Enforcement and Compliance, International Trade Administration, Department of Commerce.
On October 23, 2013, the Department of Commerce (the Department) published in the Federal Register the Preliminary Results of the antidumping duty administrative review of certain lined paper products from India (CLPP), and gave interested parties an opportunity to comment on the Preliminary Results.
The review covers two companies, Navneet Publications (India) Ltd. (Navneet) and AR Printing & Packaging (India) Pvt. Ltd. (AR Printing).
The period of review (POR) is September 1, 2011, through August 31, 2012. As a result of our analysis of the comments and information received, these final results differ from the Preliminary Results.
For these final results, we find that Navneet has not made sales of subject merchandise at less than normal value. In addition, we determine that AR Printing, the sole non-selected respondent, will receive the non-selected margin of 11.01 percent in these final results.
Effective Date: May 7, 2014.
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FOR FURTHER INFORMATION CONTACT:
Cindy Robinson or Eric B. Greynolds, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3797, and (202) 482-6071, respectively.
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Comments From Interested Parties
On October 23, 2013, the Department published the Preliminary Results. In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to comment on our Preliminary Results.
As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013. Therefore, all deadlines in this segment of the proceeding have been extended by 16 days.
Pursuant to the Tolling Memo, the deadlines for briefs and the final results of this review were revised with due dates of December 9 and December 14, 2013, for case and rebuttal briefs, respectively, and March 7, 2014, for the final results.
On December 9, 2013, Navneet submitted its case brief, and on December 11, 2013, Petitioners filed their case brief.
On January 3, 2014, Navneet filed its rebuttal brief.
On February 20, 2014, the Department issued a memorandum extending the time period for issuing the final results of this administrative review from March 7, 2014, to May 9, 2014.
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Scope of the Order
The merchandise covered by the CLPP Order 
is certain lined paper products. The product 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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised and to which we responded is attached to this notice as 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 (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://trade.gov/enforcement. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we recalculated Navneet's weighted-average dumping margins. Navneet's adjustments are discussed in detail in the accompanying final calculation memoranda.
Furthermore, following the changes to the dumping margins for the sole mandatory respondent in these final results,
the rate for the sole non-selected respondent has also changed. See next sections for details.
Rate for the Respondent Not Selected for Individual Examination
Generally, when calculating the margin for non-selected respondents, the Department looks to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all-others margin in an investigation. Section 735(c)(5)(A) of the Act provides that when calculating the all-others margin, the Department will exclude any zero and de minimis weighted-average dumping margins, as well as any weighted-average dumping margins based on total facts available. Accordingly, the Department's usual practice has been to average the margins for selected respondents, excluding margins that are zero, de minimis, or based entirely on facts available.
Section 735(c)(5)(B) of the Act also provides that where all rates are zero, de minimis or based on total facts available, the Department may use “any reasonable method” to establish the rate for non-selected respondents, including “averaging the estimated weighted average dumping margins determined for the exporters and producers individually investigated.”
In this review, we calculated a de minimis weighted-average dumping margin for the sole mandatory respondent. In past reviews, the Department determined that a “reasonable method” to use when, as here, the margin for the respondent selected for individual examination is de minimis, is to assign non-selected respondents the average of the most recently determined margins that are not zero, de minimis, or based entirely on facts available (which may be from a prior review or new shipper review).
However, if a non-selected respondent has its own calculated margin that is contemporaneous with or more recent than previous margins, the Department applies the individually-calculated margin to the non-selected respondent, including when that margin is zero or de minimis.
We determine that a reasonable method for assigning a non-selected margin to AR Printing in this review is to utilize the non-selected margin of 11.01 percent utilized in the prior administrative review.
This non-selected margin does not rely on the zeroing methodology.
For further discussion, see the Issues and Decision Memorandum.
Final Results of the Review
As a result of this review, the Department determines that the dumping margins for the POR are as follows:
A. Calculated Rate for Mandatory Respondent:
|Navneet Publications (India) Ltd.||* 0.25|
|* de minimis.|
B. Rate for the Non-Selected, Cooperative Respondent:
|A R Printing & Packaging India||11.01|
Pursuant section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department determines, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review.Start Printed Page 26207
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific ad valorem 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 sales. Where the assessment rate is above de minimis, we will instruct CBP to assess duties on all entries of subject merchandise by that importer. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is de minimis (i.e., less than 0.50 percent).
The Department clarified its “automatic assessment” regulation on May 6, 2003.
This clarification applies to entries of subject merchandise during the POR produced by companies examined in this review (i.e., companies for which a dumping margin was calculated) where the companies did not know that their merchandise 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.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication of the notice of these final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) For companies covered by this review, the cash deposit rate will be the rates listed above; (2) for previously reviewed or investigated companies other than those covered by this review, the cash deposit rate will be the company-specific rate established for the most recent period; (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 recent period for the producer of the subject merchandise; and (4) if neither the exporter nor the producer is a firm covered in this review, a prior review, or the original investigation, the cash deposit rate will be 3.91 percent, the all-others rate established in the original investigation.
These cash deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed.
Administrative Protective Order
This notice also serves as a reminder to parties subject to administrative protective orders (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/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.
We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 30, 2014.
Assistant Secretary for Enforcement and Compliance.
II. List of Comments in the Accompanying Final Issues and Decision Memorandum:
Comment 1: Whether Navneet's Claim for Duty Drawback Adjustments Are Valid
Comment 2: Calculation Error Regarding Navneet's Drawback Credits
Comment 3: Whether Navneet's Early Payment Discounts and Other Rebates Claims for Home Market Sales Are Valid
IV. The Proper Rate To Apply to AR Printing, the Non-Selected Respondent
V. Scope of the Order
VI. Analysis of Comments
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[FR Doc. 2014-10519 Filed 5-6-14; 8:45 am]
BILLING CODE 3510-DS-P