[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28058-28060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11027]


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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 and Final Determination of No 
Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that Navneet 
Education Ltd. (Navneet) and Super Impex did not make sales of certain 
lined paper products from India at prices below normal value during the 
period of review (POR) September 1, 2018, through August 28, 2019. In 
addition, Commerce determines that Marisa International had no 
shipments during the POR.

DATES: Applicable May 25, 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 January 19, 2021, Commerce published the Preliminary Results.\1\ 
On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\2\ On July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days.\3\ The deadline for 
the final results of this review is now May 19, 2021. For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\4\
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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; 2018-2019, 86 FR 5132 (January 19, 
2021) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ 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.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Order on Certain Lined Paper 
Products from India; 2018-2019,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The products covered by this Order are certain lined paper products 
from India. For a full description of the scope, see the Issues and 
Decision Memorandum.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily found that Marisa 
International had no shipments of subject merchandise during the POR. 
Following the publication of the Preliminary Results, we received no 
comments from interested parties regarding Marisa International, nor 
has any party submitted record evidence which would call our 
preliminary determination of no shipments into question. Therefore, for 
the final results, we continue to find that Marisa International had no 
shipments of subject merchandise during the POR. Accordingly, 
consistent with Commerce's practice, we intend to instruct U.S. Customs 
and Border Protection (CBP) to liquidate any existing entries of 
merchandise produced by Marisa International, but exported by other 
parties, at the rate for the intermediate reseller, if available, or at 
the all-others rate.\5\
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    \5\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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    Regarding Lodha Offset Limited (Lodha), we received information 
from CBP indicating possible shipments from Lodha.\6\ Lodha did not 
comment on the Entry Summary Memorandum. Therefore, for the final 
results, we continue to find that Lodha had shipments of subject 
merchandise during the POR. Accordingly, we are including Lodha among 
the group of companies that are subject to the non-selected rate.
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    \6\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Information Relating to December 20, 2019, Entry Document 
Request,'' dated January 29, 2020.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues

[[Page 28059]]

and Decision Memorandum is attached to this notice as an Appendix. 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html/.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, we made the following changes to the Preliminary 
Results:
     Navneet's interest expense ratio.\7\
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    \7\ See Issues and Decision Memorandum at Comment 1.
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     The calculation of the indirect selling expense ratio used 
in Super Impex's margin analysis.\8\
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    \8\ Id. at Comment 4.
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Final Results of the Review

    As a result of this review, Commerce determines that the following 
weighted-average dumping margins exist 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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    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.\9\ 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 
not selected for individual review the zero percent rates calculated 
for Navneet and Super Impex.\10\ 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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    \9\ See section 735(c)(5)(A) of the Tariff Act of 1930, as 
amended (the Act).
    \10\ 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 Navneet, Super Impex, and the ten 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 Super Impex 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.\11\
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\12\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \12\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the 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 the companies 
listed above will be the rate 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 less-than-fair-value 
(LTFV) 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 LTFV 
investigation.\13\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \13\ 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).
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Notification to Importers

    This notice serves as a final 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 POR. 
Failure to comply with this requirement could result in the Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties has occurred and the subsequent assessment of double antidumping 
duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
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/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested.

[[Page 28060]]

Failure to comply with the regulations and the terms of an APO is a 
sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: May 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Analysis of Comments
    Comment 1: Whether Commerce Should Adjust Navneet's Interest 
Expense Ratio
    Comment 2: Whether Commerce Should Allocate Certain Navneet 
Trust Expenses to Navneet Education Ltd.
    Comment 3: Whether Commerce Should Use the Financial Statements 
of Arora Gifts Private Limited to Calculate Super Impex's Profit 
Ratio and Indirect Selling Expense Ratio
    Comment 4: Whether Commerce Should Adjust the Calculation of 
Arora Gifts Private Limited's Indirect Selling Expense Ratio
V. Recommendation

[FR Doc. 2021-11027 Filed 5-24-21; 8:45 am]
BILLING CODE 3510-DS-P