Federal Register, Volume 79 Issue 194 (Tuesday, October 7, 2014)

[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60447-60448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23968]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]

Certain Lined Paper Products From India: Preliminary Results of
Countervailing Duty Administrative Review; Calendar Year 2012

AGENCY: Import Administration, International Trade Administration,
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty order on certain lined
paper products from India. The period of review (POR) is January 1,
2012, through December 31, 2012, and the review covers one producer/
exporter of the subject merchandise, A.R. Printing & Packaging India
Pvt. Ltd. (AR Printing).\1\ We preliminarily determine that AR Printing
received countervailable subsidies during the POR.
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\1\ The Department rescinded its review of Navneet Education
Ltd. on January 31, 2014. See Certain Lined Paper Products from
India: Notice of Partial Rescission of Countervailing Duty
Administrative Review: 2012, 79 FR 5377 (January 31, 2014).

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DATES: Effective Date: October 7, 2014.

FOR FURTHER INFORMATION CONTACT: John Conniff, 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-
1009.

SUPPLEMENTARY INFORMATION:

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.\2\
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\2\ See Decision Memorandum for Preliminary Results for the
Countervailing Duty Administrative Review of 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, dated
concurrently with these results (Preliminary Decision Memorandum);
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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Methodology

The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
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. In making these findings, we relied, in part, on facts
available because AR Printing failed to respond to the Department's
requests for necessary information and therefore necessary information
was not on the record, and

[[Page 60448]]

AR Printing withheld requested information, failed to provide requested
information by the established deadlines, and significantly impeded
this proceeding. See sections 776(a)(1) and (2)(A)-(C) of the Act.
Furthermore, because we determine that AR Printing failed to cooperate
by not acting to the best of its ability to comply with the
Department's requests for information, we drew an adverse inference in
selecting from among the facts otherwise available. See section 776(b)
of the Act. Finally, the Department intends to seek additional
information from the Government of India concerning certain of its
claims that AR Printing did not use certain programs and may verify
information received.
For a full description of the methodology underlying our
conclusions, see ``Decision Memorandum for Preliminary Results for the
Countervailing Duty Administrative Review of Certain Lined Paper
Products from India,'' (Preliminary Decision Memorandum) from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations to Paul Piquado, Assistant Secretary for Enforcement
and Compliance, dated concurrently with these results and hereby
adopted by this notice. The Preliminary 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 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 Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.

Preliminary Results of Review

The Department preliminarily determines that the following net
subsidy rate exists for the period January 1, 2012, though, December
31, 2012:

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Company Net subsidy rate
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A.R. Printing & Packaging India Pvt. Ltd. 71.71 percent ad valorem.
(AR Printing).
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Assessment and Cash Deposit Requirements

The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the date of
publication of the final results of this review. We will instruct CBP
to collect cash deposits for the respondent at the countervailing duty
rate indicated above of the f.o.b. invoice price on all shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. We will also instruct CBP to continue to collect cash
deposits for non-reviewed companies at the most recent company-specific
or country-wide rate applicable to the company. These deposit
requirements, when imposed, shall remain in effect until further
notice.

Disclosure and Public Comment

The Department intends to disclose to parties to this proceeding
the calculations performed in reaching the preliminary results within
five days of the date of publication of these preliminary results. The
Department will notify interested parties of the schedule for
submitting written comments (case briefs) and rebuttal comments
(rebuttal briefs).\3\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs
must be limited to issues raised in the case briefs. Parties who submit
arguments 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.\4\
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\3\ See 19 CFR 351.309(c)(ii) and (d)(1).
\4\ See 19 CFR 351.309(c)(2) and (d)(2).
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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,
filed electronically using IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time
within 30 days after the date of publication of this notice.\4\
Requests should contain the party's name, address, and telephone
number, the number of participants, and a list of the issues to be
discussed. 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.\5\
Parties should confirm by telephone the date, time, and location of the
hearing.
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\3\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department intends to 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 after
publication of these preliminary results.
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
351.221(b)(4).

Dated: September 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Application of Adverse Facts Available (AFA)--AR Printing

Analysis of Programs

Summary
Background
Scope of the Order
Application of AFA--AR Printing
Analysis of Programs
Programs Preliminarily Determined To Be Countervailable
1. Advance Authorization Program (AAP)
2. Export Promotion of Capital Goods Scheme (EPCGS)
3. Pre and Post-Shipment Loans
4. Export Oriented Units (EOUs)
5. Market Development Assistance (MDA)
6. Status Certificate Program
7. Market Access Initiative (MAI)
8. State Government of Maharashtra (SGOM) Programs
A. Sales Tax Incentives Provided by SGOM
B. Electricity Duties Exemptions Under the SGOM Package Program
of Incentives of 1993
C. Loan Guarantees Based on Octroi Refunds by the SGOM
D. Land for Less than Adequate Remuneration (LTAR)
Programs Preliminarily Determined To Be Terminated
1. Duty Entitlement Passbook Scheme
2. Export Processing Zones (Renamed Special Economic Zones)
3. State Government of Gujarat (SGOG) Tax Incentives
Programs Preliminarily Determined To Be Not Used During the POR
1. The GOI's Loan Guarantee Program
2. Income Deduction (801B Tax Program)
Recommendation

[FR Doc. 2014-23968 Filed 10-6-14; 8:45 am]
BILLING CODE 3510-DS-P