[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50886-50888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21850]
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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 and Preliminary Determination of
No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of certain lined paper products were not made at less than
normal value during the September 1, 2016, through August 31, 2017,
period of review (POR). We invite interested parties to comment on
these preliminary results.
DATES: Applicable October 10, 2018.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Joy Zhang, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington DC 20230; telephone (202) 482-3797 or (202) 482-1168,
respectively.
Background
On September 28, 2006, Commerce published the CLPP from India Order
in the Federal Register.\1\ On November 13, 2017, pursuant to section
751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce
initiated an administrative review of the antidumping duty order on
certain lined paper products from India.\2\ On January 23, 2018,
Commerce exercised its discretion to toll all deadlines affected by the
closure of the Federal Government from January 20 through 22, 2018.\3\
On May 10, 2018, we extended the deadline for the preliminary results
to October 3, 2018.\4\
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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 from India Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 52268 (November 13, 2017) (Initiation
Notice).
\3\ See memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by three days.
\4\ See Memorandum, ``Certain Lined Paper Products from India:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review; 2016-2017,'' dated May 10, 2018.
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[[Page 50887]]
Commerce initiated this administrative review covering the
following twelve companies: Goldenpalm Manufacturers PVT Limited
(Goldenpalm), Kokuyo Riddhi Paper Products Pvt. Ltd. (Kokuyo), Lodha
Offset Limited (Lodha), Lotus Global Private Limited (Lotus Global),
Magic International Pvt. Ltd. (Magic), Marisa International (Marisa),
Navneet Education Ltd. (Navneet), Pioneer Stationery Pvt. Ltd.
(Pioneer), PP Bafna Ventures Private Limited (PP Bafna), SAB
International, SGM Paper Products, and Super Impex.\5\ On August 16,
2018, we rescinded the administrative review with respect to
Goldenpalm, Super Impex, SAB International, Lotus Global, and PP
Bafna.\6\ This review covers two mandatory respondents, Navneet and
Kokuyo. The following five companies were not selected for individual
examination and remain subject to this administrative review: Lodha,
Magic International Pvt. Ltd., Marisa, Pioneer Stationery Pvt. Ltd.,
and SGM Paper Products.
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\5\ See Initiation Notice, 82 FR at 52269.
\6\ See Certain Lined Paper Products from India: Notice of
Partial Rescission of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 40750 (August 16, 2018).
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Scope of the Order
The merchandise covered by the CLPP from India 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. A full description of the scope of the CLPP from
India Order is contained in the Preliminary Decision Memorandum.\7\
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\7\ See the ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Lined Paper Products
from India; 2016-2017,'' dated concurrently and hereby adopted by
this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments
On December 11 and 18, 2017, in their respective responses to
Commerce's quantity and value questionnaire, Lodha and Marisa reported
that they had no exports or sales of subject merchandise into the
United States during the POR. To confirm Lodha's and Marisa's no-
shipment claims, Commerce issued a no-shipment inquiry to U.S. Customs
and Border Protection (CBP) requesting that it review Lodha's and
Marisa's no-shipment claims. CBP did not report that it had any
information to contradict these claims of no shipments during the POR.
Given that Lodha and Marisa reported that they made no shipments of
subject merchandise to the United States during the POR, and there is
no information calling their claims into question, we preliminarily
determine that Lodha and Marisa made no shipments of subject
merchandise during the POR. Consistent with Commerce's practice, we
will not rescind the review with respect to Lodha and Marisa but,
rather, will complete the review and issue instructions to CBP based on
the final results.\8\
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\8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the the Act. 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 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 B-8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision memorandum can
be accessed directly 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. A list
of the topics discussed in the Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily calculated a dumping
margin of 0.33 percent (de minimis) for Navneet and zero percent for
Kokuyo. We are applying to the non-selected companies the rates
calculated for the mandatory respondents in these preliminary results,
as referenced below.\9\
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\9\ See Albemarle Corp. & Subsidiaries v. United States, 821
F.3d 1345 (Fed. Cir. 2016) (Albemarle).
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Weighted- average dumping
Producer/exporter margin (percent)
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Kokuyo Riddhi Paper Products Pvt. Ltd... 0.00
Navneet Education Ltd................... 0.33
(de minimis)
Magic International Pvt. Ltd............ 0.00
Pioneer Stationery Pvt. Ltd............. 0.00
SGM Paper Products...................... 0.00
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Assessment Rate
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. If the weighted-average dumping margin for Kokuyo 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
each importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\10\ If the weighted-
average dumping margin for Kokuyo or Navneet is zero or de minimis in
the final results, or an importer-specific assessment rate is zero or
de minimis in the final results, we will instruct CBP not to assess
antidumping duties on any of their entries in accordance with the Final
Modification for Reviews.\11\
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\10\ In these preliminary results, Commerce 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). (Final Modification
for Reviews).
\11\ Id. at 8102.
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In accordance with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by each respondent for
which it did not know that its 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.
[[Page 50888]]
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 as modified by the section 129
determination.\12\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\12\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the
Uruguay Round Agreements Act and Revocations and Partial Revocations
of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).
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Disclosure
We intend to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\13\
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\13\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(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 no later than five days after the date for filing
case briefs.\14\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\15\ All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by the established deadline.
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\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, within 30 days after the date of
publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 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.
We intend to issue the final results of this administrative review,
including the results of our analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
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
Secretary's presumption that reimbursement of antidumping duties
occurred and increase the subsequent assessment of the antidumping
duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: October 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
B. Product Comparisons
C. Date of Sale
D. Export Price
E. Normal Value
1. Home Market Viability
2. Cost of Production Analysis
a. Calculation of COP
b. Test of Comparison Market Prices and COP
c. Results of COP Test
F. Level of Trade
G. Calculation of Normal Value Based on Comparison Market Prices
H. Margin for Companies Not Selected for Individual Examination
I. Currency Conversions
VI. Recommendation
[FR Doc. 2018-21850 Filed 10-9-18; 8:45 am]
BILLING CODE 3510-DS-P