Certain Lined Paper Products From India: Final Results of Countervailing Duty Administrative Review; 2016, 23765-23766 [2019-10802]
Download as PDF
<![CDATA[
23765
Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Notices
Weighted-average
dumping margin
(percent)
Exporter
khammond on DSKBBV9HB2PROD with NOTICES
Jiangsu Fengtai Single Entity ......................................................................................................................................................
Jiangsu Huachang Tools Manufacturing Co., Ltd .......................................................................................................................
Jiangsu Inter-China Group Corporation 13 ...................................................................................................................................
Jiangsu Youhe Tool Manufacturer Co., Ltd ................................................................................................................................
Orient Gain International Limited .................................................................................................................................................
Pantos Logistics (HK) Company Limited .....................................................................................................................................
Qingyuan Shangtai Diamond Tools Co., Ltd ...............................................................................................................................
Quanzhou Zhongzhi Diamond Tool Co., Ltd ...............................................................................................................................
Rizhao Hein Saw Co., Ltd ...........................................................................................................................................................
Saint-Gobain Abrasives (Shanghai) Co., Ltd ..............................................................................................................................
Shanghai Jingquan Industrial Trade Co., Ltd ..............................................................................................................................
Wuhan Wanbang Laser Diamond Tools Co14 ............................................................................................................................
Xiamen ZL Diamond Technology Co., Ltd ..................................................................................................................................
Zhejiang Wanli Tools Group Co., Ltd ..........................................................................................................................................
In the event the CIT’s ruling is not
appealed or, if appealed, upheld by a
final and conclusive court decision,
Commerce will instruct the U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on
unliquidated entries of subject
merchandise based on the revised rates
Commerce determined and listed above
and, for Weihai, at the rate equal to the
cash deposit of the estimated
antidumping duty required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(2).
update their cash deposit rates as a
result of these amended final results.
Cash Deposit Requirements
As the cash deposit rate for Jiangsu
Huachang Tools Manufacturing Co.,
Ltd., has not been subject to subsequent
administrative reviews, Commerce will
issue revised cash deposit instructions
to CBP adjusting the rate from 29.76
percent to 39.66 percent, effective May
17, 2019. For all other respondents
listed above, because the cash deposit
rates have been updated in subsequent
administrative reviews,15 we will not
DEPARTMENT OF COMMERCE
13 See Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review; 2013–2014, 80 FR 75854, 75855, n.15
(December 4, 2015), for the name variation of this
company.
14 Commerce determined that Wuhan Wanbang
Laser Diamond Tools Co., Ltd., is the successor-ininterest to Wuhan Wanbang Laser Diamond Tools
Co. See Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Final Results
of Antidumping Duty Changed Circumstances
Review, 81 FR 20618 (April 8, 2016).
15 See Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2015–
2016, 83 FR 17527, 17528 (April 20, 2018), for
Bosun Tools Co., Ltd., Danyang NYCL Tools
Manufacturing Co., Ltd., and Wuhan Wanbang
Laser Diamond Tools Co., and Diamond Sawblades
and Parts Thereof from the People’s Republic of
China: Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 39673,
39674, n.10 (August 10, 2018), unchanged in
Diamond Sawblades and Parts Thereof from the
People’s Republic of China: Final Results of
VerDate Sep<11>2014
16:40 May 22, 2019
Jkt 247001
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: May 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–10803 Filed 5–22–19; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[C–533–844]
Certain Lined Paper Products From
India: Final Results of Countervailing
Duty Administrative Review; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to Goldenpalm Manufacturers
Pvt. Limited (Goldenpalm), a producer/
exporter of certain lined paper products
(lined paper) from India for the period
of review January 1, 2016, through
December 31, 2016.
DATES: Applicable May 23, 2019.
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.
AGENCY:
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 64331 (December 14, 2018), for all
other respondents listed above for which the cash
deposit rates will not be updated as a result of these
amended final results.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
56.67
39.66
39.66
39.66
39.66
39.66
39.66
39.66
39.66
39.66
39.66
39.66
39.66
39.66
Background
Commerce published the Preliminary
Results of this administrative review on
October 10, 2018.1 Commerce exercised
its discretion to toll all deadlines
affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.2 On
March 5, 2019, we postponed the final
results of review by 57 days, until May
15, 2019.3 Based on an analysis of the
comments received, Commerce has
made certain changes to the subsidy rate
listed in the Preliminary Results. The
final subsidy rate is listed in the ‘‘Final
Results of Administrative Review’’
section below.
Scope of the Order
The products covered by the order are
certain lined paper products from India.
For a full description of the scope, see
the Issues and Decision Memorandum.4
Analysis of Comments Received
The issues raised by the Government
of India, Goldenpalm, and the
1 See Certain Lined Paper Products from India:
Preliminary Results of Countervailing Duty
Administrative Review; Calendar Year 2016, 83 FR
50896 (October 10, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
2 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ ’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Review,’’
dated March 5, 2019.
4 See Memorandum, ‘‘Decision Memorandum for
the Final Results of Administrative Review; 2016:
Certain Lined Paper Products from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
E:\FR\FM\23MYN1.SGM
23MYN1
23766
Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Notices
petitioner 5 in their case and rebuttal
briefs are addressed in the Issues and
Decision Memorandum. The issues are
identified in the Appendix to this
notice. The Issues and 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 in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://trade.gov/enforcement/frn/.
The signed Issues and Decision
Memorandum and electronic version of
the Issues and Decision Memorandum
are identical in content.
Changes Since the Preliminary Results
Based on comments received from
interested parties, we have continued to
apply adverse facts available (AFA)
pursuant to sections 776(a) and (b) of
the Tariff Act of 1930, as amended (the
Act) to Goldenpalm, and to the GOI in
various respects, but we have revised
the AFA program rate assigned to
Goldenpalm under the Government of
Tamil Nadu’s Capital Subsidies and
Electricity Tax Exemption program. For
a discussion of this and other issues, see
the Issues and Decision Memorandum.
khammond on DSKBBV9HB2PROD with NOTICES
Methodology
We conducted this review in
accordance with section 751(a)(1)(A) of
the Act. For each of the subsidy
programs found countervailable, we
find that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific.6 For a full description of the
methodology underlying our
conclusions, including any
determination that relied upon the use
of AFA pursuant to sections 776(a) and
(b) of the Act, see the Issues and
Decision Memorandum.
Final Results of Administrative Review
In accordance with section 777A(e) of
the Act and 19 CFR 351.221(b)(5), we
find that the following net
countervailable subsidy rate exists for
the mandatory respondent, Goldenpalm,
for the period January 1, 2016, through
December 31, 2016:
5 The petitioner is the American Association of
School Paper Suppliers.
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
16:40 May 22, 2019
Jkt 247001
Manufacturer/exporter
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
These final results are issued and
197.33
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Subsidy rate
(percent ad
valorem)
Goldenpalm Manufacturers
Pvt. Limited .......................
Assessment and Cash Deposit
Requirements
In accordance with 19 CFR
351.212(b)(2), we intend to issue
appropriate assessment instructions to
Customs and Border Protection (CBP) 15
days after publication of the final results
of this review. We will instruct CBP to
liquidate shipments of subject
merchandise produced and/or exported
by the company listed above, entered or
withdrawn from warehouse, for
consumption from January 1, 2016,
through December 31, 2016, at the ad
valorem rate listed above.
Cash Deposit Requirements
We intend also to instruct CBP to
collect cash deposits of estimated
countervailing duties, in the amounts
shown above for Goldenpalm, 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.7 Accordingly, the cash
deposit requirements that will be
applied to companies covered by this
order, but not examined in this
administrative review, are those
established in the most recently
completed segment of the proceeding
for each company. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibilities concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
7 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,
56953 (September 28, 2006).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Dated: May 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
APPENDIX
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and
Application of Adverse Inferences
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether the Application of
Adverse Facts Available (AFA) With
Regard to Goldenpalm Was Warranted
Comment 2: Whether Commerce Upheld
its Legal Obligations in Applying AFA
With Regard to the Government of India
(GOI)
Comment 3: Whether Commerce’s
Countervailable Determination
Regarding the Duty Drawback Program
(DDP) and Advance License Program
(ALP) Properly Accounted for
Information Submitted by the GOI
Comment 4: Whether Commerce’s
Countervailable Subsidy Determination
Regarding the Export Promotion Capital
Goods Scheme (EPCGS) Properly
Accounted for Information Submitted by
the GOI
Comment 5: Whether the Programs
Operated by the State Government of
Maharashtra (SGOM) and State
Government of Tamil Nadu (SGOTN) are
Specific
Comment 6: Whether it Was Lawful for
Commerce to Examine Newly Alleged
Subsidy Programs
Comment 7: Whether Commerce’s Total
AFA Rate for Goldenpalm is Incorrect
Comment 8: Whether the Calculated
Subsidy Rates Commerce Utilized as the
Basis of the AFA Rates Applied to
Goldenpalm Were Appropriate
Comment 9: Whether Commerce Should
Calculate an Additional AFA Rate for
Subsidies Purportedly Discovered
During the Course of the Review
Comment 10: Attribution of Benefits
Goldenpalm Received Under the EPCGS
in the Event Commerce Determines Not
to Apply Total AFA to Goldenpalm in
the Final Results
Comment 11: Whether Commerce Should
Adjust the Assessment Rates Applied to
the Importers of Record
Comment 12: Whether Commerce Should
Issue the Final Results on an Expedited
Basis
VII. Recommendation
[FR Doc. 2019–10802 Filed 5–22–19; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\23MYN1.SGM
23MYN1
]]>Agencies
[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Notices]
[Pages 23765-23766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10802]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-844]
Certain Lined Paper Products From India: Final Results of
Countervailing Duty Administrative Review; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to Goldenpalm
Manufacturers Pvt. Limited (Goldenpalm), a producer/exporter of certain
lined paper products (lined paper) from India for the period of review
January 1, 2016, through December 31, 2016.
DATES: Applicable May 23, 2019.
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.
Background
Commerce published the Preliminary Results of this administrative
review on October 10, 2018.\1\ Commerce exercised its discretion to
toll all deadlines affected by the partial federal government closure
from December 22, 2018, through the resumption of operations on January
29, 2019.\2\ On March 5, 2019, we postponed the final results of review
by 57 days, until May 15, 2019.\3\ Based on an analysis of the comments
received, Commerce has made certain changes to the subsidy rate listed
in the Preliminary Results. The final subsidy rate is listed in the
``Final Results of Administrative Review'' section below.
---------------------------------------------------------------------------
\1\ See Certain Lined Paper Products from India: Preliminary
Results of Countervailing Duty Administrative Review; Calendar Year
2016, 83 FR 50896 (October 10, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' '
dated January 28, 2019. All deadlines in this segment of the
proceeding have been extended by 40 days.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Review,'' dated March 5, 2019.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain lined paper products
from India. For a full description of the scope, see the Issues and
Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of Administrative Review; 2016: Certain Lined Paper Products from
India,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
The issues raised by the Government of India, Goldenpalm, and the
[[Page 23766]]
petitioner \5\ in their case and rebuttal briefs are addressed in the
Issues and Decision Memorandum. The issues are identified in the
Appendix to this notice. The Issues and 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 in the Central Records Unit, room B8024 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly at
https://trade.gov/enforcement/frn/. The signed Issues and Decision
Memorandum and electronic version of the Issues and Decision Memorandum
are identical in content.
---------------------------------------------------------------------------
\5\ The petitioner is the American Association of School Paper
Suppliers.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on comments received from interested parties, we have
continued to apply adverse facts available (AFA) pursuant to sections
776(a) and (b) of the Tariff Act of 1930, as amended (the Act) to
Goldenpalm, and to the GOI in various respects, but we have revised the
AFA program rate assigned to Goldenpalm under the Government of Tamil
Nadu's Capital Subsidies and Electricity Tax Exemption program. For a
discussion of this and other issues, see the Issues and Decision
Memorandum.
Methodology
We conducted this review in accordance with section 751(a)(1)(A) of
the Act. For each of the subsidy programs found countervailable, we
find that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\6\ For a full description of the methodology
underlying our conclusions, including any determination that relied
upon the use of AFA pursuant to sections 776(a) and (b) of the Act, see
the Issues and 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.
---------------------------------------------------------------------------
Final Results of Administrative Review
In accordance with section 777A(e) of the Act and 19 CFR
351.221(b)(5), we find that the following net countervailable subsidy
rate exists for the mandatory respondent, Goldenpalm, for the period
January 1, 2016, through December 31, 2016:
------------------------------------------------------------------------
Subsidy rate
Manufacturer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Goldenpalm Manufacturers Pvt. Limited................... 197.33
------------------------------------------------------------------------
Assessment and Cash Deposit Requirements
In accordance with 19 CFR 351.212(b)(2), we intend to issue
appropriate assessment instructions to Customs and Border Protection
(CBP) 15 days after publication of the final results of this review. We
will instruct CBP to liquidate shipments of subject merchandise
produced and/or exported by the company listed above, entered or
withdrawn from warehouse, for consumption from January 1, 2016, through
December 31, 2016, at the ad valorem rate listed above.
Cash Deposit Requirements
We intend also to instruct CBP to collect cash deposits of
estimated countervailing duties, in the amounts shown above for
Goldenpalm, 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.\7\ Accordingly, the cash deposit requirements that will be
applied to companies covered by this order, but not examined in this
administrative review, are those established in the most recently
completed segment of the proceeding for each company. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\7\ 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, 56953 (September 28,
2006).
---------------------------------------------------------------------------
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibilities
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation which is subject to sanction.
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
APPENDIX
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Analysis of Programs
VI. Analysis of Comments
Comment 1: Whether the Application of Adverse Facts Available
(AFA) With Regard to Goldenpalm Was Warranted
Comment 2: Whether Commerce Upheld its Legal Obligations in
Applying AFA With Regard to the Government of India (GOI)
Comment 3: Whether Commerce's Countervailable Determination
Regarding the Duty Drawback Program (DDP) and Advance License
Program (ALP) Properly Accounted for Information Submitted by the
GOI
Comment 4: Whether Commerce's Countervailable Subsidy
Determination Regarding the Export Promotion Capital Goods Scheme
(EPCGS) Properly Accounted for Information Submitted by the GOI
Comment 5: Whether the Programs Operated by the State Government
of Maharashtra (SGOM) and State Government of Tamil Nadu (SGOTN) are
Specific
Comment 6: Whether it Was Lawful for Commerce to Examine Newly
Alleged Subsidy Programs
Comment 7: Whether Commerce's Total AFA Rate for Goldenpalm is
Incorrect
Comment 8: Whether the Calculated Subsidy Rates Commerce
Utilized as the Basis of the AFA Rates Applied to Goldenpalm Were
Appropriate
Comment 9: Whether Commerce Should Calculate an Additional AFA
Rate for Subsidies Purportedly Discovered During the Course of the
Review
Comment 10: Attribution of Benefits Goldenpalm Received Under
the EPCGS in the Event Commerce Determines Not to Apply Total AFA to
Goldenpalm in the Final Results
Comment 11: Whether Commerce Should Adjust the Assessment Rates
Applied to the Importers of Record
Comment 12: Whether Commerce Should Issue the Final Results on
an Expedited Basis
VII. Recommendation
[FR Doc. 2019-10802 Filed 5-22-19; 8:45 am]
BILLING CODE 3510-DS-P
