[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46764-46766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21588]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination of
No Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on certain lined paper products
(CLPP) from India, covering the period September 1, 2015, through
August 31, 2016. This review covers two mandatory respondents, Navneet
Education Ltd. (Navneet) and SAB International (SAB) and five non-
selected companies. We preliminarily find that Navneet and SAB did not
sell subject merchandise at less than normal value (NV) during the
period of review (POR). Interested parties are invited to comment on
these preliminary results.
DATES: Applicable October 6, 2017.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Sam Brummitt, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone (202) 482-3797 or (202) 482-7851,
respectively.
Background
On November 9, 2016, the Department published a notice of
initiation of an administrative review of the antidumping order on
lined paper from India.\1\ The Department initiated this administrative
review covering the following nine companies: Kokuyo Riddhi Paper
Products Pvt. Ltd. (Kokuyo Riddhi), Lodha Offset Limited (Lodha), Magic
International Pvt. Ltd. (Magic), Marisa International (Marisa),
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Navneet, Pioneer Stationery Pvt Ltd. (Pioneer), SAB, SGM Paper
Products, and Super Impex.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 78778 (November 9, 2016) (Initiation
Notice).
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On May 15, 2017, the Department extended the deadline for the
preliminary results to October 2, 2017.\2\ From July 19, 2017, through
July 28, 2017, the Department conducted cost and sales verifications of
SAB.\3\
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\2\ See Memorandum, ``Certain Lined Paper Products from India:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review; 2015-2016,'' dated May 15, 2017.
\3\ See Memorandum, ``2015-2016 Antidumping Duty Administrative
Review of Certain Lined Paper Products from India: Verification of
Sales Questionnaire Responses of SAB International'' dated September
29, 2017 (SAB Sales Verification Report); see also Memorandum,
``2015-2016 Antidumping Administrative Review of Certain Lined Paper
Products from India: Verification of Cost Questionnaire Responses of
SAB International'' dated September 29, 2017 (SAB Cost Verification
Report).
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Scope of the Order
The merchandise covered by the CLPP Order \4\ 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,
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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\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)
(CLPP Order).
\5\ For a complete description of the Scope of the Order, see
Memorandum titled, ``Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review: Certain Lined Paper
Products from India; 2015-2016,'' dated concurrently with and hereby
adopted by this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments
Lodha and Marisa reported that they made no shipments of subject
merchandise to the United States during the POR. To confirm Lodha's and
Marisa's no shipment claims, the Department issued a no-shipment
inquiry to U.S. Customs and Border Protection (CBP) requesting that it
review Lodha's and Marisa's no-shipment claims.\6\ CBP did not report
that it had any information to contradict Lodha's and Marisa's claims
of no shipments during the POR.
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\6\ See No Shipments Inquiry for certain lined paper products
from India Produced and/or Exported by Lodha Offset and Marisa
International (A-533-843), message number 6365302 (December 30,
2016).
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Given that Lodha and Marisa certified that they made no shipments
of subject merchandise to the United States during the POR, and there
is no information calling their claims into question, we preliminarily
determine that Lodha and Marisa did not have any reviewable
transactions during the POR. Consistent with the Department's practice,
we will not rescind the review with respect to Lodha and Marisa but,
rather, will complete the review and issue instructions to CBP based on
the final results.\7\
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\7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR, at
51306-51307 (August 28, 2014).
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Methodology
The Department is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price or export price is calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act. For a full description of the methodology underlying
our preliminary results, see the Preliminary Decision Memorandum. 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 (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
is available to all parties in the Central Records Unit, Room B8024 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 version of
the Preliminary Decision Memorandum are identical in content.
Calculation of Normal Value Based on Constructed Value (CV)
SAB reported that it made no sales in the home market during the
POR.\8\ Pursuant to 773(a)(1)(C)(i) of the Act, we examined SAB's third
country sales and have determined that such sales do not constitute a
viable comparison market (CM) within the meaning of section
773(a)(1)(B)(ii)(II) of the Act.\9\ Therefore, for these preliminary
results, we relied on CV as the basis for calculating NV, in accordance
with sections 773(a)(4) and (e) of the Act.\10\
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\8\ See SAB's February 14, 2017 Section A Questionnaire Response
(SAB February 14, 2017 AQR), at 3-4 and Exhibit A-1.
\9\ Id.
\10\ See Preliminary Decision Memorandum, at 18-22.
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Preliminary Results of the Review
As a result of this review, we preliminarily calculated a dumping
margin of zero percent for both Navneet and SAB. We are applying to the
non-selected companies the rates calculated for the mandatory
respondents in these preliminary results, as referenced below.\11\
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\11\ See Albemarle Corp. & Subsidiaries v. United States, 821
F.3d 1345 (Fed. Cir. 2016) (Albemarle).
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Navneet Education Ltd....................................... 0.00
SAB International........................................... 0.00
Kokuyo Riddhi Paper Products Pvt. Ltd....................... 0.00
Magic International Pvt. Ltd................................ 0.00
Pioneer Stationery Pvt Ltd.................................. 0.00
SGM Paper Products.......................................... 0.00
Super Impex................................................. 0.00
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Assessment Rate
Upon issuance of the final results, the Department shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. If the weighted-average dumping margin for
Navneet or SAB is not zero or de minimis (i.e., less than 0.5 percent),
we will calculate importer-specific ad valorem antidumping 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).\12\ We
will instruct CBP to
[[Page 46766]]
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., 0.5 percent).
Where either the respondent's weighted-average dumping margin is zero
or de 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.
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\12\ 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).
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In accordance with the Department's ``automatic assessment''
practice, for entries of subject merchandise during the POR produced by
each respondent for which it did not know that its merchandise was
destined for the United States, 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.
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 respondents
noted above will be the rates established in the final results of this
administrative review; (2) for merchandise exported by producers 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 recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 3.91 percent, the all-others
rate established in the investigation as modified by the section 129
determination.\13\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\13\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the
Uruguay Round Agreements Act and Revocations and Partial Revocations
of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).
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Disclosure and Public Comment
The Department will 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.\14\
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 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.\15\ 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.\16\ All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, ACCESS.
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\14\ See 19 CFR 351.224(b).
\15\ See 19 CFR 351.309(d).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\17\ 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.\18\
Parties should confirm by telephone the date, time, and location of the
hearing.
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), 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 case briefs,
within 120 days after issuance of these preliminary results.
Notification to Importers
This notice 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 duties 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
Secretary's presumption that reimbursement of antidumping duties
occurred and increase the subsequent assessment of the antidumping
duties.
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 351.221(b)(4).
Dated: October 2, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Extension of Preliminary Results
IV. Scope of the Order
V. Discussion of Methodology
Preliminary Determination of No Shipments
Date of Sale
Product Comparisons
Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
Export Price
Normal Value
A. Home Market Viability
B. Level of Trade
Navneet
SAB
C. Sales to Affiliated Customers
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Prices and COP
3. Results of COP Test
E. Calculation of Normal Value Based on Comparison Market Prices
F. Calculation of Normal Value Based on Constructed Value
Margin for Companies Not Selected for Individual Examination
Currency Conversion
VI. Recommendation
[FR Doc. 2017-21588 Filed 10-5-17; 8:45 am]
BILLING CODE 3510-DS-P