[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21971-21972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07623]



[[Page 21971]]

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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; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Cellpage Ventures Private Limited (Cellpage) made sales of certain 
lined paper products from India at prices below normal value, and 
Navneet Education Ltd. (Navneet) did not, during the period of review 
(POR) September 1, 2020, through August 31, 2021.

DATES: Applicable April 12, 2023.

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 October 6, 2022, Commerce published the Preliminary Results for 
this review in the Federal Register and invited interested parties to 
comment on those results.\1\ For a summary of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See 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, 87 FR 60650 (October 6, 2022) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Certain Lined Paper from India; 2020-2021,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order \3\
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    \3\ 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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    The products covered by this Order are certain lined paper products 
from India. For a complete description of the scope, see the Issues and 
Decision Memorandum.

Final Determination of No Shipments

    As noted in the Preliminary Results, we received no-shipment claims 
from Dinakar Process Private Limited (Dinakar), JC Stationery (P) Ltd 
(JC Stationery), and M/s. Bhaskar Paper Products (Bhaskar), and we 
preliminarily determined that Dinakar, JC Stationery, and Bhaskar had 
no shipments during the POR.\4\ Following the publication of the 
Preliminary Results, we received no comments from interested parties 
regarding Dinakar, JC Stationery, and Bhaskar, nor has any party 
submitted record evidence which would call our preliminary 
determinations of no shipments for these three companies into question. 
Therefore, for the final results, we continue to find that Dinakar, JC 
Stationery, and Bhaskar 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 Dinakar, JC Stationery, and 
Bhaskar, 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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    \4\ See Preliminary Results, 87 FR at 60651.
    \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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Application of Adverse Facts Available

    For these final results, we continue to find that Magic 
International Pvt. Ltd. and Marisa International withheld information 
requested by Commerce, failed to provide the requested information in a 
timely manner, and significantly impeded the proceeding, warranting a 
determination on the basis of the facts available under section 776(a) 
of the Act. Therefore, we continue to find that Magic International 
Pvt. Ltd. and Marisa International have not acted to the best of their 
ability and the application of adverse facts available, pursuant to 
section 776(b) of the Act, is warranted. No parties submitted comments 
regarding our preliminary determination to apply adverse facts 
available to Magic International Pvt. Ltd. and Marisa International.

Rates for Companies Not Selected for Individual Examination

    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, 
for the companies not selected for individual review, we calculated a 
rate for Cellpage only which is not zero, de minimis, or determined 
entirely on adverse facts available. Accordingly, Commerce is assigning 
Cellpage's rate to companies not selected for individual examination, 
which are listed below.

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 and Decision Memorandum 
is attached at Appendix I to this notice. 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the margin calculation for Cellpage. For a discussion of 
these changes, see the Issues and Decision Memorandum.\6\
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    \6\ See Issues and Decision Memorandum at Comment 1.
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Final Results of the Review

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

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------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Cellpage Ventures Private Limited.......................            2.63
Navneet Education Ltd...................................            0.00
Goldenpalm Manufacturers PVT Limited....................            2.63
ITC Limited-Education and Stationary Products Business..            2.63
Lotus Global Private Limited............................            2.63
Pioneer Stationery Pvt. Ltd.............................            2.63
PP Bafna Ventures Private Limited.......................            2.63
Magic International Pvt. Ltd............................          215.93
Marisa International....................................          215.93
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results to interested parties in this review under administrative 
protective order within five days after the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b). 
Because there were no changes to Navneet's calculations for the final 
results, we do not have revised calculations to disclose for Navneet.

Assessment Rate

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. Pursuant to 19 CFR 
351.212(b)(1), for Cellpage and Navneet, we calculated importer-
specific antidumping duty assessment rates by aggregating the total 
amount of dumping calculated for the examined sales of each importer 
and dividing each of these amounts by the total entered value 
associated with those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific assessment rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR for which the examined companies did 
not know that the merchandise they sold to an intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we 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.
    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered entered, or withdrawn from 
warehouse, for consumption on or after the date of the final results of 
this administrative review, as provided for by section 751(a)(2)(C) of 
the Act: (1) the cash deposit rates for the companies identified above 
in the ``Final Results of Review'' section will be equal to the 
company-specific weighted-average dumping margin established in the 
final results of this administrative review; for merchandise exported 
by a company not covered in this administrative review but covered in a 
completed 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 or completed prior segment of this 
proceeding but the producer is, the cash deposit rate will be the 
company-specific 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 of this proceeding.\7\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \7\ See 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. 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: April 4, 2023.
Abdelali Elouaradia,
Deputy 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 Use Cellpage's Largest Third 
Country Market, Afghanistan, to Calculate Normal Value
    Comment 2: Whether Commerce Should Include Certain Expenses in 
Cellpage's General and Administrative (G&A) Expense Ratio
    Comment 3: Whether Commerce Should Include Certain Expenses from 
Affiliated Service Providers in Navneet's G&A Expenses
    Comment 4: Whether Commerce Should Allocate Navneet Trust's 
Expenses to Navneet's G&A Expenses
    Comment 5: Whether Navneet's E-Commerce Sales Were Made at the 
Same Level of Trade as its Home Market Sales in Channels Two, Three, 
Four, and Five
V. Recommendation

[FR Doc. 2023-07623 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P