[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Notices]
[Pages 23765-23766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10802]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]


Certain Lined Paper Products From India: Final Results of 
Countervailing Duty Administrative Review; 2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to Goldenpalm 
Manufacturers Pvt. Limited (Goldenpalm), a producer/exporter of certain 
lined paper products (lined paper) from India for the period of review 
January 1, 2016, through December 31, 2016.

DATES: Applicable May 23, 2019.

FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482-1009.

Background

    Commerce published the Preliminary Results of this administrative 
review on October 10, 2018.\1\ 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 January 
29, 2019.\2\ On March 5, 2019, we postponed the final results of review 
by 57 days, until May 15, 2019.\3\ Based on an analysis of the comments 
received, Commerce has made certain changes to the subsidy rate listed 
in the Preliminary Results. The final subsidy rate is listed in the 
``Final Results of Administrative Review'' section below.
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    \1\ See Certain Lined Paper Products from India: Preliminary 
Results of Countervailing Duty Administrative Review; Calendar Year 
2016, 83 FR 50896 (October 10, 2018) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum.
    \2\ 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 have been extended by 40 days.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Review,'' dated March 5, 2019.
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Scope of the Order

    The products covered by the order are certain lined paper products 
from India. For a full description of the scope, see the Issues and 
Decision Memorandum.\4\
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    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of Administrative Review; 2016: Certain Lined Paper Products from 
India,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Analysis of Comments Received

    The issues raised by the Government of India, Goldenpalm, and the

[[Page 23766]]

petitioner \5\ in their case and rebuttal briefs are addressed in the 
Issues and Decision Memorandum. The issues are identified in the 
Appendix to this notice. 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 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 at 
http://trade.gov/enforcement/frn/. The signed Issues and Decision 
Memorandum and electronic version of the Issues and Decision Memorandum 
are identical in content.
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    \5\ The petitioner is the American Association of School Paper 
Suppliers.
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Changes Since the Preliminary Results

    Based on comments received from interested parties, we have 
continued to apply adverse facts available (AFA) pursuant to sections 
776(a) and (b) of the Tariff Act of 1930, as amended (the Act) to 
Goldenpalm, and to the GOI in various respects, but we have revised the 
AFA program rate assigned to Goldenpalm under the Government of Tamil 
Nadu's Capital Subsidies and Electricity Tax Exemption program. For a 
discussion of this and other issues, see the Issues and Decision 
Memorandum.

Methodology

    We conducted this review in accordance with section 751(a)(1)(A) of 
the Act. For each of the subsidy programs found countervailable, we 
find that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\6\ For a full description of the methodology 
underlying our conclusions, including any determination that relied 
upon the use of AFA pursuant to sections 776(a) and (b) of the Act, see 
the Issues and Decision Memorandum.
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    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and, section 771(5A) of the Act regarding specificity.
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Final Results of Administrative Review

    In accordance with section 777A(e) of the Act and 19 CFR 
351.221(b)(5), we find that the following net countervailable subsidy 
rate exists for the mandatory respondent, Goldenpalm, for the period 
January 1, 2016, through December 31, 2016:

------------------------------------------------------------------------
                                                           Subsidy rate
                  Manufacturer/exporter                     (percent ad
                                                             valorem)
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Goldenpalm Manufacturers Pvt. Limited...................          197.33
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Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), we intend to issue 
appropriate assessment instructions to Customs and Border Protection 
(CBP) 15 days after publication of the final results of this review. We 
will instruct CBP to liquidate shipments of subject merchandise 
produced and/or exported by the company listed above, entered or 
withdrawn from warehouse, for consumption from January 1, 2016, through 
December 31, 2016, at the ad valorem rate listed above.

Cash Deposit Requirements

    We intend also to instruct CBP to collect cash deposits of 
estimated countervailing duties, in the amounts shown above for 
Goldenpalm, on shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most-recent 
company-specific or all-others rate applicable to the company, as 
appropriate.\7\ Accordingly, the cash deposit requirements that will be 
applied to companies covered by this order, but not examined in this 
administrative review, are those established in the most recently 
completed segment of the proceeding for each company. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \7\ 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, 56953 (September 28, 
2006).
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Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibilities 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 violation which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

APPENDIX

I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse 
Inferences
V. Analysis of Programs
VI. Analysis of Comments
    Comment 1: Whether the Application of Adverse Facts Available 
(AFA) With Regard to Goldenpalm Was Warranted
    Comment 2: Whether Commerce Upheld its Legal Obligations in 
Applying AFA With Regard to the Government of India (GOI)
    Comment 3: Whether Commerce's Countervailable Determination 
Regarding the Duty Drawback Program (DDP) and Advance License 
Program (ALP) Properly Accounted for Information Submitted by the 
GOI
    Comment 4: Whether Commerce's Countervailable Subsidy 
Determination Regarding the Export Promotion Capital Goods Scheme 
(EPCGS) Properly Accounted for Information Submitted by the GOI
    Comment 5: Whether the Programs Operated by the State Government 
of Maharashtra (SGOM) and State Government of Tamil Nadu (SGOTN) are 
Specific
    Comment 6: Whether it Was Lawful for Commerce to Examine Newly 
Alleged Subsidy Programs
    Comment 7: Whether Commerce's Total AFA Rate for Goldenpalm is 
Incorrect
    Comment 8: Whether the Calculated Subsidy Rates Commerce 
Utilized as the Basis of the AFA Rates Applied to Goldenpalm Were 
Appropriate
    Comment 9: Whether Commerce Should Calculate an Additional AFA 
Rate for Subsidies Purportedly Discovered During the Course of the 
Review
    Comment 10: Attribution of Benefits Goldenpalm Received Under 
the EPCGS in the Event Commerce Determines Not to Apply Total AFA to 
Goldenpalm in the Final Results
    Comment 11: Whether Commerce Should Adjust the Assessment Rates 
Applied to the Importers of Record
    Comment 12: Whether Commerce Should Issue the Final Results on 
an Expedited Basis
VII. Recommendation

[FR Doc. 2019-10802 Filed 5-22-19; 8:45 am]
 BILLING CODE 3510-DS-P