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]

Download as PDF 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, srobinson on DSKHWCL6B1PROD with NOTICES 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.; VerDate Mar<15>2010 18:30 Feb 25, 2011 Jkt 223001 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. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 http:// 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 E:\FR\FM\28FEN1.SGM 28FEN1 srobinson on DSKHWCL6B1PROD with NOTICES 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; VerDate Mar<15>2010 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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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. E:\FR\FM\28FEN1.SGM 28FEN1 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 http://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 VerDate Mar<15>2010 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\28FEN1.SGM 28FEN1 Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices 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 & VerDate Mar<15>2010 18:30 Feb 25, 2011 Jkt 223001 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’’), PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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.
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    \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.
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    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 http://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 http://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