Certain Lined Paper Products From India: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2016, 50896-50897 [2018-21984]
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50896
Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
The petitioners claim that Enlin,
Vinox, and E N Corporation are
affiliated, pursuant to section 771(33) of
the Act and 19 CFR 351.102(b), based on
Enlin’s direct statement of affiliation
with Vinox in its Section A
questionnaire response of the initial
investigation, evidence of control over
Vinox and E N Corporation by the same
individuals or family members, similar
or identical company addresses, and a
common Canadian trademark.15
Pursuant to 19 CFR 351.401(f),
Commerce will collapse affiliated
entities when there is: (1) Evidence that
the entities have production facilities
for similar or identical products that
would not require substantial retooling
of either facility in order to restructure
manufacturing priorities; and (2) a
significant potential for the
manipulation of price or production,
such as through common ownership,
overlap of directors and managers, and
intertwined operations. There is
evidence on the record to support that
these criteria have been met.16
Specifically, record evidence
demonstrates that: (1) Enlin, Vinox, and
E N Corporation are affiliated parties
that each produce or have produced the
subject merchandise and have shipped
it to the same or similar importers in the
United States, and (2) there is a
‘‘significant potential for the
manipulation of price or production,’’ if
we do not collapse the companies due
to the level of common direction or
control.17
Accordingly, given the evidence
provided by the petitioners,18 along
with Enlin’s acknowledgement that the
three companies should be treated as a
single entity and that CBP should
collect antidumping duty cash deposits
on all unliquidated entries made by
Vinox and E N Corporation at the rate
assigned to Enlin,19 we find that: (1)
There were sufficient changed
circumstances in the trading patterns
and activities of Enlin, Vinox, and E N
Corporation that the petitioners allege
resulted in a possible evasion of the
Order; (2) Enlin, Vinox, and E N
Corporation should be collapsed as a
single entity; (3) the collapsed entity is
subject to the cash deposit rate assigned
to Enlin in the LTFV investigation; 20
and (4) the results of this CCR are
applied retroactively from the
publication date of the Order.21
Instructions to U.S. Customs and
Border Protection
As a result of this determination, we
find that both Vinox and E N
Corporation are subject to the cash
deposit rate currently assigned to Enlin
(i.e., 33.81 percent).22 Therefore,
Commerce will instruct CBP to continue
suspension of liquidation and to collect
estimated antidumping duties for all
unliquidated entries and shipments of
subject merchandise produced and
exported by Enlin, Vinox, and/or E N
Corporation at the cash deposit rate of
33.81 percent currently assigned to
Enlin, from the date of the publication
of the Order.23 This cash deposit
requirement shall remain in effect until
further notice. We will also instruct CBP
to liquidate any unliquidated entries
and shipments of subject merchandise
produced and exported by Vinox and/or
E N Corporation made during periods
for which Commerce has completed an
administrative review or for which no
administrative review was requested
(i.e., through and including January 31,
2018) at the 33.81 percent rate currently
assigned to Enlin.
Notification to Parties
This notice is the only reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Commerce is issuing and publishing
these results in accordance with
sections 751(b)(1) and (4) and 777(i) of
the Act, and 19 CFR 351.216 and 19
CFR 351.221(c)(3)(i).
Dated: October 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2018–21983 Filed 10–9–18; 8:45 am]
amozie on DSK3GDR082PROD with NOTICES1
15 See
Review Request; see also Request
Supplement.
16 Id.
17 Id.
18 Id.
19 See Questionnaire Response, where Enlin
stated that it agreed with the petitioners’ request (in
the Review Request at 2 and 5, and Request
Supplement at 1, 2, and 4).
20 See the Order, 66 FR 11257.
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BILLING CODE 3510–DS–P
21 See, e.g., Large Power Transformers from the
Republic of Korea: Notice of Final Results of
Antidumping Duty Changed Circumstances Review,
83 FR 45094 (September 5, 2018), and
accompanying Issues and Decision Memorandum at
5–6.
22 See the Order, 66 FR 11257.
23 Id.
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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 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Goldenpalm Manufacturers PVT
Ltd. (Goldenpalm), a producer/exporter
of lined paper products (lined paper)
from India, received countervailable
subsidies during the period of review
(POR) January 1, 2016, through
December 31, 2016. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable October 10, 2018.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–1009.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 28, 2006, Commerce
issued the countervailing duty (CVD)
order on lined paper from India.1
Goldenpalm requested that Commerce
conduct an administrative review of the
Lined Paper Order with respect to the
company, and on November 13, 2017,
Commerce published in the Federal
Register a notice of initiation of an
administrative review of the CVD order
for Goldenpalm for the POR.2 On
January 23, 2018, Commerce exercised
its discretion to toll all deadlines
affected by the closure of the Federal
Government from January 20 through
22, 2018.3 On May 31, 2018, Commerce
extended the time period for issuing
these preliminary results by 120 days,
until October 3,2018, in accordance
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) (Lined Paper Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
52268 (November 13, 2017) (Initiation Notice).
3 See memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by three days.
E:\FR\FM\10OCN1.SGM
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
with section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act).4
Scope of the Order
The product covered by the Lined
Paper Order is certain lined paper
products from India. For a full
description of the scope of this order,
see the Preliminary Decision
Memorandum.5
Methodology
Commerce is conducting this CVD
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 determine that there
is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.6 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Preliminary Decision Memorandum.
A list of topics included in the
Preliminary Decision Memorandum is
included as an Appendix to 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 (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the net
countervailable subsidy rate to be:
Manufacturer/exporter
Goldenpalm Manufacturers PVT Ltd.
Net subsidy rate
188.70 percent
ad valorem
amozie on DSK3GDR082PROD with NOTICES1
4 See
Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated May 31, 2018.
5 See ‘‘Decision Memorandum for Preliminary
Results of 2016 Countervailing Duty Administrative
Review: Certain Lined Paper Products from India,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
6 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.
VerDate Sep<11>2014
21:20 Oct 09, 2018
Jkt 247001
Public Comment
Interested parties may submit case
briefs within 30 days of publication of
this notice.7 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.8 Parties
who submit case or rebuttal briefs 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.9
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system.10
Hearing requests should contain: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) 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, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and location to be determined.11 Parties
should confirm by telephone the date,
time, and location of the hearing. Issues
addressed at the hearing will be limited
to those raised in the briefs.12 All briefs
and hearing requests must be filed
electronically and received successfully
in their entirety through ACCESS by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended,
pursuant to section 751(a)(3)(A) of the
Act, we intend 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 issuance of these
preliminary results.
Assessment Rates and Cash Deposit
Requirement
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned the subsidy rate in the amount
shown above for the producer/exporter
shown above. Upon issuance of the final
results, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, CVDs on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of review.
7 See
19 CFR 351.309(c)(l)(ii).
19 CFR 351.309(c)(l)(ii) and 351.309(d).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.310(c).
11 Id.
12 See 19 CFR 351.310(c).
8 See
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50897
Pursuant to section 751(a)(2)(C) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated CVDs, in the amount shown
above for the company shown above, on
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. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most-recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
These preliminary results 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: October 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and
Application of Adverse Inferences
V. Discussion and Analysis of Programs
VI. Recommendation
[FR Doc. 2018–21984 Filed 10–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number: 180904815–8815–01]
Request for Information Regarding
Measurement Science Needs for Water
Use Efficiency and Water Quality in
Premise Plumbing Systems
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Request for Information (RFI).
AGENCY:
Premise plumbing systems are
key to the built environment, given that
our ability to live and thrive in
buildings is highly dependent on
efficient and sustainable access to
potable water. The design of premise
plumbing systems in the U.S. is based
in part on decades-old data embodied in
building codes, much of which was
developed at the National Institute of
Standards and Technology (NIST).
SUMMARY:
E:\FR\FM\10OCN1.SGM
10OCN1
]]>Agencies
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50896-50897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21984]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-844]
Certain Lined Paper Products From India: Preliminary Results of
Countervailing Duty Administrative Review; Calendar Year 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Goldenpalm Manufacturers PVT Ltd. (Goldenpalm), a producer/
exporter of lined paper products (lined paper) from India, received
countervailable subsidies during the period of review (POR) January 1,
2016, through December 31, 2016. We invite interested parties to
comment on these preliminary results.
DATES: Applicable October 10, 2018.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce issued the countervailing duty
(CVD) order on lined paper from India.\1\ Goldenpalm requested that
Commerce conduct an administrative review of the Lined Paper Order with
respect to the company, and on November 13, 2017, Commerce published in
the Federal Register a notice of initiation of an administrative review
of the CVD order for Goldenpalm for the POR.\2\ On January 23, 2018,
Commerce exercised its discretion to toll all deadlines affected by the
closure of the Federal Government from January 20 through 22, 2018.\3\
On May 31, 2018, Commerce extended the time period for issuing these
preliminary results by 120 days, until October 3,2018, in accordance
[[Page 50897]]
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act).\4\
---------------------------------------------------------------------------
\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)
(Lined Paper Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 52268 (November 13, 2017) (Initiation
Notice).
\3\ See memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by three days.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated May
31, 2018.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Lined Paper Order is certain lined paper
products from India. For a full description of the scope of this order,
see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See ``Decision Memorandum for Preliminary Results of 2016
Countervailing Duty Administrative Review: Certain Lined Paper
Products from India,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this CVD 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 determine that there
is a subsidy, i.e., a financial contribution by an ``authority'' that
confers a benefit to the recipient, and that the subsidy is
specific.\6\ For a full description of the methodology underlying our
preliminary conclusions, including our reliance, in part, on adverse
facts available pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included as an Appendix to this
notice.
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
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 https://access.trade.gov, and
to all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rate to be:
------------------------------------------------------------------------
Manufacturer/exporter Net subsidy rate
------------------------------------------------------------------------
Goldenpalm Manufacturers PVT Ltd.......... 188.70 percent ad valorem
------------------------------------------------------------------------
Public Comment
Interested parties may submit case briefs within 30 days of
publication of this notice.\7\ 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.\8\ Parties who submit case or
rebuttal briefs 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.\9\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c)(l)(ii).
\8\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system.\10\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) 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, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and location to be determined.\11\ Parties should confirm by telephone
the date, time, and location of the hearing. Issues addressed at the
hearing will be limited to those raised in the briefs.\12\ All briefs
and hearing requests must be filed electronically and received
successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time
on the due date.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
\11\ Id.
\12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended, pursuant to section 751(a)(3)(A)
of the Act, we intend 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 issuance of these
preliminary results.
Assessment Rates and Cash Deposit Requirement
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned the subsidy rate in the amount shown above for the producer/
exporter shown above. Upon issuance of the final results, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, CVDs on all appropriate entries covered by this review. We
intend to issue instructions to CBP 15 days after publication of the
final results of review.
Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends
to instruct CBP to collect cash deposits of estimated CVDs, in the
amount shown above for the company shown above, on 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. For
all non-reviewed firms, we will instruct CBP to continue to collect
cash deposits at the most-recent company-specific or all-others rate
applicable to the company, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
These preliminary results 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: October 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Discussion and Analysis of Programs
VI. Recommendation
[FR Doc. 2018-21984 Filed 10-9-18; 8:45 am]
BILLING CODE 3510-DS-P
