89 FR 178 pgs. 74873-74875 - Carbazole Violet Pigment 23 From India: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
Type: NOTICEVolume: 89Number: 178Pages: 74873 - 74875
Pages: 74873, 74874, 74875Docket number: [A-533-838]
FR document: [FR Doc. 2024-20860 Filed 9-12-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-838]
Carbazole Violet Pigment 23 From India: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
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SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily 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. We invite interested parties to comment on these preliminary results.
DATES:
Applicable September 13, 2024.
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 February 8, 2024, based on a timely request for review, and in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), Commerce initiated this administrative review of the antidumping duty (AD) order on carbazole violet pigment 23 (CVP-23) from India covering three companies: Gharda Chemicals, Ltd. (Gharda), Meghmani Pigments (Meghmani), and Navpad Pigments Pvt. Ltd. (Navpad). 1 On March 1, 2024, we limited the number of respondents for individual examination in this administrative review to Meghmani and Navpad. 2 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 3 The deadline for the preliminary results is now September 9, 2024. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 4
Footnotes:
1 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 89 FR 8641 (February 8, 2024). Additionally, we collapsed Meghmani Pigments and its affiliated company, Meghmani LLC, into a single entity based on our affiliation and collapsing analysis. See Memorandum, "Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review: Carbazole Violet Pigment 23 form India; 2022-2023," dated concurrently with, and herby adopted by, this notice (Preliminary Decision Memorandum).
2 ? See Memorandum, "Respondent Selection," dated March 1, 2024.
3 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.
4 ? See Preliminary Decision Memorandum.
Scope of the Order? 5
Footnotes:
5 ? 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 ).
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 Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751(a) of the Act. Export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for the Non-Examined Company
To determine the rate for non-selected companies in an administrative review, 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. 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.}"
Where the dumping margin for individually examined respondents are all zero, de minimis, or based entirely on facts available, section 735(c)(5)(B) of the Act provides that Commerce may use "any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated, including averaging the estimated weighted average dumping margins determined for the exporters and producers individually investigated."
In this review, we calculated weighted-average dumping margins for Meghmani and Navpad that are zero and we did not calculate any margins which are not zero, de minims, or determined entirely on the basis of facts available. Therefore, consistent with section 735(c)(5)(B) of the Act, we are applying to Gharda, the company not selected for individual examination in this review, a margin of zero percent.
Preliminary Results of Review
As a result of our review, we preliminarily determine the following estimated weight-average dumping margins for the period December 1, 2022, through November 30, 2023:
| Producer/exporter | Weighted-average dumping margin (percent) |
|---|---|
| Gharda Chemicals Limited | 0.00 |
| Meghmani Pigments/Meghmani LLC | 0.00 |
| Navpad Pigments Pvt. Ltd | 0.00 |
Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis to interested parties in this review within five days of the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice. 6 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs. 7 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 8
Footnotes:
6 ? See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for general filing requirements).
7 ? See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) ( APO and Service Procedures ).
8 ? See 19 351.309(c)(2) and (d)(2)
[top] As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. 9 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries
Footnotes:
9 ?We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
10 ? See APO and Service Procedures.
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.
Assessment Rates
Upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. 11 If the weighted-average dumping margin is not zero or de minimis ( i.e., less than 0.5 percent), then Commerce will calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for each importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping margin is zero or de minimis in the final results, or if an importer-specific assessment rate is zero or de minimis in the final results, Commerce will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
Footnotes:
11 ? See 19 CFR 351.212(b).
In accordance with Commerce's "automatic assessment" practice, for entries of subject merchandise that entered the United States during the POR that were produced by each respondent for which the respondent did not know that its merchandise was destined to the United States, Commerce will instruct CBP to liquidate unreviewed entries at the all-others rate, if there is no rate for the intermediate company(ies) involved in the transaction. 12
Footnotes:
12 ?For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the 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 deposit requirements will be effective for all shipments of CVP-23 from India entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 27.48 percent, the all-others rate established in the investigation. 13 These cash deposit rates, when imposed, shall remain in effect until further notice.
Footnotes:
13 ? See Order.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in any written briefs, within 120 days of publication of these preliminary results in the Federal Register , pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary 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 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 an increase in the amount of antidumping duties by the amount of the countervailing duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: September 9, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-20860 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P