AD/CV: India Certain Lined Paper Products

The International Trade Administration (ITA) has published in the September 28, 2006 Federal Register its countervailing (CV) and antidumping (AD) duty orders on certain lined paper products (CLPP) from India.

AD/CV cash deposit instructions. As a result, effective for entries with a time of entry on or after September 25, 2006 (the date that the International Trade Commission (ITC’s) final CV and AD injury determinations were published in the Federal Register), U.S. Customs and Border Protection (CBP) must require, at the same time as importers would normally deposit estimated duties on the subject merchandise, a CV or AD cash deposit at the rates listed below:

(a) The CV net subsidy rate for Kejriwal Paper Limited is de minimis, and it is therefore excluded from the CV duty order.

AD - suspension of liquidation, assessment instructions, etc. The ITA is expected to direct U.S. Customs and Border Protection (CBP), for AD purposes, to continue to suspend liquidation and require a bond or cash deposit as applicable on all entries of subject merchandise from India with a time of entry on or after April 17, 2006.

In addition, the ITA states it will direct CBP to assess, upon further advice by the ITA, AD duties on relevant unliquidated entries of subject merchandise from India with a time of entry on or after April 17, 2006.

CV - suspension of liquidation, assessment instructions, etc. The ITA is expected to direct CBP, for CV purposes, to continue to suspend liquidation and require a bond or cash deposit on all entries of subject merchandise from India with a time of entry on or after February 15, 2006 through June 14, 2006.

The ITA states that it will direct CBP to reinstitute the CV suspension of liquidation and the CV cash deposit requirement for subject merchandise with a time of entry on or after September 25, 2006, the effective date of the CV order, with the exception of Kejriwal Paper Limited, which has a de minimis net subsidy rate and is, therefore, exempt from the CV duty order.

Furthermore, the ITA states that it will direct CBP to assess CV duties on relevant unliquidated entries of subject merchandise from India with a time of entry on or after February 15, 2006 through June 14, 2006, and on or after September 25, 2006.

According to the ITA, entries of subject merchandise from India with a time of entry during the "gap period" of June 15, 2006 through September 24, 2006, are not liable for the assessment of CV duties. (The ITA discontinued CV suspension of liquidation and CV bond/cash deposit requirements during this "gap period", as a certain 120 day deadline had passed.)

¹ The order's AD cash deposit rates for these two companies differ from the final determination's weighted-average dumping margins, which are 23.17% and 23.17%, respectively, as the ITA has subtracted the portion of the CV net subsidy found in the ITA CV duty investigation that is attributable to export subsidies.

(See ITA notice for more information, including the scopes of the order, etc. See Online Archives or 08/09/06 news, 06080930, for BP summary of the final affirmative AD duty determination on certain lined paper products from India.

See ITT's Online Archives or 06/22/06 news, 06062250, for BP summary of CBP's message announcing discontinuation of suspension of liquidation and cash deposit/bond requirements for CV duty purposes for certain lined paper products from India.

See ITT's Online Archives or 08/09/06 news, 06080935, for BP summary of the final affirmative CV duty determination on certain lined paper products from India.)

(In this notice the ITA also issued its amended final AD duty determination and order for CLPP from China and AD and CV duty orders for CLPP from Indonesia. See ITT's Online Archives or 10/02/06 news, 06100240, for BP summary of the ITA's amended final AD duty determination and order for CLPP from China. See ITT's Online Archives or 10/03/06 news, 06100330, for BP summary of the AD and CV duty orders for CLPP from Indonesia.)

ITA notice (FR Pub 09/28/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-15935.pdf

ITC final affirmative injury determination (FR Pub 09/25/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-8171.pdf