the 
antidumping duty order on CVP 23 from India.\1\ Commerce exercised its 
discretion to toll all deadlines affected by the partial federal 
government closure from December 22, 2018 through the resumption of 
operations on January 29, 2019.\2\ The revised deadline for the 
preliminary results in this administrative review was October 3, 
2019.\3\ Subsequently, on August 15, 2019, Commerce postponed the 
deadline for the preliminary results of this administrative review 
until January 31, 2020, in accordance with section 751(a)(3)(A) of the 
Act and 19 CFR 351.213(h)(2).\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 9297 (March 14, 2019).
    \2\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations for Enforcement and Compliance, ``Deadlines Affected by 
the Partial Shutdown of the Federal Government,'' dated January 28, 
2019. All deadlines in this segment of the proceeding have been 
extended by 40 days.
    \3\ See Memorandum to the Record from Irene Darzenta Tzafolias, 
Director, Office VIII, Antidumping and Countervailing Duty 
Operations, ``December Order Deadlines Affected by the Partial 
Shutdown of the Federal Government,'' dated August 7, 2019.
    \4\ See Memorandum to James Maeder, Deputy Assistance Secretary 
for Antidumping and Countervailing Duty Operations, ``Carbazole 
Violet Pigment 23 from India: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated August 
15, 2019.
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Scope of the Order 5
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    \5\ 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).
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    The merchandise covered by 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] \6\ triphenodioxazine, 8,18-dichloro-
5, 15-diethy-5, 15-dihydro-, and molecular

[[Page 5395]]

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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    \6\ 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.

Methodology

    We are conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is calculated in accordance with section 772 
of the Act. NV is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.\7\ The 
Preliminary 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 
to all parties in the Central Records Unit, Room B8024 of the main 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic version of the Preliminary Decision Memorandum are identical 
in content. A list of the topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice.
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    \7\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Carbazole Violet 
Pigment 23 from India; 2017-2018,'' dated concurrently with, and 
hereby adopted by, this notice.
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin of 0.00 percent exists for Pidilite for 
the period December 1, 2017 through November 30, 2018.

Disclosure and Public Comment

    We intend to disclose the calculations performed in connection with 
these preliminary results to interested parties within five days of the 
date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\8\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\9\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. Case and rebuttal briefs 
should be filed using ACCESS.\10\
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    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.303.
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    All submissions to Commerce must be filed electronically using 
ACCESS and must also be served on interested parties.\11\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time on the date that the document is due.
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    \11\ See 19 CFR 351.303(f).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\12\ Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \12\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of issues raised in any written briefs, not later than 120 
days after the date of publication of this notice.\13\
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    \13\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess upon issuance of 
the final results, antidumping duties on all appropriate entries 
covered by this review.\14\
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    \14\ See 19 CFR 351.212(b)(1).
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    If Pidilite's calculated weighted-average dumping margin is above 
de minimis in the final results of this review, we will calculate 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of antidumping duties calculated for the examined 
sales to the total entered value of the examined sales to that 
importer, and we will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review. If Pidilite's weighted-
average dumping margin continues to be zero or de minimis, or the 
importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\15\
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    \15\ See 19 CFR 351.106(c)(2).
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    In accordance with our ``automatic assessment'' practice, for 
entries of subject merchandise during the POR produced by Pidilite for 
which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate.\16\
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    \16\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, 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, except if the rate is de minimis within the meaning of 19 CFR 
351.106(c)(1) (i.e., less than 0.50 percent), in which case the cash 
deposit rate will be zero; (2) for merchandise exported by 
manufacturers or exporters not covered in this review but covered in a 
prior completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently-

[[Page 5396]]

completed segment; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original investigation, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recently-completed segment for the 
manufacturer of the 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 less-than-fair-value 
investigation.\17\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \17\ See Order.
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Notification to Importers

    This notice also serves as a preliminary 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 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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: January 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Discussion of the Methodology
IV. Recommendation

[FR Doc. 2020-01695 Filed 1-29-20; 8:45 am]
 BILLING CODE 3510-DS-P