[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Notices]
[Pages 19637-19638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08423]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) completed the 
administrative review of the countervailing duty (CVD) order on certain 
lined paper products from India for the January 1, 2012, through 
December 31, 2012, period of review (POR) \1\ in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). The 
respondent in this administrative review is A.R. Printing & Packaging 
India Private Limited (AR Printing).\2\ In these final results, the 
Department made changes to the subsidy rate determined for AR Printing. 
Our analysis of comments received is contained in the Decision 
Memorandum accompanying this Federal Register notice.\3\ The final net 
subsidy rate for AR Printing is listed below in the ``Final Results of 
Review'' section.
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    \1\ The Department published its preliminary results for this 
administrative review in Certain Lined Paper Products from India: 
Preliminary Results of Countervailing Duty Administrative Review; 
Calendar Year 2012, 79 FR 60447 (October 7, 2014) (Preliminary 
Results), and accompanying Issues and Decision Memorandum, dated 
September 30, 2014 (Preliminary Decision Memorandum).
    \2\ AR Printing is also known as A.R. Printing & Packaging 
(India) Pvt. Ltd.
    \3\ See ``Decision Memorandum for the Final Results of 
Countervailing Duty Review: 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 (Decision 
Memorandum), dated concurrently and hereby adopted by this notice.

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DATES: Effective Date: April 13, 2015.

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:

Background

    On September 28, 2006, the Department published in the Federal 
Register the CVD order on certain lined paper products from India.\4\ 
On October 7, 2014, the Department published the Preliminary Results of 
administrative review of the Lined Paper Order for the POR.\5\
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    \4\ 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 Order).
    \5\ See Preliminary Results.
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    After the Preliminary Results, we issued a third supplemental 
questionnaire providing the Government of India (GOI) with an 
opportunity to describe the steps on which it based its claims that AR 
Printing did not use certain subsidy programs at issue in the 
review,\6\ to which the GOI responded on October 31, 2014.\7\ On March 
4, 2015, we conducted verification at the GOI offices in New Delhi, 
India.\8\
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    \6\ See the Department's October 10, 2014, Third Supplemental 
Questionnaire to the GOI.
    \7\ See the GOI's October 31, 2014, Third Supplemental 
Questionnaire Response.
    \8\ See Memorandum to Eric B. Greynolds, Program Manager, AD/CVD 
Duty Operations, Office III, ``Verification of the Questionnaire 
Responses Submitted by the Government of India,'' (March 4, 2015).
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    Petitioner \9\ submitted a case brief on March 11, 2015,\10\ and 
the GOI submitted a rebuttal brief on March 16, 2015.\11\ No interested 
party requested a hearing.
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    \9\ Petitioner is the Association of American School Paper 
Suppliers (Petitioner).
    \10\ See Petitioner' March 11, 2015, case brief.
    \11\ See the GOI's March 16, 2015, rebuttal brief.
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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 remains dispositive. A full description of the 
scope of the order is contained in the memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Countervailing Duty (CVD) Administrative Review: Certain 
Lined Paper Products from India.'' 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 (ACCESS).\12\ ACCESS is available to registered users at 
http://access.trade.gov and is available to all parties in the Central 
Records Unit, 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://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.
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    \12\ On November 24, 2014, Enforcement and Compliance changed 
the name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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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 find 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.\13\
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    \13\ 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.

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[[Page 19638]]

    In making these findings, we relied, in part, on facts otherwise 
available on the administrative record because AR Printing: (1) Failed 
to respond to the Department's requests for necessary information and 
therefore necessary information was not on the record; (2) withheld 
requested information; (3) failed to provide requested information by 
the established deadlines; and (4) 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.

Changes Since Preliminary Results

    After the Preliminary Results, the Department verified information 
from the GOI concerning the Market Development Assistance, Status 
Certificate, and Market Access Initiative programs.\14\ Based on the 
findings at verification and for the reasons set forth in the Decision 
Memorandum, we find that AR Printing did not use these three programs 
during the POR. Therefore, we did not include subsidy rates for these 
programs when determining the AFA attributable to AR Printing.
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    \14\ See Memorandum to Eric B. Greynolds, Program Manager, AD/
CVD Duty Operations, Office III, ``Verification of the Questionnaire 
Responses Submitted by the Government of India,'' (March 4, 2015) 
(GOI Verification Report).
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    For a full description of the analysis concerning the Status 
Certificate, Market Access Initiative, and Market Development programs, 
see the Issues and Decision Memorandum, which also incorporates by 
reference our analysis from the Preliminary Results pertaining to other 
programs for which the Department's analysis and determinations have 
not changed. For all other issues, see the Preliminary Decision 
Memorandum.

Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we calculated the listed 
net subsidy rate for 2012:

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                  Company                         Net subsidy rate
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A.R. Printing & Packaging India Pvt. Ltd.   37.43 percent ad valorem.
 (AR Printing).
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Assessment Rates

    The Department intends to issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (CBP) 15 days after 
publication of these final results of review, to liquidate shipments of 
subject merchandise produced and/or exported by AR Printing, entered, 
or withdrawn from warehouse, for consumption on or after January 1, 
2012, through December 31, 2012, at the ad valorem rate listed above.

Cash Deposit Instructions

    The Department intends to instruct CBP to collect cash deposits of 
estimated CVDs in the amount shown above for AR Printing on shipments 
of subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of these final results 
of review. For all non-reviewed firms, we will instruct CBP to collect 
cash deposits of estimated CVDs at the most recent company-specific or 
all-others rate applicable to the company. Accordingly, the cash 
deposit requirements that will be applied to companies covered by this 
order, but not examined in this review, are those established in the 
most recently completed segment of the proceeding for each company. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Administrative Protective Order

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or 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 these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 6, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Analysis of Programs
    Programs Determined to be Countervailable
    A. Programs Addressed in the Preliminary Results
    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. 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)
    B. Changes from the Preliminary Results
III. Analysis of Comments
    Comment 1: Whether the Department Should Continue to Find 
Pursuant to Adverse Facts Available that AR Printing Benefited from 
the Status Certificate Program, Market Access Initiative Program and 
Market Development Assistance Programs During the POR
IV. Recommendation
[FR Doc. 2015-08423 Filed 4-10-15; 8:45 am]
 BILLING CODE 3510-DS-P