[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60650-60653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21771]


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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; 2020-
2021

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

SUMMARY: The U.S. 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, 2020, through August 31, 2021. We preliminarily find that 
Cellpage Ventures Private Limited (Cellpage) made sales of subject 
merchandise at less than normal value during the POR and Navneet 
Education Ltd. (Navneet) did not. Finally, we are also rescinding this 
review with respect to four companies. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable October 6, 2022.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or Jolanta Lawska, 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 or (202) 
482-8362, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 28, 2006, Commerce published the Order in the Federal 
Register.\1\ On November 5, 2021, 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 2, 2022, we extended the 
deadline for the preliminary results to September 30, 2022.\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, 86 FR 61121 (November 5, 2021) (Initiation 
Notice).
    \3\ See Memorandum, ``Certain Lined Paper Products from India: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021,'' dated May 2, 2022.

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[[Page 60651]]

    Commerce initiated this administrative review covering the 
following seventeen companies: Cellpage; Dinakar Process Private 
Limited (Dinakar); Goldenpalm Manufacturers PVT Limited; ITC Limited-
Education and Stationery Products Business; JC Stationery (P) Ltd (JC 
Stationery); Kokuyo Riddhi Paper Products Pvt. Ltd. (Kokuyo); Lodha 
Offset Limited (Lodha); Lotus Global Private Limited (Lotus Global); M/
s. Bhaskar Paper Products (Bhaskar); Magic International Pvt. Ltd. 
(Magic); Marisa International; Navneet; Pioneer Stationery Private 
Limited (Pioneer); PP Bafna Ventures Private Limited; SAB 
International; SGM Paper Products (SGM); and Super Impex.\4\ On 
December 20, 2021, the Association of American School Paper Suppliers 
and its individual members (the petitioners), timely withdrew their 
request for review of Kokuyo, Lodha, Pioneer, SAB International, SGM, 
and Super Impex.\5\ No other parties requested a review of Kokuyo, 
Lodha, SAB International, and Super Impex. Pioneer and SGM requested an 
administrative review with respect to themselves.\6\ As detailed below, 
we are rescinding the review, in part, with respect to Kokuyo, Lodha, 
SAB International, and Super Impex. This review covers two mandatory 
respondents, Cellpage and Navneet. The other eleven companies were not 
selected for individual examination and remain subject to this 
administrative review.
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    \4\ See Initiation Notice, 86 FR at 61123.
    \5\ See Petitioners' Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated December 20, 2021 (Petitioners' 
Withdrawal of Request for Review).
    \6\ See Pioneer's Letter, ``Request for Administrative Review of 
Anti-Dumping Duty of Pioneer Stationery Private Limited,'' dated 
September 30, 2021 (Pioneer's Request for Review); see also SGM's 
Letter, ``Request for Administrative Review of Anti-Dumping Duty of 
SGM Paper Products,'' dated September 30, 2021 (SGM's Request for 
Review).
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\7\ 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain Lined 
Paper Products from India; 2020-2021,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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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 subheadings are provided for 
convenience and customs purposes, the written product description 
remains dispositive. For a full description of the scope of the Order, 
see the Preliminary Decision Memorandum.\8\
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    \8\ Id.
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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 December 20, 2021, the petitioners timely withdrew their 
request for reviews of Kokuyo, Lodha, Pioneer, SAB International, SGM, 
and Super Impex.\9\ Because there are still active review requests for 
Pioneer and SGM, we are not rescinding the review with respect to these 
companies.\10\ 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, in part, with respect to Kokuyo, 
Lodha, SAB International, and Super Impex, pursuant to 19 CFR 
351.213(d)(1) and (4).
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    \9\ See Petitioners' Withdrawal of Request for Review.
    \10\ See Pioneer's Request for Review; and SGM's Request for 
Review.
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Preliminary Determination of No Shipments

    On December 3, 2021, Bhaskar, Dinakar, and JC Stationery submitted 
no-shipment certifications.\11\ On November 22, 2021, Lodha submitted a 
response to Commerce's quantity and value questionnaire which indicated 
that the company had no shipments during the POR.\12\ To confirm the 
no-shipment claims by Bhaskar, Dinakar, JC Stationery, and Lodha, on 
December 16, 2021, Commerce issued no-shipment inquiries to U.S. 
Customs and Border Protection (CBP).\13\ CBP reported that it had no 
information to contradict the no-shipment claims of Bhaskar, Dinakar, 
JC Stationery, and Lodha during the POR.\14\
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    \11\ See Bhaskar's Letter, ``Certification of No Sales, 
Shipments, or Entries,'' dated December 3, 2021; see also Dinakar's 
Letter, ``Certification of No Sales, Shipments, or Entries,'' dated 
December 3, 2021; and JC Stationery's Letter, ``Certification of No 
Sales, Shipments, or Entries,'' dated December 3, 2021.
    \12\ See Lodha's Letter, ``Response to Quantity & Value 
Questionnaire,'' dated November 22, 2021.
    \13\ See Memorandum, ``No Shipment Inquiries,'' dated December 
17, 2021.
    \14\ See Memorandum, ``CBP Response to No Shipment Inquiries,'' 
dated December 20, 2021.
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    Given that Bhaskar, Dinakar, JC Stationery, and Lodha reported that 
they made no shipments of subject merchandise to the United States 
during the POR, and there is no information calling these companies' 
claims into question, we preliminarily determine that Bhaskar, Dinakar, 
JC Stationery, and Lodha did not have any reviewable transactions 
during the POR. As noted above, on December 20, 2021, the petitioners 
timely withdrew their request for a review of Lodha, and because no 
other parties requested a review of Lodha, we are rescinding the review 
with respect to Lodha. With respect to Bhaskar, Dinakar, and JC 
Stationery, consistent with Commerce's practice, we will not rescind 
the review regarding these companies but, rather, will complete the 
review and issue instructions to CBP based on the final results of this 
review.\15\
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    \15\ 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) (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. A list of the topics discussed in the Preliminary Decision 
Memorandum is included as the appendix to this notice.

[[Page 60652]]

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 and Marisa International because they did not submit timely 
responses to Commerce's quantity and value questionnaire. We are 
preliminarily assigning to Magic and Marisa International, as adverse 
facts available, a dumping margin of 215.93 percent. Commerce is not 
required to corroborate any dumping margin applied in a separate 
segment of the same proceeding.\16\ Because the 215.93 percent rate was 
applied in a separate segment of this proceeding,\17\ Commerce does not 
need to corroborate the rate in this review. For a complete explanation 
of the analysis underlying the application of adverse facts available, 
see the Preliminary Decision Memorandum.
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    \16\ See section 776(c)(2) of the Act.
    \17\ See Certain Lined Paper Products from India: Final Results 
of Antidumping Duty Administrative Review and Final Determination of 
No Shipments; 2019- 2020, 87 FR 17989, 17990 (March 29, 2022).
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Rate for Non-Selected Respondents

    For the rate for companies not selected for individual examination 
in an administrative review, generally, Commerce looks for guidance in 
administrative reviews to section 735(c)(5) of the Act, which provides 
instructions for calculating the all-others rate in a less-than-fair-
value 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} .'' Where the dumping margins for 
individually examined respondents are all zero, de minimis, or based 
entirely on facts available, section 735(c)(5)(B) of the Act provides 
that Commerce may use ``any reasonable method to establish the 
estimated all-others rate for exporters and producers not individually 
investigated, including averaging the estimated weighted-average 
dumping margins determined for the exporters and producers individually 
investigated.''
    In this segment of the proceeding, we calculated a margin for 
Cellpage that was not zero, de minimis, or based on facts available. 
Accordingly, we have preliminarily applied the margins for Cellpage to 
the non-individually examined respondents.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period September 1, 2020, through 
August 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Cellpage Ventures Private Limited...........................       11.43
Navneet Education Ltd.......................................        0.00
Goldenpalm Manufacturers PVT Limited........................       11.43
ITC Limited-Education and Stationary Products Business......       11.43
Lotus Global Private Limited................................       11.43
Pioneer Stationery Pvt. Ltd.................................       11.43
PP Bafna Ventures Private Limited...........................       11.43
SGM Paper Products..........................................       11.43
Magic International Pvt. Ltd................................      215.93
Marisa International........................................      215.93
------------------------------------------------------------------------

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.\18\
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    \18\ See Automatic Assessment Clarification.
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    Should we continue to apply facts available with an adverse 
inference to Magic and Marisa International in the final results, we 
will instruct CBP to apply an assessment rate equal to the dumping 
margin of 215.93 percent, as indicated above, to all entries produced 
and/or exported by Magic and Marisa International. The assessment rate 
for antidumping duties for each of the companies not selected for 
individual examination will be equal to the weighted-average dumping 
margin identified in the final results of review.
    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 this 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 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 review; (2) for merchandise 
exported by producers or exporters not covered in this 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.\19\ These cash

[[Page 60653]]

deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \19\ See Order, 71 FR 56952.
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Verification

    On February 14, 2022, the petitioners requested that Commerce 
conduct verification of Navneet's responses.\20\ Accordingly, as 
provided in section 782(i)(3) of the Act, Commerce intends to verify 
the information relied upon in determining its final results.
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    \20\ See Petitioners' Letter, ``Request for Verification,'' 
dated February 14, 2022.
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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.\21\ Interested 
parties may submit case briefs not later than seven days after the date 
on which the last verification report is issued in this administrative 
review. 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.\22\ 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.\23\ All briefs must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety by the established deadline. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\24\
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    \21\ See 19 CFR 351.224(b).
    \22\ 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).
    \23\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
    \24\ See Temporary Rule.
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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.\25\ 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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    \25\ 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 preliminary results of review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 
CFR 351.213(h)(1).

    Dated: September 30, 2022.
Lisa W. Wang,
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. 2022-21771 Filed 10-5-22; 8:45 am]
BILLING CODE 3510-DS-P