Notice2023-07623
Certain Lined Paper Products From India: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021
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
April 12, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Cellpage Ventures Private Limited (Cellpage) made sales of certain lined paper products from India at prices below normal value, and Navneet Education Ltd. (Navneet) did not, during the period of review (POR) September 1, 2020, through August 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 70 (Wednesday, April 12, 2023)</title>
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[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21971-21972]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07623]
[[Page 21971]]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Cellpage Ventures Private Limited (Cellpage) made sales of certain
lined paper products from India at prices below normal value, and
Navneet Education Ltd. (Navneet) did not, during the period of review
(POR) September 1, 2020, through August 31, 2021.
DATES: Applicable April 12, 2023.
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 6, 2022, Commerce published the Preliminary Results for
this review in the Federal Register and invited interested parties to
comment on those results.\1\ For a summary of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
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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; 2020-2021, 87 FR 60650 (October 6, 2022) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Lined Paper from India; 2020-2021,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order \3\
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\3\ 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).
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The products covered by this Order are certain lined paper products
from India. For a complete description of the scope, see the Issues and
Decision Memorandum.
Final Determination of No Shipments
As noted in the Preliminary Results, we received no-shipment claims
from Dinakar Process Private Limited (Dinakar), JC Stationery (P) Ltd
(JC Stationery), and M/s. Bhaskar Paper Products (Bhaskar), and we
preliminarily determined that Dinakar, JC Stationery, and Bhaskar had
no shipments during the POR.\4\ Following the publication of the
Preliminary Results, we received no comments from interested parties
regarding Dinakar, JC Stationery, and Bhaskar, nor has any party
submitted record evidence which would call our preliminary
determinations of no shipments for these three companies into question.
Therefore, for the final results, we continue to find that Dinakar, JC
Stationery, and Bhaskar 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 Dinakar, JC Stationery, and
Bhaskar, but exported by other parties, at the rate for the
intermediate reseller, if available, or at the all-others rate.\5\
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\4\ See Preliminary Results, 87 FR at 60651.
\5\ 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
ability and the application of adverse facts available, pursuant to
section 776(b) of the Act, is warranted. No parties submitted comments
regarding our preliminary determination to apply adverse facts
available to Magic International Pvt. Ltd. and Marisa International.
Rates for Companies Not Selected for Individual Examination
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 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,
for the companies not selected for individual review, we calculated a
rate for Cellpage only which is not zero, de minimis, or determined
entirely on adverse facts available. Accordingly, Commerce is assigning
Cellpage'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 at Appendix I to this notice. 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 regarding the Preliminary Results, we made certain
changes to the margin calculation for Cellpage. For a discussion of
these changes, see the Issues and Decision Memorandum.\6\
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\6\ See Issues and Decision Memorandum at Comment 1.
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Final Results of the Review
Commerce 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
Exporter/producer dumping margin
(percent)
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Cellpage Ventures Private Limited....................... 2.63
Navneet Education Ltd................................... 0.00
Goldenpalm Manufacturers PVT Limited.................... 2.63
ITC Limited-Education and Stationary Products Business.. 2.63
Lotus Global Private Limited............................ 2.63
Pioneer Stationery Pvt. Ltd............................. 2.63
PP Bafna Ventures Private Limited....................... 2.63
Magic International Pvt. Ltd............................ 215.93
Marisa International.................................... 215.93
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Disclosure
Commerce intends to disclose the calculations performed for these
final results to interested parties in this review under administrative
protective order within five days after the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Because there were no changes to Navneet's calculations for the final
results, we do not have revised calculations to disclose for Navneet.
Assessment Rate
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 Cellpage and Navneet, we calculated importer-
specific antidumping duty assessment rates by aggregating the total
amount of dumping calculated for the examined sales of each importer
and dividing each of these amounts by the total entered value
associated with those 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 assessment rate is zero or
de minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR for which the examined companies did
not know that the merchandise they sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, 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.
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 the subject merchandise entered entered, or withdrawn from
warehouse, for consumption on or after the date of the final results of
this administrative review, as provided for by section 751(a)(2)(C) of
the Act: (1) the cash deposit rates for the companies identified above
in the ``Final Results of Review'' section will be equal to the
company-specific weighted-average dumping margin established in the
final results of this administrative review; for merchandise exported
by a company not covered in this administrative review but covered in a
completed 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 or completed prior segment of this
proceeding but the producer is, the cash deposit rate will be the
company-specific 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 of this proceeding.\7\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\7\ See Order.
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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.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of 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)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: April 4, 2023.
Abdelali Elouaradia,
Deputy 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 Use Cellpage's Largest Third
Country Market, Afghanistan, to Calculate Normal Value
Comment 2: Whether Commerce Should Include Certain Expenses in
Cellpage's General and Administrative (G&A) Expense Ratio
Comment 3: Whether Commerce Should Include Certain Expenses from
Affiliated Service Providers in Navneet's G&A Expenses
Comment 4: Whether Commerce Should Allocate Navneet Trust's
Expenses to Navneet's G&A Expenses
Comment 5: Whether Navneet's E-Commerce Sales Were Made at the
Same Level of Trade as its Home Market Sales in Channels Two, Three,
Four, and Five
V. Recommendation
[FR Doc. 2023-07623 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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