Notice2021-21404
Certain Lined Paper Products From India: Preliminary Results of Antidumping Duty Administrative Review; Rescission of Administrative Review, in Part; and Preliminary Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 1, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain lined paper products from India, covering the period of review (POR), September 1, 2019, through August 31, 2020. We preliminarily find that Navneet Education Ltd. (Navneet) made sales of subject merchandise at less than normal value during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 188 (Friday, October 1, 2021)</title>
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[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Pages 54426-54429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21404]
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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; Rescission of Administrative
Review, in Part; and Preliminary Determination of No Shipments; 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on certain lined
paper products from India, covering the period of review (POR),
September 1, 2019, through August 31, 2020. We preliminarily find that
Navneet Education Ltd. (Navneet) made sales of subject merchandise at
less than normal value during the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable October 1, 2021.
FOR FURTHER INFORMATION CONTACT: Samuel 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) 482-7851.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published the Order in the Federal
Register.\1\ On October 30, 2020, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act), Commerce initiated an
administrative review of the Order.\2\ On May 24, 2021, we extended the
deadline for the preliminary results to September 30, 2021.\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)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020,''
dated May 24, 2021.
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Commerce initiated this administrative review covering the
following seventeen companies: Cellpage Ventures Private Limited
[[Page 54427]]
(Cellpage); Goldenpalm Manufacturers PVT Limited (Goldenpalm); ITC
Limited--Education and Stationery Products Business (ITC Limited); M/s.
Bhaskar Paper Products (Bhaskar); Dinakar Process Private Limited
(Dinakar); JC Stationery (P) Ltd. (JC Stationery); Kokuyo Riddhi Paper
Products Pvt. Ltd. (Kokuyo); Lodha Offset Limited (Lodha); Lotus Global
Private Limited (Lotus Global); Magic International Pvt. Ltd. (Magic);
Marisa International (Marisa); Navneet; Pioneer Stationery Pvt. Ltd.
(Pioneer); PP Bafna Ventures Private Limited (PP Bafna); SAB
International (SAB); SGM Paper Products (SGM); and Super Impex.\4\ On
January 19, 2021, Pioneer, PP Bafna, SAB, SGM, and Super Impex timely
withdrew their requests for review.\5\ On January 20, 2021, Cellpage,
Lotus Global, and Kokuyo timely withdrew their requests for review.\6\
On January 28, 2021, ITC Limited, Bhaskar, Dinakar, and JC Stationery
timely withdrew their requests for review.\7\ As detailed below, we are
rescinding the review, in part, with respect to ten of the above
companies. This review covers one mandatory respondent, Navneet. The
other six companies were not selected for individual examination and
remain subject to this administrative review.
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\4\ Initiation Notice, 85 FR at 68842.
\5\ See Pioneer's Letter, ``Withdrawal of Request for
Antidumping Duty Administrative Review of Pioneer,'' dated January
19, 2021 (Pioneer's Withdrawal of Request for Review); PP Bafna's
Letter, ``Withdrawal of Request for Antidumping Duty Administrative
Review of PP Bafna,'' dated January 19, 2021 (PP Bafna's Withdrawal
of Request for Review); SAB's Letter, ``Withdrawal of Request for
Antidumping Duty Administrative Review of SAB International,'' dated
January 19, 2021 (SAB's Withdrawal of Request for Review); SGM's
Letter, ``Withdrawal of Request for Antidumping Duty Administrative
Review of SGM Paper Products,'' dated January 19, 2021 (SGM's
Withdrawal of Request for Review); and Super Impex's Letter,
``Withdrawal of Request for Antidumping Duty Administrative Review
of Super Impex,'' dated January 19, 2021 (Super Impex's Withdrawal
of Request for Review).
\6\ See Cellpage's Letter, ``Withdrawal of Request for
Antidumping Duty Administrative Review of Cellpage Ventures Private
Limited,'' dated January 20, 2021 (Cellpage's Withdrawal of Request
for Review); Lotus Global's Letter, ``Withdrawal of Request for
Antidumping Duty Administrative Review of Lotus Global Private
Limited,'' dated January 20, 2021 (Lotus Global's Withdrawal of
Request for Review); and Kokuyo's Letter, ``Withdrawal of Request
for Anti-dumping Duty Administrative Review of Kokuyo Riddhi Paper
Products Private Limited,'' dated January 20, 2021 (Kokuyo's
Withdrawal of Request for Review).
\7\ See ITC Limited, Bhaskar, Dinakar, and JC Stationery's
Letter, ``Withdrawal of Request for Administrative Review,'' dated
January 28, 2021 (ITC Limited, Bhaskar, Dinakar, and JC Stationery's
Withdrawal of Request for Review).
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Scope of the Order
The merchandise covered by the Order 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. A full description of the scope of the Order is contained
in the Preliminary Decision Memorandum.\8\
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Lined
Paper Products from India; 2018-2019,'' dated concurrently and
hereby adopted by this notice (Preliminary Decision Memorandum).
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Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. As noted
above, on January 19, 2021, Pioneer, PP Bafna, SAB, SGM, and Super
Impex timely withdrew their requests for review.\9\ On January 20,
2021, Cellpage, Lotus Global, and Kokuyo timely withdrew their requests
for review.\10\ On January 28, 2021, ITC Limited, Bhaskar, Dinakar, and
JC Stationery timely withdrew their requests for review.\11\ Because
there is still an active review request for Pioneer and SGM, we are not
rescinding the review with respect to these companies.\12\ However,
because there was a timely withdrawal of requests for review and
because there are no other active requests for review, we are
rescinding this review with respect to the following companies,
pursuant to 19 CFR 351.213(d)(1): Bhaskar, Cellpage, Dinakar, ITC
Limited, JC Stationery, Kokuyo, Lotus Global, PP Bafna, SAB, and Super
Impex.
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\9\ See Pioneer's Withdrawal of Request for Review; PP Bafna's
Withdrawal of Request for Review; SAB's Withdrawal of Request for
Review; SGM's Withdrawal of Request for Review; and Super Impex's
Withdrawal of Request for Review.
\10\ See Cellpage's Withdrawal of Request for Review; Lotus
Global's Withdrawal of Request for Review; and Kokuyo's Withdrawal
of Request for Review.
\11\ See ITC Limited, Bhaskar, Dinakar, and JC Stationery's
Withdrawal of Request for Review.
\12\ See Petitioners' Letter, ``Request for Administrative
Review,'' dated September 30, 2020.
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Preliminary Determination of No Shipments
On November 23, 2020, Goldenpalm submitted a no-shipment
certification.\13\ To confirm Goldenpalm's no-shipment claim, on
January 28, 2021, Commerce issued a no-shipment inquiry to U.S. Customs
and Border Protection (CBP).\14\ CBP reported that it had no
information to contradict Goldenpalm's no shipments claim during the
POR.\15\
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\13\ See Goldenpalm's Letter, ``Response to Q & V
Questionnaire,'' dated November 23, 2020.
\14\ See Memorandum, ``No Shipment Inquiry,'' dated January 28,
2021.
\15\ See Memorandum, ``No shipment inquiry with respect to the
company below during the period 09/01/2019 through 08/30/2020''
dated March 12, 2021.
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Given that Goldenpalm reported that it made no shipments of subject
merchandise to the United States during the POR, and there is no
information calling Goldenpalm's claim into question, we preliminarily
determine that Goldenpalm did not have any reviewable transactions
during the POR. Consistent with Commerce's practice, we will not
rescind the review with respect to Goldenpalm but, rather, will
complete the review and issue instructions to CBP based on the final
results.\16\
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\16\ Commerce determined to not rescind a review with respect to
exporters that demonstrate that they had no knowledge of sales
through resellers to the United States because we find it
appropriate to instruct CBP to liquidate such entries at the all-
others rate applicable to the proceeding. Further, Commerce
explained that it is more consistent with the Automatic Assessment
Clarification not to rescind a review in part under these
circumstances but rather to complete the review and issue
appropriate instructions to CBP based on the final results of the
review. 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 51306,
51307 (August 28, 2014) at 6-7 (citing Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003) (Automatic Assessment Clarification)).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. 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
[[Page 54428]]
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice.
Adverse Facts Available
Sections 776(a)(1) and 776(a)(2) of the Act provide that Commerce
shall, subject to section 782(d) of the Act, apply ``facts otherwise
available'' if necessary information is not available on the record or
if any other person: (A) Withholds information requested by Commerce;
(B) fails to provide such information by the deadlines for submission
of the information, or in the form and manner requested, subject to
subsections (c)(1) and (e) of section 782 of the Act; (C) significantly
impedes a proceeding; or (D) provides such information but the
information cannot be verified as provided in section 782(i) of the
Act. Pursuant to sections 776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts otherwise available with adverse
inferences to determine the estimated weighted-average dumping margin
for Magic International Pvt. Ltd. and Marisa International because they
did not submit timely responses to Commerce's quantity and value
questionnaire. We are preliminarily assigning to Magic International
Pvt. Ltd. and Marisa International, as adverse facts available, the
highest rate from the petition, which we have corroborated under
section 776(c)(2) of the Act using the highest individual transaction-
specific margin calculated for Navneet. For a complete explanation of
the analysis underlying the application of AFA, see the Preliminary
Decision Memorandum.
Rate for Non-Selected Respondents
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this segment of the proceeding, we calculated a margin for
Navneet that was not zero, de minimis, or based on facts available.
Accordingly, we have preliminarily applied the margin calculated for
Navneet to the non-individually examined respondents.
Preliminary Results of the Review
As a result of this review, we preliminarily find the following
weighted-average dumping margins for the period September 1, 2019
through August 31, 2020.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Navneet Education Ltd....................................... 18.35
Lodha Offset Limited........................................ 18.35
Pioneer Stationery Pvt. Ltd................................. 18.35
SGM Paper Products.......................................... 18.35
Magic International Pvt. Ltd................................ 215.93
Marisa International........................................ 215.93
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. If a respondent's weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5 percent) in the final
results of this review, we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for an importer's examined sales and the
total entered value of such sales in accordance with 19 CFR
351.212(b)(1). Where either the respondent's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR 351.106(c),
or an importer-specific rate is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
Pursuant to Commerce's Automatic Assessment Clarification, for
entries of subject merchandise during the POR produced by a respondent
for which it did not know its merchandise was destined for the United
States, Commerce 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.\17\
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\17\ See Automatic Assessment Clarification.
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We intend to issue assessment instructions to CBP no earlier than
35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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 respondent 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, then 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.\18\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\18\ See Order, 71 FR 56952.
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Disclosure and Public Comment
We will disclose to parties to the proceeding any calculations
performed in connection with these preliminary results of review within
five days after the date of publication of this notice.\19\ Interested
parties may submit case briefs not later than 30 days after the date of
publication of this notice in the Federal Register.\20\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the
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date for filing case briefs.\21\ Parties who submit case briefs or
rebuttal briefs in this proceeding 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.\22\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by the established deadline.
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\19\ See 19 CFR 351.224(b).
\20\ See 19 CFR 351.309(c)(1)(ii).
\21\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\22\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Interested parties who wish to request a hearing, limited to issues
raised in the case and rebuttal briefs, must submit a written request
to the Assistant Secretary for Enforcement and Compliance, within 30
days after the date of publication of this notice.\23\ Requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\23\ See 19 CFR 351.310(c).
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We intend to issue the final results of this administrative review,
including the results of our analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
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
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: September 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Companies Not Selected for Individual Examination
VII. Application of Facts Available and Adverse Inference
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-21404 Filed 9-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 1, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.