Notice of Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination: Certain Lined Paper Products from India, 45034-45037 [E6-12809]
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices
know their merchandise was destined
for the United States. In such instances,
the Department 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. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
jlentini on PROD1PC65 with NOTICES
The following deposit rates will be
effective upon publication of the final
results of this administrative review for
all shipments of rebar from Latvia
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(1) of the Act: (1) The cash deposit
rate listed above for LM will be the rate
established in the final results of this
review, except if a rate is less than 0.5
percent, and therefore de minimis, the
cash deposit will be zero; (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company–specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the less–than-fair–value
(LTFV) investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
conducted by the Department, the cash
deposit rate will be 17.21 percent, the
‘‘All Others’’ rate established in the
LTFV investigation. These cash deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entities during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
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BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(C–533–844)
Cash Deposit Requirements
VerDate Aug<31>2005
Dated: August 1, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–12865 Filed 8–7–06; 8:45 am]
Jkt 208001
Notice of Final Affirmative
Countervailing Duty Determination and
Final Negative Critical Circumstances
Determination: Certain Lined Paper
Products from India
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: We determine that
countervailable subsidies are being
provided to producers and exporters of
certain lined paper products from India.
For information on the estimated
subsidy rates, see the ‘‘Suspension of
Liquidation’’ section of this notice.
Moreover, we determine that critical
circumstances do not exist with regard
to exports of CLPP from India. See the
‘‘Critical Circumstances’’ section below.
EFFECTIVE DATE: August 8, 2006.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak, AC/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, Room
4012, 14th Street and Constitution
Avenue, N.W., Washington, D.C. 20230;
Telephone: 202–482–2209.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This investigation covers 12 programs
and the following manufacturer/
exporters: Aero Exports (Aero), Kejriwal
Exports, a division of Kejriwal Paper
Limited (Kejriwal), and Navneet
Publications India Ltd. (Navneet).
On February 15, 2006, the Department
of Commerce (the Department)
published in the Federal Register its
preliminary affirmative determination
in the countervailing duty investigation
of certain lined paper products from
India. See Notice of Preliminary
Affirmative Countervailing Duty
Determination and Preliminary Negative
Critical Circumstances Determination:
Certain Lined Paper Products from
India, 71 FR 7196 (February 15, 2006)
(Preliminary Determination).
We invited interested parties to
comment on the Preliminary
Determination. On June 14, 2006, we
received comments from petitioners and
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respondents.1 On June 19, 2006, we
received rebuttal comments from
petitioners and respondents.
Period of Investigation
The period of investigation (POI) is
April 1, 2004, through March 31, 2005.
Critical Circumstances
As explained in the Preliminary
Determination, petitioners requested
that, pursuant to 19 CFR 351.206, the
Department make an expedited finding
that critical circumstances exist with
respect to imports of lined paper
products from India. In the Preliminary
Determination, we determined that
critical circumstances did not exist. See
Preliminary Determination, 71 FR at
7917. For purposes of this final
determination, we continue to find that
critical circumstances do not exist as
petitioners’ allegation does not provide
a sufficient factual basis for making an
affirmative finding. See Memorandum
to Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration,
from: Melissa G. Skinner, Director,
Operations, Office 3: Final Negative
Critical Circumstances Determination,
(July 31, 2006) (publicly on file in the
Central Records Unit (CRU), Room B–
099 of the main building of the
Commerce Department).
Scope of the Investigation
For scope information, see Appendix
I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation are addressed in the
‘‘Issues and Decision Memorandum’’
(Decision Memorandum) dated July 31,
2006, which is hereby adopted by this
notice. A list of issues that parties have
raised and to which we have responded,
all of which are in the Decision
Memorandum, is attached to this notice
as Appendix II. Parties can find a
complete discussion of all issues raised
in this investigation and the
corresponding recommendations in this
public memorandum, which is on file in
the CRU. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the World
Wide Web at https://ia.ita.doc.gov/frn.
The paper copy and electronic version
of the Decision Memorandum are
identical in content.
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i)(I) of the Tariff Act fo 1930
1 Petitioners are the Association of American
School Paper Suppliers.
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices
(as amended) (the Act), we have
calculated individual rates for the
companies under investigation. For the
period April 1, 2004, through March 31,
2005, we determine the net subsidy
rates for the investigated companies are
as follows:
Producer/Exporter
Net Subsidy Rate
jlentini on PROD1PC65 with NOTICES
Aero Exports (Aero) .......................................................................................................................................
Kejriwal Exports, a division of Kejriwal Paper Limited (Kejriwal) ..................................................................
Navneet Publications India Ltd. (Navneet) ....................................................................................................
All Others Rate ..............................................................................................................................................
To calculate the ‘‘All Others’’ rate, we
weight averaged the individual rates of
Aero, Kejriwal, and Navneet by each
company’s respective sales of subject
merchandise made to the United States
during the POI, pursuant to section
705(c)(5)(A) of the Act.
In accordance with our preliminary
affirmative determination, we instructed
U.S. Customs and Border Protection
(CBP) to suspend liquidation of all
entries of certain lined paper products
from India, which were entered or
withdrawn from warehouse, for
consumption on or after February 15,
2006, the date of the publication of our
Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, we instructed
the CBP to discontinue the suspension
of liquidation for merchandise entered
on or after June 15, 2006, but to
continue the suspension of liquidation
of entries made between February 15,
2006, and June 14, 2006.
With the exception of Kejriwal, we
will reinstate suspension of liquidation
under section 706(a) of the Act for all
entries if the International Trade
Commission (ITC) issues a final
affirmative injury determination and
will require a cash deposit of estimated
countervailing duties for such entries of
merchandise in the amounts indicated
above. Because we have determined that
Kejriwal’s net subsidy rate is de
minimis, we will direct CBP to
terminate the suspension of liquidation
for Kejriwal’s shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after February 15, 2006, the publication
date of the Preliminary Determination,
and to release any bond or other
security, and refund any cash deposit.
If the ITC determines that material
injury, or threat of material injury, does
not exist, this proceeding will be
terminated and all estimated duties
deposited or securities posted as a result
of the suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
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20:06 Aug 07, 2006
Jkt 208001
making available to the ITC all non–
privileged and non–proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided that
the ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Import
Administration.
If the ITC determines that material
injury, or threat of material injury, does
not exist, these proceedings will be
terminated. If however, the ITC
determines that such injury does exist,
we will issue a countervailing duty
order.
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Failure to
comply is a violation of the APO.
This determination is published
pursuant to sections 705(d) and 777(i) of
the Act.
Dated: July 31, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I
Scope of the Investigation
The scope of this investigation includes
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) including but not
limited to such products as single- and
multi–subject notebooks, composition
books, wireless notebooks, looseleaf or
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7.05 percent ad valorem
de minimis
10.24 percent ad valorem
9.42 percent ad valorem
glued filler paper, graph paper, and
laboratory notebooks, and with the
smaller dimension of the paper
measuring 6 inches to 15 inches
(inclusive) and the larger dimension of
the paper measuring 8–3/4 inches to 15
inches (inclusive). Page dimensions are
measured size (not advertised, stated, or
‘‘tear–out’’ size), and are measured as
they appear in the product (i.e., stitched
and folded pages in a notebook are
measured by the size of the page as it
appears in the notebook page, not the
size of the unfolded paper). However,
for measurement purposes, pages with
tapered or rounded edges shall be
measured at their longest and widest
points. Subject lined paper products
may be loose, packaged or bound using
any binding method (other than case
bound through the inclusion of binders
board, a spine strip, and cover wrap).
Subject merchandise may or may not
contain any combination of a front
cover, a rear cover, and/or backing of
any composition, regardless of the
inclusion of images or graphics on the
cover, backing, or paper. Subject
merchandise is within the scope of this
investigation whether or not the lined
paper and/or cover are hole punched,
drilled, perforated, and/or reinforced.
Subject merchandise may contain
accessory or informational items
including but not limited to pockets,
tabs, dividers, closure devices, index
cards, stencils, protractors, writing
implements, reference materials such as
mathematical tables, or printed items
such as sticker sheets or miniature
calendars, if such items are physically
incorporated , included with, or
attached to the product, cover and/or
backing thereto.
Specifically excluded from the scope of
this investigation are:
• unlined copy machine paper;
• writing pads with a backing (including
but not limited to products commonly
known as ‘‘tablets,’’ ‘‘note pads,’’ ‘‘legal
pads,’’ and ‘‘quadrille pads’’), provided
that they do not have a front cover
(whether permanent or removable). This
exclusion does not apply to such
writing pads if they consist of hole–
punched or drilled filler paper;
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08AUN1
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices
• three–ring or multiple–ring binders, or
notebook organizers incorporating such
a ring binder provided that they do not
include subject paper;
• index cards;
• printed books and other books that are
case bound through the inclusion of
binders board, a spine strip, and cover
wrap;
• newspapers;
• pictures and photographs;
• desk and wall calendars and
organizers (including but not limited to
such products generally known as
‘‘office planners,’’ ‘‘time books,’’ and
‘‘appointment books’’);
• telephone logs;
• address books;
• columnar pads & tablets, with or
without covers, primarily suited for the
recording of written numerical business
data;
• lined business or office forms,
including but not limited to: pre–
printed business forms, lined invoice
pads and paper, mailing and address
labels, manifests, and shipping log
books;
• lined continuous computer paper;
• boxed or packaged writing stationary
(including but not limited to products
commonly known as ‘‘fine business
paper,’’ ‘‘parchment paper, ‘‘ and
‘‘letterhead’’), whether or not containing
a lined header or decorative lines;
• Stenographic pads (‘‘steno pads’’),
Gregg ruled (‘‘Gregg ruling’’ consists of
a single- or double–margin vertical
ruling line down the center of the page.
For a six–inch by nine–inch
stenographic pad, the ruling would be
located approximately three inches from
the left of the book.), measuring 6 inches
by 9 inches;
Also excluded from the scope of this
investigation are the following
trademarked products:
• FlyTM lined paper products: A
notebook, notebook organizer, loose or
glued note paper, with papers that are
printed with infrared reflective inks and
readable only by a FlyTM pen–top
computer. The product must bear the
valid trademark FlyTM (products found
to be bearing an invalidly licensed or
used trademark are not excluded from
the scope).
• ZwipesTM: A notebook or notebook
organizer made with a blended
polyolefin writing surface as the cover
and pocket surfaces of the notebook,
suitable for writing using a specially–
developed permanent marker and erase
system (known as a ZwipesTM pen).
This system allows the marker portion
to mark the writing surface with a
permanent ink. The eraser portion of the
marker dispenses a solvent capable of
solubilizing the permanent ink allowing
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20:06 Aug 07, 2006
Jkt 208001
the ink to be removed. The product
must bear the valid trademark ZwipesTM
(products found to be bearing an
invalidly licensed or used trademark are
not excluded from the scope).
• FiveStarAdvanceTM: A notebook or
notebook organizer bound by a
continuous spiral, or helical, wire and
with plastic front and rear covers made
of a blended polyolefin plastic material
joined by 300 denier polyester, coated
on the backside with PVC (poly vinyl
chloride) coating, and extending the
entire length of the spiral or helical
wire. The polyolefin plastic covers are
of specific thickness; front cover is
0.019 inches (within normal
manufacturing tolerances) and rear
cover is 0.028 inches (within normal
manufacturing tolerances). Integral with
the stitching that attaches the polyester
spine covering, is captured both ends of
a 1’’ wide elastic fabric band. This band
is located 2–3/8’’ from the top of the
front plastic cover and provides pen or
pencil storage. Both ends of the spiral
wire are cut and then bent backwards to
overlap with the previous coil but
specifically outside the coil diameter
but inside the polyester covering.
During construction, the polyester
covering is sewn to the front and rear
covers face to face (outside to outside)
so that when the book is closed, the
stitching is concealed from the outside.
Both free ends (the ends not sewn to the
cover and back) are stitched with a
turned edge construction. The flexible
polyester material forms a covering over
the spiral wire to protect it and provide
a comfortable grip on the product. The
product must bear the valid trademarks
FiveStarAdvanceTM (products found
to be bearing an invalidly licensed or
used trademark are not excluded from
the scope).
• FiveStar FlexTM: A notebook, a
notebook organizer, or binder with
plastic polyolefin front and rear covers
joined by 300 denier polyester spine
cover extending the entire length of the
spine and bound by a 3–ring plastic
fixture. The polyolefin plastic covers are
of a specific thickness; front cover is
0.019 inches (within normal
manufacturing tolerances) and rear
cover is 0.028 inches (within normal
manufacturing tolerances). During
construction, the polyester covering is
sewn to the front cover face to face
(outside to outside) so that when the
book is closed, the stitching is
concealed from the outside. During
construction, the polyester cover is
sewn to the back cover with the outside
of the polyester spine cover to the inside
back cover. Both free ends (the ends not
sewn to the cover and back) are stitched
with a turned edge construction. Each
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ring within the fixture is comprised of
a flexible strap portion that snaps into
a stationary post which forms a closed
binding ring. The ring fixture is riveted
with six metal rivets and sewn to the
back plastic cover and is specifically
positioned on the outside back cover.
The product must bear the valid
trademark FiveStar FlexTM (products
found to be bearing an invalidly
licensed or used trademark are not
excluded from the scope).
Merchandise subject to this
investigation is typically imported
under headings 4820.10.2050,
4810.22.5044, 4811.90.9090,
4820.10.2010, 4820.10.2020 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). During the
investigation additional HTS codes may
be identified. The tariff classifications
are provided for convenience and
customs purposes; however, the written
description of the scope of the
investigation is dispositive.
Appendix II – Issues and Decision
Memorandum
I. Summary
A. General Comments
Comment 1. Treatment of Contingent
Liability Benefits Under the Export
Promotion Capital Goods Scheme
(EPCGS)
Comment 2. Valuation of DEPS
Benefits
B. Navneet
Comment 3: Benchmark Used Under
the EPCGS Program
Comment 4: Benchmark Used for
Navneet Under the Pre–Shipment
Export Financing Program
Comment 5: Navneet’s Use of the 80
HHC Income Tax Exemption
Comment 6: Denominator Used to
Calculate Navneet’s Net Subsidy
Rate Under the Pre–Shipment
Export Financing Program
Comment 7: Denominator Used to
Calculate Navneet’s Net Subsidy
Rate Under the Duty–Free
Replenishment Certificate (DFRC)
Scheme
C. Kejriwal
Comment 8: Benchmark Used to
Calculate Countervailable Benefits
Received by Kejriwal under the
Post–Shipment Export Financing
Program
Comment 9: Fulfillment of Export
Obligation Under the EPCGS
D. Aero
Comment 10: Countervailability of the
Advance License Program (ALP)
Comment 11: Program–Wide Changes
With Respect to the ALP
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices
Comment 12: Attribution of Subsidies
Aero Received under the Post–
Shipment Export Financing
Program
II. Subsidies Valuation Information
A. Benchmark for Short–Term Loans
B. Benchmark for Long–Term Loans
Issued
III. Critical Circumstances
IV. Analysis Of Programs
A. Programs Determined to Confer
Subsidies
1. Pre- and Post–Shipment Export
Financing
2. Export Promotion Capital Goods
Scheme (EPCGS)
3. Duty Entitlement Passbook Scheme
(DEPS)
4. Duty Free Replenishment
Certificate (DFRC) Scheme
5. Advance License Program (ALP)
6. Income Tax Exemption Scheme
under 80HHC (80HHC)
B. Programs Determined Not to be Used
1. Export Processing Zones (EPZ) and
Export Oriented Units (EOU)
2. Income Tax Exemption Scheme
(Sections 10A and 10B)
3. Market Development Assistance
(MDA)
4. Status Certificate Program
5. Market Access Initiative
6. State of Gujarat Sales Tax
Incentives
7. State of Maharashtra Sales Tax
Incentives
V. Total Ad Valorem Rates
VI. Analysis Of Comments
[FR Doc. E6–12809 Filed 8–7–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(C–533–825)
Notice of Preliminary Results and
Rescission, in Part, of Countervailing
Duty Administrative Review:
Polyethylene Terephthalate Film,
Sheet, and Strip from India
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty order on
polyethylene terephthalate (PET) film
from India for the period January 1,
jlentini on PROD1PC65 with NOTICES
AGENCY:
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20:06 Aug 07, 2006
Jkt 208001
2004 through December 31, 2004. We
preliminarily determine that subsidies
are being provided on the production
and export of PET film from India. See
the ‘‘Preliminary Results of
Administrative Review’’ section, below.
If the final results remain the same as
the preliminary results of this review,
we will instruct U.S. Customs and
Border Protection (CBP) to assess
countervailing duties. Interested parties
are invited to comment on the
preliminary results of this
administrative review. See the ‘‘Public
Comment’’ section of this notice. In
addition, we are rescinding this review
with respect to Garware Polyester
Limited (Garware). See the ‘‘Partial
Rescission of Review’’ section, below.
EFFECTIVE DATE: August 8, 2006
FOR FURTHER INFORMATION CONTACT: Elfi
Blum, Nicholas Czajkowski, or Toni
Page, AD/CVD Operations, Office 6,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–0197,
(202) 482–1395, or (202) 482–1398,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2002, the Department
published in the Federal Register the
countervailing duty (CVD) order on PET
film from India. See Countervailing
Duty Order: Polyethylene Terephthalate
Film, Sheet and Strip (PET Film) from
India, 67 FR 44179 (July 1, 2002) (PET
Film Order). On July 1, 2005, the
Department published in the Federal
Register a notice of opportunity to
request an administrative review of this
order. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 70
FR 38099 (July 1, 2005). On July 27,
2005, MTZ Polyfilms, Ltd. (MTZ), and
on July 29, 2005, Jindal Poly Films
Limited of India (Jindal), formerly
named Jindal Polyester Limited, Indian
producers and exporters of subject
merchandise, requested that the
Department conduct an administrative
review of the CVD order on PET film
from India with respect to their exports
to the United States. On July 29, 2005,
Dupont Teijin Films, Mitsubishi
Polyester Film of America, and Toray
Plastics (America), (collectively,
petitioners), requested that the
Department conduct an administrative
review of the CVD order on PET film
from India with respect to Jindal and
Polyplex Corporation Ltd. (Polyplex)
(collectively, respondents). Also, on
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Fmt 4703
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45037
August 1, 2005, Garware requested that
the Department conduct an
administrative review of the CVD order
on PET film from India with respect to
its exports to the United States.
On August 19, 2005, MTZ withdrew
its request for review of the CVD order
of PET film from India. See
Memorandum to File through Howard
Smith from Drew Jackson: ‘‘Withdrawal
of Countervailing Duty Administrative
Review Request’’ (August 23, 2005) (on
file in the Central Records Unit (CRU),
room B–099 of the main Commerce
building). Since this company was the
sole requestor for an administrative
review, and since its withdrawal
occurred prior to the date of initiation,
we did not include this company in the
initiation of the administrative review.
On August 29, 2005, the Department
initiated an administrative review of the
CVD order on PET film from India
covering Jindal, Garware, and Polyplex,
for the period January 1, 2004 through
December 31, 2004. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Requests
for Revocation in Part, 70 FR 51009
(August 29, 2005).
The Department issued questionnaires
to the Government of India (GOI) and all
three respondents. On September 14,
2005, pursuant to 19 CFR
§ 351.213(d)(1), Garware timely
withdrew its request for an
administrative review of the CVD order
on PET film from India. Because no
other party requested an administrative
review of this respondent, the
Department is rescinding its review
with respect to Garware. See the ‘‘Partial
Rescission of Review’’ section below.
On September 29, 2005, the GOI
submitted its questionnaire response.
Jindal and Polyplex submitted their
questionnaire responses on October 3,
2005 and October 4, 2005, respectively.
The Department issued its first
supplemental questionnaires to Jindal
and Polyplex on November 4, 2005 and
November 7, 2005, respectively. On
November 28, 2005, both Jindal and
Polyplex submitted their first
supplemental responses. On February
21, 2006, the Department extended the
preliminary results until July 31, 2006.
See Extension of Time Limit for the
Preliminary Results of Administrative
Review: Polyethylene Terephthalate
(PET) Film from India, 71 FR 8840
(February 21, 2006). On April 14, 2006,
the Department issued a second
supplemental questionnaire to Jindal
and Polyplex, and its first supplemental
questionnaire to the GOI. The GOI
submitted its response to the
supplemental questionnaire on April 28,
2006, and Jindal and Polyplex
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]]>Agencies
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Pages 45034-45037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12809]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(C-533-844)
Notice of Final Affirmative Countervailing Duty Determination and
Final Negative Critical Circumstances Determination: Certain Lined
Paper Products from India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: We determine that countervailable subsidies are being provided
to producers and exporters of certain lined paper products from India.
For information on the estimated subsidy rates, see the ``Suspension of
Liquidation'' section of this notice. Moreover, we determine that
critical circumstances do not exist with regard to exports of CLPP from
India. See the ``Critical Circumstances'' section below.
EFFECTIVE DATE: August 8, 2006.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, AC/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, Room 4012, 14\th\ Street and Constitution
Avenue, N.W., Washington, D.C. 20230; Telephone: 202-482-2209.
SUPPLEMENTARY INFORMATION:
Background
This investigation covers 12 programs and the following
manufacturer/exporters: Aero Exports (Aero), Kejriwal Exports, a
division of Kejriwal Paper Limited (Kejriwal), and Navneet Publications
India Ltd. (Navneet).
On February 15, 2006, the Department of Commerce (the Department)
published in the Federal Register its preliminary affirmative
determination in the countervailing duty investigation of certain lined
paper products from India. See Notice of Preliminary Affirmative
Countervailing Duty Determination and Preliminary Negative Critical
Circumstances Determination: Certain Lined Paper Products from India,
71 FR 7196 (February 15, 2006) (Preliminary Determination).
We invited interested parties to comment on the Preliminary
Determination. On June 14, 2006, we received comments from petitioners
and respondents.\1\ On June 19, 2006, we received rebuttal comments
from petitioners and respondents.
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\1\ Petitioners are the Association of American School Paper
Suppliers.
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Period of Investigation
The period of investigation (POI) is April 1, 2004, through March
31, 2005.
Critical Circumstances
As explained in the Preliminary Determination, petitioners
requested that, pursuant to 19 CFR 351.206, the Department make an
expedited finding that critical circumstances exist with respect to
imports of lined paper products from India. In the Preliminary
Determination, we determined that critical circumstances did not exist.
See Preliminary Determination, 71 FR at 7917. For purposes of this
final determination, we continue to find that critical circumstances do
not exist as petitioners' allegation does not provide a sufficient
factual basis for making an affirmative finding. See Memorandum to
Stephen J. Claeys, Deputy Assistant Secretary for Import
Administration, from: Melissa G. Skinner, Director, Operations, Office
3: Final Negative Critical Circumstances Determination, (July 31, 2006)
(publicly on file in the Central Records Unit (CRU), Room B-099 of the
main building of the Commerce Department).
Scope of the Investigation
For scope information, see Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) dated July 31, 2006, which is hereby
adopted by this notice. A list of issues that parties have raised and
to which we have responded, all of which are in the Decision
Memorandum, is attached to this notice as Appendix II. Parties can find
a complete discussion of all issues raised in this investigation and
the corresponding recommendations in this public memorandum, which is
on file in the CRU. In addition, a complete version of the Decision
Memorandum can be accessed directly on the World Wide Web at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i)(I) of the Tariff Act fo
1930
[[Page 45035]]
(as amended) (the Act), we have calculated individual rates for the
companies under investigation. For the period April 1, 2004, through
March 31, 2005, we determine the net subsidy rates for the investigated
companies are as follows:
------------------------------------------------------------------------
Producer/Exporter Net Subsidy Rate
------------------------------------------------------------------------
Aero Exports (Aero)................ 7.05 percent ad valorem
Kejriwal Exports, a division of de minimis
Kejriwal Paper Limited (Kejriwal).
Navneet Publications India Ltd. 10.24 percent ad valorem
(Navneet).........................
All Others Rate.................... 9.42 percent ad valorem
------------------------------------------------------------------------
To calculate the ``All Others'' rate, we weight averaged the
individual rates of Aero, Kejriwal, and Navneet by each company's
respective sales of subject merchandise made to the United States
during the POI, pursuant to section 705(c)(5)(A) of the Act.
In accordance with our preliminary affirmative determination, we
instructed U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of certain lined paper products from India,
which were entered or withdrawn from warehouse, for consumption on or
after February 15, 2006, the date of the publication of our Preliminary
Determination in the Federal Register. In accordance with section
703(d) of the Act, we instructed the CBP to discontinue the suspension
of liquidation for merchandise entered on or after June 15, 2006, but
to continue the suspension of liquidation of entries made between
February 15, 2006, and June 14, 2006.
With the exception of Kejriwal, we will reinstate suspension of
liquidation under section 706(a) of the Act for all entries if the
International Trade Commission (ITC) issues a final affirmative injury
determination and will require a cash deposit of estimated
countervailing duties for such entries of merchandise in the amounts
indicated above. Because we have determined that Kejriwal's net subsidy
rate is de minimis, we will direct CBP to terminate the suspension of
liquidation for Kejriwal's shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after February 15,
2006, the publication date of the Preliminary Determination, and to
release any bond or other security, and refund any cash deposit.
If the ITC determines that material injury, or threat of material
injury, does not exist, this proceeding will be terminated and all
estimated duties deposited or securities posted as a result of the
suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided that the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Import Administration.
If the ITC determines that material injury, or threat of material
injury, does not exist, these proceedings will be terminated. If
however, the ITC determines that such injury does exist, we will issue
a countervailing duty order.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Failure to comply is a violation of the APO.
This determination is published pursuant to sections 705(d) and
777(i) of the Act.
Dated: July 31, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
Scope of the Investigation
The scope of this investigation includes 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) including but not limited to
such products as single- and multi-subject notebooks, composition
books, wireless notebooks, looseleaf or glued filler paper, graph
paper, and laboratory notebooks, and with the smaller dimension of the
paper measuring 6 inches to 15 inches (inclusive) and the larger
dimension of the paper measuring 8-3/4 inches to 15 inches (inclusive).
Page dimensions are measured size (not advertised, stated, or ``tear-
out'' size), and are measured as they appear in the product (i.e.,
stitched and folded pages in a notebook are measured by the size of the
page as it appears in the notebook page, not the size of the unfolded
paper). However, for measurement purposes, pages with tapered or
rounded edges shall be measured at their longest and widest points.
Subject lined paper products may be loose, packaged or bound using any
binding method (other than case bound through the inclusion of binders
board, a spine strip, and cover wrap). Subject merchandise may or may
not contain any combination of a front cover, a rear cover, and/or
backing of any composition, regardless of the inclusion of images or
graphics on the cover, backing, or paper. Subject merchandise is within
the scope of this investigation whether or not the lined paper and/or
cover are hole punched, drilled, perforated, and/or reinforced. Subject
merchandise may contain accessory or informational items including but
not limited to pockets, tabs, dividers, closure devices, index cards,
stencils, protractors, writing implements, reference materials such as
mathematical tables, or printed items such as sticker sheets or
miniature calendars, if such items are physically incorporated ,
included with, or attached to the product, cover and/or backing
thereto.
Specifically excluded from the scope of this investigation are:
unlined copy machine paper;
writing pads with a backing (including but not limited to
products commonly known as ``tablets,'' ``note pads,'' ``legal pads,''
and ``quadrille pads''), provided that they do not have a front cover
(whether permanent or removable). This exclusion does not apply to such
writing pads if they consist of hole-punched or drilled filler paper;
[[Page 45036]]
three-ring or multiple-ring binders, or notebook organizers
incorporating such a ring binder provided that they do not include
subject paper;
index cards;
printed books and other books that are case bound through the
inclusion of binders board, a spine strip, and cover wrap;
newspapers;
pictures and photographs;
desk and wall calendars and organizers (including but not
limited to such products generally known as ``office planners,'' ``time
books,'' and ``appointment books'');
telephone logs;
address books;
columnar pads & tablets, with or without covers, primarily
suited for the recording of written numerical business data;
lined business or office forms, including but not limited to:
pre-printed business forms, lined invoice pads and paper, mailing and
address labels, manifests, and shipping log books;
lined continuous computer paper;
boxed or packaged writing stationary (including but not
limited to products commonly known as ``fine business paper,''
``parchment paper, `` and ``letterhead''), whether or not containing a
lined header or decorative lines;
Stenographic pads (``steno pads''), Gregg ruled (``Gregg
ruling'' consists of a single- or double-margin vertical ruling line
down the center of the page. For a six-inch by nine-inch stenographic
pad, the ruling would be located approximately three inches from the
left of the book.), measuring 6 inches by 9 inches;
Also excluded from the scope of this investigation are the following
trademarked products:
Fly\TM\ lined paper products: A notebook, notebook organizer,
loose or glued note paper, with papers that are printed with infrared
reflective inks and readable only by a Fly\TM\ pen-top computer. The
product must bear the valid trademark Fly\TM\ (products found to be
bearing an invalidly licensed or used trademark are not excluded from
the scope).
Zwipes\TM\: A notebook or notebook organizer made with a
blended polyolefin writing surface as the cover and pocket surfaces of
the notebook, suitable for writing using a specially-developed
permanent marker and erase system (known as a Zwipes\TM\ pen). This
system allows the marker portion to mark the writing surface with a
permanent ink. The eraser portion of the marker dispenses a solvent
capable of solubilizing the permanent ink allowing the ink to be
removed. The product must bear the valid trademark Zwipes\TM\ (products
found to be bearing an invalidly licensed or used trademark are not
excluded from the scope).
FiveStar[reg]Advance\TM\: A notebook or notebook organizer
bound by a continuous spiral, or helical, wire and with plastic front
and rear covers made of a blended polyolefin plastic material joined by
300 denier polyester, coated on the backside with PVC (poly vinyl
chloride) coating, and extending the entire length of the spiral or
helical wire. The polyolefin plastic covers are of specific thickness;
front cover is 0.019 inches (within normal manufacturing tolerances)
and rear cover is 0.028 inches (within normal manufacturing
tolerances). Integral with the stitching that attaches the polyester
spine covering, is captured both ends of a 1'' wide elastic fabric
band. This band is located 2-3/8'' from the top of the front plastic
cover and provides pen or pencil storage. Both ends of the spiral wire
are cut and then bent backwards to overlap with the previous coil but
specifically outside the coil diameter but inside the polyester
covering. During construction, the polyester covering is sewn to the
front and rear covers face to face (outside to outside) so that when
the book is closed, the stitching is concealed from the outside. Both
free ends (the ends not sewn to the cover and back) are stitched with a
turned edge construction. The flexible polyester material forms a
covering over the spiral wire to protect it and provide a comfortable
grip on the product. The product must bear the valid trademarks
FiveStar[reg]Advance\TM\ (products found to be bearing an invalidly
licensed or used trademark are not excluded from the scope).
FiveStar Flex\TM\: A notebook, a notebook organizer, or binder
with plastic polyolefin front and rear covers joined by 300 denier
polyester spine cover extending the entire length of the spine and
bound by a 3-ring plastic fixture. The polyolefin plastic covers are of
a specific thickness; front cover is 0.019 inches (within normal
manufacturing tolerances) and rear cover is 0.028 inches (within normal
manufacturing tolerances). During construction, the polyester covering
is sewn to the front cover face to face (outside to outside) so that
when the book is closed, the stitching is concealed from the outside.
During construction, the polyester cover is sewn to the back cover with
the outside of the polyester spine cover to the inside back cover. Both
free ends (the ends not sewn to the cover and back) are stitched with a
turned edge construction. Each ring within the fixture is comprised of
a flexible strap portion that snaps into a stationary post which forms
a closed binding ring. The ring fixture is riveted with six metal
rivets and sewn to the back plastic cover and is specifically
positioned on the outside back cover. The product must bear the valid
trademark FiveStar Flex\TM\ (products found to be bearing an invalidly
licensed or used trademark are not excluded from the scope).
Merchandise subject to this investigation is typically imported under
headings 4820.10.2050, 4810.22.5044, 4811.90.9090, 4820.10.2010,
4820.10.2020 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). During the investigation additional HTS codes may be
identified. The tariff classifications are provided for convenience and
customs purposes; however, the written description of the scope of the
investigation is dispositive.
Appendix II - Issues and Decision Memorandum
I. Summary
A. General Comments
Comment 1. Treatment of Contingent Liability Benefits Under the
Export Promotion Capital Goods Scheme (EPCGS)
Comment 2. Valuation of DEPS Benefits
B. Navneet
Comment 3: Benchmark Used Under the EPCGS Program
Comment 4: Benchmark Used for Navneet Under the Pre-Shipment Export
Financing Program
Comment 5: Navneet's Use of the 80 HHC Income Tax Exemption
Comment 6: Denominator Used to Calculate Navneet's Net Subsidy Rate
Under the Pre-Shipment Export Financing Program
Comment 7: Denominator Used to Calculate Navneet's Net Subsidy Rate
Under the Duty-Free Replenishment Certificate (DFRC) Scheme
C. Kejriwal
Comment 8: Benchmark Used to Calculate Countervailable Benefits
Received by Kejriwal under the Post-Shipment Export Financing Program
Comment 9: Fulfillment of Export Obligation Under the EPCGS
D. Aero
Comment 10: Countervailability of the Advance License Program (ALP)
Comment 11: Program-Wide Changes With Respect to the ALP
[[Page 45037]]
Comment 12: Attribution of Subsidies Aero Received under the Post-
Shipment Export Financing Program
II. Subsidies Valuation Information
A. Benchmark for Short-Term Loans
B. Benchmark for Long-Term Loans Issued
III. Critical Circumstances
IV. Analysis Of Programs
A. Programs Determined to Confer Subsidies
1. Pre- and Post-Shipment Export Financing
2. Export Promotion Capital Goods Scheme (EPCGS)
3. Duty Entitlement Passbook Scheme (DEPS)
4. Duty Free Replenishment Certificate (DFRC) Scheme
5. Advance License Program (ALP)
6. Income Tax Exemption Scheme under 80HHC (80HHC)
B. Programs Determined Not to be Used
1. Export Processing Zones (EPZ) and Export Oriented Units (EOU)
2. Income Tax Exemption Scheme (Sections 10A and 10B)
3. Market Development Assistance (MDA)
4. Status Certificate Program
5. Market Access Initiative
6. State of Gujarat Sales Tax Incentives
7. State of Maharashtra Sales Tax Incentives
V. Total Ad Valorem Rates
VI. Analysis Of Comments
[FR Doc. E6-12809 Filed 8-7-06; 8:45 am]
BILLING CODE 3510-DS-S
