[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5309-5311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01716]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-838]


Carbazole Violet Pigment 23 From India: Initiation of Antidumping 
Duty New Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has determined that 
a request for a new shipper review (NSR) of the antidumping duty order 
on carbazole violet pigment 23 from India meets the statutory and 
regulatory requirements for initiation. The period of review (POR) for 
the NSR is December 1, 2021, through November 31, 2022.

DATES: Applicable January 27, 2023.

FOR FURTHER INFORMATION CONTACT: Dennis McClure, 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) 482-5973.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the antidumping duty order on carbazole violet 
pigment 23 from India on December 29, 2004.\1\ On December 9, 2022, and 
January 3, 2023, pursuant to section 751(a)(2)(B)(i) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.214(c), Commerce received 
timely NSR requests from Navpad Pigments Pvt. Ltd. and Sudarshan 
Chemical Industries Limited (Sudarshan).\2\ As explained in Commerce's 
letter to Navpad, we rejected Navpad's request to initiate an NSR 
because U.S. Customs and Border Protection (CBP) data indicated that 
the company had made a sale of subject merchandise prior to the 
beginning of NSR POR and Navpad is, therefore, ineligible for an 
NSR.\3\
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    \1\ 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).
    \2\ See Navpad's Letter, ``New Shipper Review Request,'' dated 
January 3, 2023; see also Sudarshan's Letters, ``Request for 
Initiation of a New Shipper Review of the Antidumping Duty Order (A-
533-838),'' dated December 9, 2022; and ``Resubmission of Request 
for Initiation of a New Shipper Review of the Antidumping Duty Order 
(A-533-838) filed on December 09, 2022,'' dated January 19, 2023 
(Sudarshan's NSR Request).
    \3\ See Commerce's Letter, ``Rejection of New Shipper Review 
Request,'' dated concurrently with this notice; see also Memorandum, 
``Placement of Navpad Pigments Pvt. Ltd. CBP Data Query Results on 
the Record,'' dated concurrently with this notice. We note that 
Navpad requested an administrative review under 19 CFR 
351.213(b)(1)(4). Based on Navpad's concurrent request for an 
administrative review, we intend to conduct an administrative review 
of its entries of subject merchandise during the December 1, 2021, 
through November 31, 2022 POR, in accordance with 751(a)(1)(B) and 
751(a)(2)(A) of the Act.

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[[Page 5310]]

    In its submission, Sudarshan certified that it is the producer and 
exporter of the subject merchandise subject to this NSR request.\4\ 
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Sudarshan certified that it did not export carbazole 
violet pigment 23 to the United States during the period of 
investigation (POI).\5\ Additionally, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), 
Sudarshan certified that, since the initiation of the investigation, it 
has not been affiliated with any producer or exporter that exported 
carbazole violet pigment 23 to the United States during the POI, 
including those not individually examined during the investigation.\6\
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    \4\ Sudarshan's NSR Request at Exhibit 1.
    \5\ Id.
    \6\ Id.
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    In its submission, pursuant to 19 CFR 351.214(b)(2)(iv), Sudarshan 
certified that it would provide necessary information related to the 
unaffiliated customer in the United States during the NSR. Sudarshan 
also provided a certification by its unaffiliated customer of its 
willingness to participate in the NSR.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(v), Sudarshan submitted documentation establishing 
the following: (1) the date on which the subject merchandise was first 
entered, or withdrawn from warehouse, for consumption; (2) the volume 
of its first shipment and any subsequent shipments, including whether 
such shipments were made in commercial quantities; and (3) the date of 
its first sale and any subsequent sales to an unaffiliated customer in 
the United States.\7\
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    \7\ Id. at Exhibits C and D.
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    Additionally, Sudarshan submitted documentation establishing the 
circumstances surrounding such sales, including: (1) the price of such 
sale; (2) any expenses arising from such sale; (3) whether the subject 
merchandise involved in such sale was resold in the United States at a 
profit; and (4) whether such sale were made on an arm's-length 
basis.\8\ Sudarshan also submitted documentation regarding its business 
activities, including: (1) offers to sell merchandise in the United 
States; (2) an identification of the complete circumstance surrounding 
its sales to the United States, as well as any home market or third 
country sales; and (3) an identification of its relationship to the 
first unaffiliated U.S. purchaser.\9\
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    \8\ Id. at Exhibits 1 and C.
    \9\ Id.
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    As explained in the Initiation Checklist, Commerce conducted a 
query of CBP data but found no suspended/Type 3 entries made by 
Sudarshan.\10\ Section 351.214(b) of Commerce's regulations allows 
Commerce to accept an NSR request when a company exported, or sold for 
export, subject merchandise to the United States, and can demonstrate 
the existence of a bona fide sale.\11\ As Sudarshan satisfies these 
requirements, we are initiating an NSR and will provide Sudarshan an 
opportunity to correct the classification of its entry(ies) to Type 3 
(i.e., suspended and subject to antidumping duties) in order to be able 
to continue to conduct the review.\12\
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    \10\ For further discussion, see Memorandum, ``Initiation of 
Antidumping Duty New Shipper Review: Carbazole Violet Pigment 23,'' 
dated concurrently with this notice (Initiation Checklist).
    \11\ See 19 CFR 351.214(b).
    \12\ See Initiation Checklist.
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Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for an NSR 
initiated in the month immediately following the anniversary month will 
be the twelve-month period immediately preceding the anniversary month. 
Therefore, the POR for this NSR is December 1, 2021, through November 
30, 2022.

Initiation of NSR

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and based on the information on the record, we find that Sudarshan's 
NSR request meets the threshold requirements for initiation of an NSR 
of its shipments of carbazole violet pigment 23 to the United 
States.\13\ However, if the information supplied by Sudarshan is later 
found to be incorrect or insufficient during the course of this NSR, 
Commerce may rescind the review or apply adverse facts available, 
pursuant to section 776 of the Act, as appropriate. Pursuant to 19 CFR 
351.221(c)(1)(i), Commerce will publish the notice of initiation of an 
NSR no later than the last day of the month following the anniversary 
or semiannual anniversary month of the order. Commerce intends to issue 
the preliminary results of this review no later than 180 days from the 
date of initiation, and the final results of this review no later than 
90 days after the date the preliminary results are issued.\14\
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    \13\ See generally Sudarshan's NSR Request.
    \14\ See section 751(a)(2)(B)(iii) of the Act.
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    We intend to conduct this NSR in accordance with section 
751(a)(2)(B) of the Act.\15\ Because Sudarshan certified that it 
exported subject merchandise, the sale of which is the basis for its 
NSR request, Commerce will instruct CBP to suspend or continue to 
suspend liquidation of all entries of subject merchandise produced and 
exported by Sudarshan. To assist in its analysis of the bona fide 
nature of Sudarshan's sale(s), upon initiation of this NSR, Commerce 
will require Sudarshan to submit, on an ongoing basis, complete 
transaction information concerning any sales of subject merchandise to 
the United States that were made subsequent to the POR. Further, in 
accordance with section 751(a)(2)(B)(iv)(VII) of the Act and 19 CFR 
351.214(k), Sudarshan will be required to provide information regarding 
the following factors for Commerce's consideration in determining 
whether the sales made by Sudarshan during the period of review are 
bona fide: (1) whether the producer, exporter, or customer was 
established for purposes of the sales in question after the imposition 
of the relevant antidumping or countervailing duty order; (2) whether 
the producer, exporter, or customer has lines of business unrelated to 
the subject merchandise; (3) the quantity of sales; and (4) any other 
factor that Commerce determines to be relevant with respect to the 
future selling behavior of the producer or exporter, including any 
other indicia that the sale was not commercially viable.
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    \15\ The Act was amended by the Trade Facilitation and Trade 
Enforcement Act of 2015, which removed from section 751(a)(2)(B) of 
the Act the provision directing Commerce to instruct CBP to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of an NSR. This was also codified in 
Commerce's regulations at 19 CFR 351.214(e).
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    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306.
    This initiation notice is published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).


[[Page 5311]]


    Dated: January 24, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-01716 Filed 1-26-23; 8:45 am]
BILLING CODE 3510-DS-P