MESSAGE NO: 8365206 DATE: 12/30/2008

CATEGORY: ADA TYPE: LIQ

REFERENCE: 8241203 REFERENCE DATE: 08/28/2008

CASES: A-533-838

PERIOD COVERED: 12/01/2006 TO 11/30/2007

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR CARBAZOLE VIOLET PIGMENT, 23 FROM INDIA
PRODUCED AND/OR EXPORTED BY ALPANIL, INDUSTRIES (A-533-838-001)

1\. FOR ALL SHIPMENTS OF CARBAZOLE VIOLET PIGMENT 23 (CVP 23)

FROM INDIA PRODUCED AND/OR EXPORTED BY ALPANIL INDUSTRIES

(ALPANIL) AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR

CONSUMPTION DURING THE PERIOD 12/01/2006 THROUGH 11/30/2007,

ASSESS AN ANTIDUMPING LIABILITY OF 49.57 PERCENT OF THE ENTERED

VALUE.

2\. THE ANTIDUMPING LIABILITY OF 49.57 PERCENT REFLECTS AN

ADJUSTMENT FOR A PORTION OF THE COUNTERVAILING DUTY RATE IN

EFFECT DURING THE PERIOD 12/01/2006 THROUGH 11/30/2007 THAT IS

ATTRIBUTABLE TO EXPORT SUBSIDIES. MESSAGE NO. 8241203, DATED

08/28/2008, INSTRUCTED U.S. CUSTOMS AND BORDER PROTECTION

(CBP)

TO ASSESS COUNTERVAILING DUTIES ON ENTRIES DURING THE PERIOD

01/01/2006 THROUGH 12/31/2006. IF CBP DOES NOT COLLECT

COUNTERVAILING DUTIES IN ACCORDANCE WITH THAT MESSAGE OR ANY

OTHER MESSAGE ON ENTRIES OF CVP 23 FROM INDIA PRODUCED AND/OR

EXPORTED BY ALPANIL AND ENTERED, OR WITHDRAWN FROM WAREHOUSE,

FOR CONSUMPTION DURING THE PERIOD 12/01/2006 THROUGH

11/30/2007, ASSESS AN ANTIDUMPING LIABILITY EQUAL TO 66.59

PERCENT OF THE ENTERED VALUE.

3\. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF

ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 12/01/2006

THROUGH 11/30/2007 OCCURRED WITH THE PUBLICATION OF THE FINAL

RESULTS OF ADMINISTRATIVE REVIEW (73 FR 74141 DATED

12/05/2008). FOR ALL OTHER SHIPMENTS OF CVP 23 FROM INDIA YOU

SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH

DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES AT THE CURRENT RATES.

4\. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED

BY THIS INSTRUCTION.

5\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP ON SHIPMENTS OR

ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF

SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES

THAT CBP PAY INTEREST ON OVERPAYMENTS OR ASSESS INTEREST ON

UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED

ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE

TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE

THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER

(12/29/2004). INTEREST SHALL BE CALCULATED FROM THE DATE

PAYMENT OF ESTIMATED ANTIDUMPING DUTIES IS REQUIRED THROUGH THE

DATE OF LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS

PAYABLE IS THE RATE IN EFFECT UNDER SECTION 6621 OF THE

INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.

6\. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE

THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS

DESCRIBED IN SECTION 351.402(f)(2) OF COMMERCE\'S REGULATIONS.

THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR

TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT

HAS AN AGREEMENT WITH THE MANUFACTURER, PRODUCER, SELLER, OR

EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES AND/OR

COUNTERVAILING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING AND/OR

INCREASE THE ANTIDUMPING DUTY BY THE AMOUNT OF THE

COUNTERVAILING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED

REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT PROVIDE THE

REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD

PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING AND/OR

COUNTERVAILING DUTIES DUE.

7\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP

OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD

OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984

OR (202) 482-3577 RESPECTIVELY (GENERATED BY O5:YJC).

8\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS

INFORMATION.

DAVID M. GENOVESE