Certain Lined Paper Products From India: Notice of Partial Rescission and Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 60450-60452 [2014-23966]
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60450
Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Notices
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 20230.8 Parties should
confirm by telephone the date, time, and
location of the hearing.
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h),
unless this deadline is extended.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Assessment Rates
Upon issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.9
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer-specific assessment rate
calculated in the final results of this
review is above de minimis. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific rate is
zero or de minimis, we will instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.
Where assessments are based upon total
facts available, including AFA, we
instruct CBP to assess duties at the AFA
margin rate. The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.10
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for each specific
company listed above will be equal to
the dumping margins established in the
final results of this administrative
8 Id.
9 See
19 CFR 351.212(b)(1).
section 751(a)(2)(C) of the Act.
10 See
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review, unless the rate is less than 0.50
percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment; (3) if the exporter is
not a firm covered in this review, or the
original investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 4.37 percent, the allothers rate determined in the less-thanfair-value investigation.11 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: September 25, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Normal Value Comparisons
b. Determination of Comparison Method
c. Results of Differential Pricing Analysis
d. Product Comparisons
e. Export Price
f. Normal Value
i. Home Market Viability
ii. Level of Trade
iii. Calculation of Normal Value Based on
Comparison Market Prices
11 See
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Order, 75 FR at 56985.
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iv. Calculation of Normal Value Based on
Constructed Value
g. Currency Conversion
h. Use of Facts Available
i. Application of Facts Available With an
Adverse Reference
j. Selection and Corroboration of AFA Rate
5. Recommendation
[FR Doc. 2014–23964 Filed 10–6–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–843]
Certain Lined Paper Products From
India: Notice of Partial Rescission and
Preliminary Results of Antidumping
Duty Administrative Review; 2012–
2013
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain lined
paper products (CLPP) from India.1 The
period of review (POR) is September 1,
2012, through August 31, 2013, and the
review was initiated with respect to
nine companies.2 We are rescinding the
review with respect to seven companies
for which review requests were timely
withdrawn.3
We preliminarily determine that AR
Printing had no sales of subject
merchandise to the United States during
the POR. In addition, we preliminarily
find that during the POR, Super Impex
made sales of subject merchandise at
less than normal value (NV). Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: October 7, 2014.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinson or Eric Greynolds, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
AGENCY:
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 Order).
2 The nine companies include: Ampoules & Vials
Manufacturing Co. Ltd. (Ampoules & Vials); A.R.
Printing & Packaging (India) Pvt. Ltd. (AR Printing);
Pioneer Stationery Pvt. Ltd. (Pioneer); Premier
Exports (Premier); Marisa International (Marisa);
Navneet Publications (India) Ltd.(Navneet); Riddhi
Enterprises (Riddhi); SGM Paper Products (SGM);
and Super Impex.
3 The seven companies include: Ampoules &
Vials; Pioneer; Premier; Marisa; Navneet; Riddhi;
and SGM.
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Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Notices
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–3797 or (202) 482–
6071, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the CLPP
Order is certain lined paper products.
The merchandise subject to this order is
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.4
Partial Rescission of the 2012–2013
Administrative Review
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Between November 18, 2013, and
February 6, 2014, the following seven
companies timely withdrew their
requests for administrative review:
Ampoules & Vials, Marisa, Navneet,
Pioneer, Premier, Riddhi, and SGM.
Except for Navneet, no other interested
party requested a review of the
aforementioned companies. Petitioners
submitted requests for review with
respect to the following two companies:
Navneet and AR Printing.5 On January
31 and February 6, 2014, Petitioners
timely withdrew its review request for
Navneet.6 Thus, in accordance with 19
CFR 351.213(d)(1) 7 and consistent with
our practice,8 we are rescinding this
4 For a complete description of the Scope of the
Order, see Preliminary Decision Memorandum.
5 See Petitioners’ letter dated September 30, 2013.
6 Petitioners also submitted a withdrawal of
review request with respect to Pioneer, but because
Petitioners had not submitted a review request for
Pioneer, we were unable to act on Petitioners’
request. However, because Pioneer self-requested a
review, and later timely withdrew its own review
request, we were able to rescind the review with
respect to Pioneer.
7 Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an administrative review
‘‘if a party that requested a review withdraws the
request within 90 days of the date of publication of
notice of initiation of the requested review.’’ The
instant review was initiated on October 31, 2012.
Therefore, the deadline to withdraw review
requests was February 6, 2014. Thus, Petitioners’
withdrawal requests are timely.
8 See, e.g., Brass Sheet and Strip from Germany:
Notice of Rescission of Antidumping Duty
Administrative Review, 73 FR 49170 (August 20,
2008); see also Certain Lined Paper Products from
India: Notice of Partial Rescission of Antidumping
Duty Administrative Review and Extension of Time
Limit for the Preliminary Results of Antidumping
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Jkt 235001
review with respect to these seven
companies.
No Shipment Claim by AR Printing
At the outset of this proceeding, AR
Printing stated in its quantity and value
questionnaire (Q&V) response, that it
‘‘had no shipments of Certain Lined
Paper Products during the POR.’’ 9 On
April 10, 2014, we sent a confirmation
of non-shipment inquiry to U.S.
Customs and Border Protection (CBP) as
a means of confirming AR Printing’s
claim of non-shipment.10 We did not
receive any contradictory information
from CBP. Based on AR Printing’s
assertion of no shipments and no
information to the contrary from CBP,
we preliminarily determine that AR
Printing had no shipments to the United
States during the POR.
See the Assessment Rates section of
this notice below.
Methodology
The Department is conducting this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export prices (EP)
have been calculated in accordance with
section 772 of the Act.
Super Impex reported that it made no
sales to the home market.11 Super
Impex’s responses indicate that its sales
to third countries also were not viable,12
within the meaning of section
773(a)(1)(C)(i) of the Act.13 Therefore,
for these preliminary results, we relied
on constructed value (CV) as the basis
for calculating NV, in accordance with
section 773(a)(4) of the Act.
Calculation of Normal Value Based on
Constructed Value
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum at 14–15.
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
Duty Administrative Review, 74 FR 21781 (May 11,
2009).
9 See AR Printing’s December 2, 2013, Q&V
response at 2.
10 See Memorandum to the File from Eric B.
Greynolds, Program Manager, titled ‘‘Status of AR
Printing & Packaging (India) Pvt. Ltd.’’, dated April
7, 2014. CBP returned message no. 4100306 dated
April 10, 2014, regarding ‘‘No shipments inquiry for
certain lined paper products from India exported by
A.R. Printing & Packaging (India) Pvt. Ltd. (A–533–
843).’’
11 See Super Impex’s Section A Questionnaire
Response, February 26, 2014, at A–3.
12 Id.
13 See Preliminary Decision Memorandum at 13.
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60451
users at https://iaaccess.trade.gov and 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
version of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, the
Department determines that the
weighted-average dumping margin for
the POR is as follows:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Super Impex .........................
7.79
Assessment Rate
Upon issuance of the final results, the
Department shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).14 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis (i.e., 0.50 percent). Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review where
applicable.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
14 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
E:\FR\FM\07OCN1.SGM
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60452
Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Notices
apply to entries of subject merchandise
during the POR produced by each
respondent for which they 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 all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.15
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of subject merchandise
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)(2)(C) of the Act: (1)
The cash deposit rate for Super Impex
will be the rate established in the final
results of this administrative review; (2)
for merchandise exported by
manufacturers or exporters not covered
in this administrative review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 3.91
percent, the all-others rate established
in the investigation.
Disclosure and Public Comment
The Department intends to disclose to
interested parties to this proceeding the
calculations performed in connection
with these preliminary results within
five days after the date of publication of
this notice.16 Pursuant to 19 CFR
351.309(c), interested parties may
submit cases briefs not later than 30
days after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.17 Parties who submit
case briefs or rebuttal briefs in this
proceeding are requested to submit with
15 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 See 19 CFR 351.224(b).
17 See 19 CFR 351.309(d).
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17:15 Oct 06, 2014
Jkt 235001
the argument: (1) A statement of the
issue, (2) a brief summary of the
argument, and (3) a table of
authorities.18 All case and rebuttal briefs
must 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 the
Department’s electronic records system,
IA ACCESS, by 5:00 p.m. Eastern
Standard Time within 30 days after the
date of publication of this notice.
Executive summaries should be limited
to five pages total, including footnotes.
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 of
publication of this notice.20 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. 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. Parties
should confirm by telephone the date,
time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act and 19 CFR 351.213(h)(2), the
Department intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
case and rebuttal briefs, within 120 days
after the publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) 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
Department’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
18 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303(f).
20 See 19 CFR 351.310(c).
19 See
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Sfmt 4703
subsequent assessment of double
antidumping duties.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: September 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Partial Rescission of the 2012–2013
Administrative Review
4. No Shipment Claim by AR Printing
5. Discussion of Methodology
[FR Doc. 2014–23966 Filed 10–6–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final
Results of Expedited Second Sunset
Review of the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this second
sunset review, the Department of
Commerce (‘‘the Department’’) finds
that revocation of the antidumping duty
order on certain frozen fish fillets (‘‘fish
fillets’’) from the Socialist Republic of
Vietnam (‘‘Vietnam’’) would be likely to
lead to continuation or recurrence of
dumping at the levels indicated in the
‘‘Final Results of Review’’ section of this
notice.
DATES: Effective Date: October 7, 2014.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0413.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 2, 2014, the Department
published a notice of initiation of the
second sunset review of the
antidumping duty order on fish fillets
from Vietnam,1 pursuant to section
1 See Notice of Antidumping Duty Order: Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam, 68 FR 47909 (August 12, 2003).
E:\FR\FM\07OCN1.SGM
07OCN1
]]>Agencies
[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60450-60452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23966]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Notice of Partial
Rescission and Preliminary Results of Antidumping Duty Administrative
Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain lined
paper products (CLPP) from India.\1\ The period of review (POR) is
September 1, 2012, through August 31, 2013, and the review was
initiated with respect to nine companies.\2\ We are rescinding the
review with respect to seven companies for which review requests were
timely withdrawn.\3\
---------------------------------------------------------------------------
\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 Order).
\2\ The nine companies include: Ampoules & Vials Manufacturing
Co. Ltd. (Ampoules & Vials); A.R. Printing & Packaging (India) Pvt.
Ltd. (AR Printing); Pioneer Stationery Pvt. Ltd. (Pioneer); Premier
Exports (Premier); Marisa International (Marisa); Navneet
Publications (India) Ltd.(Navneet); Riddhi Enterprises (Riddhi); SGM
Paper Products (SGM); and Super Impex.
\3\ The seven companies include: Ampoules & Vials; Pioneer;
Premier; Marisa; Navneet; Riddhi; and SGM.
---------------------------------------------------------------------------
We preliminarily determine that AR Printing had no sales of subject
merchandise to the United States during the POR. In addition, we
preliminarily find that during the POR, Super Impex made sales of
subject merchandise at less than normal value (NV). Interested parties
are invited to comment on these preliminary results.
DATES: Effective Date: October 7, 2014.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Eric Greynolds, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade
[[Page 60451]]
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3797
or (202) 482-6071, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the CLPP Order is certain lined paper
products. The merchandise subject to this order is 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.\4\
---------------------------------------------------------------------------
\4\ For a complete description of the Scope of the Order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Partial Rescission of the 2012-2013 Administrative Review
Between November 18, 2013, and February 6, 2014, the following
seven companies timely withdrew their requests for administrative
review: Ampoules & Vials, Marisa, Navneet, Pioneer, Premier, Riddhi,
and SGM. Except for Navneet, no other interested party requested a
review of the aforementioned companies. Petitioners submitted requests
for review with respect to the following two companies: Navneet and AR
Printing.\5\ On January 31 and February 6, 2014, Petitioners timely
withdrew its review request for Navneet.\6\ Thus, in accordance with 19
CFR 351.213(d)(1) \7\ and consistent with our practice,\8\ we are
rescinding this review with respect to these seven companies.
---------------------------------------------------------------------------
\5\ See Petitioners' letter dated September 30, 2013.
\6\ Petitioners also submitted a withdrawal of review request
with respect to Pioneer, but because Petitioners had not submitted a
review request for Pioneer, we were unable to act on Petitioners'
request. However, because Pioneer self-requested a review, and later
timely withdrew its own review request, we were able to rescind the
review with respect to Pioneer.
\7\ Pursuant to 19 CFR 351.213(d)(1), the Department will
rescind an administrative review ``if a party that requested a
review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review.'' The
instant review was initiated on October 31, 2012. Therefore, the
deadline to withdraw review requests was February 6, 2014. Thus,
Petitioners' withdrawal requests are timely.
\8\ See, e.g., Brass Sheet and Strip from Germany: Notice of
Rescission of Antidumping Duty Administrative Review, 73 FR 49170
(August 20, 2008); see also Certain Lined Paper Products from India:
Notice of Partial Rescission of Antidumping Duty Administrative
Review and Extension of Time Limit for the Preliminary Results of
Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009).
---------------------------------------------------------------------------
No Shipment Claim by AR Printing
At the outset of this proceeding, AR Printing stated in its
quantity and value questionnaire (Q&V) response, that it ``had no
shipments of Certain Lined Paper Products during the POR.'' \9\ On
April 10, 2014, we sent a confirmation of non-shipment inquiry to U.S.
Customs and Border Protection (CBP) as a means of confirming AR
Printing's claim of non-shipment.\10\ We did not receive any
contradictory information from CBP. Based on AR Printing's assertion of
no shipments and no information to the contrary from CBP, we
preliminarily determine that AR Printing had no shipments to the United
States during the POR.
---------------------------------------------------------------------------
\9\ See AR Printing's December 2, 2013, Q&V response at 2.
\10\ See Memorandum to the File from Eric B. Greynolds, Program
Manager, titled ``Status of AR Printing & Packaging (India) Pvt.
Ltd.'', dated April 7, 2014. CBP returned message no. 4100306 dated
April 10, 2014, regarding ``No shipments inquiry for certain lined
paper products from India exported by A.R. Printing & Packaging
(India) Pvt. Ltd. (A-533-843).''
---------------------------------------------------------------------------
See the Assessment Rates section of this notice below.
Methodology
The Department is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export
prices (EP) have been calculated in accordance with section 772 of the
Act.
Super Impex reported that it made no sales to the home market.\11\
Super Impex's responses indicate that its sales to third countries also
were not viable,\12\ within the meaning of section 773(a)(1)(C)(i) of
the Act.\13\ Therefore, for these preliminary results, we relied on
constructed value (CV) as the basis for calculating NV, in accordance
with section 773(a)(4) of the Act.
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\11\ See Super Impex's Section A Questionnaire Response,
February 26, 2014, at A-3.
\12\ Id.
\13\ See Preliminary Decision Memorandum at 13.
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Calculation of Normal Value Based on Constructed Value
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum at 14-15.
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 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 version of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, the Department determines that the
weighted-average dumping margin for the POR is as follows:
------------------------------------------------------------------------
Weighted-
average dumping
Producer/exporter margin
(percent)
------------------------------------------------------------------------
Super Impex............................................ 7.79
------------------------------------------------------------------------
Assessment Rate
Upon issuance of the final results, the Department shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. For any individually examined respondents whose
weighted-average dumping margin is above de minimis, we will calculate
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for the importer's examined
sales to the total entered value of those same sales in accordance with
19 CFR 351.212(b)(1).\14\ We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate calculated in the final results of
this review is above de minimis (i.e., 0.50 percent). Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review where applicable.
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\14\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will
[[Page 60452]]
apply to entries of subject merchandise during the POR produced by each
respondent for which they 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 all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\15\
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\15\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise 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)(2)(C) of the Act: (1) The cash deposit rate for Super Impex will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 3.91 percent, the all-
others rate established in the investigation.
Disclosure and Public Comment
The Department intends to disclose to interested parties to this
proceeding the calculations performed in connection with these
preliminary results within five days after the date of publication of
this notice.\16\ Pursuant to 19 CFR 351.309(c), interested parties may
submit cases briefs not later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\17\ Parties who submit case briefs or
rebuttal briefs in this proceeding are requested to submit with the
argument: (1) A statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities.\18\ All case and rebuttal
briefs must 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 the Department's electronic
records system, IA ACCESS, by 5:00 p.m. Eastern Standard Time within 30
days after the date of publication of this notice. Executive summaries
should be limited to five pages total, including footnotes.
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\16\ See 19 CFR 351.224(b).
\17\ See 19 CFR 351.309(d).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
\19\ See 19 CFR 351.303(f).
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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 of
publication of this notice.\20\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. 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. Parties should confirm by telephone the date, time,
and location of the hearing.
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\20\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), the Department
intends to issue the final results of this administrative review,
including the results of our analysis of the issues raised by the
parties in their case and rebuttal briefs, within 120 days after the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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
Department's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Partial Rescission of the 2012-2013 Administrative Review
4. No Shipment Claim by AR Printing
5. Discussion of Methodology
[FR Doc. 2014-23966 Filed 10-6-14; 8:45 am]
BILLING CODE 3510-DS-P
