80_FR_29398 80 FR 29300 - Certain Lined Paper Products From India: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review; 2010-2011

80 FR 29300 - Certain Lined Paper Products From India: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review; 2010-2011

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 98 (May 21, 2015)

Page Range29300-29301
FR Document2015-12337

On May 4, 2015, the United States Court of International Trade (the Court) issued Navneet II,\1\ which sustained the Final Remand Results \2\ that the Department of Commerce (the Department) issued in connection with Navneet I.\3\ In the Final Remand Results, the Department recalculated the weighted-average dumping margin that was established for 51 companies that neither failed to cooperate with the agency nor were selected for individual investigation (hereinafter referred to as the non-selected respondents).\4\ ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 98 (Thursday, May 21, 2015) 
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29300-29301]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Notice of Court Decision 
Not in Harmony With Final Results of Antidumping Duty Administrative 
Review and Notice of Amended Final Results of Antidumping Duty 
Administrative Review; 2010-2011

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 4, 2015, the United States Court of International Trade 
(the Court) issued Navneet II,\1\ which sustained the Final Remand 
Results \2\ that the Department of Commerce (the Department) issued in 
connection with Navneet I.\3\ In the Final Remand Results, the 
Department recalculated the weighted-average dumping margin that was 
established for 51 companies that neither failed to cooperate with the 
agency nor were selected for individual investigation (hereinafter 
referred to as the non-selected respondents).\4\
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    \1\ See Navneet Publications (India) Ltd. et al. v. United 
States, Court No. 13-00204, Slip. Op. 15-41 (CIT May 4, 2015) 
(Navneet II).
    \2\ See Final Results Of Redetermination Pursuant To Court 
Remand, Court No. 13-00204, Slip Op. 14-87 (December 4, 2014) (Final 
Remand Results), which is available at http://enforcement.trade.gov/remands/14-87.pdf.
    \3\ See Navneet Publications (India) Ltd. v. United States, 
Court No. 13-00204, Slip Op. 14-87 (CIT July 22, 2014) (Navneet I).
    \4\ See Final Remand Results at 12-17.
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    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (CAFC) in Timken,\5\ as clarified by Diamond 
Sawblades,\6\ the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's final 
results of the administrative review of the antidumping duty order on 
certain lined paper products from India covering the period of review 
September 1, 2010, through August 31, 2011 (POR).
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    \5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

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DATES: Effective Date: May 14, 2015.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson, AD/CVD Operations 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3797.

SUPPLEMENTARY INFORMATION: 

Background

    On April 15, 2013, the Department issued the Final Results.\7\ 
Navneet Education Ltd. (Navneet) \8\ and eight other companies \9\ 
timely filed

[[Page 29301]]

complaints with the Court and challenged certain aspects of the Final 
Results. In Navneet I, the Court remanded the Department's Final 
Results with respect to the Department's calculation of the 11.01 
percent non-selected rate assigned to 51 non-selected respondents. The 
Department based the non-selected rate on the simple average of the two 
mandatory respondents' zero rates and two (out of four) of the 22.02 
percent adverse facts available (AFA) rates assigned to the 
uncooperative respondents, which failed to respond to the Department's 
quantity and value questionnaire.\10\
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    \7\ See Certain Lined Paper Products from India: Final Results 
of Antidumping Duty Administrative Review; 2010-2011, 78 FR 22232 
(April 15, 2013) (Final Results) and accompanying Issues and 
Decision Memorandum (Final Decision Memorandum).
    \8\ Navneet Education Ltd. (Navneet) was formally known as 
Navneet Publications (India) Ltd. See Certain Lined Paper Products 
From India: Final Results of Changed Circumstances Review, 79 FR 
35727 (June 24, 2014) (Navneet CCR Final Results).
    \9\ The other eight companies are: Marisa International; Riddhi 
Enterprises, Ltd.; Super Impex; Pioneer Stationary Pvt. Ltd.; SGM 
Paper Products; SAB International; Lodha Offset Limited; and Magic 
International Pvt. Ltd. By Court Order on June 20, 2013, Riddhi 
Enterprises, Ltd. and SAB International were dismissed from the 
litigation.
    \10\ See Navneet I at 19, referencing the Final Decision 
Memorandum at Comment 5.
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    On July 22, 2014, the Court remanded the Department's Final Results 
and instructed the Department to reconsider the following two issues: 
(1) That the rate assigned to the non-selected companies should be 
supported by ``substantial evidence,'' and (2) that the rate reflects 
the ``economic reality'' and ``pricing behavior'' of the non-selected 
respondents.\11\
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    \11\ See Navneet I at 15.
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    On December 4, 2014, the Department filed the Final Remand Results 
with the Court, in which it continued to find evidence of dumping 
during the POR, drew an inference that the behavior of uncooperative 
respondents reflects rational choice, and, thus, found it reasonable to 
assign an above de minimis margin to the non-selected respondents.\12\ 
In the Final Remand Results, the Department explained that this 
approach complied with the Court's holding in Navneet I that the non-
selected margin be tied to the relevant factual circumstances of the 
administrative review and the economic reality of the non-selected 
respondents.\13\ On May 4, 2015, the Court entered judgment sustaining 
the Final Remand Results.\14\
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    \12\ See Final Remand Results 14-15.
    \13\ Id.
    \14\ See Navneet II at 11.
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Timken Notice

    In Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the 
CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, 
as amended (the Act), the Department must publish a notice of a court 
decision that is not ``in harmony'' with a Department determination and 
must suspend liquidation of entries pending a ``conclusive'' court 
decision. The Court's judgment in Navneet II sustaining the Final 
Remand Results constitutes a final decision of the Court that is not in 
harmony with the Department's Final Results. This notice is published 
in fulfillment of the publication requirement of Timken.

Amended Final Results

    Because there is now a final court decision, the Department is 
amending the Final Results with respect to Navneet and the other non-
selected, cooperative exporters that are plaintiffs in this case. The 
revised weighted-average dumping margins for these exporters during the 
period September 1, 2010, through August 31, 2011, are as follows:

         Weighted-Average Dumping Margin for Plaintiff Exporters
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Lodha Offset Limited........................................        0.50
Magic International Pvt Ltd.................................        0.50
Marisa International........................................        0.50
Navneet Education Ltd \15\..................................        0.50
Pioneer Stationery Pvt. Ltd.................................        0.50
SGM Paper Products..........................................        0.50
Super Impex.................................................        0.50
------------------------------------------------------------------------

    Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal or, if appealed, pending a final and conclusive court 
decision. In the event the Court's ruling is not appealed or, if 
appealed, upheld by the CAFC, the Department will instruct U.S. Customs 
and Border Protection to assess antidumping duties on unliquidated 
entries of subject merchandise exported by the  above listed exporters 
at the rate listed above.
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    \15\ Navneet Education Ltd. is a successor in interest to 
Navneet Publications (India) Ltd. See Navneet CCR Final Results.
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Cash Deposit Requirements

    Since the Final Results, the Department has established a new cash 
deposit rate for Navneet Education Ltd. and Super Impex.\16\ Therefore, 
the cash deposit rate for these two companies does not need to be 
updated as a result of these amended final results The cash deposit 
rate will be the rate listed above for the remaining five companies 
listed above and subject to this remand.
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    \16\ See Certain Lined Paper Products From India: Final Results 
of Antidumping Duty Administrative Review; 2011-2012, 79 FR 26205 
(May 7, 2014); see also Certain Lined Paper Products From India: 
Final Results of Antidumping Duty Administrative Review; 2012-2013, 
80 FR 19278 (April 10, 2015).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: May 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-12337 Filed 5-20-15; 8:45 am]
BILLING CODE 3510-DS-P

29300 Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices report annually to the Department of require this sort of extra compensation Court) issued Navneet II, Commerce (Commerce) information on as a condition of awarding the contract sustained the Final Remand Results 2 contracts for the sale of defense articles to purchase the aircraft. As described in that the Department of Commerce (the or defense services to foreign countries the regulations, U.S. firms are required Department) issued in connection with or foreign firms that are subject to to report information on contracts for Navneet I. offsets agreements exceeding $5,000,000 the sale of defense articles or defense the Department recalculated the in value. U.S. firms are also required to services to foreign countries or foreign weighted-average dumping margin that report annually to Commerce firms that are subject to offsets was established for 51 companies that information on offsets transactions agreements exceeding $5,000,000 in neither failed to cooperate with the completed in performance of existing value. U.S. firms are also required to agency nor were selected for individual offsets commitments for which offsets report annually information on offsets investigation (hereinafter referred to as credit of $250,000 or more has been transactions completed in performance the non-selected respondents).4 claimed from the foreign representative. of existing offsets commitments for Consistent with the decision of the This year, such reports must include which offsets credit of $250,000 or more United States Court of Appeals for the relevant information from calendar year has been claimed from the foreign Federal Circuit (CAFC) in Timken, 2014 and must be submitted to representative. clarified by Diamond Sawblades, Commerce no later than June 15, 2015. Department is notifying the public that Commerce’s annual report to Congress the final judgment in this case is not in ADDRESSES: Reports should be includes an aggregated summary of the addressed to ‘‘Offsets Program Manager, harmony with the Department’s final data reported by industry in accordance results of the administrative review of U.S. Department of Commerce, Office of with the offsets regulations and the DPA Strategic Industries and Economic the antidumping duty order on certain (50 U.S.C. app. 2172 (2009)). As lined paper products from India Security, Bureau of Industry and provided by section 723(c) of the DPA, Security (BIS), Room 3878, Washington, covering the period of review September BIS will not publicly disclose 1, 2010, through August 31, 2011 (POR). DC 20230.’’ individual firm information it receives DATES: Effective Date: May 14, 2015. FOR FURTHER INFORMATION CONTACT: through offsets reporting unless the firm Ronald DeMarines, Office of Strategic FOR FURTHER INFORMATION CONTACT: furnishing the information specifically Cindy Robinson, AD/CVD Operations Industries and Economic Security, authorizes public disclosure. The Bureau of Industry and Security, U.S. Office III, Enforcement and Compliance, information collected is sorted and International Trade Administration, Department of Commerce, telephone: organized into an aggregate report of 202–482–3755; fax: 202–482–5650; U.S. Department of Commerce, 14th national offsets data, and therefore does Street and Constitution Avenue NW., email: ronald.demarines@bis.doc.gov. not identify company-specific SUPPLEMENTARY INFORMATION: Washington, DC 20230; telephone: (202) information. 482–3797. Background In order to enable BIS to prepare the SUPPLEMENTARY INFORMATION: Section 723(a)(1) of the Defense next annual offset report reflecting calendar year 2014 data, U.S. firms must Background Production Act of 1950, as amended (DPA) (50 U.S.C. app. 2172 (2009)), submit required information on offsets On April 15, 2013, the Department requires the President to submit an agreements and offsets transactions from issued the Final Results. annual report to Congress on the impact calendar year 2014 to BIS no later than Education Ltd. (Navneet) 8 and eight of offsets on the U.S. defense industrial June 15, 2015. other companies 9 timely filed base. Section 723(a)(2) directs the Dated: May 18, 2015. 1 See Navneet Publications (India) Ltd. et al. v. Secretary of Commerce (Secretary) to Kevin J. Wolf, United States, Court No. 13–00204, Slip. Op. 15– prepare the President’s report and to Assistant Secretary for Export 41 (CIT May 4, 2015) (Navneet II). develop and administer the regulations Administration. 2 See Final Results Of Redetermination Pursuant necessary to collect offsets data from To Court Remand, Court No. 13–00204, Slip Op. [FR Doc. 2015–12394 Filed 5–20–15; 8:45 am] 14–87 (December 4, 2014) (Final Remand Results), U.S. defense exporters. which is available at http://enforcement.trade.gov/ BILLING CODE 3510–JT–P The authorities of the Secretary remands/14-87.pdf. regarding offsets have been delegated to 3 See Navneet Publications (India) Ltd. v. United the Under Secretary of Commerce for States, Court No. 13–00204, Slip Op. 14–87 (CIT Industry and Security. The regulations DEPARTMENT OF COMMERCE July 22, 2014) (Navneet I). 4 See Final Remand Results at 12–17. associated with offsets reporting are set International Trade Administration 5 See Timken Co. v. United States, 893 F.2d 337 forth in part 701 of title 15 of the Code (Fed. Cir. 1990) (Timken). of Federal Regulations. Offsets are 6 See Diamond Sawblades Mfrs. Coalition v. compensation practices required as a [A–533–843] United States, 626 F.3d 1374 (Fed. Cir. 2010) condition of purchase in either (Diamond Sawblades). government-to-government or Certain Lined Paper Products From 7 See Certain Lined Paper Products from India: commercial sales of defense articles India: Notice of Court Decision Not in Final Results of Antidumping Duty Administrative Harmony With Final Results of Review; 2010–2011, 78 FR 22232 (April 15, 2013) and/or defense services, as defined by (Final Results) and accompanying Issues and the Arms Export Control Act and the Antidumping Duty Administrative Decision Memorandum (Final Decision International Traffic in Arms Review and Notice of Amended Final Memorandum). Regulations. For example, a company Results of Antidumping Duty 8 Navneet Education Ltd. (Navneet) was formally Administrative Review; 2010–2011 known as Navneet Publications (India) Ltd. See tkelley on DSK3SPTVN1PROD with NOTICES that is selling a fleet of military aircraft Certain Lined Paper Products From India: Final to a foreign government may agree to Results of Changed Circumstances Review, 79 FR AGENCY: Enforcement and Compliance, offset the cost of the aircraft by 35727 (June 24, 2014) (Navneet CCR Final Results). International Trade Administration, 9 The other eight companies are: Marisa providing training assistance to plant Department of Commerce. International; Riddhi Enterprises, Ltd.; Super managers in the purchasing country. Impex; Pioneer Stationary Pvt. Ltd.; SGM Paper Although this distorts the true price of SUMMARY: On May 4, 2015, the United Products; SAB International; Lodha Offset Limited; the aircraft, the foreign government may States Court of International Trade (the and Magic International Pvt. Ltd. By Court Order on VerDate Sep<11>2014 20:28 May 20, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.SGM 21MYN1

Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices 29301 complaints with the Court and that is not in harmony with the Notification to Interested Parties challenged certain aspects of the Final Department’s Final Results. This notice This notice is issued and published in Results. In Navneet I, the Court is published in fulfillment of the accordance with sections 516A(e), remanded the Department’s Final publication requirement of Timken. 751(a)(1), and 777(i)(1) of the Act. Results with respect to the Department’s calculation of the 11.01 percent non- Amended Final Results Dated: May 14, 2015. selected rate assigned to 51 non-selected Paul Piquado, Because there is now a final court respondents. The Department based the decision, the Department is amending Assistant Secretary for Enforcement and non-selected rate on the simple average Compliance. the Final Results with respect to of the two mandatory respondents’ zero Navneet and the other non-selected, [FR Doc. 2015–12337 Filed 5–20–15; 8:45 am] rates and two (out of four) of the 22.02 cooperative exporters that are plaintiffs BILLING CODE 3510–DS–P percent adverse facts available (AFA) in this case. The revised weighted- rates assigned to the uncooperative average dumping margins for these respondents, which failed to respond to exporters during the period September DEPARTMENT OF COMMERCE the Department’s quantity and value 1, 2010, through August 31, 2011, are as questionnaire.10 National Oceanic and Atmospheric follows: Administration On July 22, 2014, the Court remanded the Department’s Final Results and instructed the Department to reconsider WEIGHTED-AVERAGE DUMPING MARGIN RIN 0648–XD935 the following two issues: (1) That the FOR PLAINTIFF EXPORTERS rate assigned to the non-selected Mid-Atlantic Fishery Management companies should be supported by Weighted- Council (MAFMC); Fisheries of the average Northeastern United States; Scoping ‘‘substantial evidence,’’ and (2) that the Producer/exporter dumping rate reflects the ‘‘economic reality’’ and margin Process ‘‘pricing behavior’’ of the non-selected (percent) AGENCY:National Marine Fisheries respondents.11 Service (NMFS), National Oceanic and On December 4, 2014, the Department Lodha Offset Limited .................. 0.50 filed the Final Remand Results with the Magic International Pvt Ltd ......... 0.50 Atmospheric Administration (NOAA), Court, in which it continued to find Marisa International .................... 0.50 Commerce. evidence of dumping during the POR, Navneet Education Ltd 15 ........... 0.50 ACTION: Notice of intent to prepare an Pioneer Stationery Pvt. Ltd ........ 0.50 environmental impact statement (EIS); drew an inference that the behavior of SGM Paper Products ................. 0.50 notice of initiation of scoping process; uncooperative respondents reflects Super Impex ............................... 0.50 notice of public scoping meetings; rational choice, and, thus, found it reasonable to assign an above de request for comments. minimis margin to the non-selected Accordingly, the Department will continue the suspension of liquidation SUMMARY: The Mid-Atlantic Fishery respondents.12 In the Final Remand of the subject merchandise pending the Management Council announces its Results, the Department explained that expiration of the period of appeal or, if intent to prepare, in cooperation with this approach complied with the Court’s appealed, pending a final and NMFS, either an amendment to the holding in Navneet I that the non- conclusive court decision. In the event fishery management plan for golden selected margin be tied to the relevant the Court’s ruling is not appealed or, if tilefish or a new fishery management factual circumstances of the appealed, upheld by the CAFC, the plan. In either case, the reason for action administrative review and the economic reality of the non-selected Department will instruct U.S. Customs is to develop conservation and respondents.13 On May 4, 2015, the and Border Protection to assess management measures for blueline Court entered judgment sustaining the antidumping duties on unliquidated tilefish off the Mid-Atlantic. To support Final Remand Results.14 entries of subject merchandise exported this effort, the Council may prepare an by the above listed exporters at the rate environmental impact statement in Timken Notice listed above. accordance with the National In Timken, 893 F.2d at 341, as Environmental Policy Act to analyze the clarified by Diamond Sawblades, the Cash Deposit Requirements impacts of any proposed management CAFC held that, pursuant to section measures. This notice announces a Since the Final Results, the public process for determining the 516A(e) of the Tariff Act of 1930, as Department has established a new cash amended (the Act), the Department scope of issues to be addressed, for deposit rate for Navneet Education Ltd. identifying concerns and potential must publish a notice of a court and Super Impex.16 Therefore, the cash decision that is not ‘‘in harmony’’ with alternatives related to management of deposit rate for these two companies blueline tilefish off the Mid-Atlantic, a Department determination and must does not need to be updated as a result suspend liquidation of entries pending and for determining the appropriate of these amended final results The cash level of environmental analysis. This a ‘‘conclusive’’ court decision. The deposit rate will be the rate listed above Court’s judgment in Navneet II notice alerts the interested public of the for the remaining five companies listed scoping process, the potential sustaining the Final Remand Results above and subject to this remand. constitutes a final decision of the Court development of an environmental impact statement or environmental 15 Navneet Education Ltd. is a successor in assessment as appropriate, and provides tkelley on DSK3SPTVN1PROD with NOTICES June 20, 2013, Riddhi Enterprises, Ltd. and SAB interest to Navneet Publications (India) Ltd. See International were dismissed from the litigation. Navneet CCR Final Results. for public participation in that process. 10 See Navneet I at 19, referencing the Final 16 See Certain Lined Paper Products From India: Five scoping hearings will be held in Decision Memorandum at Comment 5. 11 See Navneet I at 15. Final Results of Antidumping Duty Administrative June 2015 for this action. Review; 2011–2012, 79 FR 26205 (May 7, 2014); see 12 See Final Remand Results 14–15. DATES: The meetings will be held also Certain Lined Paper Products From India: Final 13 Id. Results of Antidumping Duty Administrative between June 1, 2015, and June 18, 14 See Navneet II at 11. Review; 2012–2013, 80 FR 19278 (April 10, 2015). 2015, as described below. Written VerDate Sep<11>2014 20:28 May 20, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.SGM 21MYN1


Document Created: 2018-10-24 10:26:02
Document Modified: 2018-10-24 10:26:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: May 14, 2015.
ContactCindy Robinson, AD/CVD Operations Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3797.
FR Citation80 FR 29300 
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