[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69125-69127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22125]



[[Page 69125]]

-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \8\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    To confirm the no-shipment claims by Bhaskar and JC Stationery, on 
December 9, 2022, Commerce issued no-shipment

[[Page 69126]]

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\
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

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:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.310(c).
    \22\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \23\ See Temporary Rule, 85 FR at 41363-41364.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \26\ See Order, 71 FR 56952.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \27\ See Order, 71 FR 56952.
---------------------------------------------------------------------------

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