[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71046-71048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24823]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2014-2015

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on certain lined paper products 
(CLPP) from India, covering the period September 1, 2014, through 
August 31, 2015. We preliminarily determine that mandatory respondent 
Navneet Education Ltd. (Navneet) made sales of subject merchandise at 
less than normal value (NV) during the period of review (POR) and that 
mandatory respondent Kokuyo Riddhi Paper Products Private Limited 
(Kokuyo Riddhi) did not. Interested parties are invited to comment on 
these preliminary results.

DATES: Effective October 14, 2016.

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.

SUPPLEMENTARY INFORMATION:

Background

    On September 2, 2015, the Department published a notice of 
initiation of an administrative review of the antidumping order on 
November 9, 2015.\1\ On February 3, 2016, we subsequently rescinded the 
review, in part, with respect to two companies, SAB and Super Impex.\2\
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    \1\ The Department initiated the review with regard to ten 
companies: Goldenpalm Manufacturers PVT Limited (Goldenpalm), Kokuyo 
Riddhi, Lodha Offset, Magic International Pvt. Ltd. (Magic), Marisa 
International (Marisa), Navneet, Pioneer Stationery Pvt Ltd 
(Pioneer), SAB International (SAB), SGM Paper Products, and Super 
Impex. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 69193 (November 9, 2015).
    \2\ See Certain Lined Paper Products From India: Notice of 
Partial Rescission of Antidumping Duty Administrative Review; 2014-
2015, 81 FR 5707 (February 3, 2016).
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    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department exercised its discretion 
to toll all administrative deadlines due to a closure of the Federal 
Government. As a result, the revised deadline for the preliminary 
results of this review was June 7, 2016.\3\ On May 3, 2016, the 
Department extended the deadline for the preliminary results to October 
5, 2016.
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    \3\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm `Jonas,''' dated January 27, 2016. If the 
new deadline falls on a non-business day, in accordance with the 
Department's practice, the deadline will become the next business 
day.
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    On September 7, 2016, Petitioner submitted new factual information 
regarding Navneet's U.S. sales data.\4\ Given the timing of the 
submission, the Department could not address this new factual 
information in these preliminary results. The Department invited 
interested parties to submit comments no later than October 24, 
2016,\5\ and will address the matter in the final results.
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    \4\ See Letter titled, ``New Factual Information Filed by the 
Association of American School Paper Suppliers (Petitioner) and 
Extension of Deadline to Submit New Factual Information Pertaining 
to Navneet Education Ltd.'s (Navneet) Sales Reporting,'' dated 
September 27, 2016.
    \5\ Id.
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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.\6\
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    \6\ 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; 2014-2015'' dated concurrently with and hereby adopted 
by this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    In response to the Department's quantity and value questionnaire 
issued on November 9, 2015, Lodha Offset reported that it made no sales 
of subject merchandise during the POR.\7\ On November 19, 2015, we 
issued a non-shipment inquiry instruction to U.S. Customs and Border 
Protection (CBP) to confirm Lodha Offset's claim of non-shipment.\8\ We 
did not receive any contradictory information from CBP. Based on Lodha 
Offset's claim of no shipments and because no information to the 
contrary was received by the Department from CBP, we preliminarily 
determine that Lodha Offset had no shipments of the subject 
merchandise, and, therefore, no reviewable transactions, during the 
POR. For a full discussion of this determination, see the Preliminary 
Decision Memorandum.
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    \7\ See Lodha Offset's certified Quantity and Value response, 
dated November 11, 2015.
    \8\ See CBP message number 5323301, dated November 19, 2015.
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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). Constructed 
export price or export price is calculated in accordance with section 
772 of the Act. Normal value is calculated in accordance with section 
773 of the Act. For a full description of the

[[Page 71047]]

methodology underlying our preliminary results, 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 https://access.trade.gov and is available to all parties in the Central Records 
Unit, 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.

Preliminary Results of the Review

    As a result of this review, the Department calculated a de minimis 
dumping margin for Kokuyo Riddhi and a weighted-average dumping margin 
2.54 percent for Navneet for the period September 1, 2014, through 
August 31, 2015. Therefore, in accordance with section 735(c)(5)(A) of 
the Act, the Department assigned the weighted-average dumping margin of 
2.54 percent calculated for Navneet to the five non-selected companies 
in these preliminary results, as referenced below.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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Kokuyo Riddhi Paper Products Private Limited............         0.00/de
                                                                 minimis
Navneet Education Ltd...................................            2.54
Goldenpalm Manufacturers PVT Limited....................            2.54
Magic International Pvt. Ltd............................            2.54
Marisa International (Marisa)...........................            2.54
Pioneer Stationery Pvt Ltd (Pioneer)....................            2.54
SGM Paper Products......................................            2.54
------------------------------------------------------------------------

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. If the weighted-average dumping margin for 
Kokuyo Riddhi or Navneet is not zero or de minimis (i.e., less than 0.5 
percent), we will calculate importer-specific ad valorem antidumping 
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).\9\ 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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    \9\ 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.
    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 respondents 
noted above will be the rates established in the final results of this 
administrative review; (2) for merchandise exported by producers 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; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 3.91 percent, the all-others 
rate established in the investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Disclosure and Public Comment

    The Department will 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.\10\ 
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.\11\ 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.\12\ All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS.
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    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\13\ 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.\14\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), the Department will issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in their case briefs,

[[Page 71048]]

within 120 days after issuance of these preliminary results.

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 duties 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 duties 
occurred and increase the subsequent assessment of the antidumping 
duties by the amount of antidumping duties reimbursed.
    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 
351.213(h) and 351.221(b)(4).

    Dated: October 5, 2016.
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. Kokuyo Riddhi
    B. Navneet
    C. Extension of Preliminary Results
III. Scope of the Order
IV. Discussion of Methodology
    A. Date of Sale
    B. Product Comparisons
    C. Comparisons to Normal Value
    D. Determination of Comparison Method
    E. Results of the Differential Pricing Analysis
    F. Export Price
    G. Normal Value
    1. Home Market Viability
    2. Level of Trade
    3. Sales to Affiliated Customers
    4. Cost of Production Analysis
    a. Calculation of COP
    b. Test of Comparison Market Prices and COP
    c. Results of COP Test
    d. Calculation of Normal Value Based on Comparison Market Prices
    H. Margin for Company Not Selected for Individual Examination
    I. Currency Conversion
V. Recommendation
[FR Doc. 2016-24823 Filed 10-13-16; 8:45 am]
 BILLING CODE 3510-DS-P