Notice2024-06523
Carbazole Violet Pigment 23 From India: Final Results of Antidumping Duty New Shipper Review; 2021-2022
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
March 27, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) has conducted a new shipper review (NSR) of Sudarshan Chemical Industries Limited (Sudarshan) regarding the antidumping duty order on carbazole violet pigment 23 from India (CVP-23). The period of review (POR) is December 1, 2021, through November 30, 2022. Based on our analysis, Commerce finds that Sudarshan did not make sales of subject merchandise at less than normal value during the POR.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 60 (Wednesday, March 27, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Pages 21236-21237]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06523]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-838]
Carbazole Violet Pigment 23 From India: Final Results of
Antidumping Duty New Shipper Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has conducted a new
shipper review (NSR) of Sudarshan Chemical Industries Limited
(Sudarshan) regarding the antidumping duty order on carbazole violet
pigment 23 from India (CVP-23). The period of review (POR) is December
1, 2021, through November 30, 2022. Based on our analysis, Commerce
finds that Sudarshan did not make sales of subject merchandise at less
than normal value during the POR.
DATES: Applicable March 27, 2024.
FOR FURTHER INFORMATION CONTACT: Dennis McClure at (202) 482-5973 or
Henry Wolfe at (202) 482-0574, AD/CVD Operations, Office VIII,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
On November 24, 2023, Commerce published in the Federal Register
its preliminary results and indicated that interested parties will be
notified of the deadline for the submission of case briefs at a later
date.\1\ Because Commerce received no comments from any interested
party, no decision memorandum accompanies this notice. The deadline for
these final results has been extended by 57 days to April 12, 2024.\2\
---------------------------------------------------------------------------
\1\ See Carbazole Violet Pigment 23 from India: Preliminary
Results of New Shipper Review; 2021-2022, 88 FR 82316, 82317
(November 24, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum; see also Memorandum,
``Establishment of the Briefing Schedule,'' dated February 2, 2024.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty New Shipper Review,'' dated January 31, 2023.
---------------------------------------------------------------------------
Commerce conducted this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order \3\
---------------------------------------------------------------------------
\3\ 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 carbazole violet pigment 23.
The merchandise subject to the 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, our written description of the scope of this Order is
dispositive. For a full description of the scope of the Order, see the
Preliminary Results.
Verification
Commerce verified Sudarshan's questionnaire responses between
November 30 and December 8, 2023.\4\ We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by Sudarshan.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Sales and Cost Verification Report for
Sudarshan Chemical Industries Limited and Sudarshan North America,''
dated January 31, 2024.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on its findings at verification, Commerce made several
changes to the Preliminary Results. A summary of these changes, which
are fully described in the Calculation Memorandum,\5\ is as follows:
---------------------------------------------------------------------------
\5\ See Memorandum, ``Final Determination Margin Calculation for
Sudarshan Chemical Industries Limited,'' dated concurrently with
this notice (Calculation Memorandum).
---------------------------------------------------------------------------
<bullet> Commerce revised the U.S. and comparison market sales
databases consistent with the minor corrections provided by Sudarshan
at verification.\6\
---------------------------------------------------------------------------
\6\ See Sudarshan's Letter, ``Minor Corrections,'' dated
December 4, 2023, at Exhibits 2 and 3.
---------------------------------------------------------------------------
<bullet> For comparison market sales, Commerce revised the reported
indirect selling expenses to include certain expenses previously
incorrectly reported as general and administrative (G&A) expenses.
Commerce also revised the reported inventory carrying costs to use the
corrected total cost of manufacturing.\7\
---------------------------------------------------------------------------
\7\ See Calculation Memorandum at 2.
---------------------------------------------------------------------------
<bullet> With respect to the reported cost data, Commerce revised
the G&A expense ratio to exclude certain incorrectly reported expenses.
Commerce also revised the interest expense ratio to include the net
consolidated foreign exchange amount.\8\
---------------------------------------------------------------------------
\8\ Id. at 3.
---------------------------------------------------------------------------
<bullet> For U.S. sales, Commerce recalculated foreign market
indirect selling expenses to reflect the currency in which they were
incurred (i.e., Indian rupees). Commerce revised the indirect selling
expenses incurred in the United States to include expenses that were
previously incorrectly excluded. Additionally, Commerce added the
countervailing duties for export subsidies on U.S. sales of CVP-23.
Commerce also revised the reported inventory carrying costs incurred in
the United States to use the transfer price of CVP-23 between Sudarshan
and its United States subsidiary, Sudarshan North America. Further,
Commerce revised the inventory carrying costs incurred in the country
of manufacture to use the corrected total cost of manufacturing.\9\
---------------------------------------------------------------------------
\9\ Id. at 3 to 5.
---------------------------------------------------------------------------
Final Results of Review
As a result of this new shipper review, Commerce determines that
the following weighted-average dumping margin exists for the POR
December 1, 2021, through November 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer and exporter dumping
margin
(percent)
------------------------------------------------------------------------
Sudarshan Chemical Industries Limited...................... 0.00
------------------------------------------------------------------------
Disclosure
Consistent with 19 CFR 351.224(b), Commerce intends to disclose to
interested parties the calculations performed in connection with these
final results of review within five days of after the date of
publication of this notice in the Federal Register.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review.\10\ Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these final results in the
[[Page 21237]]
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).
---------------------------------------------------------------------------
\10\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.212(b)(1), because Sudarshan's weighted-
average dumping margin is zero, Commerce will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties.\11\
---------------------------------------------------------------------------
\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from India entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for subject merchandise produced
and exported by Sudarshan, no cash deposit will be required; \12\ (2)
for subject merchandise exported, but not produced by Sudarshan, the
cash deposit rate will be the producer's rate, or the all-others rate
(i.e., 27.48 percent) \13\ if the producer does not have its own rate;
and (3) for subject merchandise produced, but not exported by
Sudarshan, the cash deposit rate will be the rate applicable to the
exporter, or the all others rate if the exporter does not have its own
rate. These cash deposit requirements, when imposed, shall remain in
effect until further notice.
---------------------------------------------------------------------------
\12\ Commerce established a combination cash deposit rate for
this company, consistent with its practice in new shipper reviews.
See, e.g., Certain Cut-To-Length Carbon-Quality Steel Plate Products
from the Republic of Korea: Preliminary Results of Antidumping Duty
Administrative and New Shipper Reviews and Rescission of
Administrative Review, In Part; 2014-2015, 81 FR 12870, 12871 (March
11, 2016).
\13\ See Order, 69 FR at 77989.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing these final results of the new
shipper review in accordance with sections 751(a)(2)(B) and 777(i)(1)
of the Act, and 19 CFR 351.214(h)(2).
Dated: March 21, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-06523 Filed 3-26-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 27, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.