Notice2023-22125
Certain Lined Paper Products From India: Preliminary Results of Antidumping Duty Administrative Review; and Preliminary Determination of No Shipments; 2021-2022
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 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR), September 1, 2021, through August 31, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69125-69127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22125]
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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; and Preliminary Determination
of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value (NV) during
the period of review (POR), September 1, 2021, through August 31, 2022.
We invite interested parties to comment on these preliminary results.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or Katherine Sliney,
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) 482-2437, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published in the Federal Register
the antidumping duty order on certain lined paper products from
India.\1\ On September 1, 2022, Commerce published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.<SUP>2</SUP> On November 3, 2022, based on timely requests
for review and in accordance with section 751(a)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the Order with respect to ten
companies: Cellpage Ventures Private Limited, Dinakar Process Private
Limited (Dinakar), ITC Limited-Education and Stationery Products
Business (ITC Limited),\3\ JC Stationery (P) Ltd (JC Stationery), Lotus
Global Private Limited, M/s. Bhaskar Paper Products (Bhaskar), Navneet
Education Ltd (Navneet), Pioneer Stationery Private Limited, PP Bafna
Ventures Private Limited, and SGM Paper Products.\4\ On February 6,
2023, Commerce selected Dinakar and Navneet as mandatory respondents in
this administrative review.\5\ As noted in the Preliminary Decision
Memorandum, Commerce has preliminarily determined that ITC Limited
should replace Dinakar as a mandatory respondent because we
preliminarily determine that ITC Limited was the price discriminator
for the U.S. sales at issue during the POR.\6\ Pursuant to section
751(a)(3)(A) of the Act, Commerce extended the deadline for the
preliminary results until September 29, 2023.\7\
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 53719 (September
1, 2022).
\3\ Commerce initiated this review on ``ITC Limited-Education
and Stationery Products Business'' (ITC-ESPB), but record evidence
indicates that ITC-ESPB is not a company but is merely a department
of ITC Limited. Accordingly, ITC Limited is the entity subject to
this review, not ITC-ESPB.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022).
\5\ See Memorandum, ``Respondent Selection,'' dated February 6,
2023 (Respondent Selection Memorandum).
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Lined
Paper Products from India; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
\7\ See Memorandum, ``Certain Lined Paper Products from India:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated May 5, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics included in the Preliminary Decision Memorandum is
included in the appendix to this notice. 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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\8\ See Preliminary Decision Memorandum.
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Scope of the Order
The merchandise covered by this Order is certain lined paper
products. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.\9\
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\9\ Id.
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Preliminary Determination of No Shipments
On December 5, 2022, Bhaskar, Dinakar, and JC Stationery submitted
no-shipment certifications.\10\ Information on the record regarding
U.S. Custom and Border Protection (CBP) entry data showed that Dinakar
had suspended entries into the United States.\11\ Additionally, CBP
reported information that contradicted Dinakar's no-shipment claim.\12\
Following supplemental filings by Dinakar and ITC Limited and ex-parte
meetings with counsel, Commerce asked ITC Limited to file a full
questionnaire response in this review because of its involvement in the
U.S. sales associated with Dinakar.\13\ Commerce also requested that
the customs entry forms that Dinakar and ITC Limited claim were filed
incorrectly be revised.\14\ At the time of these preliminary results,
there is no evidence on the record that the relevant entries have been
corrected. Accordingly, Commerce preliminarily determines that the
record does not support a finding of no shipments for Dinakar.
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\10\ See Dinakar's Letter, ``Certification of No Sales,
Shipments, or Entries,'' dated December 5, 2022; see also JC
Stationery's Letter, ``Certification of No Sales, Shipments, or
Entries,'' dated December 5, 2022; and M/s. Bhaskar's Letter,
``Certification of No Sales, Shipments, or Entries,'' dated December
5, 2022.
\11\ See Commerce's Letter to Dinakar, dated April 3, 2023; see
also Respondent Selection Memorandum at Attachment.
\12\ See Memorandum, ``Release of U.S. Customs and Border
Protection Information Relating to December 22, 2022 Entry Document
Request,'' dated January 17, 2023.
\13\ See Dinakar's Letter, ``Response to Supplemental
Questionnaire Regarding No Shipment Certification,'' dated December
16, 2022; see also Dinakar's Letter, ``Objection to Respondent
Selection and Request for Reconsideration,'' dated February 10,
2023; Dinakar's Letter, ``Notification of Reporting Difficulties,''
dated February 24, 2023; Memorandum to the File, ``Meeting with
Interested Parties,'' dated March 7, 2023; Dinakar's Letter,
``Dinakar Process Private Limited--Section A of Initial
Questionnaire,'' dated March 16, 2023 (Dinakar AQR); Dinakar's
Letter, ``Request for Response to Dinakar's Notification of
Reporting Difficulties,'' dated March 30, 2023; Commerce's Letter to
ITC Limited, ``Initial Questionnaire,'' dated April 3, 2023; and
Commerce's Letter to Dinakar, dated April 3, 2023; ITC-ESPB's
Letter, ``ITC Limited-Education and Stationery Products Business--
Section A of Initial Questionnaire,'' dated May 1, 2023 (ITC-ESPB
AQR); and ITC-ESPB's Letter, ``ITS Limited-Education and Stationery
Products Business's Response to the First Supplemental
Questionnaire,'' dated July 10, 2023.
\14\ See Commerce's Letter to Dinakar, dated March 9, 2023.
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To confirm the no-shipment claims by Bhaskar and JC Stationery, on
December 9, 2022, Commerce issued no-shipment
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inquiries to CBP.\15\ CBP reported that it had no information to
contradict the no-shipment claims of Bhaskar and JC Stationery during
the POR.\16\ Given that Bhaskar and JC Stationery 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 and JC
Stationery did not have any reviewable transactions during the POR.
With respect to Bhaskar 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.\17\
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\15\ See Memorandum, ``No Shipment Inquiries,'' dated December
15, 2022.
\16\ See Memorandum, ``CBP Response to No Shipment Inquiries,''
dated December 15, 2022.
\17\ 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 was calculated in accordance with
section 772 of the Act. NV was calculated in accordance with section
773 of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum.
Rate for Non-Selected Companies
The Act 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 an 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, because the rate calculated for
Navneet is zero, we have preliminarily assigned a dumping margin to
these companies based on the weighted-average dumping margin calculated
for ITC Limited.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period September 1, 2021, through
August 31, 2022:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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ITC Limited................................................. 23.16
Navneet Education Ltd....................................... 0.00
Cellpage Ventures Private Limited........................... 23.16
Dinakar Process Private Limited............................. 23.16
Lotus Global Private Limited................................ 23.16
Pioneer Stationery Private Limited.......................... 23.16
PP Bafna Ventures Private Limited........................... 23.16
SGM Paper Products.......................................... 23.16
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Disclosure and Public Comment
We intend to disclose the calculations used for these preliminary
results to interested parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).\18\
Commerce also intends to issue post-preliminary supplemental
questionnaires subsequent to the publication of this notice. Thus,
Commerce will announce the briefing schedule to interested parties at a
later date. Interested parties may submit case briefs on the deadline
that Commerce will announce. 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.\19\ Parties who submit case briefs or
rebuttal briefs in this review 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.\20\ Executive summaries
should be limited to five pages total, including footnotes. All briefs
must be filed electronically using ACCESS.
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\18\ See 19 CFR 351.224(b).
\19\ 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).
\20\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, within 30 days after the date
of publication of this notice in the Federal Register.\21\ Requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants; (3) whether any participant is a
foreign national; and (4) 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.\22\ If a request for a hearing is made,
Commerce will announce the date and time of the hearing. Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled hearing date.
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\21\ See 19 CFR 351.310(c).
\22\ See 19 CFR 351.310(c).
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Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\23\ An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the due date.
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\23\ See Temporary Rule, 85 FR at 41363-41364.
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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, unless extended, pursuant to section 751(a)(3)(A) of
the Act.
Assessment Rates
Upon issuance of the final results of this review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review. If the weighted-average dumping margin
for a mandatory respondent is not zero or de minimis (i.e., greater
than or equal to 0.5 percent) in the final results of this review, we
will calculate an importer-specific ad valorem antidumping duty
assessment rate based on the ratio of the total amount of dumping
calculated for each importer's examined sales and the total entered
value of those same sales, in accordance with 19 CFR 351.212(b)(1).\24\
If a mandatory respondent has not reported entered values, we will
calculate a per-unit assessment rate for each importer by dividing the
total amount of dumping calculated for the examined sales made to that
importer by
[[Page 69127]]
the total quantity associated with those transactions. To determine
whether an importer-specific, per-unit assessment rate is de minimis,
in accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
If the weighted-average dumping margin is zero or de minimis, or an
importer-specific assessment ad valorem rate is zero or de minimis, we
intend to instruct CBP to liquidate appropriate entries without regard
to antidumping duties. The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by this review where applicable.\25\
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\24\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\25\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
Navneet or ITC Limited for which they did not know their merchandise
was destined for the United States, we will instruct CBP to liquidate
those entries at the all-others rate (i.e., 3.91 percent) \26\ if there
is no rate for the intermediate company(ies) involved in the
transaction.
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\26\ See Order, 71 FR 56952.
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For the companies which were not selected for individual
examination, we intend to assign an antidumping duty assessment rate
equal to the weighted-average dumping margin determined for the non-
examined companies 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 for all
shipments of the 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 companies
subject to this review will be equal to the company-specific weighted-
average dumping margin established in the final results of this
administrative review, except if the rate is less than 0.50 percent
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rate will be zero; (2) for previously
reviewed or investigated companies not listed above, the cash deposit
rate will continue to be the company-specific rate published for the
most recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the less-than-fair-value investigation (LTFV)
investigation, but the producer is, 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) the cash
deposit rate for all other producers or exporters will continue to be
the all-others rate of 3.91 percent, the rate established in the LTFV
investigation of this proceeding.\27\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\27\ See Order, 71 FR 56952.
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Notification to Importers
This notice also 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
Commerce's presumption that reimbursement of antidumping 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)(2) and 19 CFR 351.221(b)(4).
Dated: September 28, 2023.
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. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-22125 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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