[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5132-5135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01063]


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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; 2018-2019

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 of review (POR), 
September 1, 2018 through August 31, 2019. We preliminarily find that 
Navneet Education Ltd. (Navneet) and Super Impex did not make sales of 
subject merchandise at less than normal value during the POR. We invite 
interested

[[Page 5133]]

parties to comment on these preliminary results.

DATES: Applicable January 19, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-7851.

SUPPLEMENTARY INFORMATION:

Background

    On September 28, 2006, Commerce published the Order in the Federal 
Register.\1\ On November 12, 2019, pursuant to section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act), Commerce initiated an 
administrative review of the Order.\2\
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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) 
(Order).
    \2\ Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 61011 (November 12, 2019) (Initiation 
Notice).
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\3\ On June 11, 2020, we extended the deadline for 
the preliminary results to November 18, 2020.\4\ On July 21, 2020, 
Commerce tolled all deadlines in administrative reviews by an 
additional 60 days.\5\ The deadline for the preliminary results of this 
review is now January 19, 2021.
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    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \4\ See Memorandum, ``Certain Lined Paper Products from India: 
Extension of Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review; 2018-2019,'' dated June 11, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    Commerce initiated this administrative review covering the 
following 13 companies: Cellpage Ventures Private Limited (Cellpage); 
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; Pioneer Stationery Pvt. Ltd. 
(Pioneer); PP Bafna Ventures Private Limited (PP Bafna); SAB 
International (SAB); SGM Paper Products (SGM); and Super Impex.\6\ This 
review covers two mandatory respondents, Navneet and Super Impex. The 
other 11 companies were not selected for individual examination and 
remain subject to this administrative review.
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    \6\ Initiation Notice, 84 FR at 61012-61013.
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Scope of the Order

    The merchandise covered by the 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 Order is contained 
in the Preliminary Decision Memorandum.\7\
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain Lined 
Paper Products from India; 2018-2019,'' dated concurrently and 
hereby adopted by this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    On November 19 and November 26, 2019, Lodha and Marisa, 
respectively, submitted responses to Commerce's quantity and value 
questionnaire which indicated that the companies had no exports or 
sales of subject merchandise into the United States during the POR.\8\ 
To confirm Lodha and Marisa's no-shipment claims, on December 6, 2019, 
Commerce issued a no-shipment inquiry to U.S. Customs and Border 
Protection (CBP) concerning the two companies.\9\ CBP reported that it 
had no information to contradict Marisa's no shipments claim during the 
POR, but it found certain inconsistencies with respect to Lodha's no 
shipment claim.\10\
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    \8\ See Lodha's Letter, ``Response to Quantity & Value 
Questionnaire,'' dated November 19, 2019; see also Marisa's Letter, 
``Certain Lined Paper Products from India: Marisa International 
(`Marisa') No export or sales of subject merchandise,'' dated 
November 26, 2019.
    \9\ See Memorandum, ``No Shipment Inquiry,'' dated December 10, 
2019.
    \10\ See Memorandum, ``Request for Entry Summary,'' dated 
January 27, 2020 at Attachment.
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    Given that Marisa reported that it made no shipments of subject 
merchandise to the United States during the POR, and there is no 
information calling Marisa's claim into question, we preliminarily 
determine that Marisa did not have any reviewable transactions during 
the POR. Consistent with Commerce's practice, we will not rescind the 
review with respect to Marisa but, rather, will complete the review and 
issue instructions to CBP based on the final results.\11\ Concerning 
Lodha, for these preliminary results, we have included it among the 
firms subject to the rate for non-selected respondents.
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    \11\ Commerce determined not to rescind a review with respect to 
exporters that demonstrate that they had no knowledge of sales 
through resellers to the United States because we find it 
appropriate to instruct CBP to liquidate such entries at the all-
others rate applicable to the proceeding. Further, Commerce 
explained that it is more consistent with the Automatic Assessment 
Clarification not to rescind a review in part under these 
circumstances but rather to complete the review and issue 
appropriate instructions to CBP based on the final results of the 
review. 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) at 6-7 (citing Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003) (Automatic Assessment Clarification)).
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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. 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

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the

[[Page 5134]]

Act. 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, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. 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.''
    In this review, we have preliminarily calculated weighted-average 
dumping margins for Navneet and Super Impex that are zero. For the 
companies that were not selected for individual review, we 
preliminarily 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.\12\ 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 
ten companies that had reviewable transactions during the POR the zero 
percent rates calculated for Navneet and Super Impex.\13\ These are the 
only rates determined in this review for individual respondents and, 
thus, should be applied to the ten firms not selected for individual 
review under section 735(c)(5)(B) of the Act.
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    \12\ See section 735(c)(5)(A) of the Act.
    \13\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
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Preliminary Results of the Review

    As a result of this review, we preliminarily find that the 
following weighted-average dumping margins existed for the period 
September 1, 2018 through August 31, 2019.

------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                      Producer/Exporter                         Dumping
                                                                Margin
                                                               (percent)
------------------------------------------------------------------------
Cellpage Ventures Private Limited...........................        0.00
Goldenpalm Manufacturers PVT Limited........................        0.00
Kokuyo Riddhi Paper Products Pvt. Ltd.......................        0.00
Lodha Offset Limited........................................        0.00
Lotus Global Private Limited................................        0.00
Magic International Pvt. Ltd................................        0.00
Navneet Education Ltd.......................................        0.00
PP Bafna Ventures Private Limited...........................        0.00
Pioneer Stationery Pvt. Ltd.................................        0.00
SAB International...........................................        0.00
SGM Paper Products..........................................        0.00
Super Impex.................................................        0.00
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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 
Super Impex 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).\14\ 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.\15\
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    \14\ 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).
    \15\ Id., 77 FR at 8102.
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    In accordance with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Navneet or Super Impex 
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.\16\ For a full discussion of 
this practice, see Assessment Policy Notice.\17\
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    \16\ See Order, 71 FR at 56952.
    \17\ See Automatic Assessment Clarification.
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    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.\18\ Interested 
parties may submit case briefs not later than 30 days after the date of 
publication of this notice in the Federal Register.\19\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than seven days after the date for filing case briefs.\20\ 
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.\21\ 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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    \18\ See 19 CFR 351.224(b).
    \19\ See 19 CFR 351.309(c)(1)(ii).
    \20\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \21\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
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    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

[[Page 5135]]

Compliance, within 30 days after the date of publication of this 
notice.\22\ 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 a time 
and date to be determined. Parties should confirm by telephone the date 
and time of the hearing two days before the scheduled date.
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    \22\ See 19 CFR 351.310(c).
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    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 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of doubled 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: January 7, 2021.
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. 2021-01063 Filed 1-15-21; 8:45 am]
BILLING CODE 3510-DS-P