[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46764-46766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21588]


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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; 2015-2016

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on certain lined paper products 
(CLPP) from India, covering the period September 1, 2015, through 
August 31, 2016. This review covers two mandatory respondents, Navneet 
Education Ltd. (Navneet) and SAB International (SAB) and five non-
selected companies. We preliminarily find that Navneet and SAB did not 
sell subject merchandise at less than normal value (NV) during the 
period of review (POR). Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable October 6, 2017.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Sam 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) 482-3797 or (202) 482-7851, 
respectively.

Background

    On November 9, 2016, the Department published a notice of 
initiation of an administrative review of the antidumping order on 
lined paper from India.\1\ The Department initiated this administrative 
review covering the following nine companies: Kokuyo Riddhi Paper 
Products Pvt. Ltd. (Kokuyo Riddhi), Lodha Offset Limited (Lodha), Magic 
International Pvt. Ltd. (Magic), Marisa International (Marisa),

[[Page 46765]]

Navneet, Pioneer Stationery Pvt Ltd. (Pioneer), SAB, SGM Paper 
Products, and Super Impex.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 78778 (November 9, 2016) (Initiation 
Notice).
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    On May 15, 2017, the Department extended the deadline for the 
preliminary results to October 2, 2017.\2\ From July 19, 2017, through 
July 28, 2017, the Department conducted cost and sales verifications of 
SAB.\3\
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    \2\ See Memorandum, ``Certain Lined Paper Products from India: 
Extension of Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review; 2015-2016,'' dated May 15, 2017.
    \3\ See Memorandum, ``2015-2016 Antidumping Duty Administrative 
Review of Certain Lined Paper Products from India: Verification of 
Sales Questionnaire Responses of SAB International'' dated September 
29, 2017 (SAB Sales Verification Report); see also Memorandum, 
``2015-2016 Antidumping Administrative Review of Certain Lined Paper 
Products from India: Verification of Cost Questionnaire Responses of 
SAB International'' dated September 29, 2017 (SAB Cost Verification 
Report).
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Scope of the Order

    The merchandise covered by the CLPP Order \4\ is certain lined 
paper products. The merchandise subject to this order is currently 
classified under the following Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040, 
4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020, 
4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and 
4820.10.4000. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written product description remains 
dispositive.\5\
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    \4\ 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) 
(CLPP Order).
    \5\ For a complete description of the Scope of the Order, see 
Memorandum titled, ``Decision Memorandum for the Preliminary Results 
of Antidumping Duty Administrative Review: Certain Lined Paper 
Products from India; 2015-2016,'' dated concurrently with and hereby 
adopted by this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    Lodha and Marisa reported that they made no shipments of subject 
merchandise to the United States during the POR. To confirm Lodha's and 
Marisa's no shipment claims, the Department issued a no-shipment 
inquiry to U.S. Customs and Border Protection (CBP) requesting that it 
review Lodha's and Marisa's no-shipment claims.\6\ CBP did not report 
that it had any information to contradict Lodha's and Marisa's claims 
of no shipments during the POR.
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    \6\ See No Shipments Inquiry for certain lined paper products 
from India Produced and/or Exported by Lodha Offset and Marisa 
International (A-533-843), message number 6365302 (December 30, 
2016).
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    Given that Lodha and Marisa certified that they made no shipments 
of subject merchandise to the United States during the POR, and there 
is no information calling their claims into question, we preliminarily 
determine that Lodha and Marisa did not have any reviewable 
transactions during the POR. Consistent with the Department's practice, 
we will not rescind the review with respect to Lodha and Marisa but, 
rather, will complete the review and issue instructions to CBP based on 
the final results.\7\
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    \7\ 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, at 
51306-51307 (August 28, 2014).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price or export price is calculated in accordance with section 
772 of the Act. Normal value is calculated in accordance with section 
773 of the Act. For a full description of the methodology underlying 
our preliminary results, see the Preliminary Decision Memorandum. 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 and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/index.html. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content.

Calculation of Normal Value Based on Constructed Value (CV)

    SAB reported that it made no sales in the home market during the 
POR.\8\ Pursuant to 773(a)(1)(C)(i) of the Act, we examined SAB's third 
country sales and have determined that such sales do not constitute a 
viable comparison market (CM) within the meaning of section 
773(a)(1)(B)(ii)(II) of the Act.\9\ Therefore, for these preliminary 
results, we relied on CV as the basis for calculating NV, in accordance 
with sections 773(a)(4) and (e) of the Act.\10\
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    \8\ See SAB's February 14, 2017 Section A Questionnaire Response 
(SAB February 14, 2017 AQR), at 3-4 and Exhibit A-1.
    \9\ Id.
    \10\ See Preliminary Decision Memorandum, at 18-22.
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Preliminary Results of the Review

    As a result of this review, we preliminarily calculated a dumping 
margin of zero percent for both Navneet and SAB. We are applying to the 
non-selected companies the rates calculated for the mandatory 
respondents in these preliminary results, as referenced below.\11\
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    \11\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016) (Albemarle).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Navneet Education Ltd.......................................        0.00
SAB International...........................................        0.00
Kokuyo Riddhi Paper Products Pvt. Ltd.......................        0.00
Magic International Pvt. Ltd................................        0.00
Pioneer Stationery Pvt Ltd..................................        0.00
SGM Paper Products..........................................        0.00
Super Impex.................................................        0.00
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Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. If the weighted-average dumping margin for 
Navneet or SAB is not zero or de minimis (i.e., less than 0.5 percent), 
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).\12\ We 
will instruct CBP to

[[Page 46766]]

assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate calculated in the 
final results of this review is above de minimis (i.e., 0.5 percent). 
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. 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 where 
applicable.
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    \12\ In these preliminary results, the Department 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 the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
each respondent for which it did not know that its merchandise was 
destined for the United States, 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.
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review 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 rate for respondents 
noted above will be the rates established in the final results of this 
administrative review; (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; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original 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 subject 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 investigation as modified by the section 129 
determination.\13\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \13\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the 
Uruguay Round Agreements Act and Revocations and Partial Revocations 
of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).
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Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\14\ 
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\15\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are requested to submit with the argument: (1) A 
statement of the issue, (2) a brief summary of the argument, and (3) a 
table of authorities.\16\ All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS.
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    \14\ See 19 CFR 351.224(b).
    \15\ See 19 CFR 351.309(d).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\17\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\18\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \17\ See 19 CFR 351.310(c).
    \18\ 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), the Department 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, 
within 120 days after issuance of these preliminary results.

Notification to Importers

    This notice 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 the 
Secretary's presumption that reimbursement of antidumping duties 
occurred and increase the subsequent assessment of the antidumping 
duties.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: October 2, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Extension of Preliminary Results
IV. Scope of the Order
V. Discussion of Methodology
Preliminary Determination of No Shipments
Date of Sale
Product Comparisons
Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    Export Price
    Normal Value
    A. Home Market Viability
    B. Level of Trade
    Navneet
    SAB
    C. Sales to Affiliated Customers
    D. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Prices and COP
    3. Results of COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Calculation of Normal Value Based on Constructed Value
    Margin for Companies Not Selected for Individual Examination
    Currency Conversion
VI. Recommendation

[FR Doc. 2017-21588 Filed 10-5-17; 8:45 am]
 BILLING CODE 3510-DS-P