[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Pages 26935-26936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10861]
[[Page 26935]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-844]
Certain Lined Paper Products From India: Final Results of
Countervailing Duty Administrative Review; 2011
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) completed the
administrative review of the countervailing duty (CVD) order on certain
lined paper products from India for the January 1, 2011, through
December 31, 2011, period of review (POR) \1\ in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). The
respondent in this administrative review is A.R. Printing & Packaging
India Private Limited (AR Printing).\2\ Our analysis of comments
received is contained in the Decision Memorandum accompanying this
Federal Register notice.\3\ The final net subsidy rate for AR Printing
is listed below in the ``Final Results of Review'' section.
---------------------------------------------------------------------------
\1\ The Department published its preliminary results for this
administrative review in Certain Lined Paper Products From India:
Preliminary Results of Countervailing Duty Administrative Review;
Calendar Year 2011, 78 FR 62584 (October 22, 2013) (Preliminary
Results), and accompanying Issues and Decision Memorandum, dated
September 30, 2013 (Preliminary Decision Memorandum).
\2\ Also known as A.R. Printing & Packaging (India) Pvt. Ltd.
\3\ See ``Decision Memorandum for the Final Results of
Countervailing Duty Review: Certain Lined Paper Products From
India'' from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance (Decision
Memorandum), dated concurrently and hereby adopted by this notice.
---------------------------------------------------------------------------
DATES: Effective Date: May 12, 2014.
FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009, 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.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, the Department published in the Federal
Register the CVD order on certain lined paper products from India.\4\
On October 22, 2013, the Department published its preliminary results
of administrative review of the CVD order on certain lined paper
products from India for the POR.\5\
---------------------------------------------------------------------------
\4\ 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).
\5\ Preliminary Results.
---------------------------------------------------------------------------
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013. Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days.\6\
---------------------------------------------------------------------------
\6\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013) (Tolling
Memo).
---------------------------------------------------------------------------
AR Printing and the Petitioners \7\ submitted case briefs on
December 9, 2013, and both submitted rebuttal briefs on December 16,
2013. No interested party requested a hearing.
---------------------------------------------------------------------------
\7\ Petitioners are the Association of American School Paper
Suppliers (Petitioners).
---------------------------------------------------------------------------
On February 20, 2014, the Department issued a memorandum extending
the time period for issuing the final results of this administrative
review from March 7, 2014, to May 6, 2014.\8\
---------------------------------------------------------------------------
\8\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, titled ``Certain
Lined Paper Products From India: Extension of Time Limit for Final
Results of Countervailing Duty Administrative Review,'' dated
February 20, 1014.
---------------------------------------------------------------------------
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 remains dispositive.\9\
---------------------------------------------------------------------------
\9\ For a complete description of the Scope of the Order, see
Decision Memorandum. See also Lined Paper Order, 71 FR at 56950-51.
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we 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. For a complete description of the methodology,
see the Preliminary Decision Memorandum.
Analysis of Comments Received
All issues raised in parties' case and rebuttal briefs are
addressed in the Decision Memorandum. A list of the issues which
parties raised, and to which we responded in the Decision Memorandum,
is attached to this notice as Appendix I. The Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (IA ACCESS). 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 Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/frn/index.html. The signed
Decision Memorandum and the electronic versions of the Decision
Memorandum are identical in content.
Final Results of Review
As a result of this review, the Department determines a net subsidy
rate of 2.94 percent ad valorem for AR Printing for the period January
1, 2011, through, December 31, 2011.
Assessment Rates/Cash Deposits
In accordance with 19 CFR 351.212(b)(2), 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, 2011, through December 31, 2011, 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 company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit
rates that will be
[[Page 26936]]
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: May 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
I. Summary
II. Period of Review
III. Scope of the Order
IV. Attribution of Subsidies
V. Allocation Period
VI. Subsidies Valuation Information--Benchmarks and Discount Rate
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether the Department Should Countervail Long-Term
Policy Loans Provided by the State Bank of India
Comment 2: Whether the Department Should Revise AR Printing's Sales
Denominator
Comment 3: Whether AR Printing Was Uncreditworthy in 2010
Comment 4: Whether Certain Benefits Under the Duty-Free Import of
Capital Goods and Raw Materials for Export Oriented Units (EOUs)
Program Were Tied to Non-Subject Merchandise
IX. Recommendation
[FR Doc. 2014-10861 Filed 5-9-14; 8:45 am]
BILLING CODE 3510-DS-P