82_FR_46957 82 FR 46764 - Certain Lined Paper Products From India: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016

82 FR 46764 - Certain Lined Paper Products From India: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 193 (October 6, 2017)

Page Range46764-46766
FR Document2017-21588

In response to requests from interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain lined paper products (CLPP) from India, covering the period September 1, 2015, through August 31, 2016. This review covers two mandatory respondents, Navneet Education Ltd. (Navneet) and SAB International (SAB) and five non- selected companies. We preliminarily find that Navneet and SAB did not sell subject merchandise at less than normal value (NV) during the period of review (POR). Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017)
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46764-46766]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21588]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination of 
No Shipments; 2015-2016

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on certain lined paper products 
(CLPP) from India, covering the period September 1, 2015, through 
August 31, 2016. This review covers two mandatory respondents, Navneet 
Education Ltd. (Navneet) and SAB International (SAB) and five non-
selected companies. We preliminarily find that Navneet and SAB did not 
sell subject merchandise at less than normal value (NV) during the 
period of review (POR). Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable October 6, 2017.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Sam Brummitt, 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) 482-7851, 
respectively.

Background

    On November 9, 2016, the Department published a notice of 
initiation of an administrative review of the antidumping order on 
lined paper from India.\1\ The Department initiated this administrative 
review covering the following nine companies: Kokuyo Riddhi Paper 
Products Pvt. Ltd. (Kokuyo Riddhi), Lodha Offset Limited (Lodha), Magic 
International Pvt. Ltd. (Magic), Marisa International (Marisa),

[[Page 46765]]

Navneet, Pioneer Stationery Pvt Ltd. (Pioneer), SAB, SGM Paper 
Products, and Super Impex.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 78778 (November 9, 2016) (Initiation 
Notice).
---------------------------------------------------------------------------

    On May 15, 2017, the Department extended the deadline for the 
preliminary results to October 2, 2017.\2\ From July 19, 2017, through 
July 28, 2017, the Department conducted cost and sales verifications of 
SAB.\3\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Certain Lined Paper Products from India: 
Extension of Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review; 2015-2016,'' dated May 15, 2017.
    \3\ See Memorandum, ``2015-2016 Antidumping Duty Administrative 
Review of Certain Lined Paper Products from India: Verification of 
Sales Questionnaire Responses of SAB International'' dated September 
29, 2017 (SAB Sales Verification Report); see also Memorandum, 
``2015-2016 Antidumping Administrative Review of Certain Lined Paper 
Products from India: Verification of Cost Questionnaire Responses of 
SAB International'' dated September 29, 2017 (SAB Cost Verification 
Report).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the CLPP Order \4\ 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.\5\
---------------------------------------------------------------------------

    \4\ 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).
    \5\ For a complete description of the Scope of the Order, see 
Memorandum titled, ``Decision Memorandum for the Preliminary Results 
of Antidumping Duty Administrative Review: Certain Lined Paper 
Products from India; 2015-2016,'' dated concurrently with and hereby 
adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Lodha and Marisa reported that they made no shipments of subject 
merchandise to the United States during the POR. To confirm Lodha's and 
Marisa's no shipment claims, the Department issued a no-shipment 
inquiry to U.S. Customs and Border Protection (CBP) requesting that it 
review Lodha's and Marisa's no-shipment claims.\6\ CBP did not report 
that it had any information to contradict Lodha's and Marisa's claims 
of no shipments during the POR.
---------------------------------------------------------------------------

    \6\ See No Shipments Inquiry for certain lined paper products 
from India Produced and/or Exported by Lodha Offset and Marisa 
International (A-533-843), message number 6365302 (December 30, 
2016).
---------------------------------------------------------------------------

    Given that Lodha and Marisa certified that they made no shipments 
of subject merchandise to the United States during the POR, and there 
is no information calling their claims into question, we preliminarily 
determine that Lodha and Marisa did not have any reviewable 
transactions during the POR. Consistent with the Department's practice, 
we will not rescind the review with respect to Lodha and Marisa but, 
rather, will complete the review and issue instructions to CBP based on 
the final results.\7\
---------------------------------------------------------------------------

    \7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR, at 
51306-51307 (August 28, 2014).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price or export price is calculated in accordance with section 
772 of the Act. Normal value is calculated in accordance with section 
773 of the Act. For a full description of the methodology underlying 
our preliminary results, see the Preliminary Decision Memorandum. 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 and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/index.html. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content.

Calculation of Normal Value Based on Constructed Value (CV)

    SAB reported that it made no sales in the home market during the 
POR.\8\ Pursuant to 773(a)(1)(C)(i) of the Act, we examined SAB's third 
country sales and have determined that such sales do not constitute a 
viable comparison market (CM) within the meaning of section 
773(a)(1)(B)(ii)(II) of the Act.\9\ Therefore, for these preliminary 
results, we relied on CV as the basis for calculating NV, in accordance 
with sections 773(a)(4) and (e) of the Act.\10\
---------------------------------------------------------------------------

    \8\ See SAB's February 14, 2017 Section A Questionnaire Response 
(SAB February 14, 2017 AQR), at 3-4 and Exhibit A-1.
    \9\ Id.
    \10\ See Preliminary Decision Memorandum, at 18-22.
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Preliminary Results of the Review

    As a result of this review, we preliminarily calculated a dumping 
margin of zero percent for both Navneet and SAB. We are applying to the 
non-selected companies the rates calculated for the mandatory 
respondents in these preliminary results, as referenced below.\11\
---------------------------------------------------------------------------

    \11\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016) (Albemarle).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Navneet Education Ltd.......................................        0.00
SAB International...........................................        0.00
Kokuyo Riddhi Paper Products Pvt. Ltd.......................        0.00
Magic International Pvt. Ltd................................        0.00
Pioneer Stationery Pvt Ltd..................................        0.00
SGM Paper Products..........................................        0.00
Super Impex.................................................        0.00
------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. If the weighted-average dumping margin for 
Navneet or SAB is not zero or de minimis (i.e., less than 0.5 percent), 
we will calculate importer-specific ad valorem antidumping 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 same sales in accordance with 19 CFR 351.212(b)(1).\12\ We 
will instruct CBP to

[[Page 46766]]

assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate calculated in the 
final results of this review is above de minimis (i.e., 0.5 percent). 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final results of this review where 
applicable.
---------------------------------------------------------------------------

    \12\ In these preliminary 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).
---------------------------------------------------------------------------

    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
each respondent for which it did not know that its merchandise was 
destined for the United States, 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.
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

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)(C) of the Act: (1) The cash deposit rate for respondents 
noted above will be the rates established in the final results of this 
administrative review; (2) for merchandise exported by producers 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 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 3.91 percent, the all-others 
rate established in the investigation as modified by the section 129 
determination.\13\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \13\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the 
Uruguay Round Agreements Act and Revocations and Partial Revocations 
of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).
---------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\14\ 
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice. 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.\15\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are requested to submit with the argument: (1) A 
statement of the issue, (2) a brief summary of the argument, and (3) a 
table of authorities.\16\ All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.224(b).
    \15\ See 19 CFR 351.309(d).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\17\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\18\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), the Department will issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in their case briefs, 
within 120 days after issuance of these preliminary results.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during this review 
period. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of antidumping duties 
occurred and increase the subsequent assessment of the antidumping 
duties.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: October 2, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, 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. Extension of Preliminary Results
IV. Scope of the Order
V. Discussion of Methodology
Preliminary Determination of No Shipments
Date of Sale
Product Comparisons
Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    Export Price
    Normal Value
    A. Home Market Viability
    B. Level of Trade
    Navneet
    SAB
    C. Sales to Affiliated Customers
    D. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Prices and COP
    3. Results of COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Calculation of Normal Value Based on Constructed Value
    Margin for Companies Not Selected for Individual Examination
    Currency Conversion
VI. Recommendation

[FR Doc. 2017-21588 Filed 10-5-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    46764                           Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices

                                                    FOR FURTHER INFORMATION CONTACT:                         Analysis of Comments Received                           Dated: October 2, 2017.
                                                    Madeline Heeren, AD/CVD Operations,                                                                            Gary Taverman,
                                                    Office VI, Enforcement and Compliance,                      The issues discussed in the Decision               Deputy Assistant Secretary for Antidumping
                                                    U.S. Department of Commerce, 1401                        Memorandum are: (1) The likelihood of                 and Countervailing Duty Operations,
                                                    Constitution Avenue NW., Washington,                     continuation or recurrence of dumping,                performing the non-exclusive functions and
                                                    DC 20230; telephone (202) 482–9179.                      and (2) the magnitude of the margins of               duties of the Assistant Secretary for
                                                    SUPPLEMENTARY INFORMATION:                               dumping likely to prevail if these orders             Enforcement and Compliance.
                                                                                                             were revoked.4 Parties can find a                     [FR Doc. 2017–21590 Filed 10–5–17; 8:45 am]
                                                    Background                                               complete discussion of all issues raised              BILLING CODE 3510–DS–P
                                                       The Department published the                          in this review, and the corresponding
                                                    antidumping duty orders on butt-weld                     recommendations, in the Decision
                                                    fittings from Italy, Malaysia, and the                   Memorandum, which is on file                          DEPARTMENT OF COMMERCE
                                                    Philippines on February 23, 2001.1 On                    electronically via Enforcement and
                                                    June 2, 2017, pursuant to section 751(c)                                                                       International Trade Administration
                                                                                                             Compliance’s Antidumping and
                                                    of the Tariff Act of 1930, as amended                    Countervailing Duty Centralized                       [A–533–843]
                                                    (the Act), the Department initiated                      Electronic Service System (ACCESS).
                                                    sunset reviews of the antidumping duty                                                                         Certain Lined Paper Products From
                                                                                                             ACCESS is available to registered users
                                                    orders on butt-weld fittings from Italy,                                                                       India: Preliminary Results of
                                                                                                             at http://access.trade.gov and is
                                                    Malaysia, and the Philippines.2 On June                                                                        Antidumping Duty Administrative
                                                    16, 2017, the Department received a                      available to all parties in the Central               Review and Preliminary Determination
                                                    notice of intent to participate from Core                Records Unit in room B8024 of the main                of No Shipments; 2015–2016
                                                    Pipe Products, Inc.; Shaw Alloy Piping                   Commerce building. In addition, a
                                                    Products, Inc.; and Taylor Forge                         complete version of the Decision                      AGENCY:  Enforcement and Compliance,
                                                    Stainless, Inc. (collectively, the                       Memorandum can be accessed directly                   International Trade Administration,
                                                    Domestic Interested Parties), within the                 on the Internet at http://trade.gov/                  Department of Commerce.
                                                    deadline specified in 19 CFR                             enforcement/. The signed Decision                     SUMMARY: In response to requests from
                                                    351.218(d)(1)(i). The Domestic                           Memorandum and electronic versions of                 interested parties, the Department of
                                                    Interested Parties are manufacturers of a                the Decision Memorandum are identical                 Commerce (the Department) is
                                                    domestic like product in the United                      in content.                                           conducting an administrative review of
                                                    States and, accordingly, are domestic                                                                          the antidumping duty order on certain
                                                    interested parties pursuant to section                   Final Results of Review                               lined paper products (CLPP) from India,
                                                    771(9)(C) of the Act.                                                                                          covering the period September 1, 2015,
                                                                                                               Pursuant to sections 751(c)(1) and                  through August 31, 2016. This review
                                                       On June 30, 2017, the Department                      752(c)(1) and (3) of the Act, the
                                                    received an adequate substantive                                                                               covers two mandatory respondents,
                                                                                                             Department determines that revocation                 Navneet Education Ltd. (Navneet) and
                                                    response to the notice of initiation from
                                                                                                             of the antidumping duty orders of butt-               SAB International (SAB) and five non-
                                                    Domestic Interested Parties within the
                                                                                                             weld pipe fittings from Italy, Malaysia,              selected companies. We preliminarily
                                                    30-day deadline specified in 19 CFR
                                                    351.218(d)(3)(i). The Department did                     and the Philippines would likely to lead              find that Navneet and SAB did not sell
                                                    not receive any timely filed responses                   to a continuation or recurrence of                    subject merchandise at less than normal
                                                    from the respondent interested parties,                  dumping and that the magnitude of the                 value (NV) during the period of review
                                                    i.e., butt-weld fitting producers and                    dumping margins likely to prevail                     (POR). Interested parties are invited to
                                                    exporters from Italy, Malaysia, and the                  would be 26.59 percent for Italy, 7.51                comment on these preliminary results.
                                                    Philippines. On the basis of the notices                 percent for Malaysia, and up to 33.81                 DATES: Applicable October 6, 2017.
                                                    of intent to participate and adequate                    percent for the Philippines.                          FOR FURTHER INFORMATION CONTACT:
                                                    substantive responses filed by the                       Administrative Protective Order                       Cindy Robinson or Sam Brummitt, AD/
                                                    Domestic Interested Parties, and the                                                                           CVD Operations, Office III, Enforcement
                                                    inadequate response from any                               This notice also serves as the only                 and Compliance, International Trade
                                                    respondent interested party, the                         reminder to parties subject to                        Administration, U.S. Department of
                                                    Department conducted an expedited                        administrative protective order (APO) of              Commerce, 1401 Constitution Avenue
                                                    (120-day) sunset review of the order                     their responsibility concerning the                   NW., Washington, DC 20230; telephone
                                                    pursuant to section 751(c)(3)(B) of the                  return or destruction of proprietary                  (202) 482–3797 or (202) 482–7851,
                                                    Act and 19 CFR 351.218(e)(1)(ii)(C)(2).                  information disclosed under APO in                    respectively.
                                                    Scope of the Orders                                      accordance with 19 CFR 351.305.                       Background
                                                      The product covered by the Orders is                   Timely notification of the return of
                                                                                                             destruction of APO materials or                         On November 9, 2016, the Department
                                                    butt-weld fittings from Italy, Malaysia,                                                                       published a notice of initiation of an
                                                    and the Philippines.3                                    conversion to judicial protective order is
                                                                                                                                                                   administrative review of the
                                                                                                             hereby requested. Failure to comply
                                                                                                                                                                   antidumping order on lined paper from
                                                      1 See Antidumping Duty Orders: Stainless Steel         with the regulations and terms of an                  India.1 The Department initiated this
                                                    Butt-Weld Pipe Fittings from Italy, Malaysia, and        APO is a violation which is subject to                administrative review covering the
                                                    the Philippines, 66 FR 11257 (February 23, 2001)
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                             sanction.                                             following nine companies: Kokuyo
                                                    (LTFV Orders).
                                                      2 See Initiation of Five-Year (Sunset) Reviews, 82       The Department is issuing and                       Riddhi Paper Products Pvt. Ltd.
                                                    FR 25599 (June 2, 2017) (Sunset Initiation).             publishing these final results and notice             (Kokuyo Riddhi), Lodha Offset Limited
                                                      3 For a full description of the scope of the orders,
                                                                                                             in accordance with sections 751(c),                   (Lodha), Magic International Pvt. Ltd.
                                                    See Memorandum, ‘‘Issues and Decision
                                                    Memorandum for the Expedited Sunset Review of            752(c), and 777(i)(1) of the Act and 19               (Magic), Marisa International (Marisa),
                                                    the Antidumping Duty Orders on Stainless Steel           CFR 351.218.
                                                    Butt-Weld Pipe Fittings from Italy, Malaysia, and                                                                1 See Initiation of Antidumping and

                                                    the Philippines,’’ dated concurrently with this                                                                Countervailing Duty Administrative Reviews, 81 FR
                                                    notice (Decision Memorandum).                              4 Id.                                               78778 (November 9, 2016) (Initiation Notice).



                                               VerDate Sep<11>2014    18:40 Oct 05, 2017   Jkt 244001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\06OCN1.SGM   06OCN1


                                                                                   Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices                                                           46765

                                                    Navneet, Pioneer Stationery Pvt Ltd.                    that it had any information to contradict             Calculation of Normal Value Based on
                                                    (Pioneer), SAB, SGM Paper Products,                     Lodha’s and Marisa’s claims of no                     Constructed Value (CV)
                                                    and Super Impex.                                        shipments during the POR.                               SAB reported that it made no sales in
                                                      On May 15, 2017, the Department                                                                             the home market during the POR.8
                                                                                                               Given that Lodha and Marisa certified
                                                    extended the deadline for the                                                                                 Pursuant to 773(a)(1)(C)(i) of the Act, we
                                                    preliminary results to October 2, 2017.2                that they made no shipments of subject
                                                                                                            merchandise to the United States during               examined SAB’s third country sales and
                                                    From July 19, 2017, through July 28,                                                                          have determined that such sales do not
                                                    2017, the Department conducted cost                     the POR, and there is no information
                                                                                                            calling their claims into question, we                constitute a viable comparison market
                                                    and sales verifications of SAB.3
                                                                                                            preliminarily determine that Lodha and                (CM) within the meaning of section
                                                    Scope of the Order                                      Marisa did not have any reviewable                    773(a)(1)(B)(ii)(II) of the Act.9 Therefore,
                                                      The merchandise covered by the CLPP                   transactions during the POR. Consistent               for these preliminary results, we relied
                                                    Order 4 is certain lined paper products.                with the Department’s practice, we will               on CV as the basis for calculating NV,
                                                    The merchandise subject to this order is                not rescind the review with respect to                in accordance with sections 773(a)(4)
                                                    currently classified under the following                                                                      and (e) of the Act.10
                                                                                                            Lodha and Marisa but, rather, will
                                                    Harmonized Tariff Schedule of the                       complete the review and issue                         Preliminary Results of the Review
                                                    United States (HTSUS) subheadings:                      instructions to CBP based on the final                  As a result of this review, we
                                                    4811.90.9035, 4811.90.9080,                             results.7
                                                    4820.30.0040, 4810.22.5044,                                                                                   preliminarily calculated a dumping
                                                    4811.90.9050, 4811.90.9090,                             Methodology                                           margin of zero percent for both Navneet
                                                    4820.10.2010, 4820.10.2020,                                                                                   and SAB. We are applying to the non-
                                                    4820.10.2030, 4820.10.2040,                                The Department is conducting this                  selected companies the rates calculated
                                                    4820.10.2050, 4820.10.2060, and                         review in accordance with section                     for the mandatory respondents in these
                                                    4820.10.4000. Although the HTSUS                        751(a)(2) of the Tariff Act of 1930, as               preliminary results, as referenced
                                                    numbers are provided for convenience                    amended (the Act). Constructed export                 below.11
                                                    and customs purposes, the written                       price or export price is calculated in
                                                                                                                                                                                                                    Weighted-
                                                    product description remains                             accordance with section 772 of the Act.                                                                  average
                                                    dispositive.5                                           Normal value is calculated in                                   Producer/exporter                       dumping
                                                                                                            accordance with section 773 of the Act.                                                                   margin
                                                    Preliminary Determination of No                                                                                                                                 (percent)
                                                    Shipments                                               For a full description of the
                                                                                                            methodology underlying our                            Navneet Education Ltd ...............                  0.00
                                                      Lodha and Marisa reported that they                   preliminary results, see the Preliminary              SAB International ........................             0.00
                                                    made no shipments of subject                            Decision Memorandum. The                              Kokuyo Riddhi Paper Products
                                                    merchandise to the United States during                 Preliminary Decision Memorandum is a                    Pvt. Ltd ....................................        0.00
                                                    the POR. To confirm Lodha’s and                                                                               Magic International Pvt. Ltd ........                  0.00
                                                                                                            public document and is on file
                                                    Marisa’s no shipment claims, the                                                                              Pioneer Stationery Pvt Ltd .........                   0.00
                                                    Department issued a no-shipment                         electronically via Enforcement and
                                                                                                                                                                  SGM Paper Products .................                   0.00
                                                    inquiry to U.S. Customs and Border                      Compliance’s Antidumping and                          Super Impex ...............................            0.00
                                                    Protection (CBP) requesting that it                     Countervailing Duty Centralized
                                                    review Lodha’s and Marisa’s no-                         Electronic Service System (ACCESS).                   Assessment Rate
                                                    shipment claims.6 CBP did not report                    ACCESS is available to registered users
                                                                                                            at https://access.trade.gov and is                      Upon issuance of the final results, the
                                                      2 See Memorandum, ‘‘Certain Lined Paper               available to all parties in the Central               Department shall determine, and CBP
                                                    Products from India: Extension of Time Limit for                                                              shall assess, antidumping duties on all
                                                                                                            Records Unit, Room B8024 of the main
                                                    Preliminary Results of Antidumping Duty                                                                       appropriate entries covered by this
                                                    Administrative Review; 2015–2016,’’ dated May 15,       Department of Commerce building. In
                                                                                                                                                                  review. If the weighted-average
                                                    2017.                                                   addition, a complete version of the
                                                                                                                                                                  dumping margin for Navneet or SAB is
                                                      3 See Memorandum, ‘‘2015–2016 Antidumping
                                                                                                            Preliminary Decision Memorandum can                   not zero or de minimis (i.e., less than 0.5
                                                    Duty Administrative Review of Certain Lined Paper
                                                    Products from India: Verification of Sales
                                                                                                            be accessed directly on the internet at               percent), we will calculate importer-
                                                    Questionnaire Responses of SAB International’’          http://enforcement.trade.gov/frn/                     specific ad valorem antidumping duty
                                                    dated September 29, 2017 (SAB Sales Verification        index.html. The signed Preliminary                    assessment rates based on the ratio of
                                                    Report); see also Memorandum, ‘‘2015–2016
                                                    Antidumping Administrative Review of Certain
                                                                                                            Decision Memorandum and the                           the total amount of dumping calculated
                                                    Lined Paper Products from India: Verification of        electronic version of the Preliminary                 for the importer’s examined sales to the
                                                    Cost Questionnaire Responses of SAB                     Decision Memorandum are identical in                  total entered value of those same sales
                                                    International’’ dated September 29, 2017 (SAB Cost
                                                    Verification Report).
                                                                                                            content.                                              in accordance with 19 CFR
                                                      4 See Notice of Amended Final Determination of                                                              351.212(b)(1).12 We will instruct CBP to
                                                    Sales at Less Than Fair Value: Certain Lined Paper
                                                    Products from the People’s Republic of China;                                                                   8 See SAB’s February 14, 2017 Section A
                                                                                                            Exported by Lodha Offset and Marisa International
                                                    Notice of Antidumping Duty Orders: Certain Lined                                                              Questionnaire Response (SAB February 14, 2017
                                                    Paper Products from India, Indonesia and the            (A–533–843), message number 6365302 (December
                                                                                                            30, 2016).                                            AQR), at 3–4 and Exhibit A–1.
                                                    People’s Republic of China; and Notice of                                                                       9 Id.
                                                    Countervailing Duty Orders: Certain Lined Paper           7 See, e.g., Certain Frozen Warmwater Shrimp
                                                                                                                                                                    10 See Preliminary Decision Memorandum, at 18–
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Products from India and Indonesia, 71 FR 56949          from Thailand; Preliminary Results of Antidumping
                                                    (September 28, 2006) (CLPP Order).                                                                            22.
                                                                                                            Duty Administrative Review, Partial Rescission of
                                                      5 For a complete description of the Scope of the                                                              11 See Albemarle Corp. & Subsidiaries v. United
                                                                                                            Review, Preliminary Determination of No
                                                    Order, see Memorandum titled, ‘‘Decision                                                                      States, 821 F.3d 1345 (Fed. Cir. 2016) (Albemarle).
                                                                                                            Shipments; 2012–2013, 79 FR 15951, 15952 (March         12 In these preliminary results, the Department
                                                    Memorandum for the Preliminary Results of
                                                                                                            24, 2014), unchanged in Certain Frozen Warmwater
                                                    Antidumping Duty Administrative Review: Certain                                                               applied the assessment rate calculation method
                                                    Lined Paper Products from India; 2015–2016,’’           Shrimp from Thailand: Final Results of                adopted in Antidumping Proceedings: Calculation
                                                    dated concurrently with and hereby adopted by this      Antidumping Duty Administrative Review, Final         of the Weighted-Average Dumping Margin and
                                                    notice (Preliminary Decision Memorandum).               Determination of No Shipments, and Partial            Assessment Rate in Certain Antidumping
                                                      6 See No Shipments Inquiry for certain lined          Rescission of Review; 2012–2013, 79 FR, at 51306–     Proceedings: Final Modification, 77 FR 8101
                                                    paper products from India Produced and/or               51307 (August 28, 2014).                              (February 14, 2012).



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                                                    46766                          Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices

                                                    assess antidumping duties on all                        deposit requirements, when imposed,                   Notification to Importers
                                                    appropriate entries covered by this                     shall remain in effect until further
                                                    review when the importer-specific                       notice.                                                  This notice serves as a preliminary
                                                    assessment rate calculated in the final                                                                       reminder to importers of their
                                                    results of this review is above de                      Disclosure and Public Comment                         responsibility under 19 CFR
                                                    minimis (i.e., 0.5 percent). Where either                                                                     351.402(f)(2) to file a certificate
                                                                                                               The Department will disclose to
                                                    the respondent’s weighted-average                       parties to this proceeding the                        regarding the reimbursement of
                                                    dumping margin is zero or de minimis,                   calculations performed in reaching the                antidumping duties and/or
                                                    or an importer-specific assessment rate                 preliminary results within five days of               countervailing duties prior to
                                                    is zero or de minimis, we will instruct                 the date of publication of these                      liquidation of the relevant entries
                                                    CBP to liquidate the appropriate entries                                                                      during this review period. Failure to
                                                                                                            preliminary results.14 Pursuant to 19
                                                    without regard to antidumping duties.                                                                         comply with this requirement could
                                                                                                            CFR 351.309(c)(1)(ii), interested parties
                                                    The final results of this review shall be                                                                     result in the Secretary’s presumption
                                                                                                            may submit case briefs not later than 30
                                                    the basis for the assessment of                                                                               that reimbursement of antidumping
                                                                                                            days after the date of publication of this
                                                    antidumping duties on entries of                                                                              duties occurred and increase the
                                                                                                            notice. Rebuttal briefs, limited to issues
                                                    merchandise covered by the final results                                                                      subsequent assessment of the
                                                    of this review where applicable.                        raised in the case briefs, may be filed
                                                                                                            not later than five days after the date for           antidumping duties.
                                                       In accordance with the Department’s
                                                    ‘‘automatic assessment’’ practice, for                  filing case briefs.15 Parties who submit                 These preliminary results of review
                                                    entries of subject merchandise during                   case briefs or rebuttal briefs in this                are issued and published in accordance
                                                    the POR produced by each respondent                     proceeding are requested to submit with               with sections 751(a)(1) and 777(i)(1) of
                                                    for which it did not know that its                      the argument: (1) A statement of the                  the Act and 19 CFR 351.213(h) and
                                                    merchandise was destined for the                        issue, (2) a brief summary of the                     351.221(b)(4).
                                                    United States, we will instruct CBP to                  argument, and (3) a table of
                                                                                                                                                                    Dated: October 2, 2017.
                                                    liquidate unreviewed entries at the all-                authorities.16 All briefs must be filed
                                                                                                            electronically using ACCESS. An                       Gary Taverman,
                                                    others rate if there is no rate for the
                                                    intermediate company(ies) involved in                   electronically filed document must be                 Deputy Assistant Secretary for Antidumping
                                                    the transaction.                                        received successfully in its entirety by              and Countervailing Duty Operations,
                                                       We intend to issue instructions to                   the Department’s electronic records                   performing the non-exclusive functions and
                                                                                                            system, ACCESS.                                       duties of the Assistant Secretary for
                                                    CBP 15 days after publication of the
                                                                                                                                                                  Enforcement and Compliance.
                                                    final results of this review.                              Interested parties who wish to request
                                                    Cash Deposit Requirements                               a hearing must submit a written request               Appendix
                                                                                                            to the Assistant Secretary for                        List of Topics Discussed in the Preliminary
                                                       The following cash deposit                           Enforcement and Compliance, U.S.
                                                    requirements will be effective upon                                                                           Decision Memorandum
                                                                                                            Department of Commerce, using
                                                    publication of the notice of final results              Enforcement and Compliance’s ACCESS                   I. Summary
                                                    of administrative review for all                                                                              II. Background
                                                                                                            system within 30 days of publication of
                                                    shipments of subject merchandise                                                                              III. Extension of Preliminary Results
                                                                                                            this notice.17 Requests should contain
                                                    entered, or withdrawn from warehouse,                                                                         IV. Scope of the Order
                                                                                                            the party’s name, address, and
                                                    for consumption on or after the                                                                               V. Discussion of Methodology
                                                                                                            telephone number, the number of
                                                    publication date of the final results of                                                                      Preliminary Determination of No Shipments
                                                                                                            participants, and a list of the issues to             Date of Sale
                                                    this administrative review, as provided                 be discussed. If a request for a hearing
                                                    by section 751(a)(2)(C) of the Act: (1)                                                                       Product Comparisons
                                                                                                            is made, we will inform parties of the                Comparisons to Normal Value
                                                    The cash deposit rate for respondents                   scheduled date for the hearing which
                                                    noted above will be the rates established                                                                        A. Determination of Comparison Method
                                                                                                            will be held at the U.S. Department of                   B. Results of the Differential Pricing
                                                    in the final results of this administrative             Commerce, 14th Street and Constitution
                                                    review; (2) for merchandise exported by                                                                             Analysis
                                                                                                            Avenue NW., Washington, DC 20230, at                     Export Price
                                                    producers or exporters not covered in                   a time and location to be determined.18
                                                    this administrative review but covered                                                                           Normal Value
                                                                                                            Parties should confirm by telephone the                  A. Home Market Viability
                                                    in a prior segment of the proceeding, the               date, time, and location of the hearing.
                                                    cash deposit rate will continue to be the                                                                        B. Level of Trade
                                                    company-specific rate published for the                    Unless the deadline is extended                       Navneet
                                                    most recently completed segment of this                 pursuant to section 751(a)(3)(A) of the                  SAB
                                                                                                            Act and 19 CFR 351.213(h)(2), the                        C. Sales to Affiliated Customers
                                                    proceeding; (3) if the exporter is not a
                                                                                                            Department will issue the final results                  D. Cost of Production Analysis
                                                    firm covered in this review, a prior
                                                                                                            of this administrative review, including                 1. Calculation of COP
                                                    review, or the original investigation, but
                                                                                                            the results of our analysis of the issues                2. Test of Comparison Market Prices and
                                                    the producer is, the cash deposit rate
                                                                                                            raised by the parties in their case briefs,                 COP
                                                    will be the rate established for the most
                                                                                                            within 120 days after issuance of these                  3. Results of COP Test
                                                    recently completed segment of this
                                                                                                            preliminary results.                                     E. Calculation of Normal Value Based on
                                                    proceeding for the producer of the                                                                                  Comparison Market Prices
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    subject merchandise; and (4) the cash                                                                            F. Calculation of Normal Value Based on
                                                    deposit rate for all other producers or                 Determinations Under Section 129 of the Uruguay
                                                                                                            Round Agreements Act and Revocations and Partial            Constructed Value
                                                    exporters will continue to be 3.91                      Revocations of Certain Antidumping Duty Orders,          Margin for Companies Not Selected for
                                                    percent, the all-others rate established                72 FR 25261 (May 4, 2007).                                  Individual Examination
                                                    in the investigation as modified by the                   14 See 19 CFR 351.224(b).
                                                                                                                                                                     Currency Conversion
                                                    section 129 determination.13 These cash                   15 See 19 CFR 351.309(d).
                                                                                                                                                                  VI. Recommendation
                                                                                                              16 See 19 CFR 351.309(c)(2) and (d)(2).

                                                      13 See Implementation of the Findings of the WTO        17 See 19 CFR 351.310(c).                           [FR Doc. 2017–21588 Filed 10–5–17; 8:45 am]
                                                    Panel in US—Zeroing (EC): Notice of                       18 See 19 CFR 351.310.                              BILLING CODE 3510–DS–P




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Document Created: 2017-10-06 00:09:26
Document Modified: 2017-10-06 00:09:26
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
DatesApplicable October 6, 2017.
ContactCindy Robinson or Sam Brummitt, 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) 482-7851, respectively.
FR Citation82 FR 46764 

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