[Federal Register: March 30, 2007 (Volume 72, Number 61)]
[Notices]
[Page 15101-15102]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr07-37]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-892]
Carbazole Violet Pigment 23 from the People's Republic of China:
Notice of Amended Final Determination in Accordance With Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 30, 2007.
SUMMARY: On December 8, 2006, the United States Court of International
Trade (``CIT'') sustained the final remand determination made by the
Department of Commerce (``the Department'') pursuant to the CIT's
remand of the final determination of the less-than-fair-value
investigation of Carbazole Violet Pigment 23 (``CVP 23'') from the
People's Republic of China. See Goldlink Industries Co., Ltd., Trust
Chem Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. v.
United States, and Nation Ford Chemical Company and Sun Chemical
Corporation, and Clariant Corporation, Consol. Ct. 05-00060 (CIT Dec.
8, 2006). As there is now a final and conclusive court decision in this
case, the Department is amending the final determination of this
investigation.
FOR FURTHER INFORMATION CONTACT: Charles Riggle at (202) 482-0650, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On November 17, 2004, the Department
published in the Federal Register its final determination in the above-
referenced investigation covering the period of April 1, 2003, through
September 30, 2003. See Notice of Final Determination of Sales at Less
Than Fair Value: Carbazole Violet Pigment 23 from the People's Republic
of China, 69 FR 67304 (November 17, 2004) (``Final Determination''). In
the Final Determination, the Department (1) Applied total adverse facts
available (``AFA'') to Tianjin Hanchem International Trading Co., Ltd.
(``Hanchem''); (2) determined that the subsidies received by Pidilite
Industries, Ltd. (``Pidilite''), an Indian producer of CVP 23, did not
distort Pidilite's financial ratios; (3) valued benzene sulfonyl
chloride using HTS number 2904.10.10; (4) valued calcium chloride based
on 70-percent chemical concentration; (5) declined to value steam
because the only steam values on the record were based on U.S. price
quotes; and (6) did not include terminal charges and brokerage fees in
movement costs. In Goldlink Industries Co., Ltd., Trust Chem Co., Ltd.,
Tianjin Hanchem International Trading Co., Ltd. v. United States, 431
F. Supp. 2d 1323 (CIT May 4, 2006), the CIT remanded the underlying
Final Determination to the Department: to (1) re-examine its
determination to apply total AFA to Hanchem; (2) further explain its
determination that the subsidies Pidilite
[[Page 15102]]
received did not distort Pidilite's financial ratios; (3) re-examine
the surrogate values for benzene sulfonyl chloride, calcium chloride
and steam; (4) either include terminal charges and brokerage fees in
movement costs, or precisely and reasonably explain its decision not to
include such costs; and (5) re-open the record and allow parties to
submit new information as necessary.
On October 16, 2006, the Department issued to the CIT its final
results of redetermination pursuant to remand. In the remand
redetermination the Department: (1) Applied partial AFA to Hanchem; (2)
explained how the subsidies Pidilite received did not distort
Pidilite's financial ratios; (3) re-calculated the surrogate values for
benzene sulfonyl chloride, calcium chloride and steam; (4) explained
why it is not appropriate to include terminal charges and brokerage
fees in movement costs; and (5) calculated a surrogate value for steam.
Thus, the Department recalculated the antidumping duty rates applicable
to Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Hanchem,
Nantong Haidi Chemicals Co., Ltd., and the PRC-wide entity. On December
8, 2006, the CIT sustained the Department's final redetermination. See
Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Tianjin Hanchem
International Trading Co., Ltd. v. United States, and Nation Ford
Chemical Company and Sun Chemical Corporation, and Clariant
Corporation, Ct. No. 05-00060, Slip Op. 06-65 (CIT December 8, 2006).
Consistent with the decision of the United States Court of Appeals
for the Federal Circuit in Timken Company v. United States and China
National Machinery and Equipment Import and Export Corporation, 893
F.2d 337 (Fed. Cir. 1990), on January 4, 2007, the Department published
a notice announcing that the CIT's final judgement was not in harmony
with the Department's Final Determination. No party appealed the CIT's
decision. Therefore, there is now a final and conclusive court decision
in this case.
Amended Final Determination
As the litigation in this case has concluded, the Department is
amending the Final Determination. The revised dumping margins are as
follows:
------------------------------------------------------------------------
Margin
Exporter/Manufacturer (percent)
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Goldlink Industries Co., Ltd................................. 12.46
Trust Chem Co., Ltd.......................................... 39.29
Tianjin Hanchem International Trading Co., Ltd............... 85.41
Nantong Haidi Chemicals Co., Ltd............................. 57.07
PRC-Wide Rate................................................ 241.32
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This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: March 22, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-5859 Filed 3-29-07; 8:45 am]
BILLING CODE 3510-DS-S