[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22232-22235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08790]



[[Page 22232]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Final Results of 
Antidumping Duty Administrative Review; 2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 9, 2012, the Department of Commerce (the 
Department) published in the Federal Register the Preliminary Results 
of the antidumping duty administrative review of certain lined paper 
products from India (CLPP), and gave interested parties an opportunity 
to comment on the Preliminary Results.\1\ The review covers 57 
producers/exporters of the subject merchandise, including Riddhi 
Enterprises (Riddhi) and SAB International (SAB).\2\ The period of 
review (POR) is September 1, 2010, through August 31, 2011. As a result 
of our analysis of the comments and information received, these final 
results differ from the Preliminary Results.
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    \1\ See Certain Lined Paper Products From India: Antidumping 
Duty Administrative Review; 2010-2011, 77 FR 61381 (October 9, 2012) 
(Preliminary Results), and accompanying Decision Memorandum 
(Preliminary Decision Memorandum).
    \2\ This review covers 57 manufacturers and exporters of the 
subject merchandise from India, two of which (Riddhi and SAB) are 
selected as mandatory respondents. The names of the remaining 55 
non-selected respondents are listed below in this notice as well as 
in the Initiation Notice. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for 
Revocation in Part, 76 FR 67133 (October 31, 2011) (Initiation 
Notice).
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    For our final results, we find that Riddhi and SAB have not made 
sales of subject merchandise at less than normal value (NV). In 
addition, we have determined that 51 of the remaining non-selected 
respondents will receive the weighted-average non-selected respondent 
rate as calculated in these final results, and four uncooperative non-
selected respondents will continue to receive a rate based on adverse 
facts available (AFA).

DATES: Effective Date: April 15, 2013.

FOR FURTHER INFORMATION CONTACT: George McMahon (Riddhi) and Cindy 
Robinson (SAB), 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) 482-1167 and (202) 482-3797, respectively.

SUPPLEMENTARY INFORMATION:

Comments From Interested Parties

    In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to 
comment on our Preliminary Results. On November 8, 2012, Riddhi and SAB 
submitted their respective case briefs. On November 8, 2012, Pioneer 
Stationery Private Limited (Pioneer) \3\ also submitted its case brief; 
however, the Department rejected this brief because it contained 
untimely filed factual information.\4\ On November 13, 2012, Petitioner 
\5\ filed case briefs regarding Riddhi and SAB. Pursuant to the 
Department's instructions, Pioneer submitted its revised case brief on 
December 3, 2012, excluding the untimely filed factual information. On 
December 6, 2012, Riddhi and SAB filed their respective rebuttal 
briefs. On December 7, 2012, Petitioner and Navneet Publications 
(India) Ltd. (Navneet) filed rebuttal briefs.\6\ On January 14, 2013, 
Petitioner's counsel met with officials from the Department.\7\ On 
January 16, 2013, Pioneer's representative and its counsel met with 
officials from the Department.\8\
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    \3\ Pioneer is one of the 55 non-selected respondents and 
represents one of the 13 Indian companies for which the Department 
issued a Quantity & Value questionnaire. See the Department's 
December 8, 2011, letter.
    \4\ See the Department's Letter to Pioneer, dated November 26, 
2012.
    \5\ Petitioner includes ACCO Brands USA LLC, Norcom Inc., and 
Top Flight, Inc. See Petitioner's letter titled, ``Notification of 
Membership Change,'' dated April 1, 2013.
    \6\ Navneet is one of the 55 non-selected respondents.
    \7\ See Memorandum to the File, Through Melissa Skinner, 
Director, Office 8, from George McMahon, Case Analyst, Office 8, 
titled ``Certain Lined Paper Products from India: Meeting with 
Interested Party,'' dated January 14, 2013.
    \8\ See Memorandum to the File, Through Melissa Skinner, 
Director, Office 8, from Cindy Robinson, Case Analyst, Office 8, 
titled ``Certain Lined Paper Products from India: Meeting with 
Interested Party,'' dated January 16, 2013.
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Scope of the Order

    The merchandise covered by the CLPP Order \9\ is certain lined 
paper products. The product 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.\10\
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    \9\ 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) 
(CLPP Order).
    \10\ For a complete description of the Scope of the Order, 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).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Memorandum to Paul 
Piquado, Assistant Secretary for Import Administration, from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, ``Certain Lined Paper Products from India: Issues and 
Decision Memorandum for the Final Results of the Fifth Antidumping Duty 
Administrative Review of Certain Lined Paper Products from India (2010-
2011)'' (``Final Issues and Decision Memorandum''), dated concurrently 
and hereby adopted by this notice. A list of the issues that parties 
raised and to which we responded is attached to this notice as Appendix 
I. The Final 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 to registered users at http://iaaccess.trade.gov 
and in the Central Records Unit (CRU), room 7046 of the main Department 
of Commerce building. In addition, a complete version of the Final 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://www.trade.gov/ia/. The signed Final Issues and Decision 
Memorandum and the electronic versions of the Final Issues and Decision 
Memorandum are identical in content.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export 
prices have been calculated in accordance with section 772 of the Act. 
NV has been calculated in accordance with section 773 of the Act. 
Pursuant to sections 776(a) and (b) of the Act, these findings in part 
rely on facts available, as well as the application of adverse 
inferences in selecting from among the facts available,

[[Page 22233]]

for those respondents that failed to cooperate by not acting to the 
best of their ability in responding to the Department's requests for 
information. Pursuant to section 773(b)(1) of the Act, we conducted a 
cost of production (COP) analysis of Riddhi and SAB sales in India in 
this review.\11\ Based on the COP test, we disregarded Riddhi and SAB 
sales at below-cost prices in their respective comparison markets.
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    \11\ The Department disregarded sales by Riddhi that were below 
the COP in the previous administrative review, therefore, we had a 
reasonable basis to believe or suspect that Riddhi's sales may have 
been made at prices below the COP. Accordingly, we requested that 
Riddhi respond to section D of the Department's questionnaire. See 
Antidumping Questionnaire Cover Letter to Riddhi dated January 20, 
2011; see also Preliminary Results.
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    For a full description of the methodology underlying our 
conclusions, please see the Final Issues and Decision Memorandum.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made 
company-specific changes to the margin calculations for Riddhi and 
SAB.\12\
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    \12\ See Final Issues and Decision Memorandum; Memorandum to the 
File, Through Eric B. Greynolds, Program Manager, Office 8, from 
George McMahon, Case Analyst, Office 8, titled ``Certain Lined Paper 
Products from India: Calculation Memorandum--Riddhi Enterprises 
Ltd.,'' dated February 8, 2013 (Riddhi Calculation Memorandum); and 
Memorandum to the File, Through Eric B. Greynolds, Program Manager, 
Office 8, from Cindy Robinson, Case Analyst, Office 8, titled 
``Certain Lined Paper Products from India: Calculation Memorandum--
SAB International,'' dated February 8, 2013 (SAB Calculation 
Memorandum).
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    In addition, we determine to apply the rate for non-selected 
respondents to Pioneer in these final results and not a rate based on 
AFA.\13\ However, we continue to apply an AFA rate to the uncooperative 
respondents.
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    \13\ See Final Issues and Decision Memorandum at Comment 4 for 
details.
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    Furthermore, following the changes to the dumping margins for the 
two mandatory respondents in these final results,\14\ the AFA rate and 
the rate for non-selected respondents have also changed. See next 
sections for details.
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    \14\ Both mandatory respondents have a zero dumping margin in 
these final results.
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AFA Rate

    With regards to selection of the AFA rate, the Department's 
practice when selecting an adverse rate from among the possible sources 
of information is to ensure that the rate is sufficiently adverse ``as 
to effectuate the statutory purposes of the adverse facts available 
rule to induce respondents to provide the Department with complete and 
accurate information in a timely manner.'' \15\ The Department's 
practice also ensures ``that the party does not obtain a more favorable 
result by failing to cooperate than if it had cooperated fully.'' \16\
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    \15\ See, e.g., Certain Steel Concrete Reinforcing Bars from 
Turkey; Final Results and Rescission of Antidumping Duty 
Administrative Review in Part, 71 FR 65082, 65084 (November 7, 
2006); see also Certain Frozen Warmwater Shrimp from India: 
Preliminary Results and Preliminary Partial Rescission of 
Antidumping Duty Administrative Review, 72 FR 65082, 65084 (November 
7, 2006), unchanged in the final results; Certain Frozen Warmwater 
Shrimp from India: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review, 72 FR 65082, 65084 (November 
7, 2006).
    \16\ See Statement of Administrative Action (SAA) accompanying 
the Uruguay Round Agreements Act, H.R. Rep. No. 103-316, Vol. I, at 
870 (1994), reprinted at 1994 U.S.C.C.A.N. 4040, 4199.
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    In the present proceeding, because prior calculated rates involved 
zeroing, consistent with AFBs 2012 \17\ and pursuant to section 776(b) 
of the Act, we are relying on information placed on the record by the 
cooperative respondents.\18\ Specifically, the AFA rate we have 
selected is the highest, non-aberrational transaction-specific margin, 
22.02 percent, calculated for one of the mandatory respondents in the 
instant review.
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    \17\ See Ball Bearings and Parts Thereof From France, Germany, 
and Italy: Final Results of Antidumping Duty Administrative Reviews; 
2010-2011, 77 FR 73415 (December 10, 2012), and accompanying Issues 
and Decision Memorandum at Comment 1 (AFBs 2012).
    \18\ See Final Issues and Decision Memorandum at Comment 5; see 
also Memorandum to the File through Eric Greynolds, Program Manager, 
AD/CVD Operations 8, from the Team titled ``Certain Lined Paper 
Products from India: Notice of Final Results of Antidumping Duty 
Administrative Review: Selection of Total Adverse Facts-Available 
Rate, (AFA Memo)'' dated April 9, 2013.
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Rates for Respondents Not Selected for Individual Examination

    Generally, when calculating the margin for non-selected 
respondents, the Department has looked to section 735(c)(5) of the Act 
for guidance, which provides instructions for calculating the all-
others margin in an investigation. Section 735(c)(5)(A) of the Act 
provides that when calculating the all-others margin, the Department 
will exclude any zero and de minimis weighted-average dumping margins, 
as well as any weighted-average dumping margins based on total facts 
available. Accordingly, the Department's usual practice has been to 
average the margins for selected respondents, excluding margins that 
are zero, de minimis, or based entirely on facts available.\19\ Section 
735(c)(5)(B) of the Act also provides that where all rates are zero, de 
minimis or based on total facts available, the Department may use ``any 
reasonable method'' to establish the rate for non-selected respondents, 
including ``averaging the estimated weighted average dumping margins 
determined for the exporters and producers individually investigated.''
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    \19\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008) (AFBs 2008), and accompanying 
Issues and Decision Memorandum at Comment 16.
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    In this review, we have calculated weighted-average dumping margins 
of zero for both mandatory respondents. In past reviews, the Department 
has determined that a ``reasonable method'' to use when, as here, the 
margins for respondents selected for individual examination are zero or 
de minimis is to assign non-selected respondents the average of the 
most recently determined margins that are not zero, de minimis, or 
based entirely on facts available (which may be from a prior review or 
new shipper review).\20\ However, if a non-selected respondent has its 
own calculated margin that is contemporaneous with or more recent than 
previous margins, the Department has applied the individually-
calculated margin to the non-selected respondent, including when that 
margin is zero or de minimis.\21\
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    \20\ Id.
    \21\ Id.
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    In the present proceeding, all prior margins were calculated using 
the Department's zeroing methodology. The Department has stated that it 
will not use its zeroing methodology in administrative reviews with 
preliminary determinations issued after April 16, 2012.\22\ Therefore, 
the Department has not relied on any weighted-average margins 
calculated in prior reviews to determine the rate for the non-selected 
respondents in this review.
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    \22\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification for Reviews, 77 FR 8101 
(February 14, 2012) (Final Modification).
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    We have determined that a reasonable method for assigning a margin 
to non-selected respondents in this review is to utilize the weighted-
average dumping margins calculated for the two mandatory respondents 
(zero percent) and the AFA rate assigned to the four uncooperative 
companies (22.02 percent). We have limited the number of rates used in 
the average, that are based on AFA due to failures to respond to the 
quantity and value (Q&V) questionnaires, to the same number of 
companies that we determined we could

[[Page 22234]]

reasonably examine in this review, which was two. Accordingly, we 
determined the non-selected rate by taking the simple average of the 
rates calculated for the two selected mandatory respondents and two AFA 
rates for companies that failed to respond to the Q&V questionnaire. 
Thus, we are assigning an average dumping margin of 11.01 percent to 
all non-selected respondents, including Pioneer, in these final 
results.\23\
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    \23\ See Final Issues and Decision Memorandum at Comment 5; see 
also Memorandum to the File through Eric Greynolds, Program Manager, 
AD/CVD Operations 8, from the Team titled ``Certain Lined Paper 
Products from India: Margin for Respondents Not Selected for 
Individual Examination: (Non-selected Rate Memo)'' dated April 9, 
2013.
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Final Results of the Review

    As a result of this review, the Department determines that the 
dumping margins for the POR are as follows:

A. Calculated Rate for the Two Mandatory Respondents

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/Exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Riddhi Enterprises, Ltd.....................................        0.00
SAB International...........................................        0.00
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B. Rate for the Non-Selected, Cooperative Respondents \24\
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    \24\ See Final Issues and Decision Memo at Comment 5; see also 
Non-selected Rate Memo.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/Exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Abhinav Paper Products Pvt Ltd..............................       11.01
American Scholar, Inc. and/or I-Scholar.....................       11.01
A R Printing & Packaging India..............................       11.01
Akar Limited................................................       11.01
Apl Logistics India Pvt. Ltd................................       11.01
Artesign Impex..............................................       11.01
Arun Art Printers Pvt. Ltd..................................       11.01
Aryan Worldwide.............................................       11.01
Bafna Exports...............................................       11.01
Cargomar Pvt. Ltd...........................................       11.01
Cello International Pvt. Ltd. (M/S Cello Paper Products)....       11.01
Corporate Stationery Pvt. Ltd...............................       11.01
Crane Worldwide Logistics Ind Pvt...........................       11.01
Creative Divya..............................................       11.01
D.D International...........................................       11.01
Exel India (Pvt.) Ltd.......................................       11.01
Exmart International Pvt. Ltd...............................       11.01
Expeditors International (India) Pvt/Expeditors Cargo Mgmnt        11.01
 Systems....................................................
Fatechand Mahendrakumar.....................................       11.01
FFI International...........................................       11.01
Freight India Logistics Pvt. Ltd............................       11.01
Gauriputra International....................................       11.01
International Greetings Pvt. Ltd............................       11.01
Karur K.C.P. Packagings Ltd.................................       11.01
Kejriwal Paper Ltd. and Kejriwal Exports....................       11.01
Lodha Offset Limited........................................       11.01
M.S. The Bell Match Company.................................       11.01
Magic International Pvt Ltd.................................       11.01
Mahavideh Foundation........................................       11.01
Marisa International........................................       11.01
Navneet Publications (India) Ltd............................       11.01
Orient Press Ltd............................................       11.01
Paperwise Inc...............................................       11.01
Phalada Agro Research Foundations...........................       11.01
Pioneer Stationery Pvt. Ltd.................................       11.01
Premier Exports.............................................       11.01
Raghunath Exporters.........................................       11.01
Rajvansh International......................................       11.01
SAI Suburi International....................................       11.01
SAR Transport Systems.......................................       11.01
SDV Intl Logistics Ltd......................................       11.01
Seet Kamal International....................................       11.01
SGM Paper Products..........................................       11.01
Shivam Handicrafts..........................................       11.01
Soham Udyog.................................................       11.01
Sonal Printers Pvt. Ltd.....................................       11.01
Super Impex.................................................       11.01
Swati Growth Funds Ltd......................................       11.01
Swift Freight (India) Pvt. Ltd..............................       11.01
V&M.........................................................       11.01
Yash Laminates..............................................       11.01
------------------------------------------------------------------------

C. AFA Rate for the Uncooperative Respondents \25\
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    \25\ See Final Issues and Decision Memorandum at Comment 4; see 
also AFA memo.

------------------------------------------------------------------------
                                                               Weighted
                                                                average
                      Producer/Exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Ampoules & Vials Mfg. Co. Ltd...............................       22.02
AR Printing & Packaging (India) PVT.........................       22.02
Chitra Exports..............................................       22.02
Diki Continental Exports....................................       22.02
------------------------------------------------------------------------

Assessment Rates

    Pursuant section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the 
Department has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of the final results of this 
administrative review.
    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 dumping calculated for the importer's examined sales to the total 
entered value of those sales. 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 clarified its ``automatic assessment'' regulation on 
May 6, 2003.\26\ This clarification applies to entries of subject 
merchandise during the POR 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 
established in the original investigation for India if there is no 
company-specific rate for an intermediary company(ies) involved in the 
transaction.\27\
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    \26\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \27\ See CLPP Order.
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Cash Deposit Requirements

    The following cash 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, as provided by section 751(a)(2)(C) of the Act: (1) 
for companies covered by this 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 original investigation, but the producer is, the 
cash deposit rate will be the rate established for the most recent 
period for the producer 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 original investigation, the cash deposit rate will be 
3.91 percent, the all-others rate established in the original 
investigation.\28\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \28\ Id.

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[[Page 22235]]

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the 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 the POR. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of doubled antidumping duties.

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: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Comments in the Accompanying Final Issues and Decision 
Memorandum:

A. General Issue

Comment 1: Whether to Apply Targeted Dumping With Respect to Riddhi 
and SAB

B. Company-Specific Issues

Comment 2: Whether the Department Properly Calculated Riddhi's 
Comparison Market Net Price (CMNETPRI)
Comment 3: Whether the Department Properly Applied the Exchange Rate 
to SAB's Countervailing Duty Offset (CVDU)
Comment 4: Whether to Apply the Adverse Facts Available (AFA) Rate 
to Pioneer
Comment 5: The Proper Rate to Apply to the Non-Selected Respondents
[FR Doc. 2013-08790 Filed 4-12-13; 8:45 am]
BILLING CODE 3510-DS-P