Certain Lined Paper Products From India: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2012, 60447-60448 [2014-23968]

Download as PDF Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Notices Department of Commerce, Bureau of Industry and Security (BIS) Notice of Membership on the Bureau of Industry and Security’s Performance Review Board Membership. ACTION: In accordance with 5 U.S.C. 4314(c)(4), the Bureau of Industry and Security (BIS), Department of Commerce (DOC), announce the appointment of those individuals who have been selected to serve as members of BIS’s Performance Review Board. The Performance Review Board is responsible for (1) reviewing performance appraisals and rating of Senior Executive Service (SES) members and (2) making recommendations to the appointing authority on other performance management issues, such as pay adjustments, bonuses and Presidential Rank Awards for SES members. The appointment of these members to the Performance Review Board will be for a period of twenty-four (24) months. SUMMARY: The period of appointment for those individuals selected for BIS’s Performance Review Board begins on October 7, 2014. DATES: FOR FURTHER INFORMATION CONTACT: Ruthie B. Stewart, Department of Commerce, Office of Human Resources Management, Office of Executive Resources, 14th and Constitution Avenue NW., Room 51010, Washington, DC 20230, at (202) 482–3130. In accordance with 5 U.S.C. 4314(c)(4), the Bureau of Industry and Security (BIS), Department of Commerce (DOC), announce the appointment of those individuals who have been selected to serve as members of BIS’s Performance Review Board. The Performance Review Board is responsible for (1) reviewing performance appraisals and rating of Senior Executive Service (SES) members and (2) making recommendations to the appointing authority on other performance management issues, such as pay adjustments, bonuses and Presidential Rank Awards for SES members. The appointment of these members to the Performance Review Board will be for a period of twenty-four (24) months. asabaliauskas on DSK5VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: The period of appointment for those individuals selected for BIS’s Performance Review Board begins on October 7, 2014. The name, position title, and type of appointment of each member of BIS’s Performance Review Board are set forth below by organization: DATES: VerDate Sep<11>2014 17:15 Oct 06, 2014 Jkt 235001 Daniel O. Hill, Deputy Under Secretary for Industry and Security, Career SES, Chairperson Matthew S. Borman, Deputy Assistant Secretary for Export Administration, Career SES Richard R. Majauskas, Deputy Assistant Secretary for Export Enforcement, Career SES Kathryn H. Chantry, Chief Financial Officer and Director of Administration, Career SES (New Member) Department of Commerce, Office of the General Counsel (OGC) Brian D. DiGiacomo, Chief, Employment and Labor Law Division, Career SES Department of Commerce, Office of the Secretary (OS) Frederick E. Stephens, Deputy Assistant Secretary for Administration, Office of the Chief Financial Officer and Assistant Secretary for Administration, Political Advisor Dated: October 1, 2014. Denise A. Yaag, Director, Office of Executive Resources, Office of Human Resources Management, Office of the Secretary/Office of the CFO/ASA, Department of Commerce. [FR Doc. 2014–23942 Filed 10–6–14; 8:45 am] BILLING CODE 3510–25–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–844] Certain Lined Paper Products From India: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty order on certain lined paper products from India. The period of review (POR) is January 1, 2012, through December 31, 2012, and the review covers one producer/exporter of the subject merchandise, A.R. Printing & Packaging India Pvt. Ltd. (AR Printing).1 We preliminarily determine that AR Printing received AGENCY: 1 The Department rescinded its review of Navneet Education Ltd. on January 31, 2014. See Certain Lined Paper Products from India: Notice of Partial Rescission of Countervailing Duty Administrative Review: 2012, 79 FR 5377 (January 31, 2014). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 60447 countervailable subsidies during the POR. DATES: Effective Date: October 7, 2014. 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: 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, available in the Lined Paper Order, remains dispositive.2 Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily 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. In making these findings, we relied, in part, on facts available because AR Printing failed to respond to the Department’s requests for necessary information and therefore necessary information was not on the record, and 2 See Decision Memorandum for Preliminary Results for the Countervailing Duty Administrative Review of 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, dated concurrently with these results (Preliminary Decision Memorandum); 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). E:\FR\FM\07OCN1.SGM 07OCN1 60448 Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Notices AR Printing withheld requested information, failed to provide requested information by the established deadlines, and significantly impeded this proceeding. See sections 776(a)(1) and (2)(A)–(C) of the Act. Furthermore, because we determine that AR Printing failed to cooperate by not acting to the best of its ability to comply with the Department’s requests for information, we drew an adverse inference in selecting from among the facts otherwise available. See section 776(b) of the Act. Finally, the Department intends to seek additional information from the Government of India concerning certain of its claims that AR Printing did not use certain programs and may verify information received. For a full description of the methodology underlying our conclusions, see ‘‘Decision Memorandum for Preliminary Results for the Countervailing Duty Administrative Review of Certain Lined Paper Products from India,’’ (Preliminary Decision Memorandum) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with these results and hereby adopted by this notice. 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 versions of the Preliminary Decision Memorandum are identical in content. asabaliauskas on DSK5VPTVN1PROD with NOTICES Preliminary Results of Review The Department preliminarily determines that the following net subsidy rate exists for the period January 1, 2012, though, December 31, 2012: Company Net subsidy rate A.R. Printing & Packaging India Pvt. Ltd. (AR Printing). 71.71 percent ad valorem. VerDate Sep<11>2014 17:15 Oct 06, 2014 Jkt 235001 Assessment and Cash Deposit Requirements The Department intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of the final results of this review. We will instruct CBP to collect cash deposits for the respondent at the countervailing duty rate indicated above of the f.o.b. invoice price on all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. We will also instruct CBP to continue to collect cash deposits for non-reviewed companies at the most recent company-specific or country-wide rate applicable to the company. These deposit requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment The Department intends to disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results. The Department will notify interested parties of the schedule for submitting written comments (case briefs) and rebuttal comments (rebuttal briefs).3 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments 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.4 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, filed electronically using IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.4 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.5 Parties should confirm by telephone the date, time, and location of the hearing. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, 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 comments, within 120 days after publication of these preliminary results. These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: September 30, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix Application of Adverse Facts Available (AFA)—AR Printing Analysis of Programs Summary Background Scope of the Order Application of AFA—AR Printing Analysis of Programs Programs Preliminarily Determined To Be Countervailable 1. Advance Authorization Program (AAP) 2. Export Promotion of Capital Goods Scheme (EPCGS) 3. Pre and Post-Shipment Loans 4. Export Oriented Units (EOUs) 5. Market Development Assistance (MDA) 6. Status Certificate Program 7. Market Access Initiative (MAI) 8. State Government of Maharashtra (SGOM) Programs A. Sales Tax Incentives Provided by SGOM B. Electricity Duties Exemptions Under the SGOM Package Program of Incentives of 1993 C. Loan Guarantees Based on Octroi Refunds by the SGOM D. Land for Less than Adequate Remuneration (LTAR) Programs Preliminarily Determined To Be Terminated 1. Duty Entitlement Passbook Scheme 2. Export Processing Zones (Renamed Special Economic Zones) 3. State Government of Gujarat (SGOG) Tax Incentives Programs Preliminarily Determined To Be Not Used During the POR 1. The GOI’s Loan Guarantee Program 2. Income Deduction (801B Tax Program) Recommendation [FR Doc. 2014–23968 Filed 10–6–14; 8:45 am] BILLING CODE 3510–DS–P 3 See 19 CFR 351.309(c)(ii) and (d)(1). 4 See 19 CFR 351.309(c)(2) and (d)(2). 3 See 19 CFR 351.310(c). PO 00000 Frm 00005 Fmt 4703 Sfmt 9990 5 See E:\FR\FM\07OCN1.SGM 19 CFR 351.310. 07OCN1

Agencies

[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60447-60448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23968]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]


Certain Lined Paper Products From India: Preliminary Results of 
Countervailing Duty Administrative Review; Calendar Year 2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty order on certain lined 
paper products from India. The period of review (POR) is January 1, 
2012, through December 31, 2012, and the review covers one producer/
exporter of the subject merchandise, A.R. Printing & Packaging India 
Pvt. Ltd. (AR Printing).\1\ We preliminarily determine that AR Printing 
received countervailable subsidies during the POR.
---------------------------------------------------------------------------

    \1\ The Department rescinded its review of Navneet Education 
Ltd. on January 31, 2014. See Certain Lined Paper Products from 
India: Notice of Partial Rescission of Countervailing Duty 
Administrative Review: 2012, 79 FR 5377 (January 31, 2014).

---------------------------------------------------------------------------
DATES: Effective Date: October 7, 2014.

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:

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, available in the Lined Paper Order, remains 
dispositive.\2\
---------------------------------------------------------------------------

    \2\ See Decision Memorandum for Preliminary Results for the 
Countervailing Duty Administrative Review of 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, dated 
concurrently with these results (Preliminary Decision Memorandum); 
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).
---------------------------------------------------------------------------

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
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. In making these findings, we relied, in part, on facts 
available because AR Printing failed to respond to the Department's 
requests for necessary information and therefore necessary information 
was not on the record, and

[[Page 60448]]

AR Printing withheld requested information, failed to provide requested 
information by the established deadlines, and significantly impeded 
this proceeding. See sections 776(a)(1) and (2)(A)-(C) of the Act. 
Furthermore, because we determine that AR Printing failed to cooperate 
by not acting to the best of its ability to comply with the 
Department's requests for information, we drew an adverse inference in 
selecting from among the facts otherwise available. See section 776(b) 
of the Act. Finally, the Department intends to seek additional 
information from the Government of India concerning certain of its 
claims that AR Printing did not use certain programs and may verify 
information received.
    For a full description of the methodology underlying our 
conclusions, see ``Decision Memorandum for Preliminary Results for the 
Countervailing Duty Administrative Review of Certain Lined Paper 
Products from India,'' (Preliminary Decision Memorandum) from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, dated concurrently with these results and hereby 
adopted by this notice. 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 versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following net 
subsidy rate exists for the period January 1, 2012, though, December 
31, 2012:

------------------------------------------------------------------------
                  Company                         Net subsidy rate
------------------------------------------------------------------------
A.R. Printing & Packaging India Pvt. Ltd.   71.71 percent ad valorem.
 (AR Printing).
------------------------------------------------------------------------

Assessment and Cash Deposit Requirements

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of the final results of this review. We will instruct CBP 
to collect cash deposits for the respondent at the countervailing duty 
rate indicated above of the f.o.b. invoice price on all shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. We will also instruct CBP to continue to collect cash 
deposits for non-reviewed companies at the most recent company-specific 
or country-wide rate applicable to the company. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Disclosure and Public Comment

    The Department intends to disclose to parties to this proceeding 
the calculations performed in reaching the preliminary results within 
five days of the date of publication of these preliminary results. The 
Department will notify interested parties of the schedule for 
submitting written comments (case briefs) and rebuttal comments 
(rebuttal briefs).\3\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs 
must be limited to issues raised in the case briefs. Parties who submit 
arguments 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.\4\
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.309(c)(ii) and (d)(1).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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, 
filed electronically using IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\4\ 
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.\5\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, 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 comments, within 120 days after 
publication of these preliminary results.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: September 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Application of Adverse Facts Available (AFA)--AR Printing

Analysis of Programs

Summary
Background
Scope of the Order
Application of AFA--AR Printing
Analysis of Programs
Programs Preliminarily Determined To Be Countervailable
    1. Advance Authorization Program (AAP)
    2. Export Promotion of Capital Goods Scheme (EPCGS)
    3. Pre and Post-Shipment Loans
    4. Export Oriented Units (EOUs)
    5. Market Development Assistance (MDA)
    6. Status Certificate Program
    7. Market Access Initiative (MAI)
    8. State Government of Maharashtra (SGOM) Programs
    A. Sales Tax Incentives Provided by SGOM
    B. Electricity Duties Exemptions Under the SGOM Package Program 
of Incentives of 1993
    C. Loan Guarantees Based on Octroi Refunds by the SGOM
    D. Land for Less than Adequate Remuneration (LTAR)
Programs Preliminarily Determined To Be Terminated
    1. Duty Entitlement Passbook Scheme
    2. Export Processing Zones (Renamed Special Economic Zones)
    3. State Government of Gujarat (SGOG) Tax Incentives
Programs Preliminarily Determined To Be Not Used During the POR
    1. The GOI's Loan Guarantee Program
    2. Income Deduction (801B Tax Program)
Recommendation

[FR Doc. 2014-23968 Filed 10-6-14; 8:45 am]
BILLING CODE 3510-DS-P
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