[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60450-60452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23966]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Notice of Partial 
Rescission and Preliminary Results of Antidumping Duty Administrative 
Review; 2012-2013

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain lined 
paper products (CLPP) from India.\1\ The period of review (POR) is 
September 1, 2012, through August 31, 2013, and the review was 
initiated with respect to nine companies.\2\ We are rescinding the 
review with respect to seven companies for which review requests were 
timely withdrawn.\3\
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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) 
(CLPP Order).
    \2\ The nine companies include: Ampoules & Vials Manufacturing 
Co. Ltd. (Ampoules & Vials); A.R. Printing & Packaging (India) Pvt. 
Ltd. (AR Printing); Pioneer Stationery Pvt. Ltd. (Pioneer); Premier 
Exports (Premier); Marisa International (Marisa); Navneet 
Publications (India) Ltd.(Navneet); Riddhi Enterprises (Riddhi); SGM 
Paper Products (SGM); and Super Impex.
    \3\ The seven companies include: Ampoules & Vials; Pioneer; 
Premier; Marisa; Navneet; Riddhi; and SGM.
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    We preliminarily determine that AR Printing had no sales of subject 
merchandise to the United States during the POR. In addition, we 
preliminarily find that during the POR, Super Impex made sales of 
subject merchandise at less than normal value (NV). Interested parties 
are invited to comment on these preliminary results.

DATES: Effective Date: October 7, 2014.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Eric Greynolds, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade

[[Page 60451]]

Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3797 
or (202) 482-6071, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise covered by the CLPP 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.\4\
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    \4\ For a complete description of the Scope of the Order, see 
Preliminary Decision Memorandum.
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Partial Rescission of the 2012-2013 Administrative Review

    Between November 18, 2013, and February 6, 2014, the following 
seven companies timely withdrew their requests for administrative 
review: Ampoules & Vials, Marisa, Navneet, Pioneer, Premier, Riddhi, 
and SGM. Except for Navneet, no other interested party requested a 
review of the aforementioned companies. Petitioners submitted requests 
for review with respect to the following two companies: Navneet and AR 
Printing.\5\ On January 31 and February 6, 2014, Petitioners timely 
withdrew its review request for Navneet.\6\ Thus, in accordance with 19 
CFR 351.213(d)(1) \7\ and consistent with our practice,\8\ we are 
rescinding this review with respect to these seven companies.
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    \5\ See Petitioners' letter dated September 30, 2013.
    \6\ Petitioners also submitted a withdrawal of review request 
with respect to Pioneer, but because Petitioners had not submitted a 
review request for Pioneer, we were unable to act on Petitioners' 
request. However, because Pioneer self-requested a review, and later 
timely withdrew its own review request, we were able to rescind the 
review with respect to Pioneer.
    \7\ Pursuant to 19 CFR 351.213(d)(1), the Department will 
rescind an administrative review ``if a party that requested a 
review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review.'' The 
instant review was initiated on October 31, 2012. Therefore, the 
deadline to withdraw review requests was February 6, 2014. Thus, 
Petitioners' withdrawal requests are timely.
    \8\ See, e.g., Brass Sheet and Strip from Germany: Notice of 
Rescission of Antidumping Duty Administrative Review, 73 FR 49170 
(August 20, 2008); see also Certain Lined Paper Products from India: 
Notice of Partial Rescission of Antidumping Duty Administrative 
Review and Extension of Time Limit for the Preliminary Results of 
Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009).
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No Shipment Claim by AR Printing

    At the outset of this proceeding, AR Printing stated in its 
quantity and value questionnaire (Q&V) response, that it ``had no 
shipments of Certain Lined Paper Products during the POR.'' \9\ On 
April 10, 2014, we sent a confirmation of non-shipment inquiry to U.S. 
Customs and Border Protection (CBP) as a means of confirming AR 
Printing's claim of non-shipment.\10\ We did not receive any 
contradictory information from CBP. Based on AR Printing's assertion of 
no shipments and no information to the contrary from CBP, we 
preliminarily determine that AR Printing had no shipments to the United 
States during the POR.
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    \9\ See AR Printing's December 2, 2013, Q&V response at 2.
    \10\ See Memorandum to the File from Eric B. Greynolds, Program 
Manager, titled ``Status of AR Printing & Packaging (India) Pvt. 
Ltd.'', dated April 7, 2014. CBP returned message no. 4100306 dated 
April 10, 2014, regarding ``No shipments inquiry for certain lined 
paper products from India exported by A.R. Printing & Packaging 
(India) Pvt. Ltd. (A-533-843).''
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    See the Assessment Rates section of this notice below.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export 
prices (EP) have been calculated in accordance with section 772 of the 
Act.
    Super Impex reported that it made no sales to the home market.\11\ 
Super Impex's responses indicate that its sales to third countries also 
were not viable,\12\ within the meaning of section 773(a)(1)(C)(i) of 
the Act.\13\ Therefore, for these preliminary results, we relied on 
constructed value (CV) as the basis for calculating NV, in accordance 
with section 773(a)(4) of the Act.
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    \11\ See Super Impex's Section A Questionnaire Response, 
February 26, 2014, at A-3.
    \12\ Id.
    \13\ See Preliminary Decision Memorandum at 13.
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Calculation of Normal Value Based on Constructed Value

    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum at 14-15.
    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 (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 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    As a result of this review, the Department determines that the 
weighted-average dumping margin for the POR is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
------------------------------------------------------------------------
Super Impex............................................            7.79
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Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. For any individually examined respondents whose 
weighted-average dumping margin is above de minimis, we will calculate 
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 same sales in accordance with 
19 CFR 351.212(b)(1).\14\ We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis (i.e., 0.50 percent). Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review where applicable.
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    \14\ In these preliminary results, the Department 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).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will

[[Page 60452]]

apply to entries of subject merchandise during the POR produced by each 
respondent for which they 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.\15\
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    \15\ 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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    We intend to issue 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 Super Impex will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers 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 recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 3.91 percent, the all-
others rate established in the investigation.

Disclosure and Public Comment

    The Department intends to disclose to interested parties to this 
proceeding the calculations performed in connection with these 
preliminary results within five days after the date of publication of 
this notice.\16\ Pursuant to 19 CFR 351.309(c), interested parties may 
submit cases briefs not later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed not later than five days after the 
date for filing case briefs.\17\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are requested to submit with the 
argument: (1) A statement of the issue, (2) a brief summary of the 
argument, and (3) a table of authorities.\18\ All case and rebuttal 
briefs must be filed electronically using IA ACCESS, and must also be 
served on interested parties.\19\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, IA ACCESS, by 5:00 p.m. Eastern Standard Time within 30 
days after the date of publication of this notice. Executive summaries 
should be limited to five pages total, including footnotes.
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    \16\ See 19 CFR 351.224(b).
    \17\ See 19 CFR 351.309(d).
    \18\ See 19 CFR 351.309(c)(2) and (d)(2).
    \19\ See 19 CFR 351.303(f).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
using Enforcement and Compliance's IA ACCESS system within 30 days of 
publication of this notice.\20\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
we will inform parties of the scheduled date for the hearing which will 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined. Parties should confirm by telephone the date, time, 
and location of the hearing.
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    \20\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), the Department 
intends to issue the final results of this administrative review, 
including the results of our analysis of the issues raised by the 
parties in their case and rebuttal briefs, within 120 days after the 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

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 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 
Department's presumption that reimbursement of antidumping and/or 
countervailing duties occurred and the subsequent assessment of double 
antidumping duties.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Order
3. Partial Rescission of the 2012-2013 Administrative Review
4. No Shipment Claim by AR Printing
5. Discussion of Methodology

[FR Doc. 2014-23966 Filed 10-6-14; 8:45 am]
BILLING CODE 3510-DS-P