[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Pages 20954-20955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9113]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-843]
Certain Lined Paper Products From India: Amended Final
Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 13, 2010, the United States Court of Appeals for
the Federal Circuit (``CAFC'') affirmed the United States Court of
International Trade's (``CIT's'') decision sustaining the Department of
Commerce's (``the Department's'') redetermination on remand of the
final results of the antidumping duty investigation on certain lined
paper products (``CLPP'') from India. See Association of American
School Paper Suppliers v. United States, Court No. 2010-1219 (CAFC
December 13, 2010) (CAFC Rule 36 affirmance); see also Association of
American School Paper Suppliers v. United States, Consol. Court No. 06-
00395, Slip Op. 09-136 (CIT December 10, 2009) (``AASPS, Slip. Op. 09-
136'').\1\ This case arises out of the Department's final determination
of sales at less than fair value (``LTFV'') in the antidumping duty
investigation of CLPP from India.\2\ As there is now a final and
conclusive court decision in this action, the Department is amending
the Final Determination and Antidumping Duty Order.\3\
---------------------------------------------------------------------------
\1\ This action includes Court No. 06-00395 and Court No. 06-
00399.
\2\ See Notice of Final Determination of Sales at Less Than Fair
Value, and Negative Determination of Critical Circumstances: Certain
Lined Paper Products from India, 71 FR 45012 (August 8, 2006)
(``Final Determination'').
\3\ 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)
(``Antidumping Duty Order'').
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution
[[Page 20955]]
---------------------------------------------------------------------------
Avenue, NW., Washington, DC 20230; telephone: (202) 482-4161.
SUPPLEMENTARY INFORMATION:
Background
On August 8, 2006, the Department published the final determination
of sales at LTFV in the antidumping duty investigation of CLPP from
India for the period of investigation (``POI'') of July 1, 2004,
through June 30, 2005. See Final Determination. The Association of
American School Paper Suppliers \4\ (``AASPS'') and Kejriwal Paper
Limited (``Kejriwal'') filed lawsuits challenging the Final
Determination.
---------------------------------------------------------------------------
\4\ The Association consists of MeadWestvaco Corporation,
Norcom, Inc., and Top Flight, Inc.
---------------------------------------------------------------------------
In its November 17, 2008 opinion,\5\ the CIT partially remanded the
Final Determination. Specifically, the CIT ordered the Department to
further explain (1) how the general and administrative (``G&A'')
expense ratio reasonably identifies and fairly allocates G&A expenses
in light of the evidence on the record; and (2) how its G&A expense
ratio is consistent with its treatment of Kejriwal's financial expense
ratio.
---------------------------------------------------------------------------
\5\ See Association of American School Paper Suppliers v. United
States, Consol. Court No. 06-00395, Slip Op. 08-122 (CIT November
17, 2008) (``AASPS, Slip Op. 08-122'').
---------------------------------------------------------------------------
In accordance with the CIT's remand order in AASPS, Slip Op. 08-
122, the Department filed its redetermination on remand of the Final
Determination (``Remand Final Determination'') on March 16, 2009. In
its redetermination, the Department provided further explanation on its
calculation methodology, and also determined that certain additional
expenses should be attributed directly to Kejriwal's newsprint
operations.
On December 10, 2009, the CIT sustained the Department's
redetermination on remand of the final results of the antidumping duty
investigation on CLPP from India.\6\ By sustaining the remand results,
the CIT affirmed all of the issues in which the Department was
challenged, including the Department's explanation of how the G&A
expense ratio it calculated (1) reasonably identifies and fairly
allocates G&A expenses in light of the evidence on the record, and (2)
is consistent with the Department's treatment of Kejriwal's financial
expense ratio.
---------------------------------------------------------------------------
\6\ See AASPS, Slip. Op. 09-136.
---------------------------------------------------------------------------
Pursuant to the Department's redetermination, Kejriwal's G&A
expense ratio changed.\7\ As a result of the change to Kejriwal's G&A
expense ratio, Kejriwal's calculated margin for the POI has changed
from 3.91 percent in the Final Determination to 3.06 percent in the
redetermination issued on March 16, 2009.
---------------------------------------------------------------------------
\7\ Due to the proprietary nature of Kejriwal's G&A expenses,
see the Department's proprietary calculation memorandum, titled
``Remand for the Antidumping Investigation of Certain Lined Paper
Products from India,'' dated March 13, 2009, for further discussion.
---------------------------------------------------------------------------
Consistent with the decision in the CAFC in Timken Co. v. United
States, 893 F.2d 337 (Fed. Cir. 1990), the Department published in the
Federal Register a notice of a court decision that is not ``in
harmony'' with the Department's final determination.\8\ In this notice,
the Department stated that we would amend our final determination of
this investigation to reflect the recalculation of the margin for
Kejriwal upon a final and conclusive court decision in this action.
---------------------------------------------------------------------------
\8\ See Certain Lined paper Products from India: Notice of Court
Decision not in Harmony with Final Determination of Sales at Less
Than Fair Value, 74 FR 68779 (December 29, 2009) (``Timken
Notice'').
---------------------------------------------------------------------------
Kejriwal appealed the CIT's decision affirming the Department's
remand results. On December 13, 2010, the CAFC affirmed the CIT's
decision under CAFC Rule 36, which allows the Court to enter judgment
of affirmance without a written opinion. The period for appeal expired
on March 14, 2011. Accordingly, the Department is amending its Final
Determination and Antidumping Duty Order.
Amendment to Final Determination and Antidumping Duty Order
Because there is now a final and conclusive court decision in this
proceeding, the revised dumping margin for Kejriwal in the Final
Determination is as follows:
------------------------------------------------------------------------
Original final Amended final
Manufacturer/exporter margin margin
(percent) (percent)
------------------------------------------------------------------------
Kejriwal Paper Limited................ 3.91 3.06
------------------------------------------------------------------------
On April 14, 2009, the Department issued the final results of the
first administrative review covering Kejriwal and the period April 17,
2006, to August 31, 2007. See Certain Lined Paper Products from India:
Notice of Final Results of the First Antidumping Duty Administrative
Review; 74 FR 17149 (April 14, 2009). Therefore, in accordance with
section 19 CFR 351.212(b), the Department will issue liquidation
instructions to U.S. Customs and Border Protection (``CBP'') 15 days
after publication of this amended final determination in the Federal
Register. Specifically, the Department will instruct CBP to assess
antidumping duties, as appropriate, for merchandise produced and/or
exported by Kejriwal entered, or withdrawn from warehouse, for
consumption in the United States during the periods April 17, 2006, to
August 31, 2007, September 1, 2007, to August 31, 2008, September 1,
2008, to August 31, 2009, and September 1, 2009, to August 31, 2010.\9\
---------------------------------------------------------------------------
\9\ See Certain Lined Paper Products from India: Notice of Final
Results of the First Antidumping Duty Administrative Review, 74 FR
17149 (April 14, 2009); Certain Lined Paper Products from India:
Notice of Final Results of Antidumping Duty Administrative Review,
75 FR 7563 (February 22, 2010); Certain Lined Paper Products From
India: Notice of Final Results of Antidumping Duty Administrative
Review and Partial Rescission of Antidumping Duty Administrative
Review, 76 FR 10876 (February 28, 2011); and Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 75 FR
66349 (October 28, 2010), respectively. Kejriwal was not reviewed in
the 07-08, 08-09, and 09-10 administrative reviews of CLPP from
India. See also Memo from Christopher Hargett through Melissa
Skinner to the File, dated April 08, 2011, entitled ``Certain Lined
Paper Products from India: Kejriwal Liquidation Instructions (4/17/
2006-8/31/2010)'' for a detailed discussion on liquidations for
Kejriwal.
---------------------------------------------------------------------------
This notice is issued and published in accordance with sections
735(d) and 777(i) of the Tariff Act of 1930, as amended.
April 8, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-9113 Filed 4-13-11; 8:45 am]
BILLING CODE 3510-DS-P