[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14729-14732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6082]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Notice of Final Results 
of Antidumping Duty Administrative Review

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

SUMMARY: On October 7, 2011, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
of the antidumping duty administrative review for certain lined paper 
products from India (CLPP).\1\ This review covers 35 manufacturers and 
exporters of the subject merchandise,\2\ including Navneet Publications 
(India) Limited (Navneet) and Riddhi Enterprises (Riddhi), for the 
period September 1, 2009, through August 31, 2010. As a result of our 
analysis of the comments received, these final results differ from the 
Preliminary Results. On February 3, 2012, the Department extended the 
final results of this review from February 6, 2012, to March 5, 
2012.\3\
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    \1\ See Certain Lined Paper Products From India: Notice of 
Preliminary Results of Antidumping Duty Administrative Review, 76 FR 
62343 (October 7, 2011) (Preliminary Results).
    \2\ The Department received a timely request to conduct an 
administrative review of the following 35 companies: Abhinav Paper 
Products Pvt. Ltd.; American Scholar, Inc. and/or I-Scholar; 
Ampoules & Vials Mfg. Co. Ltd.; AR Printing & Packaging (India) 
Pvt.; Bafna Exports; Cello International Pvt. Ltd. (M/S Cello Paper 
Products); Corporate Stationery Pvt. Ltd.; Creative Divya; D.D 
International; Exel India (Pvt.) Ltd.; Exmart International Pvt. 
Ltd.; Fatechand Mahendrakumar; FFI International; Freight India 
Logistics Pvt. Ltd.; International Greetings Pvt. Ltd.; Kejriwal 
Paper Ltd., and Kejriwal Exports; Lodha Offset Limited; Magic 
International Pvt Ltd.; Marigold ExIm Pvt. Ltd.; Marisa 
International; Navneet Publications (India) Ltd.; Orient Press Ltd.; 
Paperwise Inc.; Pioneer Stationery Pvt. Ltd.; Premier Exports; 
Rajvansh International; Riddhi Enterprises; SAB International; Sar 
Transport Systems; Seet Kamal International; Sonal Printers Pvt Ltd; 
Super Impex; Swati Growth Funds Ltd.; V & M; and Yash Laminates.
    \3\ See Certain Lined Paper Products From India: Notice of 
Extension of Time Limit for the Final Results of Antidumping Duty 
Administrative Review, 77 FR 5486 (February 3, 2012).
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    For our final results, we continue to find that Navneet and Riddhi 
have made sales of subject merchandise at less than normal value (NV). 
In addition, based on these final results for Navneet and Riddhi, we 
have determined that the 33 remaining non-selected companies will 
receive the weighted-average non-selected respondent rate as calculated 
in these final results.

DATES: Effective Date: March 13, 2012.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Navneet) and George 
McMahon (Riddhi), AD/CVD Operations, Office 3, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-3692, (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Comments From Interested Parties

    We invited parties to comment on our Preliminary Results. Riddhi 
submitted a case brief on November 4, 2011, and the petitioner and 
Navneet submitted case briefs on November 7, 2011, respectively. On 
November 14, 2011, Navneet filed a rebuttal brief. On November 15, 
2011, the petitioner filed a rebuttal brief. The petitioner filed a 
letter on December 14, 2011, requesting that the Department reject 
Navneet's rebuttal brief claiming it included untimely filed new 
factual information. The Department found that Navneet did in fact, 
include certain untimely filed factual information in its rebuttal 
brief and rejected this brief on December 16, 2011.\4\ Pursuant to the 
Department's letter of December 16, 2011, Navneet re-filed its rebuttal 
brief on December 23, 2011, to exclude the untimely filed factual 
information.\5\
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    \4\ See the Department's letter to Navneet, titled ``Rejection 
of Rebuttal Brief with Untimely Filed New Factual Information,'' 
dated December 16, 2011; see also Memo from George McMahon to the 
File titled, ``Rejection of Submission Due to Untimely Filed New 
Factual Information,'' dated December 16, 2011.
    \5\ Pursuant to 19 CFR 351.301(b) and (c), parties in this 
administrative review may only file factual information (1) up to 
140 days after the last day of the anniversary month of the review, 
(2) in response to Departmental requests, or (3) within 10 days 
after the submission of factual information by another party 
pursuant to the 140-day deadline or a Departmental request. 
Accordingly, based on these rules, new factual information is not 
permitted in case and rebuttal briefs. See, e.g., Stainless Steel 
Bar from India: Final Results of the Antidumping Duty Administrative 
Review, and Revocation of the Order, in Part, 76 FR 56401, 56402 
(September 13, 2011).
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Scope of the Order

    The scope of this order includes certain lined paper products, 
typically school supplies (for purposes of this scope definition, the 
actual use of or labeling these products as school supplies or non-
school supplies is not a defining characteristic) composed of or 
including paper that incorporates straight horizontal and/or vertical 
lines on ten or more paper sheets (there shall be no minimum page 
requirement for loose leaf filler paper) including but not limited to 
such products as single- and

[[Page 14730]]

multi-subject notebooks, composition books, wireless notebooks, loose 
leaf or glued filler paper, graph paper, and laboratory notebooks, and 
with the smaller dimension of the paper measuring 6 inches to 15 inches 
(inclusive) and the larger dimension of the paper measuring 8\3/4\ 
inches to 15 inches (inclusive). Page dimensions are measured size (not 
advertised, stated, or ``tear-out'' size), and are measured as they 
appear in the product (i.e., stitched and folded pages in a notebook 
are measured by the size of the page as it appears in the notebook 
page, not the size of the unfolded paper). However, for measurement 
purposes, pages with tapered or rounded edges shall be measured at 
their longest and widest points. Subject lined paper products may be 
loose, packaged or bound using any binding method (other than case 
bound through the inclusion of binders board, a spine strip, and cover 
wrap). Subject merchandise may or may not contain any combination of a 
front cover, a rear cover, and/or backing of any composition, 
regardless of the inclusion of images or graphics on the cover, 
backing, or paper. Subject merchandise is within the scope of this 
order whether or not the lined paper and/or cover are hole punched, 
drilled, perforated, and/or reinforced. Subject merchandise may contain 
accessory or informational items including but not limited to pockets, 
tabs, dividers, closure devices, index cards, stencils, protractors, 
writing implements, reference materials such as mathematical tables, or 
printed items such as sticker sheets or miniature calendars, if such 
items are physically incorporated, included with, or attached to the 
product, cover and/or backing thereto.
    Specifically excluded from the scope of this order are:
     Unlined copy machine paper;
     Writing pads with a backing (including but not limited to 
products commonly known as ``tablets,'' ``note pads,'' ``legal pads,'' 
and ``quadrille pads''), provided that they do not have a front cover 
(whether permanent or removable). This exclusion does not apply to such 
writing pads if they consist of hole-punched or drilled filler paper;
     Three-ring or multiple-ring binders, or notebook 
organizers incorporating such a ring binder provided that they do not 
include subject paper;
     Index cards;
     Printed books and other books that are case bound through 
the inclusion of binders board, a spine strip, and cover wrap;
     Newspapers;
     Pictures and photographs;
     Desk and wall calendars and organizers (including but not 
limited to such products generally known as ``office planners,'' ``time 
books,'' and ``appointment books'');
     Telephone logs;
     Address books;
     Columnar pads & tablets, with or without covers, primarily 
suited for the recording of written numerical business data;
     Lined business or office forms, including but not limited 
to: pre-printed business forms, lined invoice pads and paper, mailing 
and address labels, manifests, and shipping log books;
     Lined continuous computer paper;
     Boxed or packaged writing stationary (including but not 
limited to products commonly known as ``fine business paper,'' 
``parchment paper,'' and ``letterhead''), whether or not containing a 
lined header or decorative lines;
     Stenographic pads (``steno pads''), Gregg ruled (``Gregg 
ruling'' consists of a single- or double-margin vertical ruling line 
down the center of the page. For a six-inch by nine-inch stenographic 
pad, the ruling would be located approximately three inches from the 
left of the book), measuring 6 inches by 9 inches;
    Also excluded from the scope of this order are the following 
trademarked products:
     FlyTM lined paper products: A notebook, 
notebook organizer, loose or glued note paper, with papers that are 
printed with infrared reflective inks and readable only by a 
FlyTM pen-top computer. The product must bear the valid 
trademark FlyTM (products found to be bearing an invalidly 
licensed or used trademark are not excluded from the scope).
     ZwipesTM: A notebook or notebook organizer made 
with a blended polyolefin writing surface as the cover and pocket 
surfaces of the notebook, suitable for writing using a specially-
developed permanent marker and erase system (known as a 
ZwipesTM pen). This system allows the marker portion to mark 
the writing surface with a permanent ink. The eraser portion of the 
marker dispenses a solvent capable of solubilizing the permanent ink 
allowing the ink to be removed. The product must bear the valid 
trademark ZwipesTM (products found to be bearing an 
invalidly licensed or used trademark are not excluded from the scope).
     FiveStar[supreg]AdvanceTM: A notebook or 
notebook organizer bound by a continuous spiral, or helical, wire and 
with plastic front and rear covers made of a blended polyolefin plastic 
material joined by 300 denier polyester, coated on the backside with 
PVC (poly vinyl chloride) coating, and extending the entire length of 
the spiral or helical wire. The polyolefin plastic covers are of 
specific thickness; front cover is 0.019 inches (within normal 
manufacturing tolerances) and rear cover is 0.028 inches (within normal 
manufacturing tolerances). Integral with the stitching that attaches 
the polyester spine covering, is captured both ends of a 1'' wide 
elastic fabric band. This band is located 2\3/8\'' from the top of the 
front plastic cover and provides pen or pencil storage. Both ends of 
the spiral wire are cut and then bent backwards to overlap with the 
previous coil but specifically outside the coil diameter but inside the 
polyester covering. During construction, the polyester covering is sewn 
to the front and rear covers face to face (outside to outside) so that 
when the book is closed, the stitching is concealed from the outside. 
Both free ends (the ends not sewn to the cover and back) are stitched 
with a turned edge construction. The flexible polyester material forms 
a covering over the spiral wire to protect it and provide a comfortable 
grip on the product. The product must bear the valid trademarks 
FiveStar[supreg]AdvanceTM (products found to be bearing an 
invalidly licensed or used trademark are not excluded from the scope).
     FiveStar FlexTM: A notebook, a notebook 
organizer, or binder with plastic polyolefin front and rear covers 
joined by 300 denier polyester spine cover extending the entire length 
of the spine and bound by a 3-ring plastic fixture. The polyolefin 
plastic covers are of a specific thickness; front cover is 0.019 inches 
(within normal manufacturing tolerances) and rear cover is 0.028 inches 
(within normal manufacturing tolerances). During construction, the 
polyester covering is sewn to the front cover face to face (outside to 
outside) so that when the book is closed, the stitching is concealed 
from the outside. During construction, the polyester cover is sewn to 
the back cover with the outside of the polyester spine cover to the 
inside back cover. Both free ends (the ends not sewn to the cover and 
back) are stitched with a turned edge construction. Each ring within 
the fixture is comprised of a flexible strap portion that snaps into a 
stationary post which forms a closed binding ring. The ring fixture is 
riveted with six metal rivets and sewn to the back plastic cover and is 
specifically positioned on the outside back cover. The product must 
bear the valid trademark FiveStar FlexTM (products

[[Page 14731]]

found to be bearing an invalidly licensed or used trademark are not 
excluded from the scope).
    Merchandise subject to this order is typically imported under 
headings 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 of the Harmonized Tariff Schedule of the United States 
(HTSUS). The HTSUS headings are provided for convenience and customs 
purposes; however, the written description of the scope of the order is 
dispositive.

Period of Review

    The period of review (POR) is September 1, 2009, through August 31, 
2010.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum for the Final Results in the Fourth Antidumping Duty Order 
Administrative Review of Certain Lined Paper Products from India (2009-
2010),'' from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Import Administration, (``Issues and Decision 
Memorandum''), dated concurrently with this notice and which is hereby 
adopted by this notice. A list of the issues which parties have raised, 
and to which we have responded in the Issues and Decision Memorandum, 
is attached to this notice as an Appendix. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). IA ACCESS is available in 
the Central Records Unit, main Commerce Building, Room 7046. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Web at http://ia.ita.doc.gov/frn/. The 
signed Issues and Decision Memorandum and electronic version of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on comments received from the interested parties, we have 
made company-specific changes to Navneet's margin calculation. See 
Issues and Decision Memorandum and the Analysis Memorandum to File 
through James Terpstra, Program Manager, from Stephanie Moore for 
Navneet Regarding ``Final Results of Antidumping Duty Administrative 
Review of Certain Lined Paper Products from India,'' dated concurrent 
with this notice, for further details.
    Final Results of Review:
    We determine that the following weighted-average margins exist:

------------------------------------------------------------------------
                                                               Weighted
                                                                average
                    Manufacturer/Exporter                       margin
                                                               (percent)
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Navneet Publications (India) Ltd............................        2.70
Riddhi Enterprises..........................................        3.58
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    Review-Specific Average Rate \6\ Applicable to the 33 Non-Selected 
Companies Subject to This Review:
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    \6\ This rate is a weighted-average percentage margin 
(calculated based on the publicly ranged U.S. quantities of the two 
reviewed companies with an affirmative dumping margin) for the 
period September 1, 2009, through August 31, 2010. See Memorandum to 
the File, titled, ``Certain Lined Paper Products from India: Margin 
for Respondents Not Selected for Individual Examination,'' from 
George McMahon and Stephanie Moore, Case Analysts, through James 
Terpstra, Program Manager, dated concurrent with this notice.

------------------------------------------------------------------------
                                                               Weighted
                                                                average
                    Manufacturer/Exporter                       margin
                                                               (percent)
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Abhinav Paper Products Pvt. Ltd.............................        3.05
American Scholar, Inc. and/or I-Scholar.....................        3.05
Ampoules & Vials Mfg. Co. Ltd...............................        3.05
AR Printing & Packaging (India) Pvt.........................        3.05
Bafna Exports...............................................        3.05
Cello International Pvt. Ltd. (M/S Cello Paper Products)....        3.05
Corporate Stationary Pvt. Ltd...............................        3.05
Creative Divya..............................................        3.05
D.D International...........................................        3.05
Exel India (Pvt.) Ltd.......................................        3.05
Exmart International Pvt. Ltd...............................        3.05
Fatechand Mahendrakumar.....................................        3.05
FFI International...........................................        3.05
Freight India Logistics Pvt. Ltd............................        3.05
International Greetings Pvt. Ltd............................        3.05
Kejriwal Paper Ltd., and Kejriwal Exports...................        3.05
Lodha Offset Limited........................................        3.05
Magic International.........................................        3.05
Marigold ExIm Pvt. Ltd......................................        3.05
Marisa International........................................        3.05
Orient Press Ltd............................................        3.05
Paperwise Inc...............................................        3.05
Pioneer Stationery Pvt. Ltd.................................        3.05
Premier Exports.............................................        3.05
Rajvansh International......................................        3.05
SAB International...........................................        3.05
Sar Transport Systems.......................................        3.05
Seet Kamal International....................................        3.05
Super Impex.................................................        3.05
Sonal Printers Pvt Ltd......................................        3.05
Swati Growth Funds Ltd......................................        3.05
V & M.......................................................        3.05
Yash Laminates..............................................        3.05
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Assessment Rates

    Pursuant to these final results, the Department has determined, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we 
calculated importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of the antidumping margins calculated for 
the examined sales to the total entered value of the examined sales for 
that importer. Where the assessment rate is above de minimis, we will 
instruct CBP to assess duties on all entries of subject merchandise by 
that importer. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP 
to liquidate without regard to antidumping duties any entries for which 
the assessment rate is de minimis (i.e., less than 0.50 percent). The 
Department intends to issue assessment instructions directly to CBP 15 
days after publication of the final results of this review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954, (May 6, 2003) 
(Assessment Policy Notice). This clarification applies to POR entries 
of subject merchandise produced by companies examined in this review 
(i.e., companies for which a dumping margin was calculated) where the 
companies did not know that their merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the 3.91 percent all-others rate for India if 
there is no company-specific rate for an intermediary company(ies) 
involved in the transaction. 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) 
(Lined Paper Orders). See also Assessment Policy Notice, 68 FR at 
23954.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of these final results for all shipments of CLPP from India 
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) of the Act: (1) For companies covered by 
this

[[Page 14732]]

review, the cash deposit rate will be the rates listed above; (2) for 
previously reviewed or investigated companies other than those covered 
by this review, the cash deposit rate will be the company-specific rate 
established 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 producer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the subject merchandise; and (4) if neither the exporter nor the 
producer is a firm covered in this review, a prior review, or the 
investigation, the cash deposit rate will be 3.91 percent, the all-
others rate established in the less-than-fair-value investigation. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 the presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent increase in antidumping duties by the amount of 
antidumping and/or countervailing duties reimbursed.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 5, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

APPENDIX I

    List of Comments in the Accompanying Issues and Decision 
Memorandum:
A. General Issue
    Comment 1: Treatment of Negative Dumping Margins (Zeroing)
B. Company Specific Issues
    Comment 2: Whether to use Navneet's Purchase Order Date for its 
U.S. Sales
    Comment 3: Whether to Recalculate Navneet's Imputed Credit 
Expenses
    Comment 4: Whether to Adjust Navneet's Cost of Manufacturing
    Comment 5: Treatment of Navneet's Canvassing Expenses as a 
Direct Selling Expense
    Comment 6: Whether to make an Excise Tax Adjustment for Navneet
    Comment 7: Whether to Modify Navneet's Cost Calculation Data

[FR Doc. 2012-6082 Filed 3-12-12; 8:45 am]
BILLING CODE 3510-DS-P