[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Notices]
[Pages 10876-10879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4392]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Notice of Final Results
of Antidumping Duty Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 21, 2010, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of the antidumping duty administrative review for certain lined paper
products from India (CLPP). See Certain Lined Paper Products From
India: Notice of Preliminary Results of Antidumping Duty Administrative
Review, 75 FR 64988 (October 21, 2010) (Preliminary Results). This
review covers 31 manufacturers and exporters of the subject
merchandise.\1\ On October 26, 2009, petitioner timely withdrew its
request for a review of Blue Bird (India) Limited (Blue Bird).
Therefore, we are rescinding this review with respect to Blue Bird.
---------------------------------------------------------------------------
\1\ On September 30, 2009, the Department received a timely
request to conduct an administrative review of the following 32
companies: Abhinav Paper Products Pvt. Ltd.; American Scholar, Inc.,
and/or I-Scholar; Ampoules & Vials Mfg. Co., Ltd.; Bafna Exports;
Cello International Pvt. Ltd (M/S Cello Paper Products); Creative
Divya; Corporate Stationery Pvt. Ltd.; D.D. International; Exmart
International Pvt. Ltd.; Fatechand Mahendrakumar; FFI International;
Freight India Logistics Pvt. Ltd.; International Greetings Pvt.
Ltd.; Lodha Offset Limited; Magic International Pvt. Ltd.; Marigold
ExIm Pvt. Ltd.; Marisa International; Navneet Publications (India)
Ltd.; Paperwise Inc.; Pioneer Stationery Pvt. Ltd.; Premier Exports;
Riddhi Enterprises; SAB International; SAR Transport Systems; Seet
Kamal International; Solitaire Logistics Pvt. Ltd. (Eternity Int'l
Freight, forwarder on behalf of Solitaire Logistics Pvt. Ltd.);
Sonal Printers Pvt. Ltd.; Super Impex; Swati Growth Funds Ltd.; V &
M; and Yash Laminates.
---------------------------------------------------------------------------
As a result of our analysis of the comments received, these final
results differ from the Preliminary Results.
For our final results, we continue to find that Navneet did not
make sales of subject merchandise at less than normal value (NV) (i.e.,
sales were made at de minimis dumping margins). We also find that U.S.
sales have not been made below NV by Super Impex. In addition, based on
the final results for Super Impex, we have determined that the 29
remaining non-selected companies will receive the non-selected
respondent rate from the previous review.
DATES: Effective Date: February 28, 2011.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Navneet) and Cindy
Robinson (Super Impex), AD/CVD Operations, Office 3, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-3692, (202) 482-3797, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 29, 2010, the Department selected Navneet and Super
Impex as companies to be individually examined in this administrative
review of the antidumping duty order on CLPP from India. See Memorandum
to Melissa Skinner, Director, Office 3 Through James Terpstra, Program
Manager, Office 3 from Stephanie Moore, Case Analyst titled
``Antidumping Duty Administrative Review of Certain Lined Paper
Products from India: Selection of Respondents for Individual Review''
(Respondent Selection Memo), dated January 29, 2010.
As stated in the Preliminary Results, on October 26, 2009,
petitioner timely withdrew its request for a review of Blue Bird.
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation of the requested review. The
instant review was initiated on October 26, 2009. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 74 FR 54956 (October 26, 2009) (Initiation
Notice). The petitioner's withdrawal of request for a review of Blue
Bird falls within the 90-day deadline for rescission by the Department,
and no other party requested an administrative review of this
particular respondent. Therefore, in accordance with 19 CFR
351.213(d)(1), and consistent with our practice, we are rescinding this
review with respect to Blue Bird. See, e.g., Lightweight Thermal Paper
from Germany: Notice of Partial Rescission of Antidumping Duty
Administrative Review, 75 FR 11135 (March 10, 2010).
On October 21, 2010, the Department published the Preliminary
Results. On October 25, 2010, petitioner submitted additional factual
information obtained from the Web site http://www.cellopapers.com/ruled-plain-papers.html, pursuant to 19 CFR 351.301(b)(2).
Comments From Interested Parties
We invited parties to comment on our Preliminary Results. Case
briefs were filed on November 18, 2010, by Super Impex and on November
23, 2010, by petitioner and Navneet. On December 13 and 14, 2010, Super
Impex and petitioner, respectively, filed rebuttal briefs.
Scope of the Order
The scope of this order includes certain lined paper products,
typically school supplies (for purposes of this scope definition, the
actual use of or labeling these products as school supplies or non-
school supplies is not a defining characteristic) composed of or
including paper that incorporates straight horizontal and/or vertical
lines on ten or more paper sheets (there shall be no minimum page
requirement for loose leaf filler paper) including but not limited to
such products as single- and multi-subject notebooks, composition
books, wireless notebooks, loose leaf or glued filler paper, graph
paper, and laboratory notebooks, and with the smaller dimension of the
paper measuring 6 inches to 15 inches (inclusive) and the larger
dimension of the paper measuring 8-3/4 inches to 15 inches (inclusive).
Page dimensions are measured size (not advertised, stated, or ``tear-
out'' size), and are measured as they appear in the product (i.e.,
stitched and folded pages in a notebook are measured by the size of the
page as it appears in the notebook page, not the size of the unfolded
paper). However, for measurement purposes, pages with
[[Page 10877]]
tapered or rounded edges shall be measured at their longest and widest
points. Subject lined paper products may be loose, packaged or bound
using any binding method (other than case bound through the inclusion
of binders board, a spine strip, and cover wrap). Subject merchandise
may or may not contain any combination of a front cover, a rear cover,
and/or backing of any composition, regardless of the inclusion of
images or graphics on the cover, backing, or paper. Subject merchandise
is within the scope of this order whether or not the lined paper and/or
cover are hole punched, drilled, perforated, and/or reinforced. Subject
merchandise may contain accessory or informational items including but
not limited to pockets, tabs, dividers, closure devices, index cards,
stencils, protractors, writing implements, reference materials such as
mathematical tables, or printed items such as sticker sheets or
miniature calendars, if such items are physically incorporated,
included with, or attached to the product, cover and/or backing
thereto.
Specifically excluded from the scope of this order are:
Unlined copy machine paper;
Writing pads with a backing (including but not limited to
products commonly known as ``tablets,'' ``note pads,'' ``legal pads,''
and ``quadrille pads''), provided that they do not have a front cover
(whether permanent or removable). This exclusion does not apply to such
writing pads if they consist of hole-punched or drilled filler paper;
Three-ring or multiple-ring binders, or notebook
organizers incorporating such a ring binder provided that they do not
include subject paper;
Index cards;
Printed books and other books that are case bound through
the inclusion of binders board, a spine strip, and cover wrap;
Newspapers;
Pictures and photographs;
Desk and wall calendars and organizers (including but not
limited to such products generally known as ``office planners,'' ``time
books,'' and ``appointment books'');
Telephone logs;
Address books;
Columnar pads & tablets, with or without covers, primarily
suited for the recording of written numerical business data;
Lined business or office forms, including but not limited
to: pre-printed business forms, lined invoice pads and paper, mailing
and address labels, manifests, and shipping log books;
Lined continuous computer paper;
Boxed or packaged writing stationary (including but not
limited to products commonly known as ``fine business paper,''
``parchment paper,'' and ``letterhead''), whether or not containing a
lined header or decorative lines;
Stenographic pads (``steno pads''), Gregg ruled (``Gregg
ruling'' consists of a single- or double-margin vertical ruling line
down the center of the page. For a six-inch by nine-inch stenographic
pad, the ruling would be located approximately three inches from the
left of the book), measuring 6 inches by 9 inches;
Also excluded from the scope of this order are the following
trademarked products:
Fly TM lined paper products: A notebook,
notebook organizer, loose or glued note paper, with papers that are
printed with infrared reflective inks and readable only by a Fly
TM pen-top computer. The product must bear the valid
trademark Fly TM (products found to be bearing an invalidly
licensed or used trademark are not excluded from the scope).
Zwipes TM: A notebook or notebook organizer
made with a blended polyolefin writing surface as the cover and pocket
surfaces of the notebook, suitable for writing using a specially-
developed permanent marker and erase system (known as a Zwipes
TM pen). This system allows the marker portion to mark the
writing surface with a permanent ink. The eraser portion of the marker
dispenses a solvent capable of solubilizing the permanent ink allowing
the ink to be removed. The product must bear the valid trademark Zwipes
TM (products found to be bearing an invalidly licensed or
used trademark are not excluded from the scope).
FiveStar [supreg]Advance TM: A notebook or
notebook organizer bound by a continuous spiral, or helical, wire and
with plastic front and rear covers made of a blended polyolefin plastic
material joined by 300 denier polyester, coated on the backside with
PVC (poly vinyl chloride) coating, and extending the entire length of
the spiral or helical wire. The polyolefin plastic covers are of
specific thickness; front cover is 0.019 inches (within normal
manufacturing tolerances) and rear cover is 0.028 inches (within normal
manufacturing tolerances). Integral with the stitching that attaches
the polyester spine covering, is captured both ends of a 1'' wide
elastic fabric band. This band is located 2-3/8'' from the top of the
front plastic cover and provides pen or pencil storage. Both ends of
the spiral wire are cut and then bent backwards to overlap with the
previous coil but specifically outside the coil diameter but inside the
polyester covering. During construction, the polyester covering is sewn
to the front and rear covers face to face (outside to outside) so that
when the book is closed, the stitching is concealed from the outside.
Both free ends (the ends not sewn to the cover and back) are stitched
with a turned edge construction. The flexible polyester material forms
a covering over the spiral wire to protect it and provide a comfortable
grip on the product. The product must bear the valid trademarks
FiveStar [supreg]Advance TM (products found to be bearing an
invalidly licensed or used trademark are not excluded from the scope).
FiveStar Flex TM: A notebook, a notebook
organizer, or binder with plastic polyolefin front and rear covers
joined by 300 denier polyester spine cover extending the entire length
of the spine and bound by a 3-ring plastic fixture. The polyolefin
plastic covers are of a specific thickness; front cover is 0.019 inches
(within normal manufacturing tolerances) and rear cover is 0.028 inches
(within normal manufacturing tolerances). During construction, the
polyester covering is sewn to the front cover face to face (outside to
outside) so that when the book is closed, the stitching is concealed
from the outside. During construction, the polyester cover is sewn to
the back cover with the outside of the polyester spine cover to the
inside back cover. Both free ends (the ends not sewn to the cover and
back) are stitched with a turned edge construction. Each ring within
the fixture is comprised of a flexible strap portion that snaps into a
stationary post which forms a closed binding ring. The ring fixture is
riveted with six metal rivets and sewn to the back plastic cover and is
specifically positioned on the outside back cover. The product must
bear the valid trademark FiveStar Flex TM (products found to
be bearing an invalidly licensed or used trademark are not excluded
from the scope).
Merchandise subject to this order is typically imported under
headings 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 of the Harmonized Tariff Schedule of the United States
(HTSUS). The HTSUS headings are provided for convenience and customs
purposes; however, the written description of the scope of the order is
dispositive.
[[Page 10878]]
Period of Review
The period of review (POR) is September 1, 2008, through August 31,
2009.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the accompanying Issues and
Decision Memorandum (I&D Memo), which is hereby adopted by this notice.
A list of the issues which parties have raised, and to which we have
responded in the Issues and Decision Memorandum, is attached to this
notice as an Appendix. In addition, a complete version of the I&D Memo
can be accessed directly on the Internet at http://ia.ita.doc.gov/frn.
The paper copy and electronic version of the I&D Memo are identical in
content.
Changes Since the Preliminary Results
Based on comments received from the interested parties, we have
made the following company-specific changes to Super Impex's margin
calculation: (1) The Department relied solely on Blue Bird's financial
statement for the year 2008-2009 submitted by Super Impex on July 7,
2010, to calculate the selling expenses and profit ratios for Super
Impex; (2) the Department revised its SAS programming language by
directly inputting a formula to derive the countervailing duty (CVD)
offsets, rather than using the CVD amounts reported by Super Impex; and
(3) the Department revised its SAS programming by including commissions
as the only direct selling expense in the circumstance of sales
adjustment. See I&D Memo and the Analysis Memorandum to File through
James Terpstra, Program Manager, from Cindy Robinson for Super Impex
Regarding ``Final Results of Antidumping Duty Administrative Review of
Certain Lined Paper Products from India,'' dated February 18, 2011, for
further details.
Final Results of Review
We determine that the following weighted-average margins exist:
------------------------------------------------------------------------
Weighted average margin
Exporter (percent)
------------------------------------------------------------------------
Navneet Publications (India) Ltd...... 0.43 (de minimis)
Super Impex........................... 0.28 (de minimis)
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the 29 Non-Selected
Companies Subject to This Review: Our normal practice is to base this
rate on the margins calculated for those companies that were selected
for individual review, excluding de minimis margins or margins based
entirely on adverse facts available. However, in this review, we only
have de minimis margins for the companies selected for individual
review. Accordingly, we determine that the most appropriate margin
available for us to use for the non-selected companies in this review
is the average of the margins, other than those which are zero, de
minimis, or based on total facts available, that we found for the most
recent period in which there were such margins. Therefore, the margin
we have assigned to the 29 non-selected companies for the final results
of this administrative review is 1.34 percent.\2\ (Certain Lined Paper
Products from India: Notice of Final Results of Antidumping Duty
Administrative Review 75 FR 7563 (February 22, 2010).
---------------------------------------------------------------------------
\2\ This rate is based on the margins calculated for those
companies that were selected for individual review, excluding de
minimis margins or margins based entirely on adverse facts
available, in the most recently completed segment of this
proceeding.
------------------------------------------------------------------------
Weighted
average
Exporter margin
(percent)
------------------------------------------------------------------------
Abhinav Paper Products Pvt. Ltd............................. 1.34
American Scholar, Inc. and/or I-Scholar..................... 1.34
Ampoules & Vials Mfg. Co. Ltd............................... 1.34
Bafna Exports............................................... 1.34
Cello International Pvt. Ltd. (M/S Cello Paper Products).... 1.34
Corporate Stationary Pvt. Ltd............................... 1.34
Creative Divya.............................................. 1.34
D.D. International.......................................... 1.34
Exmart International Pvt. Ltd............................... 1.34
Fatechand Mahendrakumar..................................... 1.34
FFI International........................................... 1.34
Freight India Logistics Pvt. Ltd............................ 1.34
International Greetings Pvt. Ltd............................ 1.34
Lodha Offset Limited........................................ 1.34
Magic International......................................... 1.34
Marigold ExIm Pvt. Ltd...................................... 1.34
Marisa International........................................ 1.34
Paperwise Inc............................................... 1.34
Pioneer Stationery Pvt. Ltd................................. 1.34
Premier Exports............................................. 1.34
Riddhi Enterprises.......................................... 1.34
SAB International........................................... 1.34
Sar Transport Systems....................................... 1.34
Seet Kamal International.................................... 1.34
Solitaire Logistics Pvt. Ltd. (Eternity Int'l Freight, 1.34
forwarder on behalf of Solitaire Logistics Pvt. Ltd.)......
Sonal Printers Pvt Ltd...................................... 1.34
Swati Growth Funds Ltd...................................... 1.34
V & M....................................................... 1.34
Yash Laminates.............................................. 1.34
------------------------------------------------------------------------
Assessment Rates
Pursuant to these final results, the Department has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we
calculated importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of the antidumping margins calculated for
the examined sales to the total entered value of the examined sales for
that importer. Where the assessment rate is above de minimis, we will
instruct CBP to assess duties on all entries of subject merchandise by
that importer. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP
to liquidate without regard to antidumping duties any entries for which
the assessment rate is de minimis (i.e., less than 0.50 percent). The
Department intends to issue assessment instructions directly to CBP 15
days after publication of the final results of this review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954, (May 6, 2003)
(Assessment Policy Notice). This clarification applies to POR entries
of subject merchandise produced by companies examined in this review
(i.e., companies for which a dumping margin was calculated) where the
companies did not know that their merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the 3.91 percent all-others rate for India if
there is no company-specific rate for an intermediary company(ies)
involved in the transaction. 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 Orders). See also Assessment Policy Notice, 68 FR at
23954.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of these final results for all shipments of CLPP from India
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) of the Act: (1) For companies covered by
this review, the cash deposit rate will be the rates listed above; (2)
for previously reviewed or investigated companies other than those
covered by this review, the cash deposit rate will be the
[[Page 10879]]
company-specific rate established for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair-value investigation, but the producer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the subject merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this review, a prior
review, or the investigation, the cash deposit rate will be 3.91
percent, the all-others rate established in the less-than-fair-value
investigation. These deposit requirements, when imposed, shall remain
in effect until further notice.
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 this review period. Failure
to comply with this requirement could result in the presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent increase in antidumping duties by the amount of
antidumping and/or countervailing duties reimbursed.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 18, 2011.
Ronald K Lorentzen,
Deputy Assistant Secretary for Import Administration.
APPENDIX I
List of Comments in the Accompanying Issues and Decision
Memorandum
Company-Specific Issues
Super Impex
Comment 1: Methodology for Calculations of Interest, Selling,
General & Administrative (G&A) Expenses, and Profit
Comment 2: Whether to Include Cello Writing Instruments & Containers
Private Ltd. (Cello)'s Financial Data
Comment 3: Financial Statement(s) for Use in Determining Constructed
Value (CV) Selling Expenses and Profit
Comment 4: Simple Average versus Weighted Average
Comment 5: Selling Expenses and Circumstances of Sales (COS)
Adjustment in a CV Scenario
Comment 6: Calculation of Countervailing Duty (CVD) Adjustment
Navneet
Comment 7: Whether the Department Used the Revised Sales Databases
Comment 8: Navneet's Model Match Sub-Codes
Comment 9: Treatment of Merchandising Expense
Comment 10: Treatment of Negative Dumping Margins (Zeroing)
[FR Doc. 2011-4392 Filed 2-25-11; 8:45 am]
BILLING CODE 3510-DS-P