Notice2024-23564
Certain Lined Paper Products From India: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
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 11, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain lined paper products (lined paper) from India are not being sold in the United States at below normal value during the period of review (POR), September 1, 2022, through August 31, 2023. Additionally, Commerce is rescinding this administrative review with respect to certain companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 198 (Friday, October 11, 2024)</title>
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[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Notices]
[Pages 82569-82571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23564]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Preliminary Results and
Rescission, in Part, of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain lined paper products (lined paper) from India
are not being sold in the United States at below normal value during
the period of review (POR), September 1, 2022, through August 31, 2023.
Additionally, Commerce is rescinding this administrative review with
respect to certain companies. We invite interested parties to comment
on these preliminary results.
DATES: Applicable October 11, 2024.
FOR FURTHER INFORMATION CONTACT: Patrick Barton, 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) 482-0012.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published the antidumping duty
order on lined paper from India.\1\ On September 6, 2023, we published
in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On November 15, 2023, pursuant
to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
Commerce initiated an administrative review of the Order covering 11
entities.\3\ On May 28, 2024, Commerce extended the deadline for the
preliminary results until September 27, 2024.\4\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\5\ The deadline for the preliminary results is now October
4, 2024.
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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, 88 FR 60923 (September
6, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 78298 (November 15, 2023) (Initiation
Notice).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated May 28,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as Appendix I 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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Lined
Paper Products from India; 2022-2023,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by this Order are lined paper from India. A
full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.
Rescission of Review, in Part
As noted above, we initiated this review with respect to 11
companies.\7\ During the course of the review, we selected two
mandatory respondents, ITC Limited \8\ and Navneet Education Ltd.
(Navneet).\9\ As a consequence, there are nine companies upon which a
review was requested and which were not selected for individual
examination.
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\7\ See Initiation Notice, 88 FR at 78300.
\8\ The correct name of the company is ITC Limited, whereas the
Initiation Notice uses the name ``ITC Limited-Education and
Stationary Products Business,'' which is a division of ITC Limited,
and not a legal entity. See Certain Lined Paper Products from India:
Amended Final Results of Antidumping Duty Administrative Review;
2020-2021, 88 FR 28493, 28494 (May 4, 2023); see also Memorandum,
``Respondent Selection,'' dated February 23, 2024 (Respondent
Selection Memorandum).
\9\ See Respondent Selection Memorandum at 2, n.6.
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Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, three companies listed in the Initiation Notice had no
entries of subject merchandise during the POR. On March 21, 2024, we
notified parties of our intent to rescind this administrative review
with respect to the three companies that had no reviewable suspended
entries during the POR.\10\ No party to the proceeding provided
comments on our Intent to Rescind Memorandum. As a result, we are
rescinding this review, in part, with respect to the three entities
which had no entries in the POR and for which withdrawal requests were
not previously received from all parties
[[Page 82570]]
requesting review.\11\ Therefore, we are rescinding this review, in
part, with respect to a total of three companies.\12\
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\10\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated March 21, 2024 (Intent to Rescind Memorandum).
\11\ See Appendix II.
\12\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export price was calculated in accordance with
section 772 of the Act. Normal value was calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not directly address the
establishment of a rate to be applied to individual companies not
selected for 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 a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual review 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} .'' Section 735(c)(5)(B) of the Act
provides that, where all rates are zero, de minimis, or based entirely
on facts available, Commerce may use ``any reasonable method'' for
assigning the rate to all other respondents.
In this administrative review, we preliminarily calculated a zero
or de minimis dumping margin for ITC Limited and Navneet. Thus, in
accordance with section 735(c)(5)(B) of the Act, we are preliminarily
assigning to the companies not individually examined a de minimis
margin of 0.04 percent, which is the weighted average of the weighted-
average dumping margins calculated for ITC Limited and Navneet based on
publicly ranged U.S. sales values.\13\ The companies not selected for
individual examination are listed in Appendix III.
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\13\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sales
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly ranged sales data were available,
Commerce based the rate for the non-examined companies on the
publicly ranged sales data of the mandatory respondents. See
Preliminary Decision Memorandum at ``Companies Not Selected For
Individual Examination;'' see also Memorandum, ``Calculation of
Margin for Respondents Not Selected for Individual Examination,''
dated concurrently with this notice.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margins exist for the
period September 1, 2022, through August 31, 2023:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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ITC Limited................................................. * 0.08
Navneet Education Ltd....................................... 0.00
Non-Individually Examined Companies \14\.................... * 0.04
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* De minimis.
Disclosure and Public Comment
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\14\ See Appendix III.
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Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice, in accordance
with 19 CFR 351.224(b).\15\
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\15\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\16\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the date for filing case briefs.\17\ Interested parties
who submit case briefs or rebuttal briefs in this proceeding must
submit: (1) a table of contents listing each issue; and, (2) a table of
authorities.\18\
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\16\ See 19 CFR 351.309(c)(1)(ii)
\17\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\19\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\20\
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\19\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\20\ See APO and Service Procedures.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\21\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. Issues raised in the hearing will be limited to those
raised in the case and rebuttal briefs. If a request for a hearing is
made, we will inform parties of the scheduled date for the hearing at a
time and location to be determined.\22\ Parties should confirm by
telephone the date, time, and location of the hearing no fewer than two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\21\ See 19 CFR 351.310(c).
\22\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\23\ 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).
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\23\ See section 751(a)(2)(C) of the Act.
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If the respective weighted-average dumping margins are above de
minimis (i.e., 0.50 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
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\24\ If the 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 the
total quantity associated with those sales. Where either the
respondent's weighted-average dumping margin is zero or de minimis, 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.
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\24\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondents for which they did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem assessment rate equal to the company-specific weighted-average
dumping margin determined in these final results. For the companies for
which the administrative review is rescinded, antidumping duties shall
be assessed at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Commerce intends to issue these rescission instructions to CBP no
earlier than 35 days after the date of publication of this notice in
the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of the final results of the administrative
review for all shipments of lined paper from India entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results, as provided by section 751(a)(2) of
the Act: (1) the cash deposit rate for each company listed above will
be equal to the dumping margins established in the final results of
this review, except if the ultimate rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates
will be zero; (2) for merchandise exported by producers or exporters
not covered in this administrative 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 in which the producer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original less-than-fair-value investigation, but
the producer is, then the cash deposit rate will be the rate
established for the most recently completed segment of the proceeding
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, the
all-others rate established in the antidumping duty investigation.\25\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\25\ See Order, 71 FR at 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 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 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and
19 CFR 351.221(b)(4).
Dated: October 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Companies Not Selected for Individual Examination
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
Companies Rescinded From Administrative Review
1. JC Stationery (P) Ltd
2. M/s. Bhaskar Paper Products
3. Magic International Pvt. Ltd.
Appendix III
Non-Individually Examined Companies Receiving a Review-Specific Rate
1. Cellpage Ventures Private Limited
2. Dinakar Process Private Limited
3. Lotus Global Private Limited
4. Pioneer Stationery Private Limited
5. PP Bafna Ventures Private Limited
6. SGM Paper Products
[FR Doc. 2024-23564 Filed 10-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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