[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5132-5135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01063]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination of
No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on certain lined
paper products from India, covering the period of review (POR),
September 1, 2018 through August 31, 2019. We preliminarily find that
Navneet Education Ltd. (Navneet) and Super Impex did not make sales of
subject merchandise at less than normal value during the POR. We invite
interested
[[Page 5133]]
parties to comment on these preliminary results.
DATES: Applicable January 19, 2021.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington DC 20230; telephone: (202) 482-7851.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published the Order in the Federal
Register.\1\ On November 12, 2019, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act), Commerce initiated an
administrative review of the Order.\2\
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\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value: Certain Lined Paper Products from the People's
Republic of China; Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the People's Republic of
China; and Notice of Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949 (September 28, 2006)
(Order).
\2\ Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019) (Initiation
Notice).
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\3\ On June 11, 2020, we extended the deadline for
the preliminary results to November 18, 2020.\4\ On July 21, 2020,
Commerce tolled all deadlines in administrative reviews by an
additional 60 days.\5\ The deadline for the preliminary results of this
review is now January 19, 2021.
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\4\ See Memorandum, ``Certain Lined Paper Products from India:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review; 2018-2019,'' dated June 11, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Commerce initiated this administrative review covering the
following 13 companies: Cellpage Ventures Private Limited (Cellpage);
Goldenpalm Manufacturers PVT Limited (Goldenpalm); Kokuyo Riddhi Paper
Products Pvt. Ltd. (Kokuyo); Lodha Offset Limited (Lodha); Lotus Global
Private Limited (Lotus Global); Magic International Pvt. Ltd. (Magic);
Marisa International (Marisa); Navneet; Pioneer Stationery Pvt. Ltd.
(Pioneer); PP Bafna Ventures Private Limited (PP Bafna); SAB
International (SAB); SGM Paper Products (SGM); and Super Impex.\6\ This
review covers two mandatory respondents, Navneet and Super Impex. The
other 11 companies were not selected for individual examination and
remain subject to this administrative review.
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\6\ Initiation Notice, 84 FR at 61012-61013.
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Scope of the Order
The merchandise covered by the Order is certain lined paper
products. The merchandise subject to this order is currently classified
under the following Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040,
4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020,
4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and
4820.10.4000. Although the HTSUS numbers are provided for convenience
and customs purposes, the written product description remains
dispositive. A full description of the scope of the Order is contained
in the Preliminary Decision Memorandum.\7\
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Lined
Paper Products from India; 2018-2019,'' dated concurrently and
hereby adopted by this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments
On November 19 and November 26, 2019, Lodha and Marisa,
respectively, submitted responses to Commerce's quantity and value
questionnaire which indicated that the companies had no exports or
sales of subject merchandise into the United States during the POR.\8\
To confirm Lodha and Marisa's no-shipment claims, on December 6, 2019,
Commerce issued a no-shipment inquiry to U.S. Customs and Border
Protection (CBP) concerning the two companies.\9\ CBP reported that it
had no information to contradict Marisa's no shipments claim during the
POR, but it found certain inconsistencies with respect to Lodha's no
shipment claim.\10\
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\8\ See Lodha's Letter, ``Response to Quantity & Value
Questionnaire,'' dated November 19, 2019; see also Marisa's Letter,
``Certain Lined Paper Products from India: Marisa International
(`Marisa') No export or sales of subject merchandise,'' dated
November 26, 2019.
\9\ See Memorandum, ``No Shipment Inquiry,'' dated December 10,
2019.
\10\ See Memorandum, ``Request for Entry Summary,'' dated
January 27, 2020 at Attachment.
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Given that Marisa reported that it made no shipments of subject
merchandise to the United States during the POR, and there is no
information calling Marisa's claim into question, we preliminarily
determine that Marisa did not have any reviewable transactions during
the POR. Consistent with Commerce's practice, we will not rescind the
review with respect to Marisa but, rather, will complete the review and
issue instructions to CBP based on the final results.\11\ Concerning
Lodha, for these preliminary results, we have included it among the
firms subject to the rate for non-selected respondents.
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\11\ Commerce determined not to rescind a review with respect to
exporters that demonstrate that they had no knowledge of sales
through resellers to the United States because we find it
appropriate to instruct CBP to liquidate such entries at the all-
others rate applicable to the proceeding. Further, Commerce
explained that it is more consistent with the Automatic Assessment
Clarification not to rescind a review in part under these
circumstances but rather to complete the review and issue
appropriate instructions to CBP based on the final results of the
review. See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014) at 6-7 (citing Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003) (Automatic Assessment Clarification)).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(2) 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 preliminary results, see the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and 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, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an Appendix to this notice.
Rate for Non-Selected Respondents
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the
[[Page 5134]]
Act. 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, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. 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.''
In this review, we have preliminarily calculated weighted-average
dumping margins for Navneet and Super Impex that are zero. For the
companies that were not selected for individual review, we
preliminarily assigned a rate based on the rates for the respondents
that were selected for individual review, excluding rates that are
zero, de minimis, or based entirely on facts available.\12\ In
accordance with the U.S. Court of Appeals for the Federal Circuit's
decision in Albemarle Corp. v. United States, we are applying to the
ten companies that had reviewable transactions during the POR the zero
percent rates calculated for Navneet and Super Impex.\13\ These are the
only rates determined in this review for individual respondents and,
thus, should be applied to the ten firms not selected for individual
review under section 735(c)(5)(B) of the Act.
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\12\ See section 735(c)(5)(A) of the Act.
\13\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
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Preliminary Results of the Review
As a result of this review, we preliminarily find that the
following weighted-average dumping margins existed for the period
September 1, 2018 through August 31, 2019.
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Weighted-
Average
Producer/Exporter Dumping
Margin
(percent)
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Cellpage Ventures Private Limited........................... 0.00
Goldenpalm Manufacturers PVT Limited........................ 0.00
Kokuyo Riddhi Paper Products Pvt. Ltd....................... 0.00
Lodha Offset Limited........................................ 0.00
Lotus Global Private Limited................................ 0.00
Magic International Pvt. Ltd................................ 0.00
Navneet Education Ltd....................................... 0.00
PP Bafna Ventures Private Limited........................... 0.00
Pioneer Stationery Pvt. Ltd................................. 0.00
SAB International........................................... 0.00
SGM Paper Products.......................................... 0.00
Super Impex................................................. 0.00
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. If the weighted-average dumping margin for Navneet or
Super Impex is not zero or de minimis (i.e., less than 0.5 percent), we
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).\14\ If the weighted-
average dumping margin for the respondents listed above is zero or de
minimis in the final results, or an importer-specific assessment rate
is zero or de minimis in the final results, we will instruct CBP not to
assess antidumping duties on any of their entries in accordance with
the Final Modification for Reviews.\15\
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\14\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\15\ Id., 77 FR at 8102.
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In accordance with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Navneet or Super Impex
for which it did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate of 3.91 percent, as established in the less-than-
fair-value investigation, if there is no rate for the intermediate
company(ies) involved in the transaction.\16\ For a full discussion of
this practice, see Assessment Policy Notice.\17\
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\16\ See Order, 71 FR at 56952.
\17\ See Automatic Assessment Clarification.
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for respondents
noted above will be the rates established in the final results of this
administrative review; (2) for merchandise exported by producers or
exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation, but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
producer of the subject merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 3.91 percent, the
all-others rate established in the investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure and Public Comment
We will disclose to parties to the proceeding any calculations
performed in connection with these preliminary results of review within
five days after the date of publication of this notice.\18\ Interested
parties may submit case briefs not later than 30 days after the date of
publication of this notice in the Federal Register.\19\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the date for filing case briefs.\20\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\21\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety by the established deadline.
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\18\ See 19 CFR 351.224(b).
\19\ See 19 CFR 351.309(c)(1)(ii).
\20\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\21\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Interested parties who wish to request a hearing, limited to issues
raised in the case and rebuttal briefs, must submit a written request
to the Assistant Secretary for Enforcement and
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Compliance, within 30 days after the date of publication of this
notice.\22\ 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 and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined. Parties should confirm by telephone the date
and time of the hearing two days before the scheduled date.
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\22\ See 19 CFR 351.310(c).
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We intend to issue the final results of this administrative review,
including the results of our analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
Notification to Importers
This notice 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 duties and/or countervailing
duties prior to liquidation of the relevant entries during this review
period. Failure to comply with this requirement could result in the
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of doubled antidumping
duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: January 7, 2021.
Jeffrey I. Kessler,
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. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-01063 Filed 1-15-21; 8:45 am]
BILLING CODE 3510-DS-P