[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74873-74875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20860]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-838]


Carbazole Violet Pigment 23 From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2022-2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


[[Page 74874]]


SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that producers/exporters subject to this review did not make 
sales of subject merchandise at prices below normal value. The period 
of review (POR) is December 1, 2022, through November 30, 2023. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable September 13, 2024.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Henry Wolfe, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-5973, and (202) 
482-0574, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 8, 2024, based on a timely request for review, and in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act), Commerce initiated this administrative review of the 
antidumping duty (AD) order on carbazole violet pigment 23 (CVP-23) 
from India covering three companies: Gharda Chemicals, Ltd. (Gharda), 
Meghmani Pigments (Meghmani), and Navpad Pigments Pvt. Ltd. 
(Navpad).\1\ On March 1, 2024, we limited the number of respondents for 
individual examination in this administrative review to Meghmani and 
Navpad.\2\ On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\3\ The deadline for the 
preliminary results is now September 9, 2024. For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 89 FR 8641 (February 8, 2024). Additionally, 
we collapsed Meghmani Pigments and its affiliated company, Meghmani 
LLC, into a single entity based on our affiliation and collapsing 
analysis. See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Carbazole 
Violet Pigment 23 form India; 2022-2023,'' dated concurrently with, 
and herby adopted by, this notice (Preliminary Decision Memorandum).
    \2\ See Memorandum, ``Respondent Selection,'' dated March 1, 
2024.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \4\ See Preliminary Decision Memorandum.
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Scope of the Order <SUP>5</SUP>
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    \5\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Carbazole Violet Pigment 
23 from India, 69 FR 77988 (December 29, 2004) (Order).
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    The product covered by the Order is CVP-23, in any form. For a full 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price is calculated in accordance with 
section 772 of the Act. Normal value is calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum. A 
list of topics included in the Preliminary Decision Memorandum is 
included as an appendix to this notice. The Preliminary Decision 
Memorandum 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 https://access.trade.gov. In addition, the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate for the Non-Examined Company

    To determine the rate for non-selected companies in an 
administrative review, generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in a market economy investigation. Under section 735(c)(5)(A) of 
the Act, the all-others rate is normally ``an amount equal to the 
weighted average of the estimated weighted average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero or de minimis margins, and any margins determined 
entirely {on the basis of facts available.{time} ''
    Where the dumping margin for individually examined respondents are 
all zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable 
method to establish the estimated all-others rate for exporters and 
producers not individually investigated, including averaging the 
estimated weighted average dumping margins determined for the exporters 
and producers individually investigated.''
    In this review, we calculated weighted-average dumping margins for 
Meghmani and Navpad that are zero and we did not calculate any margins 
which are not zero, de minims, or determined entirely on the basis of 
facts available. Therefore, consistent with section 735(c)(5)(B) of the 
Act, we are applying to Gharda, the company not selected for individual 
examination in this review, a margin of zero percent.

Preliminary Results of Review

    As a result of our review, we preliminarily determine the following 
estimated weight-average dumping margins for the period December 1, 
2022, through November 30, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Gharda Chemicals Limited....................................        0.00
Meghmani Pigments/Meghmani LLC..............................        0.00
Navpad Pigments Pvt. Ltd....................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations used in our analysis 
to interested parties in this review within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).
    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\6\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\7\ 
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.\8\
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    \6\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \7\ 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).
    \8\ See 19 351.309(c)(2) and (d)(2)
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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 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\9\ 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

[[Page 74875]]

included in the issues and decision memorandum that will accompany the 
final results in this administrative review. 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).\10\
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    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ See APO and Service Procedures.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\11\ If the weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent), then Commerce will calculate 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping 
margin is zero or de minimis in the final results, or if an importer-
specific assessment rate is zero or de minimis in the final results, 
Commerce will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
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    \11\ See 19 CFR 351.212(b).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise that entered the United States 
during the POR that were produced by each respondent for which the 
respondent did not know that its merchandise was destined to the United 
States, Commerce will instruct CBP to liquidate unreviewed entries at 
the all-others rate, if there is no rate for the intermediate 
company(ies) involved in the transaction.\12\
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    \12\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment 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 injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of CVP-23 from India entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 27.48 percent, the 
all-others rate established in the investigation.\13\ These cash 
deposit rates, when imposed, shall remain in effect until further 
notice.
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    \13\ See Order.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised by the parties in any written briefs, within 
120 days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act, and 19 CFR 351.221(b)(4).

    Dated: September 9, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-20860 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P