[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63162-63164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24834]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Notice of Partial
Rescission and Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: In response to requests from Petitioners \1\ and two Indian
companies, Navneet Publications (India) Ltd. (Navneet) and AR Printing
& Packaging (India) Pvt. Ltd. (AR Printing), the Department of Commerce
(the Department) is conducting an administrative review of the
antidumping duty order on certain lined paper products (CLPP) from
India.\2\ The period of review (POR) is September 1, 2011, through
August 31, 2012. The Department initiated a review of 82 Indian
producers/exporters of subject merchandise,\3\ but Petitioners timely
withdrew their review request in its entirety.\4\ We are rescinding
this review in its entirety with the exception of the two self-
requesting companies, Navneet and AR Printing. We preliminarily find
that Navneet (the sole mandatory respondent) sold subject merchandise
at less than normal value during the POR. We have preliminarily
assigned AR Printing (the sole non-selected company) the non-selected
rate based on the margin calculated for Navneet in this review.
---------------------------------------------------------------------------
\1\ The Petitioners are the Association of American School Paper
Suppliers (AASPS) and its individual members.
\2\ 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)
(CLPP Order).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
65858 (October 31, 2012) (Initiation Notice).
\4\ See Petitioners' withdrawal letter dated January 28, 2013.
Petitioners' request for review covered 82 Indian producers/
exporters of subject merchandise, including Navneet and AR Printing.
See Petitioners' review request letter dated September 28, 2012.
---------------------------------------------------------------------------
DATES: Effective October 23, 2013.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or George McMahon, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-3797
or (202) 482-1167, respectively.
Scope of the Order
The merchandise covered by the CLPP 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,
[[Page 63163]]
4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and
4820.10.4000. Although the HTSUS numbers are provided for convenience
and customs purposes, the written product description remains
dispositive.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the Scope of the Order, see
the memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, ``Decision Memorandum
for Partial Rescission and Preliminary Results of Antidumping Duty
Administrative Review: Certain Lined Paper Products from India''
(Preliminary Decision Memorandum), dated concurrently with these
results and hereby adopted by this notice.
---------------------------------------------------------------------------
Partial Rescission of the 2011-2012 Administrative Review
On January 28, 2013, Petitioners timely withdrew their request for
the 2011-2012 administrative review in its entirety, which affects 80
Indian producers/exporters of the subject merchandise covered in the
Initiation Notice.\6\ In accordance with 19 CFR 351.213(d)(1),\7\ and
consistent with our practice,\8\ we are rescinding this review in its
entirety with the exception of Navneet and AR Printing.
---------------------------------------------------------------------------
\6\ See footnote 4 on page 1.
\7\ In accordance with 19 CFR 351.213(d)(1), the Department will
rescind an administrative review ``if a party that requested the
review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review.'' The
instant review was initiated on October 31, 2012. Therefore, the
deadline to withdraw review requests was January 29, 2013. Thus,
Petitioners' withdrawal request is timely.
\8\ See, e.g., Brass Sheet and Strip from Germany: Notice of
Rescission of Antidumping Duty Administrative Review, 73 FR 49170
(August 20, 2008); see also, Certain Lined Paper Products from
India: Notice of Partial Rescission of Antidumping Duty
Administrative Review and Extension of Time Limit for the
Preliminary Results of Antidumping Duty Administrative Review, 74 FR
21781 (May 11, 2009).
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export
prices (EP) have been calculated in accordance with section 772 of the
Act. Normal value (NV) is calculated in accordance with section 773 of
the Act. For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.\9\
---------------------------------------------------------------------------
\9\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
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 the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the period
September 1, 2011, through August 31, 2012:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter \10\ dumping
margin
(percent)
------------------------------------------------------------------------
Navneet Publications (India) Ltd........................... 6.62
AR Printing & Packaging (India) Pvt. Ltd................... 6.62
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to interested parties to this
proceeding the calculations performed in connection with these
preliminary results within five days after the date of publication of
this notice.\11\ Pursuant to 19 CFR 351.309(c), interested parties may
submit cases briefs not later than the later of 30 days after the date
of publication of this notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the date for filing case briefs.\12\ Parties who submit case briefs or
rebuttal briefs in this proceeding 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.\13\ All case and rebuttal
briefs must be filed electronically using IA ACCESS, and must also be
served on interested parties.\14\ An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, IA ACCESS. Executive summaries should be limited to
five pages total, including footnotes.
---------------------------------------------------------------------------
\10\ The margin for AR Printing & Packaging (India) Pvt. Ltd.
(the sole non-selected company in this review), was based on the
calculated weighted-average margin of Navneet (the sole mandatory
respondent in this review).
\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
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, using
Import Administration's IA ACCESS system.\15\ An electronically filed
document must be received successfully in its entirety by the
Department's IA ACCESS by 5:00 p.m. Eastern Time within 30 days after
the date of publication of this notice.\16\ Requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. Oral
presentations will be limited to issues raised in the briefs. 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., Washington, DC
20230, at a time and location to be determined.\17\ Parties should
confirm by telephone the date, time, and location of the hearing.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(c).
\16\ Id.
\17\ 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 of publication of these preliminary results, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rate
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. For any
individually examined respondents whose weighted-average dumping margin
is above de minimis, we will calculate importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1).\18\ We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific assessment
rate calculated in the final results of this review is above de minimis
(i.e., 0.50 percent). Where either the respondent's weighted-average
dumping margin is zero or de
[[Page 63164]]
minimis, 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. The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review where
applicable.
---------------------------------------------------------------------------
\18\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by each respondent for which they
did not know that their merchandise 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. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Navneet and AR
Printing will be the rate established in the final results of this
administrative review; (2) for merchandise exported by manufacturers or
exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recent period; (3)
if the exporter is not a firm covered in this review, a prior review,
or the original investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 3.91
percent, the all-others rate established in the investigation.\19\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
---------------------------------------------------------------------------
\19\ See the CLPP Order.
---------------------------------------------------------------------------
Notification to Importers
This notice also 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 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
Department's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent increase in
antidumping duties by the amount of antidumping and/or countervailing
duties reimbursed.
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
351.213(h) and 19 CFR 351.214(b)(4).
Dated: September 20, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Period of Review
3. Scope of the Order
4. Partial Rescission of the 2011-2012 Administrative Review
5. Discussion of Methodology
6. Rate for Non-selected Company
[FR Doc. 2013-24834 Filed 10-22-13; 8:45 am]
BILLING CODE 3510-DS-P