[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Notices]
[Pages 23017-23019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10546]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Final Results of
Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Kokuyo
Riddhi Paper Products Pvt. Ltd. (Kokuyo) and Navneet Education Ltd.
(Navneet) did not make sales of certain lined paper products (lined
paper) from India below normal value. The period of review (POR) is
September 1, 2016, through August 31, 2017.
DATES: Effective May 21, 2019.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson (for Navneet) and Joy
Zhang (for Kokuyo), 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 and (202) 482-1168, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 10, 2018, Commerce published the Preliminary Results.\1\
For a history of events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\2\ On December 21, 2018, we
extended the deadline for these final results until April 5, 2019.\3\
Commerce exercised its discretion to toll all deadlines affected by the
partial federal government closure from December 22, 2018, through the
resumption of operations on
[[Page 23018]]
January 29, 2019.\4\ Accordingly, the revised deadline for the final
results of this administrative review is now May 15, 2019.
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\1\ See Certain Lined Paper Products from India: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2016-2017, 83 FR 50886 (October 10,
2018) (Preliminary Results) and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Administrative Review; 2016-2017,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
\3\ See Memorandum, ``Certain Lined Paper Products from India:
Extension of Time Limit for Final Results of Antidumping Duty
Administrative Review: 2016-2017,'' dated December 21, 2018.
\4\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
affected by the partial federal government closure have been
extended by 40 days.
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Scope of the Order
The merchandise covered by the order is lined paper. The lined
paper subject to the order is currently classifiable under 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 of the Harmonized Tariff
Schedule of the United States.\5\
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\5\ For a full description of the scope of the order, see the
Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the Issues and Decision Memorandum. 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). 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 Issues and
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic versions of the Issues and Decision Memorandum are
identical in content.
A list of the issues that parties raised, and to which we responded
in the Issues and Decision Memorandum, is attached to this notice in
the Appendix.
Changes Since the Preliminary Results
Based on our analysis of the comments received from parties, we
made certain revisions to the margin calculations of Navneet and
Kokuyo.\6\
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\6\ See Issues and Decision Memorandum; see also Memorandum,
``Certain Lined Paper Products from India (2016-2017): Sales and
Cost of Production Calculation Memorandum for the Final Results of
Navneet Education;'' and ``Analysis Memorandum for the Final Results
of the Antidumping Duty Administrative Review of Certain Lined Paper
Products from India: Kokuyo Riddhi Paper Products Pvt. Ltd.''' The
analysis memoranda are dated concurrently with this notice.
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Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margins for the period September 1, 2016, through
August 31, 2017:
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Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Kokuyo Riddhi Paper Products Pvt. Ltd....................... 0.00
Navneet Education Ltd....................................... 0.00
Magic International Pvt. Ltd................................ 0.00
Pioneer Stationery Pvt Ltd.................................. 0.00
SGM Paper Products.......................................... 0.00
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For the companies that were not selected for individual review, we
assigned a rate based on the rates for the respondents that were
selected for individual review, excluding rates that are zero, de
minimis, or based entirely on facts available.\7\ In accordance with
the U.S. Court of Appeals for the Federal Circuit's decision in
Albemarle Corp. v. United States, we are applying to the three
companies not selected for individual review the zero percent rates
calculated for Navneet and Kokuyo.\8\ These are the only rates
determined in this review for individual respondents and, thus, should
be applied to the three firms not selected for individual review under
section 735(c)(5)(B) of the Act.
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\7\ See section 735(c)(5)(A) of the Tariff Act of 1930, as
amended (the Act).
\8\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle Corp. v. United States).
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these final results in
the Federal Register, in accordance with section 751(a) of the Act and
19 CFR 351.224(b).
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. Because the weighted-
average dumping margins of Kokuyo, Navneet, and the three firms not
selected for individual examination have been determined to be zero
within the meaning of 19 CFR 351.106(c), we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
In accordance with Commerce's practice, for entries of subject
merchandise during the POR for which Navneet and Kokuyo did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no company-specific rate for the intermediate company(ies) involved
in the transaction.\9\ Commerce intends to issue assessment
instructions directly to CBP 15 days after publication of these final
results of review.
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\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of lined paper from India entered, or withdrawn from
warehouse, for consumption on or after the date of publication 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 the respondents
noted above will be the rate 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; (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.\10\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\10\ 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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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the POR. Failure to comply
with this requirement could result in Commerce's presumption that
[[Page 23019]]
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of double antidumping duties.
Notifications to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221.
Dated: May 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. List of Comments
III. Background
IV. Scope of the Order
V. Changes Made Since the Preliminary Results
VI. Analysis of Comments
Comments Concerning Navneet
Comment 1: Whether Commerce Should Apply Total or Partial
Adverse Facts Available to Navneet in the Final Results
Comment 2: Whether Commerce Should Make a Central Excise Tax
(CET) Adjustment for Navneet's Home Market Price and/or Navneet's
Total Cost of Manufacture (TCOM)
Comments Concerning Kokuyo
Comment 3: Whether Commerce Should Grant a Full Scrap Offset to
Kokuyo
Comment 4: Whether Commerce Used the Correct Version of Kokuyo's
Comparison Market Database
VII. Recommendation
[FR Doc. 2019-10546 Filed 5-20-19; 8:45 am]
BILLING CODE 3510-DS-P