[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40709-40710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16285]
[[Page 40709]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Initiation and
Preliminary Results of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 14, 2014.
SUMMARY: In response to a request from Kokuyo Riddhi Paper Products
Private Limited (Kokuyo Riddhi), 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), 19 CFR 351.216 and
351.22l(c)(3)(ii), the Department of Commerce (the Department) is
initiating a changed circumstances review (CCR) of the antidumping duty
(AD) order on CLPP from India with regards to Kokuyo Riddhi. Based on
the information received, we preliminarily determine that Kokuyo Riddhi
is the successor-in-interest to Riddhi Enterprises (Riddhi) for
purposes of determining AD liability. Interested parties are invited to
comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson, 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.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, the Department published in the Federal
Register the AD and countervailing duty orders on CLPP from India.\1\
On May 14, 2014, Kokuyo Riddhi requested that the Department conduct a
CCR under section 751(b)(1) of the Act and 19 CFR 351.216(b) to
determine that it is the successor-in-interest to Riddhi,\2\ and assign
it the cash deposit rate of its predecessor, Riddhi. Kokuyo Riddhi
based its request on the claim that it operates as the same business
entity as Riddhi.\3\
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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 id.
\3\ See CCR Request at 2, 7, and 11.
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We received comments opposing Kokyuo Riddhi's request from the
Petitioners.\4\
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\4\ Petitioners are the Association of American School Paper
Suppliers.
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Scope of the Order
The merchandise covered by the CLPP Order 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.\5\
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\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 Ronald K.
Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Decision Memorandum for Initiation and Preliminary
Results of Changed Circumstances Review: Certain Lined Paper
Products from India'' (Initiation and Preliminary Decision
Memorandum), dated concurrently with and hereby adopted by this
notice.
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Initiation and Issuance of Preliminary Results of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the
Department will conduct a CCR upon receipt of a request from an
interested party or receipt of information concerning an AD order which
shows changed circumstances sufficient to warrant a review of the
order.
As noted above in the ``Background'' section, we received
information indicating that Riddhi transferred its notebook business to
Kokuyo Riddhi, a company incorporated on October 25, 2013. Kokuyo
Riddhi, assumed all operations for the production and sale of the
subject merchandise. The Department determines that the information
submitted by Kokuyo Riddhi constitutes sufficient evidence to warrant a
CCR of this order.\6\ Therefore, in accordance with section 751(b)(1)
of the Act and 19 CFR 351.216(d), we are initiating a CCR based upon
the information contained in Kokuyo Riddhi's submission.\7\
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\6\ See 19 CFR 351.216(d).
\7\ See, generally, CCR Request.
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19 CFR 351.221(c)(3)(ii) permits the Department to combine the
notice of initiation of a CCR and the notice of preliminary results if
the Department concludes that expedited action is warranted. In this
instance, because we have the information necessary on the record to
make a preliminary finding, we find that expedited action is warranted,
and are combining the notice of initiation and the notice of
preliminary results in accordance with 19 CFR 351.221(c)(3)(ii).\8\
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\8\ See, e.g., Polyethylene Terephthalate Film, Sheet, and Strip
From the Republic of Korea: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 76 FR 27005 (May 10,
2011) (PET Film from Korea); Ball Bearings and Parts Thereof from
Japan: Initiation and Preliminary Results of Changed-Circumstances
Review, 71 FR 14679 (March 23, 2006); Fresh and Chilled Atlantic
Salmon from Norway; Initiation and Preliminary Results of Changed
Circumstances Antidumping Duty Administrative Review, 63 FR 50880
(September 23, 1998).
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Methodology
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.\9\ 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 essentially similar to that of
its predecessor.\10\ Thus, if the evidence demonstrates that, with
respect to the production and sale of the subject
[[Page 40710]]
merchandise, the new company operates as the same business entity as
the former predecessor company, the Department will afford the new
company the same AD treatment as its predecessor, i.e., will assign the
new company the same cash deposit rate of its predecessor.\11\
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\9\ 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); 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); and Structural Steel Beams from Korea: Preliminary
Results of Changed Circumstances Antidumping Duty Administrative
Review, 66 FR 15834 (March 21, 2001).
\10\ See e.g., PET Film from Korea, 76 FR at 27006; Industrial
Phosphoric Acid from Israel: Final Results of Antidumping Duty
Changed Circumstances Review, 59 FR 6944, 6945 (February 14, 1994);
Brass Sheet and Strip from Canada: Final Results of Antidumping Duty
Administrative Review, 57 FR 20460 (May 13, 1992) at Comments 1 and
2.
\11\ See Fresh and Chilled Atlantic Salmon From Norway; Final
Results of Changed Circumstances Antidumping Duty Administrative
Review, 64 FR 9979, 9980 (March 1, 1999).
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For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.\12\
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\12\ See Initiation and Preliminary Decision Memorandum.
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The Preliminary Decision Memorandum 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 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://enforcement.trade.gov/frn/index.html. The signed 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
Kokuyo Riddhi is the successor-in-interest to Riddhi. Specifically, we
find that the change of the notebook business as a result of the
transfer from Riddhi to Kokuyo Riddhi resulted in no significant
changes to management, production facilities, supplier relationships,
and customers with respect to the production and sale of the subject
merchandise. Thus, Kokuyo Riddhi operates essentially as the same
business entity as Riddhi with respect to the subject merchandise.
If the Department upholds these preliminary results in the final
results, Kokuyo Riddhi will retain the AD deposit rate currently
assigned to Riddhi with respect to the subject merchandise (i.e., zero
percent cash deposit rate). If these preliminary results are adopted in
the final results of this CCR, we will instruct Customs and Border
Protection (CBP) to suspend liquidation of entries of CLPP made by
Kokuyo Riddhi, effective on the publication date of the final results,
at the cash deposit rate that is currently assigned to Riddhi (i.e.,
zero percent ad valorem).\13\
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\13\ See Certain Lined Paper Products from India: Final Results
of Antidumping Duty Administrative Review; 2010-2011, 78 FR 22232
(April 15, 2013).
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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.\14\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the deadline for
filing case briefs.\15\ 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 IA ACCESS, and must
also be served on interested parties.\16\ 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.\17\
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\14\ See 19 CFR 351.309(c)(2).
\15\ See 19 CFR 351.309(d).
\16\ See 19 CFR 351.303(b) and (f).
\17\ 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, filed electronically via IA
ACCESS, within 30 days after the date of publication of this
notice.\18\ 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.\19\
Parties should confirm by telephone the date, time, and location of the
hearing.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310.
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Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR 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 and
351.221(c)(3)(ii).
Dated: July 3, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-16285 Filed 7-11-14; 8:45 am]
BILLING CODE 3510-DS-P