Notice2023-09510
Certain Lined Paper Products From India: Amended Final Results of Antidumping Duty Administrative Review; 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
May 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on certain lined paper products from India to correct one ministerial error. The period of review (POR) is September 1, 2020, through August 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
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[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28493-28495]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09510]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Amended Final Results of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the administrative review of the antidumping duty
order on certain lined paper products from India to correct one
ministerial error. The period of review (POR) is September 1, 2020,
through August 31, 2021.
DATES: Applicable May 4, 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 April 12, 2023, the Commerce published its Final Results of the
2020-2021 administrative review of the antidumping duty order on
certain lined paper products from India.\1\ On April 11, 2023, Commerce
disclosed its calculations to interested parties and provided
interested parties with the opportunity to submit ministerial error
comments.\2\ On April 20, 2023, the Association of American School
Paper Suppliers and its individual members (the petitioners) timely
submitted ministerial error comments regarding Commerce's Final
Results.\3\ Commerce is amending its Final Results to correct a
ministerial error alleged by the petitioners.
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\1\ See Certain Lined Paper Products from India: Final Results
of Antidumping Duty Administrative Review and Final Determination of
No Shipments; 2020-2021, 88 FR 21971 (April 12, 2023) (Final
Results).
\2\ See Memoranda, ``Deadline for Ministerial Error Comments for
the Final Results,'' dated April 11, 2023; and ``Extension of
Deadline for Ministerial Error Comments,'' dated April 14, 2023.
\3\ See Petitioners' Letter, ``Ministerial Error Comments,''
dated April 20, 2023.
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Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the {Commerce{time} considers
ministerial.'' \4\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review . . . .''
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\4\ See 19 CFR 351.224(f).
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Ministerial Errors
In the final results of the review, Commerce made an inadvertent
error within the meaning of section 751(h) of the Act and 19 CFR
351.224(f) with respect to standardizing the variable length for the
product characteristic variables in Cellpage Ventures Private Limited's
(Cellpage) sales and cost databases. Accordingly, Commerce determines
that, in accordance with section 751(h) of the Act and 19 CFR
351.224(f), it made a ministerial error in the Final Results.
For a complete description and analysis of the specific inadvertent
error, and the petitioners' ministerial error allegation, see the
accompanying Ministerial Error Allegation Memorandum.\5\ The
Ministerial Error Allegation 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>.
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\5\ See Memorandum, ``Ministerial Error Allegation,'' dated
concurrently with this notice (Ministerial Error Allegation
Memorandum).
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Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Results to reflect the correction of this ministerial error in the
calculation of the weighted-average dumping margin assigned to Cellpage
in the Final Results, which changes from 2.63 percent to 3.21
percent.\6\ Furthermore, we are revising the review-specific, weighted-
average dumping margin applicable to the companies not selected for
individual examination in this administrative review, which is based on
Cellpage's weighted-average dumping margin.\7\
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\6\ Id.; see also Final Results, 88 FR at 21972.
\7\ We assigned Cellpage's rate to the non-selected companies
because it was the only individually calculated weighted-average
dumping margin, which is not zero, de minimis, or determined
entirely on the basis of facts available. See Final Results, 88 FR
at 21971.
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In addition to the ministerial error described above, we are also
including SGM Paper Products among the companies not selected for
individual examination in these amended final results. SGM Paper
Products was inadvertently excluded from the list of companies not
selected for individual examination in the Final Results.\8\
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\8\ 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 at 60652 (October 6, 2022); see
also Final Results, 88 FR at 21972.
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[[Page 28494]]
Amended Final Results of Review
As a result of correcting this ministerial error, Commerce
determines that, for the period September 1, 2020, through August 31,
2021, the following weighted-average dumping margins exist:
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\9\ The weighted-average dumping margin for Navneet Education
Ltd remains unchanged from the Final Results. See Final Results, 88
FR at 21972.
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Weighted-
average
Producer or exporter dumping margin
(percent)
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Cellpage Ventures Private Limited....................... 3.21
Navneet Education Ltd \9\............................... 0.00
Goldenpalm Manufacturers PVT Limited.................... 3.21
ITC Limited-Education and Stationery Products Business 3.21
\10\...................................................
Lotus Global Private Limited............................ 3.21
Pioneer Stationery Pvt. Ltd............................. 3.21
PP Bafna Ventures Private Limited....................... 3.21
SGM Paper Products...................................... 3.21
Magic International Pvt. Ltd \11\....................... 215.93
Marisa International \12\............................... 215.93
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Disclosure
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\10\ The correct name of the company is ITC Limited-Education
and Stationery Products Business. Commerce has previously
incorrectly referred to this company as ITC Limited-Education and
Stationary Products Business.
\11\ The weighted-average dumping margin for Magic International
Pvt. Ltd remains unchanged from the Final Results. See Final
Results, 88 FR at 21972.
\12\ The weighted-average dumping margin for Marisa
International remains unchanged from the Final Results. See Final
Results, 88 FR at 21972.
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We intend to disclose the calculations performed for these amended
final results to parties in this review within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with these amended final
results of the administrative review.
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty 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 for which entered value was reported. Where the respondent
did not report entered value, we calculated the entered value in order
to calculate the assessment rate. 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 that were not selected for individual
examination, we will assign an assessment rate based on the cash
deposit rates calculated for the mandatory respondents in this review,
i.e., Cellpage and Navneet Education Ltd, excluding any rates that are
zero, de minimis, or determined entirely based on facts available. For
the non-selected respondents listed above, the amended final results of
this review shall be the basis for the assessment of antidumping duties
on entries of merchandise covered by the amended final results of this
review and for future deposits of estimated duties, where
applicable.\13\
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\13\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these amended final results of review for which the individually-
examined companies did not know that the merchandise they sold to the
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 amended 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
retroactively for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after April 12,
2023, the date of publication of the Final Results of this
administrative review, as provided for by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for the companies listed above will be
equal to the weighted-average dumping margin established in these
amended final results of review; (2) for 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 or
another completed segment of this proceeding, 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
merchandise; and (4) if neither the exporter nor the producer is a firm
covered in this or any previously completed segment of this proceeding,
then the cash deposit rate will be the all-others rate of 3.91 percent
established in the less-than-fair-value investigation.\14\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ 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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Notification to Importers
This notice also 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 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 occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition 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 return or destruction of APO materials
or conversion to judicial
[[Page 28495]]
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
The amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-09510 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 4, 2023.
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