[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 17989-17991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06520]


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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; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Navneet 
Education Ltd. (Navneet), a producer/exporter subject to this 
administrative review, made sales of certain lined paper products from 
India at less than normal value during the period of review (POR) 
September 1, 2019, through August 31, 2020. In addition, Commerce 
determines that Goldenpalm Manufacturers PVT Limited (Goldenpalm) had 
no shipments during the POR.

DATES: Applicable March 29, 2022.

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 October 1, 2021, Commerce published the Preliminary Results of 
this administrative review.\1\ On January 26, 2022, Commerce extended 
these final results by an additional 60 days.\2\ The current deadline 
for these final results is March 30, 2022. Commerce conducted this 
administrative review in accordance with section 751(a)(1)(B) of the 
Tariff Act of 1930, as amended (the Act). For a complete description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\3\
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    \1\ 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; 2019-2020, 86 FR 54426 (October 1, 2021) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results,'' 
dated January 26, 2022.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Order on Certain Lined Paper 
Products from India; 2019-2020,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The products covered by this order are certain lined paper products 
from India. For a full description of the scope, see the Issues and 
Decision Memorandum.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily found that Goldenpalm 
had no shipments of subject merchandise during the POR. Following the 
publication of the Preliminary Results, we received no comments from 
interested parties regarding Goldenpalm, nor has any party submitted 
record evidence which would call our preliminary determination of no 
shipments into question. Therefore, for the final results, we continue 
to find that Goldenpalm had no shipments of subject merchandise during 
the POR. Accordingly, consistent with Commerce's practice, we intend to 
instruct U.S. Customs and Border Protection (CBP) to liquidate any 
existing entries of merchandise produced by Goldenpalm, but exported by 
other parties, at the rate for the intermediate reseller, if available, 
or at the all-others rate.\4\
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    \4\ 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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Application of Adverse Facts Available

    For these final results, we continue to find that Magic 
International Pvt. Ltd. and Marisa International withheld information 
requested by Commerce, failed to provide the requested information in a 
timely manner, and significantly impeded the proceeding, warranting a 
determination on the basis of the facts available under section 776(a) 
of the Act. Therefore, we continue to find that Magic International 
Pvt. Ltd. and Marisa International have not acted to the best of their 
abilities and the application of adverse facts available, pursuant to 
sections 776(a) and (b) of the Act, is warranted.

Rates for Non-Selected Companies

    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

[[Page 17990]]

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, we calculated a margin for Navneet, the sole 
mandatory respondent, that was not zero, de minimis, or based on facts 
available. Accordingly, Commerce is assigning Navneet's rate to 
companies not selected for individual examination, which are listed 
below.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached to this notice as an Appendix. 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, we made changes to the margin analysis in the 
Preliminary Results regarding Navneet's U.S. date of sale variable, 
product form variable, and level of trade variable in the margin 
program.\5\
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    \5\ See Issues and Decision Memorandum at Comments 3, 4 and 5.
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Final Results of the Review

    As a result of this review, Commerce determines that the following 
weighted-average dumping margins exist for the period September 1, 
2019, through August 31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Navneet Education Ltd.......................................       20.22
Magic International Pvt. Ltd................................      215.93
Marisa International........................................      215.93
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              Companies Not Selected for Individual Review
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Lodha Offset Limited........................................       20.22
Pioneer Stationery Pvt. Ltd.................................       20.22
SGM Paper Products..........................................       20.22
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Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after publication of these final results in 
the Federal Register, in accordance with section 751(a) of the Act and 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), 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 Navneet, we calculated importer-specific ad valorem 
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. 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 which were not selected for individual review, we 
will assign an assessment rate based on the weighted-average dumping 
margin calculated for Navneet. The final results of this review shall 
be the basis for the assessment of antidumping duties on entries of 
merchandise covered by the final results of this review and for future 
deposits of estimated duties, where applicable.\6\
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    \6\ See section 751(a)(2)(C) of the Act.
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    For Goldenpalm, which we determined had no shipments during the 
POR, we will instruct CBP to liquidate any suspended entries associated 
with Goldenpalm pursuant to the reseller policy.\7\
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    \7\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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 will be effective for all 
shipments of certain lined paper products from India entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register, as provided for by 
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the 
companies listed above will be the rate established in the final 
results of this administrative review; (2) for merchandise exported by 
manufacturers 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 most recently established rate for the manufacturer or exporter 
in a completed segment of this proceeding; (3) if the exporter is not a 
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the manufacturer is, the cash deposit rate 
will be the most recently established rate for the manufacturer of the 
merchandise in a completed segment of the proceeding; 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 LTFV 
investigation.\8\
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    \8\ 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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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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 duties 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.

Notification Regarding Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of

[[Page 17991]]

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/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) of the Act, and 19 CFR 351.221(b)(5).

    Dated: March 21, 2022.
Lisa W. Wang,
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. Analysis of Comments
    Comment 1: Whether Commerce Should Revise Programming Code 
Regarding Costs of Products Sold Only in Third Countries
    Comment 2: Whether Commerce Should Allocate Certain Navneet 
Trust Expenses to Navneet
    Comment 3: Whether Commerce Should Revise the Product Form 
Variable in the Home Market Program
    Comment 4: Whether Commerce Should Revise the Level of Trade for 
U.S. Sales in the Margin Program
    Comment 5: Whether Commerce Should Revise the U.S. Sale Date in 
the Margin Program
V. Recommendation

[FR Doc. 2022-06520 Filed 3-28-22; 8:45 am]
BILLING CODE 3510-DS-P