[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61887-61889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24733]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Preliminary Results of 
Antidumping Duty Administrative Review, Preliminary Determination of No 
Shipments; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on certain lined 
paper products from India, covering the period September 1, 2017 
through August 31, 2018. We preliminarily find that Navneet Education 
Ltd. (Navneet) made sales of subject merchandise at less than normal 
value during the period of review (POR) and that SAB International 
(SAB) did not. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable November 14, 2019.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Samuel Brummitt, 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) 
482-7851, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 28, 2006, Commerce published the CLPP from India AD 
Order in the Federal Register.\1\ On November 15, 2018, 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\ 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 28, 2019.\3\ On

[[Page 61888]]

June 19, 2019, we extended the deadline for the preliminary results to 
November 8, 2019.\4\
---------------------------------------------------------------------------

    \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 AD Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411 (November 15, 2018) (Initiation 
Notice).
    \3\ 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. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline 
will become the next business day.
    \4\ See Memorandum, ``Certain Lined Paper Products from India: 
Extension of Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review; 2017-2018,'' dated June 19, 2019.
---------------------------------------------------------------------------

    Commerce initiated this administrative review covering the 
following thirteen companies: Cellpage Ventures Private Limited 
(Cellpage), Goldenpalm Manufacturers PVT Limited (Goldenpalm), Kokuyo 
Riddhi Paper Products Private Limited (Kokuyo), Lodha Offset Limited 
(Lodha), Lotus Global Private Limited (Lotus Global), Magic 
International Pvt. Ltd. (Magic), Marisa International (Marisa), 
Navneet, Pioneer Stationery Private Limited (Pioneer), PP Bafna 
Ventures Private Limited (PP Bafna),\5\ SAB, SGM Paper Products, and 
Super Impex.\6\ This review covers two mandatory respondents, Navneet 
and SAB. The other eleven companies were not selected for individual 
examination and remain subject to this administrative review.
---------------------------------------------------------------------------

    \5\ The name of PP Bafna was inadvertently misspelled in the 
initiation notice.
    \6\ Initiation Notice, 83 FR at 57412.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the CLPP from India AD 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 AD Order is contained in the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain Lined 
Paper Products from India; 2017-2018,'' dated concurrently and 
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    On November 22 and December 6, 2018, in their respective responses 
to Commerce's quantity and value questionnaire, Lodha and Pioneer 
reported that they had no exports or sales of subject merchandise into 
the United States during the POR. On December 10, 2018, Marisa 
submitted a certification of no shipments. To confirm Lodha's, 
Marisa's, and Pioneer's no-shipment claims, Commerce issued a no-
shipment inquiry to U.S. Customs and Border Protection (CBP) requesting 
that it review Lodha's, Marisa's, and Pioneer's no-shipment claims. CBP 
reported that it had no information to contradict these claims of no 
shipments during the POR.
    Given that Lodha, Marisa, and Pioneer 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, Pioneer, and Marisa did not have 
any reviewable transactions during the POR. Consistent with Commerce's 
practice, we will not rescind the review with respect to Lodha, Marisa, 
and Pioneer but, rather, will complete the review and issue 
instructions to CBP based on the final results.\8\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of 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-8094 of the main Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. 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.

Rate for Non-Selected Respondents

    For the rate for non-selected respondents in an administrative 
review, generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in a 
market economy investigation. Under section 735(c)(5)(A) of the Act, 
the all-others rate is normally ``an amount equal to the weighted-
average of the estimated weighted-average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' In this segment of the proceeding, 
we calculated a margin for Navneet that was not zero, de minimis, or 
based on facts available. Accordingly, we have preliminarily applied 
the margin calculated for Navneet to the non-individually examined 
respondents.

Preliminary Results of the Review

    We preliminarily determine that, for the period September 1, 2017 
through August 31, 2018, the following weighted-average dumping margins 
exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Cellpage Ventures Private Limited...........................        2.30
Goldenpalm Manufacturers PVT Limited........................        2.30
Kokuyo Riddhi Paper Products Pvt. Ltd.......................        2.30
Lotus Global Private Limited................................        2.30
Magic International Pvt. Ltd................................        2.30
Navneet Education Ltd.......................................        2.30
PP Bafna Ventures Private Limited...........................        2.30
SAB International...........................................        0.00
SGM Paper Products..........................................        2.30
Super Impex.................................................        2.30
------------------------------------------------------------------------

Assessment Rates

    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 Navneet or 
SAB is not zero or de minimis (i.e., less than 0.5

[[Page 61889]]

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).\9\ 
If the weighted-average dumping margin for the respondents listed above 
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.\10\
---------------------------------------------------------------------------

    \9\ 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).
    \10\ Id., 77 FR at 8102.
---------------------------------------------------------------------------

    In accordance with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Navneet or SAB 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 of 3.91 percent, as established in the less-than-fair-
value investigation, if there is no rate for the intermediate 
company(ies) involved in the transaction.\11\ For a full discussion of 
this matter, see Assessment Policy Notice.\12\
---------------------------------------------------------------------------

    \11\ See CLPP from India AD Order, 71 FR at 56952.
    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
---------------------------------------------------------------------------

    We intend to issue liquidation 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, then 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

    We will disclose to parties to the proceeding any calculations 
performed in connection with these preliminary results of review within 
five days after the date of publication of this notice.\13\ Interested 
parties may submit case briefs not later than 30 days after the date of 
publication of this notice in the Federal Register.\14\ 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.\15\ 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.\16\ All briefs must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety by the established deadline.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(d)(1).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
---------------------------------------------------------------------------

    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.\17\ 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. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs. 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.\18\ Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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 
Commerce'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: November 7, 2019.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2019-24733 Filed 11-13-19; 8:45 am]
 BILLING CODE 3510-DS-P