[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5813-5814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01124]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers/exporters subject to this review did not make sales of
subject merchandise at prices below normal value. The period of review
(POR) is December 1, 2022, through November 30, 2023.
DATES: Applicable January 17, 2025.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Henry Wolfe, 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, and (202)
482-0574, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2024, Commerce published the Preliminary Results
of the 2022-2023 administrative review of the antidumping duty order
\1\ on carbazole violet pigment 23 (CVP-23) from India in the Federal
Register and invited parties to comment.\2\ We received no comments
from interested parties on the Preliminary Results, and we have made no
changes to the Preliminary Results. Accordingly, no decision memoranda
accompany this Federal Register notice, and the Preliminary Results are
hereby adopted as these final results. Commerce conducted this
administrative review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act). On December 9, 2024, Commerce tolled
the deadline to issue the final results in this administrative review
by 90 days.\3\ Accordingly, the deadline for these final results is now
April 11, 2025.
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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 Carbazole Violet Pigment 23 from India: Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023, 89 FR
74873 (September 13, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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Scope of the Order
The product covered by the Order is CVP-23, in any form. For a full
description of the scope of the Order, see the Preliminary Results PDM.
Rate for Non-Selected Companies
The Act and Commerce's regulations do not directly address the
establishment of a rate to be applied to individual companies not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual review in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this administrative review, we calculated weighted-average
dumping margins for Meghmani Pigments/Meghmani LLP (Meghmani) \4\ and
Navpad Pigments Pvt. Ltd. (Navpad) that are zero and we did not
calculate any margins which are not zero, de minimis, or determined
entirely on the basis of facts available. Thus, in accordance with the
expected method, and consistent with the U.S. Court of Appeals for the
Federal Circuit's decision in Albemarle,\5\ we are applying to Gharda
Chemicals Ltd., which was not selected for individual review in this
review, a margin of zero percent.
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\4\ Commerce previously collapsed Meghmani Pigments and Meghmani
LLP (collectively, Meghmani) and treated the firms as a single
entity. See Preliminary Results PDM at 3-6.
\5\ See Albemarle Corp. v. United States, 821 F.3d 1345, 1352
(Fed. Cir. 2016) (Albemarle) (holding that Commerce may only use
``other reasonable methods'' if it reasonably concludes that the
expected method is ``not feasible'' or ``would not be reasonably
reflective of potential dumping margins'').
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Final Results of Review
We determine that the following estimated weighted-average dumping
margins exist for the period December 1, 2022, through November 30,
2023.
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Weighted-
average
Producer and/or exporter dumping
margin
(percent)
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Gharda Chemicals Ltd....................................... 0.00
Meghmani Pigments/Meghmani LLP............................. 0.00
Navpad Pigments Pvt. Ltd................................... 0.00
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Disclosure
Normally, Commerce discloses to interested parties the calculations
of the final results of an administrative review within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of the final results
in the Federal Register, in accordance with 19 CFR 351.224(b). However,
because we made no changes from the Preliminary Results, there are no
new calculations to disclose.
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b), upon completion of the administrative review, Commerce
shall determine, and
[[Page 5814]]
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise covered by
this review. Because the respondents' weighted-average dumping margins
or importer-specific assessment rates are zero in the final results of
review, we intend to instruct CBP to liquidate entries without regard
to antidumping duties.\6\ The final results of this administrative
review shall be the basis for the assessment of antidumping duties on
entries of merchandise covered by the final results of this review and
for future deposits of estimated duties, where applicable.\7\
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\6\ 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).
\7\ See section 751(a)(2)(C) of the Act
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR for which Meghmani
and Navapad did not know that their merchandise was destined for the
United States, we will instruct CBP to liquidate such entries at the
all-others rate established in the original less-than-fair value (LTFV)
investigation (i.e., 27.48 percent) \8\ if there is no rate for the
intermediate company(ies) involved in the transaction.
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\8\ See Order, 69 FR 77989.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results of
this review in the 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of these 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 the companies listed above will be equal to
the weighted-average dumping margin established in these final results
of this administrative review (i.e., 0.00 percent); (2) for merchandise
exported by producers 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 in
the completed segment for the most recent period; (3) if the exporter
is not a firm covered in this review or another completed segment of
this proceeding, but the producer is, the cash deposit rate will be the
company-specific rate established for the most recent completed segment
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 27.48 percent, the
all-others rate established in the less-than-fair-value
investigation.\9\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ Id.
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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 and/or countervailing duties
prior to liquidation of the relevant entries during the POR. 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 an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as a final 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). 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 the final results of this review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: January 10, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2025-01124 Filed 1-16-25; 8:45 am]
BILLING CODE 3510-DS-P