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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that certain lined paper products (lined paper) from India are not being sold in the United States at below normal value during the period of review (POR), September 1, 2022, through August 31, 2023. Additionally, Commerce is rescinding this administrative review with respect to certain companies. We invite interested parties to comment on these preliminary results.
DATES:
Applicable October 11, 2024.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton, 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) 482-0012.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, Commerce published the antidumping duty order on lined paper from India. On September 6, 2023, we published in the Federal Register a notice of opportunity to request an administrative review of the Order. On November 15, 2023, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce initiated an administrative review of the Order covering 11 entities. On May 28, 2024, Commerce extended the deadline for the preliminary results until September 27, 2024. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. The deadline for the preliminary results is now October 4, 2024.
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) ( Order).
See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 60923 (September 6, 2023).
See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 78298 (November 15, 2023) ( Initiation Notice).
See Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated May 28, 2024.
See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.
For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is attached as Appendix I to this notice. 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. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
See Memorandum, “Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Lined Paper Products from India; 2022-2023,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Order
The products covered by this Order are lined paper from India. A full description of the scope of the Order is contained in the Preliminary Decision Memorandum.
Rescission of Review, in Part
As noted above, we initiated this review with respect to 11 companies. During the course of the review, we selected two mandatory respondents, ITC Limited and Navneet Education Ltd. (Navneet). As a consequence, there are nine companies upon which a review was requested and which were not selected for individual examination.
See Initiation Notice, 88 FR at 78300.
The correct name of the company is ITC Limited, whereas the Initiation Notice uses the name “ITC Limited-Education and Stationary Products Business,” which is a division of ITC Limited, and not a legal entity. See Certain Lined Paper Products from India: Amended Final Results of Antidumping Duty Administrative Review; 2020-2021,88 FR 28493, 28494 (May 4, 2023); see also Memorandum, “Respondent Selection,” dated February 23, 2024 (Respondent Selection Memorandum).
See Respondent Selection Memorandum at 2, n.6.
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no reviewable suspended entries. Based on our analysis of U.S. Customs and Border Protection (CBP) information, three companies listed in the Initiation Notice had no entries of subject merchandise during the POR. On March 21, 2024, we notified parties of our intent to rescind this administrative review with respect to the three companies that had no reviewable suspended entries during the POR. No party to the proceeding provided comments on our Intent to Rescind Memorandum. As a result, we are rescinding this review, in part, with respect to the three entities which had no entries in the POR and for which withdrawal requests were not previously received from all parties requesting review. Therefore, we are rescinding this review, in part, with respect to a total of three companies.
See Memorandum, “Notice of Intent to Rescind Review, In Part,” dated March 21, 2024 (Intent to Rescind Memorandum).
See Appendix II.
Id.
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. Export price was calculated in accordance with section 772 of the Act. Normal value was calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not directly address the establishment of a rate to be applied to individual companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual review in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally “an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available}.” Section 735(c)(5)(B) of the Act provides that, where all rates are zero, de minimis, or based entirely on facts available, Commerce may use “any reasonable method” for assigning the rate to all other respondents.
In this administrative review, we preliminarily calculated a zero or de minimis dumping margin for ITC Limited and Navneet. Thus, in accordance with section 735(c)(5)(B) of the Act, we are preliminarily assigning to the companies not individually examined a de minimis margin of 0.04 percent, which is the weighted average of the weighted-average dumping margins calculated for ITC Limited and Navneet based on publicly ranged U.S. sales values. The companies not selected for individual examination are listed in Appendix III.
With two respondents under examination, Commerce normally calculates: (A) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly-ranged U.S. sales values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part,75 FR 53661, 53662 (September 1, 2010), and accompanying Issues and Decision Memorandum at Comment 1. As complete publicly ranged sales data were available, Commerce based the rate for the non-examined companies on the publicly ranged sales data of the mandatory respondents. See Preliminary Decision Memorandum at “Companies Not Selected For Individual Examination;” see also Memorandum, “Calculation of Margin for Respondents Not Selected for Individual Examination,” dated concurrently with this notice.
Preliminary Results of Review
As a result of this review, we preliminarily determine the following estimated weighted-average dumping margins exist for the period September 1, 2022, through August 31, 2023: