Certain Lined Paper Products From India: Preliminary Results of Changed Circumstances Review, 21897-21899 [2014-08801]
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Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: April 11, 2014.
Paul Piquado,
Assistant Secretary, for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memo
1. Summary
2. Background
3. Scope Comments
4. Scope of the Investigation
5. Alignment
6. Respondent Selection
7. Injury Test
8. Application of Countervailing Duty Law to
Imports From the PRC
9. Subsidies Valuation
10. Benchmarks and Discount Rates
11. Use of Facts Otherwise Available and
Adverse Inferences
12. Analysis of Programs
13. Verification
14. Conclusion
[FR Doc. 2014–08932 Filed 4–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–843]
Certain Lined Paper Products From
India: Preliminary Results of Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 18, 2014.
SUMMARY: In response to a request from
Navneet Education Limited (Navneet
Education), a producer/exporter of
certain lined paper products (CLPP)
from India, and pursuant to section
751(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216
and 351.22l(c)(3)(ii), the Department is
issuing this notice of preliminary
results. We preliminarily determine that
Navneet Education is the successor-ininterest to Navneet Publications (India)
Ltd. (Navneet Publications). We invite
interested parties to comment on these
preliminary results.
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AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Cindy Robinson or Eric B. Greynolds,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3797 and (202) 482–6071,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, the
Department published the antidumping
duty (AD) and countervailing duty
(CVD) orders on CLPP from India.1 On
October 17, 2013, Navneet Education
informed the Department that effective
September 30, 2013, the former
company, Navneet Publications,
changed its name to Navneet Education
in accordance with company’s existing
board of directors’ resolution and Indian
law.2 Navneet Education stated that the
name change process began in August
2013 and was finalized by the end of
September 2013.3 Navneet Education
submitted a copy of ‘‘Fresh Certificate of
Incorporation Consequent upon Change
of Name’’ approved by ‘‘Government of
India—Ministry of Corporate Affairs,
Registrar of Companies, Maharashtra,
Mumbai,’’ dated October 17, 2013.4
As the company is now known as
Navneet Education, it requests that: (1)
The Department conduct a changed
circumstances review under section
751(b)(1) of the Act and 19 CFR 351.216
to determine that it is the successor-ininterest to Navneet Publications for
purposes of the antidumping order; and
(2) that the Department issue
instructions to Customs and Border
Protection (CBP) that reflect this
conclusion.5
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) (CLPP Order).
2 See Certain Lined Paper Products from India:
Request for Changed Circumstances Reviews of
Navneet Publications (India) Ltd. (October 17, 2013)
(CCR Request) at 2, 8 (indicating that Navneet
Publications participated as a respondent in the
original AD investigation, and it has been a
respondent in several AD administrative reviews,
most often as a named mandatory respondent (e.g.,
in the second through fourth reviews it received the
following company-specific margins of 1.34
percent, 0.43 percent, and 2.7 percent, respectively.
In the fifth review, Navneet Publications received
a non-selected rate of 11.01 percent. In the on-going
sixth review, it is again selected as a mandatory
respondent).
3 Id., at Attachment 1.
4 Id.
5 Id., at 1–2.
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21897
On January 14, 2014, the Department
initiated a changed circumstances
review explaining that while there was
sufficient evidence to initiate a
successor-in-interest review, it was
necessary for the Department to issue a
questionnaire requesting additional
information for review as provided by
19 CFR 351.221(b)(2).6 On January 15,
2014, the Department issued a
supplemental questionnaire to Navneet
Education, to which Navneet responded
on January 29, 2014.7
We received no comments from any
other interested party concerning the
changed circumstances review request
filed by Navneet Education.
Scope of the Order
The merchandise covered by the CLPP
Order 8 is certain lined paper products,
typically school supplies (for purposes
of this scope definition, the actual use
of or labeling these products as school
supplies or non-school supplies is not a
defining characteristic) composed of or
including paper that incorporates
straight horizontal and/or vertical lines
on ten or more paper sheets (there shall
be no minimum page requirement for
looseleaf filler paper). The products are
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.9
Methodology
In accordance with section 751(b)(1)
of the Act, we are conducting a changed
circumstances review based upon the
information contained in Navneet
Education’s submissions.10
6 See Certain Lined Paper Products from India:
Initiation of Changed Circumstances Review, 79 FR
3567, 3568 (January 22, 2014).
7 See Navneet Education’s January 29, 2014,
Supplemental Questionnaire Response.
8 See CLPP Order.
9 For a complete description of the Scope of the
Order, see the memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results of Changed Circumstances
Review: Certain Lined Paper Products from India’’
(Preliminary Decision Memorandum), dated
concurrently with these results and hereby adopted
by this notice. See, also, CLPP Order.
10 See CCR Request and Navneet Education Supp
QNR Response.
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Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices
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In making a successor-in-interest
determination, the Department
examines several factors, including but
not limited to, changes in: (1)
Management; (2) production facilities;
(3) supplier relationships; and (4)
customer base.11 While no single factor
or combination of these factors will
necessarily provide a dispositive
indication of a successor-in-interest
relationship, the Department will
generally consider the new company to
be the successor to the previous
company if the new company’s resulting
operation is not materially dissimilar to
that of its predecessor.12 Thus, if the
evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the former company, the Department
will accord the new company the same
antidumping treatment as its
predecessor.
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum.13
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit (CRU), room
7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
11 See, e.g., Pressure Sensitive Plastic Tape from
Italy: Preliminary Results of Antidumping Duty
Changed Circumstances Review, 75 FR 8925
(February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape From Italy: Final Results of
Antidumping Duty Changed Circumstances Review,
75 FR 27706 (May 18, 2010).
12 See e.g., Brake Rotors From the People’s
Republic of China: Final Results of Changed
Circumstances Antidumping Duty Administrative
Review, 70 FR 69941 (November 18, 2005), citing
Brass Sheet and Strip from Canada: Final Results
of Antidumping Duty Administrative Review, 57 FR
20460 (May 13, 1992).
13 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement & Compliance, ‘‘Decision
Memorandum for Preliminary Results of Changed
Circumstances Review: Certain Lined Paper
Products from India,’’ (Preliminary Decision
Memorandum) dated concurrently with this
Federal Register notice.
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16:54 Apr 17, 2014
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Preliminary Results of the Changed
Circumstances Review
Based on the evidence reviewed, we
preliminarily determine that Navneet
Education is the successor-in-interest to
Navneet Publications. Specifically, we
find that the change of the company
name from Navneet Publications to
Navneet Education resulted in no
significant changes to management,
production facilities, supplier
relationships, customer relationships, or
ownership/legal structure with respect
to the production and sale of the subject
merchandise. Thus, we preliminarily
determine that Navneet Education
operates as the same business entity as
Navneet Publications with respect to the
subject merchandise.
If the Department upholds these
preliminary results in the final results,
Navneet Education will retain the AD
deposit rate currently assigned to
Navneet Publications with respect to the
subject merchandise (i.e., the 11.01
percent cash deposit rate currently
assigned to Navneet Publications).
However, because cash deposits are
only estimates of the amount of
antidumping duties to be assessed,
changes in cash deposit rates are not
made retroactively.14 Therefore, no
retroactive change will be made to
Navneet Education’s cash deposit rate,
as Navneet Education requested.15 If
these preliminary results are adopted in
the final results of this changed
circumstances review, we will instruct
CBP to suspend liquidation of entries of
CLPP made by Navneet Education,
effective on the publication date of the
final results, at the cash deposit rate
assigned to Navneet Publications.
Public Comment
Interested parties may submit case
briefs and/or written comments not later
than 30 days after the date of
publication of this notice.16 Rebuttals to
written comments may be filed no later
than five days after the written
comments are filed.17 Parties who
submit case or rebuttal briefs are
encouraged to submit with each
argument: (1) A statement of the issue;
14 See Notice of Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp from
India, 77 FR 64953 (October 24, 2012); see also
Certain Hot-Rolled Lead and Bismuth Carbon Steel
Products From the United Kingdom: Final Results
of Changed-Circumstances Antidumping and
Countervailing Duty Administrative Reviews, 64 FR
66880 (November 30, 1999).
15 Navneet argued that the determination as
successor-in-interest should be made effective as of
the date of the name change, i.e., September 30,
2013. See CCR Request at 8.
16 See 19 CFR 351.309(c)(2).
17 See 19 CFR 351.309(d).
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(2) a brief summary of the argument;
and (3) a table of authorities. All
comments are to be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS) available to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit, Room 7046 of
the main Department of Commerce
building, and must also be served on
interested parties.18 An electronically
filed document must be received
successfully in its entirety by IA
ACCESS by 5:00 p.m. Eastern Standard
Time on the day it is due.19
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s IA
ACCESS system within 30 days after the
date of publication of this notice.20
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. Oral
presentations will be limited to issues
raised in the briefs. If a request for a
hearing is made, we will inform parties
of the scheduled date for the hearing
which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.21 Parties
should confirm by telephone the date,
time, and location of the hearing.
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
changed circumstances review no later
than 270 days after the date on which
this review was initiated, or within 45
days if all parties agree to our
preliminary finding.
We are issuing and publishing this
finding and notice in accordance with
sections 751(b)(l) and 777(i)(l) of the Act
and 19 CFR 351.216.
Dated: April 11, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results
V. Discussion of Methodology
18 See
19 CFR 351.303(b) and (f).
19 CFR 351.303(b).
20 See 19 CFR 351.310(c).
21 See 19 CFR 351.310.
19 See
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Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices
VI. Recommendation
[FR Doc. 2014–08801 Filed 4–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Manufacturing Extension Partnership
Advisory Board
National Institute of Standards
and Technology, Commerce.
ACTION: Notice of open meeting.
AGENCY:
The National Institute of
Standards and Technology (NIST)
announces that the Manufacturing
Extension Partnership (MEP) Advisory
Board will hold an open meeting on
Tuesday, May 20, 2014 from 8:30 a.m.
to 5:00 p.m. Eastern Time.
DATES: The meeting will be held
Tuesday, May 20, 2014, from 8:30 a.m.
to 5:00 p.m. Eastern Time.
ADDRESSES: The meeting will be held at
the NIST, 100 Bureau Drive,
Gaithersburg, MD 20899.
Please note admittance instructions in
the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT:
Karen Lellock, Manufacturing Extension
Partnership, National Institute of
Standards and Technology, 100 Bureau
Drive, Mail Stop 4800, Gaithersburg,
Maryland 20899–4800, telephone
number (301) 975–4269, email:
Karen.Lellock@nist.gov.
SUMMARY:
The MEP
Advisory Board (Board) is authorized
under Section 3003(d) of the America
COMPETES Act (Pub. L. 110–69);
codified at 15 U.S.C. 278k(e), as
amended, in accordance with the
provisions of the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App. The Board is composed of 10
members, appointed by the Director of
NIST. MEP is a unique program
consisting of centers across the United
States and Puerto Rico with
partnerships at the state, federal, and
local levels. The Board provides a forum
for input and guidance from Hollings
MEP program stakeholders in the
formulation and implementation of
tools and services focused on
supporting and growing the U.S.
manufacturing industry, provides
advice on MEP programs, plans, and
policies, assesses the soundness of MEP
plans and strategies, and assesses
current performance against MEP
program plans.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
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16:54 Apr 17, 2014
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Background information on the Board
is available at https://www.nist.gov/mep/
advisory-board.cfm.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., notice is hereby given that the
MEP Advisory Board will hold an open
meeting on Tuesday, May 20, 2014 from
8:30 a.m. to 5:00 p.m. Eastern Time.
This meeting will focus on (1) the MEP
Advisory Board’s final review of the
NIST MEP Strategic plan, including
discussion on measurement and
implementation of the plan, (2) updates
on NIST MEP Workforce initiatives and
(3) NIST MEP report on Board
recommendations. The final agenda will
be posted on the MEP Advisory Board
Web site at https://www.nist.gov/mep/
advisory-board.cfm.
Admittance Instructions: Anyone
wishing to attend this meeting should
submit their name, email address and
phone number to Karen Lellock
(Karen.lellock@nist.gov or 301–975–
4269) no later than Tuesday, May 13,
2014, 5:00 p.m. Eastern Time. Non-U.S.
citizens must submit additional
information; please contact Ms. Lellock.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
MEP Advisory Board’s business are
invited to request a place on the agenda.
Approximately 15 minutes will be
reserved for public comments at the
beginning of the meeting. Speaking
times will be assigned on a first-come,
first-served basis. The amount of time
per speaker will be determined by the
number of requests received but is likely
to be no more than three to five minutes
each. The exact time for public
comments will be included in the final
agenda that will be posted on the MEP
Advisory Board Web site as https://
www.nist.gov/mep/advisory-board.cfm.
Questions from the public will not be
considered during this period. Speakers
who wish to expand upon their oral
statements, those who had wished to
speak but could not be accommodated
on the agenda, and those who were
unable to attend in person are invited to
submit written statements to the MEP
Advisory Board, National Institute of
Standards and Technology, National
Institute of Standards and Technology,
100 Bureau Drive, Mail Stop 4800,
Gaithersburg, Maryland 20899–4800, or
via fax at (301) 963–6556, or
electronically by email to
karen.lellock@nist.gov.
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21899
Dated: April 10, 2014.
Phillip Singerman,
Associate Director for Innovation & Industry
Services.
[FR Doc. 2014–08903 Filed 4–17–14; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Certification
Requirements for NOAA’s
Hydrographic Product Quality
Assurance Program
National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before June 17, 2014.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to David B. Enabnit, (301) 713–
2770 x132, Dave.Enabnit@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
This request is for an extension of a
currently approved information
collection.
The National Oceanic and
Atmospheric Administration (NOAA)
was mandated to develop and
implement a quality assurance program
under which the Administrator may
certify privately-made hydrographic
products. The Administrator fulfilled
this mandate by establishing procedures
by which hydrographic products are
proposed for certification; by which
standards and compliance tests are
developed, adopted, and applied for
those products; and by which
certification is awarded or denied.
These procedures are at 15 CFR 996.
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]]>Agencies
[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 21897-21899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08801]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Preliminary Results of
Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 18, 2014.
SUMMARY: In response to a request from Navneet Education Limited
(Navneet Education), a producer/exporter of certain lined paper
products (CLPP) from India, and pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and
351.22l(c)(3)(ii), the Department is issuing this notice of preliminary
results. We preliminarily determine that Navneet Education is the
successor-in-interest to Navneet Publications (India) Ltd. (Navneet
Publications). We invite interested parties to comment on these
preliminary results.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Eric B. Greynolds,
AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-3797 and (202) 482-6071, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, the Department published the antidumping
duty (AD) and countervailing duty (CVD) orders on CLPP from India.\1\
On October 17, 2013, Navneet Education informed the Department that
effective September 30, 2013, the former company, Navneet Publications,
changed its name to Navneet Education in accordance with company's
existing board of directors' resolution and Indian law.\2\ Navneet
Education stated that the name change process began in August 2013 and
was finalized by the end of September 2013.\3\ Navneet Education
submitted a copy of ``Fresh Certificate of Incorporation Consequent
upon Change of Name'' approved by ``Government of India--Ministry of
Corporate Affairs, Registrar of Companies, Maharashtra, Mumbai,'' dated
October 17, 2013.\4\
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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)
(CLPP Order).
\2\ See Certain Lined Paper Products from India: Request for
Changed Circumstances Reviews of Navneet Publications (India) Ltd.
(October 17, 2013) (CCR Request) at 2, 8 (indicating that Navneet
Publications participated as a respondent in the original AD
investigation, and it has been a respondent in several AD
administrative reviews, most often as a named mandatory respondent
(e.g., in the second through fourth reviews it received the
following company-specific margins of 1.34 percent, 0.43 percent,
and 2.7 percent, respectively. In the fifth review, Navneet
Publications received a non-selected rate of 11.01 percent. In the
on-going sixth review, it is again selected as a mandatory
respondent).
\3\ Id., at Attachment 1.
\4\ Id.
---------------------------------------------------------------------------
As the company is now known as Navneet Education, it requests that:
(1) The Department conduct a changed circumstances review under section
751(b)(1) of the Act and 19 CFR 351.216 to determine that it is the
successor-in-interest to Navneet Publications for purposes of the
antidumping order; and (2) that the Department issue instructions to
Customs and Border Protection (CBP) that reflect this conclusion.\5\
---------------------------------------------------------------------------
\5\ Id., at 1-2.
---------------------------------------------------------------------------
On January 14, 2014, the Department initiated a changed
circumstances review explaining that while there was sufficient
evidence to initiate a successor-in-interest review, it was necessary
for the Department to issue a questionnaire requesting additional
information for review as provided by 19 CFR 351.221(b)(2).\6\ On
January 15, 2014, the Department issued a supplemental questionnaire to
Navneet Education, to which Navneet responded on January 29, 2014.\7\
---------------------------------------------------------------------------
\6\ See Certain Lined Paper Products from India: Initiation of
Changed Circumstances Review, 79 FR 3567, 3568 (January 22, 2014).
\7\ See Navneet Education's January 29, 2014, Supplemental
Questionnaire Response.
---------------------------------------------------------------------------
We received no comments from any other interested party concerning
the changed circumstances review request filed by Navneet Education.
Scope of the Order
The merchandise covered by the CLPP Order \8\ is certain lined
paper products, typically school supplies (for purposes of this scope
definition, the actual use of or labeling these products as school
supplies or non-school supplies is not a defining characteristic)
composed of or including paper that incorporates straight horizontal
and/or vertical lines on ten or more paper sheets (there shall be no
minimum page requirement for looseleaf filler paper). The products are
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.\9\
---------------------------------------------------------------------------
\8\ See CLPP Order.
\9\ For a complete description of the Scope of the Order, see
the memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of Changed Circumstances Review:
Certain Lined Paper Products from India'' (Preliminary Decision
Memorandum), dated concurrently with these results and hereby
adopted by this notice. See, also, CLPP Order.
---------------------------------------------------------------------------
Methodology
In accordance with section 751(b)(1) of the Act, we are conducting
a changed circumstances review based upon the information contained in
Navneet Education's submissions.\10\
---------------------------------------------------------------------------
\10\ See CCR Request and Navneet Education Supp QNR Response.
---------------------------------------------------------------------------
[[Page 21898]]
In making a successor-in-interest determination, the Department
examines several factors, including but not limited to, changes in: (1)
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\11\ While no single factor or combination of these
factors will necessarily provide a dispositive indication of a
successor-in-interest relationship, the Department will generally
consider the new company to be the successor to the previous company if
the new company's resulting operation is not materially dissimilar to
that of its predecessor.\12\ Thus, if the evidence demonstrates that,
with respect to the production and sale of the subject merchandise, the
new company operates as the same business entity as the former company,
the Department will accord the new company the same antidumping
treatment as its predecessor.
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\11\ See, e.g., Pressure Sensitive Plastic Tape from Italy:
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape From Italy: Final Results of Antidumping Duty
Changed Circumstances Review, 75 FR 27706 (May 18, 2010).
\12\ See e.g., Brake Rotors From the People's Republic of China:
Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 69941 (November 18, 2005), citing Brass
Sheet and Strip from Canada: Final Results of Antidumping Duty
Administrative Review, 57 FR 20460 (May 13, 1992).
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For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.\13\
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\13\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement & Compliance, ``Decision Memorandum for Preliminary
Results of Changed Circumstances Review: Certain Lined Paper
Products from India,'' (Preliminary Decision Memorandum) dated
concurrently with this Federal Register notice.
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The Preliminary Decision Memorandum is a public document and is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at https://iaaccess.trade.gov
and in the Central Records Unit (CRU), room 7046 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Changed Circumstances Review
Based on the evidence reviewed, we preliminarily determine that
Navneet Education is the successor-in-interest to Navneet Publications.
Specifically, we find that the change of the company name from Navneet
Publications to Navneet Education resulted in no significant changes to
management, production facilities, supplier relationships, customer
relationships, or ownership/legal structure with respect to the
production and sale of the subject merchandise. Thus, we preliminarily
determine that Navneet Education operates as the same business entity
as Navneet Publications with respect to the subject merchandise.
If the Department upholds these preliminary results in the final
results, Navneet Education will retain the AD deposit rate currently
assigned to Navneet Publications with respect to the subject
merchandise (i.e., the 11.01 percent cash deposit rate currently
assigned to Navneet Publications). However, because cash deposits are
only estimates of the amount of antidumping duties to be assessed,
changes in cash deposit rates are not made retroactively.\14\
Therefore, no retroactive change will be made to Navneet Education's
cash deposit rate, as Navneet Education requested.\15\ If these
preliminary results are adopted in the final results of this changed
circumstances review, we will instruct CBP to suspend liquidation of
entries of CLPP made by Navneet Education, effective on the publication
date of the final results, at the cash deposit rate assigned to Navneet
Publications.
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\14\ See Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012); see
also Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From
the United Kingdom: Final Results of Changed-Circumstances
Antidumping and Countervailing Duty Administrative Reviews, 64 FR
66880 (November 30, 1999).
\15\ Navneet argued that the determination as successor-in-
interest should be made effective as of the date of the name change,
i.e., September 30, 2013. See CCR Request at 8.
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Public Comment
Interested parties may submit case briefs and/or written comments
not later than 30 days after the date of publication of this
notice.\16\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\17\ Parties who submit
case or rebuttal briefs 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. All comments are to be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS) available to
registered users at https://iaaccess.trade.gov and in the Central
Records Unit, Room 7046 of the main Department of Commerce building,
and must also be served on interested parties.\18\ An electronically
filed document must be received successfully in its entirety by IA
ACCESS by 5:00 p.m. Eastern Standard Time on the day it is due.\19\
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\16\ See 19 CFR 351.309(c)(2).
\17\ See 19 CFR 351.309(d).
\18\ See 19 CFR 351.303(b) and (f).
\19\ See 19 CFR 351.303(b).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's IA ACCESS system within 30 days
after the date of publication of this notice.\20\ Requests should
contain the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. Oral
presentations will be limited to issues raised in the briefs. If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing which will be held at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and location to be determined.\21\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\20\ See 19 CFR 351.310(c).
\21\ See 19 CFR 351.310.
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Consistent with 19 CFR 351.216(e), we will issue the final results
of this changed circumstances review no later than 270 days after the
date on which this review was initiated, or within 45 days if all
parties agree to our preliminary finding.
We are issuing and publishing this finding and notice in accordance
with sections 751(b)(l) and 777(i)(l) of the Act and 19 CFR 351.216.
Dated: April 11, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results
V. Discussion of Methodology
[[Page 21899]]
VI. Recommendation
[FR Doc. 2014-08801 Filed 4-17-14; 8:45 am]
BILLING CODE 3510-DS-P
