Certain Lined Paper Products From India: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2017-2018, 61887-61889 [2019-24733]
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Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
Dated: November 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
with decorative features that may in spots
exceed 3.2 cm in thickness and includes
ceramic tile ‘‘slabs’’ or ‘‘panels’’ (tiles that are
larger than 1 meter2 (11 ft.2)).
Subject merchandise includes ceramic tile
that undergoes minor processing in a third
country prior to importation into the United
States. Similarly, subject merchandise
includes ceramic tile produced that
undergoes minor processing after importation
into the United States. Such minor
processing includes, but is not limited to, one
or more of the following: Beveling, cutting,
trimming, staining, painting, polishing,
finishing, additional firing, or any other
processing that would otherwise not remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the in-scope product.
Subject merchandise is currently classified
in the Harmonized Tariff Schedule of the
United States (HTSUS) under the following
subheadings of heading 6907: 6907.21.1005,
6907.21.1011, 6907.21.1051, 6907.21.2000,
6907.21.3000, 6907.21.4000, 6907.21.9011,
6907.21.9051, 6907.22.1005, 6907.22.1011,
6907.22.1051, 6907.22.2000, 6907.22.3000,
6907.22.4000, 6907.22.9011, 6907.22.9051,
6907.23.1005, 6907.23.1011, 6907.23.1051,
6907.23.2000, 6907.23.3000, 6907.23.4000,
6907.23.9011, 6907.23.9051, 6907.30.1005,
6907.30.1011, 6907.30.1051, 6907.30.2000,
6907.30.3000, 6907.30.4000, 6907.30.9011,
6907.30.9051, 6907.40.1005, 6907.40.1011,
6907.40.1051, 6907.40.2000, 6907.40.3000,
6907.40.4000, 6907.40.9011, and
6907.40.9051. Subject merchandise may also
enter under subheadings of headings 6914
and 6905: 6914.10.8000, 6914.90.8000,
6905.10.0000, and 6905.90.0050. The HTSUS
subheadings are provided for convenience
and customs purposes only. The written
description of the scope of this investigation
is dispositive.
Appendix I
Appendix II
Scope of the Investigation
The merchandise covered by this
investigation is ceramic flooring tile, wall
tile, paving tile, hearth tile, porcelain tile,
mosaic tile, flags, finishing tile, and the like
(hereinafter ceramic tile). Ceramic tiles are
articles containing a mixture of minerals
including clay (generally hydrous silicates of
alumina or magnesium) that are fired so the
raw materials are fused to produce a finished
good that is less than 3.2 cm in actual
thickness. All ceramic tile is subject to the
scope regardless of end use, surface area, and
weight, regardless of whether the tile is
glazed or unglazed, regardless of the water
absorption coefficient by weight, regardless
of the extent of vitrification, and regardless
of whether or not the tile is on a backing.
Subject merchandise includes ceramic tile
List of Topics Discussed in the Preliminary
Decision Memorandum
In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii),
because (1) the preliminary
determination is affirmative; (2) the
requesting exporters account for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce’s final
determination will be issued no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether these imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Petitioner’s Letter, ‘‘Antidumping Duty
Investigation of Ceramic Tile from the People’s
Republic of China: Petitioner’s Request for
Postponement of Final Determination and
Extension of Provisional Measures Period,’’ dated
October 30, 2019.
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17:47 Nov 13, 2019
Jkt 250001
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Product Characteristics
VII. Respondent Selection
VIII. Postponement of Final Determination
and Extension of Provisional Measures
IX. Preliminary Negative Determination of
Critical Circumstances
X. Collapsing and Affiliation
XI. Discussion of the Methodology
XII. Adjustment Under Section 777(A)(f) of
the Act
XIII. Adjustment to Cash Deposit Rate for
Export Subsidies
XIV. Recommendation
[FR Doc. 2019–24734 Filed 11–13–19; 8:45 am]
BILLING CODE 3510–DS–P
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61887
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–843]
Certain Lined Paper Products From
India: Preliminary Results of
Antidumping Duty Administrative
Review, Preliminary Determination of
No Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on certain lined
paper products from India, covering the
period September 1, 2017 through
August 31, 2018. We preliminarily find
that Navneet Education Ltd. (Navneet)
made sales of subject merchandise at
less than normal value during the
period of review (POR) and that SAB
International (SAB) did not. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable November 14, 2019.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinson or Samuel Brummitt,
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) 482–3797 or
(202) 482–7851, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 28, 2006, Commerce
published the CLPP from India AD
Order in the Federal Register.1 On
November 15, 2018, pursuant to section
751(a)(1) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated
an administrative review of the
antidumping duty order on certain lined
paper products from India.2 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 28, 2019.3 On
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 from India AD Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411 (November 15, 2018) (Initiation Notice).
3 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Continued
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Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
June 19, 2019, we extended the deadline
for the preliminary results to November
8, 2019.4
Commerce initiated this
administrative review covering the
following thirteen companies: Cellpage
Ventures Private Limited (Cellpage),
Goldenpalm Manufacturers PVT
Limited (Goldenpalm), Kokuyo Riddhi
Paper Products Private Limited
(Kokuyo), Lodha Offset Limited (Lodha),
Lotus Global Private Limited (Lotus
Global), Magic International Pvt. Ltd.
(Magic), Marisa International (Marisa),
Navneet, Pioneer Stationery Private
Limited (Pioneer), PP Bafna Ventures
Private Limited (PP Bafna),5 SAB, SGM
Paper Products, and Super Impex.6 This
review covers two mandatory
respondents, Navneet and SAB. The
other eleven companies were not
selected for individual examination and
remain subject to this administrative
review.
Scope of the Order
khammond on DSKJM1Z7X2PROD with NOTICES
The merchandise covered by the CLPP
from India AD 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.
A full description of the scope of the
CLPP from India AD Order is contained
in the Preliminary Decision
Memorandum.7
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. If
the new deadline falls on a non-business day, in
accordance with Commerce’s practice, the deadline
will become the next business day.
4 See Memorandum, ‘‘Certain Lined Paper
Products from India: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018,’’ dated June 19,
2019.
5 The name of PP Bafna was inadvertently
misspelled in the initiation notice.
6 Initiation Notice, 83 FR at 57412.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Certain Lined Paper
Products from India; 2017–2018,’’ dated
concurrently and hereby adopted by this notice
(Preliminary Decision Memorandum).
VerDate Sep<11>2014
17:47 Nov 13, 2019
Jkt 250001
Preliminary Determination of No
Shipments
On November 22 and December 6,
2018, in their respective responses to
Commerce’s quantity and value
questionnaire, Lodha and Pioneer
reported that they had no exports or
sales of subject merchandise into the
United States during the POR. On
December 10, 2018, Marisa submitted a
certification of no shipments. To
confirm Lodha’s, Marisa’s, and Pioneer’s
no-shipment claims, Commerce issued a
no-shipment inquiry to U.S. Customs
and Border Protection (CBP) requesting
that it review Lodha’s, Marisa’s, and
Pioneer’s no-shipment claims. CBP
reported that it had no information to
contradict these claims of no shipments
during the POR.
Given that Lodha, Marisa, and Pioneer
reported that they made no shipments of
subject merchandise to the United
States during the POR, and there is no
information calling their claims into
question, we preliminarily determine
that Lodha, Pioneer, and Marisa did not
have any reviewable transactions during
the POR. Consistent with Commerce’s
practice, we will not rescind the review
with respect to Lodha, Marisa, and
Pioneer but, rather, will complete the
review and issue instructions to CBP
based on the final results.8
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Act. Export price is calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
preliminary results, 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 https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B–8094 of the main
Commerce building. In addition, a
complete version of the Preliminary
8 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51307 (August 28, 2014).
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Frm 00021
Fmt 4703
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Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Rate for Non-Selected Respondents
For the rate for non-selected
respondents in an administrative
review, generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted-average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ In this
segment of the proceeding, we
calculated a margin for Navneet that
was not zero, de minimis, or based on
facts available. Accordingly, we have
preliminarily applied the margin
calculated for Navneet to the nonindividually examined respondents.
Preliminary Results of the Review
We preliminarily determine that, for
the period September 1, 2017 through
August 31, 2018, the following
weighted-average dumping margins
exist:
Producer/exporter
Cellpage Ventures Private Limited ..........................................
Goldenpalm Manufacturers PVT
Limited .....................................
Kokuyo Riddhi Paper Products
Pvt. Ltd ....................................
Lotus Global Private Limited ......
Magic International Pvt. Ltd ........
Navneet Education Ltd ...............
PP Bafna Ventures Private Limited ..........................................
SAB International ........................
SGM Paper Products .................
Super Impex ...............................
Weightedaverage
dumping
margin
(percent)
2.30
2.30
2.30
2.30
2.30
2.30
2.30
0.00
2.30
2.30
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. If the weighted-average
dumping margin for Navneet or SAB is
not zero or de minimis (i.e., less than 0.5
E:\FR\FM\14NON1.SGM
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Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
percent), we will calculate importerspecific ad valorem antidumping duty
assessment rates based on the ratio of
the total amount of dumping calculated
for each importer’s examined sales to
the total entered value of those same
sales in accordance with 19 CFR
351.212(b)(1).9 If the weighted-average
dumping margin for the respondents
listed above is zero or de minimis in the
final results, or an importer-specific
assessment rate is zero or de minimis in
the final results, we will instruct CBP
not to assess antidumping duties on any
of their entries in accordance with the
Final Modification for Reviews.10
In accordance with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Navneet or SAB for which
it did not know that its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
of 3.91 percent, as established in the
less-than-fair-value investigation, if
there is no rate for the intermediate
company(ies) involved in the
transaction.11 For a full discussion of
this matter, see Assessment Policy
Notice.12
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
khammond on DSKJM1Z7X2PROD with NOTICES
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 respondents
noted above will be the rates established
in the final results of this administrative
review; (2) for merchandise exported by
producers 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
9 In these preliminary results, Commerce 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). (Final Modification for
Reviews).
10 Id., 77 FR at 8102.
11 See CLPP from India AD Order, 71 FR at 56952.
12 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
VerDate Sep<11>2014
17:47 Nov 13, 2019
Jkt 250001
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, then the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 3.91
percent, the all-others rate established
in the investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties to the
proceeding any calculations performed
in connection with these preliminary
results of review within five days after
the date of publication of this notice.13
Interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice in the Federal
Register.14 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than five days after the
date for filing case briefs.15 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.16 All briefs must be
filed electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
the established deadline.
Interested parties who wish to request
a hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, within 30 days after the
date of publication of this notice.17
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
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and date to be determined.18 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
We intend to issue the final results of
this administrative review, including
13 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
15 See 19 CFR 351.309(d)(1).
16 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
17 See 19 CFR 351.310(c).
18 See 19 CFR 351.310(d).
14 See
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61889
the results of our analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
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 duties 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 Commerce’s presumption
that reimbursement of antidumping
duties occurred and increase the
subsequent assessment of the
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, and 19
CFR 351.213(h)(1).
Dated: November 7, 2019.
Jeffrey I. Kessler,
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. Preliminary Determination of No
Shipments
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019–24733 Filed 11–13–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–849]
Emulsion Styrene-Butadiene Rubber
From Brazil: Preliminary Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain emulsion styrene-butadiene
rubber (ESB rubber) from Brazil is being,
or is likely to be, sold in the United
States at less than fair value. Interested
AGENCY:
E:\FR\FM\14NON1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61887-61889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24733]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Preliminary Results of
Antidumping Duty Administrative Review, Preliminary Determination of No
Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on certain lined
paper products from India, covering the period September 1, 2017
through August 31, 2018. We preliminarily find that Navneet Education
Ltd. (Navneet) made sales of subject merchandise at less than normal
value during the period of review (POR) and that SAB International
(SAB) did not. We invite interested parties to comment on these
preliminary results.
DATES: Applicable November 14, 2019.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Samuel Brummitt, 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) 482-3797 or (202)
482-7851, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published the CLPP from India AD
Order in the Federal Register.\1\ On November 15, 2018, pursuant to
section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
Commerce initiated an administrative review of the antidumping duty
order on certain lined paper products from India.\2\ 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 28, 2019.\3\ On
[[Page 61888]]
June 19, 2019, we extended the deadline for the preliminary results to
November 8, 2019.\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)
(CLPP from India AD Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018) (Initiation
Notice).
\3\ 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. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline
will become the next business day.
\4\ See Memorandum, ``Certain Lined Paper Products from India:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated June 19, 2019.
---------------------------------------------------------------------------
Commerce initiated this administrative review covering the
following thirteen companies: Cellpage Ventures Private Limited
(Cellpage), Goldenpalm Manufacturers PVT Limited (Goldenpalm), Kokuyo
Riddhi Paper Products Private Limited (Kokuyo), Lodha Offset Limited
(Lodha), Lotus Global Private Limited (Lotus Global), Magic
International Pvt. Ltd. (Magic), Marisa International (Marisa),
Navneet, Pioneer Stationery Private Limited (Pioneer), PP Bafna
Ventures Private Limited (PP Bafna),\5\ SAB, SGM Paper Products, and
Super Impex.\6\ This review covers two mandatory respondents, Navneet
and SAB. The other eleven companies were not selected for individual
examination and remain subject to this administrative review.
---------------------------------------------------------------------------
\5\ The name of PP Bafna was inadvertently misspelled in the
initiation notice.
\6\ Initiation Notice, 83 FR at 57412.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the CLPP from India AD 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. A full description of the scope of the CLPP from
India AD Order is contained in the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Lined
Paper Products from India; 2017-2018,'' dated concurrently and
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
On November 22 and December 6, 2018, in their respective responses
to Commerce's quantity and value questionnaire, Lodha and Pioneer
reported that they had no exports or sales of subject merchandise into
the United States during the POR. On December 10, 2018, Marisa
submitted a certification of no shipments. To confirm Lodha's,
Marisa's, and Pioneer's no-shipment claims, Commerce issued a no-
shipment inquiry to U.S. Customs and Border Protection (CBP) requesting
that it review Lodha's, Marisa's, and Pioneer's no-shipment claims. CBP
reported that it had no information to contradict these claims of no
shipments during the POR.
Given that Lodha, Marisa, and Pioneer reported that they made no
shipments of subject merchandise to the United States during the POR,
and there is no information calling their claims into question, we
preliminarily determine that Lodha, Pioneer, and Marisa did not have
any reviewable transactions during the POR. Consistent with Commerce's
practice, we will not rescind the review with respect to Lodha, Marisa,
and Pioneer but, rather, will complete the review and issue
instructions to CBP based on the final results.\8\
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\8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Export price is calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our preliminary results, 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 https://access.trade.gov and is available to all parties in the Central Records
Unit, Room B-8094 of the main Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
Appendix to this notice.
Rate for Non-Selected Respondents
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted-
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' In this segment of the proceeding,
we calculated a margin for Navneet that was not zero, de minimis, or
based on facts available. Accordingly, we have preliminarily applied
the margin calculated for Navneet to the non-individually examined
respondents.
Preliminary Results of the Review
We preliminarily determine that, for the period September 1, 2017
through August 31, 2018, the following weighted-average dumping margins
exist:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Cellpage Ventures Private Limited........................... 2.30
Goldenpalm Manufacturers PVT Limited........................ 2.30
Kokuyo Riddhi Paper Products Pvt. Ltd....................... 2.30
Lotus Global Private Limited................................ 2.30
Magic International Pvt. Ltd................................ 2.30
Navneet Education Ltd....................................... 2.30
PP Bafna Ventures Private Limited........................... 2.30
SAB International........................................... 0.00
SGM Paper Products.......................................... 2.30
Super Impex................................................. 2.30
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. If the weighted-average dumping margin for Navneet or
SAB is not zero or de minimis (i.e., less than 0.5
[[Page 61889]]
percent), we will calculate importer-specific ad valorem antidumping
duty assessment rates based on the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those same sales in accordance with 19 CFR 351.212(b)(1).\9\
If the weighted-average dumping margin for the respondents listed above
is zero or de minimis in the final results, or an importer-specific
assessment rate is zero or de minimis in the final results, we will
instruct CBP not to assess antidumping duties on any of their entries
in accordance with the Final Modification for Reviews.\10\
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\9\ In these preliminary results, Commerce 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). (Final Modification
for Reviews).
\10\ Id., 77 FR at 8102.
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In accordance with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Navneet or SAB for which
it did not know that its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate of 3.91 percent, as established in the less-than-fair-
value investigation, if there is no rate for the intermediate
company(ies) involved in the transaction.\11\ For a full discussion of
this matter, see Assessment Policy Notice.\12\
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\11\ See CLPP from India AD Order, 71 FR at 56952.
\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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We intend to issue liquidation 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 respondents
noted above will be the rates established in the final results of this
administrative review; (2) for merchandise exported by producers 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; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation, but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
producer of the subject merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 3.91 percent, the
all-others rate established in the investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure and Public Comment
We will disclose to parties to the proceeding any calculations
performed in connection with these preliminary results of review within
five days after the date of publication of this notice.\13\ Interested
parties may submit case briefs not later than 30 days after the date of
publication of this notice in the Federal Register.\14\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than five days after the date for filing case briefs.\15\ 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.\16\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety by the established deadline.
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ See 19 CFR 351.309(d)(1).
\16\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Interested parties who wish to request a hearing, limited to issues
raised in the case and rebuttal briefs, must submit a written request
to the Assistant Secretary for Enforcement and Compliance, within 30
days after the date of publication of this notice.\17\ 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 those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined.\18\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
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We intend to issue the final results of this administrative review,
including the results of our analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
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 duties 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
Commerce's presumption that reimbursement of antidumping duties
occurred and increase the subsequent assessment of the 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, and 19 CFR 351.213(h)(1).
Dated: November 7, 2019.
Jeffrey I. Kessler,
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. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019-24733 Filed 11-13-19; 8:45 am]
BILLING CODE 3510-DS-P
