[Federal Register: January 9, 2009 (Volume 74, Number 6)]
[Notices]
[Page 883-884]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja09-16]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-892
Carbazole Violet Pigment 23 from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 8, 2008, the Department of Commerce (the
Department) published the preliminary results and partial rescission of
the 2006-2007 administrative review of the antidumping duty order on
carbazole violet pigment 23 (CVP 23) from the People's Republic of
China (PRC). See Carbazole Violet Pigment 23 from the People's Republic
of China: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review, 73 FR 52007 (September 8, 2008)
(Preliminary Results). We gave interested parties an opportunity to
comment on the Preliminary Results. We received no comments. Therefore,
the margin for the final results does not differ from the preliminary
results. The final dumping margin is listed below in the section
entitled ``Final Results of Review.''
EFFECTIVE DATE: January 9, 2009.
FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2657 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 8, 2008, the Department published in the Federal
Register the Preliminary Results. We invited parties to comment on the
Preliminary Results. We did not receive any comments.
Period of Review
The period of review is December 1, 2006 through November 30, 2007.
Scope of the Order
The merchandise covered by the order is carbazole violet pigment 23
identified as Color Index No. 51319 and Chemical Abstract No. 6358-30-
1, with the chemical name of diindolo [lsqb]3,2-b:3',2'-m[rsqb]
triphenodioxazine, 8,18-dichloro-5, 15-diethy-5,15-dihydro-, and
molecular formula of
C34H22Cl2,N4O2.\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 this order. The merchandise subject to
this 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, the
written description of the scope of the order is dispositive.
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\1\ The bracketed section of the product description, [lsqb]3,2-
b:3',2'-m[rsqb], is not business proprietary information, but is
part of the chemical nomenclature.
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Separate Rates
In the Preliminary Results, the Department noted that none of the
11 companies in this administrative review responded to the
Department's separate rate application/certification, including the
single mandatory respondent in this review, Goldlink Industries
Company, Limited (Goldlink). Goldlink also failed to respond to the
Department's antidumping questionnaire. Accordingly, the Department
found that
[[Page 884]]
Goldlink, along with the ten other companies in this review (Aesthetic
Colortech (Shanghai) Company, Limited (Aesthetic Colortech); Anhui
Worldbest IE Company, Limited (Anhui Worldbest); Cidic Company, Limited
(Cidic); Ganguink Company, Pigment Division (Ganguink); Hunan
Sunlogistics International Company, Limited (Hunan Sunlogistics);
Hygeia-Chem (Shanghai) Company, Limited (Hygeia-Chem); Pudong Prime
International Logistic Incorporated (Pudong Prime); Shanghai Rainbow
Dyes Import and Export (Shanghai Rainbow); Sinocol Corporation, Limited
(Sinocol); and Yangcheng Tiacheng Chemical Company, Limited (Yangcheng
Chemical)) did not qualify for separate rate status. See Preliminary
Results, 73 FR at 52009. As a result, the Department considered these
11 companies to be part of the PRC-wide entity, which is assigned a
rate of 241.32 percent based on facts otherwise available with an
adverse inference. See Preliminary Results, 73 FR at 52009-52011. The
Department did not receive any comments on this issue.
Use of Facts Otherwise Available and the PRC-Wide Rate
As noted above, the Department determined that Aesthetic Colortech,
Anhui Worldbest, Cidic, Ganguink, Goldlink, Hunan Sunlogistics, Hygeia-
Chem, Pudong Prime, Shanghai Rainbow, Sinocol, and Yangcheng Chemical
did not demonstrate eligibility for separate rate status, and thus were
properly considered to be part of the PRC-wide entity. As the
Department found that the PRC-wide entity failed to cooperate to the
best of its ability in responding to the Department's requests for
information and thereby impeded the Department's proceeding, the
Department assigned the PRC-wide entity a rate based on facts otherwise
available with an adverse inference pursuant to sections 776(a)(1) and
776(a)(2)(A), (B), and (C) and section 776(b) of the Tariff Act of
1930, as amended (the Act). See Preliminary Results, 73 FR at 52009-
52010. The Department did not receive any comments regarding its
application of adverse facts available (AFA) to the PRC-wide entity in
the Preliminary Results. Therefore, for these final results, the
Department has not altered its analysis or decision to apply total AFA
to the PRC-wide entity.
Final Results of Review
We determine that the following antidumping duty margin exists for
the period December 1, 2006 through November 30, 2007:
------------------------------------------------------------------------
Margin
Exporter/Manufacturer (percent)
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PRC-Wide Rate (including Aesthetic Colortech, Anhui 241.32[per
Worldbest, Cidic, Ganguink, Goldlink, Hunan Sunlogistics, cnt]
Hygeia-Chem, Pudong Prime, Shanghai Rainbow, Sinocol, and
Yangcheng Chemical)........................................
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Assessment of Antidumping Duties
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries pursuant to section 751(a)(1)(B) of the Act and 19 CFR
351.212(b)(1). The Department intends to issue assessment instructions
directly to CBP 15 days after the date of publication of the final
results of this review.
Cash Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of the final results for shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of the final results, as provided by section
751(a)(2)(C) of the Act: (1) for subject merchandise exported by the
PRC-wide entity, including Aesthetic Colortech, Anhui Worldbest, Cidic,
Ganguink, Goldlink, Hunan Sunlogistics, Hygeia-Chem, Pudong Prime,
Shanghai Rainbow, Sinocol, and Yangcheng Chemical, the cash-deposit
rate will be equal to 241.32 percent; (2) for previously investigated
or reviewed PRC and non-PRC exporters not listed above that have a
separate rate, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all other
PRC exporters of subject merchandise which have not been found to be
entitled to a separate rate, the cash-deposit rate will be the PRC-wide
rate of 241.32 percent; (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash-deposit
rate will be the rate applicable to the PRC exporter that supplied that
non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
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 duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a final reminder to parties subject to
the administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable
violation.
This notice of final results is issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 2, 2009.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E9-224 Filed 1-8-09; 8:45 am]
BILLING CODE 3510-DS-S