Certain Lined Paper Products From India: Notice of Final Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review, 10876-10879 [2011-4392]
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10876
Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices
results of the administrative review of
chlorinated isos from the PRC within
this time limit. Specifically, due to
additional time needed to review the
first supplemental questionnaire
response and to issue further
supplemental questionnaires, we find
that additional time is needed to
complete these preliminary results.
Therefore, in accordance with section
751(a)(3)(A) of the Act, the Department
is extending the time period for
completion of the preliminary results of
this review from 245 days to 365 days;
from March 2, 2011 until June 30, 2011.
This notice is issued and published in
accordance with sections 751(a)(3)(A)
and 777(i)(1) of the Act.
Dated: February 22, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
2009, petitioner timely withdrew its
request for a review of Blue Bird (India)
Limited (Blue Bird). Therefore, we are
rescinding this review with respect to
Blue Bird.
As a result of our analysis of the
comments received, these final results
differ from the Preliminary Results.
For our final results, we continue to
find that Navneet did not make sales of
subject merchandise at less than normal
value (NV) (i.e., sales were made at de
minimis dumping margins). We also
find that U.S. sales have not been made
below NV by Super Impex. In addition,
based on the final results for Super
Impex, we have determined that the 29
remaining non-selected companies will
receive the non-selected respondent rate
from the previous review.
DATES: Effective Date: February 28,
2011.
[FR Doc. 2011–4397 Filed 2–25–11; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–DS–P
Stephanie Moore (Navneet) and Cindy
Robinson (Super Impex), 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:
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–843]
Certain Lined Paper Products From
India: Notice of Final Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Antidumping Duty Administrative
Review
Background
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 21, 2010, 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, 75 FR
64988 (October 21, 2010) (Preliminary
Results). This review covers 31
manufacturers and exporters of the
subject merchandise.1 On October 26,
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AGENCY:
1 On September 30, 2009, the Department
received a timely request to conduct an
administrative review of the following 32
companies: Abhinav Paper Products Pvt. Ltd.;
American Scholar, Inc., and/or I–Scholar;
Ampoules & Vials Mfg. Co., Ltd.; Bafna Exports;
Cello International Pvt. Ltd (M/S Cello Paper
Products); Creative Divya; Corporate Stationery Pvt.
Ltd.; D.D. International; Exmart International Pvt.
Ltd.; Fatechand Mahendrakumar; FFI International;
Freight India Logistics Pvt. Ltd.; International
Greetings Pvt. Ltd.; Lodha Offset Limited; Magic
International Pvt. Ltd.; Marigold ExIm Pvt. Ltd.;
Marisa International; Navneet Publications (India)
Ltd.; Paperwise Inc.; Pioneer Stationery Pvt. Ltd.;
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On January 29, 2010, the Department
selected Navneet and Super Impex as
companies to be individually examined
in this administrative review of the
antidumping duty order on CLPP from
India. See Memorandum to Melissa
Skinner, Director, Office 3 Through
James Terpstra, Program Manager,
Office 3 from Stephanie Moore, Case
Analyst titled ‘‘Antidumping Duty
Administrative Review of Certain Lined
Paper Products from India: Selection of
Respondents for Individual Review’’
(Respondent Selection Memo), dated
January 29, 2010.
As stated in the Preliminary Results,
on October 26, 2009, petitioner timely
withdrew its request for a review of
Blue Bird. Pursuant to 19 CFR
351.213(d)(1), the Secretary will rescind
an administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation of the requested
review. The instant review was initiated
Premier Exports; Riddhi Enterprises; SAB
International; SAR Transport Systems; Seet Kamal
International; Solitaire Logistics Pvt. Ltd. (Eternity
Int’l Freight, forwarder on behalf of Solitaire
Logistics Pvt. Ltd.); Sonal Printers Pvt. Ltd.; Super
Impex; Swati Growth Funds Ltd.; V & M; and Yash
Laminates.
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on October 26, 2009. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 74 FR 54956
(October 26, 2009) (Initiation Notice).
The petitioner’s withdrawal of request
for a review of Blue Bird falls within the
90-day deadline for rescission by the
Department, and no other party
requested an administrative review of
this particular respondent. Therefore, in
accordance with 19 CFR 351.213(d)(1),
and consistent with our practice, we are
rescinding this review with respect to
Blue Bird. See, e.g., Lightweight
Thermal Paper from Germany: Notice of
Partial Rescission of Antidumping Duty
Administrative Review, 75 FR 11135
(March 10, 2010).
On October 21, 2010, the Department
published the Preliminary Results. On
October 25, 2010, petitioner submitted
additional factual information obtained
from the Web site https://
www.cellopapers.com/ruled-plainpapers.html, pursuant to 19 CFR
351.301(b)(2).
Comments From Interested Parties
We invited parties to comment on our
Preliminary Results. Case briefs were
filed on November 18, 2010, by Super
Impex and on November 23, 2010, by
petitioner and Navneet. On December
13 and 14, 2010, Super Impex and
petitioner, respectively, 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
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Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices
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
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;
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18:30 Feb 25, 2011
Jkt 223001
• 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:
• 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 speciallydeveloped 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 ®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
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10877
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 ®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 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.
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10878
Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices
Period of Review
The period of review (POR) is
September 1, 2008, through August 31,
2009.
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 (I&D Memo), 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
I&D Memo can be accessed directly on
the Internet at https://ia.ita.doc.gov/frn.
The paper copy and electronic version
of the I&D Memo are identical in
content.
Changes Since the Preliminary Results
Based on comments received from the
interested parties, we have made the
following company-specific changes to
Super Impex’s margin calculation: (1)
The Department relied solely on Blue
Bird’s financial statement for the year
2008–2009 submitted by Super Impex
on July 7, 2010, to calculate the selling
expenses and profit ratios for Super
Impex; (2) the Department revised its
SAS programming language by directly
inputting a formula to derive the
countervailing duty (CVD) offsets, rather
than using the CVD amounts reported
by Super Impex; and (3) the Department
revised its SAS programming by
including commissions as the only
direct selling expense in the
circumstance of sales adjustment. See
I&D Memo and the Analysis
Memorandum to File through James
Terpstra, Program Manager, from Cindy
Robinson for Super Impex Regarding
‘‘Final Results of Antidumping Duty
Administrative Review of Certain Lined
Paper Products from India,’’ dated
February 18, 2011, for further details.
Final Results of Review
We determine that the following
weighted-average margins exist:
srobinson on DSKHWCL6B1PROD with NOTICES
Exporter
Navneet Publications
(India) Ltd.
Super Impex ..................
Weighted average
margin
(percent)
0.43 (de minimis)
0.28 (de minimis)
Review-Specific Average Rate
Applicable to the 29 Non-Selected
Companies Subject to This Review: Our
normal practice is to base this rate on
the margins calculated for those
companies that were selected for
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18:30 Feb 25, 2011
Jkt 223001
individual review, excluding de
minimis margins or margins based
entirely on adverse facts available.
However, in this review, we only have
de minimis margins for the companies
selected for individual review.
Accordingly, we determine that the
most appropriate margin available for us
to use for the non-selected companies in
this review is the average of the
margins, other than those which are
zero, de minimis, or based on total facts
available, that we found for the most
recent period in which there were such
margins. Therefore, the margin we have
assigned to the 29 non-selected
companies for the final results of this
administrative review is 1.34 percent.2
(Certain Lined Paper Products from
India: Notice of Final Results of
Antidumping Duty Administrative
Review 75 FR 7563 (February 22, 2010).
Weighted
average
margin
(percent)
Exporter
Abhinav Paper Products Pvt. Ltd
American Scholar, Inc. and/or I–
Scholar ....................................
Ampoules & Vials Mfg. Co. Ltd ..
Bafna Exports .............................
Cello International Pvt. Ltd. (M/S
Cello Paper Products) .............
Corporate Stationary Pvt. Ltd .....
Creative Divya ............................
D.D. International ........................
Exmart International Pvt. Ltd ......
Fatechand Mahendrakumar .......
FFI International .........................
Freight India Logistics Pvt. Ltd ...
International Greetings Pvt. Ltd ..
Lodha Offset Limited ..................
Magic International .....................
Marigold ExIm Pvt. Ltd ...............
Marisa International ....................
Paperwise Inc .............................
Pioneer Stationery Pvt. Ltd ........
Premier Exports ..........................
Riddhi Enterprises ......................
SAB International ........................
Sar Transport Systems ...............
Seet Kamal International ............
Solitaire Logistics Pvt. Ltd. (Eternity Int’l Freight, forwarder on
behalf of Solitaire Logistics
Pvt. Ltd.) ..................................
Sonal Printers Pvt Ltd ................
Swati Growth Funds Ltd .............
V & M ..........................................
Yash Laminates ..........................
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
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
Assessment Rates
Pursuant to these final results, the
Department has determined, and U.S.
Customs and Border Protection (CBP)
2 This rate is based on the margins calculated for
those companies that were selected for individual
review, excluding de minimis margins or margins
based entirely on adverse facts available, in the
most recently completed segment of this
proceeding.
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shall assess, antidumping duties on all
appropriate entries. Pursuant to 19 CFR
351.212(b)(1), we calculated importerspecific 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
rates listed above; (2) for previously
reviewed or investigated companies
other than those covered by this review,
the cash deposit rate will be the
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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-thanfair-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-fairvalue 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.
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.
srobinson on DSKHWCL6B1PROD with NOTICES
Dated: February 18, 2011.
Ronald K Lorentzen,
Deputy Assistant Secretary for Import
Administration.
APPENDIX I
List of Comments in the Accompanying
Issues and Decision Memorandum
Company-Specific Issues
Super Impex
Comment 1: Methodology for Calculations of
Interest, Selling, General &
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Administrative (G&A) Expenses, and
Profit
Comment 2: Whether to Include Cello
Writing Instruments & Containers Private
Ltd. (Cello)’s Financial Data
Comment 3: Financial Statement(s) for Use in
Determining Constructed Value (CV)
Selling Expenses and Profit
Comment 4: Simple Average versus Weighted
Average
Comment 5: Selling Expenses and
Circumstances of Sales (COS)
Adjustment in a CV Scenario
Comment 6: Calculation of Countervailing
Duty (CVD) Adjustment
Navneet
Comment 7: Whether the Department Used
the Revised Sales Databases
Comment 8: Navneet’s Model Match SubCodes
Comment 9: Treatment of Merchandising
Expense
Comment 10: Treatment of Negative
Dumping Margins (Zeroing)
[FR Doc. 2011–4392 Filed 2–25–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Extension of
Time Limits for the Preliminary Results
of Fourteenth Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang or George McMahon, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Ave, NW., Washington, DC 20230;
telephone: (202) 482–1168 and (202)
482–1167, respectively.
AGENCY:
Background
On August 31, 2010, the U.S.
Department of Commerce
(‘‘Department’’) published a notice of
initiation of the administrative review of
the antidumping duty order on certain
pasta from Italy, covering the period
July 1, 2009, to June 30, 2010. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 75 FR 53274 (August 31, 2010).
The preliminary results of this review
are currently due no later than April 2,
2011.
Extension of Time Limit of Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
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10879
requires the Department to make a
preliminary determination within 245
days after the last day of the anniversary
month of an order for which a review
is requested. Section 751(a)(3)(A) of the
Act further states that if it is not
practicable to complete the review
within the time period specified, the
administering authority may extend the
245 day period to issue its preliminary
results by up to 120 days.
We determine that completion of the
preliminary results of this review within
the 245 day period is not practicable for
the following reasons. This review
requires the Department to gather and
analyze a significant amount of
information pertaining to the company’s
sales practices, manufacturing costs,
corporate relationships and an
examination of a particular market
situation allegation filed by petitioners.1
Given the number and complexity of
issues in this case, and in accordance
with section 751(a)(3)(A) of the Act, we
are extending the time period for issuing
the preliminary results of review by 120
days. The preliminary results will now
be due no later than August 1, 2011, the
first business day following 120 days
from the current deadline. See Notice of
Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to
the Tariff Act of 1930, as Amended, 70
FR 24533 (May 10, 2005). The final
results continue to be due 120 days after
the publication of the preliminary
results.
This notice is issued and published in
accordance with sections 751(a)(3)(A)
and 777(i)(1) of the Act.
Dated: February 18, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–4394 Filed 2–25–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Rescission of Antidumping Duty
Administrative Review in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
AGENCY:
1 Petitioners consist of New World Pasta
Company, Dakota Growers Pasta Company, and
American Italian Pasta Company.
E:\FR\FM\28FEN1.SGM
28FEN1
]]>Agencies
[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Notices]
[Pages 10876-10879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4392]
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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 and Partial Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 21, 2010, 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, 75 FR 64988 (October 21, 2010) (Preliminary Results). This
review covers 31 manufacturers and exporters of the subject
merchandise.\1\ On October 26, 2009, petitioner timely withdrew its
request for a review of Blue Bird (India) Limited (Blue Bird).
Therefore, we are rescinding this review with respect to Blue Bird.
---------------------------------------------------------------------------
\1\ On September 30, 2009, the Department received a timely
request to conduct an administrative review of the following 32
companies: Abhinav Paper Products Pvt. Ltd.; American Scholar, Inc.,
and/or I-Scholar; Ampoules & Vials Mfg. Co., Ltd.; Bafna Exports;
Cello International Pvt. Ltd (M/S Cello Paper Products); Creative
Divya; Corporate Stationery Pvt. Ltd.; D.D. International; Exmart
International Pvt. Ltd.; Fatechand Mahendrakumar; FFI International;
Freight India Logistics Pvt. Ltd.; International Greetings Pvt.
Ltd.; Lodha Offset Limited; Magic International Pvt. Ltd.; Marigold
ExIm Pvt. Ltd.; Marisa International; Navneet Publications (India)
Ltd.; Paperwise Inc.; Pioneer Stationery Pvt. Ltd.; Premier Exports;
Riddhi Enterprises; SAB International; SAR Transport Systems; Seet
Kamal International; Solitaire Logistics Pvt. Ltd. (Eternity Int'l
Freight, forwarder on behalf of Solitaire Logistics Pvt. Ltd.);
Sonal Printers Pvt. Ltd.; Super Impex; Swati Growth Funds Ltd.; V &
M; and Yash Laminates.
---------------------------------------------------------------------------
As a result of our analysis of the comments received, these final
results differ from the Preliminary Results.
For our final results, we continue to find that Navneet did not
make sales of subject merchandise at less than normal value (NV) (i.e.,
sales were made at de minimis dumping margins). We also find that U.S.
sales have not been made below NV by Super Impex. In addition, based on
the final results for Super Impex, we have determined that the 29
remaining non-selected companies will receive the non-selected
respondent rate from the previous review.
DATES: Effective Date: February 28, 2011.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Navneet) and Cindy
Robinson (Super Impex), 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 January 29, 2010, the Department selected Navneet and Super
Impex as companies to be individually examined in this administrative
review of the antidumping duty order on CLPP from India. See Memorandum
to Melissa Skinner, Director, Office 3 Through James Terpstra, Program
Manager, Office 3 from Stephanie Moore, Case Analyst titled
``Antidumping Duty Administrative Review of Certain Lined Paper
Products from India: Selection of Respondents for Individual Review''
(Respondent Selection Memo), dated January 29, 2010.
As stated in the Preliminary Results, on October 26, 2009,
petitioner timely withdrew its request for a review of Blue Bird.
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation of the requested review. The
instant review was initiated on October 26, 2009. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 74 FR 54956 (October 26, 2009) (Initiation
Notice). The petitioner's withdrawal of request for a review of Blue
Bird falls within the 90-day deadline for rescission by the Department,
and no other party requested an administrative review of this
particular respondent. Therefore, in accordance with 19 CFR
351.213(d)(1), and consistent with our practice, we are rescinding this
review with respect to Blue Bird. See, e.g., Lightweight Thermal Paper
from Germany: Notice of Partial Rescission of Antidumping Duty
Administrative Review, 75 FR 11135 (March 10, 2010).
On October 21, 2010, the Department published the Preliminary
Results. On October 25, 2010, petitioner submitted additional factual
information obtained from the Web site https://www.cellopapers.com/ruled-plain-papers.html, pursuant to 19 CFR 351.301(b)(2).
Comments From Interested Parties
We invited parties to comment on our Preliminary Results. Case
briefs were filed on November 18, 2010, by Super Impex and on November
23, 2010, by petitioner and Navneet. On December 13 and 14, 2010, Super
Impex and petitioner, respectively, 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
[[Page 10877]]
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 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:
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 [supreg]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 [supreg]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 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.
[[Page 10878]]
Period of Review
The period of review (POR) is September 1, 2008, through August 31,
2009.
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 (I&D Memo), 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 I&D Memo
can be accessed directly on the Internet at https://ia.ita.doc.gov/frn.
The paper copy and electronic version of the I&D Memo are identical in
content.
Changes Since the Preliminary Results
Based on comments received from the interested parties, we have
made the following company-specific changes to Super Impex's margin
calculation: (1) The Department relied solely on Blue Bird's financial
statement for the year 2008-2009 submitted by Super Impex on July 7,
2010, to calculate the selling expenses and profit ratios for Super
Impex; (2) the Department revised its SAS programming language by
directly inputting a formula to derive the countervailing duty (CVD)
offsets, rather than using the CVD amounts reported by Super Impex; and
(3) the Department revised its SAS programming by including commissions
as the only direct selling expense in the circumstance of sales
adjustment. See I&D Memo and the Analysis Memorandum to File through
James Terpstra, Program Manager, from Cindy Robinson for Super Impex
Regarding ``Final Results of Antidumping Duty Administrative Review of
Certain Lined Paper Products from India,'' dated February 18, 2011, for
further details.
Final Results of Review
We determine that the following weighted-average margins exist:
------------------------------------------------------------------------
Weighted average margin
Exporter (percent)
------------------------------------------------------------------------
Navneet Publications (India) Ltd...... 0.43 (de minimis)
Super Impex........................... 0.28 (de minimis)
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the 29 Non-Selected
Companies Subject to This Review: Our normal practice is to base this
rate on the margins calculated for those companies that were selected
for individual review, excluding de minimis margins or margins based
entirely on adverse facts available. However, in this review, we only
have de minimis margins for the companies selected for individual
review. Accordingly, we determine that the most appropriate margin
available for us to use for the non-selected companies in this review
is the average of the margins, other than those which are zero, de
minimis, or based on total facts available, that we found for the most
recent period in which there were such margins. Therefore, the margin
we have assigned to the 29 non-selected companies for the final results
of this administrative review is 1.34 percent.\2\ (Certain Lined Paper
Products from India: Notice of Final Results of Antidumping Duty
Administrative Review 75 FR 7563 (February 22, 2010).
---------------------------------------------------------------------------
\2\ This rate is based on the margins calculated for those
companies that were selected for individual review, excluding de
minimis margins or margins based entirely on adverse facts
available, in the most recently completed segment of this
proceeding.
------------------------------------------------------------------------
Weighted
average
Exporter margin
(percent)
------------------------------------------------------------------------
Abhinav Paper Products Pvt. Ltd............................. 1.34
American Scholar, Inc. and/or I-Scholar..................... 1.34
Ampoules & Vials Mfg. Co. Ltd............................... 1.34
Bafna Exports............................................... 1.34
Cello International Pvt. Ltd. (M/S Cello Paper Products).... 1.34
Corporate Stationary Pvt. Ltd............................... 1.34
Creative Divya.............................................. 1.34
D.D. International.......................................... 1.34
Exmart International Pvt. Ltd............................... 1.34
Fatechand Mahendrakumar..................................... 1.34
FFI International........................................... 1.34
Freight India Logistics Pvt. Ltd............................ 1.34
International Greetings Pvt. Ltd............................ 1.34
Lodha Offset Limited........................................ 1.34
Magic International......................................... 1.34
Marigold ExIm Pvt. Ltd...................................... 1.34
Marisa International........................................ 1.34
Paperwise Inc............................................... 1.34
Pioneer Stationery Pvt. Ltd................................. 1.34
Premier Exports............................................. 1.34
Riddhi Enterprises.......................................... 1.34
SAB International........................................... 1.34
Sar Transport Systems....................................... 1.34
Seet Kamal International.................................... 1.34
Solitaire Logistics Pvt. Ltd. (Eternity Int'l Freight, 1.34
forwarder on behalf of Solitaire Logistics Pvt. Ltd.)......
Sonal Printers Pvt Ltd...................................... 1.34
Swati Growth Funds Ltd...................................... 1.34
V & M....................................................... 1.34
Yash Laminates.............................................. 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 rates listed above; (2)
for previously reviewed or investigated companies other than those
covered by this review, the cash deposit rate will be the
[[Page 10879]]
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.
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.
Dated: February 18, 2011.
Ronald K Lorentzen,
Deputy Assistant Secretary for Import Administration.
APPENDIX I
List of Comments in the Accompanying Issues and Decision
Memorandum
Company-Specific Issues
Super Impex
Comment 1: Methodology for Calculations of Interest, Selling,
General & Administrative (G&A) Expenses, and Profit
Comment 2: Whether to Include Cello Writing Instruments & Containers
Private Ltd. (Cello)'s Financial Data
Comment 3: Financial Statement(s) for Use in Determining Constructed
Value (CV) Selling Expenses and Profit
Comment 4: Simple Average versus Weighted Average
Comment 5: Selling Expenses and Circumstances of Sales (COS)
Adjustment in a CV Scenario
Comment 6: Calculation of Countervailing Duty (CVD) Adjustment
Navneet
Comment 7: Whether the Department Used the Revised Sales Databases
Comment 8: Navneet's Model Match Sub-Codes
Comment 9: Treatment of Merchandising Expense
Comment 10: Treatment of Negative Dumping Margins (Zeroing)
[FR Doc. 2011-4392 Filed 2-25-11; 8:45 am]
BILLING CODE 3510-DS-P
