Certain Lined Paper Products From India: Notice of Initiation and Preliminary Results of Countervailing Duty Changed Circumstances Review, 38011-38012 [2014-15685]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Notices]
[Pages 38011-38012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15685]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]


Certain Lined Paper Products From India: Notice of Initiation and 
Preliminary Results of Countervailing Duty Changed Circumstances Review

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

DATES: Effective: July 3, 2014].
SUMMARY: In response to a request from Navneet Education Limited 
(Navneet Education), a producer/exporter of certain lined paper 
products (CLPP) from India, and pursuant to section 751(b)(1) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216, the 
Department is initiating a changed circumstances review (CCR) of the 
countervailing duty (CVD) order on CLPP from India with regard to 
Navneet Education. Based on the information received, we further 
preliminarily determine that Navneet Education is the successor-in-
interest to Navneet Publications (India) Ltd. (Navneet) and should be 
accorded the same treatment previously given to Navneet with respect to 
the CVD order on CLPP from India. Interested parties are invited to 
comment on these preliminary results.

FOR FURTHER INFORMATION CONTACT: John Conniff, 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; telephone: (202) 482-
1009.

SUPPLEMENTARY INFORMATION: 

Background

    On September 28, 2006, the Department published the CLPP CVD 
Order.\1\ In its October 17, 2013, CCR request, Navneet Education 
requests that: (1) The Department conduct a CCR under section 751(b)(1) 
of the Act and 19 CFR 351.216 to determine that it is the successor-in-
interest to Navneet for purposes of the CVD order; and (2) that the 
Department issue instructions to Customs and Border Protection (CBP) 
that reflect this conclusion.\2\ Navneet Education argues that the 
change necessitating the CCR stems solely from a name change.
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    \1\ 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) 
(CLPP CVD Order).
    \2\ See Navneet Education's March 17, 2014, letter to the 
Department, Request for Changed Circumstances Review Navneet 
Publications (India) Ltd. (CCR Request) at 1-2.
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    On December 23, 2013, the Department issued a deficiency letter \3\ 
to Navneet Education to which it responded on March 18, 2014.\4\ On May 
6, 2014, we issued a deficiency letter in which we explained to Navneet 
Education that because it took nearly three months to respond to our 
initial deficiency letter, the time span covered by its initial CCR 
request was no longer timely. Therefore, we instructed Navneet 
Education to provide information starting from December 31, 2012, 
through the date that it filed its revised CCR request.\5\ On May 16, 
2014, Navneet Education submitted a revised CCR request spanning the 
time period specified by the Department.\6\
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    \3\ See the Department's December 23, 2013, deficiency letter 
(Initial Deficiency Letter).
    \4\ See Navneet Education's March 18, 2014, submission 
(Supplemental Filing).
    \5\ See the Department's May 6, 2014, deficiency letter (Second 
Deficiency Letter).
    \6\ See Navneet Education's May 16, 2014, submission (Second 
Supplemental Filing).
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Scope of the Order

    The merchandise covered by the CLPP CVD Order is 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 looseleaf filler paper). The products are 
currently classified under the following Harmonized Tariff Schedule of 
the United States (HTSUS) subheadings: 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.\7\
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    \7\ For a complete description of the scope of the CLPP CVD 
Order, see the memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for Preliminary Results of Changed 
Circumstances Review: Certain Lined Paper Products from India'' 
(Preliminary Decision Memorandum), dated concurrently with these 
results and hereby adopted by this notice.
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Initiation and Issuance of Preliminary Results of Changed Circumstances 
Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a CCR upon receipt of a request from an interested party or 
receipt of information concerning a CVD order which shows changed 
circumstances sufficient to warrant a review of the order.
    We received information indicating that in 2013, Navneet changed 
its name to Navneet Education for cosmetic reasons and that any change 
between it and its alleged predecessor is solely in the changing of its 
name. The Department determines that the information submitted by 
Navneet Education constitutes sufficient evidence to warrant a CCR of 
this order.\8\ Therefore, in accordance with section 751(b)(1) of the 
Act, we are initiating a CCR based upon the

[[Page 38012]]

information contained in Navneet Education's submission.\9\
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    \8\ See 19 CFR 351.216(d).
    \9\ See CCR Request, Supplemental Filing, and Second 
Supplemental Filing.
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    19 CFR 351.221(c)(3)(ii) permits the Department to combine the 
notice of initiation of a CCR and the notice of preliminary results if 
the Department concludes that expedited action is warranted. In this 
instance, because we have on the record the information necessary to 
make a preliminary finding, we find that expedited action is warranted, 
and are combining the notice of initiation and the notice of 
preliminary results.

Methodology

    In accordance with section 751(b)(1) of the Act, we are conducting 
a CCR based upon the information contained in Navneet Education's 
submissions.\10\
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    \10\ See CCR Request, Supplemental Filing, and Second 
Supplemental Filing.
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    As a general rule, in a CVD CCR, the Department will make an 
affirmative CVD successorship finding (i.e., that the respondent 
company is the same subsidized entity for CVD cash deposit purposes as 
the predecessor company) where there is no evidence of significant 
changes in (1) the respondent's operations, (2) ownership and (3) 
corporate or legal structure during the relevant period (i.e., the 
``look-back window'') that could have affected the nature and extent of 
the respondent's subsidy levels.\11\ Where the Department makes an 
affirmative CVD successorship finding, the successor's merchandise will 
be entitled to enter under the predecessor's cash deposit rate.\12\
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    \11\ See Certain Pasta From Turkey: Preliminary Results of 
Countervailing Duty Changed Circumstances Review, 74 FR 47225, 47227 
(September 15, 2009).
    \12\ Id.
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    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum. The Preliminary 
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 to all 
parties in the Central Records Unit (CRU), room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at https://enforcement.trade.gov/frn/. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Changed Circumstances Review

    Based on the evidence reviewed, we preliminarily determine that 
Navneet Education is the successor-in-interest to Navneet. 
Specifically, we find that there is no evidence of significant changes 
between Navneet and Navneet Education's operations, ownership and 
corporate or legal structure that could have had an impact on Navneet 
Education's subsidies levels. Thus, we preliminarily determine that 
Navneet Education is the successor-in-interest to Navneet for purposes 
of the CLPP CVD Order.
    If the Department upholds these preliminary results in the final 
results, Navneet Education will retain the CVD cash deposit rate 
currently assigned to Navneet with respect to the subject merchandise 
(i.e., the 8.76 percent cash deposit rate currently assigned to 
Navneet).\13\ However, because cash deposits are only estimates of the 
amount of CVDs to be assessed, changes in cash deposit rates are not 
made retroactively.\14\ Therefore, no retroactive change will be made 
to Navneet Education's cash deposit rate, as Navneet Education 
requested.\15\ If these preliminary results are adopted in the final 
results of this CCR, we will instruct CBP to suspend liquidation of 
entries of CLPP made by Navneet Education, effective on the publication 
date of the final results, at the cash deposit rate assigned to 
Navneet.
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    \13\ See Certain Lined Paper Products From India: Final Results 
of Countervailing Duty Administrative Review, 74 FR 6573, 6574 
(February 10, 2009).
    \14\ See Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Certain Frozen 
Warmwater Shrimp from India, 77 FR 64953, 64955 (October 24, 2012); 
see also Certain Hot-Rolled Lead and Bismuth Carbon Steel Products 
From the United Kingdom: Final Results of Changed-Circumstances 
Antidumping and Countervailing Duty Administrative Reviews, 64 FR 
66880, 66881 (November 30, 1999).
    \15\ Navneet argued that the determination as successor-in-
interest should be made effective as of the date of the name change, 
i.e., September 30, 2013. See CCR Request at 8.
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Public Comment

    Interested parties may submit case briefs and/or written comments 
not later than 30 days after the date of publication of this 
notice.\16\ Rebuttals to written comments may be filed no later than 
five days after the written comments are due.\17\ Parties who submit 
case or rebuttal briefs are encouraged to submit with each argument: 
(1) a statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\18\ All comments are to be filed 
electronically using IA ACCESS, and must also be served on interested 
parties.\19\ An electronically filed document must be received 
successfully in its entirety by IA ACCESS by 5:00 p.m. Eastern Standard 
Time on the day it is due.\20\
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    \16\ See 19 CFR 351.309(c)(1)(ii).
    \17\ See 19 CFR 351.309(d).
    \18\ See 19 CFR 351.309(c)(2).
    \19\ See 19 CFR 351.303(b) and (f).
    \20\ See 19 CFR 351.303(b).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
using Enforcement and Compliance's IA ACCESS system within 30 days 
after the date of publication of this notice.\21\ Requests should 
contain the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. Oral 
presentations will be limited to issues raised in the briefs. If a 
request for a hearing is made, we will inform parties of the scheduled 
date for the hearing which will be held at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined.\22\ Parties should 
confirm by telephone the date, time, and location of the hearing.
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    \21\ See 19 CFR 351.310(c).
    \22\ See 19 CFR 351.310.
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    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this CCR no later than 270 days after the date on which this review 
was initiated, or within 45 days if all parties agree to our 
preliminary finding.
    We are issuing and publishing this finding and notice in accordance 
with sections 751(b)(l) and 777(i)(l) of the Act and 19 CFR 351.216.

    Dated: June 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results
V. Discussion of Methodology
VI. Recommendation

[FR Doc. 2014-15685 Filed 7-2-14; 8:45 am]
BILLING CODE 3510-DS-P