[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60628-60631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25572]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Notice of Preliminary 
Results of Antidumping Duty Administrative Review; 2013-2014

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

[[Page 60629]]

paper products (CLPP) from India.\1\ The period of review (POR) is 
September 1, 2013, through August 31, 2014.\2\ We preliminarily 
determine that during the POR, mandatory respondent Kokuyo Riddhi \3\ 
made sales of subject merchandise at less than normal value (NV) and 
mandatory respondent SAB International (SAB) did not. Interested 
parties are invited to comment on these preliminary results.
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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 Department initiated the review with regard to seven 
companies: Kokuyo Riddhi Paper Products Private Limited (Kokuyo 
Riddhi), Marisa International (Marisa), Navneet Publications (India) 
Ltd./Navneet Education Limited (Navneet), Pioneer Stationery Private 
Limited (Pioneer), Riddhi Enterprises (Riddhi), SAB International 
(SAB), and Super Impex (AKA M/S Super Impex) (Super Impex). See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 79 FR 64565 (October 30, 2014). We subsequently rescinded 
the review for three companies: Marisa, Pioneer, and Super Impex. 
See Certain Lined Paper Products From India: Partial Rescission of 
Antidumping Duty Administrative Review; 2013-2014, 80 FR 15553 
(March 24, 2015).
    \3\ The Department has determined that Kokuyo Riddhi Paper 
Products Private Limited (Kokuyo Riddhi) is the successor-in-
interest to Riddhi Enterprises. See Certain Lined Paper Products 
From India: Notice of Final Results of Antidumping Duty Changed 
Circumstances Review, 80 FR 18373 (April 6, 2015) (Final Results of 
CCR--Kokuyo Riddhi), and the accompanying Issues and Decision 
Memorandum. Accordingly, we refer to Kokuyo Riddhi and Riddhi 
Enterprises as Kokuyo Riddhi in this review.

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DATES: Effective Date: October 7, 2015.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or George McMahon, 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 
or (202) 482-1167, respectively.

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 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Certain Lined Paper Products 
from India; 2013-2014'' dated concurrently with these results and 
hereby adopted by this notice (Preliminary Decision Memorandum).
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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 have been calculated in accordance with section 772 of the Act. 
Normal value has been calculated in accordance with section 773 of the 
Act. Because we disregarded the below-cost sales of Kokuyo Riddhi in 
the most recent administrative review of these companies completed 
before the initiation of this review,\5\ we have reasonable grounds to 
believe or suspect that Kokuyo Riddhi's sales of the foreign like 
product under consideration for the determination of normal value in 
this review have been made at prices below the cost of production 
(COP). Accordingly, pursuant to section 773(b) of the Act, we have 
conducted a COP analysis of Kokuyo Riddhi's sales. Based on this test, 
we disregarded certain sales made by Kokuyo Riddhi in its comparison 
market which were made at below-cost prices.\6\
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    \5\ See Certain Lined Paper Products From India: Final Results 
of Antidumping Duty Administrative Review; 2010-2011, 78 FR 22232 
(April 15, 2013), as amended in Certain Lined Paper Products from 
India: Notice of Correction to the Final Results of Antidumping Duty 
Administrative Review; 2010-2011, 80 FR 29300 (May 21, 2015).
    \6\ On June 29, 2015, the President of the United States signed 
into law the Trade Preferences Extension Act of 2015 (TPEA), which 
made numerous amendments to the AD and countervailing duty law, 
including amendments to section 773(b)(2) of the Act, regarding the 
Department's requests for information on sales at less than cost of 
production. See Trade Preferences Extension Act of 2015, Pub. L. 
114-27, 129 Stat. 362 (2015) (TPEA). The 2015 law does not specify 
dates of application for those amendments. On August 6, 2015, the 
Department published an interpretative rule, in which it announced 
the applicability dates for each amendment to the Act, except for 
amendments contained to section 771(7) of the Act, which relate to 
determinations of material injury by the ITC. See Dates of 
Application of Amendments to the Antidumping and Countervailing Duty 
Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 
46793 (August 6, 2015). The amendments to section 773(b)(2) of the 
Act are applicable to determinations in which the complete initial 
questionnaire has not been issued as of August 6, 2015. Id., 80 FR 
at 46795. Because in this review questionnaires had been issued 
prior to the applicability date, these specific amendments do not 
apply to this review. Id., 80 FR at 46794-95. The 2015 amendments 
may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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    For a full description of the methodology underlying our 
conclusions, please see the Preliminary Decision Memorandum. 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 (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
is available to all parties in the Central Records Unit (CRU), room 
B8024 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.

Calculation of Normal Value Based on Constructed Value

    SAB reported that it made no sales to the home market.\7\ Pursuant 
to 773(a)(1)(C)(i) of the Act, we examined SAB's third country sales 
and have determined that such sales do not constitute a viable 
comparison market (CM) within the meaning of section 
773(a)(1)(B)(ii)(II) of the Act.\8\ Therefore, for these preliminary 
results, we relied on constructed value (CV) as the basis for 
calculating NV, in accordance with section 773(a)(4) and (e) of the 
Act.\9\
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    \7\ See SAB's Section A questionnaire response dated January 26, 
2015 (SAB's Sec AQR) at Exhibit A-1 and page 2.
    \8\ See SAB's Sec AQR; see also revised data in SAB's Section A-
D supplemental questionnaire response dated April 27, 2015 at 
Exhibits S1-1 (a), Exhibits S1-1 (b), and the accompanying SAB's 
U.S. and Third Country sales database for sales during the POR.
    \9\ See Preliminary Decision Memorandum at 12.
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the POR:
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    \10\ The margin for Navneet is the calculated weighted-average 
margin of Kokuyo Riddhi, the sole mandatory respondent receiving a 
margin that is above de minimis in these preliminary results. For 
further discussion, see the Preliminary Decision Memorandum at the 
``Margin for Company Not Selected for Individual Examination'' 
section.

[[Page 60630]]



------------------------------------------------------------------------
                                             Weighted- average  dumping
             Producer/exporter                    margin  (percent)
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Kokuyo Riddhi Paper Products Private        11.77
 Limited (formerly known as Riddhi
 Enterprises).
SAB International.........................  de minimis
Navneet Publications (India) Ltd./Navneet   11.77
 Education Limited \10\.
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Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (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).\11\ 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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    \11\ 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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    In accordance with the Department's ``automatic assessment'' 
practice, for 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, 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. For a full 
discussion of this clarification, see Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).
    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 Kokuyo Riddhi 
and SAB will be the rates 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 recently completed 
segment of this proceeding in which that manufacturer or exporter 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or the original less-than-fair-value investigation, but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recently completed segment of this proceeding 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.\12\ Pursuant to 19 CFR 351.309(c)(1)(ii), interested 
parties may submit case 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.\13\ 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.\14\ All case and rebuttal 
briefs must be filed electronically using ACCESS, and must also be 
served on interested parties.\15\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5:00 p.m. Eastern 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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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce. 
All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\16\ 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, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
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    \16\ 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

[[Page 60631]]

with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 30, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
    A. Initiation of the Administrative Review
    B. Partial Rescission of the 2013-2014 Administrative Review
    C. Selection of Respondents for Individual Examination
    D. Kokuyo Riddhi
    E. SAB
III. Scope of the Order
IV. Discussion of Methodology
    A. Date of Sale
    B. Comparisons to Normal Value
    C. Product Comparisons
    D. Determination of the Comparison Method
    E. Results of the DP Analysis
    1. Kokuyo Riddhi
    2. SAB
    F. U.S. Price
    G. Normal Value
    1. Home Market Viability and Comparison Market Selection
    2. Kokuyo Riddhi
    3. SAB
    4. Level of Trade
    H. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Prices and COP
    3. Results of COP Test
    4. Calculation of Normal Value Based on Comparison Market Prices
    5. Calculation of Normal Value Based on Constructed Value
    I. Margin for Company Not Selected for Individual Examination
    J. Currency Conversion
V. Recommendation

[FR Doc. 2015-25572 Filed 10-6-15; 8:45 am]
 BILLING CODE 3510-DS-P