Notice2025-06288
Carbazole Violet Pigment 23 From India: Preliminary Results of Countervailing Duty Administrative 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
April 14, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of carbazole violet pigment 23 (CVP-23) from India. The period of review (POR) is January 1, 2022, through December 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 70 (Monday, April 14, 2025)</title>
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[Federal Register Volume 90, Number 70 (Monday, April 14, 2025)]
[Notices]
[Pages 15561-15563]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06288]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-839]
Carbazole Violet Pigment 23 From India: Preliminary Results of
Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of carbazole violet pigment 23 (CVP-23) from
India. The period of review (POR) is January 1, 2022, through December
31, 2022. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable April 14, 2025.
FOR FURTHER INFORMATION CONTACT: Brian Warnes, 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) 482-0028.
SUPPLEMENTARY INFORMATION:
Background
On November 17, 2004, Commerce published the countervailing duty
(CVD) order on CVP-23 from India.\1\ On February 8, 2024, Commerce
published in the Federal Register a notice of initiation of an
administrative review of the Order.\2\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\3\ On August 7, 2024, Commerce extended the deadline for the
preliminary results until December 13, 2024.\4\ On December 2, 2024,
Commerce extended the deadline for the preliminary results until
January 6, 2025.\5\ On December 9, 2024, Commerce tolled certain
deadlines in this administrative proceeding by 90 days.\6\ The current
deadline for the preliminary results in this administrative review is
April 7, 2025.
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\1\ See Final Affirmative Countervailing Duty Determination:
Carbazole Violet Pigment 23 From India, 69 FR 67321 (November 17,
2004) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 8641 February 8, 2024).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 26, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated August
7, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
December 2, 2024.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
December 9, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Carbazole Violet Pigment 23 from India; 2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by this Order is CVP-23 from India. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
[[Page 15562]]
Methodology
Commerce is conducting this CVD administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\8\ For a full description
of the methodology underlying our preliminary conclusions, including
our reliance, in part on adverse facts available pursuant to sections
776(a) and (b) of the Act, see the Preliminary Decision Memorandum.
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\8\ 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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Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not address the establishment
of a rate to apply companies not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(e)(2) of the Act. However, Commerce normally
determines the rates for non-selected companies in reviews in a manner
that is consistent with section 705(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation.
Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) states that for companies not
investigated, in general, we will determine an all-others rate by
weight averaging the countervailable subsidy rates established for each
of the companies individually investigated, excluding zero and de
minimis rates or any rates based solely on the facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\9\ We preliminarily find that Gharda Chemicals, Ltd.
(Gharda) and Meghmani Pigments (Meghmani) received countervailable
subsidies at above de minimis rates and not based entirely on facts
available. Commerce calculated the rate assigned to the companies under
review that were not selected for individual examination using a simple
average of the individual estimated subsidy rates calculated for the
examined respondents.\10\
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\9\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\10\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sales values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly-ranged sales data were not
available, Commerce based the all-others rate on a simple average of
the mandatory respondents' estimated subsidy rates.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rate for the period January 1,
2022, through December 31, 2022:
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\11\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Gharda: Gujarat Insecticides Ltd.
\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Meghmani: Meghmani LLP.
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Subsidy rate
Company (percent ad
valorem)
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Gharda Chemicals, Ltd \11\.............................. 3.36
Meghmani Pigments \12\.................................. 8.70
Navapd Pigments Pvt. Ltd................................ 6.03
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed in connection with these preliminary results to interested
parties within five days of any public announcement or, if there is no
public announcement, within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii),), we have modified the deadline for interested
parties to submit case briefs to Commerce to no later than 21 days
after the date of the publication of this notice.\13\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date of filing case briefs.\14\ 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.\15\ All briefs must be filed electronically using
ACCESS.\16\ An electronically filed document must be received
successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\13\ See 19 CFR 351.309.
\14\ 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).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See 19 CFR 351.303 (for general filing requirements).
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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
parties provide at the beginning of their briefs a public, executive
summary for each issue raised in their briefs.\17\ 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 included in the issues and decision memorandum that will
accompany the final determination in this investigation. We request
that interested parties include footnotes for relevant citations in the
public executive summary of each issue. Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce
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intends to hold the hearing at a time and date to be determined.
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date of the hearing.
Final Results
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by parties in their comments, within 120
days after the date of publication of these preliminary results.
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue 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 injection has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends, upon publication of the final results, to instruct CBP to
collect cash deposits of estimated countervailing duties in the amount
shown for the company listed above with regard to shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. For
all non-reviewed firms, CBP will continue to collect cash deposits of
estimated countervailing duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: April 7, 2025.
Christopher Abbott,
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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Diversification of India's Economy
VI. Subsidies Valuation
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Application of Adverse
Inferences
IX. Analysis of Programs
X. Rate for Non-Selected Companies
XI. Recommendation
[FR Doc. 2025-06288 Filed 4-11-25; 8:45 am]
BILLING CODE 3510-DS-P
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