83 FR 50896 - Certain Lined Paper Products From India: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 196 (October 10, 2018)
International Trade Administration
Federal Register Volume 83, Issue 196 (October 10, 2018)
| Page Range | 50896-50897 | |
| FR Document | 2018-21984 |
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)] [Notices] [Pages 50896-50897] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21984] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-844] Certain Lined Paper Products From India: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Goldenpalm Manufacturers PVT Ltd. (Goldenpalm), a producer/ exporter of lined paper products (lined paper) from India, received countervailable subsidies during the period of review (POR) January 1, 2016, through December 31, 2016. We invite interested parties to comment on these preliminary results. DATES: Applicable October 10, 2018. 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. SUPPLEMENTARY INFORMATION: Background On September 28, 2006, Commerce issued the countervailing duty (CVD) order on lined paper from India.\1\ Goldenpalm requested that Commerce conduct an administrative review of the Lined Paper Order with respect to the company, and on November 13, 2017, Commerce published in the Federal Register a notice of initiation of an administrative review of the CVD order for Goldenpalm for the POR.\2\ On January 23, 2018, Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018.\3\ On May 31, 2018, Commerce extended the time period for issuing these preliminary results by 120 days, until October 3,2018, in accordance [[Page 50897]] with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).\4\ --------------------------------------------------------------------------- \1\ 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) (Lined Paper Order). \2\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 52268 (November 13, 2017) (Initiation Notice). \3\ See memorandum, ``Deadlines Affected by the Shutdown of the Federal Government,'' dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days. \4\ See Memorandum, ``Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,'' dated May 31, 2018. --------------------------------------------------------------------------- Scope of the Order The product covered by the Lined Paper Order is certain lined paper products from India. For a full description of the scope of this order, see the Preliminary Decision Memorandum.\5\ --------------------------------------------------------------------------- \5\ See ``Decision Memorandum for Preliminary Results of 2016 Countervailing Duty Administrative Review: Certain Lined Paper Products from India,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology Commerce is conducting this CVD 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 determine that there is a subsidy, i.e., a financial contribution by an ``authority'' that confers a benefit to the recipient, and that the subsidy is specific.\6\ For a full description of the methodology underlying our preliminary conclusions, including our reliance, in part, on adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as an Appendix to this notice. --------------------------------------------------------------------------- \6\ 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. --------------------------------------------------------------------------- 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 http://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 Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review As a result of this review, we preliminarily determine the net countervailable subsidy rate to be: ------------------------------------------------------------------------ Manufacturer/exporter Net subsidy rate ------------------------------------------------------------------------ Goldenpalm Manufacturers PVT Ltd.......... 188.70 percent ad valorem ------------------------------------------------------------------------ Public Comment Interested parties may submit case briefs within 30 days of publication of this notice.\7\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.\8\ Parties who submit case or rebuttal briefs 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.\9\ --------------------------------------------------------------------------- \7\ See 19 CFR 351.309(c)(l)(ii). \8\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d). \9\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- Interested parties who wish to request a hearing must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, using Enforcement and Compliance's ACCESS system.\10\ Hearing requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) 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, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and location to be determined.\11\ Parties should confirm by telephone the date, time, and location of the hearing. Issues addressed at the hearing will be limited to those raised in the briefs.\12\ All briefs and hearing requests must be filed electronically and received successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time on the due date. --------------------------------------------------------------------------- \10\ See 19 CFR 351.310(c). \11\ Id. \12\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Unless the deadline is extended, pursuant to section 751(a)(3)(A) of the Act, we intend to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after issuance of these preliminary results. Assessment Rates and Cash Deposit Requirement In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily assigned the subsidy rate in the amount shown above for the producer/ exporter shown above. Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, CVDs on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of review. Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated CVDs, in the amount shown above for the company shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most-recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: October 3, 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 Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use of Facts Otherwise Available and Application of Adverse Inferences V. Discussion and Analysis of Programs VI. Recommendation [FR Doc. 2018-21984 Filed 10-9-18; 8:45 am] BILLING CODE 3510-DS-P
![50896 Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
The petitioners claim that Enlin, applied retroactively from the DEPARTMENT OF COMMERCE
Vinox, and E N Corporation are publication date of the Order.21
affiliated, pursuant to section 771(33) of International Trade Administration
Instructions to U.S. Customs and
the Act and 19 CFR 351.102(b), based on [C–533–844]
Border Protection
Enlin’s direct statement of affiliation
with Vinox in its Section A As a result of this determination, we Certain Lined Paper Products From
questionnaire response of the initial find that both Vinox and E N India: Preliminary Results of
investigation, evidence of control over Corporation are subject to the cash Countervailing Duty Administrative
Vinox and E N Corporation by the same deposit rate currently assigned to Enlin Review; Calendar Year 2016
individuals or family members, similar (i.e., 33.81 percent).22 Therefore,
or identical company addresses, and a Commerce will instruct CBP to continue AGENCY: Enforcement and Compliance,
common Canadian trademark.15 suspension of liquidation and to collect International Trade Administration,
Pursuant to 19 CFR 351.401(f), estimated antidumping duties for all Department of Commerce.
Commerce will collapse affiliated unliquidated entries and shipments of SUMMARY: The Department of Commerce
entities when there is: (1) Evidence that subject merchandise produced and (Commerce) preliminarily determines
the entities have production facilities exported by Enlin, Vinox, and/or E N that Goldenpalm Manufacturers PVT
for similar or identical products that Corporation at the cash deposit rate of Ltd. (Goldenpalm), a producer/exporter
would not require substantial retooling 33.81 percent currently assigned to of lined paper products (lined paper)
of either facility in order to restructure Enlin, from the date of the publication from India, received countervailable
manufacturing priorities; and (2) a of the Order.23 This cash deposit subsidies during the period of review
significant potential for the requirement shall remain in effect until (POR) January 1, 2016, through
manipulation of price or production, further notice. We will also instruct CBP December 31, 2016. We invite interested
such as through common ownership, to liquidate any unliquidated entries parties to comment on these preliminary
overlap of directors and managers, and and shipments of subject merchandise results.
intertwined operations. There is produced and exported by Vinox and/or DATES: Applicable October 10, 2018.
evidence on the record to support that E N Corporation made during periods
FOR FURTHER INFORMATION CONTACT: John
these criteria have been met.16 for which Commerce has completed an
Conniff, AD/CVD Operations, Office III,
Specifically, record evidence administrative review or for which no
Enforcement and Compliance,
demonstrates that: (1) Enlin, Vinox, and administrative review was requested
International Trade Administration,
E N Corporation are affiliated parties (i.e., through and including January 31,
U.S. Department of Commerce, 1401
that each produce or have produced the 2018) at the 33.81 percent rate currently
Constitution Avenue NW, Washington,
subject merchandise and have shipped assigned to Enlin.
DC 20230; telephone (202) 482–1009.
it to the same or similar importers in the Notification to Parties SUPPLEMENTARY INFORMATION:
United States, and (2) there is a
‘‘significant potential for the This notice is the only reminder to Background
manipulation of price or production,’’ if parties subject to administrative
protective order (APO) of their On September 28, 2006, Commerce
we do not collapse the companies due issued the countervailing duty (CVD)
to the level of common direction or responsibility concerning the
disposition of proprietary information order on lined paper from India.1
control.17 Goldenpalm requested that Commerce
Accordingly, given the evidence disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely conduct an administrative review of the
provided by the petitioners,18 along
written notification of the return or Lined Paper Order with respect to the
with Enlin’s acknowledgement that the
destruction of APO materials or company, and on November 13, 2017,
three companies should be treated as a
conversion to judicial protective order is Commerce published in the Federal
single entity and that CBP should
hereby requested. Failure to comply Register a notice of initiation of an
collect antidumping duty cash deposits
with the regulations and terms of an administrative review of the CVD order
on all unliquidated entries made by
APO is a sanctionable violation. for Goldenpalm for the POR.2 On
Vinox and E N Corporation at the rate
Commerce is issuing and publishing January 23, 2018, Commerce exercised
assigned to Enlin,19 we find that: (1)
these results in accordance with its discretion to toll all deadlines
There were sufficient changed
sections 751(b)(1) and (4) and 777(i) of affected by the closure of the Federal
circumstances in the trading patterns
the Act, and 19 CFR 351.216 and 19 Government from January 20 through
and activities of Enlin, Vinox, and E N
CFR 351.221(c)(3)(i). 22, 2018.3 On May 31, 2018, Commerce
Corporation that the petitioners allege
extended the time period for issuing
resulted in a possible evasion of the Dated: October 3, 2018.
these preliminary results by 120 days,
Order; (2) Enlin, Vinox, and E N Gary Taverman,
until October 3,2018, in accordance
Corporation should be collapsed as a Deputy Assistant Secretary for Antidumping
single entity; (3) the collapsed entity is and Countervailing Duty Operations, 1 See Notice of Amended Final Determination of
subject to the cash deposit rate assigned performing the non-exclusive functions and Sales at Less Than Fair Value: Certain Lined Paper
to Enlin in the LTFV investigation; 20 duties of the Assistant Secretary for Products from the People’s Republic of China;
and (4) the results of this CCR are Enforcement and Compliance. Notice of Antidumping Duty Orders: Certain Lined
[FR Doc. 2018–21983 Filed 10–9–18; 8:45 am] Paper Products from India, Indonesia and the
15 See
People’s Republic of China; and Notice of
Review Request; see also Request BILLING CODE 3510–DS–P
Countervailing Duty Orders: Certain Lined Paper
Supplement.
amozie on DSK3GDR082PROD with NOTICES1
Products from India and Indonesia, 71 FR 56949
16 Id. 21 See, e.g., Large Power Transformers from the (September 28, 2006) (Lined Paper Order).
17 Id.
Republic of Korea: Notice of Final Results of 2 See Initiation of Antidumping and
18 Id. Antidumping Duty Changed Circumstances Review, Countervailing Duty Administrative Reviews, 82 FR
19 See Questionnaire Response, where Enlin 83 FR 45094 (September 5, 2018), and 52268 (November 13, 2017) (Initiation Notice).
stated that it agreed with the petitioners’ request (in accompanying Issues and Decision Memorandum at 3 See memorandum, ‘‘Deadlines Affected by the
the Review Request at 2 and 5, and Request 5–6. Shutdown of the Federal Government,’’ dated
Supplement at 1, 2, and 4). 22 See the Order, 66 FR 11257.
January 23, 2018. All deadlines in this segment of
20 See the Order, 66 FR 11257. 23 Id. the proceeding have been extended by three days.
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![Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices 50897
with section 751(a)(3)(A) of the Tariff Public Comment Pursuant to section 751(a)(2)(C) of the
Act of 1930, as amended (the Act).4 Interested parties may submit case Act, Commerce also intends to instruct
briefs within 30 days of publication of CBP to collect cash deposits of
Scope of the Order
this notice.7 Rebuttal briefs, limited to estimated CVDs, in the amount shown
The product covered by the Lined above for the company shown above, on
issues raised in the case briefs, may be
Paper Order is certain lined paper shipments of subject merchandise
filed no later than five days after the
products from India. For a full entered, or withdrawn from warehouse,
time limit for filing case briefs.8 Parties
description of the scope of this order, for consumption on or after the date of
who submit case or rebuttal briefs are
see the Preliminary Decision publication of the final results of this
requested to submit with the argument:
Memorandum.5 review. For all non-reviewed firms, we
(1) A statement of the issue; (2) a brief
Methodology summary of the argument; and (3) a will instruct CBP to continue to collect
table of authorities.9 cash deposits at the most-recent
Commerce is conducting this CVD company-specific or all-others rate
review in accordance with section Interested parties who wish to request
a hearing must do so within 30 days of applicable to the company, as
751(a)(1)(A) of the Tariff Act of 1930, as appropriate. These cash deposit
amended (the Act). For each of the publication of these preliminary results
by submitting a written request to the requirements, when imposed, shall
subsidy programs found
Assistant Secretary for Enforcement and remain in effect until further notice.
countervailable, we determine that there These preliminary results are issued
is a subsidy, i.e., a financial Compliance, U.S. Department of
Commerce, using Enforcement and and published in accordance with
contribution by an ‘‘authority’’ that sections 751(a)(1) and 777(i)(1) of the
confers a benefit to the recipient, and Compliance’s ACCESS system.10
Hearing requests should contain: (1) The Act, and 19 CFR 351.221(b)(4).
that the subsidy is specific.6 For a full
description of the methodology party’s name, address, and telephone Dated: October 3, 2018.
underlying our preliminary conclusions, number; (2) the number of participants; Gary Taverman,
including our reliance, in part, on and (3) a list of the issues to be Deputy Assistant Secretary for Antidumping
adverse facts available pursuant to discussed. If a request for a hearing is and Countervailing Duty Operations,
sections 776(a) and (b) of the Act, see made, we will inform parties of the performing the non-exclusive functions and
the Preliminary Decision Memorandum. scheduled date for the hearing which duties of the Assistant Secretary for
will be held at the U.S. Department of Enforcement and Compliance.
A list of topics included in the
Preliminary Decision Memorandum is Commerce, 1401 Constitution Avenue Appendix
included as an Appendix to this notice. NW, Washington, DC 20230, at a time
and location to be determined.11 Parties List of Topics Discussed in the Preliminary
The Preliminary Decision Decision Memorandum
Memorandum is a public document and should confirm by telephone the date,
time, and location of the hearing. Issues I. Summary
is on file electronically via Enforcement II. Background
and Compliance’s Antidumping and addressed at the hearing will be limited
III. Scope of the Order
Countervailing Duty Centralized to those raised in the briefs.12 All briefs
IV. Use of Facts Otherwise Available and
Electronic Service System (ACCESS). and hearing requests must be filed Application of Adverse Inferences
ACCESS is available to registered users electronically and received successfully V. Discussion and Analysis of Programs
at http://access.trade.gov, and to all in their entirety through ACCESS by VI. Recommendation
parties in the Central Records Unit, 5:00 p.m. Eastern Time on the due date. [FR Doc. 2018–21984 Filed 10–9–18; 8:45 am]
Room B8024 of the main Department of Unless the deadline is extended, BILLING CODE 3510–DS–P
Commerce building. In addition, a pursuant to section 751(a)(3)(A) of the
complete version of the Preliminary Act, we intend to issue the final results
Decision Memorandum can be accessed of this administrative review, including DEPARTMENT OF COMMERCE
directly at http://enforcement.trade.gov/ the results of our analysis of the issues
raised by the parties in their comments, National Institute of Standards and
frn. The signed and electronic versions Technology
of the Preliminary Decision within 120 days after issuance of these
Memorandum are identical in content. preliminary results. [Docket Number: 180904815–8815–01]
Preliminary Results of Review Assessment Rates and Cash Deposit
Request for Information Regarding
Requirement
As a result of this review, we Measurement Science Needs for Water
preliminarily determine the net In accordance with 19 CFR Use Efficiency and Water Quality in
countervailable subsidy rate to be: 351.221(b)(4)(i), we preliminarily Premise Plumbing Systems
assigned the subsidy rate in the amount
shown above for the producer/exporter AGENCY: National Institute of Standards
Manufacturer/exporter Net subsidy rate
shown above. Upon issuance of the final and Technology, Department of
Goldenpalm Manufactur- 188.70 percent results, Commerce shall determine, and Commerce.
ers PVT Ltd. ad valorem U.S. Customs and Border Protection ACTION: Request for Information (RFI).
(CBP) shall assess, CVDs on all
SUMMARY: Premise plumbing systems are
appropriate entries covered by this
4 See Memorandum, ‘‘Extension of Deadline for key to the built environment, given that
Preliminary Results of Countervailing Duty review. We intend to issue instructions
our ability to live and thrive in
Administrative Review,’’ dated May 31, 2018. to CBP 15 days after publication of the
buildings is highly dependent on
amozie on DSK3GDR082PROD with NOTICES1
5 See ‘‘Decision Memorandum for Preliminary
final results of review.
Results of 2016 Countervailing Duty Administrative efficient and sustainable access to
Review: Certain Lined Paper Products from India,’’ 7 See
potable water. The design of premise
19 CFR 351.309(c)(l)(ii).
dated concurrently with, and hereby adopted by, 8 See 19 CFR 351.309(c)(l)(ii) and 351.309(d).
plumbing systems in the U.S. is based
this notice (Preliminary Decision Memorandum). in part on decades-old data embodied in
9 See 19 CFR 351.309(c)(2) and (d)(2).
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
10 See 19 CFR 351.310(c). building codes, much of which was
of the Act regarding benefit; and, section 771(5A) 11 Id. developed at the National Institute of
of the Act regarding specificity. 12 See 19 CFR 351.310(c). Standards and Technology (NIST).
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Document Created: 2018-10-10 17:39:06
Document Modified: 2018-10-10 17:39:06
| 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 | Applicable October 10, 2018. | |
| 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 | 83 FR 50896 |
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