[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61742-61744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24815]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-844]
Certain Lined Paper Products From India: Preliminary Results of
Countervailing Duty Administrative Review; Calendar Year 2010
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty order on certain lined
paper products from India. The period of review (POR) is January 1,
2010, through December 31, 2010, and the review covers one producer/
exporter of the subject merchandise, AR. Printing & Packaging India
Pvt. Ltd. (AR Printing). We have preliminarily determined that AR
Printing received countervailable subsidies during the POR.
DATES: Effective Date: October 11, 2012.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202) 482-1009.
Scope of the Order
The merchandise subject to the order is certain lined paper
products. The products are currently classifiable under the Harmonized
Tariff Schedule of the United States (HTSUS) item numbers:
4811.90.9035, 4811.90.9080, 4820.30.0040, 4810.22.5044, 4811.90.9050,
4811.90.9090, 4820.10.2010, 4820.10.2020,
[[Page 61743]]
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, available in the
Lined Paper Order, remains dispositive.\1\
---------------------------------------------------------------------------
\1\ 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)
(Lined Paper Order).
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific. See sections 771(5)(B) and (D) of the
Act regarding financial contribution; section 771(5)(E) of the Act
regarding benefit; and, section 771(5A) of the Act regarding
specificity. In making these findings, we have relied, in part, on
facts available and because one or more respondents did not act to the
best of their ability to respond to the Department's requests for
information, we have drawn an adverse inference in selecting from among
the facts otherwise available. See sections 776(a) and (b) of the Act.
Finally, the Department was not able to make a preliminary
determination of countervailability for certain programs because it
requires additional information. We intend to seek that information
prior to our final results.
For a full description of the methodology underlying our
conclusions, please see ``Decision Memorandum for Preliminary Results
for the Countervailing Duty Administrative Review of Certain Lined
Paper Products from India,'' (Preliminary Decision Memorandum) from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado, Assistant Secretary for
Import Administration, dated concurrently with these results and hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
http://iaaccess.trade.gov and in the Central Records Unit (CRU), room
7046 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly on the Internet at http://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
The Department has determined that the following preliminary net
subsidy rates exist for the period January 1, 2010, through, December
31, 2010:
Assessment Rate
------------------------------------------------------------------------
Company Net subsidy rate
------------------------------------------------------------------------
AR. Printing & Packaging India Pvt. 73.51 percent ad valorem.
Ltd. (AR Printing).
------------------------------------------------------------------------
Cash Deposit Rate
------------------------------------------------------------------------
Company Net subsidy rate
------------------------------------------------------------------------
AR. Printing & Packaging India Pvt. 68.03 percent ad valorem.
Ltd. (AR Printing).
------------------------------------------------------------------------
Assessment and Cash Deposit Requirements
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the date of
publication of the final results of this review. We will instruct CBP
to collect cash deposits for the respondent at the countervailing duty
rate indicated above of the f.o.b. invoice price on all shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. We will also instruct CBP to continue to collect cash
deposits for non-reviewed companies at the most recent company-specific
or country-wide rate applicable to the company. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\2\
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing case
briefs.\3\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------
Interested parties, who wish to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Import Administration, U.S. Department of
Commerce, filed electronically using Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after
the date of publication of this notice.\4\ Requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, we will inform parties of the scheduled date for
the hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
[[Page 61744]]
Washington, DC 20230, at a time and location to be determined.\5\
Parties should confirm by telephone the date, time, and location of the
hearing.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in their comments, within
120 days after issuance of these preliminary results.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Application of Adverse Facts Available (AFA)--AR Printing
Analysis of Programs
A. Programs Preliminarily Determined to be Countervailable
1. Pre- and Post-Shipment Export Financing
2. Export Promotion of Capital Goods Scheme (EPCGS)
3. Export Oriented Units (EOU) Reimbursement of Central Sales
Tax (CST) Paid on Materials Procured Domestically
4. Export Oriented Units Duty-Free Import of Capital Goods and
Raw Materials
5. Market Development Assistance (MDA)
6. Market Access Initiative (MAI)
7. Status Certificate Program
8. Income Deduction Program (80IB Tax Program)
9. Duty Entitlement Passbook Scheme (DEPS)
10. Advance Authorization Program (AAP)
11. Export Processing Zones (Renamed Special Economic Zones)
12. Target Plus Scheme (TPS)
B. Programs Preliminarily Determined to Constitute a Program-Wide
Change
1. Income Tax Exemptions Under Section 10A
2. Income Tax Exemptions Under Section 10B
C. Programs Preliminarily Determined to be Terminated
1. Duty Free Replenishment Certificate (DFRC) Program
D. Programs Previously Determined to be Terminated
1. Exemption of Export Credit from Interest Taxes
2. Income Tax Exemptions Under 80 HHC
E. Programs for Which the Department Requires Additional Information
[FR Doc. 2012-24815 Filed 10-10-12; 8:45 am]
BILLING CODE 3510-DS-P