[Federal Register: June 11, 2003 (Volume 68, Number 112)]
[Page 35003-35004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Investigation Nos. 701-TA-436 (Preliminary) and 731-TA-1042 

Certain Colored Synthetic Organic Oleoresinous Pigment 
Dispersions From India

AGENCY: United States International Trade Commission.

ACTION: Institution of countervailing duty and antidumping 
investigations and scheduling of the preliminary phase investigations.


SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase countervailing 
duty and antidumping investigation nos. 701-TA-436 (Preliminary) and 
731-TA-1042 (Preliminary) under sections 703(a) and 733(a) of the 
Tariff Act of 1930 (19 U.S.C. 1671b(a) and 19 U.S.C. 1673b(a)) (the 
Act) to determine whether there is a reasonable indication that an 
industry in the United States is materially injured or threatened with 
material injury, or the establishment of an industry in the United 
States is materially retarded, by reason of imports from India of 
certain colored synthetic organic oleoresinous pigment dispersions. 
This petition covers imports of colored synthetic organic pigment 
dispersions, in flush or base form, containing pigments classified in 
either the Azo or Phthalo chemical classes that have been dispersed in 
an oleoresinous organic vehicle system comprising assorted combinations 
of various solvents, oils, and resins (``the varnish''). The subject 
pigment dispersions are a thick putty that contain by weight 20 percent 
or more pigment dispersed in the varnish. The subject pigment 
dispersions are used primarily for the manufacture of letterpress and 
lithographic printing inks, provided for in subheadings 3204.17.6020 
(Pigment Blue 15:4), 3204.17.6085 (Pigments Red 48:1, Red 48:2, Red 
48:3, and Yellow 174), 3204.17.90 (Pigments Red 57:1, Yellow 12, Yellow 
13, Yellow 74, Blue 15:3, Green 7), and 3204.17.9085 (Pigments Red 22, 
Red 48:4, Red 49:1, Red 49:2, Red 52:1, Red 53:1, Yellow 14, Yellow 83, 
and Green 36) of the Harmonized Tariff Schedule of the United States, 
that are alleged to be subsidized by the Government of India and 
alleged to be sold in the United States at less than fair value. Unless 
the Department of Commerce extends the time for initiation pursuant to 
section 702(c)(1)(B) and 732(c)(1)(B) of the Act (19 U.S.C. 
1671a(c)(1)(B) and (19 U.S.C. 1673a(c)(1)(B)), the Commission must 
reach a preliminary determination in these investigations in 45 days, 
or in this case by July 21, 2003. The Commission's views are due at 
Commerce within five business days thereafter, or by July 28, 2003.
    For further information concerning the conduct of these 
investigations and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR 
part 207).

EFFECTIVE DATE: June 5, 2003.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187 or 
fruggles@usitc.gov), Office of Investigations, U.S. International Trade 
Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired 
persons can obtain information on this matter by contacting the 
Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov). The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.



    These investigations are being instituted in response to a petition 
filed on June 5, 2003, by Apollo Colors, Inc., Rockdale, IL, General 
Press Colors, Ltd.,

[[Page 35004]]

Addison, IL, Magruder Color Company, Inc., Elizabeth, NJ, and Sun 
Chemical Corporation, Fort Lee, NJ.

Participation in the Investigations and Public Service List

    Persons (other than petitioners) wishing to participate in these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission countervailing duty and antidumping 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.

Limited Disclosure of Business Proprietary Information (BPI) Under an 
Administrative Protective Order (APO) and BPI Service List

    Pursuant to section 207.7(a) of the Commission's rules, the 
Secretary will make BPI gathered in these investigations available to 
authorized applicants representing interested parties (as defined in 19 
U.S.C. 1677(9)) who are parties to these investigations under the APO 
issued in these investigations, provided that the application is made 
not later than seven days after the publication of this notice in the 
Federal Register. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.


    The Commission's Director of Operations has scheduled a conference 
in connection with these investigations for 9:30 a.m. on June 27, 2003, 
at the U.S. International Trade Commission Building, 500 E Street SW., 
Washington, DC. Parties wishing to participate in the conference should 
contact Fred Ruggles (202-205-3187 or fruggles@usitc.gov) not later 
than June 25, 2003, to arrange for their appearance. Parties in support 
of the imposition of countervailing duties and antidumping duties in 
these investigations and parties in opposition to the imposition of 
such duties will each be collectively allocated one hour within which 
to make an oral presentation at the conference. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the conference.

Written Submissions

    As provided in sections 201.8 and 207.15 of the Commission's rules, 
any person may submit to the Commission on or before July 2, 2003, a 
written brief containing information and arguments pertinent to the 
subject matter of these investigations. Parties may file written 
testimony in connection with their presentation at the conference no 
later than three days before the conference. If briefs or written 
testimony contain BPI, they must conform with the requirements of 
sections 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means, except to the extent 
permitted by section 201.8 of the Commission's rules, as amended, 67 FR 
68036 (November 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the rules, each 
document filed by a party to these investigations must be served on all 
other parties to these investigations (as identified by either the 
public or BPI service list), and a certificate of service must be 
timely filed. The Secretary will not accept a document for filing 
without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.12 of the Commission's rules.

    Issued: June 6, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-14793 Filed 6-10-03; 8:45 am]