[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29300-29301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Notice of Court Decision 
Not in Harmony With Final Results of Antidumping Duty Administrative 
Review and Notice of Amended Final Results of Antidumping Duty 
Administrative Review; 2010-2011

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 4, 2015, the United States Court of International Trade 
(the Court) issued Navneet II,\1\ which sustained the Final Remand 
Results \2\ that the Department of Commerce (the Department) issued in 
connection with Navneet I.\3\ In the Final Remand Results, the 
Department recalculated the weighted-average dumping margin that was 
established for 51 companies that neither failed to cooperate with the 
agency nor were selected for individual investigation (hereinafter 
referred to as the non-selected respondents).\4\
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    \1\ See Navneet Publications (India) Ltd. et al. v. United 
States, Court No. 13-00204, Slip. Op. 15-41 (CIT May 4, 2015) 
(Navneet II).
    \2\ See Final Results Of Redetermination Pursuant To Court 
Remand, Court No. 13-00204, Slip Op. 14-87 (December 4, 2014) (Final 
Remand Results), which is available at http://enforcement.trade.gov/remands/14-87.pdf.
    \3\ See Navneet Publications (India) Ltd. v. United States, 
Court No. 13-00204, Slip Op. 14-87 (CIT July 22, 2014) (Navneet I).
    \4\ See Final Remand Results at 12-17.
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    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (CAFC) in Timken,\5\ as clarified by Diamond 
Sawblades,\6\ the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's final 
results of the administrative review of the antidumping duty order on 
certain lined paper products from India covering the period of review 
September 1, 2010, through August 31, 2011 (POR).
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    \5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

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DATES: Effective Date: May 14, 2015.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson, 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-
3797.

SUPPLEMENTARY INFORMATION: 

Background

    On April 15, 2013, the Department issued the Final Results.\7\ 
Navneet Education Ltd. (Navneet) \8\ and eight other companies \9\ 
timely filed

[[Page 29301]]

complaints with the Court and challenged certain aspects of the Final 
Results. In Navneet I, the Court remanded the Department's Final 
Results with respect to the Department's calculation of the 11.01 
percent non-selected rate assigned to 51 non-selected respondents. The 
Department based the non-selected rate on the simple average of the two 
mandatory respondents' zero rates and two (out of four) of the 22.02 
percent adverse facts available (AFA) rates assigned to the 
uncooperative respondents, which failed to respond to the Department's 
quantity and value questionnaire.\10\
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    \7\ See Certain Lined Paper Products from India: Final Results 
of Antidumping Duty Administrative Review; 2010-2011, 78 FR 22232 
(April 15, 2013) (Final Results) and accompanying Issues and 
Decision Memorandum (Final Decision Memorandum).
    \8\ Navneet Education Ltd. (Navneet) was formally known as 
Navneet Publications (India) Ltd. See Certain Lined Paper Products 
From India: Final Results of Changed Circumstances Review, 79 FR 
35727 (June 24, 2014) (Navneet CCR Final Results).
    \9\ The other eight companies are: Marisa International; Riddhi 
Enterprises, Ltd.; Super Impex; Pioneer Stationary Pvt. Ltd.; SGM 
Paper Products; SAB International; Lodha Offset Limited; and Magic 
International Pvt. Ltd. By Court Order on June 20, 2013, Riddhi 
Enterprises, Ltd. and SAB International were dismissed from the 
litigation.
    \10\ See Navneet I at 19, referencing the Final Decision 
Memorandum at Comment 5.
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    On July 22, 2014, the Court remanded the Department's Final Results 
and instructed the Department to reconsider the following two issues: 
(1) That the rate assigned to the non-selected companies should be 
supported by ``substantial evidence,'' and (2) that the rate reflects 
the ``economic reality'' and ``pricing behavior'' of the non-selected 
respondents.\11\
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    \11\ See Navneet I at 15.
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    On December 4, 2014, the Department filed the Final Remand Results 
with the Court, in which it continued to find evidence of dumping 
during the POR, drew an inference that the behavior of uncooperative 
respondents reflects rational choice, and, thus, found it reasonable to 
assign an above de minimis margin to the non-selected respondents.\12\ 
In the Final Remand Results, the Department explained that this 
approach complied with the Court's holding in Navneet I that the non-
selected margin be tied to the relevant factual circumstances of the 
administrative review and the economic reality of the non-selected 
respondents.\13\ On May 4, 2015, the Court entered judgment sustaining 
the Final Remand Results.\14\
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    \12\ See Final Remand Results 14-15.
    \13\ Id.
    \14\ See Navneet II at 11.
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Timken Notice

    In Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the 
CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, 
as amended (the Act), the Department must publish a notice of a court 
decision that is not ``in harmony'' with a Department determination and 
must suspend liquidation of entries pending a ``conclusive'' court 
decision. The Court's judgment in Navneet II sustaining the Final 
Remand Results constitutes a final decision of the Court that is not in 
harmony with the Department's Final Results. This notice is published 
in fulfillment of the publication requirement of Timken.

Amended Final Results

    Because there is now a final court decision, the Department is 
amending the Final Results with respect to Navneet and the other non-
selected, cooperative exporters that are plaintiffs in this case. The 
revised weighted-average dumping margins for these exporters during the 
period September 1, 2010, through August 31, 2011, are as follows:

         Weighted-Average Dumping Margin for Plaintiff Exporters
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Lodha Offset Limited........................................        0.50
Magic International Pvt Ltd.................................        0.50
Marisa International........................................        0.50
Navneet Education Ltd \15\..................................        0.50
Pioneer Stationery Pvt. Ltd.................................        0.50
SGM Paper Products..........................................        0.50
Super Impex.................................................        0.50
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    Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal or, if appealed, pending a final and conclusive court 
decision. In the event the Court's ruling is not appealed or, if 
appealed, upheld by the CAFC, the Department will instruct U.S. Customs 
and Border Protection to assess antidumping duties on unliquidated 
entries of subject merchandise exported by the  above listed exporters 
at the rate listed above.
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    \15\ Navneet Education Ltd. is a successor in interest to 
Navneet Publications (India) Ltd. See Navneet CCR Final Results.
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Cash Deposit Requirements

    Since the Final Results, the Department has established a new cash 
deposit rate for Navneet Education Ltd. and Super Impex.\16\ Therefore, 
the cash deposit rate for these two companies does not need to be 
updated as a result of these amended final results The cash deposit 
rate will be the rate listed above for the remaining five companies 
listed above and subject to this remand.
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    \16\ See Certain Lined Paper Products From India: Final Results 
of Antidumping Duty Administrative Review; 2011-2012, 79 FR 26205 
(May 7, 2014); see also Certain Lined Paper Products From India: 
Final Results of Antidumping Duty Administrative Review; 2012-2013, 
80 FR 19278 (April 10, 2015).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: May 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-12337 Filed 5-20-15; 8:45 am]
BILLING CODE 3510-DS-P