• Effective Date: Oct 14, 2011

1. ON 10/14/2011, IN RESPONSE TO A REQUEST BY NATION FORD CHEMICAL COMPANY AND SUN CHEMICAL CORPORATION, COMMERCE ISSUED A FINAL SCOPE DETERMINATION THAT CRUDE CVP 23 FROM THE PEOPLE'S REPUBLIC OF CHINA AND INDIA CONVERTED INTO FINISHED CVP 23 IN JAPAN BY TOYO INK MFG. CO., LTD. IS WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING CVP 23 FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-892), THE ANTIDUMPING DUTY ORDER COVERING CVP 23 FROM INDIA (A-533-838), AND THE COUNTERVAILING DUTY ORDER COVERING CVP 23 FROM INDIA (C-533-839). THAT FINAL RULING CONFIRMED THE DEPARTMENT'S PRELIMINARY SCOPE DETERMINATION (SEE MESSAGE 1138309, DATED 05/18/2011).

2. BECAUSE COMMERCE FOUND THE PROCESSING OF CRUDE CVP 23 FROM THE PEOPLE'S REPUBLIC OF CHINA AND INDIA INTO FINISHED CVP 23 IN JAPAN BY TOYO INK MFG. CO., LTD. DOES NOT CONSTITUTE SUBSTANTIAL TRANSFORMATION, COMMERCE FOUND CVP 23 FINISHED IN JAPAN BY TOYO INK MFG. CO., LTD. TO BE WITHIN THE SCOPE OF THE ANTIDUMPING AND COUNTERVAILING DUTY ORDERS. CVP 23 FINISHED IN JAPAN BY TOYO INK MFG. CO., LTD. MAY CONSIST OF COMMINGLED CHINESE AND INDIAN CRUDE, MAY BE PURELY CHINESE IN ORIGIN, OR MAY BE PURELY INDIAN IN ORIGIN.

3. THEREFORE, THE QUANTITY OF CVP 23 ORIGINATING FROM THE PEOPLE'S REPUBLIC OF CHINA IS SUBJECT TO ANTIDUMPING DUTIES UNDER A-570-892 BASED ON THE ENTERED VALUE OF THAT QUANTITY AT THE PREVAILING ANTIDUMPING DUTY RATE(S) IN EFFECT FOR THE CHINESE MANUFACTURER(S) WHICH PRODUCED THE CRUDE CVP 23.

4. IN ADDITION, THE QUANTITY OF CVP 23 ORIGINATING FROM INDIA IS SUBJECT TO ANTIDUMPING DUTIES UNDER A-533-838 AND COUNTERVAILING DUTIES UNDER C-533-839 BASED ON THE ENTERED VALUE OF THAT QUANTITY AT THE PREVAILING ANTIDUMPING AND COUNTERVAILING DUTY RATES IN EFFECT FOR THE INDIAN MANUFACTURER(S) WHICH PRODUCED THE CRUDE CVP 23.

5. IF THE ORIGIN OF THE CHINESE AND/OR INDIAN CVP 23 CANNOT BE ACCURATELY DETERMINED, THEN THE ENTIRE SHIPMENT IS SUBJECT TO ANTIDUMPING DUTIES AT THE PREVAILING RATE FOR THE PRC-WIDE ENTITY (A-570-892-000).

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF CVP 23 PROCESSED INTO FINISHED CVP 23 IN JAPAN BY TOYO INK MFG. CO., LTD. FROM CRUDE CVP 23 ORIGINATING FROM THE PEOPLE'S REPUBLIC OF CHINA AND INDIA, SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING CVP 23 FROM THE PEOPLE'S REPUBLIC OF CHINA, THE ANTIDUMPING DUTY ORDER COVERING CVP 23 FROM INDIA, AND THE COUNTERVAILING DUTY ORDER COVERING CVP 23 FROM INDIA, AS APPLICABLE.

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 THE 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 O7:DS).

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

MICHAEL B. WALSH