Certain Lined Paper Products From India: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review; 2010-2011, 29300-29301 [2015-12337]
Download as PDF
<![CDATA[
29300
Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
report annually to the Department of
Commerce (Commerce) information on
contracts for the sale of defense articles
or defense services to foreign countries
or foreign firms that are subject to
offsets agreements exceeding $5,000,000
in value. U.S. firms are also required to
report annually to Commerce
information on offsets transactions
completed in performance of existing
offsets commitments for which offsets
credit of $250,000 or more has been
claimed from the foreign representative.
This year, such reports must include
relevant information from calendar year
2014 and must be submitted to
Commerce no later than June 15, 2015.
ADDRESSES: Reports should be
addressed to ‘‘Offsets Program Manager,
U.S. Department of Commerce, Office of
Strategic Industries and Economic
Security, Bureau of Industry and
Security (BIS), Room 3878, Washington,
DC 20230.’’
FOR FURTHER INFORMATION CONTACT:
Ronald DeMarines, Office of Strategic
Industries and Economic Security,
Bureau of Industry and Security, U.S.
Department of Commerce, telephone:
202–482–3755; fax: 202–482–5650;
email: ronald.demarines@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 723(a)(1) of the Defense
Production Act of 1950, as amended
(DPA) (50 U.S.C. app. 2172 (2009)),
requires the President to submit an
annual report to Congress on the impact
of offsets on the U.S. defense industrial
base. Section 723(a)(2) directs the
Secretary of Commerce (Secretary) to
prepare the President’s report and to
develop and administer the regulations
necessary to collect offsets data from
U.S. defense exporters.
The authorities of the Secretary
regarding offsets have been delegated to
the Under Secretary of Commerce for
Industry and Security. The regulations
associated with offsets reporting are set
forth in part 701 of title 15 of the Code
of Federal Regulations. Offsets are
compensation practices required as a
condition of purchase in either
government-to-government or
commercial sales of defense articles
and/or defense services, as defined by
the Arms Export Control Act and the
International Traffic in Arms
Regulations. For example, a company
that is selling a fleet of military aircraft
to a foreign government may agree to
offset the cost of the aircraft by
providing training assistance to plant
managers in the purchasing country.
Although this distorts the true price of
the aircraft, the foreign government may
VerDate Sep<11>2014
20:28 May 20, 2015
Jkt 235001
require this sort of extra compensation
as a condition of awarding the contract
to purchase the aircraft. As described in
the regulations, U.S. firms are required
to report information on contracts for
the sale of defense articles or defense
services to foreign countries or foreign
firms that are subject to offsets
agreements exceeding $5,000,000 in
value. U.S. firms are also required to
report annually information on offsets
transactions completed in performance
of existing offsets commitments for
which offsets credit of $250,000 or more
has been claimed from the foreign
representative.
Commerce’s annual report to Congress
includes an aggregated summary of the
data reported by industry in accordance
with the offsets regulations and the DPA
(50 U.S.C. app. 2172 (2009)). As
provided by section 723(c) of the DPA,
BIS will not publicly disclose
individual firm information it receives
through offsets reporting unless the firm
furnishing the information specifically
authorizes public disclosure. The
information collected is sorted and
organized into an aggregate report of
national offsets data, and therefore does
not identify company-specific
information.
In order to enable BIS to prepare the
next annual offset report reflecting
calendar year 2014 data, U.S. firms must
submit required information on offsets
agreements and offsets transactions from
calendar year 2014 to BIS no later than
June 15, 2015.
Dated: May 18, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2015–12394 Filed 5–20–15; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–843]
Certain Lined Paper Products From
India: Notice of Court Decision Not in
Harmony With Final Results of
Antidumping Duty Administrative
Review and Notice of Amended Final
Results of Antidumping Duty
Administrative Review; 2010–2011
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 4, 2015, the United
States Court of International Trade (the
AGENCY:
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Court) issued Navneet II,
sustained the Final Remand Results 2
that the Department of Commerce (the
Department) issued in connection with
Navneet I.
the Department recalculated the
weighted-average dumping margin that
was established for 51 companies that
neither failed to cooperate with the
agency nor were selected for individual
investigation (hereinafter referred to as
the non-selected respondents).4
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (CAFC) in Timken,
clarified by Diamond Sawblades,
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s final
results of the administrative review of
the antidumping duty order on certain
lined paper products from India
covering the period of review September
1, 2010, through August 31, 2011 (POR).
DATES: Effective Date: May 14, 2015.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinson, 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)
482–3797.
SUPPLEMENTARY INFORMATION:
Background
On April 15, 2013, the Department
issued the Final Results.
Education Ltd. (Navneet) 8 and eight
other companies 9 timely filed
1 See Navneet Publications (India) Ltd. et al. v.
United States, Court No. 13–00204, Slip. Op. 15–
41 (CIT May 4, 2015) (Navneet II).
2 See Final Results Of Redetermination Pursuant
To Court Remand, Court No. 13–00204, Slip Op.
14–87 (December 4, 2014) (Final Remand Results),
which is available at https://enforcement.trade.gov/
remands/14-87.pdf.
3 See Navneet Publications (India) Ltd. v. United
States, Court No. 13–00204, Slip Op. 14–87 (CIT
July 22, 2014) (Navneet I).
4 See Final Remand Results at 12–17.
5 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
6 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
7 See Certain Lined Paper Products from India:
Final Results of Antidumping Duty Administrative
Review; 2010–2011, 78 FR 22232 (April 15, 2013)
(Final Results) and accompanying Issues and
Decision Memorandum (Final Decision
Memorandum).
8 Navneet Education Ltd. (Navneet) was formally
known as Navneet Publications (India) Ltd. See
Certain Lined Paper Products From India: Final
Results of Changed Circumstances Review, 79 FR
35727 (June 24, 2014) (Navneet CCR Final Results).
9 The other eight companies are: Marisa
International; Riddhi Enterprises, Ltd.; Super
Impex; Pioneer Stationary Pvt. Ltd.; SGM Paper
Products; SAB International; Lodha Offset Limited;
and Magic International Pvt. Ltd. By Court Order on
E:\FR\FM\21MYN1.SGM
21MYN1
Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices
complaints with the Court and
challenged certain aspects of the Final
Results. In Navneet I, the Court
remanded the Department’s Final
Results with respect to the Department’s
calculation of the 11.01 percent nonselected rate assigned to 51 non-selected
respondents. The Department based the
non-selected rate on the simple average
of the two mandatory respondents’ zero
rates and two (out of four) of the 22.02
percent adverse facts available (AFA)
rates assigned to the uncooperative
respondents, which failed to respond to
the Department’s quantity and value
questionnaire.10
On July 22, 2014, the Court remanded
the Department’s Final Results and
instructed the Department to reconsider
the following two issues: (1) That the
rate assigned to the non-selected
companies should be supported by
‘‘substantial evidence,’’ and (2) that the
rate reflects the ‘‘economic reality’’ and
‘‘pricing behavior’’ of the non-selected
respondents.11
On December 4, 2014, the Department
filed the Final Remand Results with the
Court, in which it continued to find
evidence of dumping during the POR,
drew an inference that the behavior of
uncooperative respondents reflects
rational choice, and, thus, found it
reasonable to assign an above de
minimis margin to the non-selected
respondents.12 In the Final Remand
Results, the Department explained that
this approach complied with the Court’s
holding in Navneet I that the nonselected margin be tied to the relevant
factual circumstances of the
administrative review and the economic
reality of the non-selected
respondents.13 On May 4, 2015, the
Court entered judgment sustaining the
Final Remand Results.14
tkelley on DSK3SPTVN1PROD with NOTICES
Timken Notice
In Timken, 893 F.2d at 341, as
clarified by Diamond Sawblades, the
CAFC held that, pursuant to section
516A(e) of the Tariff Act of 1930, as
amended (the Act), the Department
must publish a notice of a court
decision that is not ‘‘in harmony’’ with
a Department determination and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The
Court’s judgment in Navneet II
sustaining the Final Remand Results
constitutes a final decision of the Court
June 20, 2013, Riddhi Enterprises, Ltd. and SAB
International were dismissed from the litigation.
10 See Navneet I at 19, referencing the Final
Decision Memorandum at Comment 5.
11 See Navneet I at 15.
12 See Final Remand Results 14–15.
13 Id.
14 See Navneet II at 11.
VerDate Sep<11>2014
20:28 May 20, 2015
Jkt 235001
29301
that is not in harmony with the
Department’s Final Results. This notice
is published in fulfillment of the
publication requirement of Timken.
Notification to Interested Parties
Amended Final Results
Dated: May 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Because there is now a final court
decision, the Department is amending
the Final Results with respect to
Navneet and the other non-selected,
cooperative exporters that are plaintiffs
in this case. The revised weightedaverage dumping margins for these
exporters during the period September
1, 2010, through August 31, 2011, are as
follows:
WEIGHTED-AVERAGE DUMPING MARGIN
FOR PLAINTIFF EXPORTERS
Producer/exporter
Lodha Offset Limited ..................
Magic International Pvt Ltd .........
Marisa International ....................
Navneet Education Ltd 15 ...........
Pioneer Stationery Pvt. Ltd ........
SGM Paper Products .................
Super Impex ...............................
Weightedaverage
dumping
margin
(percent)
Cash Deposit Requirements
Since the Final Results, the
Department has established a new cash
deposit rate for Navneet Education Ltd.
and Super Impex.16 Therefore, the cash
deposit rate for these two companies
does not need to be updated as a result
of these amended final results The cash
deposit rate will be the rate listed above
for the remaining five companies listed
above and subject to this remand.
15 Navneet Education Ltd. is a successor in
interest to Navneet Publications (India) Ltd. See
Navneet CCR Final Results.
16 See Certain Lined Paper Products From India:
Final Results of Antidumping Duty Administrative
Review; 2011–2012, 79 FR 26205 (May 7, 2014); see
also Certain Lined Paper Products From India: Final
Results of Antidumping Duty Administrative
Review; 2012–2013, 80 FR 19278 (April 10, 2015).
Frm 00003
Fmt 4703
Sfmt 4703
[FR Doc. 2015–12337 Filed 5–20–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD935
Mid-Atlantic Fishery Management
Council (MAFMC); Fisheries of the
Northeastern United States; Scoping
Process
National Marine Fisheries
Service (NMFS), National Oceanic and
0.50
0.50 Atmospheric Administration (NOAA),
0.50 Commerce.
0.50 ACTION: Notice of intent to prepare an
0.50 environmental impact statement (EIS);
0.50 notice of initiation of scoping process;
0.50 notice of public scoping meetings;
request for comments.
Accordingly, the Department will
continue the suspension of liquidation
of the subject merchandise pending the
expiration of the period of appeal or, if
appealed, pending a final and
conclusive court decision. In the event
the Court’s ruling is not appealed or, if
appealed, upheld by the CAFC, the
Department will instruct U.S. Customs
and Border Protection to assess
antidumping duties on unliquidated
entries of subject merchandise exported
by the above listed exporters at the rate
listed above.
PO 00000
This notice is issued and published in
accordance with sections 516A(e),
751(a)(1), and 777(i)(1) of the Act.
AGENCY:
The Mid-Atlantic Fishery
Management Council announces its
intent to prepare, in cooperation with
NMFS, either an amendment to the
fishery management plan for golden
tilefish or a new fishery management
plan. In either case, the reason for action
is to develop conservation and
management measures for blueline
tilefish off the Mid-Atlantic. To support
this effort, the Council may prepare an
environmental impact statement in
accordance with the National
Environmental Policy Act to analyze the
impacts of any proposed management
measures. This notice announces a
public process for determining the
scope of issues to be addressed, for
identifying concerns and potential
alternatives related to management of
blueline tilefish off the Mid-Atlantic,
and for determining the appropriate
level of environmental analysis. This
notice alerts the interested public of the
scoping process, the potential
development of an environmental
impact statement or environmental
assessment as appropriate, and provides
for public participation in that process.
Five scoping hearings will be held in
June 2015 for this action.
DATES: The meetings will be held
between June 1, 2015, and June 18,
2015, as described below. Written
SUMMARY:
E:\FR\FM\21MYN1.SGM
21MYN1
]]>Agencies
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29300-29301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12337]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Notice of Court Decision
Not in Harmony With Final Results of Antidumping Duty Administrative
Review and Notice of Amended Final Results of Antidumping Duty
Administrative Review; 2010-2011
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 4, 2015, the United States Court of International Trade
(the Court) issued Navneet II,\1\ which sustained the Final Remand
Results \2\ that the Department of Commerce (the Department) issued in
connection with Navneet I.\3\ In the Final Remand Results, the
Department recalculated the weighted-average dumping margin that was
established for 51 companies that neither failed to cooperate with the
agency nor were selected for individual investigation (hereinafter
referred to as the non-selected respondents).\4\
---------------------------------------------------------------------------
\1\ See Navneet Publications (India) Ltd. et al. v. United
States, Court No. 13-00204, Slip. Op. 15-41 (CIT May 4, 2015)
(Navneet II).
\2\ See Final Results Of Redetermination Pursuant To Court
Remand, Court No. 13-00204, Slip Op. 14-87 (December 4, 2014) (Final
Remand Results), which is available at https://enforcement.trade.gov/remands/14-87.pdf.
\3\ See Navneet Publications (India) Ltd. v. United States,
Court No. 13-00204, Slip Op. 14-87 (CIT July 22, 2014) (Navneet I).
\4\ See Final Remand Results at 12-17.
---------------------------------------------------------------------------
Consistent with the decision of the United States Court of Appeals
for the Federal Circuit (CAFC) in Timken,\5\ as clarified by Diamond
Sawblades,\6\ the Department is notifying the public that the final
judgment in this case is not in harmony with the Department's final
results of the administrative review of the antidumping duty order on
certain lined paper products from India covering the period of review
September 1, 2010, through August 31, 2011 (POR).
---------------------------------------------------------------------------
\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
DATES: Effective Date: May 14, 2015.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson, 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-
3797.
SUPPLEMENTARY INFORMATION:
Background
On April 15, 2013, the Department issued the Final Results.\7\
Navneet Education Ltd. (Navneet) \8\ and eight other companies \9\
timely filed
[[Page 29301]]
complaints with the Court and challenged certain aspects of the Final
Results. In Navneet I, the Court remanded the Department's Final
Results with respect to the Department's calculation of the 11.01
percent non-selected rate assigned to 51 non-selected respondents. The
Department based the non-selected rate on the simple average of the two
mandatory respondents' zero rates and two (out of four) of the 22.02
percent adverse facts available (AFA) rates assigned to the
uncooperative respondents, which failed to respond to the Department's
quantity and value questionnaire.\10\
---------------------------------------------------------------------------
\7\ See Certain Lined Paper Products from India: Final Results
of Antidumping Duty Administrative Review; 2010-2011, 78 FR 22232
(April 15, 2013) (Final Results) and accompanying Issues and
Decision Memorandum (Final Decision Memorandum).
\8\ Navneet Education Ltd. (Navneet) was formally known as
Navneet Publications (India) Ltd. See Certain Lined Paper Products
From India: Final Results of Changed Circumstances Review, 79 FR
35727 (June 24, 2014) (Navneet CCR Final Results).
\9\ The other eight companies are: Marisa International; Riddhi
Enterprises, Ltd.; Super Impex; Pioneer Stationary Pvt. Ltd.; SGM
Paper Products; SAB International; Lodha Offset Limited; and Magic
International Pvt. Ltd. By Court Order on June 20, 2013, Riddhi
Enterprises, Ltd. and SAB International were dismissed from the
litigation.
\10\ See Navneet I at 19, referencing the Final Decision
Memorandum at Comment 5.
---------------------------------------------------------------------------
On July 22, 2014, the Court remanded the Department's Final Results
and instructed the Department to reconsider the following two issues:
(1) That the rate assigned to the non-selected companies should be
supported by ``substantial evidence,'' and (2) that the rate reflects
the ``economic reality'' and ``pricing behavior'' of the non-selected
respondents.\11\
---------------------------------------------------------------------------
\11\ See Navneet I at 15.
---------------------------------------------------------------------------
On December 4, 2014, the Department filed the Final Remand Results
with the Court, in which it continued to find evidence of dumping
during the POR, drew an inference that the behavior of uncooperative
respondents reflects rational choice, and, thus, found it reasonable to
assign an above de minimis margin to the non-selected respondents.\12\
In the Final Remand Results, the Department explained that this
approach complied with the Court's holding in Navneet I that the non-
selected margin be tied to the relevant factual circumstances of the
administrative review and the economic reality of the non-selected
respondents.\13\ On May 4, 2015, the Court entered judgment sustaining
the Final Remand Results.\14\
---------------------------------------------------------------------------
\12\ See Final Remand Results 14-15.
\13\ Id.
\14\ See Navneet II at 11.
---------------------------------------------------------------------------
Timken Notice
In Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the
CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930,
as amended (the Act), the Department must publish a notice of a court
decision that is not ``in harmony'' with a Department determination and
must suspend liquidation of entries pending a ``conclusive'' court
decision. The Court's judgment in Navneet II sustaining the Final
Remand Results constitutes a final decision of the Court that is not in
harmony with the Department's Final Results. This notice is published
in fulfillment of the publication requirement of Timken.
Amended Final Results
Because there is now a final court decision, the Department is
amending the Final Results with respect to Navneet and the other non-
selected, cooperative exporters that are plaintiffs in this case. The
revised weighted-average dumping margins for these exporters during the
period September 1, 2010, through August 31, 2011, are as follows:
Weighted-Average Dumping Margin for Plaintiff Exporters
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Lodha Offset Limited........................................ 0.50
Magic International Pvt Ltd................................. 0.50
Marisa International........................................ 0.50
Navneet Education Ltd \15\.................................. 0.50
Pioneer Stationery Pvt. Ltd................................. 0.50
SGM Paper Products.......................................... 0.50
Super Impex................................................. 0.50
------------------------------------------------------------------------
Accordingly, the Department will continue the suspension of
liquidation of the subject merchandise pending the expiration of the
period of appeal or, if appealed, pending a final and conclusive court
decision. In the event the Court's ruling is not appealed or, if
appealed, upheld by the CAFC, the Department will instruct U.S. Customs
and Border Protection to assess antidumping duties on unliquidated
entries of subject merchandise exported by the above listed exporters
at the rate listed above.
---------------------------------------------------------------------------
\15\ Navneet Education Ltd. is a successor in interest to
Navneet Publications (India) Ltd. See Navneet CCR Final Results.
---------------------------------------------------------------------------
Cash Deposit Requirements
Since the Final Results, the Department has established a new cash
deposit rate for Navneet Education Ltd. and Super Impex.\16\ Therefore,
the cash deposit rate for these two companies does not need to be
updated as a result of these amended final results The cash deposit
rate will be the rate listed above for the remaining five companies
listed above and subject to this remand.
---------------------------------------------------------------------------
\16\ See Certain Lined Paper Products From India: Final Results
of Antidumping Duty Administrative Review; 2011-2012, 79 FR 26205
(May 7, 2014); see also Certain Lined Paper Products From India:
Final Results of Antidumping Duty Administrative Review; 2012-2013,
80 FR 19278 (April 10, 2015).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e), 751(a)(1), and 777(i)(1) of the Act.
Dated: May 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-12337 Filed 5-20-15; 8:45 am]
BILLING CODE 3510-DS-P
