Certain Lined Paper Products From India: Preliminary Results of Antidumping Duty Administrative Review; Rescission of Administrative Review, in Part; and Preliminary Determination of No Shipments; 2019-2020, 54426-54429 [2021-21404]
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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices
19 CFR 351.218(d)(1)(i).3 The domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act, as domestic producers of CORE.
On July 1, 2021, Commerce received a
complete substantive response for the
review from the domestic interested
parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).4
On July 22, 2021, Commerce notified
the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties.5 As a
result, pursuant to 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted an expedited
(120-day) sunset review of the CVD
order on CORE from Korea.
that revocation of the Order would be
likely to lead to the continuation or
recurrence of countervailable subsidies
at the rates listed below:
Scope of the Order
The products covered by the Order
are CORE. For a full description of the
scope, see the Issues and Decision
Memorandum.6
This notice also serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. 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.
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, is provided
in the Issues and Decision
Memorandum. A list of the topics
discussed in the Issues and Decision
Memorandum is attached as an
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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://
enforcement.trade.gov/frn/.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
3 See Cleveland-Cliffs’s Letter, ‘‘Notice of Intent to
Participate,’’ dated June 14, 2021; see also U.S.
Steel’s Letter, ‘‘Notice of Intent to Participate, dated
June 16, 2021; CSI and SDI’s Letter, ‘‘Notice of
Intent to Participate in the Five Year-Review
Review of the Countervailing Duty Order on Certain
Corrosion-Resistant Steel Products from the
Republic of Korea,’’ dated June 16, 2021; and
Nucor’s Letter, ‘‘Notice of Intent to Participate in
Sunset Review,’’ dated June 16, 2021.
4 See Domestic Interested Parties’ Letter,
‘‘Substantive Response to Notice of Initiation of
Sunset Review,’’ dated July 1, 2021.
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on June 1, 2021,’’ dated July 22, 2021.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Review of the Countervailing Duty
Order on Certain Corrosion-Resistant Steel Products
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Subsidy rate
(percent)
Producer/exporter
Dongbu Steel Co., Ltd./
Dongbu Incheon Steel Co.,
Ltd .....................................
Union Steel Manufacturing
Co. Ltd/Dongkuk Steel Mill
Co., Ltd .............................
All Others ..............................
1.19
* 0.72
1.19
* (de minimis)
Notification Regarding Administrative
Protective Order (APO)
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act,
and 19 CFR 351.218.
Dated: September 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Issues Addressed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates That
Are Likely To Prevail
3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation
[FR Doc. 2021–21444 Filed 9–30–21; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–843]
Certain Lined Paper Products From
India: Preliminary Results of
Antidumping Duty Administrative
Review; Rescission of Administrative
Review, in Part; and Preliminary
Determination of No Shipments; 2019–
2020
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 of review (POR), September 1,
2019, through August 31, 2020. We
preliminarily find that Navneet
Education Ltd. (Navneet) made sales of
subject merchandise at less than normal
value during the POR. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable October 1, 2021.
FOR FURTHER INFORMATION CONTACT:
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) 482–7851.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 28, 2006, Commerce
published the Order in the Federal
Register.1 On October 30, 2020,
pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act),
Commerce initiated an administrative
review of the Order.2 On May 24, 2021,
we extended the deadline for the
preliminary results to September 30,
2021.3
Commerce initiated this
administrative review covering the
following seventeen companies:
Cellpage Ventures Private Limited
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) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
68840 (October 30, 2020) (Initiation Notice).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2019–2020,’’ dated May 24,
2021.
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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices
(Cellpage); Goldenpalm Manufacturers
PVT Limited (Goldenpalm); ITC
Limited—Education and Stationery
Products Business (ITC Limited); M/s.
Bhaskar Paper Products (Bhaskar);
Dinakar Process Private Limited
(Dinakar); JC Stationery (P) Ltd. (JC
Stationery); Kokuyo Riddhi Paper
Products Pvt. Ltd. (Kokuyo); Lodha
Offset Limited (Lodha); Lotus Global
Private Limited (Lotus Global); Magic
International Pvt. Ltd. (Magic); Marisa
International (Marisa); Navneet; Pioneer
Stationery Pvt. Ltd. (Pioneer); PP Bafna
Ventures Private Limited (PP Bafna);
SAB International (SAB); SGM Paper
Products (SGM); and Super Impex.4 On
January 19, 2021, Pioneer, PP Bafna,
SAB, SGM, and Super Impex timely
withdrew their requests for review.5 On
January 20, 2021, Cellpage, Lotus
Global, and Kokuyo timely withdrew
their requests for review.6 On January
28, 2021, ITC Limited, Bhaskar, Dinakar,
and JC Stationery timely withdrew their
requests for review.7 As detailed below,
we are rescinding the review, in part,
with respect to ten of the above
companies. This review covers one
mandatory respondent, Navneet. The
other six companies were not selected
for individual examination and remain
subject to this administrative review.
Scope of the Order
The merchandise covered by the
Order is certain lined paper products.
4 Initiation
Notice, 85 FR at 68842.
Pioneer’s Letter, ‘‘Withdrawal of Request for
Antidumping Duty Administrative Review of
Pioneer,’’ dated January 19, 2021 (Pioneer’s
Withdrawal of Request for Review); PP Bafna’s
Letter, ‘‘Withdrawal of Request for Antidumping
Duty Administrative Review of PP Bafna,’’ dated
January 19, 2021 (PP Bafna’s Withdrawal of Request
for Review); SAB’s Letter, ‘‘Withdrawal of Request
for Antidumping Duty Administrative Review of
SAB International,’’ dated January 19, 2021 (SAB’s
Withdrawal of Request for Review); SGM’s Letter,
‘‘Withdrawal of Request for Antidumping Duty
Administrative Review of SGM Paper Products,’’
dated January 19, 2021 (SGM’s Withdrawal of
Request for Review); and Super Impex’s Letter,
‘‘Withdrawal of Request for Antidumping Duty
Administrative Review of Super Impex,’’ dated
January 19, 2021 (Super Impex’s Withdrawal of
Request for Review).
6 See Cellpage’s Letter, ‘‘Withdrawal of Request
for Antidumping Duty Administrative Review of
Cellpage Ventures Private Limited,’’ dated January
20, 2021 (Cellpage’s Withdrawal of Request for
Review); Lotus Global’s Letter, ‘‘Withdrawal of
Request for Antidumping Duty Administrative
Review of Lotus Global Private Limited,’’ dated
January 20, 2021 (Lotus Global’s Withdrawal of
Request for Review); and Kokuyo’s Letter,
‘‘Withdrawal of Request for Anti-dumping Duty
Administrative Review of Kokuyo Riddhi Paper
Products Private Limited,’’ dated January 20, 2021
(Kokuyo’s Withdrawal of Request for Review).
7 See ITC Limited, Bhaskar, Dinakar, and JC
Stationery’s Letter, ‘‘Withdrawal of Request for
Administrative Review,’’ dated January 28, 2021
(ITC Limited, Bhaskar, Dinakar, and JC Stationery’s
Withdrawal of Request for Review).
5 See
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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
Order is contained in the Preliminary
Decision Memorandum.8
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. As
noted above, on January 19, 2021,
Pioneer, PP Bafna, SAB, SGM, and
Super Impex timely withdrew their
requests for review.9 On January 20,
2021, Cellpage, Lotus Global, and
Kokuyo timely withdrew their requests
for review.10 On January 28, 2021, ITC
Limited, Bhaskar, Dinakar, and JC
Stationery timely withdrew their
requests for review.11 Because there is
still an active review request for Pioneer
and SGM, we are not rescinding the
review with respect to these
companies.12 However, because there
was a timely withdrawal of requests for
review and because there are no other
active requests for review, we are
rescinding this review with respect to
the following companies, pursuant to 19
CFR 351.213(d)(1): Bhaskar, Cellpage,
Dinakar, ITC Limited, JC Stationery,
Kokuyo, Lotus Global, PP Bafna, SAB,
and Super Impex.
8 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Certain Lined Paper
Products from India; 2018–2019,’’ dated
concurrently and hereby adopted by this notice
(Preliminary Decision Memorandum).
9 See Pioneer’s Withdrawal of Request for Review;
PP Bafna’s Withdrawal of Request for Review;
SAB’s Withdrawal of Request for Review; SGM’s
Withdrawal of Request for Review; and Super
Impex’s Withdrawal of Request for Review.
10 See Cellpage’s Withdrawal of Request for
Review; Lotus Global’s Withdrawal of Request for
Review; and Kokuyo’s Withdrawal of Request for
Review.
11 See ITC Limited, Bhaskar, Dinakar, and JC
Stationery’s Withdrawal of Request for Review.
12 See Petitioners’ Letter, ‘‘Request for
Administrative Review,’’ dated September 30, 2020.
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54427
Preliminary Determination of No
Shipments
On November 23, 2020, Goldenpalm
submitted a no-shipment certification.13
To confirm Goldenpalm’s no-shipment
claim, on January 28, 2021, Commerce
issued a no-shipment inquiry to U.S.
Customs and Border Protection (CBP).14
CBP reported that it had no information
to contradict Goldenpalm’s no
shipments claim during the POR.15
Given that Goldenpalm reported that
it made no shipments of subject
merchandise to the United States during
the POR, and there is no information
calling Goldenpalm’s claim into
question, we preliminarily determine
that Goldenpalm did not have any
reviewable transactions during the POR.
Consistent with Commerce’s practice,
we will not rescind the review with
respect to Goldenpalm but, rather, will
complete the review and issue
instructions to CBP based on the final
results.16
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
13 See Goldenpalm’s Letter, ‘‘Response to Q & V
Questionnaire,’’ dated November 23, 2020.
14 See Memorandum, ‘‘No Shipment Inquiry,’’
dated January 28, 2021.
15 See Memorandum, ‘‘No shipment inquiry with
respect to the company below during the period 09/
01/2019 through 08/30/2020’’ dated March 12,
2021.
16 Commerce determined to not rescind a review
with respect to exporters that demonstrate that they
had no knowledge of sales through resellers to the
United States because we find it appropriate to
instruct CBP to liquidate such entries at the allothers rate applicable to the proceeding. Further,
Commerce explained that it is more consistent with
the Automatic Assessment Clarification not to
rescind a review in part under these circumstances
but rather to complete the review and issue
appropriate instructions to CBP based on the final
results of the review. 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) at 6–7 (citing
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003) (Automatic Assessment
Clarification)).
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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
Adverse Facts Available
Sections 776(a)(1) and 776(a)(2) of the
Act provide that Commerce shall,
subject to section 782(d) of the Act,
apply ‘‘facts otherwise available’’ if
necessary information is not available
on the record or if any other person: (A)
Withholds information requested by
Commerce; (B) fails to provide such
information by the deadlines for
submission of the information, or in the
form and manner requested, subject to
subsections (c)(1) and (e) of section 782
of the Act; (C) significantly impedes a
proceeding; or (D) provides such
information but the information cannot
be verified as provided in section 782(i)
of the Act. Pursuant to sections 776(a)
and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available with adverse
inferences to determine the estimated
weighted-average dumping margin for
Magic International Pvt. Ltd. and Marisa
International because they did not
submit timely responses to Commerce’s
quantity and value questionnaire. We
are preliminarily assigning to Magic
International Pvt. Ltd. and Marisa
International, as adverse facts available,
the highest rate from the petition, which
we have corroborated under section
776(c)(2) of the Act using the highest
individual transaction-specific margin
calculated for Navneet. For a complete
explanation of the analysis underlying
the application of AFA, see the
Preliminary Decision Memorandum.
Rate for Non-Selected Respondents
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. 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, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
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‘‘an amount equal to the weightedaverage of the estimated weightedaverage 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
As a result of this review, we
preliminarily find the following
weighted-average dumping margins for
the period September 1, 2019 through
August 31, 2020.
Producer/exporter
Navneet Education Ltd ...............
Lodha Offset Limited ..................
Pioneer Stationery Pvt. Ltd ........
SGM Paper Products .................
Magic International Pvt. Ltd ........
Marisa International ....................
Weightedaverage
dumping
margin
(percent)
18.35
18.35
18.35
18.35
215.93
215.93
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 a respondent’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
will calculate importer-specific ad
valorem antidumping duty assessment
rates based on the ratio of the total
amount of dumping calculated for an
importer’s examined sales and the total
entered value of such sales in
accordance with 19 CFR 351.212(b)(1).
Where either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c), or an importer-specific rate
is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
Pursuant to Commerce’s Automatic
Assessment Clarification, for entries of
subject merchandise during the POR
produced by a respondent for which it
did not know its merchandise was
destined for the United States,
Commerce will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
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company(ies) involved in the
transaction.17
We intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
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 respondent
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.18 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.19
Interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice in the Federal
Register.20 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than seven days after the
17 See
Automatic Assessment Clarification.
Order, 71 FR 56952.
19 See 19 CFR 351.224(b).
20 See 19 CFR 351.309(c)(1)(ii).
18 See
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date for filing case briefs.21 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.22 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.23
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 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.
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 presumption that
reimbursement of antidumping and/or
countervailing 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, and 19
CFR 351.213(h)(1).
21 See 19 CFR 351.309(d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
22 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
23 See 19 CFR 351.310(c).
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Dated: September 27, 2021.
Christian Marsh,
Acting 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. Partial Rescission of Administrative
Review
V. Preliminary Determination of No
Shipments
VI. Companies Not Selected for Individual
Examination
VII. Application of Facts Available and
Adverse Inference
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021–21404 Filed 9–30–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
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54429
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to: (a)
Identify which companies subject to
review previously were collapsed; and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
E:\FR\FM\01OCN1.SGM
01OCN1
]]>Agencies
[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Pages 54426-54429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21404]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Preliminary Results of
Antidumping Duty Administrative Review; Rescission of Administrative
Review, in Part; and Preliminary Determination of No Shipments; 2019-
2020
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 of review (POR),
September 1, 2019, through August 31, 2020. We preliminarily find that
Navneet Education Ltd. (Navneet) made sales of subject merchandise at
less than normal value during the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable October 1, 2021.
FOR FURTHER INFORMATION CONTACT: 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) 482-7851.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published the Order in the Federal
Register.\1\ On October 30, 2020, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act), Commerce initiated an
administrative review of the Order.\2\ On May 24, 2021, we extended the
deadline for the preliminary results to September 30, 2021.\3\
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\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)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020,''
dated May 24, 2021.
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Commerce initiated this administrative review covering the
following seventeen companies: Cellpage Ventures Private Limited
[[Page 54427]]
(Cellpage); Goldenpalm Manufacturers PVT Limited (Goldenpalm); ITC
Limited--Education and Stationery Products Business (ITC Limited); M/s.
Bhaskar Paper Products (Bhaskar); Dinakar Process Private Limited
(Dinakar); JC Stationery (P) Ltd. (JC Stationery); Kokuyo Riddhi Paper
Products Pvt. Ltd. (Kokuyo); Lodha Offset Limited (Lodha); Lotus Global
Private Limited (Lotus Global); Magic International Pvt. Ltd. (Magic);
Marisa International (Marisa); Navneet; Pioneer Stationery Pvt. Ltd.
(Pioneer); PP Bafna Ventures Private Limited (PP Bafna); SAB
International (SAB); SGM Paper Products (SGM); and Super Impex.\4\ On
January 19, 2021, Pioneer, PP Bafna, SAB, SGM, and Super Impex timely
withdrew their requests for review.\5\ On January 20, 2021, Cellpage,
Lotus Global, and Kokuyo timely withdrew their requests for review.\6\
On January 28, 2021, ITC Limited, Bhaskar, Dinakar, and JC Stationery
timely withdrew their requests for review.\7\ As detailed below, we are
rescinding the review, in part, with respect to ten of the above
companies. This review covers one mandatory respondent, Navneet. The
other six companies were not selected for individual examination and
remain subject to this administrative review.
---------------------------------------------------------------------------
\4\ Initiation Notice, 85 FR at 68842.
\5\ See Pioneer's Letter, ``Withdrawal of Request for
Antidumping Duty Administrative Review of Pioneer,'' dated January
19, 2021 (Pioneer's Withdrawal of Request for Review); PP Bafna's
Letter, ``Withdrawal of Request for Antidumping Duty Administrative
Review of PP Bafna,'' dated January 19, 2021 (PP Bafna's Withdrawal
of Request for Review); SAB's Letter, ``Withdrawal of Request for
Antidumping Duty Administrative Review of SAB International,'' dated
January 19, 2021 (SAB's Withdrawal of Request for Review); SGM's
Letter, ``Withdrawal of Request for Antidumping Duty Administrative
Review of SGM Paper Products,'' dated January 19, 2021 (SGM's
Withdrawal of Request for Review); and Super Impex's Letter,
``Withdrawal of Request for Antidumping Duty Administrative Review
of Super Impex,'' dated January 19, 2021 (Super Impex's Withdrawal
of Request for Review).
\6\ See Cellpage's Letter, ``Withdrawal of Request for
Antidumping Duty Administrative Review of Cellpage Ventures Private
Limited,'' dated January 20, 2021 (Cellpage's Withdrawal of Request
for Review); Lotus Global's Letter, ``Withdrawal of Request for
Antidumping Duty Administrative Review of Lotus Global Private
Limited,'' dated January 20, 2021 (Lotus Global's Withdrawal of
Request for Review); and Kokuyo's Letter, ``Withdrawal of Request
for Anti-dumping Duty Administrative Review of Kokuyo Riddhi Paper
Products Private Limited,'' dated January 20, 2021 (Kokuyo's
Withdrawal of Request for Review).
\7\ See ITC Limited, Bhaskar, Dinakar, and JC Stationery's
Letter, ``Withdrawal of Request for Administrative Review,'' dated
January 28, 2021 (ITC Limited, Bhaskar, Dinakar, and JC Stationery's
Withdrawal of Request for Review).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the 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 Order is contained
in the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Lined
Paper Products from India; 2018-2019,'' dated concurrently and
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. As noted
above, on January 19, 2021, Pioneer, PP Bafna, SAB, SGM, and Super
Impex timely withdrew their requests for review.\9\ On January 20,
2021, Cellpage, Lotus Global, and Kokuyo timely withdrew their requests
for review.\10\ On January 28, 2021, ITC Limited, Bhaskar, Dinakar, and
JC Stationery timely withdrew their requests for review.\11\ Because
there is still an active review request for Pioneer and SGM, we are not
rescinding the review with respect to these companies.\12\ However,
because there was a timely withdrawal of requests for review and
because there are no other active requests for review, we are
rescinding this review with respect to the following companies,
pursuant to 19 CFR 351.213(d)(1): Bhaskar, Cellpage, Dinakar, ITC
Limited, JC Stationery, Kokuyo, Lotus Global, PP Bafna, SAB, and Super
Impex.
---------------------------------------------------------------------------
\9\ See Pioneer's Withdrawal of Request for Review; PP Bafna's
Withdrawal of Request for Review; SAB's Withdrawal of Request for
Review; SGM's Withdrawal of Request for Review; and Super Impex's
Withdrawal of Request for Review.
\10\ See Cellpage's Withdrawal of Request for Review; Lotus
Global's Withdrawal of Request for Review; and Kokuyo's Withdrawal
of Request for Review.
\11\ See ITC Limited, Bhaskar, Dinakar, and JC Stationery's
Withdrawal of Request for Review.
\12\ See Petitioners' Letter, ``Request for Administrative
Review,'' dated September 30, 2020.
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Preliminary Determination of No Shipments
On November 23, 2020, Goldenpalm submitted a no-shipment
certification.\13\ To confirm Goldenpalm's no-shipment claim, on
January 28, 2021, Commerce issued a no-shipment inquiry to U.S. Customs
and Border Protection (CBP).\14\ CBP reported that it had no
information to contradict Goldenpalm's no shipments claim during the
POR.\15\
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\13\ See Goldenpalm's Letter, ``Response to Q & V
Questionnaire,'' dated November 23, 2020.
\14\ See Memorandum, ``No Shipment Inquiry,'' dated January 28,
2021.
\15\ See Memorandum, ``No shipment inquiry with respect to the
company below during the period 09/01/2019 through 08/30/2020''
dated March 12, 2021.
---------------------------------------------------------------------------
Given that Goldenpalm reported that it made no shipments of subject
merchandise to the United States during the POR, and there is no
information calling Goldenpalm's claim into question, we preliminarily
determine that Goldenpalm did not have any reviewable transactions
during the POR. Consistent with Commerce's practice, we will not
rescind the review with respect to Goldenpalm but, rather, will
complete the review and issue instructions to CBP based on the final
results.\16\
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\16\ Commerce determined to not rescind a review with respect to
exporters that demonstrate that they had no knowledge of sales
through resellers to the United States because we find it
appropriate to instruct CBP to liquidate such entries at the all-
others rate applicable to the proceeding. Further, Commerce
explained that it is more consistent with the Automatic Assessment
Clarification not to rescind a review in part under these
circumstances but rather to complete the review and issue
appropriate instructions to CBP based on the final results of the
review. 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) at 6-7 (citing Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003) (Automatic Assessment Clarification)).
---------------------------------------------------------------------------
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
[[Page 54428]]
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice.
Adverse Facts Available
Sections 776(a)(1) and 776(a)(2) of the Act provide that Commerce
shall, subject to section 782(d) of the Act, apply ``facts otherwise
available'' if necessary information is not available on the record or
if any other person: (A) Withholds information requested by Commerce;
(B) fails to provide such information by the deadlines for submission
of the information, or in the form and manner requested, subject to
subsections (c)(1) and (e) of section 782 of the Act; (C) significantly
impedes a proceeding; or (D) provides such information but the
information cannot be verified as provided in section 782(i) of the
Act. Pursuant to sections 776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts otherwise available with adverse
inferences to determine the estimated weighted-average dumping margin
for Magic International Pvt. Ltd. and Marisa International because they
did not submit timely responses to Commerce's quantity and value
questionnaire. We are preliminarily assigning to Magic International
Pvt. Ltd. and Marisa International, as adverse facts available, the
highest rate from the petition, which we have corroborated under
section 776(c)(2) of the Act using the highest individual transaction-
specific margin calculated for Navneet. For a complete explanation of
the analysis underlying the application of AFA, see the Preliminary
Decision Memorandum.
Rate for Non-Selected Respondents
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
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, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. 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
As a result of this review, we preliminarily find the following
weighted-average dumping margins for the period September 1, 2019
through August 31, 2020.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Navneet Education Ltd....................................... 18.35
Lodha Offset Limited........................................ 18.35
Pioneer Stationery Pvt. Ltd................................. 18.35
SGM Paper Products.......................................... 18.35
Magic International Pvt. Ltd................................ 215.93
Marisa International........................................ 215.93
------------------------------------------------------------------------
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 a respondent's weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5 percent) in the final
results of this review, we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for an importer's examined sales and the
total entered value of such sales in accordance with 19 CFR
351.212(b)(1). Where either the respondent's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR 351.106(c),
or an importer-specific rate is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
Pursuant to Commerce's Automatic Assessment Clarification, for
entries of subject merchandise during the POR produced by a respondent
for which it did not know its merchandise was destined for the United
States, Commerce 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.\17\
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\17\ See Automatic Assessment Clarification.
---------------------------------------------------------------------------
We intend to issue assessment instructions to CBP no earlier than
35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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 respondent 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.\18\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\18\ See Order, 71 FR 56952.
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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.\19\ Interested
parties may submit case briefs not later than 30 days after the date of
publication of this notice in the Federal Register.\20\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the
[[Page 54429]]
date for filing case briefs.\21\ 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.\22\ 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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\19\ See 19 CFR 351.224(b).
\20\ See 19 CFR 351.309(c)(1)(ii).
\21\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\22\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
---------------------------------------------------------------------------
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.\23\ 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 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.
---------------------------------------------------------------------------
\23\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
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
presumption that reimbursement of antidumping and/or countervailing
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, and 19 CFR 351.213(h)(1).
Dated: September 27, 2021.
Christian Marsh,
Acting 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. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Companies Not Selected for Individual Examination
VII. Application of Facts Available and Adverse Inference
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-21404 Filed 9-30-21; 8:45 am]
BILLING CODE 3510-DS-P
