Notice2023-16466
Carbazole Violet Pigment 23 From India: Initiation of Countervailing Duty New Shipper Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) has determined that a request for a new shipper review (NSR) of the countervailing duty (CVD) order on carbazole violet pigment 23 (CVP-23) from India meets the statutory and regulatory requirements for initiation. The period of review (POR) for this NSR is January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 147 (Wednesday, August 2, 2023)</title>
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[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50839-50840]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16466]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-839]
Carbazole Violet Pigment 23 From India: Initiation of
Countervailing Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has determined that
a request for a new shipper review (NSR) of the countervailing duty
(CVD) order on carbazole violet pigment 23 (CVP-23) from India meets
the statutory and regulatory requirements for initiation. The period of
review (POR) for this NSR is January 1, 2022, through December 31,
2022.
DATES: Applicable August 2, 2023.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the CVD order on CVP-23 from India on December
29, 2004.\1\ On January 20, 2023, pursuant to section 751(a)(2)(B)(i)
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c),
Commerce received a timely NSR request from Sudarshan Chemical
Industries Limited (Sudarshan Chemical).\2\
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\1\ See Notice of Countervailing Duty Order: Carbazole Violet
Pigment 23 from India, 69 FR 77995 (December 29, 2004) (Order).
\2\ See Sudarshan Chemical's Letter, ``Request for Initiation of
a New Shipper Review of the Countervailing Duty Order (C-533-839),''
dated January 20, 2023 (Sudarshan Chemical's NSR Request).
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In its submission, Sudarshan Chemical certified that it is the
producer and exporter of the subject merchandise subject to this NSR
request.\3\ Pursuant to section 751(a)(2)(B)(I) of the Act and 19 CFR
351.214(b)(2)(i), Sudarshan Chemical certified that it did not export
CVP-23 to the United States during the period of investigation
(POI).\4\ Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the
Act and 19 CFR 351.214(b)(2)(iii)(A), Sudarshan Chemical certified
that, since the initiation of the CVD investigation, it has not been
affiliated with any producer or exporter that exported CVP-23 to the
United States during the POI, including those not individually examined
during the CVD investigation.\5\
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\3\ Id. at Exhibit 1.
\4\ Id.
\5\ Id.
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In its submission, pursuant to 19 CFR 351.214(b)(2)(iv), Sudarshan
Chemical certified that it would provide necessary information related
to the unaffiliated customer in the United States during this NSR.\6\
Sudarshan Chemical also provided a certification by its unaffiliated
customer of its willingness to participate in this NSR.\7\
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\6\ Id.
\7\ Id. at Exhibit 2.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(v), Sudarshan Chemical submitted documentation
establishing the following: (1) the date on which the subject
merchandise was first entered, or withdrawn from warehouse, for
consumption; (2) the volume of its first shipment and any subsequent
shipments, including whether such shipments were made in commercial
quantities; and (3) the date of its first sale and any subsequent sales
to an unaffiliated customer in the United States.\8\ Finally, pursuant
to 19 CFR 351.214(b)(2)(vi), Sudarshan Chemical submitted a
certification that it informed the Government of India (GOI) that the
GOI will be required to provide a full response to Commerce's
questionnaire.
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\8\ Id. at Exhibits C and D.
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Commerce queried the database of U.S. Customs and Border Protection
(CBP) to confirm whether the shipment reported by Sudarshan Chemical
had entered the United States for consumption and that liquidation had
been suspended as subject to the Order.\9\ The CBP Entry Data for which
Commerce examined were consistent with the information submitted by
Sudarshan Chemical in its NSR request. In particular, the CBP Entry
Data confirmed the price and quantity reported by Sudarshan Chemical
for the sale that forms the basis for its NSR request. Finally,
Commerce's examination of the CBP Entry Data also leads it to conclude
that this sale is a suspended/Type-3 entry.
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\9\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data Query Results,'' dated May 30, 2023, at Attached
Excel Data File (CBP Entry Data).
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Period of Review
In accordance with 19 CFR 351.214(g)(2), in a countervailing duty
proceeding, the POR for an NSR will be the same period as that
specified in 19 CFR 351.213(e)(2) for a CVD administrative review.
Section 351.213(e)(2)(i) of Commerce's regulations provides that a CVD
administrative review normally will cover entries or exports of subject
merchandise during the most recently completed calendar year. Because
Sudarshan Chemical's NSR Request was submitted on January 20, 2023, the
POR for this NSR will be January 1, 2022, through December 31, 2022
(i.e., the most recently completed calendar year prior to the date of
Sudarshan Chemical's NSR Request).
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b),
and based on the information on the record, Commerce finds that
Sudarshan Chemical's NSR Request meets the threshold requirements for
initiating an NSR of its shipments of CVP-23 from India to the United
States.\10\ However, if the information submitted by Sudarshan Chemical
is later found to be incorrect or insufficient during the course of
this NSR, Commerce may rescind the review or apply adverse facts
available, pursuant to section 776 of the Act, as
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appropriate. Pursuant to 19 CFR 351.221(c)(1)(i), Commerce will publish
the notice of initiation of an NSR no later than the last day of the
month following the anniversary or semiannual anniversary month of the
order. Commerce intends to issue the preliminary results of this NSR no
later than 180 days from the date of initiation, and the final results
of this review no later than 90 days after the date the preliminary
results are issued.\11\
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\10\ See, generally, Sudarshan Chemical's NSR Request; see also
New Shipper Initiation Checklist: Sudarshan Chemical Industries
Limited, dated concurrently with this notice.
\11\ See section 751(a)(2)(B)(iii) of the Act.
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We intend to conduct this NSR in accordance with section
751(a)(2)(B) of the Act.\12\ Because Sudarshan Chemical certified that
it exported subject merchandise, the sale of which is the basis for its
NSR request, Commerce will instruct CBP to suspend, or continue to
suspend, liquidation of all entries of subject merchandise produced/or
exported by Sudarshan.
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\12\ The Act was amended by the Trade Facilitation Trade
Enforcement Act of 2015, which removed from section 751(a)(2)(B) of
the Act the provision directing Commerce to instruct CBP to allow an
importer the option of posting a bond or security in lieu of a cash
deposit during the pendency of an NSR. This was also codified in
Commerce's regulations at 19 CFR 351.214(e).
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Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306.
This initiation notice is published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: July 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-16466 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-DS-P
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