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Published Document: 2024-23499 (89 FR 82212)
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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to Navneet Education Limited (Navneet), a producer/exporter of certain lined paper products (lined paper) from India. The period of review (POR) is January 1, 2022, through December 31, 2022. Interested parties are invited to comment on these preliminary results.
DATES:
Applicable October 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Peter Zukowski, 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) 482-0189.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published the countervailing duty order on lined paper from India in the
Federal Register.[1]
On November 15, 2023, based on timely requests for review, Commerce initiated this administrative review of the Order.[2]
On January 18, 2024, Commerce issued the initial questionnaire to Navneet, the sole producer/exporter subject to this administrative review.[3]
On May 2, 2024, Commerce extended the deadline for the preliminary results of this review 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.
For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.[6]
A list of topics included in the Preliminary Decision Memorandum is provided as 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.
Scope of the Order
The product covered by the Order is lined paper from India. For a complete description of the scope of the
Order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance with 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy,
i.e.
, a financial contribution by an “authority” that gives rise to a benefit to the recipient, and that the subsidy is specific.[7]
For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we preliminarily determine the following net countervailable subsidy rate exists for the POR, January 1, 2022, through December 31, 2022:
Company
Subsidy rate
(percent
ad valorem)
Navneet Education Limited
2.50
Disclosure
Commerce intends to disclose its calculations and analysis performed in connection with these preliminary results to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
Public Comment
Because Commerce intends to address the new subsidy allegations following these preliminary results, interested parties will be notified of the deadline for the submission of case briefs at a later date.[8]
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.[9]
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.[10]
All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline.
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
( printed page 82213)
a public, executive summary for each issue raised in their briefs.[11]
Further, we request that interested parties limit their 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).[12]
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce will inform parties of the scheduled date for the hearing.[13]
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. 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
Pursuant to section 751(a)(2)(C) of the Act, upon publication of the final results, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount indicated above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review, except where the rate calculated in the final results is zero or
de minimis. These cash deposit instructions, when imposed, shall remain in effect until further notice.
Final Results
Unless the deadline is extended pursuant to section 751(a)(3)(a) of the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues by the parties in any written briefs, no later than 120 days after the date of publication of these preliminary results.
Notification to Interested Parties
We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 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—List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of India's Economy
V. Subsidies Valuation
VI. Analysis of Programs
VII. Recommendation
Footnotes
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).
4.
See
Memorandum, “Certain Lined Paper Products from India: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,” dated May 2, 2024.
6.
See
Memorandum, “Decision Memorandum for the Preliminary Results of the Administrative Review of the Countervailing Duty Order on Certain Lined Paper Products from India; 2022,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
7.
See
sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.
9.
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).