Notice2022-21771
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; 2020-2021
Primary source
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Published
October 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through August 31, 2021. We preliminarily find that Cellpage Ventures Private Limited (Cellpage) made sales of subject merchandise at less than normal value during the POR and Navneet Education Ltd. (Navneet) did not. Finally, we are also rescinding this review with respect to four companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 193 (Thursday, October 6, 2022)</title>
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[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60650-60653]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21771]
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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; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through August 31, 2021. We preliminarily find that
Cellpage Ventures Private Limited (Cellpage) made sales of subject
merchandise at less than normal value during the POR and Navneet
Education Ltd. (Navneet) did not. Finally, we are also rescinding this
review with respect to four companies. We invite interested parties to
comment on these preliminary results.
DATES: Applicable October 6, 2022.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or Jolanta Lawska, 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 or (202)
482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published the Order in the Federal
Register.\1\ On November 5, 2021, 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 2, 2022, we extended the
deadline for the preliminary results to September 30, 2022.\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, 86 FR 61121 (November 5, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Certain Lined Paper Products from India:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021,'' dated May 2, 2022.
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[[Page 60651]]
Commerce initiated this administrative review covering the
following seventeen companies: Cellpage; Dinakar Process Private
Limited (Dinakar); Goldenpalm Manufacturers PVT Limited; ITC Limited-
Education and Stationery Products Business; JC Stationery (P) Ltd (JC
Stationery); Kokuyo Riddhi Paper Products Pvt. Ltd. (Kokuyo); Lodha
Offset Limited (Lodha); Lotus Global Private Limited (Lotus Global); M/
s. Bhaskar Paper Products (Bhaskar); Magic International Pvt. Ltd.
(Magic); Marisa International; Navneet; Pioneer Stationery Private
Limited (Pioneer); PP Bafna Ventures Private Limited; SAB
International; SGM Paper Products (SGM); and Super Impex.\4\ On
December 20, 2021, the Association of American School Paper Suppliers
and its individual members (the petitioners), timely withdrew their
request for review of Kokuyo, Lodha, Pioneer, SAB International, SGM,
and Super Impex.\5\ No other parties requested a review of Kokuyo,
Lodha, SAB International, and Super Impex. Pioneer and SGM requested an
administrative review with respect to themselves.\6\ As detailed below,
we are rescinding the review, in part, with respect to Kokuyo, Lodha,
SAB International, and Super Impex. This review covers two mandatory
respondents, Cellpage and Navneet. The other eleven companies were not
selected for individual examination and remain subject to this
administrative review.
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\4\ See Initiation Notice, 86 FR at 61123.
\5\ See Petitioners' Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated December 20, 2021 (Petitioners'
Withdrawal of Request for Review).
\6\ See Pioneer's Letter, ``Request for Administrative Review of
Anti-Dumping Duty of Pioneer Stationery Private Limited,'' dated
September 30, 2021 (Pioneer's Request for Review); see also SGM's
Letter, ``Request for Administrative Review of Anti-Dumping Duty of
SGM Paper Products,'' dated September 30, 2021 (SGM's Request for
Review).
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\7\ 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 <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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Lined
Paper Products from India; 2020-2021,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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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 subheadings are provided for
convenience and customs purposes, the written product description
remains dispositive. For a full description of the scope of the Order,
see the Preliminary Decision Memorandum.\8\
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\8\ Id.
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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 December 20, 2021, the petitioners timely withdrew their
request for reviews of Kokuyo, Lodha, Pioneer, SAB International, SGM,
and Super Impex.\9\ Because there are still active review requests for
Pioneer and SGM, we are not rescinding the review with respect to these
companies.\10\ 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, in part, with respect to Kokuyo,
Lodha, SAB International, and Super Impex, pursuant to 19 CFR
351.213(d)(1) and (4).
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\9\ See Petitioners' Withdrawal of Request for Review.
\10\ See Pioneer's Request for Review; and SGM's Request for
Review.
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Preliminary Determination of No Shipments
On December 3, 2021, Bhaskar, Dinakar, and JC Stationery submitted
no-shipment certifications.\11\ On November 22, 2021, Lodha submitted a
response to Commerce's quantity and value questionnaire which indicated
that the company had no shipments during the POR.\12\ To confirm the
no-shipment claims by Bhaskar, Dinakar, JC Stationery, and Lodha, on
December 16, 2021, Commerce issued no-shipment inquiries to U.S.
Customs and Border Protection (CBP).\13\ CBP reported that it had no
information to contradict the no-shipment claims of Bhaskar, Dinakar,
JC Stationery, and Lodha during the POR.\14\
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\11\ See Bhaskar's Letter, ``Certification of No Sales,
Shipments, or Entries,'' dated December 3, 2021; see also Dinakar's
Letter, ``Certification of No Sales, Shipments, or Entries,'' dated
December 3, 2021; and JC Stationery's Letter, ``Certification of No
Sales, Shipments, or Entries,'' dated December 3, 2021.
\12\ See Lodha's Letter, ``Response to Quantity & Value
Questionnaire,'' dated November 22, 2021.
\13\ See Memorandum, ``No Shipment Inquiries,'' dated December
17, 2021.
\14\ See Memorandum, ``CBP Response to No Shipment Inquiries,''
dated December 20, 2021.
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Given that Bhaskar, Dinakar, JC Stationery, and Lodha reported that
they made no shipments of subject merchandise to the United States
during the POR, and there is no information calling these companies'
claims into question, we preliminarily determine that Bhaskar, Dinakar,
JC Stationery, and Lodha did not have any reviewable transactions
during the POR. As noted above, on December 20, 2021, the petitioners
timely withdrew their request for a review of Lodha, and because no
other parties requested a review of Lodha, we are rescinding the review
with respect to Lodha. With respect to Bhaskar, Dinakar, and JC
Stationery, consistent with Commerce's practice, we will not rescind
the review regarding these companies but, rather, will complete the
review and issue instructions to CBP based on the final results of this
review.\15\
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\15\ 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) (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. A list of the topics discussed in the Preliminary Decision
Memorandum is included as the appendix to this notice.
[[Page 60652]]
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 and Marisa International because they did not submit timely
responses to Commerce's quantity and value questionnaire. We are
preliminarily assigning to Magic and Marisa International, as adverse
facts available, a dumping margin of 215.93 percent. Commerce is not
required to corroborate any dumping margin applied in a separate
segment of the same proceeding.\16\ Because the 215.93 percent rate was
applied in a separate segment of this proceeding,\17\ Commerce does not
need to corroborate the rate in this review. For a complete explanation
of the analysis underlying the application of adverse facts available,
see the Preliminary Decision Memorandum.
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\16\ See section 776(c)(2) of the Act.
\17\ See Certain Lined Paper Products from India: Final Results
of Antidumping Duty Administrative Review and Final Determination of
No Shipments; 2019- 2020, 87 FR 17989, 17990 (March 29, 2022).
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Rate for Non-Selected Respondents
For the rate for companies not selected for individual examination
in an administrative review, generally, Commerce looks for guidance in
administrative reviews to section 735(c)(5) of the Act, which provides
instructions for calculating the all-others rate in a less-than-fair-
value investigation. 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} .'' Where the dumping margins for
individually examined respondents are all zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act provides
that Commerce may use ``any reasonable method to establish the
estimated all-others rate for exporters and producers not individually
investigated, including averaging the estimated weighted-average
dumping margins determined for the exporters and producers individually
investigated.''
In this segment of the proceeding, we calculated a margin for
Cellpage that was not zero, de minimis, or based on facts available.
Accordingly, we have preliminarily applied the margins for Cellpage to
the non-individually examined respondents.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period September 1, 2020, through
August 31, 2021:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Cellpage Ventures Private Limited........................... 11.43
Navneet Education Ltd....................................... 0.00
Goldenpalm Manufacturers PVT Limited........................ 11.43
ITC Limited-Education and Stationary Products Business...... 11.43
Lotus Global Private Limited................................ 11.43
Pioneer Stationery Pvt. Ltd................................. 11.43
PP Bafna Ventures Private Limited........................... 11.43
SGM Paper Products.......................................... 11.43
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.\18\
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\18\ See Automatic Assessment Clarification.
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Should we continue to apply facts available with an adverse
inference to Magic and Marisa International in the final results, we
will instruct CBP to apply an assessment rate equal to the dumping
margin of 215.93 percent, as indicated above, to all entries produced
and/or exported by Magic and Marisa International. The assessment rate
for antidumping duties for each of the companies not selected for
individual examination will be equal to the weighted-average dumping
margin identified in the final results of review.
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 this 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 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 review; (2) for merchandise
exported by producers 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 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.\19\ These cash
[[Page 60653]]
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Order, 71 FR 56952.
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Verification
On February 14, 2022, the petitioners requested that Commerce
conduct verification of Navneet's responses.\20\ Accordingly, as
provided in section 782(i)(3) of the Act, Commerce intends to verify
the information relied upon in determining its final results.
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\20\ See Petitioners' Letter, ``Request for Verification,''
dated February 14, 2022.
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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.\21\ Interested
parties may submit case briefs not later than seven days after the date
on which the last verification report is issued in this administrative
review. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than seven days after the date for filing case
briefs.\22\ 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.\23\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety by the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\24\
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\21\ See 19 CFR 351.224(b).
\22\ 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).
\23\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\24\ See Temporary Rule.
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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.\25\ 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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\25\ 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 preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(1).
Dated: September 30, 2022.
Lisa W. Wang,
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. 2022-21771 Filed 10-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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