[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Notices]
[Pages 15101-15102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5859]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-892]


Carbazole Violet Pigment 23 from the People's Republic of China: 
Notice of Amended Final Determination in Accordance With Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 30, 2007.
SUMMARY: On December 8, 2006, the United States Court of International 
Trade (``CIT'') sustained the final remand determination made by the 
Department of Commerce (``the Department'') pursuant to the CIT's 
remand of the final determination of the less-than-fair-value 
investigation of Carbazole Violet Pigment 23 (``CVP 23'') from the 
People's Republic of China. See Goldlink Industries Co., Ltd., Trust 
Chem Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. v. 
United States, and Nation Ford Chemical Company and Sun Chemical 
Corporation, and Clariant Corporation, Consol. Ct. 05-00060 (CIT Dec. 
8, 2006). As there is now a final and conclusive court decision in this 
case, the Department is amending the final determination of this 
investigation.

FOR FURTHER INFORMATION CONTACT: Charles Riggle at (202) 482-0650, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: On November 17, 2004, the Department 
published in the Federal Register its final determination in the above-
referenced investigation covering the period of April 1, 2003, through 
September 30, 2003. See Notice of Final Determination of Sales at Less 
Than Fair Value: Carbazole Violet Pigment 23 from the People's Republic 
of China, 69 FR 67304 (November 17, 2004) (``Final Determination''). In 
the Final Determination, the Department (1) Applied total adverse facts 
available (``AFA'') to Tianjin Hanchem International Trading Co., Ltd. 
(``Hanchem''); (2) determined that the subsidies received by Pidilite 
Industries, Ltd. (``Pidilite''), an Indian producer of CVP 23, did not 
distort Pidilite's financial ratios; (3) valued benzene sulfonyl 
chloride using HTS number 2904.10.10; (4) valued calcium chloride based 
on 70-percent chemical concentration; (5) declined to value steam 
because the only steam values on the record were based on U.S. price 
quotes; and (6) did not include terminal charges and brokerage fees in 
movement costs. In Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., 
Tianjin Hanchem International Trading Co., Ltd. v. United States, 431 
F. Supp. 2d 1323 (CIT May 4, 2006), the CIT remanded the underlying 
Final Determination to the Department: to (1) re-examine its 
determination to apply total AFA to Hanchem; (2) further explain its 
determination that the subsidies Pidilite

[[Page 15102]]

received did not distort Pidilite's financial ratios; (3) re-examine 
the surrogate values for benzene sulfonyl chloride, calcium chloride 
and steam; (4) either include terminal charges and brokerage fees in 
movement costs, or precisely and reasonably explain its decision not to 
include such costs; and (5) re-open the record and allow parties to 
submit new information as necessary.
    On October 16, 2006, the Department issued to the CIT its final 
results of redetermination pursuant to remand. In the remand 
redetermination the Department: (1) Applied partial AFA to Hanchem; (2) 
explained how the subsidies Pidilite received did not distort 
Pidilite's financial ratios; (3) re-calculated the surrogate values for 
benzene sulfonyl chloride, calcium chloride and steam; (4) explained 
why it is not appropriate to include terminal charges and brokerage 
fees in movement costs; and (5) calculated a surrogate value for steam. 
Thus, the Department recalculated the antidumping duty rates applicable 
to Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Hanchem, 
Nantong Haidi Chemicals Co., Ltd., and the PRC-wide entity. On December 
8, 2006, the CIT sustained the Department's final redetermination. See 
Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Tianjin Hanchem 
International Trading Co., Ltd. v. United States, and Nation Ford 
Chemical Company and Sun Chemical Corporation, and Clariant 
Corporation, Ct. No. 05-00060, Slip Op. 06-65 (CIT December 8, 2006).
    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit in Timken Company v. United States and China 
National Machinery and Equipment Import and Export Corporation, 893 
F.2d 337 (Fed. Cir. 1990), on January 4, 2007, the Department published 
a notice announcing that the CIT's final judgement was not in harmony 
with the Department's Final Determination. No party appealed the CIT's 
decision. Therefore, there is now a final and conclusive court decision 
in this case.

Amended Final Determination

    As the litigation in this case has concluded, the Department is 
amending the Final Determination. The revised dumping margins are as 
follows:

------------------------------------------------------------------------
                                                                 Margin
                    Exporter/Manufacturer                      (percent)
------------------------------------------------------------------------
Goldlink Industries Co., Ltd.................................      12.46
Trust Chem Co., Ltd..........................................      39.29
Tianjin Hanchem International Trading Co., Ltd...............      85.41
Nantong Haidi Chemicals Co., Ltd.............................      57.07
PRC-Wide Rate................................................     241.32
------------------------------------------------------------------------

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: March 22, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-5859 Filed 3-29-07; 8:45 am]
BILLING CODE 3510-DS-S