[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28493-28495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09510]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Amended Final Results of 
Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending the 
final results of the administrative review of the antidumping duty 
order on certain lined paper products from India to correct one 
ministerial error. The period of review (POR) is September 1, 2020, 
through August 31, 2021.

DATES: Applicable May 4, 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 April 12, 2023, the Commerce published its Final Results of the 
2020-2021 administrative review of the antidumping duty order on 
certain lined paper products from India.\1\ On April 11, 2023, Commerce 
disclosed its calculations to interested parties and provided 
interested parties with the opportunity to submit ministerial error 
comments.\2\ On April 20, 2023, the Association of American School 
Paper Suppliers and its individual members (the petitioners) timely 
submitted ministerial error comments regarding Commerce's Final 
Results.\3\ Commerce is amending its Final Results to correct a 
ministerial error alleged by the petitioners.
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    \1\ See Certain Lined Paper Products from India: Final Results 
of Antidumping Duty Administrative Review and Final Determination of 
No Shipments; 2020-2021, 88 FR 21971 (April 12, 2023) (Final 
Results).
    \2\ See Memoranda, ``Deadline for Ministerial Error Comments for 
the Final Results,'' dated April 11, 2023; and ``Extension of 
Deadline for Ministerial Error Comments,'' dated April 14, 2023.
    \3\ See Petitioners' Letter, ``Ministerial Error Comments,'' 
dated April 20, 2023.
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Legal Framework

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the {Commerce{time}  considers 
ministerial.'' \4\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any ministerial error by 
amending . . . the final results of review . . . .''
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    \4\ See 19 CFR 351.224(f).
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Ministerial Errors

    In the final results of the review, Commerce made an inadvertent 
error within the meaning of section 751(h) of the Act and 19 CFR 
351.224(f) with respect to standardizing the variable length for the 
product characteristic variables in Cellpage Ventures Private Limited's 
(Cellpage) sales and cost databases. Accordingly, Commerce determines 
that, in accordance with section 751(h) of the Act and 19 CFR 
351.224(f), it made a ministerial error in the Final Results.
    For a complete description and analysis of the specific inadvertent 
error, and the petitioners' ministerial error allegation, see the 
accompanying Ministerial Error Allegation Memorandum.\5\ The 
Ministerial Error Allegation 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.
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    \5\ See Memorandum, ``Ministerial Error Allegation,'' dated 
concurrently with this notice (Ministerial Error Allegation 
Memorandum).
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    Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Results to reflect the correction of this ministerial error in the 
calculation of the weighted-average dumping margin assigned to Cellpage 
in the Final Results, which changes from 2.63 percent to 3.21 
percent.\6\ Furthermore, we are revising the review-specific, weighted-
average dumping margin applicable to the companies not selected for 
individual examination in this administrative review, which is based on 
Cellpage's weighted-average dumping margin.\7\
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    \6\ Id.; see also Final Results, 88 FR at 21972.
    \7\ We assigned Cellpage's rate to the non-selected companies 
because it was the only individually calculated weighted-average 
dumping margin, which is not zero, de minimis, or determined 
entirely on the basis of facts available. See Final Results, 88 FR 
at 21971.
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    In addition to the ministerial error described above, we are also 
including SGM Paper Products among the companies not selected for 
individual examination in these amended final results. SGM Paper 
Products was inadvertently excluded from the list of companies not 
selected for individual examination in the Final Results.\8\
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    \8\ 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 at 60652 (October 6, 2022); see 
also Final Results, 88 FR at 21972.

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[[Page 28494]]

Amended Final Results of Review

    As a result of correcting this ministerial error, Commerce 
determines that, for the period September 1, 2020, through August 31, 
2021, the following weighted-average dumping margins exist:
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    \9\ The weighted-average dumping margin for Navneet Education 
Ltd remains unchanged from the Final Results. See Final Results, 88 
FR at 21972.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
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Cellpage Ventures Private Limited.......................            3.21
Navneet Education Ltd \9\...............................            0.00
Goldenpalm Manufacturers PVT Limited....................            3.21
ITC Limited-Education and Stationery Products Business              3.21
 \10\...................................................
Lotus Global Private Limited............................            3.21
Pioneer Stationery Pvt. Ltd.............................            3.21
PP Bafna Ventures Private Limited.......................            3.21
SGM Paper Products......................................            3.21
Magic International Pvt. Ltd \11\.......................          215.93
Marisa International \12\...............................          215.93
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Disclosure
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    \10\ The correct name of the company is ITC Limited-Education 
and Stationery Products Business. Commerce has previously 
incorrectly referred to this company as ITC Limited-Education and 
Stationary Products Business.
    \11\ The weighted-average dumping margin for Magic International 
Pvt. Ltd remains unchanged from the Final Results. See Final 
Results, 88 FR at 21972.
    \12\ The weighted-average dumping margin for Marisa 
International remains unchanged from the Final Results. See Final 
Results, 88 FR at 21972.
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    We intend to disclose the calculations performed for these amended 
final results to parties in this review within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these amended final 
results of the administrative review.
    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of its U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. Where the respondent 
did not report entered value, we calculated the entered value in order 
to calculate the assessment rate. 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 rate is zero 
or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
    For the companies that were not selected for individual 
examination, we will assign an assessment rate based on the cash 
deposit rates calculated for the mandatory respondents in this review, 
i.e., Cellpage and Navneet Education Ltd, excluding any rates that are 
zero, de minimis, or determined entirely based on facts available. For 
the non-selected respondents listed above, the amended final results of 
this review shall be the basis for the assessment of antidumping duties 
on entries of merchandise covered by the amended final results of this 
review and for future deposits of estimated duties, where 
applicable.\13\
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    \13\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by companies included in 
these amended final results of review for which the individually-
examined companies did not know that the merchandise they sold to the 
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 amended 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 
retroactively for all shipments of subject merchandise that entered, or 
were withdrawn from warehouse, for consumption on or after April 12, 
2023, the date of publication of the Final Results of this 
administrative review, as provided for by section 751(a)(2)(C) of the 
Act: (1) the cash deposit rate for the companies listed above will be 
equal to the weighted-average dumping margin established in these 
amended final results of review; (2) for 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 or 
another completed segment of this proceeding, 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 
merchandise; and (4) if neither the exporter nor the producer is a firm 
covered in this or any previously completed segment of this proceeding, 
then the cash deposit rate will be the all-others rate of 3.91 percent 
established in the less-than-fair-value investigation.\14\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \14\ 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).
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Notification to Importers

    This notice also 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 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 occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 return or destruction of APO materials 
or conversion to judicial

[[Page 28495]]

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

    The amended final results and notice are issued and published in 
accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-09510 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P