82 FR 18112 - Certain Lined Paper Products From India: Final Results of Countervailing Duty Administrative Review; 2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 72 (April 17, 2017)
International Trade Administration
Federal Register Volume 82, Issue 72 (April 17, 2017)
| Page Range | 18112-18113 | |
| FR Document | 2017-07697 |
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)] [Notices] [Pages 18112-18113] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07697] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-844] Certain Lined Paper Products From India: Final Results of Countervailing Duty Administrative Review; 2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) has completed its administrative review of the countervailing duty (CVD) order on certain lined paper products from India for the period January 1, 2014 through December 31, 2014. This review covers Goldenpalm Manufacturers PVT Limited (Goldenpalm). Based on an analysis of the comments received, the Department has made changes to the subsidy rate determined for Goldenpalm. The final subsidy rate is listed below in the section entitled, ``Final Results of Administrative Review.'' DATES: Effective April 17, 2017. FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482-1009. Background On October 11, 2016, the Department published the Preliminary Results of this administrative review.\1\ On February 14, 2017, the Department issued its Post-Preliminary Analysis Memorandum.\2\ Based on the comments received from Petitioner \3\ and Goldenpalm, in these final results, we made changes to our methodology for the Export Promotion Capital Goods Scheme (EPCGS) program and corrected a ministerial error made in the context of our analysis of this program.\4\ --------------------------------------------------------------------------- \1\ See Certain Lined Paper Products from India: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2014, 81 FR 70091 (October 11, 2016), and accompanying Preliminary Decision Memorandum (collectively, Preliminary Results). \2\ See Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations from Erin Begnal, Director, Office III, Antidumping and Countervailing Duty Operations, ``Post-Preliminary Issues and Decision Memorandum,'' dated February 14, 2017 (Post-Preliminary Analysis Memorandum). \3\ Petitioner is the Association of American School Paper Suppliers. \4\ For a discussion of these issues, see the Issues and Decision Memorandum at Comment 5. --------------------------------------------------------------------------- [[Page 18113]] Scope of the Order The merchandise subject to the order is certain lined paper products. The products are currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 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. For a complete description of the scope of this administrative review, see Issues and Decision Memorandum.\5\ --------------------------------------------------------------------------- \5\ See Memorandum from James Maeder, Senior Director, Office I, Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Countervailing Duty Administrative Review: Certain Lined Paper Products from India,'' dated concurrently with, and hereby adopted this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received The issues raised by petitioner in its case brief and Goldenpalm in its rebuttal brief are addressed in the Issues and Decision Memorandum.\6\ A list of the issues raised, and to which we responded in the Issues and Decision Memorandum, is attached at the Appendix to this notice. 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 (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://trade.gov/enforcement/frn/index.html. The signed Issues and Decision Memorandum and electronic version of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \6\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.\7\ For a description of the methodology underlying all of the Department's conclusions, see the Issues and 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. --------------------------------------------------------------------------- Use of Facts Available and Adverse Inferences In making our findings, we relied, in part, on facts otherwise available with regard to the Duty Drawback (DDB) program. Further, because the Government of India did not act to the best of its ability to respond to the Department's requests for information concerning the DDB program, we drew an adverse inference in selecting from among the facts otherwise available, pursuant to sections 776(a) and (b) of the Act. See Issues and Decision Memorandum. Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(5), we determine the total estimated net countervailable subsidy rate for the mandatory respondent, Goldenpalm, for the period January 1, 2014, through December 31, 2014, to be: ------------------------------------------------------------------------ Company Net subsidy rate (percent) ------------------------------------------------------------------------ Goldenpalm Manufacturers PVT Limited.... 6.56 percent ad valorem. ------------------------------------------------------------------------ Assessment Rates Consistent with 19 CFR 351.212(b)(2), the Department intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of the final results of this review. We will instruct CBP to assess countervailing duties on all appropriate entries covered by this review in the amount listed above. Cash Deposit Instructions The Department intends to instruct CBP to collect cash deposits of estimated CVDs in the amount shown above for Goldenpalm on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of these results of review. For all non-reviewed firms, we will instruct CBP to collect cash deposits of estimated CVDs at the most recent company-specific or all-others rate applicable to the company. Accordingly, the cash deposit requirements that will be applied to companies covered by this order, but not examined in this review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed to interested parties within five days of the publication of these final results in accordance with 19 CFR 351.224(b). Administrative Protective Order This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or 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 these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 10, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background III. Scope of the Order IV. Subsides Valuation Information V. Use of Facts Otherwise Available and Adverse Inferences VI. Analysis of Programs VII. Analysis of Comments Comment 1: Whether the Department Should Reject Petitioner's Case Brief Comment 2: Whether the Department Should Attribute the Benefits that Goldenpalm Received Under Certain Export Promotion Capital Goods Scheme (EPCGS) Licenses to Exports of the Subject Merchandise. Comment 3: Whether the Department Should Allocate Benefits for Certain EPCGS Licenses Over the Average Useful Life (AUL) of the Subject Merchandise Comment 4: Whether the Department Should Apply Partial Adverse Facts Available (AFA) to Goldenpalm and Whether the Department Should Use Goldenpalm's Company-Specific Interest Rates as Benchmarks Comment 5: Whether Goldenpalm Understated Its EPCGS Benefits Comment 6: Whether the Department Should Find that the Annexure 45 Program Provides Countervailable Subsidies VIII. Recommendation [FR Doc. 2017-07697 Filed 4-14-17; 8:45 am] BILLING CODE 3510-DS-P
![18112 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices
substantial evidence on the record; (2) of the subject merchandise pending a DEPARTMENT OF COMMERCE
select the best surrogate value (SV) rate final and conclusive court decision.
for chlorine; (3) select the best SV for International Trade Administration
ammonium chloride; (4) select the best Amended Final Results
source of SV data for electricity; (5) Because there is now a final court [C–533–844]
reexamine the record evidence decision, we are amending the Final
regarding the SV for ammonium sulfate; Certain Lined Paper Products From
Results with respect to the dumping
(6) explain and support the India: Final Results of Countervailing
margins calculated for Kangtai, Jiheng,
Department’s change in by-product Duty Administrative Review; 2014
and Arch. Based on the Final
methodology; and (7) consider all
Redetermination, as affirmed by the CIT AGENCY: Enforcement and Compliance,
arguments from interested parties
concerning the deduction of in Kangtai II, the revised dumping International Trade Administration,
irrecoverable value added tax from U.S. margins for Kangtai, Jiheng, and Arch Department of Commerce.
price.4 from June 1, 2011, through May 31, SUMMARY: The Department of Commerce
Pursuant to Kangtai I, the Department 2012, are as follows: (Department) has completed its
issued its Final Redetermination, which administrative review of the
Margins countervailing duty (CVD) order on
addressed the Court’s holdings and Producer/exporter (percent)
revised the weighted-average dumping certain lined paper products from India
margins for Kangtai and Jiheng to 48.72 Juancheng Kangtai Chemical for the period January 1, 2014 through
percent and 27.99 percent, respectively, Co., Ltd ................................... 48.72 December 31, 2014. This review covers
and the simple average dumping margin Hebei Jiheng Chemical Co., Ltd 27.99 Goldenpalm Manufacturers PVT
for Arch to 38.36 percent.5 On January Arch Chemicals (China) Co., Ltd 38.36 Limited (Goldenpalm). Based on an
19, 2017, the CIT sustained the analysis of the comments received, the
Department’s Final Redetermination in Department has made changes to the
In the event that the CIT’s rulings are
full.6 Thus, the Court affirmed the subsidy rate determined for
not appealed or, if appealed, are upheld
following dumping margins as Goldenpalm. The final subsidy rate is
by a final and conclusive court decision, listed below in the section entitled,
calculated by the Department in the the Department will instruct Customs
Final Redetermination: 48.72 for ‘‘Final Results of Administrative
and Border Protection (CBP) to assess Review.’’
Kangtai, 27.99 for Jiheng, and 38.36 for
antidumping duties on unliquidated
Arch. DATES: Effective April 17, 2017.
entries of subject merchandise based on
Timken Notice the revised dumping margins listed FOR FURTHER INFORMATION CONTACT: John
In its decision in Timken,7 as clarified above. Conniff, AD/CVD Operations, Office III,
by Diamond Sawblades,8 the Court of Cash Deposit Requirements Enforcement and Compliance,
Appeals for the Federal Circuit held International Trade Administration,
that, pursuant to section 516A(e) of the Since the Final Results, the U.S. Department of Commerce, 1401
Tariff Act of 1930, as amended (the Act), Department has established a new cash Constitution Avenue NW., Washington,
the Department must publish a notice of deposit rate for Kangtai and Jiheng.9 DC 20230; telephone (202) 482–1009.
a court decision that is not ‘‘in Therefore, this amended final Background
harmony’’ with a Department determination does not change the later-
determination and must suspend established cash deposit rates for On October 11, 2016, the Department
liquidation of entries pending a Kangtai and Jiheng. Arch does not have published the Preliminary Results of
‘‘conclusive’’ court decision. The CIT’s a superseding cash deposit rate and, this administrative review.1 On
January 19, 2016, final judgment therefore, the Department will issue February 14, 2017, the Department
sustaining the Final Redetermination revised cash deposit instructions to issued its Post-Preliminary Analysis
constitutes a final decision of the Court CBP, adjusting the cash deposit rate for Memorandum.2 Based on the comments
that is not in harmony with the received from Petitioner 3 and
Arch to 38.36 percent, effective January
Department’s Final Results. This notice Goldenpalm, in these final results, we
29, 2017.
is published in fulfillment of the made changes to our methodology for
Timken publication requirements. Notification to Interested Parties the Export Promotion Capital Goods
Accordingly, the Department will Scheme (EPCGS) program and corrected
continue the suspension of liquidation This notice is issued and published in a ministerial error made in the context
accordance with section 516A(e)(1), of our analysis of this program.4
4 See Juancheng Kangtai Chemical Co., Ltd., et al. 751(a)(1), and 777(i)(1) of the Act.
v. United States, CIT Slip Op. 15–93, Consol. Ct. Dated: April 11, 2017. 1 See Certain Lined Paper Products from India:
No. 14–00056 (August 21, 2015) (Kangtai I). Preliminary Results of Countervailing Duty
5 See Department Memorandum, ‘‘Antidumping Ronald K. Lorentzen, Administrative Review; Calendar Year 2014, 81 FR
Duty Administrative Review of Chlorinated Acting Assistant Secretary for Enforcement 70091 (October 11, 2016), and accompanying
Isocyanurates from the People’s Republic of China: and Compliance. Preliminary Decision Memorandum (collectively,
Final Results of Redetermination Pursuant to Preliminary Results).
Remand,’’ April 15, 2016 (Final Redetermination) [FR Doc. 2017–07679 Filed 4–14–17; 8:45 am] 2 See Memorandum to Gary Taverman, Associate
(available at http://enforcement.trade.gov/remands/ BILLING CODE 3510–DS–P Deputy Assistant Secretary for Antidumping and
mstockstill on DSK30JT082PROD with NOTICES
15-93.pdf). Countervailing Duty Operations from Erin Begnal,
6 See Juancheng Kangtai Chemical Co., Ltd., et al. Director, Office III, Antidumping and
v. United States, CIT Slip Op. 17–3, Consol. Ct. No. Countervailing Duty Operations, ‘‘Post-Preliminary
14–00056 (January 19, 2017) (Kangtai II). Issues and Decision Memorandum,’’ dated February
7 See Timken Co. v. United States, 893 F.2d 337, 14, 2017 (Post-Preliminary Analysis Memorandum).
9 See, e.g., Chlorinated Isocyanurates from the
341 (Fed. Cir. 1990) (Timken). 3 Petitioner is the Association of American School
8 See Diamond Sawblades Mfrs. Coalition v. People’s Republic of China: Final Results of Paper Suppliers.
United States, 626 F.3d 1374 (Fed. Cir. 2010) Antidumping Duty Administrative Review; 2014– 4 For a discussion of these issues, see the Issues
(Diamond Sawblades). 2015, 82 FR 4852, 4852 (January 17, 2017). and Decision Memorandum at Comment 5.
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![Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices 18113
Scope of the Order the methodology underlying all of the imposed, shall remain in effect until
The merchandise subject to the order Department’s conclusions, see the Issues further notice.
is certain lined paper products. The and Decision Memorandum.
Disclosure
products are currently classifiable under Use of Facts Available and Adverse
the Harmonized Tariff Schedule of the Inferences We intend to disclose the calculations
United States (HTSUS) item numbers: performed to interested parties within
In making our findings, we relied, in
4811.90.9035, 4811.90.9080, five days of the publication of these
part, on facts otherwise available with
4820.30.0040, 4810.22.5044, final results in accordance with 19 CFR
regard to the Duty Drawback (DDB)
4811.90.9050, 4811.90.9090, 351.224(b).
program. Further, because the
4820.10.2010, 4820.10.2020,
Government of India did not act to the Administrative Protective Order
4820.10.2030, 4820.10.2040,
best of its ability to respond to the
4820.10.2050, 4820.10.2060, and This notice serves as a reminder to
Department’s requests for information
4820.10.4000. Although the HTSUS parties subject to administrative
concerning the DDB program, we drew
numbers are provided for convenience protective order (APO) of their
an adverse inference in selecting from
and customs purposes, the written responsibility concerning the
among the facts otherwise available,
product description remains dispositive. disposition of proprietary information
For a complete description of the pursuant to sections 776(a) and (b) of
the Act. See Issues and Decision disclosed under APO in accordance
scope of this administrative review, see
Memorandum. with 19 CFR 351.305(a)(3). Timely
Issues and Decision Memorandum.5
written notification of return or
Analysis of Comments Received Final Results of Administrative Review destruction of APO materials or
The issues raised by petitioner in its In accordance with 19 CFR conversion to judicial protective order is
case brief and Goldenpalm in its 351.221(b)(5), we determine the total hereby requested. Failure to comply
rebuttal brief are addressed in the Issues estimated net countervailable subsidy with the regulations and the terms of an
and Decision Memorandum.6 A list of rate for the mandatory respondent, APO is a sanctionable violation.
the issues raised, and to which we Goldenpalm, for the period January 1,
We are issuing and publishing these
responded in the Issues and Decision 2014, through December 31, 2014, to be:
results in accordance with sections
Memorandum, is attached at the Net subsidy 751(a)(1) and 777(i)(1) of the Act.
Appendix to this notice. The Issues and Company rate Dated: April 10, 2017.
Decision Memorandum is a public (percent)
document and is on file electronically Ronald K. Lorentzen,
via Enforcement and Compliance’s Goldenpalm Manufacturers 6.56 percent Acting Assistant Secretary for Enforcement
Antidumping and Countervailing Duty PVT Limited. ad valorem. and Compliance.
Centralized Electronic Service System Appendix
(ACCESS). ACCESS is available to Assessment Rates
registered users at https:// Consistent with 19 CFR 351.212(b)(2), I. Summary
access.trade.gov and to all parties in the the Department intends to issue II. Background
Central Records Unit, room B8024 of the III. Scope of the Order
assessment instructions to U.S. Customs
main Department of Commerce IV. Subsides Valuation Information
and Border Protection (CBP) 15 days
building. In addition, a complete V. Use of Facts Otherwise Available and
after the date of publication of the final
Adverse Inferences
version of the Issues and Decision results of this review. We will instruct VI. Analysis of Programs
Memorandum can be accessed directly CBP to assess countervailing duties on VII. Analysis of Comments
at http://trade.gov/enforcement/frn/ all appropriate entries covered by this Comment 1: Whether the Department
index.html. The signed Issues and review in the amount listed above. Should Reject Petitioner’s Case Brief
Decision Memorandum and electronic Comment 2: Whether the Department
version of the Issues and Decision Cash Deposit Instructions
Should Attribute the Benefits that
Memorandum are identical in content. The Department intends to instruct Goldenpalm Received Under Certain
CBP to collect cash deposits of Export Promotion Capital Goods Scheme
Methodology estimated CVDs in the amount shown (EPCGS) Licenses to Exports of the
The Department conducted this above for Goldenpalm on shipments of Subject Merchandise.
review in accordance with section subject merchandise entered, or Comment 3: Whether the Department
751(a)(1)(A) of the Tariff Act of 1930, as withdrawn from warehouse, for Should Allocate Benefits for Certain
amended (the Act). For each of the consumption on or after the date of EPCGS Licenses Over the Average Useful
subsidy programs found publication of these results of review. Life (AUL) of the Subject Merchandise
countervailable, we find that there is a For all non-reviewed firms, we will Comment 4: Whether the Department
subsidy, i.e., a government-provided instruct CBP to collect cash deposits of Should Apply Partial Adverse Facts
financial contribution that gives rise to estimated CVDs at the most recent Available (AFA) to Goldenpalm and
a benefit to the recipient, and that the company-specific or all-others rate Whether the Department Should Use
subsidy is specific.7 For a description of applicable to the company. Accordingly, Goldenpalm’s Company-Specific Interest
the cash deposit requirements that will Rates as Benchmarks
5 See Memorandum from James Maeder, Senior
be applied to companies covered by this Comment 5: Whether Goldenpalm
Director, Office I, Antidumping and Countervailing Understated Its EPCGS Benefits
order, but not examined in this review,
mstockstill on DSK30JT082PROD with NOTICES
Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and are those established in the most Comment 6: Whether the Department
Compliance, ‘‘Countervailing Duty Administrative recently completed segment of the Should Find that the Annexure 45
Review: Certain Lined Paper Products from India,’’ proceeding for each company. These Program Provides Countervailable
dated concurrently with, and hereby adopted this Subsidies
notice (Issues and Decision Memorandum). cash deposit requirements, when
VIII. Recommendation
6 See Issues and Decision Memorandum.
7 See sections 771(5)(B) and (D) of the Act of the Act regarding benefit; and, section 771(5A) [FR Doc. 2017–07697 Filed 4–14–17; 8:45 am]
regarding financial contribution; section 771(5)(E) of the Act regarding specificity. BILLING CODE 3510–DS–P
VerDate Sep<11>2014 17:14 Apr 14, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 9990 E:\FR\FM\17APN1.SGM 17APN1](https://thefederalregister.org/doc/82_FR_18184/page/2.svg)
Document Created: 2018-08-25 11:27:09
Document Modified: 2018-08-25 11:27:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective April 17, 2017. | |
| Contact | John Conniff, 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) 482-1009. | |
| FR Citation | 82 FR 18112 |
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