Certain Lined Paper Products From India: Notice of Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 60628-60631 [2015-25572]

Download as PDF 60628 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices days after the date of publication of this notice.3 Interested parties may submit case briefs to the Department no 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 no later than five days after the time limit for filing case briefs.4 Parties who submit case briefs or rebuttal briefs in this proceeding 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.5 Case and rebuttal briefs should be filed using ACCESS.6 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.7 Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.8 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, no 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 3 See 19 CFR 351.224(b). 4 See 19 CFR 351.309(d). 5 See 19 CFR 351.309(c)(2) and (d)(2). 6 See 19 CFR 351.303. 7 See 19 CFR 351.310(c). 8 Id. 9 See 19 CFR 351.212(b)(1). VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 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. For the company which was not selected for individual review (i.e., AMadeus), we will assign an assessment rate based on the methodology described in the ‘‘Rate for Non-Selected Companies’’ section, above. 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 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. 10 See section 751(a)(2)(C) of the Act. Narrow Woven Ribbons With Woven Selvedge From Taiwan and the People’s Republic of China: Amended Antidumping Duty Orders, 75 FR 56982, 56985 (Sept. 17, 2010). 11 See PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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 30, 2015. Ronald K. Lorentzen, Acting 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. Date of Sale f. Export Price g. Normal Value i. Home Market Viability ii. Level of Trade iii. Cost of Production Analysis iv. Calculation of Normal Value Based on Comparison Market Prices v. Calculation of Normal Value Based on Constructed Value h. Currency Conversion i. Rate for Non-Selected Companies 5. Recommendation [FR Doc. 2015–25571 Filed 10–6–15; 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 Preliminary Results of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. AGENCY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain lined SUMMARY: E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices paper products (CLPP) from India.1 The period of review (POR) is September 1, 2013, through August 31, 2014.2 We preliminarily determine that during the POR, mandatory respondent Kokuyo Riddhi 3 made sales of subject merchandise at less than normal value (NV) and mandatory respondent SAB International (SAB) did not. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: October 7, 2015. FOR FURTHER INFORMATION CONTACT: Cindy Robinson or George McMahon, 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 or (202) 482–1167, respectively. asabaliauskas on DSK5VPTVN1PROD with NOTICES 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 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 Department initiated the review with regard to seven companies: Kokuyo Riddhi Paper Products Private Limited (Kokuyo Riddhi), Marisa International (Marisa), Navneet Publications (India) Ltd./Navneet Education Limited (Navneet), Pioneer Stationery Private Limited (Pioneer), Riddhi Enterprises (Riddhi), SAB International (SAB), and Super Impex (AKA M/S Super Impex) (Super Impex). See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 64565 (October 30, 2014). We subsequently rescinded the review for three companies: Marisa, Pioneer, and Super Impex. See Certain Lined Paper Products From India: Partial Rescission of Antidumping Duty Administrative Review; 2013– 2014, 80 FR 15553 (March 24, 2015). 3 The Department has determined that Kokuyo Riddhi Paper Products Private Limited (Kokuyo Riddhi) is the successor-in-interest to Riddhi Enterprises. See Certain Lined Paper Products From India: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 80 FR 18373 (April 6, 2015) (Final Results of CCR—Kokuyo Riddhi), and the accompanying Issues and Decision Memorandum. Accordingly, we refer to Kokuyo Riddhi and Riddhi Enterprises as Kokuyo Riddhi in this review. VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 and customs purposes, the written product description remains dispositive.4 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 have been calculated in accordance with section 772 of the Act. Normal value has been calculated in accordance with section 773 of the Act. Because we disregarded the below-cost sales of Kokuyo Riddhi in the most recent administrative review of these companies completed before the initiation of this review,5 we have reasonable grounds to believe or suspect that Kokuyo Riddhi’s sales of the foreign like product under consideration for the determination of normal value in this review have been made at prices below the cost of production (COP). Accordingly, pursuant to section 773(b) of the Act, we have conducted a COP analysis of Kokuyo Riddhi’s sales. Based on this test, we disregarded certain sales made by Kokuyo Riddhi in its comparison market which were made at below-cost prices.6 4 For a complete description of the Scope of the Order, see Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Lined Paper Products from India; 2013–2014’’ dated concurrently with these results and hereby adopted by this notice (Preliminary Decision Memorandum). 5 See Certain Lined Paper Products From India: Final Results of Antidumping Duty Administrative Review; 2010–2011, 78 FR 22232 (April 15, 2013), as amended in Certain Lined Paper Products from India: Notice of Correction to the Final Results of Antidumping Duty Administrative Review; 2010– 2011, 80 FR 29300 (May 21, 2015). 6 On June 29, 2015, the President of the United States signed into law the Trade Preferences Extension Act of 2015 (TPEA), which made numerous amendments to the AD and countervailing duty law, including amendments to section 773(b)(2) of the Act, regarding the Department’s requests for information on sales at less than cost of production. See Trade Preferences Extension Act of 2015, Pub. L. 114–27, 129 Stat. 362 (2015) (TPEA). The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained to section 771(7) of the Act, which relate to determinations of material injury by the ITC. See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015). The amendments to section 773(b)(2) of the Act are applicable to determinations in which the complete initial questionnaire has not been issued as of August 6, 2015. Id., 80 FR at 46795. Because in this review questionnaires had been issued prior to the applicability date, these specific amendments do not apply to this review. Id., 80 FR at 46794–95. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 60629 For a full description of the methodology underlying our conclusions, please see the 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 (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit (CRU), room B8024 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 http:// enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Calculation of Normal Value Based on Constructed Value SAB reported that it made no sales to the home market.7 Pursuant to 773(a)(1)(C)(i) of the Act, we examined SAB’s third country sales and have determined that such sales do not constitute a viable comparison market (CM) within the meaning of section 773(a)(1)(B)(ii)(II) of the Act.8 Therefore, for these preliminary results, we relied on constructed value (CV) as the basis for calculating NV, in accordance with section 773(a)(4) and (e) of the Act.9 Preliminary Results of the Review As a result of this review, we preliminarily determine the following weighted-average dumping margins for the POR: The 2015 amendments may be found at https:// www.congress.gov/bill/114th-congress/house-bill/ 1295/text/pl. 7 See SAB’s Section A questionnaire response dated January 26, 2015 (SAB’s Sec AQR) at Exhibit A–1 and page 2. 8 See SAB’s Sec AQR; see also revised data in SAB’s Section A–D supplemental questionnaire response dated April 27, 2015 at Exhibits S1–1 (a), Exhibits S1–1 (b), and the accompanying SAB’s U.S. and Third Country sales database for sales during the POR. 9 See Preliminary Decision Memorandum at 12. 10 The margin for Navneet is the calculated weighted-average margin of Kokuyo Riddhi, the sole mandatory respondent receiving a margin that is above de minimis in these preliminary results. For further discussion, see the Preliminary Decision Memorandum at the ‘‘Margin for Company Not Selected for Individual Examination’’ section. E:\FR\FM\07OCN1.SGM 07OCN1 60630 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices Producer/exporter Kokuyo Riddhi Paper Products Private Limited (formerly known as Riddhi Enterprises). SAB International .................. Navneet Publications (India) Ltd./Navneet Education Limited 10. Weightedaverage dumping margin (percent) 11.77 de minimis 11.77 asabaliauskas on DSK5VPTVN1PROD with NOTICES Assessment Rate 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. 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).11 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. In accordance with the Department’s ‘‘automatic assessment’’ practice, for 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, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: 11 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). VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 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 Kokuyo Riddhi and SAB will be the rates 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 recently completed segment of this proceeding in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fairvalue investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding 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.12 Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case 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.13 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.14 All case and rebuttal briefs must be filed electronically using ACCESS, and must also be served on 19 CFR 351.224(b). 19 CFR 351.309(d). 14 See 19 CFR 351.309(c)(2) and (d)(2). interested parties.15 An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Executive summaries should be limited to five pages total, including footnotes. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.16 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, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. 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 12 See 13 See PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 15 See 16 See E:\FR\FM\07OCN1.SGM 19 CFR 351.303(f). 19 CFR 351.310(c). 07OCN1 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices with sections 751(a)(1) and 777(i)(1) of the Act. and to prepare a draft environmental impact statement and management plan. Dated: September 30, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. SUMMARY: Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background A. Initiation of the Administrative Review B. Partial Rescission of the 2013–2014 Administrative Review C. Selection of Respondents for Individual Examination D. Kokuyo Riddhi E. SAB III. Scope of the Order IV. Discussion of Methodology A. Date of Sale B. Comparisons to Normal Value C. Product Comparisons D. Determination of the Comparison Method E. Results of the DP Analysis 1. Kokuyo Riddhi 2. SAB F. U.S. Price G. Normal Value 1. Home Market Viability and Comparison Market Selection 2. Kokuyo Riddhi 3. SAB 4. Level of Trade H. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison Market Prices and COP 3. Results of COP Test 4. Calculation of Normal Value Based on Comparison Market Prices 5. Calculation of Normal Value Based on Constructed Value I. Margin for Company Not Selected for Individual Examination J. Currency Conversion V. Recommendation [FR Doc. 2015–25572 Filed 10–6–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE asabaliauskas on DSK5VPTVN1PROD with NOTICES National Oceanic and Atmospheric Administration Notice of Intent To Conduct Scoping and To Prepare a Draft Environmental Impact Statement for the Proposed Wisconsin—Lake Michigan National Marine Sanctuary Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). AGENCY: Notice of intent to conduct scoping, hold public scoping meetings ACTION: VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 In accordance with section 304(a) of the National Marine Sanctuaries Act, as amended, (NMSA) (16 U.S.C. 1431 et seq.), and based on the resources and boundaries described in the community-based nomination submitted to NOAA on December 2, 2014 (www.nominate.noaa.gov/ nominations), NOAA is initiating a process to consider designating an area of Wisconsin’s Lake Michigan as a national marine sanctuary. The designation process, as required by the NMSA, will be conducted concurrently with a public process under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.). This notice also informs the public that NOAA will coordinate its responsibilities under section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. 470) with its ongoing NEPA process, pursuant to 36 CFR 800.8(a), including the use of NEPA documents and public and stakeholder meetings to also meet the requirements of section 106. The public scoping process is intended to solicit information and comments on the range of issues and the significant issues to be analyzed in depth in an environmental impact statement related to designating this area as a national marine sanctuary. The results of this scoping process will assist NOAA in moving forward with the designation process and in formulating alternatives for the draft environmental impact statement and proposed regulations, including developing national marine sanctuary boundaries. It will also inform the initiation of any consultations with federal, state, or local agencies and other interested parties, as appropriate. DATES: Comments must be received by January 15, 2016. Public scoping meetings will be held as detailed below: (1) Manitowoc, WI Date: November 17, 2015 Location: Wisconsin Maritime Museum Address: 75 Maritime Drive, Manitowoc, WI Time: 6:30–8:30 p.m. (2) Port Washington, WI Date: November 18, 2015 Location: Wilson House Address: 200 N. Franklin St., Port Washington, WI Time: 6:30–8:30 p.m. (3) Sheboygan, WI Date: November 19, 2015 Location: University of WisconsinSheboygan, Main Building, Wombat Room (Room 2114) Address: 1 University Drive, PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 60631 Sheboygan, WI Time: 6:30–8:30 p.m. ADDRESSES: Comments may be submitted by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov// #!docketDetail;D=NOAA-NOS-20150112, click the ‘‘Comment Now!’’ icon, complete the required fields and enter or attach your comments. • Mail: Ellen Brody, Great Lakes Regional Coordinator, 4840 S State Road, Ann Arbor, MI 48108–9719. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NOAA. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (for example, name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily submitted by the commenter will be publicly accessible. NOAA will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Ellen Brody, Great Lakes Regional Coordinator, 734–741–2270, ellen.brody@noaa.gov SUPPLEMENTARY INFORMATION: I. Background The NMSA authorizes the Secretary of Commerce (Secretary) to designate and protect as national marine sanctuaries areas of the marine environment that are of special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or esthetic qualities. Day-to-day management of national marine sanctuaries has been delegated by the Secretary to ONMS. The primary objective of the NMSA is to protect the biological and cultural resources of the sanctuary system, such as coral reefs, marine animals, historic shipwrecks, historic structures, and archaeological sites. The area being considered for designation as a national marine sanctuary is a region that includes 875 square miles of Lake Michigan waters and bottomlands adjacent to Manitowoc, Sheboygan, and Ozaukee counties and the cities of Port Washington, Sheboygan, Manitowoc, and Two Rivers. It includes 80 miles of E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60628-60631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25572]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Notice of Preliminary 
Results of Antidumping Duty Administrative Review; 2013-2014

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

[[Page 60629]]

paper products (CLPP) from India.\1\ The period of review (POR) is 
September 1, 2013, through August 31, 2014.\2\ We preliminarily 
determine that during the POR, mandatory respondent Kokuyo Riddhi \3\ 
made sales of subject merchandise at less than normal value (NV) and 
mandatory respondent SAB International (SAB) did not. Interested 
parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------

    \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 Department initiated the review with regard to seven 
companies: Kokuyo Riddhi Paper Products Private Limited (Kokuyo 
Riddhi), Marisa International (Marisa), Navneet Publications (India) 
Ltd./Navneet Education Limited (Navneet), Pioneer Stationery Private 
Limited (Pioneer), Riddhi Enterprises (Riddhi), SAB International 
(SAB), and Super Impex (AKA M/S Super Impex) (Super Impex). See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 79 FR 64565 (October 30, 2014). We subsequently rescinded 
the review for three companies: Marisa, Pioneer, and Super Impex. 
See Certain Lined Paper Products From India: Partial Rescission of 
Antidumping Duty Administrative Review; 2013-2014, 80 FR 15553 
(March 24, 2015).
    \3\ The Department has determined that Kokuyo Riddhi Paper 
Products Private Limited (Kokuyo Riddhi) is the successor-in-
interest to Riddhi Enterprises. See Certain Lined Paper Products 
From India: Notice of Final Results of Antidumping Duty Changed 
Circumstances Review, 80 FR 18373 (April 6, 2015) (Final Results of 
CCR--Kokuyo Riddhi), and the accompanying Issues and Decision 
Memorandum. Accordingly, we refer to Kokuyo Riddhi and Riddhi 
Enterprises as Kokuyo Riddhi in this review.

---------------------------------------------------------------------------
DATES: Effective Date: October 7, 2015.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or George McMahon, 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 
or (202) 482-1167, respectively.

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 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Certain Lined Paper Products 
from India; 2013-2014'' dated concurrently with these results and 
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

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 have been calculated in accordance with section 772 of the Act. 
Normal value has been calculated in accordance with section 773 of the 
Act. Because we disregarded the below-cost sales of Kokuyo Riddhi in 
the most recent administrative review of these companies completed 
before the initiation of this review,\5\ we have reasonable grounds to 
believe or suspect that Kokuyo Riddhi's sales of the foreign like 
product under consideration for the determination of normal value in 
this review have been made at prices below the cost of production 
(COP). Accordingly, pursuant to section 773(b) of the Act, we have 
conducted a COP analysis of Kokuyo Riddhi's sales. Based on this test, 
we disregarded certain sales made by Kokuyo Riddhi in its comparison 
market which were made at below-cost prices.\6\
---------------------------------------------------------------------------

    \5\ See Certain Lined Paper Products From India: Final Results 
of Antidumping Duty Administrative Review; 2010-2011, 78 FR 22232 
(April 15, 2013), as amended in Certain Lined Paper Products from 
India: Notice of Correction to the Final Results of Antidumping Duty 
Administrative Review; 2010-2011, 80 FR 29300 (May 21, 2015).
    \6\ On June 29, 2015, the President of the United States signed 
into law the Trade Preferences Extension Act of 2015 (TPEA), which 
made numerous amendments to the AD and countervailing duty law, 
including amendments to section 773(b)(2) of the Act, regarding the 
Department's requests for information on sales at less than cost of 
production. See Trade Preferences Extension Act of 2015, Pub. L. 
114-27, 129 Stat. 362 (2015) (TPEA). The 2015 law does not specify 
dates of application for those amendments. On August 6, 2015, the 
Department published an interpretative rule, in which it announced 
the applicability dates for each amendment to the Act, except for 
amendments contained to section 771(7) of the Act, which relate to 
determinations of material injury by the ITC. See Dates of 
Application of Amendments to the Antidumping and Countervailing Duty 
Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 
46793 (August 6, 2015). The amendments to section 773(b)(2) of the 
Act are applicable to determinations in which the complete initial 
questionnaire has not been issued as of August 6, 2015. Id., 80 FR 
at 46795. Because in this review questionnaires had been issued 
prior to the applicability date, these specific amendments do not 
apply to this review. Id., 80 FR at 46794-95. The 2015 amendments 
may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
---------------------------------------------------------------------------

    For a full description of the methodology underlying our 
conclusions, please see the 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 (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
is available to all parties in the Central Records Unit (CRU), room 
B8024 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 http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic version of the Preliminary Decision Memorandum are identical 
in content.

Calculation of Normal Value Based on Constructed Value

    SAB reported that it made no sales to the home market.\7\ Pursuant 
to 773(a)(1)(C)(i) of the Act, we examined SAB's third country sales 
and have determined that such sales do not constitute a viable 
comparison market (CM) within the meaning of section 
773(a)(1)(B)(ii)(II) of the Act.\8\ Therefore, for these preliminary 
results, we relied on constructed value (CV) as the basis for 
calculating NV, in accordance with section 773(a)(4) and (e) of the 
Act.\9\
---------------------------------------------------------------------------

    \7\ See SAB's Section A questionnaire response dated January 26, 
2015 (SAB's Sec AQR) at Exhibit A-1 and page 2.
    \8\ See SAB's Sec AQR; see also revised data in SAB's Section A-
D supplemental questionnaire response dated April 27, 2015 at 
Exhibits S1-1 (a), Exhibits S1-1 (b), and the accompanying SAB's 
U.S. and Third Country sales database for sales during the POR.
    \9\ See Preliminary Decision Memorandum at 12.
---------------------------------------------------------------------------

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the POR:
---------------------------------------------------------------------------

    \10\ The margin for Navneet is the calculated weighted-average 
margin of Kokuyo Riddhi, the sole mandatory respondent receiving a 
margin that is above de minimis in these preliminary results. For 
further discussion, see the Preliminary Decision Memorandum at the 
``Margin for Company Not Selected for Individual Examination'' 
section.

[[Page 60630]]



------------------------------------------------------------------------
                                             Weighted- average  dumping
             Producer/exporter                    margin  (percent)
------------------------------------------------------------------------
Kokuyo Riddhi Paper Products Private        11.77
 Limited (formerly known as Riddhi
 Enterprises).
SAB International.........................  de minimis
Navneet Publications (India) Ltd./Navneet   11.77
 Education Limited \10\.
------------------------------------------------------------------------

Assessment Rate

    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. 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).\11\ 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.
---------------------------------------------------------------------------

    \11\ 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).
---------------------------------------------------------------------------

    In accordance with the Department's ``automatic assessment'' 
practice, for 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, 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. For a full 
discussion of this clarification, see Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).
    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 Kokuyo Riddhi 
and SAB will be the rates 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 recently completed 
segment of this proceeding in which that manufacturer or exporter 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or the original less-than-fair-value investigation, but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recently completed segment of this proceeding 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.\12\ Pursuant to 19 CFR 351.309(c)(1)(ii), interested 
parties may submit case 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.\13\ 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.\14\ All case and rebuttal 
briefs must be filed electronically using ACCESS, and must also be 
served on interested parties.\15\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after 
the date of publication of this notice. Executive summaries should be 
limited to five pages total, including footnotes.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce. 
All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\16\ 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, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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

[[Page 60631]]

with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 30, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
    A. Initiation of the Administrative Review
    B. Partial Rescission of the 2013-2014 Administrative Review
    C. Selection of Respondents for Individual Examination
    D. Kokuyo Riddhi
    E. SAB
III. Scope of the Order
IV. Discussion of Methodology
    A. Date of Sale
    B. Comparisons to Normal Value
    C. Product Comparisons
    D. Determination of the Comparison Method
    E. Results of the DP Analysis
    1. Kokuyo Riddhi
    2. SAB
    F. U.S. Price
    G. Normal Value
    1. Home Market Viability and Comparison Market Selection
    2. Kokuyo Riddhi
    3. SAB
    4. Level of Trade
    H. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Prices and COP
    3. Results of COP Test
    4. Calculation of Normal Value Based on Comparison Market Prices
    5. Calculation of Normal Value Based on Constructed Value
    I. Margin for Company Not Selected for Individual Examination
    J. Currency Conversion
V. Recommendation

[FR Doc. 2015-25572 Filed 10-6-15; 8:45 am]
 BILLING CODE 3510-DS-P