Certain Lined Paper Products from India: Notice of Final Results of Antidumping Duty Administrative Review, 7563-7566 [2010-3404]

Download as PDF Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices fulfillment of the publication requirements of Timken, with an effective date of January 29, 2010, (i.e., 10 days following the CIT’s ruling). The Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the CIT’s ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries of the subject merchandise during the POR from ICDAS based on the revised assessment rates calculated by the Department. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: February 12, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–3266 Filed 2–19–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–843] Certain Lined Paper Products from India: Notice of Final Results of Antidumping Duty Administrative Review cprice-sewell on DSK2BSOYB1PROD with NOTICES AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 7, 2009, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the antidumping duty administrative review for certain lined paper products from India (CLPP). See Certain Lined Paper Products From India: Notice of Preliminary Results of Antidumping Duty Administrative Review, 74 FR 51558 (October 7, 2009) (Preliminary Results). This review covers 25 manufacturers and exporters of the subject merchandise.1 As a result of our 1 On September 29, 2008, the Department received a timely request for an administrative review filed on behalf of Kejriwal Paper Limited (Kejriwal) and a timely request for an administrative review filed on behalf of Navneet Publications (India) Ltd., (Navneet). On September 30, 2008, the Department received a timely request for an administrative review of the following 25 companies, filed on behalf of the Association of American School Paper Suppliers (Petitioner), a domestic interested party: Agility Logistics Pvt. Ltd., Blue Bird (India) Limited (Blue Bird), Ceal Shipping Logistics Pvt. Ltd., Cello International Pvt. Ltd., Corporate Stationary Pvt. Ltd., Creative Divya, VerDate Nov<24>2008 15:26 Feb 19, 2010 Jkt 220001 analysis of the comments received, these final results differ from the Preliminary Results. For our final results, we continue to find that Navneet and Blue Bird made sales of subject merchandise at less than normal value (NV). In addition, based on the final results for Navneet, we have determined a weighted–average margin for those companies that were not selected for individual review. DATES: Effective Date: February 22, 2010. FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Navneet, and non– selected companies) and Cindy Robinson (Blue Bird), AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3692, (202) 482– 3797, respectively. SUPPLEMENTARY INFORMATION: Background On November 25, 2008, the Department selected Kejriwal and Blue Bird as companies to be individually examined in this second administrative review of the antidumping duty order on CLPP from India. See Memorandum to Melissa Skinner from George McMahon titled ‘‘Certain Lined Paper Products from India: Selection of Respondents for Individual Review’’ (Respondent Selection Memo), dated November 25, 2008. On December 22, 2008, both Kejriwal and petitioner timely withdrew their requests for a review of Kejriwal. On January 9, 2009, after we determined that we would rescind the review with respect to Kejriwal, we selected Navneet as a mandatory respondent. On October 7, 2009, the Department published the Preliminary Results. As noted in the Preliminary Results, Blue Bird withheld requested information, significantly impeded the proceeding, and failed to cooperate to the best of its ability. Therefore, pursuant to sections 776(a)(2)(A) and (C) and 776(b) of the Tariff Act of 1930, as amended (the Act), the Department preliminarily determined that the use of facts available for Blue Bird was appropriate, and assigned a rate of 72.96 percent, which was based on the highest margin Exel India Pvt. Ltd., FFI International, Global Art India Inc., International Greetings Pvt. Ltd., Karim General Handmade Paper DIAR, Kejriwal Exports, M/S Super ImpEx., Magic International, Marigold ExIm Pvt. Ltd., Marisa International, Navneet, Pentagon Waterlines Pvt. Ltd., Pioneer Stationery Pvt. Ltd., Rajvansh International, Riddhi Enterprises, SAB International, TKS Overseas, Unlimited Accessories Worldwide, and V. Joshi Co. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 7563 preliminarily calculated for Navneet in this review. Comments from Interested Parties We invited parties to comment on our Preliminary Results. Case briefs were filed November 20, 2009, by Navneet, and Blue Bird; November 24, 2009, by petitioner; and on November 25, 2009, by IScholar, Inc., an importer of subject merchandise from respondent Blue Bird. On December 4, 2009, petitioner and Navneet filed rebuttal briefs. Scope of the Order The scope of this order 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 loose leaf filler paper) including but not limited to such products as single- and multi–subject notebooks, composition books, wireless notebooks, loose leaf 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 order 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 E:\FR\FM\22FEN1.SGM 22FEN1 7564 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices cprice-sewell on DSK2BSOYB1PROD with NOTICES 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 order 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; • 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 order are the following trademarked products: •TM Fly lined paper products: A notebook, notebook organizer, loose or glued note paper, with papers that are printed with infrared reflective inks and VerDate Nov<24>2008 15:26 Feb 19, 2010 Jkt 220001 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 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). • FiveStar® AdvanceTM: 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® AdvanceTM (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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). Merchandise subject to this order is typically imported under headings 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 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS headings are provided for convenience and customs purposes; however, the written description of the scope of the order is dispositive. Period of Review The period of review (POR) is September 1, 2007, through August 31, 2008. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues which parties have raised, and to which we have responded in the Issues and Decision Memorandum, is attached to this notice as an Appendix. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. As a result of comments received and our analysis, we have E:\FR\FM\22FEN1.SGM 22FEN1 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices made changes to the margin calculations. Final Results of Review: We determine that the following weighted–average margins exist: Manufacturer/Exporter Weighted Average Margin (percent) Navneet Publications (India) Ltd. ................. Blue Bird ....................... 1.34 72.03 Review–Specific Average Rate Applicable to the 22 Non–Selected Companies Subject to This Review: Manufacturer/Exporter Weighted Average Margin (percent) cprice-sewell on DSK2BSOYB1PROD with NOTICES Agility Logistics Pvt. Ltd. Ceal Shipping Logistics Pvt. Ltd. ..................... Cello International Pvt. Ltd. ............................ Corporate Stationary Pvt. Ltd. ..................... Creative Divya .............. Exel India Pvt. Ltd. ....... FFI International ........... Global Art India Inc. ...... International Greetings Pvt. Ltd. ..................... Karim General Handmade Paper DIAR ..... M/S Super ImpEx. ........ Magic International ....... Marigold ExIm Pvt. Ltd. Marisa International ...... Pentagon Waterlines Pvt. Ltd. ..................... Pioneer Stationery Pvt. Ltd. ............................ Rajvansh International .. Riddhi Enterprises ........ SAB International .......... TKS Overseas .............. Unlimited Accessories Worldwide ................. V. Joshi Co. .................. 1.34 1.34 1.34 1.34 1.34 1.34 1.34 1.34 1.34 1.34 1.34 1.34 1.34 1.34 1.34 than 0.50 percent). The Department intends to issue assessment instructions directly to CBP 15 days after publication of the final results of this review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954, (May 6, 2003) (Assessment Policy Notice). This clarification applies to POR entries of subject merchandise produced by companies examined in this review (i.e., companies for which a dumping margin was calculated) where the companies did not know that their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the 3.91 percent all–others rate for India if there is no company– specific rate for an intermediary company(ies) involved in the transaction. 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) (Lined Paper Orders). See also Assessment Policy Notice, 68 FR at 23954. Cash Deposit Requirements 1.34 1.34 1.34 1.34 1.34 The following deposit requirements will be effective upon publication of these final results for all shipments of CLPP from India entered, or withdrawn from warehouse, for consumption on or 1.34 after the publication date of the final 1.34 results of this administrative review, as provided by section 751(a) of the Act: Assessment Rates (1) for companies covered by this review, the cash deposit rate will be the Pursuant to these final results, the rate listed above; (2) for previously Department has determined, and U.S. reviewed or investigated companies Customs and Border Protection (CBP) shall assess, antidumping duties on all other than those covered by this review, appropriate entries. Pursuant to 19 CFR the cash deposit rate will be the 351.212(b)(1), we calculated importer– company–specific rate established for specific ad valorem duty assessment the most recent period; (3) if the rates based on the ratio of the total exporter is not a firm covered in this amount of the antidumping margins review, a prior review, or the less–thancalculated for the examined sales to the fair–value investigation, but the total entered value of the examined producer is, the cash deposit rate will be sales for that importer. Where the the rate established for the most recent assessment rate is above de minimis, we period for the manufacturer of the will instruct CBP to assess duties on all subject merchandise; and (4) if neither entries of subject merchandise by that the exporter nor the producer is a firm importer. Pursuant to 19 CFR covered in this review, a prior review, 351.106(c)(2), we will instruct CBP to or the investigation, the cash deposit liquidate without regard to antidumping rate will be 3.91 percent, the all–others duties any entries for which the rate established in the less–than-fair– assessment rate is de minimis (i.e., less value investigation. These deposit VerDate Nov<24>2008 15:26 Feb 19, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 7565 requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed. This notice also serves as a final 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 entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3). Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. E:\FR\FM\22FEN1.SGM 22FEN1 7566 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices Dated: February 4, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1778 and (202) 482–0650, respectively. SUPPLEMENTARY INFORMATION: APPENDIX I List of Comments in the Accompanying Issues and Decision Memorandum Company–Specific Issues Blue Bird IScholar Comment 1: Whether the Transaction– Specific Margin Assigned to Blue Bird Is Aberrational Navneet Comment 2: Whether to Use the Invoice Date or Purchase Order Date for U.S. Sales Comment 3: Navneet’s Model Match Sub–Codes Comment 4: Offset of Countervailing Duty Duties Comment 5: Levels of Trade Comment 6: Treatment of Merchandising Expense Comment 7: Treatment of Negative Dumping Margins (Zeroing) [FR Doc. 2010–3404 Filed 2–19–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–878] cprice-sewell on DSK2BSOYB1PROD with NOTICES Saccharin from the People’s Republic of China: Final Results of Changed Circumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) published its preliminary results of changed circumstances review for saccharin from the People’s Republic of China in (‘‘PRC’’) on December 1, 2009.1 We invited interested parties to comment on our preliminary results. No parties commented on our preliminary results. Therefore, the preliminary results are hereby adopted as the final results. DATES: Effective Date: February 22, 2010. FOR FURTHER INFORMATION CONTACT: Giselle Cubillos or Charles Riggle, AD/ CVD Operations, Office 8, Import Administration, International Trade 1 See Saccharin from the People’s Republic of China: Preliminary Results of Changed Circumstances Review, 74 FR 62745 (December 1, 2009) (‘‘Preliminary Results’’). VerDate Nov<24>2008 15:26 Feb 19, 2010 Jkt 220001 Background On July 9, 2003, the Department published in the Federal Register an antidumping duty order on saccharin from the PRC.2 On June 8, 2009, the Department published in the Federal Register the notice of continuation of antidumping duty order on saccharin from the PRC.3 On June 4, 2009, the Department received a request on behalf of PMC Specialties Group, Inc. (‘‘PMCSG’’) for a changed circumstances review to revoke the antidumping duty order on saccharin from the PRC. PMCSG claimed that, as the sole domestic producer of saccharin, it no longer had an interest in the Saccharin Order. As part of its submission, PMCSG requested that the Department combine the notice of initiation with the preliminary results to revoke the Saccharin Order. On July 9, 2009, the Department received a letter opposing the request for a changed circumstances review from Kinetic Industries (‘‘Kinetic’’).4 Kinetic claimed that it produces saccharin through a third party toller in the United States and that both parties, Kinetic and its toll producer, are interested parties as domestic producers of saccharin. Both Kinetic and its toll producer requested that the Department not issue expedited preliminary results in this changed circumstances review. On July 23, 2009, the Department published in the Federal Register a notice of initiation of changed circumstances review for saccharin from the PRC. On July 23, 2009, the Department also issued questionnaires to PMCSG, Kinetic, and Kinetic’s toller to solicit relevant information and fully evaluate the request to revoke the Saccharin Order, as well as the arguments against revocation. On July 24, 2009, the Department issued a letter to Kinetic and its toller notifying them that the Department could not grant 2 See Notice of Antidumping Duty Order: Saccharin from the People’s Republic of China, 68 FR 40906 (June 9, 2003) (‘‘Saccharin Order’’). 3 See Continuation of Antidumping Duty Order on Saccharin from the People’s Republic of China, 74 FR 27089 (June 8, 2009). 4 Although Kinetic filed a letter opposing PMCSG’s request for changed circumstances review on July 2, 2009, the Department rejected that letter because it did not contain the appropriate certifications. The Department requested that Kinetic re-file its submission by July 10, 2009. On July 9, 2009, Kinetic refiled its submission with the appropriate certifications. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 proprietary treatment to the toll producer’s name if the toll producer wished to be an interested party to the proceeding, and that, should the toller wish to continue as an interested party, the toller would need to submit a revised notice of appearance without its name bracketed. The toller did not submit a revised notice of appearance. On August 17, 2009, the Department received questionnaire responses from Kinetic and Kinetic’s toller. The Department has not received any response from PMCSG. In addition, PMCSG indicated to the Department that it would not respond to the questionnaire.5 On September 4, 2009, Kinetic submitted a letter urging the Department to issue expedited negative preliminary results of the changed circumstances review and determine that domestic producers have affirmatively expressed an interest in maintaining the Saccharin Order. On October, 26 2009, PMCSG submitted a letter stating that it determined not to respond to the Department’s July 23, 2009, questionnaire, and that it is PMCSG’s position that the record contains substantial evidence that it is a commercial producer and accounts for all U.S. production. On December 1, 2009, the Department published its preliminary results. No parties commented on our preliminary results. Scope of the Order The product covered by this antidumping duty order is saccharin. Saccharin is defined as a non–nutritive sweetener used in beverages and foods, personal care products such as toothpaste, table top sweeteners, and animal feeds. It is also used in metalworking fluids. There are four primary chemical compositions of saccharin: (1) Sodium saccharin (American Chemical Society Chemical Abstract Service (‘‘CAS’’) Registry 128– 44–9); (2) calcium saccharin (CAS Registry 6485–34–3); (3) acid (or insoluble) saccharin (CAS Registry 81– 07–2); and (4) research grade saccharin. Most of the U.S.-produced and imported grades of saccharin from the PRC are sodium and calcium saccharin, which are available in granular, powder, spray–dried powder, and liquid forms. The merchandise subject to this order is currently classifiable under subheading 2925.11.00 of the Harmonized Tariff Schedule of the United States 5 See Memorandum to The File, ‘‘Changed Circumstances Review of Saccharin from the People’s Republic of China: Phone Call to Wiley Rein LLP’’ (August 28, 2009). E:\FR\FM\22FEN1.SGM 22FEN1

Agencies

[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Notices]
[Pages 7563-7566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3404]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products from India: Notice of Final Results 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 7, 2009, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
of the antidumping duty administrative review for certain lined paper 
products from India (CLPP). See Certain Lined Paper Products From 
India: Notice of Preliminary Results of Antidumping Duty Administrative 
Review, 74 FR 51558 (October 7, 2009) (Preliminary Results). This 
review covers 25 manufacturers and exporters of the subject 
merchandise.\1\ As a result of our analysis of the comments received, 
these final results differ from the Preliminary Results.
---------------------------------------------------------------------------

    \1\ On September 29, 2008, the Department received a timely 
request for an administrative review filed on behalf of Kejriwal 
Paper Limited (Kejriwal) and a timely request for an administrative 
review filed on behalf of Navneet Publications (India) Ltd., 
(Navneet). On September 30, 2008, the Department received a timely 
request for an administrative review of the following 25 companies, 
filed on behalf of the Association of American School Paper 
Suppliers (Petitioner), a domestic interested party: Agility 
Logistics Pvt. Ltd., Blue Bird (India) Limited (Blue Bird), Ceal 
Shipping Logistics Pvt. Ltd., Cello International Pvt. Ltd., 
Corporate Stationary Pvt. Ltd., Creative Divya, Exel India Pvt. 
Ltd., FFI International, Global Art India Inc., International 
Greetings Pvt. Ltd., Karim General Handmade Paper DIAR, Kejriwal 
Exports, M/S Super ImpEx., Magic International, Marigold ExIm Pvt. 
Ltd., Marisa International, Navneet, Pentagon Waterlines Pvt. Ltd., 
Pioneer Stationery Pvt. Ltd., Rajvansh International, Riddhi 
Enterprises, SAB International, TKS Overseas, Unlimited Accessories 
Worldwide, and V. Joshi Co.
---------------------------------------------------------------------------

    For our final results, we continue to find that Navneet and Blue 
Bird made sales of subject merchandise at less than normal value (NV). 
In addition, based on the final results for Navneet, we have determined 
a weighted-average margin for those companies that were not selected 
for individual review.

DATES: Effective Date:
    February 22, 2010.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Navneet, and non-
selected companies) and Cindy Robinson (Blue Bird), AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3692, (202) 482-3797, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 25, 2008, the Department selected Kejriwal and Blue 
Bird as companies to be individually examined in this second 
administrative review of the antidumping duty order on CLPP from India. 
See Memorandum to Melissa Skinner from George McMahon titled ``Certain 
Lined Paper Products from India: Selection of Respondents for 
Individual Review'' (Respondent Selection Memo), dated November 25, 
2008. On December 22, 2008, both Kejriwal and petitioner timely 
withdrew their requests for a review of Kejriwal. On January 9, 2009, 
after we determined that we would rescind the review with respect to 
Kejriwal, we selected Navneet as a mandatory respondent.
    On October 7, 2009, the Department published the Preliminary 
Results. As noted in the Preliminary Results, Blue Bird withheld 
requested information, significantly impeded the proceeding, and failed 
to cooperate to the best of its ability. Therefore, pursuant to 
sections 776(a)(2)(A) and (C) and 776(b) of the Tariff Act of 1930, as 
amended (the Act), the Department preliminarily determined that the use 
of facts available for Blue Bird was appropriate, and assigned a rate 
of 72.96 percent, which was based on the highest margin preliminarily 
calculated for Navneet in this review.

Comments from Interested Parties

    We invited parties to comment on our Preliminary Results. Case 
briefs were filed November 20, 2009, by Navneet, and Blue Bird; 
November 24, 2009, by petitioner; and on November 25, 2009, by 
IScholar, Inc., an importer of subject merchandise from respondent Blue 
Bird. On December 4, 2009, petitioner and Navneet filed rebuttal 
briefs.

Scope of the Order

    The scope of this order 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 loose leaf filler paper) including but not limited to 
such products as single- and multi-subject notebooks, composition 
books, wireless notebooks, loose leaf 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 order 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

[[Page 7564]]

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 order 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;
 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 order are the following 
trademarked products:
TM Fly 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 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).
 FiveStar[reg] AdvanceTM: 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] AdvanceTM (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 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 (products found to be bearing an invalidly 
licensed or used trademark are not excluded from the scope).
    Merchandise subject to this order is typically imported under 
headings 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 of the Harmonized Tariff Schedule of the United States 
(HTSUS). The HTSUS headings are provided for convenience and customs 
purposes; however, the written description of the scope of the order is 
dispositive.

Period of Review

    The period of review (POR) is September 1, 2007, through August 31, 
2008.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the accompanying Issues and 
Decision Memorandum, which is hereby adopted by this notice. A list of 
the issues which parties have raised, and to which we have responded in 
the Issues and Decision Memorandum, is attached to this notice as an 
Appendix. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues 
and Decision Memorandum are identical in content. As a result of 
comments received and our analysis, we have

[[Page 7565]]

made changes to the margin calculations.

Final Results of Review:

    We determine that the following weighted-average margins exist:

------------------------------------------------------------------------
                                                       Weighted Average
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Navneet Publications (India) Ltd....................                1.34
Blue Bird...........................................               72.03
------------------------------------------------------------------------

Review-Specific Average Rate Applicable to the 22 Non-Selected 
Companies Subject to This Review:

------------------------------------------------------------------------
                                                       Weighted Average
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Agility Logistics Pvt. Ltd..........................                1.34
Ceal Shipping Logistics Pvt. Ltd....................                1.34
Cello International Pvt. Ltd........................                1.34
Corporate Stationary Pvt. Ltd.......................                1.34
Creative Divya......................................                1.34
Exel India Pvt. Ltd.................................                1.34
FFI International...................................                1.34
Global Art India Inc................................                1.34
International Greetings Pvt. Ltd....................                1.34
Karim General Handmade Paper DIAR...................                1.34
M/S Super ImpEx.....................................                1.34
Magic International.................................                1.34
Marigold ExIm Pvt. Ltd..............................                1.34
Marisa International................................                1.34
Pentagon Waterlines Pvt. Ltd........................                1.34
Pioneer Stationery Pvt. Ltd.........................                1.34
Rajvansh International..............................                1.34
Riddhi Enterprises..................................                1.34
SAB International...................................                1.34
TKS Overseas........................................                1.34
Unlimited Accessories Worldwide.....................                1.34
V. Joshi Co.........................................                1.34
------------------------------------------------------------------------

Assessment Rates

    Pursuant to these final results, the Department has determined, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we 
calculated importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of the antidumping margins calculated for 
the examined sales to the total entered value of the examined sales for 
that importer. Where the assessment rate is above de minimis, we will 
instruct CBP to assess duties on all entries of subject merchandise by 
that importer. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP 
to liquidate without regard to antidumping duties any entries for which 
the assessment rate is de minimis (i.e., less than 0.50 percent). The 
Department intends to issue assessment instructions directly to CBP 15 
days after publication of the final results of this review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954, (May 6, 2003) 
(Assessment Policy Notice). This clarification applies to POR entries 
of subject merchandise produced by companies examined in this review 
(i.e., companies for which a dumping margin was calculated) where the 
companies did not know that their merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the 3.91 percent all-others rate for India if 
there is no company-specific rate for an intermediary company(ies) 
involved in the transaction. 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) 
(Lined Paper Orders). See also Assessment Policy Notice, 68 FR at 
23954.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of these final results for all shipments of CLPP from India 
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) of the Act: (1) for companies covered by 
this review, the cash deposit rate will be the rate listed above; (2) 
for previously reviewed or investigated companies other than those 
covered by this review, the cash deposit rate will be the company-
specific rate established 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 investigation, but the producer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the subject merchandise; and (4) if neither the 
exporter nor the producer is a firm covered in this review, a prior 
review, or the investigation, the cash deposit rate will be 3.91 
percent, the all-others rate established in the less-than-fair-value 
investigation. These deposit requirements, when imposed, shall remain 
in effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent increase in antidumping duties by the amount of 
antidumping and/or countervailing duties reimbursed.
    This notice also serves as a final 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 entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.  See 19 CFR 351.402(f)(3).

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 7566]]


    Dated: February 4, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

APPENDIX I

List of Comments in the Accompanying Issues and Decision Memorandum

Company-Specific Issues

Blue Bird

IScholar

Comment 1: Whether the Transaction-Specific Margin Assigned to Blue 
Bird Is Aberrational

Navneet

Comment 2: Whether to Use the Invoice Date or Purchase Order Date for 
U.S. Sales
Comment 3: Navneet's Model Match Sub-Codes
Comment 4: Offset of Countervailing Duty Duties
Comment 5: Levels of Trade
Comment 6: Treatment of Merchandising Expense
Comment 7: Treatment of Negative Dumping Margins (Zeroing)

[FR Doc. 2010-3404 Filed 2-19-10; 8:45 am]
BILLING CODE 3510-DS-S