[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Pages 21236-21237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06523]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-838]


Carbazole Violet Pigment 23 From India: Final Results of 
Antidumping Duty New Shipper Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) has conducted a new 
shipper review (NSR) of Sudarshan Chemical Industries Limited 
(Sudarshan) regarding the antidumping duty order on carbazole violet 
pigment 23 from India (CVP-23). The period of review (POR) is December 
1, 2021, through November 30, 2022. Based on our analysis, Commerce 
finds that Sudarshan did not make sales of subject merchandise at less 
than normal value during the POR.

DATES: Applicable March 27, 2024.

FOR FURTHER INFORMATION CONTACT: Dennis McClure at (202) 482-5973 or 
Henry Wolfe at (202) 482-0574, AD/CVD Operations, Office VIII, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    On November 24, 2023, Commerce published in the Federal Register 
its preliminary results and indicated that interested parties will be 
notified of the deadline for the submission of case briefs at a later 
date.\1\ Because Commerce received no comments from any interested 
party, no decision memorandum accompanies this notice. The deadline for 
these final results has been extended by 57 days to April 12, 2024.\2\
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    \1\ See Carbazole Violet Pigment 23 from India: Preliminary 
Results of New Shipper Review; 2021-2022, 88 FR 82316, 82317 
(November 24, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum; see also Memorandum, 
``Establishment of the Briefing Schedule,'' dated February 2, 2024.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty New Shipper Review,'' dated January 31, 2023.
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    Commerce conducted this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order \3\
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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).
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    The product covered by the Order is carbazole violet pigment 23. 
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 this Order is 
dispositive. For a full description of the scope of the Order, see the 
Preliminary Results.

Verification

    Commerce verified Sudarshan's questionnaire responses between 
November 30 and December 8, 2023.\4\ We used standard verification 
procedures, including an examination of relevant sales and accounting 
records, and original source documents provided by Sudarshan.
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    \4\ See Memorandum, ``Sales and Cost Verification Report for 
Sudarshan Chemical Industries Limited and Sudarshan North America,'' 
dated January 31, 2024.
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Changes Since the Preliminary Results

    Based on its findings at verification, Commerce made several 
changes to the Preliminary Results. A summary of these changes, which 
are fully described in the Calculation Memorandum,\5\ is as follows:
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    \5\ See Memorandum, ``Final Determination Margin Calculation for 
Sudarshan Chemical Industries Limited,'' dated concurrently with 
this notice (Calculation Memorandum).
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     Commerce revised the U.S. and comparison market sales 
databases consistent with the minor corrections provided by Sudarshan 
at verification.\6\
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    \6\ See Sudarshan's Letter, ``Minor Corrections,'' dated 
December 4, 2023, at Exhibits 2 and 3.
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     For comparison market sales, Commerce revised the reported 
indirect selling expenses to include certain expenses previously 
incorrectly reported as general and administrative (G&A) expenses. 
Commerce also revised the reported inventory carrying costs to use the 
corrected total cost of manufacturing.\7\
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    \7\ See Calculation Memorandum at 2.
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     With respect to the reported cost data, Commerce revised 
the G&A expense ratio to exclude certain incorrectly reported expenses. 
Commerce also revised the interest expense ratio to include the net 
consolidated foreign exchange amount.\8\
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    \8\ Id. at 3.
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     For U.S. sales, Commerce recalculated foreign market 
indirect selling expenses to reflect the currency in which they were 
incurred (i.e., Indian rupees). Commerce revised the indirect selling 
expenses incurred in the United States to include expenses that were 
previously incorrectly excluded. Additionally, Commerce added the 
countervailing duties for export subsidies on U.S. sales of CVP-23. 
Commerce also revised the reported inventory carrying costs incurred in 
the United States to use the transfer price of CVP-23 between Sudarshan 
and its United States subsidiary, Sudarshan North America. Further, 
Commerce revised the inventory carrying costs incurred in the country 
of manufacture to use the corrected total cost of manufacturing.\9\
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    \9\ Id. at 3 to 5.
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Final Results of Review

    As a result of this new shipper review, Commerce determines that 
the following weighted-average dumping margin exists for the POR 
December 1, 2021, through November 30, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Producer and exporter                       dumping
                                                                margin
                                                              (percent)
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Sudarshan Chemical Industries Limited......................        0.00
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Disclosure

    Consistent with 19 CFR 351.224(b), Commerce intends to disclose to 
interested parties the calculations performed in connection with these 
final results of review within five days of after the date of 
publication of this notice in the Federal Register.

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review.\10\ Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of these final results in the

[[Page 21237]]

Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \10\ See 19 CFR 351.212(b)(1).
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    Pursuant to 19 CFR 351.212(b)(1), because Sudarshan's weighted-
average dumping margin is zero, Commerce will instruct CBP to liquidate 
the appropriate entries without regard to antidumping duties.\11\
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    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from India 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) for subject merchandise produced 
and exported by Sudarshan, no cash deposit will be required; \12\ (2) 
for subject merchandise exported, but not produced by Sudarshan, the 
cash deposit rate will be the producer's rate, or the all-others rate 
(i.e., 27.48 percent) \13\ if the producer does not have its own rate; 
and (3) for subject merchandise produced, but not exported by 
Sudarshan, the cash deposit rate will be the rate applicable to the 
exporter, or the all others rate if the exporter does not have its own 
rate. These cash deposit requirements, when imposed, shall remain in 
effect until further notice.
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    \12\ Commerce established a combination cash deposit rate for 
this company, consistent with its practice in new shipper reviews. 
See, e.g., Certain Cut-To-Length Carbon-Quality Steel Plate Products 
from the Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative and New Shipper Reviews and Rescission of 
Administrative Review, In Part; 2014-2015, 81 FR 12870, 12871 (March 
11, 2016).
    \13\ See Order, 69 FR at 77989.
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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) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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.

Notification to Interested Parties

    Commerce is issuing and publishing these final results of the new 
shipper review in accordance with sections 751(a)(2)(B) and 777(i)(1) 
of the Act, and 19 CFR 351.214(h)(2).

    Dated: March 21, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-06523 Filed 3-26-24; 8:45 am]
BILLING CODE 3510-DS-P