[Federal Register: November 17, 2004 (Volume 69, Number 221)]
[Notices]
[Page 67306-67308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no04-25]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-838]
Notice of Final Determination of Sales at Less Than Fair Value:
Carbazole Violet Pigment 23 From India
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
DATES: Effective November 17, 2004.
FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Richard Rimlinger,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-5287 or (202) 482-4477,
respectively.
SUPPLEMENTARY INFORMATION:
Final Determination
The Department of Commerce (the Department) has conducted this
antidumping investigation in accordance with section 735 of the Tariff
Act of 1930, as amended (the Act). We have determined that carbazole
violet pigment 23 (CVP-23) from India is being sold, or is likely to be
sold, in the United States at less than fair value (LTFV), as provided
in section 735 of the Act. The estimated margins for sales at LTFV are
shown in the ``Final Determination Margins'' section of this notice.
Background
The preliminary determination of sales at LTFV in this
investigation was issued on June 24, 2004. See Notice of Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination: Carbazole Violet Pigment 23 From India, 69 FR
35293 (June 24, 2004) (Preliminary Determination).
Since the Preliminary Determination the following events have
occurred. From August 23 through August 27, 2004, we conducted
verification of Pidilite Industries Ltd. (Pidilite), and from August 30
through September 2, 2004, we conducted verification of Alpanil
Industries (Alpanil). On October 1, 2004, we received a joint case
brief from Alpanil and Pidilite and a case brief from the Clariant
Corporation (Clariant), a domestic interested party. On October 6,
2004, we received a joint rebuttal brief from Alpanil and Pidilite, a
rebuttal brief from Clariant, and a rebuttal brief from the petitioners
(Sun Chemical Corporation and Nation Ford Chemical Company).
Period of Investigation
The period of investigation (POI) is October 1, 2002, through
September 30, 2003, which corresponds to the four most recent fiscal
quarters prior to the month of filing of the petition.
Scope of Investigation
The merchandise covered by this investigation 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]triphenodioxazine, 8,18-
dichloro-5, 15-diethy-5, 15-dihydro-, and molecular formula of
C34H22Cl2N4O2.\1\
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 investigation.
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\1\ 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
December 4, 2003, amendment to petition at 8.
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The merchandise subject to this investigation is classifiable under
subheading 3204.17.9040 of the Harmonized Tariff Schedule of the
[[Page 67307]]
United States (HTSUS). Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise under investigation is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping investigation are addressed in the November 8, 2004,
``Issues and Decision Memorandum'' from Jeffrey May, Deputy Assistant
Secretary, Import Administration, to James J. Jochum, Assistant
Secretary for Import Administration (Decision Memorandum). Parties can
find a complete discussion of all issues raised in this investigation
and the corresponding recommendations in this public memorandum which
is on file in Import Administration's Central Records Unit at Room
B099, U.S. Department of Commerce, 14th Street and Constitution Avenue,
NW., Washington, DC 20230. In addition, a complete version of the
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html.
The paper copy and electronic version of
the Decision Memorandum are identical in content.
Verification
In accordance with section 782(i) of the Act, we verified the
information submitted by the respondents for use in our final
determination. We used standard verification procedures which included
the examination of original source documents provided by respondents.
See the September 20, 2004, memorandum from Susan Lehman entitled
``Sales Verification Report: Antidumping Duty Investigation of
Carbazole Violet Pigment 23 From India, Pidilite Industries Ltd.''
(Pidilite Verification Report) and the September 23, 2004, memorandum
from Yang Jin Chun entitled ``Antidumping Duty Investigation of
Carbazole Violet Pigment 23 From India: Sales Verification Report for
Alpanil Industries.'' (Alpanil Verification Report).
Changes Since the Preliminary Determination
We have made the following changes to our margin calculations since
the preliminary determination:
Alpanil
(1) Based on findings during verification, the Department requested
that Alpanil submit updated home-market and U.S. sales listings. See
the September 10, 2004, memorandum from Yang Jin Chun to the File. It
did so on September 21, 2004. Except for the requested changes
involving level of trade, we implemented all other corrections and
findings which resulted from verification by using Alpanil's updated
home-market and U.S. sales listings. See the Alpanil Verification
Report for a list and description of these changes. See also the
November 8, 2004, memorandum from Yang Jin Chun entitled ``Antidumping
Duty Investigation of Carbazole Violet Pigment 23 From India: Final
Determination Analysis Memorandum for Alpanil Industries.''
(2) Regarding levels of trade, we no longer find that there are two
levels of trade in the home-market. Instead we determine that all home-
market sales were made at a single level of trade which is equivalent
to the U.S. level of trade. See Comment 2 of the Decision Memorandum
for a discussion of this issue.
Pidilite
Based on findings during verification, the Department requested
that Pidilite submit updated home-market and U.S. sales listings. See
the September 10, 2004, memorandum from Susan Lehman to the File. It
did so on September 29, 2004. We incorporated all of the corrections
and findings which resulted from verification by using Pidilite's
updated home-market and U.S. sales listings. See the Pidilite
Verification Report for a list and description of these changes. See
also the November 8, 2004, memorandum from Susan Lehman entitled
``Antidumping Duty Investigation of Carbazole Violet Pigment 23 From
India: Final Determination Analysis Memorandum for Pidilite Industries
Ltd.''
Continuation of Suspension of Liquidation
Pursuant to 735(c)(1)(B) of the Act, we will instruct U.S. Customs
and Border Protection (CBP) to continue to suspend liquidation of all
entries of subject merchandise from India, entered, or withdrawn from
warehouse, for consumption on or after June 24, 2004, the date of
publication of our preliminary determination. CBP shall require a cash
deposit or the posting of a bond equal to the estimated amount by which
the normal value exceeds the U.S. price as shown below, adjusted for
export subsidies found in the final determination of the companion
countervailing duty investigation of this merchandise. Specifically,
consistent with our practice, where the product under investigation is
also subject to a concurrent countervailing duty investigation, we
instruct CBP to require a cash deposit or posting of a bond equal to
the amount by which the normal value exceeds the EP, as indicated
below, less the amount of the countervailing duty determined to
constitute an export subsidy. Accordingly, for cash deposit purposes,
we are subtracting from the applicable cash deposit rate that portion
of the rate attributable to the export subsidies found in the
affirmative countervailing duty determination for each respondent
(i.e., 17.57 percent for Alpanil, 17.02 percent for Pidilite). After
the adjustment for the cash deposit rates attributed to export
subsidies, the resulting cash deposit rates will be 9.66 percent for
Alpanil, 52.21 percent for Pidilite. We also calculated a weighted-
average all-others cash deposit rate of 28.66 percent after adjusting
Alpanil's and Pidilite's cash deposit rates for export subsidies. See
the All-Others Rate memorandum to the file from Lyn Johnson dated
November 8, 2004. These instructions suspending liquidation will remain
in effect until further notice.
Final Determination Margins
The weighted-average margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter margin
percentage
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Alpanil Industries......................................... 27.23
Pidilite Industries Ltd.................................... 69.23
All Others................................................. 45.98
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Disclosure
In accordance with 19 CFR 351.224(b), the Department will disclose
to interested parties within five days of the date of publication of
this notice the calculations performed in the final determination.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination of sales at
LTFV. As our final determination is affirmative, and in accordance with
section 735(b) of the Act, the ITC will determine within 45 days
whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports, or
sales (or the likelihood of sales) for importation, of the subject
merchandise. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all securities posted will be refunded or
[[Page 67308]]
canceled. If the ITC determines that such injury does exist, the
Department will issue an antidumping duty order directing CBP to assess
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding APO
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
November 8, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
Issues Appendix
Comment 1--Duty Revenue
Comment 2--Level of Trade
Comment 3--Reporting Errors
[FR Doc. E4-3198 Filed 11-16-04; 8:45 am]