83 FR 16054 - Certain Lined Paper Products From India: Final Results of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 72 (April 13, 2018)

The Department of Commerce (Commerce) determines that Navneet Education Ltd. (Navneet) made sales of certain lined paper products (CLPP) from India below normal value during the period of review (POR) September 1, 2015, through August 31, 2016, but SAB International (SAB) did not.

[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Notices]
[Pages 16054-16055]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07724]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-843]


Certain Lined Paper Products From India: Final Results of 
Antidumping Duty Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Navneet 
Education Ltd. (Navneet) made sales of certain lined paper products 
(CLPP) from India below normal value during the period of review (POR) 
September 1, 2015, through August 31, 2016, but SAB International (SAB) 
did not.

DATES: Applicable April 13, 2018.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt (for Navneet) and 
Cindy Robinson (for SAB), 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) 482-7851 or (202) 482-3797, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 6, 2017, Commerce published the Preliminary Results.\1\ 
On November 6, 2017, the petitioners,\2\ Navneet, and SAB timely 
submitted their case briefs.\3\ On November 6, 2017, the petitioner 
submitted a request for a hearing, which it subsequently withdrew on 
December 8, 2017.\4\ On November 13, 2017, the petitioners and Navneet 
timely submitted their respective rebuttal briefs.\5\ On January 19, 
2018, Commerce postponed the final results by 60 days, until April 4, 
2018.\6\
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    \1\ See Certain Lined Paper Products from India: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2015-2016, 82 FR 46764 (October 6, 
2017) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ The petitioners are the Association of American School Paper 
Suppliers and its individual members.
    \3\ See the petitioners' letter titled, ``Certain Lined Paper 
Products from India: Case Brief of the Association of American 
School Paper Suppliers,'' dated November 6, 2017; see also Navneet's 
letter titled, ``Certain Lined Paper Products from India: Case Brief 
of Navneet Education Limited,'' dated November 6, 2017; see also 
SAB's letter titled, ``Certain Lined Paper Products from India: SAB 
International Case Brief,'' dated November 6, 2017.
    \4\ See the petitioner's letter titled, ``Certain Lined Paper 
Products from India: Request for Hearing,'' dated November 6, 2017; 
see also Memorandum to the File titled, ``Petitioner's Request for a 
Meeting in Lieu of a Hearing,'' dated December 8, 2017.
    \5\ See the petitioners' letter titled, ``Certain Lined Paper 
Products from India: Rebuttal Brief of the Association of American 
School Paper Suppliers,'' dated November 13, 2017; see also 
Navneet's letter titled, ``Certain Lined Paper Products from India: 
Rebuttal Brief of Navneet Education Limited,'' dated November 13, 
2017.
    \6\ See Memorandum titled ``Certain Lined Paper Products from 
India: Extension of Time Limit for Final Results of Antidumping Duty 
Administrative Review,'' dated January 19, 2018.
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
The revised deadline for the final results of this review is now April 
9, 2018.\7\
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    \7\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding affected by 
the closure of the Federal Government, including the final results, 
have been extended by 3 days.
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Scope of the Order

    The merchandise covered by the order is certain lined paper 
products. The merchandise subject to this order is currently classified 
under the following Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040, 
4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020, 
4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and 
4820.10.4000. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written product description of the scope 
remains dispositive.\8\
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    \8\ For a complete description of the Scope of the Order, see 
Memorandum titled ``Certain Lined Paper Products from India: Issues 
and Decision Memorandum for the Final Results of the Antidumping 
Duty Administrative Review; 2015-2016,'' dated concurrently with and 
hereby adopted by this notice (``Issues and Decision Memorandum'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues that parties raised and to which we 
responded is attached to this notice as an Appendix. The Issues and 
Decision Memorandum is a public document and is on-file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and in the Central Records 
Unit (CRU), room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made the 
following company-specific change to Navneet's final margin 
calculation: (1) We did not make a duty drawback adjustment for duties 
paid on imported input materials used to produce the subject 
merchandise; (2) we made certain revisions to Navneet's home market 
(HM) price to account for excise taxes and local body taxes; and (3) we 
made changes to Navneet's HM program by converting the variable PRIMEH 
to `1' to match the format used for the variable PRIMEU. As a result of 
these changes, we determine that Navneet made sales of subject 
merchandise below normal value during the POR and have calculated a 
final weighted-average dumping margin of 1.34 percent. We made no 
change to SAB's preliminary SAS margin program and, therefore, SAB's 
preliminary margin remains unchanged for these final results.

Final Results of the Review

    As a result of this review, Commerce calculated the following 
dumping

[[Page 16055]]

margins for Navneet and SAB. We are applying to the non-selected 
companies the rates calculated for the mandatory respondents in these 
final results, excluding any zero and de minimis margins, as referenced 
below.\9\
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    \9\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345, 1351-53 (Fed. Cir. 2016) (Albemarle).

 
------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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Navneet Education Ltd...................................            1.34
SAB International.......................................            0.00
Kokuyo Riddhi Paper Products Pvt. Ltd...................            1.34
Magic International Pvt. Ltd............................            1.34
Pioneer Stationery Pvt Ltd..............................            1.34
SGM Paper Products......................................            1.34
Super Impex.............................................            1.34
------------------------------------------------------------------------

Duty Assessment

    Commerce shall determine and Customs and Border Protection (CBP) 
shall assess antidumping duties on all appropriate entries.\10\ 
Specifically, for Navneet and SAB, we will instruct CBP to liquidate 
their entries during the POR imported by the importers (or customers) 
identified in their questionnaire responses without regard to 
antidumping duties because their weighted-average dumping margins in 
these final results is zero.\11\ In accordance with Commerce's 
practice, for entries of subject merchandise during the POR for which 
Navneet or SAB did not know that the merchandise was destined for the 
United States, we will instruct CBP to liquidate such entries at the 
all-others rate if there is no company-specific rate for the 
intermediate company(ies) involved in the transaction.\12\ We intend to 
issue assessment instructions directly to CBP 15 days after publication 
of the final results of this review.
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    \10\ In these final results, Commerce applied the assessment 
rate calculation method adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 
8101 (February 14, 2012) (Final Modification for Reviews).
    \11\ Id., 77 FR at 8102.
    \12\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act): (1) The cash 
deposit rate for respondents noted above will be the rate established 
in the final results of this administrative review; (2) for merchandise 
exported by manufacturers or exporters not covered in this 
administrative review but covered in a prior segment of the proceeding, 
the cash deposit rate will continue to be the company specific rate 
published for the most recently completed segment of this proceeding; 
(3) if the exporter is not a firm covered in this review, a prior 
review, or the original investigation, but the manufacturer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the manufacturer of the 
subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 3.91 percent, the all-
others rate established in the original antidumping duty 
investigation.\13\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \13\ 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).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during the POR. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: April 9, 2018.
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 Final Decision Memorandum

I. Summary
II. List of Comments
III. Background
IV. Scope of the Order
V. Analysis of Comments
    Comments Concerning Navneet
    1. Whether Commerce Should Reclassify Navneet's Reported Levels 
of Trade
    2. Whether Commerce Should Grant Navneet's Claimed Duty Drawback 
Adjustment
    3. Whether Commerce Should Grant an Adjustment for Defective 
Product Claims Reported in the Other Rebates Field
    4. Treatment of Navneet's Excise Expense and Local Body Tax in 
Home Market Price and Cost Calculation
    5. Whether Commerce Should Correct the Miscoded PRIMEU Field
    Comment Concerning SAB
    6. Whether Certain Chain Stores Who May Be the Importer of 
Record Should Be Included in the Liquidation Instructions
VI. Recommendation

[FR Doc. 2018-07724 Filed 4-12-18; 8:45 am]
 BILLING CODE 3510-DS-P