Notice2024-07904
Certain Lined Paper Products From India: Final Results of Antidumping Duty Administrative Review and Final 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
April 15, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that ITC Limited made sales of subject merchandise in the United States at prices below normal value (NV), and Navneet Education Ltd. (Navneet) did not, during the period of review (POR) September 1, 2021, through August 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 73 (Monday, April 15, 2024)</title>
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[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26127-26129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07904]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that ITC
Limited made sales of subject merchandise in the United States at
prices below normal value (NV), and Navneet Education Ltd. (Navneet)
did not, during the period of review (POR) September 1, 2021, through
August 31, 2022.
DATES: Applicable April 15, 2024.
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 October 5, 2023, 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; and Preliminary
Determination of No Shipments; 2021-2022, 88 FR 69125 (October 5,
2023) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of Antidumping Duty Administrative Review: Certain Lined Paper
Products from India; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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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 JC Stationery and Bhaskar had no
shipments during the POR.\4\
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\4\ See Preliminary Results, 88 FR at 69126.
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Information on the record regarding U.S. Custom and Border
Protection (CBP) entry data showed that Dinakar had suspended entries
into the United States.\5\ Additionally, CBP reported information that
contradicted Dinakar's no-shipment claim.\6\ Prior to the Preliminary
Results, Commerce requested that Dinakar and ITC Limited \7\ correct
customs entry forms that Dinakar and ITC Limited claim were filed
incorrectly.\8\ Commerce preliminarily determined that the record did
not support a finding of no shipments for Dinakar.\9\
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\5\ See Commerce's Letter dated April 3, 2023 (ACCESS barcode
4361597-01); see also Memorandum, ``Respondent Selection,'' dated
February 6, 2023, at Attachment.
\6\ See Memorandum, ``Release of U.S. Customs and Border
Protection Information Relating to December 22, 2022 Entry Document
Request,'' dated January 17, 2023.
\7\ Commerce noted in the Preliminary Results that we 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. There is no additional information on this record or
arguments from parties following the Preliminary Results that would
lead Commerce to reevaluate this determination.
\8\ See Commerce's Letter dated March 9, 2023 (ACCESS barcode
4351661-01).
\9\ See Preliminary Results, 88 FR at 69125.
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Following the Preliminary Results, Commerce again requested that
Dinakar and ITC Limited provide information that the entry
documentation that the parties claimed incorrectly listed Dinakar as
the exporter or manufacturer of entries into the United States during
the POR was revised.\10\ Dinakar and ITC Limited were unable to
demonstrate that the entry documents were revised to remove Dinakar as
the exporter of subject entries into the United States during the
POR.\11\ Accordingly,
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Commerce determines that the record does not support a finding of no
shipments for Dinakar.
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\10\ See Commerce's Letters, ``Supplemental Questionnaire,''
dated November 3, 2023. (There were letters with identical titles
issued separately to Dinakar and to ITC Limited on this date.)
\11\ See Issues and Decision Memorandum at Comment 2.
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Following the publication of the Preliminary Results, we received
no comments from interested parties regarding JC Stationery and
Bhaskar, nor has any party submitted record evidence which would call
our preliminary determinations of no shipments for these two companies
into question. Therefore, for the final results, we continue to find
that JC Stationery and Bhaskar had no shipments of subject merchandise
during the POR. Accordingly, consistent with Commerce's practice, we
intend to instruct CBP to liquidate any existing entries of merchandise
produced by JC Stationery and Bhaskar, but exported by other parties,
at the rate for the intermediate reseller, if available, or at the all-
others rate.\12\
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\12\ 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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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, because the rate calculated for
Navneet is zero, we have assigned a dumping margin to the companies not
selected for individual review based on the weighted-average dumping
margin calculated for ITC Limited.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is included in the
appendix 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
We made no changes to the Preliminary Results based on comments
from interested parties.
Final Results of the Review
As a result of this administrative review, Commerce determines 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
Exporter/producer 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
Normally, Commerce will disclose to interested parties the
calculations performed in connection with the final results of review
withing five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because we have made no changes to the Preliminary Results,
there are no new calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
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 ITC
Limited and Navneet Education Ltd., 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.
Further, 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 above in the ``Final Results
of the Review.'' 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 for estimated antidumping
duties will be effective 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 administrative review, as
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rates
for the companies identified above in the ``Final Results of the
Review'' section will be equal to the company-specific weighted-average
dumping margin established in the final results of this administrative
review; (2) 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 in the
completed segment for the most recent
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period for the producer of the merchandise; and (4) the cash deposit
rate for all other producers or exporters will continue to be 3.91
percent ad valorem, the all-others rate established in the
investigation of this proceeding.\13\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\13\ 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 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 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 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 or
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: March 28, 2024.
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. Discussion of the Issues
Comment 1: 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
Comment 2: Whether Commerce Should Continue to Find Dinakar
Process Private Limited Subject to this Review
V. Recommendation
[FR Doc. 2024-07904 Filed 4-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 15, 2024.
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