Notice2022-06520
Certain Lined Paper Products From India: Final Results of Antidumping Duty Administrative Review and Final 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
March 29, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Navneet Education Ltd. (Navneet), a producer/exporter subject to this administrative review, made sales of certain lined paper products from India at less than normal value during the period of review (POR) September 1, 2019, through August 31, 2020. In addition, Commerce determines that Goldenpalm Manufacturers PVT Limited (Goldenpalm) had no shipments during the POR.
Full Text
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<title>Federal Register, Volume 87 Issue 60 (Tuesday, March 29, 2022)</title>
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[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 17989-17991]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06520]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Navneet
Education Ltd. (Navneet), a producer/exporter subject to this
administrative review, made sales of certain lined paper products from
India at less than normal value during the period of review (POR)
September 1, 2019, through August 31, 2020. In addition, Commerce
determines that Goldenpalm Manufacturers PVT Limited (Goldenpalm) had
no shipments during the POR.
DATES: Applicable March 29, 2022.
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 October 1, 2021, Commerce published the Preliminary Results of
this administrative review.\1\ On January 26, 2022, Commerce extended
these final results by an additional 60 days.\2\ The current deadline
for these final results is March 30, 2022. Commerce conducted this
administrative review in accordance with section 751(a)(1)(B) of the
Tariff Act of 1930, as amended (the Act). For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\3\
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\1\ See 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, 86 FR 54426 (October 1, 2021) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results,''
dated January 26, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Order on Certain Lined Paper
Products from India; 2019-2020,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order
The products covered by this order are certain lined paper products
from India. For a full description of the scope, see the Issues and
Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, we preliminarily found that Goldenpalm
had no shipments of subject merchandise during the POR. Following the
publication of the Preliminary Results, we received no comments from
interested parties regarding Goldenpalm, nor has any party submitted
record evidence which would call our preliminary determination of no
shipments into question. Therefore, for the final results, we continue
to find that Goldenpalm had no shipments of subject merchandise during
the POR. Accordingly, consistent with Commerce's practice, we intend to
instruct U.S. Customs and Border Protection (CBP) to liquidate any
existing entries of merchandise produced by Goldenpalm, but exported by
other parties, at the rate for the intermediate reseller, if available,
or at the all-others rate.\4\
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\4\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Application of Adverse Facts Available
For these final results, we continue to find that Magic
International Pvt. Ltd. and Marisa International withheld information
requested by Commerce, failed to provide the requested information in a
timely manner, and significantly impeded the proceeding, warranting a
determination on the basis of the facts available under section 776(a)
of the Act. Therefore, we continue to find that Magic International
Pvt. Ltd. and Marisa International have not acted to the best of their
abilities and the application of adverse facts available, pursuant to
sections 776(a) and (b) of the Act, is warranted.
Rates for Non-Selected Companies
For the rate for non-selected respondents in an administrative
review, 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. Under section
[[Page 17990]]
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, the sole
mandatory respondent, that was not zero, de minimis, or based on facts
available. Accordingly, Commerce is assigning Navneet's rate to
companies not selected for individual examination, which are listed
below.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an Appendix. The Issues and 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we made changes to the margin analysis in the
Preliminary Results regarding Navneet's U.S. date of sale variable,
product form variable, and level of trade variable in the margin
program.\5\
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\5\ See Issues and Decision Memorandum at Comments 3, 4 and 5.
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Final Results of the Review
As a result of this review, Commerce determines that the following
weighted-average dumping margins exist for the period September 1,
2019, through August 31, 2020:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Navneet Education Ltd....................................... 20.22
Magic International Pvt. Ltd................................ 215.93
Marisa International........................................ 215.93
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Companies Not Selected for Individual Review
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Lodha Offset Limited........................................ 20.22
Pioneer Stationery Pvt. Ltd................................. 20.22
SGM Paper Products.......................................... 20.22
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these final results in
the Federal Register, in accordance with section 751(a) of the Act and
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. Pursuant to 19 CFR
351.212(b)(1), for Navneet, we calculated importer-specific ad valorem
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of the
sales. Where either the respondent's weighted-average dumping margin is
zero or de minimis, within the meaning of 19 CFR 351.106(c)(1), or an
importer-specific rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the weighted-average dumping
margin calculated for Navneet. 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 and for future
deposits of estimated duties, where applicable.\6\
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\6\ See section 751(a)(2)(C) of the Act.
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For Goldenpalm, which we determined had no shipments during the
POR, we will instruct CBP to liquidate any suspended entries associated
with Goldenpalm pursuant to the reseller policy.\7\
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\7\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends 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 for all
shipments of certain lined paper products from India entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the
companies listed above will be the rate established in the final
results of this administrative review; (2) for merchandise exported by
manufacturers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the most recently established rate for the manufacturer or exporter
in a completed segment of this proceeding; (3) if the exporter is not a
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the manufacturer is, the cash deposit rate
will be the most recently established rate for the manufacturer of the
merchandise in a completed segment of the proceeding; 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 LTFV
investigation.\8\
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\8\ 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).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final 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 POR.
Failure to comply with this requirement could result in the Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties has occurred and the subsequent assessment of double antidumping
duties.
Notification Regarding Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of
[[Page 17991]]
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. 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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: March 21, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Analysis of Comments
Comment 1: Whether Commerce Should Revise Programming Code
Regarding Costs of Products Sold Only in Third Countries
Comment 2: Whether Commerce Should Allocate Certain Navneet
Trust Expenses to Navneet
Comment 3: Whether Commerce Should Revise the Product Form
Variable in the Home Market Program
Comment 4: Whether Commerce Should Revise the Level of Trade for
U.S. Sales in the Margin Program
Comment 5: Whether Commerce Should Revise the U.S. Sale Date in
the Margin Program
V. Recommendation
[FR Doc. 2022-06520 Filed 3-28-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 29, 2022.
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