Notice2024-25342
Carbazole Violet Pigment 23 From India: Final Results of Countervailing Duty New Shipper Review; 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
October 31, 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 countervailing duty order on carbazole violet pigment 23 (CVP-23) from India. The period of review (POR) is January 1, 2022, through December 31, 2022. Based on our analysis, we continue to find that countervailable subsidies were provided to Sudarshan with the respect to the production of CVP-23 from India during the POR.
Full Text
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<title>Federal Register, Volume 89 Issue 211 (Thursday, October 31, 2024)</title>
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[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Notices]
[Pages 86786-86787]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25342]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-839]
Carbazole Violet Pigment 23 From India: Final Results of
Countervailing Duty New Shipper Review; 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 countervailing duty order on carbazole violet
pigment 23 (CVP-23) from India. The period of review (POR) is January
1, 2022, through December 31, 2022. Based on our analysis, we continue
to find that countervailable subsidies were provided to Sudarshan with
the respect to the production of CVP-23 from India during the POR.
DATES: Applicable October 31, 2024.
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
On May 28, 2024, Commerce published the Preliminary Results of this
NSR.\1\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\2\ On August 16, we extended
the deadline for these final results until October 16, 2024.\3\ Between
August 27 and 30, 2024, we conducted verification of Sudarshan's
questionnaire responses that were submitted in this NSR.\4\ On
September 12, 2024, we established the deadline for the submission of
case and rebuttal briefs.\5\ On September 19, 2024, a case brief was
timely submitted on behalf of Sudarshan.\6\ No other interested party
submitted a case or rebuttal brief. On October 16, 2024, we further
extended the deadline for the final results for this NSR to its current
deadline of October 24, 2024.\7\ For a description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\8\
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\1\ See Carbazole Violet Pigment 23 from India: Preliminary
Results of Countervailing Duty New Shipper Review; 2022, 89 FR 46063
(May 28, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty New Shipper Review,'' dated August 16, 2024.
This extension of deadline memorandum inadvertently references
October 17, 2024, rather than October 16, 2024, as the extended
deadline for the final results.
\4\ See Memorandum, ``Verification of Questionnaire Responses
Submitted by Sudarshan Chemical Industries Limited,'' dated
September 12, 2024 (Sudarshan's Verification Report).
\5\ See Memorandum, ``Briefing Schedule,'' dated September 12,
2024.
\6\ See Sudarshan's Letter, ``Case Brief,'' dated September 19,
2024 (Sudarshan's Case Brief).
\7\ See Memorandum, ``Second Extension of Deadline for Final
Results of Countervailing Duty New Shipper Review,'' dated October
16, 2024.
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of New Shipper Review of the Countervailing Duty Order
on Carbazole Violet Pigment 23 from India; 2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order <SUP>9</SUP>
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\9\ See Notice of Countervailing Duty Order: Carbazole Violet
Pigment 23 from India, 69 FR 77995 (December 29, 2004) (Order).
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The product covered by the Order is CVP-23 from India. For a full
description of the scope of the Order, see the Issues and Decision
Memorandum.
Verification
Commerce conducted verification of Sudarshan's questionnaire
responses between August 27 and 30, 2024.\10\ We used standard
verification procedures, including an examination of relevant
accounting records and original source documents provided by Sudarshan.
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\10\ See Sudarshan's Verification Report.
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Analysis of Comments Received
All issues raised in Sudarshan's Case Brief are addressed in the
Issues and Decision Memorandum.\11\ A list of the issues addressed is
attached in the appendix to this notice. The Issues and Decision
Memorandum is a public document and 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accesses directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\11\ As referenced above, Sudarshan was the only interested
party that submitted a case or rebuttal brief.
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Changes Since the Preliminary Results
Based on record information, the results of Sudarshan's
verification, and comments received from Sudarshan, we made certain
changes to the Preliminary Results regarding Sudarshan's subsidy
calculation. These changes are explained in the Issues and Decision
Memorandum.
Methodology
Commerce conducted this NSR in accordance with section 751(a)(2)(B)
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214.
For each subsidy program found to be countervailable, Commerce finds
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\12\ For a full description of the methodology underlying
Commerce's conclusions,
[[Page 86787]]
see the Issues and Decision Memorandum.
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\12\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Final Results of New Shipper Review
As a result of this NSR, Commerce determines that the following net
countervailable subsidy rate exists for the period January 1, 2022,
through December 31, 2022:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Sudarshan Chemical Industries Limited................... 6.75
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Disclosure
Consistent with 19 CFR 351.224(b), Commerce intends to disclose to
interested parties the calculations performed in connection with the
final results of this NSR within five days of 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, countervailing duties on all appropriate entries of
subject merchandise covered by this NSR.\13\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of these final results 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).
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\13\ See section 751(a)(2)(C) of the Act; and 19 CFR
351.212(b)(1).
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Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount shown above for Sudarshan on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this NSR. These cash deposit requirements shall remain in
effect until further notice.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
APO of their responsibility concerning the destruction of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). 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.
Notification to Interested Parties
Commerce is issuing the final results of this NSR and publishing
this notice in accordance with sections 751(a)(2)(B) and 777(i)(1) of
the Act, and 19 CFR 351.214.
Dated: October 24, 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.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Bona Fide Analysis
VI. Changes Since the Preliminary Results
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Revise its Preliminary
Benefit Calculation Methodology for the Remission of Duties and
Taxes on Export Products (RoDTEP) Program
Comment 2: Whether the Electricity Rebate on Excess Consumption
Program Is Countervailable
Comment 3: Whether Commerce Should Revise its Preliminary
Benefit Calculation Methodology for the Electricity Rebate on Excess
Consumption Program
Comment 4: Whether Commerce Should Revise its Preliminary
Subsidy Rate Calculation Methodology for the Advance Authorization
Program
Comment 5: Whether Commerce Should Rely on Information Received
at Verification To Calculate Sudarshan's Benefit for the Duty
Drawback Program
Comment 6: Whether the Pre-Shipment Export Financing Program Is
Countervailable
IX. Recommendation
[FR Doc. 2024-25342 Filed 10-30-24; 8:45 am]
BILLING CODE 3510-DS-P
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