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; 2020-2021, 60650-60653 [2022-21771]
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Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
assessment of antidumping duties on
entries of merchandise covered by the
review and for future cash deposits of
estimated antidumping duties, where
applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be in effect for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on, or after, the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) for an
exporter granted a separate rate in the
final results of this review, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review for the company (except, if the
rate is de minimis, then a cash deposit
rate of zero will be required); (2) for a
previously investigated or reviewed
exporter of subject merchandise not
listed in the final results of review that
has a separate rate, the cash deposit rate
will continue to be the exporter’s
existing cash deposit rate; (3) for all
China exporters of subject merchandise
that do not have a separate rate, the cash
deposit rate will be equal to the
weighted-average dumping margin
assigned to the China-wide entity,
which is 144.50 percent; and (4) for a
non-China exporter of subject
merchandise that does not have a
separate rate, the cash deposit rate will
be equal to the weighted-average
dumping margin applicable to the China
exporter(s) that supplied that non-China
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
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This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping and/
or countervailing duties prior to
liquidation of the relevant entries
during the POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Dated: September 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
DEPARTMENT OF COMMERCE
Appendix I
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; 2020–
2021
List of Sections in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Preliminary Determination of No
Shipments
VI. Selection of Respondents
VII. Discussion of Methodology
VIII. Currency Conversion
IX. Recommendation
Appendix II
Companies Preliminary Determined To Not
Be Eligible for a Separate Rate
1. Ateel Display Industries (Xiamen) Co., Ltd.
2. CTC Universal (Zhangzhou) Industrial Co.,
Ltd.
3. David Metal Craft Manufactory Ltd.
4. Fujian Ever Glory Fixtures Co., Ltd.
5. Guangdong Wireking Housewares and
Hardware Co., Ltd.
6. Hebei Wuxin Garden Products Co., Ltd.
7. Huanghua Xinxing Furniture Co., Ltd.
8. i-Lift Equipment Ltd.
9. Johnson (Suzhou) Metal Products Co., Ltd.
10. Master Trust (Xiamen) Import and Export
Co., Ltd.
11. Ningbo Xinguang Rack Co., Ltd.
12. Redman Corporation
13. Redman Import & Export Limited
14. Suzhou (China) Sunshine Hardware &
Equipment Imp. & Exp. Co. Ltd.
15. Tianjin Master Logistics Equipment Co.,
Ltd.
16. Xiamen Baihuide Manufacturing Co., Ltd.
17. Xiamen Ever Glory Fixtures Co., Ltd.
18. Xiamen Golden Trust Industry & Trade
Co., Ltd.
19. Xiamen Kingfull Imp and Exp Co., Ltd.
(d.b.a) Xiamen Kingfull Displays Co., Ltd.
20. Xiamen LianHong Industry and Trade
Co., Ltd.
21. Xiamen Luckyroc Storage Equipment
Manufacture Co., Ltd.
22. Xiamen Meitoushan Metal Products Co.,
Ltd.
23. Xiamen Power Metal Display Co., Ltd.
24. Xiamen XinHuiYuan Industrial & Trade
Co., Ltd.
25. Xiamen Yiree Display Fixtures Co., Ltd.
26. Zhangjiagang Better Display Co., Ltd.
[FR Doc. 2022–21796 Filed 10–5–22; 8:45 am]
BILLING CODE 3510–DS–P
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act, and 19 CFR 351.213
and 351.221(b)(4).
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International Trade Administration
[A–533–843]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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,
2020, through August 31, 2021. We
preliminarily find that Cellpage
Ventures Private Limited (Cellpage)
made sales of subject merchandise at
less than normal value during the POR
and Navneet Education Ltd. (Navneet)
did not. Finally, we are also rescinding
this review with respect to four
companies. We invite interested parties
to comment on these preliminary
results.
DATES: Applicable October 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt or Jolanta Lawska,
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 or
(202) 482–8362, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 28, 2006, Commerce
published the Order in the Federal
Register.1 On November 5, 2021,
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 2, 2022,
we extended the deadline for the
preliminary results to September 30,
2022.3
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, 86 FR
61121 (November 5, 2021) (Initiation Notice).
3 See Memorandum, ‘‘Certain Lined Paper
Products from India: Extension of Deadline for
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Commerce initiated this
administrative review covering the
following seventeen companies:
Cellpage; Dinakar Process Private
Limited (Dinakar); Goldenpalm
Manufacturers PVT Limited; ITC
Limited-Education and Stationery
Products Business; JC Stationery (P) Ltd
(JC Stationery); Kokuyo Riddhi Paper
Products Pvt. Ltd. (Kokuyo); Lodha
Offset Limited (Lodha); Lotus Global
Private Limited (Lotus Global); M/s.
Bhaskar Paper Products (Bhaskar);
Magic International Pvt. Ltd. (Magic);
Marisa International; Navneet; Pioneer
Stationery Private Limited (Pioneer); PP
Bafna Ventures Private Limited; SAB
International; SGM Paper Products
(SGM); and Super Impex.4 On December
20, 2021, the Association of American
School Paper Suppliers and its
individual members (the petitioners),
timely withdrew their request for review
of Kokuyo, Lodha, Pioneer, SAB
International, SGM, and Super Impex.5
No other parties requested a review of
Kokuyo, Lodha, SAB International, and
Super Impex. Pioneer and SGM
requested an administrative review with
respect to themselves.6 As detailed
below, we are rescinding the review, in
part, with respect to Kokuyo, Lodha,
SAB International, and Super Impex.
This review covers two mandatory
respondents, Cellpage and Navneet. The
other eleven companies were not
selected for individual examination and
remain subject to this administrative
review.
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.7
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
Preliminary Results of Antidumping Duty
Administrative Review; 2020–2021,’’ dated May 2,
2022.
4 See Initiation Notice, 86 FR at 61123.
5 See Petitioners’ Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated
December 20, 2021 (Petitioners’ Withdrawal of
Request for Review).
6 See Pioneer’s Letter, ‘‘Request for
Administrative Review of Anti-Dumping Duty of
Pioneer Stationery Private Limited,’’ dated
September 30, 2021 (Pioneer’s Request for Review);
see also SGM’s Letter, ‘‘Request for Administrative
Review of Anti-Dumping Duty of SGM Paper
Products,’’ dated September 30, 2021 (SGM’s
Request for Review).
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Certain Lined Paper
Products from India; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
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
subheadings are provided for
convenience and customs purposes, the
written product description remains
dispositive. For a full description of the
scope of the Order, see 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 December 20, 2021, the
petitioners timely withdrew their
request for reviews of Kokuyo, Lodha,
Pioneer, SAB International, SGM, and
Super Impex.9 Because there are still
active review requests for Pioneer and
SGM, we are not rescinding the review
with respect to these companies.10
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, in part, with respect to
Kokuyo, Lodha, SAB International, and
Super Impex, pursuant to 19 CFR
351.213(d)(1) and (4).
Preliminary Determination of No
Shipments
On December 3, 2021, Bhaskar,
Dinakar, and JC Stationery submitted
no-shipment certifications.11 On
November 22, 2021, Lodha submitted a
8 Id.
9 See Petitioners’ Withdrawal of Request for
Review.
10 See Pioneer’s Request for Review; and SGM’s
Request for Review.
11 See Bhaskar’s Letter, ‘‘Certification of No Sales,
Shipments, or Entries,’’ dated December 3, 2021;
see also Dinakar’s Letter, ‘‘Certification of No Sales,
Shipments, or Entries,’’ dated December 3, 2021;
and JC Stationery’s Letter, ‘‘Certification of No
Sales, Shipments, or Entries,’’ dated December 3,
2021.
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60651
response to Commerce’s quantity and
value questionnaire which indicated
that the company had no shipments
during the POR.12 To confirm the noshipment claims by Bhaskar, Dinakar, JC
Stationery, and Lodha, on December 16,
2021, Commerce issued no-shipment
inquiries to U.S. Customs and Border
Protection (CBP).13 CBP reported that it
had no information to contradict the noshipment claims of Bhaskar, Dinakar, JC
Stationery, and Lodha during the
POR.14
Given that Bhaskar, Dinakar, JC
Stationery, and Lodha reported that they
made no shipments of subject
merchandise to the United States during
the POR, and there is no information
calling these companies’ claims into
question, we preliminarily determine
that Bhaskar, Dinakar, JC Stationery,
and Lodha did not have any reviewable
transactions during the POR. As noted
above, on December 20, 2021, the
petitioners timely withdrew their
request for a review of Lodha, and
because no other parties requested a
review of Lodha, we are rescinding the
review with respect to Lodha. With
respect to Bhaskar, Dinakar, and JC
Stationery, consistent with Commerce’s
practice, we will not rescind the review
regarding these companies but, rather,
will complete the review and issue
instructions to CBP based on the final
results of this review.15
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. A list of the
topics discussed in the Preliminary
Decision Memorandum is included as
the appendix to this notice.
12 See Lodha’s Letter, ‘‘Response to Quantity &
Value Questionnaire,’’ dated November 22, 2021.
13 See Memorandum, ‘‘No Shipment Inquiries,’’
dated December 17, 2021.
14 See Memorandum, ‘‘CBP Response to No
Shipment Inquiries,’’ dated December 20, 2021.
15 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) (citing Antidumping and
Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Automatic Assessment Clarification)).
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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 and Marisa International because
they did not submit timely responses to
Commerce’s quantity and value
questionnaire. We are preliminarily
assigning to Magic and Marisa
International, as adverse facts available,
a dumping margin of 215.93 percent.
Commerce is not required to corroborate
any dumping margin applied in a
separate segment of the same
proceeding.16 Because the 215.93
percent rate was applied in a separate
segment of this proceeding,17 Commerce
does not need to corroborate the rate in
this review. For a complete explanation
of the analysis underlying the
application of adverse facts available,
see the Preliminary Decision
Memorandum.
Rate for Non-Selected Respondents
For the rate for companies not
selected for individual examination in
an administrative review, generally,
Commerce looks for guidance in
administrative reviews to section
735(c)(5) of the Act, which provides
instructions for calculating the allothers rate in a less-than-fair-value
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}.’’ Where the
dumping margins for individually
16 See
section 776(c)(2) of the Act.
Certain Lined Paper Products from India:
Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2019– 2020, 87 FR 17989, 17990 (March 29, 2022).
17 See
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examined respondents are all zero, de
minimis, or based entirely on facts
available, section 735(c)(5)(B) of the Act
provides that Commerce may use ‘‘any
reasonable method to establish the
estimated all-others rate for exporters
and producers not individually
investigated, including averaging the
estimated weighted-average dumping
margins determined for the exporters
and producers individually
investigated.’’
In this segment of the proceeding, we
calculated a margin for Cellpage that
was not zero, de minimis, or based on
facts available. Accordingly, we have
preliminarily applied the margins for
Cellpage to the non-individually
examined respondents.
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the period
September 1, 2020, through August 31,
2021:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
Cellpage Ventures Private Limited ........
Navneet Education Ltd ..........................
Goldenpalm Manufacturers PVT Limited .....................................................
ITC Limited-Education and Stationary
Products Business .............................
Lotus Global Private Limited .................
Pioneer Stationery Pvt. Ltd ...................
PP Bafna Ventures Private Limited ......
SGM Paper Products ............................
Magic International Pvt. Ltd ..................
Marisa International ...............................
11.43
0.00
11.43
11.43
11.43
11.43
11.43
11.43
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
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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.18
Should we continue to apply facts
available with an adverse inference to
Magic and Marisa International in the
final results, we will instruct CBP to
apply an assessment rate equal to the
dumping margin of 215.93 percent, as
indicated above, to all entries produced
and/or exported by Magic and Marisa
International. The assessment rate for
antidumping duties for each of the
companies not selected for individual
examination will be equal to the
weighted-average dumping margin
identified in the final results of review.
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 this 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 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
review; (2) for merchandise exported by
producers or exporters not covered in
this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment 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.19 These cash
18 See
19 See
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Automatic Assessment Clarification.
Order, 71 FR 56952.
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On February 14, 2022, the petitioners
requested that Commerce conduct
verification of Navneet’s responses.20
Accordingly, as provided in section
782(i)(3) of the Act, Commerce intends
to verify the information relied upon in
determining its final results.
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.
Disclosure and Public Comment
Notification to Importers
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.21
Interested parties may submit case briefs
not later than seven days after the date
on which the last verification report is
issued in this administrative review.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the date for filing
case briefs.22 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.23 All briefs must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
the established deadline. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.24
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.25
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
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.
deposit requirements, when imposed,
shall remain in effect until further
notice.
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Verification
20 See Petitioners’ Letter, ‘‘Request for
Verification,’’ dated February 14, 2022.
21 See 19 CFR 351.224(b).
22 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).
23 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
24 See Temporary Rule.
25 See 19 CFR 351.310(c).
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Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(h)(1).
Dated: September 30, 2022.
Lisa W. Wang,
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. 2022–21771 Filed 10–5–22; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–882]
Certain Cold-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Countervailing
Duty Administrative Review, 2020
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers/
exporters of certain cold-rolled steel flat
products (cold-rolled steel) from the
Republic of Korea (Korea) received
countervailable subsidies during the
period of review (POR) January 1, 2020,
through December 31, 2020, while other
producers/exporters (i.e., Hyundai Steel
Co., Ltd., also referred to as Hyundai
Steel Company (Hyundai Steel) and
POSCO) received de minimis net
countervailable subsidies during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold or Harrison Tanchuck,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1121
and (202) 482–7421, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 5, 2021, Commerce
published a notice of initiation of
administrative review of the
countervailing duty (CVD) order on
cold-rolled steel from Korea.1 On
December 1, 2021, Commerce selected
Hyundai Steel and POSCO as
mandatory respondents in this
administrative review.2 On April 12,
2022, Commerce extended the deadline
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
61121 (November 5, 2021).
2 See Memorandum, ‘‘Countervailing Duty
Administrative Review of Cold-Rolled Steel Flat
Products from the Republic of Korea: Selection of
Respondents,’’ dated December 1, 2021. The
petitioners requested a review of ‘‘Hyundai Steel
Co., Ltd.,’’ while Hyundai Steel requested a review
of ‘‘Hyundai Steel Company.’’ We selected Hyundai
Steel Co., Ltd., also referred to as Hyundai Steel
Company as a mandatory respondent, based on the
entry volume of exports of subject merchandise
during the POR. We combined the entry quantities
of Hyundai Steel Co., Ltd., based on the company
specific case number which appears in the CBP
data.
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60650-60653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21771]
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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; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through August 31, 2021. We preliminarily find that
Cellpage Ventures Private Limited (Cellpage) made sales of subject
merchandise at less than normal value during the POR and Navneet
Education Ltd. (Navneet) did not. Finally, we are also rescinding this
review with respect to four companies. We invite interested parties to
comment on these preliminary results.
DATES: Applicable October 6, 2022.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or Jolanta Lawska, 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 or (202)
482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published the Order in the Federal
Register.\1\ On November 5, 2021, 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 2, 2022, we extended the
deadline for the preliminary results to September 30, 2022.\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, 86 FR 61121 (November 5, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Certain Lined Paper Products from India:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021,'' dated May 2, 2022.
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[[Page 60651]]
Commerce initiated this administrative review covering the
following seventeen companies: Cellpage; Dinakar Process Private
Limited (Dinakar); Goldenpalm Manufacturers PVT Limited; ITC Limited-
Education and Stationery Products Business; JC Stationery (P) Ltd (JC
Stationery); Kokuyo Riddhi Paper Products Pvt. Ltd. (Kokuyo); Lodha
Offset Limited (Lodha); Lotus Global Private Limited (Lotus Global); M/
s. Bhaskar Paper Products (Bhaskar); Magic International Pvt. Ltd.
(Magic); Marisa International; Navneet; Pioneer Stationery Private
Limited (Pioneer); PP Bafna Ventures Private Limited; SAB
International; SGM Paper Products (SGM); and Super Impex.\4\ On
December 20, 2021, the Association of American School Paper Suppliers
and its individual members (the petitioners), timely withdrew their
request for review of Kokuyo, Lodha, Pioneer, SAB International, SGM,
and Super Impex.\5\ No other parties requested a review of Kokuyo,
Lodha, SAB International, and Super Impex. Pioneer and SGM requested an
administrative review with respect to themselves.\6\ As detailed below,
we are rescinding the review, in part, with respect to Kokuyo, Lodha,
SAB International, and Super Impex. This review covers two mandatory
respondents, Cellpage and Navneet. The other eleven companies were not
selected for individual examination and remain subject to this
administrative review.
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\4\ See Initiation Notice, 86 FR at 61123.
\5\ See Petitioners' Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated December 20, 2021 (Petitioners'
Withdrawal of Request for Review).
\6\ See Pioneer's Letter, ``Request for Administrative Review of
Anti-Dumping Duty of Pioneer Stationery Private Limited,'' dated
September 30, 2021 (Pioneer's Request for Review); see also SGM's
Letter, ``Request for Administrative Review of Anti-Dumping Duty of
SGM Paper Products,'' dated September 30, 2021 (SGM's Request for
Review).
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\7\ 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. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Lined
Paper Products from India; 2020-2021,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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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 subheadings are provided for
convenience and customs purposes, the written product description
remains dispositive. For a full description of the scope of the Order,
see the Preliminary Decision Memorandum.\8\
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\8\ Id.
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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 December 20, 2021, the petitioners timely withdrew their
request for reviews of Kokuyo, Lodha, Pioneer, SAB International, SGM,
and Super Impex.\9\ Because there are still active review requests for
Pioneer and SGM, we are not rescinding the review with respect to these
companies.\10\ 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, in part, with respect to Kokuyo,
Lodha, SAB International, and Super Impex, pursuant to 19 CFR
351.213(d)(1) and (4).
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\9\ See Petitioners' Withdrawal of Request for Review.
\10\ See Pioneer's Request for Review; and SGM's Request for
Review.
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Preliminary Determination of No Shipments
On December 3, 2021, Bhaskar, Dinakar, and JC Stationery submitted
no-shipment certifications.\11\ On November 22, 2021, Lodha submitted a
response to Commerce's quantity and value questionnaire which indicated
that the company had no shipments during the POR.\12\ To confirm the
no-shipment claims by Bhaskar, Dinakar, JC Stationery, and Lodha, on
December 16, 2021, Commerce issued no-shipment inquiries to U.S.
Customs and Border Protection (CBP).\13\ CBP reported that it had no
information to contradict the no-shipment claims of Bhaskar, Dinakar,
JC Stationery, and Lodha during the POR.\14\
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\11\ See Bhaskar's Letter, ``Certification of No Sales,
Shipments, or Entries,'' dated December 3, 2021; see also Dinakar's
Letter, ``Certification of No Sales, Shipments, or Entries,'' dated
December 3, 2021; and JC Stationery's Letter, ``Certification of No
Sales, Shipments, or Entries,'' dated December 3, 2021.
\12\ See Lodha's Letter, ``Response to Quantity & Value
Questionnaire,'' dated November 22, 2021.
\13\ See Memorandum, ``No Shipment Inquiries,'' dated December
17, 2021.
\14\ See Memorandum, ``CBP Response to No Shipment Inquiries,''
dated December 20, 2021.
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Given that Bhaskar, Dinakar, JC Stationery, and Lodha reported that
they made no shipments of subject merchandise to the United States
during the POR, and there is no information calling these companies'
claims into question, we preliminarily determine that Bhaskar, Dinakar,
JC Stationery, and Lodha did not have any reviewable transactions
during the POR. As noted above, on December 20, 2021, the petitioners
timely withdrew their request for a review of Lodha, and because no
other parties requested a review of Lodha, we are rescinding the review
with respect to Lodha. With respect to Bhaskar, Dinakar, and JC
Stationery, consistent with Commerce's practice, we will not rescind
the review regarding these companies but, rather, will complete the
review and issue instructions to CBP based on the final results of this
review.\15\
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\15\ 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) (citing Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003) (Automatic Assessment Clarification)).
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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. A list of the topics discussed in the Preliminary Decision
Memorandum is included as the appendix to this notice.
[[Page 60652]]
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 and Marisa International because they did not submit timely
responses to Commerce's quantity and value questionnaire. We are
preliminarily assigning to Magic and Marisa International, as adverse
facts available, a dumping margin of 215.93 percent. Commerce is not
required to corroborate any dumping margin applied in a separate
segment of the same proceeding.\16\ Because the 215.93 percent rate was
applied in a separate segment of this proceeding,\17\ Commerce does not
need to corroborate the rate in this review. For a complete explanation
of the analysis underlying the application of adverse facts available,
see the Preliminary Decision Memorandum.
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\16\ See section 776(c)(2) of the Act.
\17\ See Certain Lined Paper Products from India: Final Results
of Antidumping Duty Administrative Review and Final Determination of
No Shipments; 2019- 2020, 87 FR 17989, 17990 (March 29, 2022).
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Rate for Non-Selected Respondents
For the rate for companies not selected for individual examination
in an administrative review, generally, Commerce looks for guidance in
administrative reviews to section 735(c)(5) of the Act, which provides
instructions for calculating the all-others rate in a less-than-fair-
value 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} .'' Where the dumping margins for
individually examined respondents are all zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act provides
that Commerce may use ``any reasonable method to establish the
estimated all-others rate for exporters and producers not individually
investigated, including averaging the estimated weighted-average
dumping margins determined for the exporters and producers individually
investigated.''
In this segment of the proceeding, we calculated a margin for
Cellpage that was not zero, de minimis, or based on facts available.
Accordingly, we have preliminarily applied the margins for Cellpage to
the non-individually examined respondents.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period September 1, 2020, through
August 31, 2021:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Cellpage Ventures Private Limited........................... 11.43
Navneet Education Ltd....................................... 0.00
Goldenpalm Manufacturers PVT Limited........................ 11.43
ITC Limited-Education and Stationary Products Business...... 11.43
Lotus Global Private Limited................................ 11.43
Pioneer Stationery Pvt. Ltd................................. 11.43
PP Bafna Ventures Private Limited........................... 11.43
SGM Paper Products.......................................... 11.43
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.\18\
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\18\ See Automatic Assessment Clarification.
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Should we continue to apply facts available with an adverse
inference to Magic and Marisa International in the final results, we
will instruct CBP to apply an assessment rate equal to the dumping
margin of 215.93 percent, as indicated above, to all entries produced
and/or exported by Magic and Marisa International. The assessment rate
for antidumping duties for each of the companies not selected for
individual examination will be equal to the weighted-average dumping
margin identified in the final results of review.
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 this 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 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 review; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment 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.\19\ These cash
[[Page 60653]]
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Order, 71 FR 56952.
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Verification
On February 14, 2022, the petitioners requested that Commerce
conduct verification of Navneet's responses.\20\ Accordingly, as
provided in section 782(i)(3) of the Act, Commerce intends to verify
the information relied upon in determining its final results.
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\20\ See Petitioners' Letter, ``Request for Verification,''
dated February 14, 2022.
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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.\21\ Interested
parties may submit case briefs not later than seven days after the date
on which the last verification report is issued in this administrative
review. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than seven days after the date for filing case
briefs.\22\ 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.\23\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety by the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\24\
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\21\ See 19 CFR 351.224(b).
\22\ 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).
\23\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\24\ See Temporary Rule.
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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.\25\ 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.
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\25\ See 19 CFR 351.310(c).
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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
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 preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(1).
Dated: September 30, 2022.
Lisa W. Wang,
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. 2022-21771 Filed 10-5-22; 8:45 am]
BILLING CODE 3510-DS-P
