Certain Lined Paper Products From India: Notice of Final Results of Antidumping Duty Administrative Review, 14729-14732 [2012-6082]
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices
DEPARTMENT OF COMMERCE
Agenda and Notice of Public Meeting
of the Ohio Advisory Committee
International Trade Administration
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should contact Carolyn Allen,
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COMMISSION ON CIVIL RIGHTS
Certain Lined Paper Products From
India: Notice of Final Results of
Antidumping Duty Administrative
Review
Dated in Washington, DC, March 7, 2012.
Peter Minarik,
Acting Chief, Regional Programs
Coordination Unit.
[FR Doc. 2012–5948 Filed 3–12–12; 8:45 am]
BILLING CODE 6335–01–P
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Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 7, 2011, 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).1 This review covers 35
manufacturers and exporters of the
subject merchandise,2 including
Navneet Publications (India) Limited
(Navneet) and Riddhi Enterprises
(Riddhi), for the period September 1,
2009, through August 31, 2010. As a
result of our analysis of the comments
received, these final results differ from
the Preliminary Results. On February 3,
2012, the Department extended the final
results of this review from February 6,
2012, to March 5, 2012.3
For our final results, we continue to
find that Navneet and Riddhi have made
sales of subject merchandise at less than
normal value (NV). In addition, based
on these final results for Navneet and
Riddhi, we have determined that the 33
remaining non-selected companies will
receive the weighted-average nonselected respondent rate as calculated in
these final results.
DATES: Effective Date: March 13, 2012.
AGENCY:
1 See Certain Lined Paper Products From India:
Notice of Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 62343 (October 7,
2011) (Preliminary Results).
2 The Department received a timely request to
conduct an administrative review of the following
35 companies: Abhinav Paper Products Pvt. Ltd.;
American Scholar, Inc. and/or I-Scholar; Ampoules
& Vials Mfg. Co. Ltd.; AR Printing & Packaging
(India) Pvt.; Bafna Exports; Cello International Pvt.
Ltd. (M/S Cello Paper Products); Corporate
Stationery Pvt. Ltd.; Creative Divya; D.D
International; Exel India (Pvt.) Ltd.; Exmart
International Pvt. Ltd.; Fatechand Mahendrakumar;
FFI International; Freight India Logistics Pvt. Ltd.;
International Greetings Pvt. Ltd.; Kejriwal Paper
Ltd., and Kejriwal Exports; Lodha Offset Limited;
Magic International Pvt Ltd.; Marigold ExIm Pvt.
Ltd.; Marisa International; Navneet Publications
(India) Ltd.; Orient Press Ltd.; Paperwise Inc.;
Pioneer Stationery Pvt. Ltd.; Premier Exports;
Rajvansh International; Riddhi Enterprises; SAB
International; Sar Transport Systems; Seet Kamal
International; Sonal Printers Pvt Ltd; Super Impex;
Swati Growth Funds Ltd.; V & M; and Yash
Laminates.
3 See Certain Lined Paper Products From India:
Notice of Extension of Time Limit for the Final
Results of Antidumping Duty Administrative
Review, 77 FR 5486 (February 3, 2012).
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FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (Navneet) and George
McMahon (Riddhi), 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–
1167, respectively.
SUPPLEMENTARY INFORMATION:
Comments From Interested Parties
We invited parties to comment on our
Preliminary Results. Riddhi submitted a
case brief on November 4, 2011, and the
petitioner and Navneet submitted case
briefs on November 7, 2011,
respectively. On November 14, 2011,
Navneet filed a rebuttal brief. On
November 15, 2011, the petitioner filed
a rebuttal brief. The petitioner filed a
letter on December 14, 2011, requesting
that the Department reject Navneet’s
rebuttal brief claiming it included
untimely filed new factual information.
The Department found that Navneet did
in fact, include certain untimely filed
factual information in its rebuttal brief
and rejected this brief on December 16,
2011.4 Pursuant to the Department’s
letter of December 16, 2011, Navneet refiled its rebuttal brief on December 23,
2011, to exclude the untimely filed
factual information.5
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
4 See the Department’s letter to Navneet, titled
‘‘Rejection of Rebuttal Brief with Untimely Filed
New Factual Information,’’ dated December 16,
2011; see also Memo from George McMahon to the
File titled, ‘‘Rejection of Submission Due to
Untimely Filed New Factual Information,’’ dated
December 16, 2011.
5 Pursuant to 19 CFR 351.301(b) and (c), parties
in this administrative review may only file factual
information (1) up to 140 days after the last day of
the anniversary month of the review, (2) in response
to Departmental requests, or (3) within 10 days after
the submission of factual information by another
party pursuant to the 140-day deadline or a
Departmental request. Accordingly, based on these
rules, new factual information is not permitted in
case and rebuttal briefs. See, e.g., Stainless Steel Bar
from India: Final Results of the Antidumping Duty
Administrative Review, and Revocation of the
Order, in Part, 76 FR 56401, 56402 (September 13,
2011).
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices
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 83⁄4 inches to 15
inches (inclusive). Page dimensions are
measured size (not advertised, stated, or
‘‘tear-out’’ size), and are measured as
they appear in the product (i.e., stitched
and folded pages in a notebook are
measured by the size of the page as it
appears in the notebook page, not the
size of the unfolded paper). However,
for measurement purposes, pages with
tapered or rounded edges shall be
measured at their longest and widest
points. Subject lined paper products
may be loose, packaged or bound using
any binding method (other than case
bound through the inclusion of binders
board, a spine strip, and cover wrap).
Subject merchandise may or may not
contain any combination of a front
cover, a rear cover, and/or backing of
any composition, regardless of the
inclusion of images or graphics on the
cover, backing, or paper. Subject
merchandise is within the scope of this
order whether or not the lined paper
and/or cover are hole punched, drilled,
perforated, and/or reinforced. Subject
merchandise may contain accessory or
informational items including but not
limited to pockets, tabs, dividers,
closure devices, index cards, stencils,
protractors, writing implements,
reference materials such as
mathematical tables, or printed items
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;
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• 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:
• FlyTM lined paper products: A
notebook, notebook organizer, loose or
glued note paper, with papers that are
printed with infrared reflective inks and
readable only by a FlyTM pen-top
computer. The product must bear the
valid trademark FlyTM (products found
to be bearing an invalidly licensed or
used trademark are not excluded from
the scope).
• ZwipesTM: A notebook or notebook
organizer made with a blended
polyolefin writing surface as the cover
and pocket surfaces of the notebook,
suitable for writing using a speciallydeveloped permanent marker and erase
system (known as a ZwipesTM pen).
This system allows the marker portion
to mark the writing surface with a
permanent ink. The eraser portion of the
marker dispenses a solvent capable of
solubilizing the permanent ink allowing
the ink to be removed. The product
must bear the valid trademark ZwipesTM
(products found to be bearing an
invalidly licensed or used trademark are
not excluded from the scope).
• FiveStar®AdvanceTM: A notebook
or notebook organizer bound by a
continuous spiral, or helical, wire and
with plastic front and rear covers made
of a blended polyolefin plastic material
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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 23⁄8″ from the top of the front
plastic cover and provides pen or pencil
storage. Both ends of the spiral wire are
cut and then bent backwards to overlap
with the previous coil but specifically
outside the coil diameter but inside the
polyester covering. During construction,
the polyester covering is sewn to the
front and rear covers face to face
(outside to outside) so that when the
book is closed, the stitching is
concealed from the outside. Both free
ends (the ends not sewn to the cover
and back) are stitched with a turned
edge construction. The flexible
polyester material forms a covering over
the spiral wire to protect it and provide
a comfortable grip on the product. The
product must bear the valid trademarks
FiveStar®AdvanceTM (products found to
be bearing an invalidly licensed or used
trademark are not excluded from the
scope).
• FiveStar FlexTM: A notebook, a
notebook organizer, or binder with
plastic polyolefin front and rear covers
joined by 300 denier polyester spine
cover extending the entire length of the
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 FlexTM (products
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices
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.
Stephanie Moore for Navneet Regarding
‘‘Final Results of Antidumping Duty
Administrative Review of Certain Lined
Paper Products from India,’’ dated
concurrent with this notice, for further
details.
Final Results of Review:
We determine that the following
weighted-average margins exist:
Period of Review
The period of review (POR) is
September 1, 2009, through August 31,
2010.
Review-Specific Average Rate 6
Applicable to the 33 Non-Selected
Companies Subject to This Review:
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Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the ‘‘Issues and Decision Memorandum
for the Final Results in the Fourth
Antidumping Duty Order
Administrative Review of Certain Lined
Paper Products from India (2009–
2010),’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for
Import Administration, (‘‘Issues and
Decision Memorandum’’), dated
concurrently with this notice and 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.
The Issues and Decision Memorandum
is a public document and is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available in
the Central Records Unit, main
Commerce Building, Room 7046. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
https://ia.ita.doc.gov/frn/. The signed
Issues and Decision Memorandum and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on comments received from the
interested parties, we have made
company-specific changes to Navneet’s
margin calculation. See Issues and
Decision Memorandum and the
Analysis Memorandum to File through
James Terpstra, Program Manager, from
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Manufacturer/Exporter
Weighted
average
margin
(percent)
Navneet Publications (India) Ltd
Riddhi Enterprises ......................
Manufacturer/Exporter
Abhinav Paper Products Pvt. Ltd
American Scholar, Inc. and/or IScholar ....................................
Ampoules & Vials Mfg. Co. Ltd ..
AR Printing & Packaging (India)
Pvt ...........................................
Bafna Exports .............................
Cello International Pvt. Ltd. (M/S
Cello Paper Products) .............
Corporate Stationary Pvt. Ltd .....
Creative Divya ............................
D.D International .........................
Exel India (Pvt.) Ltd ....................
Exmart International Pvt. Ltd ......
Fatechand Mahendrakumar .......
FFI International .........................
Freight India Logistics Pvt. Ltd ...
International Greetings Pvt. Ltd ..
Kejriwal Paper Ltd., and Kejriwal
Exports ....................................
Lodha Offset Limited ..................
Magic International .....................
Marigold ExIm Pvt. Ltd ...............
Marisa International ....................
Orient Press Ltd .........................
Paperwise Inc .............................
Pioneer Stationery Pvt. Ltd ........
Premier Exports ..........................
Rajvansh International ................
SAB International ........................
Sar Transport Systems ...............
Seet Kamal International ............
Super Impex ...............................
Sonal Printers Pvt Ltd ................
Swati Growth Funds Ltd .............
V & M ..........................................
Yash Laminates ..........................
2.70
3.58
Weighted
average
margin
(percent)
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
14731
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 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
6 This
rate is a weighted-average percentage
margin (calculated based on the publicly ranged
U.S. quantities of the two reviewed companies with
an affirmative dumping margin) for the period
September 1, 2009, through August 31, 2010. See
Memorandum to the File, titled, ‘‘Certain Lined
Paper Products from India: Margin for Respondents
Not Selected for Individual Examination,’’ from
George McMahon and Stephanie Moore, Case
Analysts, through James Terpstra, Program
Manager, dated concurrent with this notice.
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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
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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
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.
A. General Issue
Comment 1: Treatment of Negative
Dumping Margins (Zeroing)
B. Company Specific Issues
Comment 2: Whether to use Navneet’s
Purchase Order Date for its U.S. Sales
Comment 3: Whether to Recalculate
Navneet’s Imputed Credit Expenses
Comment 4: Whether to Adjust Navneet’s
Cost of Manufacturing
Comment 5: Treatment of Navneet’s
Canvassing Expenses as a Direct Selling
Expense
Comment 6: Whether to make an Excise
Tax Adjustment for Navneet
Comment 7: Whether to Modify Navneet’s
Cost Calculation Data
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.
[A–570–979]
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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: March 5, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
APPENDIX I
List of Comments in the Accompanying
Issues and Decision Memorandum:
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Postponement of Preliminary
Determination of Antidumping Duty
Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: March 13, 2012.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen or Drew Jackson, AD/CVD
Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–2769 or (202) 482–
4406, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Postponement of Preliminary
Determination
On November 16, 2011, the
Department of Commerce
(‘‘Department’’) published a notice of
initiation of an antidumping duty
investigation of crystalline silicon
photovoltaic cells, whether or not
assembled into modules, from the
People’s Republic of China.1 The period
of investigation is April 1, 2011, through
September 30, 2011. The notice of
initiation stated that, unless postponed,
the Department would issue its
preliminary determination for this
investigation no later than 140 days
after the date of the initiation in
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Initiation of
Antidumping Duty Investigation, 76 FR 70960
(November 16, 2011).
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accordance with section 773(b)(1)(A) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.205(b)(1). The
preliminary determination of the
antidumping duty investigation is
currently due no later than March 27,
2012.
On March 2, 2012, SolarWorld
Industries America Inc. (‘‘Petitioner’’),
made a timely request pursuant to
section 733(c)(1) of the Act and 19 CFR
351.205(b)(2) and (e) for postponement
of the preliminary determination in this
investigation.2 Petitioner requested a 30day postponement of the preliminary
determination in order to provide the
Department with sufficient time to
review the questionnaire responses and
issue appropriate requests for
clarification and additional information.
Sections 733(c)(1)(B)(i) and (ii) of the
Act permit the Department to extend the
time limits for the preliminary
determination if it concludes that the
parties concerned are cooperating and
determines that the case is
extraordinarily complicated by reason of
the number and complexity of the
transactions to be investigated or
adjustments to be considered, the
novelty of issues presented, or the
number of firms whose activities must
be investigated, and additional time is
necessary to make the preliminary
determination. The Department may
postpone making the preliminary
determination under section
733(c)(1)(B) of the Act until not later
than the 190th day after the date on
which the administering authority
initiates an investigation under section
732(c) of the Act, or an investigation is
initiated under section 732(a) of the
Act.3
The Department has concluded that
the parties concerned are cooperating
with the antidumping duty investigation
and the nature of this case is
extraordinarily complicated. Since the
initiation of this investigation, the
mandatory respondents filed timely,
extensive questionnaire and
supplemental questionnaire responses.
Further, the instant investigation
involves a technologically sophisticated
product that is manufactured through a
complex, multi-stage production
process using numerous factors of
production (‘‘FOP’’). Accordingly, the
methodology employed to report FOP
data is inherently complex. Moreover,
additional time is necessary in order to
2 See Letter from Petitioner to the Secretary of
Commerce, ‘‘Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China: Request to Extend
Preliminary Determination in Antidumping Duty
Investigation,’’ dated March 2, 2012.
3 See generally section 733(c)(1)(B) of the Act.
E:\FR\FM\13MRN1.SGM
13MRN1
]]>Agencies
[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14729-14732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6082]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Notice of Final Results
of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 7, 2011, 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).\1\ This review covers 35 manufacturers and
exporters of the subject merchandise,\2\ including Navneet Publications
(India) Limited (Navneet) and Riddhi Enterprises (Riddhi), for the
period September 1, 2009, through August 31, 2010. As a result of our
analysis of the comments received, these final results differ from the
Preliminary Results. On February 3, 2012, the Department extended the
final results of this review from February 6, 2012, to March 5,
2012.\3\
---------------------------------------------------------------------------
\1\ See Certain Lined Paper Products From India: Notice of
Preliminary Results of Antidumping Duty Administrative Review, 76 FR
62343 (October 7, 2011) (Preliminary Results).
\2\ The Department received a timely request to conduct an
administrative review of the following 35 companies: Abhinav Paper
Products Pvt. Ltd.; American Scholar, Inc. and/or I-Scholar;
Ampoules & Vials Mfg. Co. Ltd.; AR Printing & Packaging (India)
Pvt.; Bafna Exports; Cello International Pvt. Ltd. (M/S Cello Paper
Products); Corporate Stationery Pvt. Ltd.; Creative Divya; D.D
International; Exel India (Pvt.) Ltd.; Exmart International Pvt.
Ltd.; Fatechand Mahendrakumar; FFI International; Freight India
Logistics Pvt. Ltd.; International Greetings Pvt. Ltd.; Kejriwal
Paper Ltd., and Kejriwal Exports; Lodha Offset Limited; Magic
International Pvt Ltd.; Marigold ExIm Pvt. Ltd.; Marisa
International; Navneet Publications (India) Ltd.; Orient Press Ltd.;
Paperwise Inc.; Pioneer Stationery Pvt. Ltd.; Premier Exports;
Rajvansh International; Riddhi Enterprises; SAB International; Sar
Transport Systems; Seet Kamal International; Sonal Printers Pvt Ltd;
Super Impex; Swati Growth Funds Ltd.; V & M; and Yash Laminates.
\3\ See Certain Lined Paper Products From India: Notice of
Extension of Time Limit for the Final Results of Antidumping Duty
Administrative Review, 77 FR 5486 (February 3, 2012).
---------------------------------------------------------------------------
For our final results, we continue to find that Navneet and Riddhi
have made sales of subject merchandise at less than normal value (NV).
In addition, based on these final results for Navneet and Riddhi, we
have determined that the 33 remaining non-selected companies will
receive the weighted-average non-selected respondent rate as calculated
in these final results.
DATES: Effective Date: March 13, 2012.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Navneet) and George
McMahon (Riddhi), 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) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Comments From Interested Parties
We invited parties to comment on our Preliminary Results. Riddhi
submitted a case brief on November 4, 2011, and the petitioner and
Navneet submitted case briefs on November 7, 2011, respectively. On
November 14, 2011, Navneet filed a rebuttal brief. On November 15,
2011, the petitioner filed a rebuttal brief. The petitioner filed a
letter on December 14, 2011, requesting that the Department reject
Navneet's rebuttal brief claiming it included untimely filed new
factual information. The Department found that Navneet did in fact,
include certain untimely filed factual information in its rebuttal
brief and rejected this brief on December 16, 2011.\4\ Pursuant to the
Department's letter of December 16, 2011, Navneet re-filed its rebuttal
brief on December 23, 2011, to exclude the untimely filed factual
information.\5\
---------------------------------------------------------------------------
\4\ See the Department's letter to Navneet, titled ``Rejection
of Rebuttal Brief with Untimely Filed New Factual Information,''
dated December 16, 2011; see also Memo from George McMahon to the
File titled, ``Rejection of Submission Due to Untimely Filed New
Factual Information,'' dated December 16, 2011.
\5\ Pursuant to 19 CFR 351.301(b) and (c), parties in this
administrative review may only file factual information (1) up to
140 days after the last day of the anniversary month of the review,
(2) in response to Departmental requests, or (3) within 10 days
after the submission of factual information by another party
pursuant to the 140-day deadline or a Departmental request.
Accordingly, based on these rules, new factual information is not
permitted in case and rebuttal briefs. See, e.g., Stainless Steel
Bar from India: Final Results of the Antidumping Duty Administrative
Review, and Revocation of the Order, in Part, 76 FR 56401, 56402
(September 13, 2011).
---------------------------------------------------------------------------
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
[[Page 14730]]
multi-subject notebooks, composition books, wireless notebooks, loose
leaf or glued filler paper, graph paper, and laboratory notebooks, and
with the smaller dimension of the paper measuring 6 inches to 15 inches
(inclusive) and the larger dimension of the paper measuring 8\3/4\
inches to 15 inches (inclusive). Page dimensions are measured size (not
advertised, stated, or ``tear-out'' size), and are measured as they
appear in the product (i.e., stitched and folded pages in a notebook
are measured by the size of the page as it appears in the notebook
page, not the size of the unfolded paper). However, for measurement
purposes, pages with tapered or rounded edges shall be measured at
their longest and widest points. Subject lined paper products may be
loose, packaged or bound using any binding method (other than case
bound through the inclusion of binders board, a spine strip, and cover
wrap). Subject merchandise may or may not contain any combination of a
front cover, a rear cover, and/or backing of any composition,
regardless of the inclusion of images or graphics on the cover,
backing, or paper. Subject merchandise is within the scope of this
order whether or not the lined paper and/or cover are hole punched,
drilled, perforated, and/or reinforced. Subject merchandise may contain
accessory or informational items including but not limited to pockets,
tabs, dividers, closure devices, index cards, stencils, protractors,
writing implements, reference materials such as mathematical tables, or
printed items 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:
FlyTM lined paper products: A notebook,
notebook organizer, loose or glued note paper, with papers that are
printed with infrared reflective inks and readable only by a
FlyTM pen-top computer. The product must bear the valid
trademark FlyTM (products found to be bearing an invalidly
licensed or used trademark are not excluded from the scope).
ZwipesTM: A notebook or notebook organizer made
with a blended polyolefin writing surface as the cover and pocket
surfaces of the notebook, suitable for writing using a specially-
developed permanent marker and erase system (known as a
ZwipesTM pen). This system allows the marker portion to mark
the writing surface with a permanent ink. The eraser portion of the
marker dispenses a solvent capable of solubilizing the permanent ink
allowing the ink to be removed. The product must bear the valid
trademark ZwipesTM (products found to be bearing an
invalidly licensed or used trademark are not excluded from the scope).
FiveStar[supreg]AdvanceTM: A notebook or
notebook organizer bound by a continuous spiral, or helical, wire and
with plastic front and rear covers made of a blended polyolefin plastic
material joined by 300 denier polyester, coated on the backside with
PVC (poly vinyl chloride) coating, and extending the entire length of
the spiral or helical wire. The polyolefin plastic covers are of
specific thickness; front cover is 0.019 inches (within normal
manufacturing tolerances) and rear cover is 0.028 inches (within normal
manufacturing tolerances). Integral with the stitching that attaches
the polyester spine covering, is captured both ends of a 1'' wide
elastic fabric band. This band is located 2\3/8\'' from the top of the
front plastic cover and provides pen or pencil storage. Both ends of
the spiral wire are cut and then bent backwards to overlap with the
previous coil but specifically outside the coil diameter but inside the
polyester covering. During construction, the polyester covering is sewn
to the front and rear covers face to face (outside to outside) so that
when the book is closed, the stitching is concealed from the outside.
Both free ends (the ends not sewn to the cover and back) are stitched
with a turned edge construction. The flexible polyester material forms
a covering over the spiral wire to protect it and provide a comfortable
grip on the product. The product must bear the valid trademarks
FiveStar[supreg]AdvanceTM (products found to be bearing an
invalidly licensed or used trademark are not excluded from the scope).
FiveStar FlexTM: A notebook, a notebook
organizer, or binder with plastic polyolefin front and rear covers
joined by 300 denier polyester spine cover extending the entire length
of the spine and bound by a 3-ring plastic fixture. The polyolefin
plastic covers are of a specific thickness; front cover is 0.019 inches
(within normal manufacturing tolerances) and rear cover is 0.028 inches
(within normal manufacturing tolerances). During construction, the
polyester covering is sewn to the front cover face to face (outside to
outside) so that when the book is closed, the stitching is concealed
from the outside. During construction, the polyester cover is sewn to
the back cover with the outside of the polyester spine cover to the
inside back cover. Both free ends (the ends not sewn to the cover and
back) are stitched with a turned edge construction. Each ring within
the fixture is comprised of a flexible strap portion that snaps into a
stationary post which forms a closed binding ring. The ring fixture is
riveted with six metal rivets and sewn to the back plastic cover and is
specifically positioned on the outside back cover. The product must
bear the valid trademark FiveStar FlexTM (products
[[Page 14731]]
found to be bearing an invalidly licensed or used trademark are not
excluded from the scope).
Merchandise subject to this order is typically imported under
headings 4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010,
4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060,
and 4820.10.4000 of the Harmonized Tariff Schedule of the United States
(HTSUS). The HTSUS headings are provided for convenience and customs
purposes; however, the written description of the scope of the order is
dispositive.
Period of Review
The period of review (POR) is September 1, 2009, through August 31,
2010.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum for the Final Results in the Fourth Antidumping Duty Order
Administrative Review of Certain Lined Paper Products from India (2009-
2010),'' from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, (``Issues and Decision
Memorandum''), dated concurrently with this notice and 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. The Issues and Decision
Memorandum is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available in
the Central Records Unit, main Commerce Building, Room 7046. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Web at https://ia.ita.doc.gov/frn/. The
signed Issues and Decision Memorandum and electronic version of the
Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on comments received from the interested parties, we have
made company-specific changes to Navneet's margin calculation. See
Issues and Decision Memorandum and the Analysis Memorandum to File
through James Terpstra, Program Manager, from Stephanie Moore for
Navneet Regarding ``Final Results of Antidumping Duty Administrative
Review of Certain Lined Paper Products from India,'' dated concurrent
with this notice, for further details.
Final Results of Review:
We determine that the following weighted-average margins exist:
------------------------------------------------------------------------
Weighted
average
Manufacturer/Exporter margin
(percent)
------------------------------------------------------------------------
Navneet Publications (India) Ltd............................ 2.70
Riddhi Enterprises.......................................... 3.58
------------------------------------------------------------------------
Review-Specific Average Rate \6\ Applicable to the 33 Non-Selected
Companies Subject to This Review:
---------------------------------------------------------------------------
\6\ This rate is a weighted-average percentage margin
(calculated based on the publicly ranged U.S. quantities of the two
reviewed companies with an affirmative dumping margin) for the
period September 1, 2009, through August 31, 2010. See Memorandum to
the File, titled, ``Certain Lined Paper Products from India: Margin
for Respondents Not Selected for Individual Examination,'' from
George McMahon and Stephanie Moore, Case Analysts, through James
Terpstra, Program Manager, dated concurrent with this notice.
------------------------------------------------------------------------
Weighted
average
Manufacturer/Exporter margin
(percent)
------------------------------------------------------------------------
Abhinav Paper Products Pvt. Ltd............................. 3.05
American Scholar, Inc. and/or I-Scholar..................... 3.05
Ampoules & Vials Mfg. Co. Ltd............................... 3.05
AR Printing & Packaging (India) Pvt......................... 3.05
Bafna Exports............................................... 3.05
Cello International Pvt. Ltd. (M/S Cello Paper Products).... 3.05
Corporate Stationary Pvt. Ltd............................... 3.05
Creative Divya.............................................. 3.05
D.D International........................................... 3.05
Exel India (Pvt.) Ltd....................................... 3.05
Exmart International Pvt. Ltd............................... 3.05
Fatechand Mahendrakumar..................................... 3.05
FFI International........................................... 3.05
Freight India Logistics Pvt. Ltd............................ 3.05
International Greetings Pvt. Ltd............................ 3.05
Kejriwal Paper Ltd., and Kejriwal Exports................... 3.05
Lodha Offset Limited........................................ 3.05
Magic International......................................... 3.05
Marigold ExIm Pvt. Ltd...................................... 3.05
Marisa International........................................ 3.05
Orient Press Ltd............................................ 3.05
Paperwise Inc............................................... 3.05
Pioneer Stationery Pvt. Ltd................................. 3.05
Premier Exports............................................. 3.05
Rajvansh International...................................... 3.05
SAB International........................................... 3.05
Sar Transport Systems....................................... 3.05
Seet Kamal International.................................... 3.05
Super Impex................................................. 3.05
Sonal Printers Pvt Ltd...................................... 3.05
Swati Growth Funds Ltd...................................... 3.05
V & M....................................................... 3.05
Yash Laminates.............................................. 3.05
------------------------------------------------------------------------
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
[[Page 14732]]
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 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: March 5, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
APPENDIX I
List of Comments in the Accompanying Issues and Decision
Memorandum:
A. General Issue
Comment 1: Treatment of Negative Dumping Margins (Zeroing)
B. Company Specific Issues
Comment 2: Whether to use Navneet's Purchase Order Date for its
U.S. Sales
Comment 3: Whether to Recalculate Navneet's Imputed Credit
Expenses
Comment 4: Whether to Adjust Navneet's Cost of Manufacturing
Comment 5: Treatment of Navneet's Canvassing Expenses as a
Direct Selling Expense
Comment 6: Whether to make an Excise Tax Adjustment for Navneet
Comment 7: Whether to Modify Navneet's Cost Calculation Data
[FR Doc. 2012-6082 Filed 3-12-12; 8:45 am]
BILLING CODE 3510-DS-P
