Certain Lined Paper Products From India: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022, 26127-26129 [2024-07904]
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
and Mexico. For rescinded
administrative reviews of AD/CVD
orders on Canada or Mexico, Commerce
intends to issue assessment instructions
to CBP no earlier than 41 days after the
date of publication of this recission
notice in the Federal Register.
Notification to Importers
This notice serves as the only
reminder to importers of merchandise
subject to AD orders 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 the review period. Failure to
comply with this requirement could
result in the presumption that
reimbursement of antidumping duties
and/or countervailing duties occurred
and the subsequent assessment of
doubled antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective orders (APO)
of their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in these
segments of these proceedings. 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 the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: April 2, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–07856 Filed 4–12–24; 8:45 am]
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BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–843]
Certain Lined Paper Products From
India: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
ITC Limited made sales of subject
merchandise in the United States at
prices below normal value (NV), and
Navneet Education Ltd. (Navneet) did
not, during the period of review (POR)
September 1, 2021, through August 31,
2022.
DATES: Applicable April 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt or Katherine Sliney,
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) 482–2437, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 5, 2023, Commerce
published the Preliminary Results for
this review in the Federal Register and
invited interested parties to comment on
those results.1 For a summary of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.2 Commerce
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 3
The products covered by this Order
are certain lined paper products from
1 See Certain Lined Paper Products from India:
Preliminary Results of Antidumping Duty
Administrative Review; and Preliminary
Determination of No Shipments; 2021–2022, 88 FR
69125 (October 5, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Results of Antidumping Duty
Administrative Review: Certain Lined Paper
Products from India; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 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
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26127
India. For a complete description of the
scope, see the Issues and Decision
Memorandum.
Final Determination of No Shipments
As noted in the Preliminary Results,
we received no-shipment claims from
Dinakar Process Private Limited
(Dinakar), JC Stationery (P) Ltd (JC
Stationery), and M/s. Bhaskar Paper
Products (Bhaskar), and we
preliminarily determined that JC
Stationery and Bhaskar had no
shipments during the POR.4
Information on the record regarding
U.S. Custom and Border Protection
(CBP) entry data showed that Dinakar
had suspended entries into the United
States.5 Additionally, CBP reported
information that contradicted Dinakar’s
no-shipment claim.6 Prior to the
Preliminary Results, Commerce
requested that Dinakar and ITC
Limited 7 correct customs entry forms
that Dinakar and ITC Limited claim
were filed incorrectly.8 Commerce
preliminarily determined that the record
did not support a finding of no
shipments for Dinakar.9
Following the Preliminary Results,
Commerce again requested that Dinakar
and ITC Limited provide information
that the entry documentation that the
parties claimed incorrectly listed
Dinakar as the exporter or manufacturer
of entries into the United States during
the POR was revised.10 Dinakar and ITC
Limited were unable to demonstrate that
the entry documents were revised to
remove Dinakar as the exporter of
subject entries into the United States
during the POR.11 Accordingly,
Products from India and Indonesia, 71 FR 56949
(September 28, 2006) (Order).
4 See Preliminary Results, 88 FR at 69126.
5 See Commerce’s Letter dated April 3, 2023
(ACCESS barcode 4361597–01); see also
Memorandum, ‘‘Respondent Selection,’’ dated
February 6, 2023, at Attachment.
6 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Information Relating to
December 22, 2022 Entry Document Request,’’
dated January 17, 2023.
7 Commerce noted in the Preliminary Results that
we initiated this review on ‘‘ITC Limited-Education
and Stationery Products Business’’ (ITC–ESPB), but
record evidence indicates that ITC–ESPB is not a
company but is merely a department of ITC
Limited. Accordingly, ITC Limited is the entity
subject to this review, not ITC–ESPB. There is no
additional information on this record or arguments
from parties following the Preliminary Results that
would lead Commerce to reevaluate this
determination.
8 See Commerce’s Letter dated March 9, 2023
(ACCESS barcode 4351661–01).
9 See Preliminary Results, 88 FR at 69125.
10 See Commerce’s Letters, ‘‘Supplemental
Questionnaire,’’ dated November 3, 2023. (There
were letters with identical titles issued separately
to Dinakar and to ITC Limited on this date.)
11 See Issues and Decision Memorandum at
Comment 2.
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
Commerce determines that the record
does not support a finding of no
shipments for Dinakar.
Following the publication of the
Preliminary Results, we received no
comments from interested parties
regarding JC Stationery and Bhaskar, nor
has any party submitted record evidence
which would call our preliminary
determinations of no shipments for
these two companies into question.
Therefore, for the final results, we
continue to find that JC Stationery and
Bhaskar had no shipments of subject
merchandise during the POR.
Accordingly, consistent with
Commerce’s practice, we intend to
instruct CBP to liquidate any existing
entries of merchandise produced by JC
Stationery and Bhaskar, but exported by
other parties, at the rate for the
intermediate reseller, if available, or at
the all-others rate.12
ddrumheller on DSK120RN23PROD with NOTICES1
Rates for Companies Not Selected for
Individual Examination
For the rate for non-selected
respondents in an administrative
review, generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this segment of the proceeding,
because the rate calculated for Navneet
is zero, we have assigned a dumping
margin to the companies not selected for
individual review based on the
weighted-average dumping margin
calculated for ITC Limited.
Analysis of Comments Received
All issues raised by parties in the case
and rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is included
in the appendix to this notice. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
12 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
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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://access.trade/gov/
public/FRNoticesListLayout.aspx.
weighted-average dumping margin is
zero or de minimis within the meaning
of 19 CFR 351.106(c)(1), or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
Changes Since the Preliminary Results
will apply to entries of subject
We made no changes to the
merchandise during the POR for which
Preliminary Results based on comments the examined companies did not know
from interested parties.
that the merchandise they sold to an
intermediary (e.g., a reseller, trading
Final Results of the Review
company, or exporter) was destined for
As a result of this administrative
the United States. In such instances, we
review, Commerce determines that the
will instruct CBP to liquidate
following estimated weighted-average
unreviewed entries at the all-others rate
dumping margins exist for the period,
if there is no rate for the intermediate
September 1, 2021, through August 31,
company(ies) involved in the
2022:
transaction.
Further, the assessment rate for
Weighted- antidumping duties for each of the
average
companies not selected for individual
Exporter/producer
dumping
examination will be equal to the
margin
(percent)
weighted-average dumping margin
identified above in the ‘‘Final Results of
ITC Limited .................................
23.16 the Review.’’ Commerce intends to issue
Navneet Education Ltd ...............
0.00
assessment instructions to CBP no
Cellpage Ventures Private Limited ..........................................
23.16 earlier than 35 days after the date of
Dinakar Process Private Limited
23.16 publication of the final results of this
Lotus Global Private Limited ......
23.16 review in the Federal Register. If a
timely summons is filed at the U.S.
Pioneer Stationery Private Limited ..........................................
23.16 Court of International Trade, the
PP Bafna Ventures Private Limassessment instructions will direct CBP
ited ..........................................
23.16 not to liquidate relevant entries until the
SGM Paper Products .................
23.16 time for parties to file a request for a
statutory injunction has expired (i.e.,
Disclosure
within 90 days of publication).
Normally, Commerce will disclose to
Cash Deposit Requirements
interested parties the calculations
The following cash deposit
performed in connection with the final
requirements for estimated antidumping
results of review withing five days of
duties will be effective for all shipments
any public announcement or, if there is
of subject merchandise entered, or
no public announcement, within five
withdrawn from warehouse, for
days of the date of publication of this
consumption on or after the publication
notice in the Federal Register, in
date of the final results of this
accordance with 19 CFR 351.224(b).
administrative review, as provided by
However, because we have made no
section 751(a)(2)(C) of the Act: (1) the
changes to the Preliminary Results,
cash deposit rates for the companies
there are no new calculations to
identified above in the ‘‘Final Results of
disclose.
the Review’’ section will be equal to the
Assessment Rates
company-specific weighted-average
Pursuant to section 751(a)(2)(C) of the dumping margin established in the final
Act and 19 CFR 351.212(b), Commerce
results of this administrative review; (2)
will determine, and CBP shall assess,
for merchandise exported by a company
antidumping duties on all appropriate
not covered in this administrative
entries of subject merchandise in
review but covered in a completed prior
accordance with the final results of this
segment of the proceeding, the cash
review. Pursuant to 19 CFR
deposit rate will continue to be the
351.212(b)(1), for ITC Limited and
company-specific rate published for the
Navneet Education Ltd., we calculated
most recently completed segment of this
importer-specific antidumping duty
proceeding; (3) if the exporter is not a
assessment rates by aggregating the total firm covered in this review or
amount of dumping calculated for the
completed prior segment of this
examined sales of each importer and
proceeding but the producer is, the cash
dividing each of these amounts by the
deposit rate will be the companytotal entered value associated with those specific rate established in the
sales. Where either the respondent’s
completed segment for the most recent
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 3.91 percent ad
valorem, the all-others rate established
in the investigation of this proceeding.13
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Comment 2: Whether Commerce Should
Continue to Find Dinakar Process Private
Limited Subject to this Review
V. Recommendation
Notification to Importers
International Trade Administration
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in the Commerce’s presumption
that reimbursement of antidumping
and/or countervailing duties has
occurred and the subsequent assessment
of double antidumping duties and/or an
increase in the amount of antidumping
duties by the amount of the
countervailing duties.
[A–570–985]
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(1).
Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
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Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Navneet’s ECommerce Sales Were Made at the Same
Level of Trade as its Home Market Sales
in Channels Two, Three, Four, and Five
13 See
Order.
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[FR Doc. 2024–07904 Filed 4–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Xanthan Gum From the People’s
Republic of China: Continuation of
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) order on xanthan gum from the
People’s Republic of China (China)
would likely lead to the continuation or
recurrence of dumping and material
injury to an industry in the United
States, Commerce is publishing a notice
of continuation of this AD order.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Luke Caruso, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2081.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 19, 2013, Commerce
published in the Federal Register the
AD order on xanthan gum from China.1
On October 2, 2023, the ITC instituted,2
and Commerce initiated,3 the sunset
review of the Order, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its
review, Commerce determined that
revocation of the Order would likely
lead to the continuation or recurrence of
dumping, and therefore, notified the ITC
of the magnitude of the margins of
dumping likely to prevail should the
Order be revoked.4
1 See Xanthan Gum from the People’s Republic
of China: Amended Final Determination of Sales at
Less than Fair Value and Antidumping Duty Order,
78 FR 43143 (July 19, 2023) (Order).
2 See Xanthan Gum From China; Institution of a
Five-Year Review, 88 FR 67809 (October 2, 2023).
3 See Initiation of Five-Year (Sunset) Reviews, 88
FR 67729 (October 2, 2023).
4 See Xanthan Gum from the People’s Republic of
China: Final Results of the Expedited Second
Sunset Review of the Antidumping Duty Order, 89
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26129
On April 5, 2024, the ITC published
its determination, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Order would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Order
The scope of this order covers dry
xanthan gum, whether or not coated or
blended with other products. Further,
xanthan gum is included in this order
regardless of physical form, including,
but not limited to, solutions, slurries,
dry powders of any particle size, or
unground fiber.
Xanthan gum that has been blended
with other product(s) is included in this
scope when the resulting mix contains
15 percent or more of xanthan gum by
dry weight. Other products with which
xanthan gum may be blended include,
but are not limited to, sugars, minerals,
and salts.
Xanthan gum is a polysaccharide
produced by aerobic fermentation of
Xanthomonas campestris. The chemical
structure of the repeating
pentasaccharide monomer unit consists
of a backbone of two P-1,4-D-Glucose
monosaccharide units, the second with
a trisaccharide side chain consisting of
P-D-Mannose-(1,4)-P-DGlucuronic acid(1,2)-a-D-Mannose monosaccharide
units. The terminal mannose may be
pyruvylated and the internal mannose
unit may be acetylated.
Merchandise covered by the scope of
this order is classified in the
Harmonized Tariff Schedule (‘‘HTS’’) of
the United States at subheadings
3913.90.20, 3913.90.2015, and
3824.99.4900. This tariff classification is
provided for convenience and customs
purposes; however, the written
description of the scope is dispositive.
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to
continuation or recurrence of dumping,
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the Order.
U.S. Customs and Border Protection will
continue to collect AD cash deposits at
the rates in effect at the time of entry for
all imports of subject merchandise.
FR 7363 (February 2, 2024), and accompanying
Issues and Decision Memorandum.
5 See Xanthan Gum from China; Determination,
89 FR 24033 (April 5, 2024) (ITC Final
Determination).
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Agencies
[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26127-26129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07904]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that ITC
Limited made sales of subject merchandise in the United States at
prices below normal value (NV), and Navneet Education Ltd. (Navneet)
did not, during the period of review (POR) September 1, 2021, through
August 31, 2022.
DATES: Applicable April 15, 2024.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or Katherine Sliney,
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) 482-2437, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 5, 2023, Commerce published the Preliminary Results for
this review in the Federal Register and invited interested parties to
comment on those results.\1\ For a summary of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
---------------------------------------------------------------------------
\1\ See Certain Lined Paper Products from India: Preliminary
Results of Antidumping Duty Administrative Review; and Preliminary
Determination of No Shipments; 2021-2022, 88 FR 69125 (October 5,
2023) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of Antidumping Duty Administrative Review: Certain Lined Paper
Products from India; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
The products covered by this Order are certain lined paper products
from India. For a complete description of the scope, see the Issues and
Decision Memorandum.
Final Determination of No Shipments
As noted in the Preliminary Results, we received no-shipment claims
from Dinakar Process Private Limited (Dinakar), JC Stationery (P) Ltd
(JC Stationery), and M/s. Bhaskar Paper Products (Bhaskar), and we
preliminarily determined that JC Stationery and Bhaskar had no
shipments during the POR.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Results, 88 FR at 69126.
---------------------------------------------------------------------------
Information on the record regarding U.S. Custom and Border
Protection (CBP) entry data showed that Dinakar had suspended entries
into the United States.\5\ Additionally, CBP reported information that
contradicted Dinakar's no-shipment claim.\6\ Prior to the Preliminary
Results, Commerce requested that Dinakar and ITC Limited \7\ correct
customs entry forms that Dinakar and ITC Limited claim were filed
incorrectly.\8\ Commerce preliminarily determined that the record did
not support a finding of no shipments for Dinakar.\9\
---------------------------------------------------------------------------
\5\ See Commerce's Letter dated April 3, 2023 (ACCESS barcode
4361597-01); see also Memorandum, ``Respondent Selection,'' dated
February 6, 2023, at Attachment.
\6\ See Memorandum, ``Release of U.S. Customs and Border
Protection Information Relating to December 22, 2022 Entry Document
Request,'' dated January 17, 2023.
\7\ Commerce noted in the Preliminary Results that we initiated
this review on ``ITC Limited-Education and Stationery Products
Business'' (ITC-ESPB), but record evidence indicates that ITC-ESPB
is not a company but is merely a department of ITC Limited.
Accordingly, ITC Limited is the entity subject to this review, not
ITC-ESPB. There is no additional information on this record or
arguments from parties following the Preliminary Results that would
lead Commerce to reevaluate this determination.
\8\ See Commerce's Letter dated March 9, 2023 (ACCESS barcode
4351661-01).
\9\ See Preliminary Results, 88 FR at 69125.
---------------------------------------------------------------------------
Following the Preliminary Results, Commerce again requested that
Dinakar and ITC Limited provide information that the entry
documentation that the parties claimed incorrectly listed Dinakar as
the exporter or manufacturer of entries into the United States during
the POR was revised.\10\ Dinakar and ITC Limited were unable to
demonstrate that the entry documents were revised to remove Dinakar as
the exporter of subject entries into the United States during the
POR.\11\ Accordingly,
[[Page 26128]]
Commerce determines that the record does not support a finding of no
shipments for Dinakar.
---------------------------------------------------------------------------
\10\ See Commerce's Letters, ``Supplemental Questionnaire,''
dated November 3, 2023. (There were letters with identical titles
issued separately to Dinakar and to ITC Limited on this date.)
\11\ See Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------
Following the publication of the Preliminary Results, we received
no comments from interested parties regarding JC Stationery and
Bhaskar, nor has any party submitted record evidence which would call
our preliminary determinations of no shipments for these two companies
into question. Therefore, for the final results, we continue to find
that JC Stationery and Bhaskar had no shipments of subject merchandise
during the POR. Accordingly, consistent with Commerce's practice, we
intend to instruct CBP to liquidate any existing entries of merchandise
produced by JC Stationery and Bhaskar, but exported by other parties,
at the rate for the intermediate reseller, if available, or at the all-
others rate.\12\
---------------------------------------------------------------------------
\12\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------
Rates for Companies Not Selected for Individual Examination
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this segment of the proceeding, because the rate calculated for
Navneet is zero, we have assigned a dumping margin to the companies not
selected for individual review based on the weighted-average dumping
margin calculated for ITC Limited.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is included in the
appendix to this notice. The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
We made no changes to the Preliminary Results based on comments
from interested parties.
Final Results of the Review
As a result of this administrative review, Commerce determines that
the following estimated weighted-average dumping margins exist for the
period, September 1, 2021, through August 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
ITC Limited................................................. 23.16
Navneet Education Ltd....................................... 0.00
Cellpage Ventures Private Limited........................... 23.16
Dinakar Process Private Limited............................. 23.16
Lotus Global Private Limited................................ 23.16
Pioneer Stationery Private Limited.......................... 23.16
PP Bafna Ventures Private Limited........................... 23.16
SGM Paper Products.......................................... 23.16
------------------------------------------------------------------------
Disclosure
Normally, Commerce will disclose to interested parties the
calculations performed in connection with the final results of review
withing five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because we have made no changes to the Preliminary Results,
there are no new calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Pursuant to 19 CFR 351.212(b)(1), for ITC
Limited and Navneet Education Ltd., we calculated importer-specific
antidumping duty assessment rates by aggregating the total amount of
dumping calculated for the examined sales of each importer and dividing
each of these amounts by the total entered value associated with those
sales. Where either the respondent's weighted-average dumping margin is
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR for which the examined companies did
not know that the merchandise they sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we 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.
Further, 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 above in the ``Final Results
of the Review.'' Commerce intends 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 for estimated antidumping
duties will be effective 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 rates
for the companies identified above in the ``Final Results of the
Review'' section will be equal to the company-specific weighted-average
dumping margin established in the final results of this administrative
review; (2) for merchandise exported by a company not covered in this
administrative review but covered in a completed 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 or
completed prior segment of this proceeding but the producer is, the
cash deposit rate will be the company-specific rate established in the
completed segment for the most recent
[[Page 26129]]
period for the producer of the merchandise; and (4) the cash deposit
rate for all other producers or exporters will continue to be 3.91
percent ad valorem, the all-others rate established in the
investigation of this proceeding.\13\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\13\ See Order.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in the Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties has occurred and the subsequent assessment of double antidumping
duties and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Navneet's E-Commerce Sales Were Made at the
Same Level of Trade as its Home Market Sales in Channels Two, Three,
Four, and Five
Comment 2: Whether Commerce Should Continue to Find Dinakar
Process Private Limited Subject to this Review
V. Recommendation
[FR Doc. 2024-07904 Filed 4-12-24; 8:45 am]
BILLING CODE 3510-DS-P