[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Pages 54426-54429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21404]


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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; Rescission of Administrative 
Review, in Part; and Preliminary Determination of No Shipments; 2019-
2020

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, 2019, through August 31, 2020. We preliminarily find that 
Navneet Education Ltd. (Navneet) made sales of subject merchandise at 
less than normal value during the POR. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable October 1, 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 October 30, 2020, 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\ On May 24, 2021, we extended the 
deadline for the preliminary results to September 30, 2021.\3\
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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\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 68840 (October 30, 2020) (Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020,'' 
dated May 24, 2021.
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    Commerce initiated this administrative review covering the 
following seventeen companies: Cellpage Ventures Private Limited

[[Page 54427]]

(Cellpage); Goldenpalm Manufacturers PVT Limited (Goldenpalm); ITC 
Limited--Education and Stationery Products Business (ITC Limited); M/s. 
Bhaskar Paper Products (Bhaskar); Dinakar Process Private Limited 
(Dinakar); JC Stationery (P) Ltd. (JC Stationery); 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.\4\ On 
January 19, 2021, Pioneer, PP Bafna, SAB, SGM, and Super Impex timely 
withdrew their requests for review.\5\ On January 20, 2021, Cellpage, 
Lotus Global, and Kokuyo timely withdrew their requests for review.\6\ 
On January 28, 2021, ITC Limited, Bhaskar, Dinakar, and JC Stationery 
timely withdrew their requests for review.\7\ As detailed below, we are 
rescinding the review, in part, with respect to ten of the above 
companies. This review covers one mandatory respondent, Navneet. The 
other six companies were not selected for individual examination and 
remain subject to this administrative review.
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    \4\ Initiation Notice, 85 FR at 68842.
    \5\ See Pioneer's Letter, ``Withdrawal of Request for 
Antidumping Duty Administrative Review of Pioneer,'' dated January 
19, 2021 (Pioneer's Withdrawal of Request for Review); PP Bafna's 
Letter, ``Withdrawal of Request for Antidumping Duty Administrative 
Review of PP Bafna,'' dated January 19, 2021 (PP Bafna's Withdrawal 
of Request for Review); SAB's Letter, ``Withdrawal of Request for 
Antidumping Duty Administrative Review of SAB International,'' dated 
January 19, 2021 (SAB's Withdrawal of Request for Review); SGM's 
Letter, ``Withdrawal of Request for Antidumping Duty Administrative 
Review of SGM Paper Products,'' dated January 19, 2021 (SGM's 
Withdrawal of Request for Review); and Super Impex's Letter, 
``Withdrawal of Request for Antidumping Duty Administrative Review 
of Super Impex,'' dated January 19, 2021 (Super Impex's Withdrawal 
of Request for Review).
    \6\ See Cellpage's Letter, ``Withdrawal of Request for 
Antidumping Duty Administrative Review of Cellpage Ventures Private 
Limited,'' dated January 20, 2021 (Cellpage's Withdrawal of Request 
for Review); Lotus Global's Letter, ``Withdrawal of Request for 
Antidumping Duty Administrative Review of Lotus Global Private 
Limited,'' dated January 20, 2021 (Lotus Global's Withdrawal of 
Request for Review); and Kokuyo's Letter, ``Withdrawal of Request 
for Anti-dumping Duty Administrative Review of Kokuyo Riddhi Paper 
Products Private Limited,'' dated January 20, 2021 (Kokuyo's 
Withdrawal of Request for Review).
    \7\ See ITC Limited, Bhaskar, Dinakar, and JC Stationery's 
Letter, ``Withdrawal of Request for Administrative Review,'' dated 
January 28, 2021 (ITC Limited, Bhaskar, Dinakar, and JC Stationery's 
Withdrawal of Request for Review).
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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.\8\
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    \8\ 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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Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. As noted 
above, on January 19, 2021, Pioneer, PP Bafna, SAB, SGM, and Super 
Impex timely withdrew their requests for review.\9\ On January 20, 
2021, Cellpage, Lotus Global, and Kokuyo timely withdrew their requests 
for review.\10\ On January 28, 2021, ITC Limited, Bhaskar, Dinakar, and 
JC Stationery timely withdrew their requests for review.\11\ Because 
there is still an active review request for Pioneer and SGM, we are not 
rescinding the review with respect to these companies.\12\ However, 
because there was a timely withdrawal of requests for review and 
because there are no other active requests for review, we are 
rescinding this review with respect to the following companies, 
pursuant to 19 CFR 351.213(d)(1): Bhaskar, Cellpage, Dinakar, ITC 
Limited, JC Stationery, Kokuyo, Lotus Global, PP Bafna, SAB, and Super 
Impex.
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    \9\ See Pioneer's Withdrawal of Request for Review; PP Bafna's 
Withdrawal of Request for Review; SAB's Withdrawal of Request for 
Review; SGM's Withdrawal of Request for Review; and Super Impex's 
Withdrawal of Request for Review.
    \10\ See Cellpage's Withdrawal of Request for Review; Lotus 
Global's Withdrawal of Request for Review; and Kokuyo's Withdrawal 
of Request for Review.
    \11\ See ITC Limited, Bhaskar, Dinakar, and JC Stationery's 
Withdrawal of Request for Review.
    \12\ See Petitioners' Letter, ``Request for Administrative 
Review,'' dated September 30, 2020.
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Preliminary Determination of No Shipments

    On November 23, 2020, Goldenpalm submitted a no-shipment 
certification.\13\ To confirm Goldenpalm's no-shipment claim, on 
January 28, 2021, Commerce issued a no-shipment inquiry to U.S. Customs 
and Border Protection (CBP).\14\ CBP reported that it had no 
information to contradict Goldenpalm's no shipments claim during the 
POR.\15\
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    \13\ See Goldenpalm's Letter, ``Response to Q & V 
Questionnaire,'' dated November 23, 2020.
    \14\ See Memorandum, ``No Shipment Inquiry,'' dated January 28, 
2021.
    \15\ See Memorandum, ``No shipment inquiry with respect to the 
company below during the period 09/01/2019 through 08/30/2020'' 
dated March 12, 2021.
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    Given that Goldenpalm reported that it made no shipments of subject 
merchandise to the United States during the POR, and there is no 
information calling Goldenpalm's claim into question, we preliminarily 
determine that Goldenpalm did not have any reviewable transactions 
during the POR. Consistent with Commerce's practice, we will not 
rescind the review with respect to Goldenpalm but, rather, will 
complete the review and issue instructions to CBP based on the final 
results.\16\
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    \16\ Commerce determined to not 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

[[Page 54428]]

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/. A list of the topics discussed in the 
Preliminary Decision Memorandum is attached as an appendix to this 
notice.

Adverse Facts Available

    Sections 776(a)(1) and 776(a)(2) of the Act provide that Commerce 
shall, subject to section 782(d) of the Act, apply ``facts otherwise 
available'' if necessary information is not available on the record or 
if any other person: (A) Withholds information requested by Commerce; 
(B) fails to provide such information by the deadlines for submission 
of the information, or in the form and manner requested, subject to 
subsections (c)(1) and (e) of section 782 of the Act; (C) significantly 
impedes a proceeding; or (D) provides such information but the 
information cannot be verified as provided in section 782(i) of the 
Act. Pursuant to sections 776(a) and (b) of the Act, Commerce has 
preliminarily relied upon facts otherwise available with adverse 
inferences to determine the estimated weighted-average dumping margin 
for Magic International Pvt. Ltd. and Marisa International because they 
did not submit timely responses to Commerce's quantity and value 
questionnaire. We are preliminarily assigning to Magic International 
Pvt. Ltd. and Marisa International, as adverse facts available, the 
highest rate from the petition, which we have corroborated under 
section 776(c)(2) of the Act using the highest individual transaction-
specific margin calculated for Navneet. For a complete explanation of 
the analysis underlying the application of AFA, see the Preliminary 
Decision Memorandum.

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 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 {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

    As a result of this review, we preliminarily find the following 
weighted-average dumping margins for the period September 1, 2019 
through August 31, 2020.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Navneet Education Ltd.......................................       18.35
Lodha Offset Limited........................................       18.35
Pioneer Stationery Pvt. Ltd.................................       18.35
SGM Paper Products..........................................       18.35
Magic International Pvt. Ltd................................      215.93
Marisa International........................................      215.93
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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 a respondent's weighted-average dumping margin is 
not zero or de minimis (i.e., less than 0.5 percent) in the final 
results of this review, we will calculate importer-specific ad valorem 
antidumping duty assessment rates based on the ratio of the total 
amount of dumping calculated for an importer's examined sales and the 
total entered value of such sales in accordance with 19 CFR 
351.212(b)(1). Where either the respondent's weighted-average dumping 
margin is zero or de minimis within the meaning of 19 CFR 351.106(c), 
or an importer-specific rate is zero or de minimis, we will instruct 
CBP to liquidate the appropriate entries without regard to antidumping 
duties.
    Pursuant to Commerce's Automatic Assessment Clarification, for 
entries of subject merchandise during the POR produced by a respondent 
for which it did not know its merchandise was destined for the United 
States, Commerce will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\17\
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    \17\ See Automatic Assessment Clarification.
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    We intend 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).

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 respondent 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.\18\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \18\ See Order, 71 FR 56952.
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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.\19\ Interested 
parties may submit case briefs not later than 30 days after the date of 
publication of this notice in the Federal Register.\20\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than seven days after the

[[Page 54429]]

date for filing case briefs.\21\ 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.\22\ 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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    \19\ See 19 CFR 351.224(b).
    \20\ See 19 CFR 351.309(c)(1)(ii).
    \21\ 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).
    \22\ 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 Compliance, within 30 
days after the date of publication of this notice.\23\ 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, time, and 
location of the hearing two days before the scheduled date.
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    \23\ 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 double 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: September 27, 2021.
Christian Marsh,
Acting 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. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Companies Not Selected for Individual Examination
VII. Application of Facts Available and Adverse Inference
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation

[FR Doc. 2021-21404 Filed 9-30-21; 8:45 am]
BILLING CODE 3510-DS-P