[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60447-60448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23968]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]


Certain Lined Paper Products From India: Preliminary Results of 
Countervailing Duty Administrative Review; Calendar Year 2012

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty order on certain lined 
paper products from India. The period of review (POR) is January 1, 
2012, through December 31, 2012, and the review covers one producer/
exporter of the subject merchandise, A.R. Printing & Packaging India 
Pvt. Ltd. (AR Printing).\1\ We preliminarily determine that AR Printing 
received countervailable subsidies during the POR.
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    \1\ The Department rescinded its review of Navneet Education 
Ltd. on January 31, 2014. See Certain Lined Paper Products from 
India: Notice of Partial Rescission of Countervailing Duty 
Administrative Review: 2012, 79 FR 5377 (January 31, 2014).

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DATES: Effective Date: October 7, 2014.

FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
1009.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is certain lined paper 
products. The products are currently classifiable under the Harmonized 
Tariff Schedule of the United States (HTSUS) item numbers: 
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, available in the Lined Paper Order, remains 
dispositive.\2\
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    \2\ See Decision Memorandum for Preliminary Results for the 
Countervailing Duty Administrative Review of Certain Lined Paper 
Products from India, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, dated 
concurrently with these results (Preliminary Decision Memorandum); 
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 Order).
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific. See sections 771(5)(B) and (D) of the 
Act regarding financial contribution; section 771(5)(E) of the Act 
regarding benefit; and, section 771(5A) of the Act regarding 
specificity. In making these findings, we relied, in part, on facts 
available because AR Printing failed to respond to the Department's 
requests for necessary information and therefore necessary information 
was not on the record, and

[[Page 60448]]

AR Printing withheld requested information, failed to provide requested 
information by the established deadlines, and significantly impeded 
this proceeding. See sections 776(a)(1) and (2)(A)-(C) of the Act. 
Furthermore, because we determine that AR Printing failed to cooperate 
by not acting to the best of its ability to comply with the 
Department's requests for information, we drew an adverse inference in 
selecting from among the facts otherwise available. See section 776(b) 
of the Act. Finally, the Department intends to seek additional 
information from the Government of India concerning certain of its 
claims that AR Printing did not use certain programs and may verify 
information received.
    For a full description of the methodology underlying our 
conclusions, see ``Decision Memorandum for Preliminary Results for the 
Countervailing Duty Administrative Review of Certain Lined Paper 
Products from India,'' (Preliminary Decision Memorandum) from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, dated concurrently with these results and hereby 
adopted by this notice. 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 versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following net 
subsidy rate exists for the period January 1, 2012, though, December 
31, 2012:

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                  Company                         Net subsidy rate
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A.R. Printing & Packaging India Pvt. Ltd.   71.71 percent ad valorem.
 (AR Printing).
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Assessment and Cash Deposit Requirements

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of the final results of this review. We will instruct CBP 
to collect cash deposits for the respondent at the countervailing duty 
rate indicated above of the f.o.b. invoice price on all shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. We will also instruct CBP to continue to collect cash 
deposits for non-reviewed companies at the most recent company-specific 
or country-wide rate applicable to the company. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Disclosure and Public Comment

    The Department intends to disclose to parties to this proceeding 
the calculations performed in reaching the preliminary results within 
five days of the date of publication of these preliminary results. The 
Department will notify interested parties of the schedule for 
submitting written comments (case briefs) and rebuttal comments 
(rebuttal briefs).\3\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs 
must be limited to issues raised in the case briefs. Parties who submit 
arguments 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.\4\
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    \3\ See 19 CFR 351.309(c)(ii) and (d)(1).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, 
filed electronically using IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\4\ 
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.\5\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \3\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, 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 comments, within 120 days after 
publication of these preliminary results.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

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

Appendix

Application of Adverse Facts Available (AFA)--AR Printing

Analysis of Programs

Summary
Background
Scope of the Order
Application of AFA--AR Printing
Analysis of Programs
Programs Preliminarily Determined To Be Countervailable
    1. Advance Authorization Program (AAP)
    2. Export Promotion of Capital Goods Scheme (EPCGS)
    3. Pre and Post-Shipment Loans
    4. Export Oriented Units (EOUs)
    5. Market Development Assistance (MDA)
    6. Status Certificate Program
    7. Market Access Initiative (MAI)
    8. State Government of Maharashtra (SGOM) Programs
    A. Sales Tax Incentives Provided by SGOM
    B. Electricity Duties Exemptions Under the SGOM Package Program 
of Incentives of 1993
    C. Loan Guarantees Based on Octroi Refunds by the SGOM
    D. Land for Less than Adequate Remuneration (LTAR)
Programs Preliminarily Determined To Be Terminated
    1. Duty Entitlement Passbook Scheme
    2. Export Processing Zones (Renamed Special Economic Zones)
    3. State Government of Gujarat (SGOG) Tax Incentives
Programs Preliminarily Determined To Be Not Used During the POR
    1. The GOI's Loan Guarantee Program
    2. Income Deduction (801B Tax Program)
Recommendation

[FR Doc. 2014-23968 Filed 10-6-14; 8:45 am]
BILLING CODE 3510-DS-P