[Federal Register Volume 79, Number 88 (Wednesday, May 7, 2014)]
[Notices]
[Pages 26205-26207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10519]


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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; 2011-2012

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On October 23, 2013, 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 two 
companies, Navneet Publications (India) Ltd. (Navneet) and AR Printing 
& Packaging (India) Pvt. Ltd. (AR Printing).\2\ The period of review 
(POR) is September 1, 2011, through August 31, 2012. 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: Notice of 
Partial Rescission and Preliminary Results of Antidumping Duty 
Administrative Review; 2011-2012, 78 FR 63162, (October 23, 2013) 
(Preliminary Results).
    \2\ Initially, this review covered 82 Indian producers/exporters 
of subject merchandise, but Petitioners timely withdrew their review 
request in its entirety. The Department rescinded this review on all 
producers/exporters except for the two self-requesting companies, 
Navneet and AR Printing. See Preliminary Results; see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 77 FR 65858 (October 31, 
2012). The 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.
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    For these final results, we find that Navneet has not made sales of 
subject merchandise at less than normal value. In addition, we 
determine that AR Printing, the sole non-selected respondent, will 
receive the non-selected margin of 11.01 percent in these final 
results.

DATES: Effective Date: May 7, 2014.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Eric B. Greynolds, 
Office III, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-3797, and (202) 482-6071, respectively.

SUPPLEMENTARY INFORMATION:

Comments From Interested Parties

    On October 23, 2013, the Department published the Preliminary 
Results. In accordance with 19 CFR 351.309(c)(1)(ii), we invited 
parties to comment on our Preliminary Results.
    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013. Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days.\3\ Pursuant to the Tolling Memo, the deadlines for briefs and the 
final results of this review were revised with due dates of December 9 
and December 14, 2013, for case and rebuttal briefs, respectively, and 
March 7, 2014, for the final results.\4\
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    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013) (Tolling 
Memo).
    \4\ See Memorandum to File titled ``Certain Lined Paper Products 
from India: Deadlines for Hearing Request, Briefs Submission, and 
Final Results,'' dated October 28, 2013.
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    On December 9, 2013, Navneet submitted its case brief, and on 
December 11, 2013, Petitioners filed their case brief.\5\ On January 3, 
2014, Navneet filed its rebuttal brief.
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    \5\ In accordance with 19 CFR 351.303(c)(2), Petitioners filed 
their case brief on December 9, 2013, subject to the one-day lag 
rule. Although Petitioners' proprietary case brief was filed 
December 9, 2013, Petitioners did not submit the final version until 
December 11, 2013. However, due to the inclement weather which 
caused the closure of the Federal Government on December 10, 2013, 
the Department affirmed that the case brief submitted by Petitioners 
on December 11, 2013, as timely. In addition, the Department 
extended the time limit for interested parties to submit rebuttal 
brief until January 3, 2014. See Memorandum to File, ``Certain Lined 
Paper Products from India: Deadline for Submission of Rebuttal 
Brief,'' dated December 23, 2013.
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    On February 20, 2014, the Department issued a memorandum extending 
the time period for issuing the final results of this administrative 
review from March 7, 2014, to May 9, 2014.\6\
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    \6\ See Memorandum to Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, titled ``Certain 
Lined Paper Products from India: Extension of Time Limit for Final 
Results of Antidumping Duty Administrative Review,'' dated February 
20, 1014.

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[[Page 26206]]

Scope of the Order

    The merchandise covered by the CLPP Order \7\ 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.\8\
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    \7\ 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).
    \8\ For a complete description of the Scope of the Order, see 
``Certain Lined Paper Products from India: Issues and Decision 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review of Certain Lined Paper Products from India 
(2011-2012)'' (``Issues and Decision Memorandum''), dated 
concurrently and hereby adopted by this notice; see also id.
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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 Issues and Decision 
Memorandum. A list of the issues that parties raised and to which we 
responded is attached to this notice as Appendix. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance'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 Issues and 
Decision Memorandum can be accessed directly on the Internet at http://trade.gov/enforcement. The signed Issues and Decision Memorandum and 
the electronic versions of the Issues and Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we recalculated 
Navneet's weighted-average dumping margins. Navneet's adjustments are 
discussed in detail in the accompanying final calculation memoranda.\9\
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    \9\ See Issues and Decision Memorandum; see also Memorandum to 
the File, Through Eric B. Greynolds, Program Manager, Office III 
from Cindy Robinson, Case Analyst, Office III, titled ``Certain 
Lined Paper Products from India: Calculation Memorandum--Navneet 
Publications (India) Ltd. (Navneet),'' dated concurrently with this 
notice.
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    Furthermore, following the changes to the dumping margins for the 
sole mandatory respondent in these final results,\10\ the rate for the 
sole non-selected respondent has also changed. See next sections for 
details.
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    \10\ The sole mandatory respondent has a de minimis dumping 
margin in these final results.
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Rate for the Respondent Not Selected for Individual Examination

    Generally, when calculating the margin for non-selected 
respondents, the Department looks 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.\11\ 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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    \11\ 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), and accompanying Issues and 
Decision Memorandum at Comment 16.
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    In this review, we calculated a de minimis weighted-average dumping 
margin for the sole mandatory respondent. In past reviews, the 
Department determined that a ``reasonable method'' to use when, as 
here, the margin for the respondent selected for individual examination 
is 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).\12\ However, if a non-selected respondent has its 
own calculated margin that is contemporaneous with or more recent than 
previous margins, the Department applies the individually-calculated 
margin to the non-selected respondent, including when that margin is 
zero or de minimis.\13\
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    \12\ Id.
    \13\ Id.
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    We determine that a reasonable method for assigning a non-selected 
margin to AR Printing in this review is to utilize the non-selected 
margin of 11.01 percent utilized in the prior administrative 
review.\14\ This non-selected margin does not rely on the zeroing 
methodology.\15\ For further discussion, see the Issues and Decision 
Memorandum.
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    \14\ See Certain Lined Paper Products from India: Final Results 
of Antidumping Duty Administrative Review: 2010-2011, 78 FR 22232, 
22234 (April 15, 2013) and accompanying Issues and Decision 
Memorandum at Comment 5.
    \15\ 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).
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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 Mandatory Respondent:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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Navneet Publications (India) Ltd.                                 * 0.25
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* de minimis.

    B. Rate for the Non-Selected, Cooperative Respondent:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
A R Printing & Packaging India..........................           11.01
------------------------------------------------------------------------

Duty Assessment

    Pursuant section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the 
Department determines, 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.

[[Page 26207]]

    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.\16\ 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 all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction.
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    \16\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of these final results of administrative 
review for all shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the publication of the 
final results of this administrative review, 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.\17\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \17\ See CLPP Order.
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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 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: April 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. List of Comments in the Accompanying Final Issues and Decision 
Memorandum:
    Comment 1: Whether Navneet's Claim for Duty Drawback Adjustments 
Are Valid
    Comment 2: Calculation Error Regarding Navneet's Drawback 
Credits
    Comment 3: Whether Navneet's Early Payment Discounts and Other 
Rebates Claims for Home Market Sales Are Valid
III. Background
IV. The Proper Rate To Apply to AR Printing, the Non-Selected 
Respondent
V. Scope of the Order
VI. Analysis of Comments
VII. Recommendation

[FR Doc. 2014-10519 Filed 5-6-14; 8:45 am]
BILLING CODE 3510-DS-P