[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 21897-21899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08801]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Preliminary Results of
Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 18, 2014.
SUMMARY: In response to a request from Navneet Education Limited
(Navneet Education), a producer/exporter of certain lined paper
products (CLPP) from India, and pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and
351.22l(c)(3)(ii), the Department is issuing this notice of preliminary
results. We preliminarily determine that Navneet Education is the
successor-in-interest to Navneet Publications (India) Ltd. (Navneet
Publications). We invite interested parties to comment on these
preliminary results.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Eric B. Greynolds,
AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-3797 and (202) 482-6071, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, the Department published the antidumping
duty (AD) and countervailing duty (CVD) orders on CLPP from India.\1\
On October 17, 2013, Navneet Education informed the Department that
effective September 30, 2013, the former company, Navneet Publications,
changed its name to Navneet Education in accordance with company's
existing board of directors' resolution and Indian law.\2\ Navneet
Education stated that the name change process began in August 2013 and
was finalized by the end of September 2013.\3\ Navneet Education
submitted a copy of ``Fresh Certificate of Incorporation Consequent
upon Change of Name'' approved by ``Government of India--Ministry of
Corporate Affairs, Registrar of Companies, Maharashtra, Mumbai,'' dated
October 17, 2013.\4\
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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)
(CLPP Order).
\2\ See Certain Lined Paper Products from India: Request for
Changed Circumstances Reviews of Navneet Publications (India) Ltd.
(October 17, 2013) (CCR Request) at 2, 8 (indicating that Navneet
Publications participated as a respondent in the original AD
investigation, and it has been a respondent in several AD
administrative reviews, most often as a named mandatory respondent
(e.g., in the second through fourth reviews it received the
following company-specific margins of 1.34 percent, 0.43 percent,
and 2.7 percent, respectively. In the fifth review, Navneet
Publications received a non-selected rate of 11.01 percent. In the
on-going sixth review, it is again selected as a mandatory
respondent).
\3\ Id., at Attachment 1.
\4\ Id.
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As the company is now known as Navneet Education, it requests that:
(1) The Department conduct a changed circumstances review under section
751(b)(1) of the Act and 19 CFR 351.216 to determine that it is the
successor-in-interest to Navneet Publications for purposes of the
antidumping order; and (2) that the Department issue instructions to
Customs and Border Protection (CBP) that reflect this conclusion.\5\
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\5\ Id., at 1-2.
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On January 14, 2014, the Department initiated a changed
circumstances review explaining that while there was sufficient
evidence to initiate a successor-in-interest review, it was necessary
for the Department to issue a questionnaire requesting additional
information for review as provided by 19 CFR 351.221(b)(2).\6\ On
January 15, 2014, the Department issued a supplemental questionnaire to
Navneet Education, to which Navneet responded on January 29, 2014.\7\
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\6\ See Certain Lined Paper Products from India: Initiation of
Changed Circumstances Review, 79 FR 3567, 3568 (January 22, 2014).
\7\ See Navneet Education's January 29, 2014, Supplemental
Questionnaire Response.
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We received no comments from any other interested party concerning
the changed circumstances review request filed by Navneet Education.
Scope of the Order
The merchandise covered by the CLPP Order \8\ is certain lined
paper products, typically school supplies (for purposes of this scope
definition, the actual use of or labeling these products as school
supplies or non-school supplies is not a defining characteristic)
composed of or including paper that incorporates straight horizontal
and/or vertical lines on ten or more paper sheets (there shall be no
minimum page requirement for looseleaf filler paper). The products are
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 numbers are provided for
convenience and customs purposes, the written product description
remains dispositive.\9\
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\8\ See CLPP Order.
\9\ 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 Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of Changed Circumstances Review:
Certain Lined Paper Products from India'' (Preliminary Decision
Memorandum), dated concurrently with these results and hereby
adopted by this notice. See, also, CLPP Order.
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Methodology
In accordance with section 751(b)(1) of the Act, we are conducting
a changed circumstances review based upon the information contained in
Navneet Education's submissions.\10\
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\10\ See CCR Request and Navneet Education Supp QNR Response.
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[[Page 21898]]
In making a successor-in-interest determination, the Department
examines several factors, including but not limited to, changes in: (1)
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\11\ While no single factor or combination of these
factors will necessarily provide a dispositive indication of a
successor-in-interest relationship, the Department will generally
consider the new company to be the successor to the previous company if
the new company's resulting operation is not materially dissimilar to
that of its predecessor.\12\ Thus, if the evidence demonstrates that,
with respect to the production and sale of the subject merchandise, the
new company operates as the same business entity as the former company,
the Department will accord the new company the same antidumping
treatment as its predecessor.
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\11\ See, e.g., Pressure Sensitive Plastic Tape from Italy:
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape From Italy: Final Results of Antidumping Duty
Changed Circumstances Review, 75 FR 27706 (May 18, 2010).
\12\ See e.g., Brake Rotors From the People's Republic of China:
Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 69941 (November 18, 2005), citing Brass
Sheet and Strip from Canada: Final Results of Antidumping Duty
Administrative Review, 57 FR 20460 (May 13, 1992).
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For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.\13\
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\13\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement & Compliance, ``Decision Memorandum for Preliminary
Results of Changed Circumstances Review: Certain Lined Paper
Products from India,'' (Preliminary Decision Memorandum) dated
concurrently with this Federal Register notice.
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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 Changed Circumstances Review
Based on the evidence reviewed, we preliminarily determine that
Navneet Education is the successor-in-interest to Navneet Publications.
Specifically, we find that the change of the company name from Navneet
Publications to Navneet Education resulted in no significant changes to
management, production facilities, supplier relationships, customer
relationships, or ownership/legal structure with respect to the
production and sale of the subject merchandise. Thus, we preliminarily
determine that Navneet Education operates as the same business entity
as Navneet Publications with respect to the subject merchandise.
If the Department upholds these preliminary results in the final
results, Navneet Education will retain the AD deposit rate currently
assigned to Navneet Publications with respect to the subject
merchandise (i.e., the 11.01 percent cash deposit rate currently
assigned to Navneet Publications). However, because cash deposits are
only estimates of the amount of antidumping duties to be assessed,
changes in cash deposit rates are not made retroactively.\14\
Therefore, no retroactive change will be made to Navneet Education's
cash deposit rate, as Navneet Education requested.\15\ If these
preliminary results are adopted in the final results of this changed
circumstances review, we will instruct CBP to suspend liquidation of
entries of CLPP made by Navneet Education, effective on the publication
date of the final results, at the cash deposit rate assigned to Navneet
Publications.
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\14\ See Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012); see
also Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From
the United Kingdom: Final Results of Changed-Circumstances
Antidumping and Countervailing Duty Administrative Reviews, 64 FR
66880 (November 30, 1999).
\15\ Navneet argued that the determination as successor-in-
interest should be made effective as of the date of the name change,
i.e., September 30, 2013. See CCR Request at 8.
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Public Comment
Interested parties may submit case briefs and/or written comments
not later than 30 days after the date of publication of this
notice.\16\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\17\ Parties who submit
case or rebuttal briefs 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. All comments are to be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS) available to
registered users at http://iaaccess.trade.gov and in the Central
Records Unit, Room 7046 of the main Department of Commerce building,
and must also be served on interested parties.\18\ An electronically
filed document must be received successfully in its entirety by IA
ACCESS by 5:00 p.m. Eastern Standard Time on the day it is due.\19\
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\16\ See 19 CFR 351.309(c)(2).
\17\ See 19 CFR 351.309(d).
\18\ See 19 CFR 351.303(b) and (f).
\19\ See 19 CFR 351.303(b).
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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 Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's IA ACCESS system within 30 days
after the date of publication of this notice.\20\ 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.\21\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\20\ See 19 CFR 351.310(c).
\21\ See 19 CFR 351.310.
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Consistent with 19 CFR 351.216(e), we will issue the final results
of this changed circumstances review no later than 270 days after the
date on which this review was initiated, or within 45 days if all
parties agree to our preliminary finding.
We are issuing and publishing this finding and notice in accordance
with sections 751(b)(l) and 777(i)(l) of the Act and 19 CFR 351.216.
Dated: April 11, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results
V. Discussion of Methodology
[[Page 21899]]
VI. Recommendation
[FR Doc. 2014-08801 Filed 4-17-14; 8:45 am]
BILLING CODE 3510-DS-P