[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26127-26129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07904]


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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; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that ITC 
Limited made sales of subject merchandise in the United States at 
prices below normal value (NV), and Navneet Education Ltd. (Navneet) 
did not, during the period of review (POR) September 1, 2021, through 
August 31, 2022.

DATES: Applicable April 15, 2024.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or Katherine Sliney, 
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) 482-2437, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 5, 2023, 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; and Preliminary 
Determination of No Shipments; 2021-2022, 88 FR 69125 (October 5, 
2023) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Decision Memorandum for the Final Results 
of Antidumping Duty Administrative Review: Certain Lined Paper 
Products from India; 2021-2022,'' 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 JC Stationery and Bhaskar had no 
shipments during the POR.\4\
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    \4\ See Preliminary Results, 88 FR at 69126.
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    Information on the record regarding U.S. Custom and Border 
Protection (CBP) entry data showed that Dinakar had suspended entries 
into the United States.\5\ Additionally, CBP reported information that 
contradicted Dinakar's no-shipment claim.\6\ Prior to the Preliminary 
Results, Commerce requested that Dinakar and ITC Limited \7\ correct 
customs entry forms that Dinakar and ITC Limited claim were filed 
incorrectly.\8\ Commerce preliminarily determined that the record did 
not support a finding of no shipments for Dinakar.\9\
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    \5\ See Commerce's Letter dated April 3, 2023 (ACCESS barcode 
4361597-01); see also Memorandum, ``Respondent Selection,'' dated 
February 6, 2023, at Attachment.
    \6\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Information Relating to December 22, 2022 Entry Document 
Request,'' dated January 17, 2023.
    \7\ Commerce noted in the Preliminary Results that we initiated 
this review on ``ITC Limited-Education and Stationery Products 
Business'' (ITC-ESPB), but record evidence indicates that ITC-ESPB 
is not a company but is merely a department of ITC Limited. 
Accordingly, ITC Limited is the entity subject to this review, not 
ITC-ESPB. There is no additional information on this record or 
arguments from parties following the Preliminary Results that would 
lead Commerce to reevaluate this determination.
    \8\ See Commerce's Letter dated March 9, 2023 (ACCESS barcode 
4351661-01).
    \9\ See Preliminary Results, 88 FR at 69125.
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    Following the Preliminary Results, Commerce again requested that 
Dinakar and ITC Limited provide information that the entry 
documentation that the parties claimed incorrectly listed Dinakar as 
the exporter or manufacturer of entries into the United States during 
the POR was revised.\10\ Dinakar and ITC Limited were unable to 
demonstrate that the entry documents were revised to remove Dinakar as 
the exporter of subject entries into the United States during the 
POR.\11\ Accordingly,

[[Page 26128]]

Commerce determines that the record does not support a finding of no 
shipments for Dinakar.
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    \10\ See Commerce's Letters, ``Supplemental Questionnaire,'' 
dated November 3, 2023. (There were letters with identical titles 
issued separately to Dinakar and to ITC Limited on this date.)
    \11\ See Issues and Decision Memorandum at Comment 2.
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    Following the publication of the Preliminary Results, we received 
no comments from interested parties regarding JC Stationery and 
Bhaskar, nor has any party submitted record evidence which would call 
our preliminary determinations of no shipments for these two companies 
into question. Therefore, for the final results, we continue to find 
that JC Stationery and Bhaskar had no shipments of subject merchandise 
during the POR. Accordingly, consistent with Commerce's practice, we 
intend to instruct CBP to liquidate any existing entries of merchandise 
produced by JC Stationery and Bhaskar, but exported by other parties, 
at the rate for the intermediate reseller, if available, or at the all-
others rate.\12\
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    \12\ 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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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, because the rate calculated for 
Navneet is zero, we have assigned a dumping margin to the companies not 
selected for individual review based on the weighted-average dumping 
margin calculated for ITC Limited.

Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is included in the 
appendix 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

    We made no changes to the Preliminary Results based on comments 
from interested parties.

Final Results of the Review

    As a result of this administrative review, Commerce determines that 
the following estimated weighted-average dumping margins exist for the 
period, September 1, 2021, through August 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
ITC Limited.................................................       23.16
Navneet Education Ltd.......................................        0.00
Cellpage Ventures Private Limited...........................       23.16
Dinakar Process Private Limited.............................       23.16
Lotus Global Private Limited................................       23.16
Pioneer Stationery Private Limited..........................       23.16
PP Bafna Ventures Private Limited...........................       23.16
SGM Paper Products..........................................       23.16
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Disclosure

    Normally, Commerce will disclose to interested parties the 
calculations performed in connection with the final results of review 
withing five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b). 
However, because we have made no changes to the Preliminary Results, 
there are no new calculations to disclose.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
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 ITC 
Limited and Navneet Education Ltd., 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.
    Further, 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 above in the ``Final Results 
of the Review.'' 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 for estimated antidumping 
duties will be effective 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 rates 
for the companies identified above in the ``Final Results of the 
Review'' section will be equal to the company-specific weighted-average 
dumping margin established in the final results of this administrative 
review; (2) 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 in the 
completed segment for the most recent

[[Page 26129]]

period for the producer of the merchandise; and (4) the cash deposit 
rate for all other producers or exporters will continue to be 3.91 
percent ad valorem, the all-others rate established in the 
investigation of this proceeding.\13\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \13\ 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 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 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 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 or 
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: March 28, 2024.
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. Discussion of the Issues
    Comment 1: 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
    Comment 2: Whether Commerce Should Continue to Find Dinakar 
Process Private Limited Subject to this Review
V. Recommendation

[FR Doc. 2024-07904 Filed 4-12-24; 8:45 am]
BILLING CODE 3510-DS-P