Certain Lined Paper Products From India: Final Results of Countervailing Duty Administrative Review; 2011, 26935-26936 [2014-10861]

Download as PDF Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Notices DEPARTMENT OF COMMERCE International Trade Administration [C–533–844] Certain Lined Paper Products From India: Final Results of Countervailing Duty Administrative Review; 2011 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) completed the administrative review of the countervailing duty (CVD) order on certain lined paper products from India for the January 1, 2011, through December 31, 2011, period of review (POR) 1 in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). The respondent in this administrative review is A.R. Printing & Packaging India Private Limited (AR Printing).2 Our analysis of comments received is contained in the Decision Memorandum accompanying this Federal Register notice.3 The final net subsidy rate for AR Printing is listed below in the ‘‘Final Results of Review’’ section. DATES: Effective Date: May 12, 2014. FOR FURTHER INFORMATION CONTACT: John Conniff at 202–482–1009, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: emcdonald on DSK67QTVN1PROD with NOTICES Background On September 28, 2006, the Department published in the Federal Register the CVD order on certain lined paper products from India.4 On October 1 The Department published its preliminary results for this administrative review in Certain Lined Paper Products From India: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2011, 78 FR 62584 (October 22, 2013) (Preliminary Results), and accompanying Issues and Decision Memorandum, dated September 30, 2013 (Preliminary Decision Memorandum). 2 Also known as A.R. Printing & Packaging (India) Pvt. Ltd. 3 See ‘‘Decision Memorandum for the Final Results of Countervailing Duty Review: Certain Lined Paper Products From India’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance (Decision Memorandum), dated concurrently and hereby adopted by this notice. 4 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 VerDate Mar<15>2010 18:00 May 09, 2014 Jkt 232001 22, 2013, the Department published its preliminary results of administrative review of the CVD order on certain lined paper products from India for the POR.5 As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013. Therefore, all deadlines in this segment of the proceeding have been extended by 16 days.6 AR Printing and the Petitioners 7 submitted case briefs on December 9, 2013, and both submitted rebuttal briefs on December 16, 2013. No interested party requested a hearing. On February 20, 2014, the Department issued a memorandum extending the time period for issuing the final results of this administrative review from March 7, 2014, to May 6, 2014.8 Scope of the Order The merchandise subject to the order is certain lined paper products. The products are currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 4811.90.9035, 4811.90.9080, 4820.30.0040, 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. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive.9 Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the Products from India and Indonesia, 71 FR 56949 (September 28, 2006) (Lined Paper Order). 5 Preliminary Results. 6 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013) (Tolling Memo). 7 Petitioners are the Association of American School Paper Suppliers (Petitioners). 8 See Memorandum to Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, titled ‘‘Certain Lined Paper Products From India: Extension of Time Limit for Final Results of Countervailing Duty Administrative Review,’’ dated February 20, 1014. 9 For a complete description of the Scope of the Order, see Decision Memorandum. See also Lined Paper Order, 71 FR at 56950–51. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 26935 subsidy is specific. See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. For a complete description of the methodology, see the Preliminary Decision Memorandum. Analysis of Comments Received All issues raised in parties’ case and rebuttal briefs are addressed in the Decision Memorandum. A list of the issues which parties raised, and to which we responded in the Decision Memorandum, is attached to this notice as Appendix I. The Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central Records Unit, Room 7046 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/ index.html. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content. Final Results of Review As a result of this review, the Department determines a net subsidy rate of 2.94 percent ad valorem for AR Printing for the period January 1, 2011, through, December 31, 2011. Assessment Rates/Cash Deposits In accordance with 19 CFR 351.212(b)(2), the Department intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review to liquidate shipments of subject merchandise by AR Printing entered, or withdrawn form warehouse, for consumption on or after January 1, 2011, through December 31, 2011, at the ad valorem assessment rate listed above. We will also instruct CBP to collect cash deposits for the respondent at the countervailing duty cash deposit rate indicated above on all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results of review. For all non-reviewed companies, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or country-wide rate applicable to the company. Accordingly, the cash deposit rates that will be E:\FR\FM\12MYN1.SGM 12MYN1 26936 Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Notices applied to companies covered by this order, but not examined in this review, are those established in the most recently completed administrative proceeding for each company. The cash deposit rates for all companies not covered by this review are not changed by the results of this review, and remain in effect until further notice. Return or Destruction of Proprietary Information Dated: May 6, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. I. Summary II. Period of Review III. Scope of the Order IV. Attribution of Subsidies V. Allocation Period VI. Subsidies Valuation Information— Benchmarks and Discount Rate VII. Analysis of Programs VIII. Analysis of Comments Comment 1: Whether the Department Should Countervail Long-Term Policy Loans Provided by the State Bank of India Comment 2: Whether the Department Should Revise AR Printing’s Sales Denominator Comment 3: Whether AR Printing Was Uncreditworthy in 2010 Comment 4: Whether Certain Benefits Under the Duty-Free Import of Capital Goods and Raw Materials for Export Oriented Units (EOUs) Program Were Tied to NonSubject Merchandise IX. Recommendation emcdonald on DSK67QTVN1PROD with NOTICES [C–570–009] Calcium Hypochlorite From the People’s Republic of China: Notice of Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 12, 2014. FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations, Office V, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202– 482–7906. SUPPLEMENTARY INFORMATION: Background On January 7, 2014, the Department of Commerce (‘‘Department’’) initiated the countervailing duty investigation of calcium hypochlorite from the People’s Republic of China.1 Currently, the preliminary determination is due no later than March 13, 2014. Postponement of Due Date for Preliminary Determination Appendix BILLING CODE 3510–DS–P International Trade Administration AGENCY: This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. [FR Doc. 2014–10861 Filed 5–9–14; 8:45 am] DEPARTMENT OF COMMERCE Section 703(b)(1) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which the Department initiated the investigation. However, the Department may postpone making the preliminary determination until no later than 130 days after the date on which the administering authority initiated the investigation if the petitioner makes a timely request for an extension pursuant to section 703(c)(1)(A) of the Act. In the instant investigation, Petitioner 2 made a timely request on February 12, 2014, requesting a postponement of the preliminary determination pursuant to 19 CFR 351.205(b)(2).3 Therefore, pursuant to the discretion afforded the Department under section 703(c)(1)(A) of the Act and because the Department does not find any compelling reason to deny the request, we are fully postponing the due date until 130 days 1 See Calcium Hypochlorite From the People’s Republic of China: Initiation of Countervailing Duty Investigation, 79 FR 2417 (January 14, 2014). 2 Arch Chemicals, Inc. 3 See 19 CFR 351.205(e) and Petitioner’s February 12, 2014 letter requesting postponement of the preliminary determination. VerDate Mar<15>2010 18:00 May 09, 2014 Jkt 232001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 after the Department’s initiation for the preliminary determination. Therefore, the deadline for the completion of the preliminary determination is now May 19, 2014.4 This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: February 21, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–10846 Filed 5–9–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–994] Grain-Oriented Electrical Steel From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (the Department) preliminarily determines that grain-oriented electrical steel (GOES) from the People’s Republic of China (the PRC) is being, or is likely to be, sold in the United States at less than fair value, as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation is January 1, 2013, through June 30, 2013. The estimated weightedaverage dumping margin is listed in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. SUMMARY: DATES: Effective Date: May 12, 2014. FOR FURTHER INFORMATION CONTACT: Edythe Artman or Ericka Ukrow, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3931 or (202) 482– 0405, respectively. SUPPLEMENTARY INFORMATION: 4 Department practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. 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, 24533 (May 10, 2005). E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Pages 26935-26936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10861]



[[Page 26935]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]


Certain Lined Paper Products From India: Final Results of 
Countervailing Duty Administrative Review; 2011

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) completed the 
administrative review of the countervailing duty (CVD) order on certain 
lined paper products from India for the January 1, 2011, through 
December 31, 2011, period of review (POR) \1\ in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). The 
respondent in this administrative review is A.R. Printing & Packaging 
India Private Limited (AR Printing).\2\ Our analysis of comments 
received is contained in the Decision Memorandum accompanying this 
Federal Register notice.\3\ The final net subsidy rate for AR Printing 
is listed below in the ``Final Results of Review'' section.
---------------------------------------------------------------------------

    \1\ The Department published its preliminary results for this 
administrative review in Certain Lined Paper Products From India: 
Preliminary Results of Countervailing Duty Administrative Review; 
Calendar Year 2011, 78 FR 62584 (October 22, 2013) (Preliminary 
Results), and accompanying Issues and Decision Memorandum, dated 
September 30, 2013 (Preliminary Decision Memorandum).
    \2\ Also known as A.R. Printing & Packaging (India) Pvt. Ltd.
    \3\ See ``Decision Memorandum for the Final Results of 
Countervailing Duty Review: Certain Lined Paper Products From 
India'' from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance (Decision 
Memorandum), dated concurrently and hereby adopted by this notice.

---------------------------------------------------------------------------
DATES: Effective Date: May 12, 2014.

FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On September 28, 2006, the Department published in the Federal 
Register the CVD order on certain lined paper products from India.\4\ 
On October 22, 2013, the Department published its preliminary results 
of administrative review of the CVD order on certain lined paper 
products from India for the POR.\5\
---------------------------------------------------------------------------

    \4\ 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 Order).
    \5\ Preliminary Results.
---------------------------------------------------------------------------

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013. Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013) (Tolling 
Memo).
---------------------------------------------------------------------------

    AR Printing and the Petitioners \7\ submitted case briefs on 
December 9, 2013, and both submitted rebuttal briefs on December 16, 
2013. No interested party requested a hearing.
---------------------------------------------------------------------------

    \7\ Petitioners are the Association of American School Paper 
Suppliers (Petitioners).
---------------------------------------------------------------------------

    On February 20, 2014, the Department issued a memorandum extending 
the time period for issuing the final results of this administrative 
review from March 7, 2014, to May 6, 2014.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum to Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, titled ``Certain 
Lined Paper Products From India: Extension of Time Limit for Final 
Results of Countervailing Duty Administrative Review,'' dated 
February 20, 1014.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is certain lined paper 
products. The products are currently classifiable under the Harmonized 
Tariff Schedule of the United States (HTSUS) item numbers: 
4811.90.9035, 4811.90.9080, 4820.30.0040, 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. Although the HTSUS 
numbers are provided for convenience and customs purposes, the written 
product description remains dispositive.\9\
---------------------------------------------------------------------------

    \9\ For a complete description of the Scope of the Order, see 
Decision Memorandum. See also Lined Paper Order, 71 FR at 56950-51.
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we determine that there is a subsidy, i.e., a 
government-provided financial contribution that gives rise to a benefit 
to the recipient, and that the subsidy is specific. See sections 
771(5)(B) and (D) of the Act regarding financial contribution; section 
771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act 
regarding specificity. For a complete description of the methodology, 
see the Preliminary Decision Memorandum.

Analysis of Comments Received

    All issues raised in parties' case and rebuttal briefs are 
addressed in the Decision Memorandum. A list of the issues which 
parties raised, and to which we responded in the Decision Memorandum, 
is attached to this notice as Appendix I. The Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (IA ACCESS). IA ACCESS is available to registered users 
at https://iaaccess.trade.gov, and is available to all parties in the 
Central Records Unit, Room 7046 of the main Commerce building. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly at https://enforcement.trade.gov/frn/. The signed 
Decision Memorandum and the electronic versions of the Decision 
Memorandum are identical in content.

Final Results of Review

    As a result of this review, the Department determines a net subsidy 
rate of 2.94 percent ad valorem for AR Printing for the period January 
1, 2011, through, December 31, 2011.

Assessment Rates/Cash Deposits

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue assessment instructions to U.S. Customs and Border Protection 
(CBP) 15 days after the date of publication of these final results of 
review to liquidate shipments of subject merchandise by AR Printing 
entered, or withdrawn form warehouse, for consumption on or after 
January 1, 2011, through December 31, 2011, at the ad valorem 
assessment rate listed above. We will also instruct CBP to collect cash 
deposits for the respondent at the countervailing duty cash deposit 
rate indicated above on all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of these final results of review.
    For all non-reviewed companies, we will instruct CBP to continue to 
collect cash deposits at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit 
rates that will be

[[Page 26936]]

applied to companies covered by this order, but not examined in this 
review, are those established in the most recently completed 
administrative proceeding for each company. The cash deposit rates for 
all companies not covered by this review are not changed by the results 
of this review, and remain in effect until further notice.

Return or Destruction of Proprietary Information

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Period of Review
III. Scope of the Order
IV. Attribution of Subsidies
V. Allocation Period
VI. Subsidies Valuation Information--Benchmarks and Discount Rate
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether the Department Should Countervail Long-Term 
Policy Loans Provided by the State Bank of India
Comment 2: Whether the Department Should Revise AR Printing's Sales 
Denominator
Comment 3: Whether AR Printing Was Uncreditworthy in 2010
Comment 4: Whether Certain Benefits Under the Duty-Free Import of 
Capital Goods and Raw Materials for Export Oriented Units (EOUs) 
Program Were Tied to Non-Subject Merchandise
IX. Recommendation

[FR Doc. 2014-10861 Filed 5-9-14; 8:45 am]
BILLING CODE 3510-DS-P

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