82 FR 14201 - Certain Lined Paper Products From India: Final Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 51 (March 17, 2017)

On October 14, 2016, the Department of Commerce (the Department) published the Preliminary Results of the administrative review of the antidumping duty order on certain lined paper products (CLPP) from India. The period of review (POR) is September 1, 2014, through August 31, 2015. This review covers two mandatory respondents, Kokuyo Riddhi Paper Products Private Limited (Kokuyo Riddhi) and Navneet Education Limited (Navneet). For these final results, we find that neither Kokuyo Riddhi nor Navneet made sales below normal value during the POR. See the ``Final Results of the Review'' section below.

[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14201-14203]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05357]


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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; 2014-2015

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

SUMMARY: On October 14, 2016, the Department of Commerce (the 
Department) published the Preliminary Results of the administrative 
review of the antidumping duty order on certain lined paper products 
(CLPP) from India. The period of review (POR) is September 1, 2014, 
through August 31, 2015. This review covers two mandatory respondents, 
Kokuyo Riddhi Paper Products Private Limited (Kokuyo Riddhi) and 
Navneet Education Limited (Navneet). For these final results, we find 
that neither Kokuyo Riddhi nor Navneet made sales below normal value 
during the POR. See the ``Final Results of the Review'' section below.

DATES: Effective March 17, 2017.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson for Navneet and George 
McMahon for Kokuyo Riddhi, 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) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2016, Petitioner submitted new factual information 
regarding Navneet's U.S. sales data.\1\ Given the timing of the 
submission, the Department could not address this new factual 
information in the Preliminary Results.\2\ The Department invited 
interested parties to submit comments no later than October 24, 
2016,\3\ and to submit follow-up comments as part of their case and 
rebuttal briefs no later than November 14, 2016, and November 21, 2016, 
respectively.\4\ On October 24, 2016, Navneet submitted comments on the 
new factual information.\5\ On November 3, 2016, Petitioner submitted 
rebuttal comments regarding the new factual information.\6\
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    \1\ See Petitioner's letter titled, ``Certain Lined Paper 
Products from India: General New Factual Information Submission,'' 
dated September 7, 2016.
    \2\ See Certain Lined Paper Products from India: Notice of 
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015, 81 FR 71046 (October 14, 2016) (Preliminary Results), and 
accompanying Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, titled ``Decision Memorandum for the Preliminary Results 
of the Antidumping Duty Administrative Review: Certain Lined Paper 
Products from India; 2014-2015,'' dated October 5, 2016 (Preliminary 
Decision Memorandum). The Preliminary Decision Memorandum can be 
accessed directly at: http://enforcement.trade.gov/frn/index.html.
    \3\ See Letter titled, ``Filings by the Association of American 
School Paper Suppliers (Petitioners) and Navneet Education Ltd. 
(Navneet) Concerning Navneet's Alleged Under Reporting of U.S. 
Sales,'' dated September 27, 2016.
    \4\ See Letter titled, ``New Factual Information Filed by the 
Association of American School Paper Suppliers (Petitioner) and 
Extension of Deadline to Submit New Factual Information Pertaining 
to Navneet Education Ltd.'s (Navneet) Sales Reporting,'' dated 
September 27, 2016.
    \5\ See Navneet's letter titled, ``Certain Lined Paper Products 
from India: Response of Navneet Education Limited to Non-Reported 
Sales Allegation,'' dated October 24, 2016.
    \6\ See Petitioner's letter titled, ``Certain Lined Paper 
Products from India: Response Comments to Navneet's New Factual 
Information Related to Unreported U.S. Sales; Extension Request for 
the Case Briefs,'' dated November 3, 2016.
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    On October 14, 2016, the Department published the Preliminary 
Results. On November 14, 2016, Kokuyo Riddhi \7\ and Navneet timely 
submitted their case briefs.\8\ On November 21, 2016, Navneet submitted 
its rebuttal brief.\9\ On November 14, 2016, Petitioner submitted a 
request for a hearing, which it subsequently withdrew on December, 15, 
2016.\10\ On February 6, 2017, the Department postponed the final 
results by 30 days, until March 13, 2017.\11\
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    \7\ The Department has determined that Kokuyo Riddhi Paper 
Products Private Limited (Kokuyo Riddhi) is the successor-in-
interest to Riddhi Enterprises. See Certain Lined Paper Products 
from India: Notice of Final Results of Antidumping Duty Changed 
Circumstances Review, 80 FR 18373 (April 6, 2015) (Final Results of 
CCR--Kokuyo Riddhi), and the accompanying Issues and Decision 
Memorandum. Accordingly, we refer to Kokuyo Riddhi and Riddhi 
Enterprises as Kokuyo Riddhi in this review.
    \8\ See Kokuyo Riddhi's letter titled, ``Certain Lined Paper 
Products from India: Kokuyo Riddhi Case Brief,'' dated November 14, 
2016; see also Navneet's letter titled, ``Certain Lined Paper 
Products from India: Case Brief of Navneet Education Limited,'' 
dated November 14, 2016; see also Petitioner's letter titled, 
``Certain Lined Paper Products from India: Case Brief,'' dated 
November 14, 2016.
    \9\ See Navneet's letter titled, ``Certain Lined Paper Products 
from India: Rebuttal Brief of Navneet Education Limited,'' dated 
November 21, 2016.
    \10\ See Petitioner's letter titled, ``Certain Lined Paper 
Products from India: Hearing Request,'' dated November 14, 2016; see 
also Memorandum to the File titled, ``Petitioner's Request for a 
Meeting in Lieu of a Hearing,'' dated December 19, 2016.
    \11\ See Memorandum titled ``Certain Lined Paper Products from 
India: Extension of Time Limit for Final Results of Antidumping Duty 
Administrative Review; 2014-2015,'' dated February 3, 2017. 
Postponing the final results by 30 days would place the deadline on 
Sunday, March 12, 2017. The Department's practice dictates that 
where a deadline falls on a weekend or federal holiday, the 
appropriate deadline is the next business day. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005).
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Scope of the Order

    The merchandise covered by the order 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.\12\
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    \12\ For a complete description of the Scope of the Order, see 
Memorandum from Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, titled ``Certain Lined Paper Products from India: Issues 
and Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review; 2014-2015,'' dated concurrently with and 
hereby adopted by this notice (``Issues and Decision Memorandum'').
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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 an Appendix. The Issues and 
Decision Memorandum is a

[[Page 14202]]

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 in the Central Records Unit (CRU), room 
B8024 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://enforcement.trade.gov/frn/index.html. 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 made the 
following company-specific changes to Navneet's final margin 
calculation: (1) We made changes to the SAS Comparison Market and 
Margin Programs for the beginning date for U.S. sales; (2) we corrected 
the margin program by applying the U.S. dollar denomination for the 
duty drawback credit; and (3) we corrected the comparison market 
program by applying the net quantity NTQTY2H, net of returns, as the 
home market sales quantity. We also corrected the draft liquidation 
instructions for both Navneet and Kokuyo Riddhi. As a result of these 
changes, the weighted-average dumping margin for Navneet and the non-
selected companies has changed.

Final Results of the Review

    As a result of this review, the Department calculated a dumping 
margin of zero for both Kokuyo Riddhi and Navneet. We are applying to 
the non-selected companies the rates calculated for the mandatory 
respondents in these final results, as referenced below.\13\
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    \13\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016) (Albemarle).

------------------------------------------------------------------------
                                                              Weighted -
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Kokuyo Riddhi Paper Products Private Limited................        0.00
Navneet Education Ltd.......................................        0.00
Goldenpalm Manufacturers PVT Limited........................        0.00
Magic International Pvt. Ltd................................        0.00
Marisa International (Marisa)...............................        0.00
Pioneer Stationery Pvt Ltd (Pioneer)........................        0.00
SGM Paper Products..........................................        0.00
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Duty Assessment

    The Department shall determine and Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries.\14\ 
Pursuant to the Final Modification for Reviews, because the above-
listed respondents' weighted-average dumping margins are zero, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\15\ We intend to issue assessment instructions 
directly to CBP 15 days after publication of the final results of this 
review.
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    \14\ In these Final 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) (Final Modification for 
Reviews).
    \15\ Id., 77 FR at 8102.
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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) of the Tariff Act of 1930, as amended (the Act): (1) The cash 
deposit rate for respondents noted 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 
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 manufacturer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the manufacturer of the 
subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 3.91 percent, the all-
others rate established in the original antidumping duty 
investigation.\16\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \16\ 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).
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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 assessment of doubled antidumping duties.

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 and 19 CFR 351.213(h).

    Dated: March 13, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. List of Comments
III. Background
IV. Scope of the Order
V. Analysis of Comments

Comments Concerning Navneet

    1. Completeness and Accuracy of the Reported U.S. Sales Data
    2. Adjustment for the Beginning Date of U.S. Sales in the Margin 
Program
    3. Adjustment for Unreimbursed Indian Excise Tax Credit
    4. Revision to Duty Drawback Denomination in the SAS Margin 
Program
    5. Revision to Incorrect Quantity (QTYH) in the SAS Comparison 
Market Program
    6. Revision to Importer-Specific Rates in the Liquidation 
Instructions

[[Page 14203]]

Comment Concerning Kokuyo Riddhi

    7. Inclusion of a Customer Name in Kokuyo Riddhi's Liquidation 
Instructions
VI. Recommendation

[FR Doc. 2017-05357 Filed 3-16-17; 8:45 am]
 BILLING CODE 3510-DS-P