[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Pages 22845-22846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08900]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-844]
Certain Lined Paper Products From India: Final Results of
Countervailing Duty Administrative Review; 2010
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) completed the
administrative review on the countervailing duty (CVD) order on certain
lined paper products from India for the January 1, 2010, through
December 31, 2010, period of review (POR) \1\ in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). The
respondents in this administrative review are A.R. Printing & Packaging
India Private Limited (AR Printing) and its U.S. importer, Gemstone
Printing Inc. (Gemstone). Our analysis of comments received is
contained in the Decision Memorandum accompanying this Federal Register
notice.\2\ The final net subsidy rate for AR Printing is listed below
in the ``Final Results of Review'' section.
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\1\ See Certain Lined Paper Products From India: Preliminary
Results of Countervailing Duty Administrative Review; Calendar Year
2010, 77 FR 61742 (October 11, 2012) (Preliminary Results).
\2\ See Issues and Decision Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Import
Administration, concerning the Final Results of Administrative
Review of the Countervailing Duty Order on Certain Lined Paper
Products from India (Decision Memorandum).
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DATES: Effective Date: April 17, 2013.
FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, the Department published in the Federal
Register the CVD order on certain lined paper products from India.\3\
On October 11, 2012, the Department published its preliminary results
of administrative review of the CVD order on certain lined paper
products from India for the POR. On October 22, 2012, the Department
received the Government of India's supplemental questionnaire response.
On November 9, 2012, the Department postponed the deadline for case
briefs.
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\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)
(Lined Paper Order).
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On January 25, 2013, the Department extended the time limit for
completion of the final results by 60 days to April 9, 2013, in
accordance with section 751(a)(3)(A) of the Act.\4\ On February 1,
2013, the Department issued the Post-Preliminary Decision Memorandum in
this review.\5\ AR Printing submitted a case brief on February 14,
2013, and petitioner submitted a rebuttal brief on February 22, 2012.
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\4\ See Extension of Time Limit for Final Results from John
Conniff, Senior International Trade Analyst to Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, dated January 25, 2013.
\5\ See Post-Preliminary Issues and Decision Memorandum from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Import Administration, dated February 1, 2013 (Post-Preliminary
Decision Memorandum).
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No interested party requested a hearing.
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, 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.\6\
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\6\ Lined Paper Order, 71 FR at 56950-51.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Memorandum to Paul
Piquado, Assistant Secretary for Import Administration, from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, ``Countervailing Duty (CVD) Review of Certain Lined
Paper Products from India: Issues and Decision Memorandum for the Final
Results of Review'' (``Decision Memorandum''), dated concurrently and
hereby adopted by this notice. The analysis of changes to the net
subsidy rates that the Department has made since the Preliminary
Results are contained in the Department's Post-Preliminary Decision
Memorandum. A list of the issues which parties have raised, and to
which we have responded in the Decision Memorandum, is attached to this
notice as an Appendix. The 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).
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit room 7046 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the Web at http://ia.ita.doc.gov/frn. The signed Decision
Memorandum and the electronic version of the Decision Memorandum are
identical in content.
Final Results of Review
The Department determines a net subsidy rate of 100.40 percent ad
valorem for AR Printing for the period January 1, 2010, through,
December 31, 2010. We adjusted the net subsidy rate to reflect our
finding that a program-wide change exists with regard to two subsidy
programs to arrive at a cash deposit rate for AR Printing of 94.92
percent ad valorem.
Assessment Rates/Cash Deposits
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the date of
publication of these final results of review to liquidate shipments of
subject merchandise by AR Printing entered, or withdrawn form
warehouse, for consumption on or after January 1, 2010, through
December 31, 2010, at the ad valorem assessment rate listed above. We
will also instruct CBP to collect cash deposits for the respondent at
the countervailing duty cash deposit rate indicated above on all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of review.
For all non-reviewed companies, we will instruct CBP to continue to
collect cash deposits at the most recent
[[Page 22846]]
company-specific or country-wide rate applicable to the company.
Accordingly, the cash deposit rates that will be applied to companies
covered by this order, but not examined in this review, are those
established in the most recently completed administrative proceeding
for each company. The cash deposit rates for all companies not covered
by this review are not changed by the results of this review, and
remain in effect until further notice.
Return or Destruction of Proprietary Information
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return/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.
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
APPENDIX
I. Summary
II. Programs Determined To Be Countervailable
A. Programs Addressed in the Preliminary Results
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)
13. Income Tax Exemptions Under Section 10A \7\
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\7\ See Preliminary Decision Memorandum at 14-15, where the
Department determined that this program provided countervailable
benefits during the POR but was terminated after the POR, effective
April 1, 2012.
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14. Income Tax Exemptions Under Section 10B \8\
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\8\ See id., where the Department determined that this program
provided countervailable benefits during the POR but was terminated
after the POR, effective April 1, 2012.
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B. Programs Addressed in the Post-Preliminary Decision
Memorandum
1. GOI Loan Guarantee Program
2. Tax Incentives Provided by the State Governments of Gujarat
and Maharashtra
3. Electricity Duty Exemptions Under the State Government of
Maharashtra Package Program of Incentives of 1993
4. Loan Guarantees Based on Octroi Refunds by the State
Government of Maharashtra
5. Land for Less Than Adequate Remuneration (LTAR)
III. Analysis of Comments
Comment 1: Whether the Department Should Accept AR Printing's
Untimely Request To Withdraw Its Request for Administrative Review
Comment 2: Whether the Department Should Apply AFA to AR Printing
IV. Programs Determined To Be Terminated, Constituting a Program-
Wide Change
Duty Free Replenishment Certificate (DFRC) Program
Exemption of Export Credit From Interest Taxes
Income Tax Exemptions Under 80 HHC
[FR Doc. 2013-08900 Filed 4-16-13; 8:45 am]
BILLING CODE 3510-DS-P