[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 883-884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-224]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-892


Carbazole Violet Pigment 23 from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 8, 2008, the Department of Commerce (the 
Department) published the preliminary results and partial rescission of 
the 2006-2007 administrative review of the antidumping duty order on 
carbazole violet pigment 23 (CVP 23) from the People's Republic of 
China (PRC). See Carbazole Violet Pigment 23 from the People's Republic 
of China: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review, 73 FR 52007 (September 8, 2008) 
(Preliminary Results). We gave interested parties an opportunity to 
comment on the Preliminary Results. We received no comments. Therefore, 
the margin for the final results does not differ from the preliminary 
results. The final dumping margin is listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: January 9, 2009.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2657 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 2008, the Department published in the Federal 
Register the Preliminary Results. We invited parties to comment on the 
Preliminary Results. We did not receive any comments.

Period of Review

    The period of review is December 1, 2006 through November 30, 2007.

Scope of the Order

    The merchandise covered by the order is carbazole violet pigment 23 
identified as Color Index No. 51319 and Chemical Abstract No. 6358-30-
1, with the chemical name of diindolo [lsqb]3,2-b:3',2'-m[rsqb] 
triphenodioxazine, 8,18-dichloro-5, 15-diethy-5,15-dihydro-, and 
molecular formula of 
C<INF>34</INF>H<INF>22</INF>C<INF>l2,</INF>N<INF>4</INF>O<INF>2</INF>.\1
\ The subject merchandise includes the crude pigment in any form (e.g., 
dry powder, paste, wet cake) and finished pigment in the form of 
presscake and dry color. Pigment dispersions in any form (e.g., 
pigments dispersed in oleoresins, flammable solvents, water) are not 
included within the scope of this order. The merchandise subject to 
this 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, the 
written description of the scope of the order is dispositive.
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    \1\ The bracketed section of the product description, [lsqb]3,2-
b:3',2'-m[rsqb], is not business proprietary information, but is 
part of the chemical nomenclature.
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Separate Rates

    In the Preliminary Results, the Department noted that none of the 
11 companies in this administrative review responded to the 
Department's separate rate application/certification, including the 
single mandatory respondent in this review, Goldlink Industries 
Company, Limited (Goldlink). Goldlink also failed to respond to the 
Department's antidumping questionnaire. Accordingly, the Department 
found that

[[Page 884]]

Goldlink, along with the ten other companies in this review (Aesthetic 
Colortech (Shanghai) Company, Limited (Aesthetic Colortech); Anhui 
Worldbest IE Company, Limited (Anhui Worldbest); Cidic Company, Limited 
(Cidic); Ganguink Company, Pigment Division (Ganguink); Hunan 
Sunlogistics International Company, Limited (Hunan Sunlogistics); 
Hygeia-Chem (Shanghai) Company, Limited (Hygeia-Chem); Pudong Prime 
International Logistic Incorporated (Pudong Prime); Shanghai Rainbow 
Dyes Import and Export (Shanghai Rainbow); Sinocol Corporation, Limited 
(Sinocol); and Yangcheng Tiacheng Chemical Company, Limited (Yangcheng 
Chemical)) did not qualify for separate rate status. See Preliminary 
Results, 73 FR at 52009. As a result, the Department considered these 
11 companies to be part of the PRC-wide entity, which is assigned a 
rate of 241.32 percent based on facts otherwise available with an 
adverse inference. See Preliminary Results, 73 FR at 52009-52011. The 
Department did not receive any comments on this issue.

Use of Facts Otherwise Available and the PRC-Wide Rate

    As noted above, the Department determined that Aesthetic Colortech, 
Anhui Worldbest, Cidic, Ganguink, Goldlink, Hunan Sunlogistics, Hygeia-
Chem, Pudong Prime, Shanghai Rainbow, Sinocol, and Yangcheng Chemical 
did not demonstrate eligibility for separate rate status, and thus were 
properly considered to be part of the PRC-wide entity. As the 
Department found that the PRC-wide entity failed to cooperate to the 
best of its ability in responding to the Department's requests for 
information and thereby impeded the Department's proceeding, the 
Department assigned the PRC-wide entity a rate based on facts otherwise 
available with an adverse inference pursuant to sections 776(a)(1) and 
776(a)(2)(A), (B), and (C) and section 776(b) of the Tariff Act of 
1930, as amended (the Act). See Preliminary Results, 73 FR at 52009-
52010. The Department did not receive any comments regarding its 
application of adverse facts available (AFA) to the PRC-wide entity in 
the Preliminary Results. Therefore, for these final results, the 
Department has not altered its analysis or decision to apply total AFA 
to the PRC-wide entity.

Final Results of Review

    We determine that the following antidumping duty margin exists for 
the period December 1, 2006 through November 30, 2007:

------------------------------------------------------------------------
                                                                Margin
                    Exporter/Manufacturer                      (percent)
------------------------------------------------------------------------
PRC-Wide Rate (including Aesthetic Colortech, Anhui           241.32[per
 Worldbest, Cidic, Ganguink, Goldlink, Hunan Sunlogistics,          cnt]
 Hygeia-Chem, Pudong Prime, Shanghai Rainbow, Sinocol, and
 Yangcheng Chemical)........................................
------------------------------------------------------------------------

Assessment of Antidumping Duties

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries pursuant to section 751(a)(1)(B) of the Act and 19 CFR 
351.212(b)(1). The Department intends to issue assessment instructions 
directly to CBP 15 days after the date of publication of the final 
results of this review.

Cash Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of the final results for shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the final results, as provided by section 
751(a)(2)(C) of the Act: (1) for subject merchandise exported by the 
PRC-wide entity, including Aesthetic Colortech, Anhui Worldbest, Cidic, 
Ganguink, Goldlink, Hunan Sunlogistics, Hygeia-Chem, Pudong Prime, 
Shanghai Rainbow, Sinocol, and Yangcheng Chemical, the cash-deposit 
rate will be equal to 241.32 percent; (2) for previously investigated 
or reviewed PRC and non-PRC exporters not listed above that have a 
separate rate, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all other 
PRC exporters of subject merchandise which have not been found to be 
entitled to a separate rate, the cash-deposit rate will be the PRC-wide 
rate of 241.32 percent; (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash-deposit 
rate will be the rate applicable to the PRC exporter that supplied that 
non-PRC exporter.
    These deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a final reminder to parties subject to 
the administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305. 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.
    This notice of final results is issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 2, 2009.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[lsqb]FR Doc. E9-224 Filed 1-8-09; 8:45 am[rsqb]
BILLING CODE 3510-DS-S