Coated Free Sheet Paper from the Republic of Korea: Notice of Final Affirmative Countervailing Duty Determination, 60639-60642 [E7-21036]
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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Notices
February 28, 2008, in accordance with
section 751(a)(3)(A) of the Act.
We are issuing and publishing this
notice in accordance with sections
751(a)(3)(A) and 777(i)(1) of the Act.
DEPARTMENT OF COMMERCE
International Trade Administration
A–533–810
Stainless Steel Bar from India:
Extension of Time Limit for the
Preliminary Results of the
Antidumping Duty Administrative
Review
Dated: October 18, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–21038 Filed 10–24–07; 8:45 am]
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 25, 2007.
FOR FURTHER INFORMATION CONTACT:
Scott Holland and/or Brandon
Farlander, AD/CVD Operations, Office
1, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington
DC 20230; telephone (202) 482–1279 or
(202) 482–0182, respectively.
SUPPLEMENTARY INFORMATION:
BILLING CODE 3510–DS–S
AGENCY:
Background
On March 28, 2007, the Department of
Commerce (‘‘the Department’’)
published a notice of initiation of an
administrative review of the
antidumping duty order on stainless
steel bar from India covering the period
February 1, 2006, through January 31,
2007 (72 FR 14516). The preliminary
results for this administrative review are
currently due no later than October 31,
2007.
mstockstill on PROD1PC66 with NOTICES
Extension of Time Limits for
Preliminary Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue the
preliminary results of an administrative
review within 245 days after the last day
of the anniversary month of an
antidumping duty order for which a
review is requested and issue the final
results within 120 days after the date on
which the preliminary results are
published. However, if it is not
practicable to complete the review
within the time period, section
751(a)(3)(A) of the Act allows the
Department to extend these deadlines to
a maximum of 365 days and 180 days,
respectively.
Due to the complexity of the issues in
this case, including affiliation and cost
of production, and outstanding
supplemental responses, it is not
practicable to complete the preliminary
results of this review within the original
time limit (i.e., October 31, 2007).
Therefore, the Department is extending
the time limit for completion of the
preliminary results to no later than
VerDate Aug<31>2005
17:26 Oct 24, 2007
Jkt 214001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–816]
Certain Stainless Steel Butt–Weld Pipe
Fittings from Taiwan: Notice of
Extension of Time Limit for the Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is extending the time
limit for the final results of the
administrative review of the
antidumping duty order on certain
stainless steel butt–weld pipe fittings
from Taiwan. The period of review is
June 1, 2005, through May 31, 2006.
This extension is made pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act).
EFFECTIVE DATE: October 25, 2007.
FOR FURTHER INFORMATION CONTACT: Judy
Lao or John Drury, Office 7, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230, telephone: (202)
482–7924 and (202) 482–0195,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 2, 2007, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on certain
stainless steel butt–weld pipe fittings
from Taiwan covering the period June 1,
2005, through May 31, 2006. See Certain
Stainless Steel Butt–Weld Pipe Fittings
from Taiwan: Preliminary Results of
Antidumping Duty Administrative
Review and Intent to Rescind in Part, 72
FR 35970 (July 2, 2007). The final
results for the antidumping duty
administrative review of certain
stainless steel butt–weld pipe fittings
from Taiwan are currently due no later
than October 30, 2007.
PO 00000
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60639
Extension of Time Limits for Final
Results
Section 751(a)(3)(A) of the Act
requires the Department to issue the
results in an administrative review
within 120 days of the publication of
the preliminary results. However, if it is
not practicable to complete the review
within this time period, section
751(a)(3)(A) of the Act allows the
Department to extend the time limit for
the final results to 180 days (or 300 days
if the Department does not extend the
time limit for the preliminary results)
from the date of publication of the
preliminary results.
In accordance with section
751(a)(3)(A) of the Act, and 19 CFR
351.213(h)(2), the Department finds that
it is not practicable to complete the
review within the original time frame
(i.e., by October 30, 2007). Specifically,
the Department requires additional time
to review complex issues raised in the
case briefs. In addition, the Department
accepted new factual information late in
the proceeding and finds it necessary to
take additional time to complete an
analysis of that information. Because it
is not practicable to complete this
administrative review within the time
limit mandated by section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h)(2), the
Department is extending the time limit
for completion of the final results of this
administrative review by 45 days, to no
later than December 14, 2007.
This notice is published pursuant to
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: October 18, 2007.
Stephen J. Clays,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–21037 Filed 10–24–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(C–580–857)
Coated Free Sheet Paper from the
Republic of Korea: Notice of Final
Affirmative Countervailing Duty
Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: We determine that
countervailable subsidies are being
provided to producers and exporters of
coated free sheet paper from the
Republic of Korea. For information on
the estimated subsidy rates, see the
AGENCY:
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60640
Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Notices
‘‘Suspension of Liquidation’’ section of
this notice.
EFFECTIVE DATE: October 25, 2007.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, Room
4012, 14th Street and Constitution
Avenue, N.W., Washington, D.C. 20230;
Telephone: 202–482–2209.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
Background
This investigation covers 19 programs
and the following manufacturer/
exporters: EN Paper Mfg. Co., Ltd. (EN
Paper) (formerly Shinho Paper Co., Ltd.
(Shinho Paper)), Kyesung Paper Co.,
Ltd. and its affiliate Namhan Paper Co.,
Ltd. (collectively, Kyesung), Moorim
Paper Co. Ltd. (formerly Shinmoorim
Paper Mfg. Co., Ltd.) and its affiliate
Moorim SP (collectively, Moorim), and
Hansol Paper Co., Ltd. (Hansol)
(collectively, respondents).
On April 9, 2007, the Department of
Commerce (the Department) published
in the Federal Register its preliminary
affirmative determination in the
countervailing duty investigation of
coated free sheet paper from the
Republic of Korea. See Coated Free
Paper from the Republic of Korea:
Preliminary Affirmative Countervailing
Duty Determination, 72 FR 17507, 17520
(April 9, 2007) (Preliminary
Determination).
On May 8, 2007, the Department
published in the Federal Register the
Notice of Amended Preliminary
Countervailing Duty Determination:
Coated Free Sheet Paper from the
Republic of Korea, 72 FR 26074 (May 8,
2007) (Amended Preliminary
Determination). From June 11 through
June 29, 2007, we conducted
verification of the questionnaire
responses submitted by the Government
of Korea and respondents.
In the Preliminary Determination, we
found that we required additional
information in order to determine
whether respondents’ short–term
financing from GOK–owned banks and
commercial banks conferred
countervailable benefits. Similarly,
regarding the Industrial Base Fund
(IBF), we found that we required
additional information in order to
determine whether the program
conferred a countervailable subsidy. On
September 6, 2007, we issued our
preliminary findings regarding these
programs. See Memorandum to David
M. Spooner, Assistant Secretary for
Import Administration, through Stephen
J. Claeys, Deputy Assistant Secretary for
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17:26 Oct 24, 2007
Jkt 214001
Import Administration (Preliminary
Decision Memorandum).
We invited interested parties to
comment on the Preliminary
Determination and Preliminary Decision
Memorandum. We received case and
rebuttal briefs from petitioner and
respondents regarding the Preliminary
Determination on August 13 and August
22, 2007, respectively.1 On September
14 and September 19, 2007, we received
case and rebuttal briefs from petitioner
and respondents regarding the
Preliminary Decision Memorandum.
Period of Investigation
The period of investigation (POI) is
January 1, 2005, through December 31,
2005.
Scope of Investigation
The merchandise covered by this
investigation includes coated free sheet
paper and paperboard of a kind used for
writing, printing or other graphic
purposes. Coated free sheet paper is
produced from not–more-than 10
percent by weight mechanical or
combined chemical/mechanical fibers.
Coated free sheet paper is coated with
kaolin (China clay) or other inorganic
substances, with or without a binder,
and with no other coating. Coated free
sheet paper may be surface–colored,
surface–decorated, printed (except as
described below), embossed, or
perforated. The subject merchandise
includes single- and double–side-coated
free sheet paper; coated free sheet paper
in both sheet or roll form; and is
inclusive of all weights, brightness
levels, and finishes. The terms ‘‘wood
free’’ or ‘‘art’’ paper may also be used to
describe the imported product.
Excluded from the scope are: (1)
coated free sheet paper that is imported
printed with final content printed text
or graphics; (2) base paper to be
sensitized for use in photography; and
(3) paper containing by weight 25
percent or more cotton fiber.
Coated free sheet paper is classifiable
under subheadings 4810.13.1900,
4810.13.2010, 4810.13.2090,
4810.13.5000, 4810.13.7040,
4810.14.1900, 4810.14.2010,
4810.14.2090, 4810.14.5000,
4810.14.7040, 4810.19.1900,
4810.19.2010, and 4810.19.2090 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
investigation is dispositive.
1 Petitioner
PO 00000
is the New Page Corporation.
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Scope Comments
On August 20, August 28, and
September 10, 2007, the petitioner
requested that the Department clarify
the scope of the antidumping and
countervailing duty investigations of
CFS paper from Indonesia, Korea and
the People’s Republic of China.
Specifically, the petitioner asked the
Department to ‘‘clarify that the scope of
the investigation includes coated free
sheet paper containing hardwood
BCTMP.’’
Because this was a general issue
pertaining to all six investigations, the
Department set up a general issues file
to handle this scope request. A hearing
on the scope request was held on
September 26, 2007. The hearing
comprised a public session, a closed
session for the antidumping
investigation from Korea, and a closed
session for the countervailing duty
investigation from the PRC. After
considering the comments submitted by
the parties to these investigations, we
have determined not to adopt the scope
clarification sought by the petitioner.
See Memorandum to Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, entitled ‘‘Scope
Clarification Request: NewPage
Corporation’’ dated concurrently with
this notice, which is appended to
‘‘Issues and Decision Memorandum for
the Final Determination in the
Countervailing Duty Investigation of
Coated Free Sheet Paper from the
People’s Republic of China.’’
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation are addressed in the
‘‘Issues and Decision Memorandum’’
(Decision Memorandum) dated October
17, 2007, which is hereby adopted by
this notice. A list of issues that parties
have raised and to which we have
responded, all of which are in the
Decision Memorandum, is attached to
this notice as Appendix I. Parties can
find a complete discussion of all issues
raised in this investigation and the
corresponding recommendations in this
public memorandum, which is on file in
the Central Records Unit. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the World Wide Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i)(I) of the Tariff Act of 1930
(as amended) (the Act), we have
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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Notices
calculated individual rates for the
companies under investigation. For the
period January 1, 2005, through
December 31, 2005, we determine the
net subsidy rates for the investigated
companies are as follows:
Producer/Exporter
EN Paper Mfg. Co., Ltd.
(EN Paper) ................
Kyesung Paper Co.,
Ltd. and its affiliate
Namhan Paper Co.,
Ltd. (collectively,
Kyesung) ...................
mstockstill on PROD1PC66 with NOTICES
Moorim Paper Co. Ltd.
and its affiliate
Moorim SP (collectively, Moorim) ...........
Hansol Paper Co., Ltd.
(Hansol) .....................
exist, we will issue a countervailing
duty order.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
Net Subsidy Rate
making available to the ITC all non–
privileged and non–proprietary
information related to this investigation.
0.04 percent (de
We will allow the ITC access to all
minimis)
privileged and business proprietary
information in our files, provided that
the ITC confirms that it will not disclose
such information, either publicly or
1.46 percent ad under an administrative protective order
valorem (APO), without the written consent of
the Assistant Secretary for Import
Administration.
Return or Destruction of Proprietary
Information
0.17 percent (de
In the event that the ITC issues a final
minimis)
All Others Rate .............
1.46 percent ad negative injury determination, this
valorem notice will serve as the only reminder
to parties subject to APO of their
Under section 705(c)(5)(A) of the Act, responsibility concerning the
the ‘‘All Others’’ rate is equal to the
destruction of proprietary information
weight–averaged countervailable
disclosed under APO in accordance
subsidy rates established for exporters
with 19 CFR 351.305(a)(3). Failure to
and producers individually
comply is a violation of the APO.
investigated, excluding any zero and de
This determination is published
minimis countervailable subsidy rates
pursuant to sections 705(d) and 777(i) of
and any rates determined under section the Act.
776 of the Act. In this investigation, the
Dated: October 17, 2007.
‘‘All Others’’ rate is equal to the
David M. Spooner,
countervailable net subsidy rate
Assistant Secretary for Import
calculated for Kyesung, the only
Administration.
individually investigated respondent
with an affirmative net subsidy rate.
Appendix I
In accordance with our Amended
I. SUMMARY
Preliminary Determination, we
II. SCOPE COMMENTS
instructed U.S. Customs and Border
III. PERIOD OF INVESTIGATION
Protection (CBP) to terminate
IV. SUBSIDIES VALUATION
suspension of liquidation of all entries
INFORMATION
of subject merchandise from Korea on or
A. Benchmark for Short–Term Loans
after April 9, 2007, the date of the
B. Benchmark for Long–Term Loans
publication of our Preliminary
C. Benchmark Discount Rates
Determination in the Federal Register.
D. Allocation Period
We will reinstate suspension of
V. CROSS–OWNERSHIP
liquidation under sections 705(c)(1)(C)
VI. CREDITWORTHINESS
and 703(d)(2) of the Act for all entries
VII. EQUITYWORTHINESS
of subject merchandise other than those VIII. PROGRAMS DETERMINED TO BE
produced and exported by EN Paper,
COUNTERVAILABLE
Hansol, and Moorim and will require a
A. Poongman Restructuring
cash deposit or posting of a bond equal
B. Export and Import Credit Financing
to estimated countervailing duties in the
from KEXIM
amounts indicated above, effective the
C. Sale of Pulp for Less Than
publication date of our final
Adequate Remuneration
determination in the Federal Register.
D. Sales of Pulp From Raw Material
If the International Trade Commission
Reserve for Less Than Adequate
(ITC) determines that material injury, or
Remuneration
threat of material injury, does not exist,
E. Reduction in Taxes for Operation
this proceeding will be terminated and
in Regional and National Industrial
all estimated duties deposited or
Complexes
securities posted as a result of the
F. Duty Drawback on Non–Physically
suspension of liquidation will be
Incorporated Items and Excess Loss
refunded or canceled. If however, the
Rate
ITC determines that such injury does
G. Loans Under the Industrial Base
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17:26 Oct 24, 2007
0.00 percent
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PO 00000
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60641
Fund (IBF)
H. Export Loans by Commercial Banks
Under KEXIM’s Trade Bill
Rediscounting Program
I. D/A Loans Issued by the KDB and
Other Government–Owned Banks
IX. PROGRAMS DETERMINED TO BE
NOT COUNTERVAILABLE
A. Long–Term Lending Provided by
the KDB and Other GOK–Owned
Institutions
B. Direction of Credit to the Pulp and
Paper Sector
C. Usance Loans Issued by the KDB
and Other Government–Owned
Banks
D. Shinho Restructuring
1. Debt–to-Equity Swaps and
Conversion of Convertible Bonds to
Equity
2. Extension of Debt Maturities
3. New Loans
X. OTHER PROGRAMS: LOANS
UNDER THE ACCL PROGRAM
A. Trade Financing Under the ACCL
Program
B. Commercial Paper Loans Under the
ACCL Program
C. Corporate Procurement Loans
Under the ACCL Program
D. Electronically Processed Secured
Receivables Loans
E. Funds for the Production of Basic
Materials or Parts
XI. TERMINATED PROGRAMS
A. Loans Under the KDB’s Rediscount
Program
XII. ANALYSIS OF COMMENTS
Comment 1: Whether the GOK Directed
Credit to the Pulp and Paper Industry
Comment 2: Stainless Steel Is Not
Applicable to Poongman’s Restructuring
Comment 3: GOK Assisted and Directed
Credit to Poongman During its
Restructuring
Comment 4: Poongman Was
Unequityworthy and Uncreditworthy
Comment 5: Poongman Did Not Benefit
from Debt Forgiveness
Comment 6: Evidence of Entrustment or
Direction of Shinho’s Creditors
Comment 7: GOK Ownership of
Shinho’s Creditors and the Corporate
Restructuring Process
Comment 8: Whether Shinho Was
Uncreditworthy During its 1998, 2000,
and 2002 Restructurings and 2004
Syndicated Loan
Comment 9: Whether Shinho Was
Unequityworthy During its 1998, 2000,
and 2002 Restructurings
Comment 10: The Validity of the
Analyses of Shinho’s Financial Status
Conducted by Third Parties
Comment 11: Donghae Pulp’s Sale of
Chemical Pulp for Less Than Adequate
Remuneration
Comment 12: Commerce Correctly
Calculated the Benefits from Donghae
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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Notices
Pulp Based On Monthly Weighted–
Average Prices
Comment 13: If the Department
Continues to Calculate Monthly
Weighted–Average Prices for Donghae
Pulp, Certain Methodological
Corrections Are Required
Comment 14: Hansol’s Arguments that
Donghae Pulp is Owned or Controlled
by the GOK
Comment 15: The Benefit Calculation
for Donghae Pulp’s Sale of Pulp Must
Account for Prevailing Market
Conditions
Comment 16: Whether Usance and
Document Acceptance Loans Provided
Outside of the ACCL Program Are
Countervailable
Comment 17: Whether the Department
Should Pro–Rate Benefits on D/A Loans
Under the Korea Export Import Bank
(KEXIM ) Program
Comment 18: Source Data of the
Benchmark To Be Applied to D/A Loans
Under the KEXIM Rediscount Program
and Usance Loans Issued by GOK
Authorities
Comment 19: Calculation of Benchmark
To Be Applied to D/A Loans Under the
KEXIM Rediscount Program
Comment 20: Whether Commercial
Paper and Corporate Procurement Loans
are Countervailable
Comment 21: Use of Company–Specific
Benchmark to Measure the Benefit to
Hansol Under KEXIM’s Export and
Import Credit Financing Program
Comment 22: Use of Non–CompanySpecific Benchmarks for KEXIM’s
Import and Export Credit Financing
Program
Comment 23: Whether Hansol Received
Countervailable Benefits Through the
KDB’s Placement of its Corporate Bonds
Comment 24: Whether Loans from the
Industrial Base Fund (IBF) Constitute
Countervailable Export Subsidies
Comment 25: Benchmark Rates for
Long–Term Korean Won–Denominated
Loans
XIII. RECOMMENDATION
[FR Doc. E7–21036 Filed 10–24–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on PROD1PC66 with NOTICES
C–560–821
Coated Free Sheet Paper from
Indonesia: Final Affirmative
Countervailing Duty Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has reached a final
AGENCY:
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17:26 Oct 24, 2007
Jkt 214001
determination that countervailable
subsidies are being provided to
producers and exporters of coated free
sheet paper (CFS) from Indonesia. For
information on the countervailable
subsidy rates, please see the ‘‘Final
Determination’’ section of this notice.
EFFECTIVE DATE: October 25, 2007.
FOR FURTHER INFORMATION CONTACT:
Sean Carey, Nicholas Czajkowski, or
Gene Calvert, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, Room
7866, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3964, (202) 482–
1395, or (202) 482–3586, respectively.
SUPPLEMENTARY INFORMATION:
Case History
On April 9, 2007, the Department
published Coated Free Sheet Paper from
Indonesia: Notice of Preliminary
Affirmative Countervailing Duty
Determination, 72 FR 17498 (April 9,
2007) (Preliminary Determination).
Since the issuance of the Preliminary
Determination, the following events
have occurred. On April 10 and May 18,
2007, the Department issued
supplemental questionnaires to the
Government of Indonesia (GOI) and to
PT. Pabrik Kertas Tjiwi Kimia Tbk. (TK)
and Pindo Deli Pulp and Paper Mills
(PD) (the respondent companies). On
April 20 and May 24, 2007, the
Department issued initial and
supplemental questionnaires to the GOI
and to the respondent companies
regarding the petitioner’s December 15,
2007 additional allegations concerning
debt forgiveness. Both parties submitted
timely responses to all of the
Department’s questionnaires and
supplemental questionnaires.
On May 2, 2007, the Department
aligned the final determination in this
countervailing duty investigation with
the final determination in the
companion antidumping duty
investigation. See Coated Free Sheet
Paper from Indonesia, the People’s
Republic of China, and the Republic of
Korea: Alignment of Final
Countervailing Duty Determinations
with Final Antidumping Duty
Determinations, 72 FR 24277 (May 2,
2007). On May 10, 2007, NewPage
Corporation (the petitioner) requested a
hearing pursuant to 19 CFR 351.310(c)
and the Department’s Preliminary
Determination.
On June 18 and June 19, 2007, the
petitioner and the respondent
companies submitted new factual
information concerning the
Department’s investigation of the ‘‘GOI
PO 00000
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Provision of Standing Timber for Less
than Adequate Remuneration,’’ or
‘‘stumpage.’’ On June 28, 2007, the
petitioner submitted rebuttal comments
regarding the respondent companies’
new factual information submission.
From June 25 through July 13, 2007,
the Department conducted verification
of the questionnaire responses provided
by the GOI and the respondent
companies. On July 13, 2007, the
petitioner filed an upstream subsidy
allegation, claiming, in accordance with
section 771A(a) of the Tariff Act of
1930, as amended, (the Act), that (1) a
subsidy, other than an export subsidy,
has been paid or bestowed on an input
product that is used in the manufacture
or production of merchandise subject to
a countervailing duty proceeding; (2)
the subsidy bestows a competitive
benefit on the merchandise; and (3) the
subsidy has a significant effect on the
cost of manufacturing or producing the
merchandise. On July 23, 2007, the
respondent companies filed rebuttal
comments, and on August 10, 2007, the
petitioner filed surrebuttal comments on
this allegation.
The Department issued verification
reports on August 24, 2007: see
Memoranda to the File, Countervailing
Duty Investigation of Coated Free Sheet
(CFS) Paper from Indonesia:
Verification of the Questionnaire
Responses Submitted by Ministry of
Forestry and the Ministry of Finance;
Countervailing Duty Investigation of
Coated Free Sheet Paper from
Indonesia: Verification of Cross–
Ownership and Debt Restructuring for
the Asia Pulp and Paper/Sinar Mas
Group; Countervailing Duty
Investigation of Coated Free Sheet Paper
from Indonesia: Verification of PT Pindo
Deli Pulp & Paper Mills and PT. Pabrik
Kertas Tjiwi Kimia (Paper Producers/
Exports) and PT Cakrawala Mega Indah
(trading company); Countervailing Duty
Investigation of Coated Free Sheet (CFS)
Paper from Indonesia: Verification of
the Questionnaire Responses Submitted
by Pulp Producers PT. Lontar Papyrus
Pulp and Paper and Indah Kiat Pulp
and Paper Tbk.; and, Countervailing
Duty Investigation of Coated Free Sheet
(CFS) Paper from Indonesia:
Verification of the Questionnaire
Responses Submitted by Forestry
Companies PT. Arara Abadi, PT.
Wirakarya Sakti, PT. Finnantara Intiga,
and PT. Riau Abadi Lestari.
On September 5 and September 6,
2007, the petitioner, the GOI, the
respondent companies, and the United
Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO, CLC
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]]>Agencies
[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Notices]
[Pages 60639-60642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21036]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(C-580-857)
Coated Free Sheet Paper from the Republic of Korea: Notice of
Final Affirmative Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: We determine that countervailable subsidies are being provided
to producers and exporters of coated free sheet paper from the Republic
of Korea. For information on the estimated subsidy rates, see the
[[Page 60640]]
``Suspension of Liquidation'' section of this notice.
EFFECTIVE DATE: October 25, 2007.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, Room 4012, 14th Street and Constitution
Avenue, N.W., Washington, D.C. 20230; Telephone: 202-482-2209.
SUPPLEMENTARY INFORMATION:
Background
This investigation covers 19 programs and the following
manufacturer/exporters: EN Paper Mfg. Co., Ltd. (EN Paper) (formerly
Shinho Paper Co., Ltd. (Shinho Paper)), Kyesung Paper Co., Ltd. and its
affiliate Namhan Paper Co., Ltd. (collectively, Kyesung), Moorim Paper
Co. Ltd. (formerly Shinmoorim Paper Mfg. Co., Ltd.) and its affiliate
Moorim SP (collectively, Moorim), and Hansol Paper Co., Ltd. (Hansol)
(collectively, respondents).
On April 9, 2007, the Department of Commerce (the Department)
published in the Federal Register its preliminary affirmative
determination in the countervailing duty investigation of coated free
sheet paper from the Republic of Korea. See Coated Free Paper from the
Republic of Korea: Preliminary Affirmative Countervailing Duty
Determination, 72 FR 17507, 17520 (April 9, 2007) (Preliminary
Determination).
On May 8, 2007, the Department published in the Federal Register
the Notice of Amended Preliminary Countervailing Duty Determination:
Coated Free Sheet Paper from the Republic of Korea, 72 FR 26074 (May 8,
2007) (Amended Preliminary Determination). From June 11 through June
29, 2007, we conducted verification of the questionnaire responses
submitted by the Government of Korea and respondents.
In the Preliminary Determination, we found that we required
additional information in order to determine whether respondents'
short-term financing from GOK-owned banks and commercial banks
conferred countervailable benefits. Similarly, regarding the Industrial
Base Fund (IBF), we found that we required additional information in
order to determine whether the program conferred a countervailable
subsidy. On September 6, 2007, we issued our preliminary findings
regarding these programs. See Memorandum to David M. Spooner, Assistant
Secretary for Import Administration, through Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration (Preliminary Decision
Memorandum).
We invited interested parties to comment on the Preliminary
Determination and Preliminary Decision Memorandum. We received case and
rebuttal briefs from petitioner and respondents regarding the
Preliminary Determination on August 13 and August 22, 2007,
respectively.\1\ On September 14 and September 19, 2007, we received
case and rebuttal briefs from petitioner and respondents regarding the
Preliminary Decision Memorandum.
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\1\ Petitioner is the New Page Corporation.
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Period of Investigation
The period of investigation (POI) is January 1, 2005, through
December 31, 2005.
Scope of Investigation
The merchandise covered by this investigation includes coated free
sheet paper and paperboard of a kind used for writing, printing or
other graphic purposes. Coated free sheet paper is produced from not-
more-than 10 percent by weight mechanical or combined chemical/
mechanical fibers. Coated free sheet paper is coated with kaolin (China
clay) or other inorganic substances, with or without a binder, and with
no other coating. Coated free sheet paper may be surface-colored,
surface-decorated, printed (except as described below), embossed, or
perforated. The subject merchandise includes single- and double-side-
coated free sheet paper; coated free sheet paper in both sheet or roll
form; and is inclusive of all weights, brightness levels, and finishes.
The terms ``wood free'' or ``art'' paper may also be used to describe
the imported product.
Excluded from the scope are: (1) coated free sheet paper that is
imported printed with final content printed text or graphics; (2) base
paper to be sensitized for use in photography; and (3) paper containing
by weight 25 percent or more cotton fiber.
Coated free sheet paper is classifiable under subheadings
4810.13.1900, 4810.13.2010, 4810.13.2090, 4810.13.5000, 4810.13.7040,
4810.14.1900, 4810.14.2010, 4810.14.2090, 4810.14.5000, 4810.14.7040,
4810.19.1900, 4810.19.2010, and 4810.19.2090 of the Harmonized Tariff
Schedule of the United States (HTSUS). While HTSUS subheadings are
provided for convenience and customs purposes, our written description
of the scope of this investigation is dispositive.
Scope Comments
On August 20, August 28, and September 10, 2007, the petitioner
requested that the Department clarify the scope of the antidumping and
countervailing duty investigations of CFS paper from Indonesia, Korea
and the People's Republic of China. Specifically, the petitioner asked
the Department to ``clarify that the scope of the investigation
includes coated free sheet paper containing hardwood BCTMP.''
Because this was a general issue pertaining to all six
investigations, the Department set up a general issues file to handle
this scope request. A hearing on the scope request was held on
September 26, 2007. The hearing comprised a public session, a closed
session for the antidumping investigation from Korea, and a closed
session for the countervailing duty investigation from the PRC. After
considering the comments submitted by the parties to these
investigations, we have determined not to adopt the scope clarification
sought by the petitioner. See Memorandum to Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, entitled ``Scope
Clarification Request: NewPage Corporation'' dated concurrently with
this notice, which is appended to ``Issues and Decision Memorandum for
the Final Determination in the Countervailing Duty Investigation of
Coated Free Sheet Paper from the People's Republic of China.''
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) dated October 17, 2007, which is
hereby adopted by this notice. A list of issues that parties have
raised and to which we have responded, all of which are in the Decision
Memorandum, is attached to this notice as Appendix I. Parties can find
a complete discussion of all issues raised in this investigation and
the corresponding recommendations in this public memorandum, which is
on file in the Central Records Unit. In addition, a complete version of
the Decision Memorandum can be accessed directly on the World Wide Web
at https://ia.ita.doc.gov/frn. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i)(I) of the Tariff Act of
1930 (as amended) (the Act), we have
[[Page 60641]]
calculated individual rates for the companies under investigation. For
the period January 1, 2005, through December 31, 2005, we determine the
net subsidy rates for the investigated companies are as follows:
------------------------------------------------------------------------
Producer/Exporter Net Subsidy Rate
------------------------------------------------------------------------
EN Paper Mfg. Co., Ltd. (EN Paper).................. 0.04 percent (de
minimis)
Kyesung Paper Co., Ltd. and its affiliate Namhan 1.46 percent ad
Paper Co., Ltd. (collectively, Kyesung)............ valorem
Moorim Paper Co. Ltd. and its affiliate Moorim SP 0.00 percent
(collectively, Moorim).............................
Hansol Paper Co., Ltd. (Hansol)..................... 0.17 percent (de
minimis)
All Others Rate..................................... 1.46 percent ad
valorem
------------------------------------------------------------------------
Under section 705(c)(5)(A) of the Act, the ``All Others'' rate is
equal to the weight-averaged countervailable subsidy rates established
for exporters and producers individually investigated, excluding any
zero and de minimis countervailable subsidy rates and any rates
determined under section 776 of the Act. In this investigation, the
``All Others'' rate is equal to the countervailable net subsidy rate
calculated for Kyesung, the only individually investigated respondent
with an affirmative net subsidy rate.
In accordance with our Amended Preliminary Determination, we
instructed U.S. Customs and Border Protection (CBP) to terminate
suspension of liquidation of all entries of subject merchandise from
Korea on or after April 9, 2007, the date of the publication of our
Preliminary Determination in the Federal Register.
We will reinstate suspension of liquidation under sections
705(c)(1)(C) and 703(d)(2) of the Act for all entries of subject
merchandise other than those produced and exported by EN Paper, Hansol,
and Moorim and will require a cash deposit or posting of a bond equal
to estimated countervailing duties in the amounts indicated above,
effective the publication date of our final determination in the
Federal Register.
If the International Trade Commission (ITC) determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated and all estimated duties deposited or
securities posted as a result of the suspension of liquidation will be
refunded or canceled. If however, the ITC determines that such injury
does exist, we will issue a countervailing duty order.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided that the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Import Administration.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Failure to comply is a violation of the APO.
This determination is published pursuant to sections 705(d) and
777(i) of the Act.
Dated: October 17, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
I. SUMMARY
II. SCOPE COMMENTS
III. PERIOD OF INVESTIGATION
IV. SUBSIDIES VALUATION INFORMATION
A. Benchmark for Short-Term Loans
B. Benchmark for Long-Term Loans
C. Benchmark Discount Rates
D. Allocation Period
V. CROSS-OWNERSHIP
VI. CREDITWORTHINESS
VII. EQUITYWORTHINESS
VIII. PROGRAMS DETERMINED TO BE COUNTERVAILABLE
A. Poongman Restructuring
B. Export and Import Credit Financing from KEXIM
C. Sale of Pulp for Less Than Adequate Remuneration
D. Sales of Pulp From Raw Material Reserve for Less Than Adequate
Remuneration
E. Reduction in Taxes for Operation in Regional and National
Industrial Complexes
F. Duty Drawback on Non-Physically Incorporated Items and Excess
Loss Rate
G. Loans Under the Industrial Base Fund (IBF)
H. Export Loans by Commercial Banks Under KEXIM's Trade Bill
Rediscounting Program
I. D/A Loans Issued by the KDB and Other Government-Owned Banks
IX. PROGRAMS DETERMINED TO BE NOT COUNTERVAILABLE
A. Long-Term Lending Provided by the KDB and Other GOK-Owned
Institutions
B. Direction of Credit to the Pulp and Paper Sector
C. Usance Loans Issued by the KDB and Other Government-Owned Banks
D. Shinho Restructuring
1. Debt-to-Equity Swaps and Conversion of Convertible Bonds to
Equity
2. Extension of Debt Maturities
3. New Loans
X. OTHER PROGRAMS: LOANS UNDER THE ACCL PROGRAM
A. Trade Financing Under the ACCL Program
B. Commercial Paper Loans Under the ACCL Program
C. Corporate Procurement Loans Under the ACCL Program
D. Electronically Processed Secured Receivables Loans
E. Funds for the Production of Basic Materials or Parts
XI. TERMINATED PROGRAMS
A. Loans Under the KDB's Rediscount Program
XII. ANALYSIS OF COMMENTS
Comment 1: Whether the GOK Directed Credit to the Pulp and Paper
Industry
Comment 2: Stainless Steel Is Not Applicable to Poongman's
Restructuring
Comment 3: GOK Assisted and Directed Credit to Poongman During its
Restructuring
Comment 4: Poongman Was Unequityworthy and Uncreditworthy
Comment 5: Poongman Did Not Benefit from Debt Forgiveness
Comment 6: Evidence of Entrustment or Direction of Shinho's Creditors
Comment 7: GOK Ownership of Shinho's Creditors and the Corporate
Restructuring Process
Comment 8: Whether Shinho Was Uncreditworthy During its 1998, 2000, and
2002 Restructurings and 2004 Syndicated Loan
Comment 9: Whether Shinho Was Unequityworthy During its 1998, 2000, and
2002 Restructurings
Comment 10: The Validity of the Analyses of Shinho's Financial Status
Conducted by Third Parties
Comment 11: Donghae Pulp's Sale of Chemical Pulp for Less Than Adequate
Remuneration
Comment 12: Commerce Correctly Calculated the Benefits from Donghae
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Pulp Based On Monthly Weighted-Average Prices
Comment 13: If the Department Continues to Calculate Monthly Weighted-
Average Prices for Donghae Pulp, Certain Methodological Corrections Are
Required
Comment 14: Hansol's Arguments that Donghae Pulp is Owned or Controlled
by the GOK
Comment 15: The Benefit Calculation for Donghae Pulp's Sale of Pulp
Must Account for Prevailing Market Conditions
Comment 16: Whether Usance and Document Acceptance Loans Provided
Outside of the ACCL Program Are Countervailable
Comment 17: Whether the Department Should Pro-Rate Benefits on D/A
Loans Under the Korea Export Import Bank (KEXIM ) Program
Comment 18: Source Data of the Benchmark To Be Applied to D/A Loans
Under the KEXIM Rediscount Program and Usance Loans Issued by GOK
Authorities
Comment 19: Calculation of Benchmark To Be Applied to D/A Loans Under
the KEXIM Rediscount Program
Comment 20: Whether Commercial Paper and Corporate Procurement Loans
are Countervailable
Comment 21: Use of Company-Specific Benchmark to Measure the Benefit to
Hansol Under KEXIM's Export and Import Credit Financing Program
Comment 22: Use of Non-Company-Specific Benchmarks for KEXIM's Import
and Export Credit Financing Program
Comment 23: Whether Hansol Received Countervailable Benefits Through
the KDB's Placement of its Corporate Bonds
Comment 24: Whether Loans from the Industrial Base Fund (IBF)
Constitute Countervailable Export Subsidies
Comment 25: Benchmark Rates for Long-Term Korean Won-Denominated Loans
XIII. RECOMMENDATION
[FR Doc. E7-21036 Filed 10-24-07; 8:45 am]
BILLING CODE 3510-DS-S
