Certain Coated Paper Suitable For High-Quality Print Graphics Using Sheet-Fed Presses from the People's Republic of China: Amended Affirmative Preliminary Countervailing Duty Determination, 30370-30371 [2010-13068]
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30370
Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices
in accordance with 19 CFR 351.224(e),
we have made changes, as described
below, to the Preliminary
Determination.
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–959]
Certain Coated Paper Suitable For
High–Quality Print Graphics Using
Sheet–Fed Presses from the People’s
Republic of China: Amended
Affirmative Preliminary Countervailing
Duty Determination
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The purpose of this amended
affirmative preliminary determination is
to correct significant ministerial errors
in the preliminary determination,
published on March 9, 2010, that
countervailable subsidies are being
provided to producers and exporters of
certain coated paper suitable for high–
quality print graphics using sheet–fed
presses from the People’s Republic of
China (‘‘PRC’’).
EFFECTIVE DATE: June 1, 2010.
FOR FURTHER INFORMATION CONTACT:
David Neubacher, 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)
482–5823.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with NOTICES
Background
On March 9, 2010, we published our
preliminary determination stating that
countervailable subsidies are being
provided to producers and exporters of
coated paper from the PRC. See Certain
Coated Paper Suitable For High–Quality
Print Graphics Using Sheet–Fed Presses
from the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Countervailing Duty
Determination with Final Antidumping
Duty Determination, 75 FR 10774
(March 9, 2010) (‘‘Preliminary
Determination’’). On March 23, 2010,
Appleton Coated LLC, NewPage
Corporation, S.D. Warren Company d/b/
a Sappi Fine Paper North America, and
the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union (collectively,
‘‘Petitioners’’) filed a timely allegation of
significant ministerial errors contained
in the Department’s Preliminary
Determination. No rebuttal comments
were received. After reviewing the
allegation, we have determined that the
Preliminary Determination included
significant ministerial errors. Therefore,
VerDate Mar<15>2010
15:41 May 28, 2010
Jkt 220001
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
Scope of the Investigation
The scope of this investigation
consists of Coated Paper, which are
certain coated paper and paperboard1 in
sheets suitable for high quality print
graphics using sheet–fed presses; coated
on one or both sides with kaolin (China
or other clay), calcium carbonate,
titanium dioxide, and/or other inorganic
substances; with or without a binder;
having a GE brightness level of 80 or
higher;2 weighing not more than 340
grams per square meter; whether gloss
grade, satin grade, matte grade, dull
grade, or any other grade of finish;
whether or not surface–colored,
surface–decorated, printed (except as
described below), embossed, or
perforated; and irrespective of
dimensions.
Coated Paper includes: (a) coated free
sheet paper and paperboard that meets
this scope definition; (b) coated
groundwood paper and paperboard
produced from bleached chemi–thermomechanical pulp (‘‘BCTMP’’) that meets
this scope definition; and (c) any other
coated paper and paperboard that meets
this scope definition.
Coated Paper is typically (but not
exclusively) used for printing multi–
colored graphics for catalogues, books,
magazines, envelopes, labels and wraps,
greeting cards, and other commercial
printing applications requiring high
quality print graphics.
Specifically excluded from the scope
are imports of paper and paperboard
printed with final content printed text
or graphics.
As of 2009, imports of the subject
merchandise are provided for under the
following categories of the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’): 4810.14.11, 4810.14.1900,
4810.14.2010, 4810.14.2090,
4810.14.5000, 4810.14.6000, 4810.14.70,
4810.19.1100, 4810.19.1900,
4810.19.2010, 4810.19.2090,
4810.22.1000, 4810.22.50, 4810.22.6000,
4810.22.70, 4810.29.1000, 4810.29.5000,
4810.29.6000, 4810.29.70. While
Analysis of Alleged Significant
Ministerial Error
A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ With respect to
preliminary determinations, 19 CFR
351.224(e) provides that the Department
‘‘will analyze any comments received
and, if appropriate, correct any
significant ministerial error by
amending the preliminary
determination. . .’’ A significant
ministerial error is defined as an error,
the correction of which, singly or in
combination with other errors, would
result in: (1) a change of at least five
absolute percentage points in, but not
less than 25 percent of, the
countervailable subsidy rate calculated
in the original (erroneous) preliminary
determination; or (2) a difference
between a countervailable subsidy rate
of zero (or de minimis) and a
countervailable subsidy rate of greater
than de minimis or vice versa. See 19
CFR 351.224(g).
We have determined that the
Preliminary Determination contained
ministerial errors with respect to Gold
East Trading (Hong Kong) Company
Limited, Gold East Paper (Jiangsu) Co.,
Ltd. and Gold Huasheng Paper Co., Ltd.
(collectively, ‘‘Gold companies’’).
Correction of these ministerial errors
results in the Gold companies’ subsidy
rate changing by more than five absolute
points and not less than 25 percent of
the originally calculated margin. Thus,
the ministerial errors are significant
pursuant to 19 CFR 351.224(g). See
Memorandum to Susan Kuhbach,
Director, Office 1, AD/CVD Operations,
entitled, ‘‘Ministerial Error Allegations’’
(May 24, 2010) for the analysis
performed. This memorandum is on file
in the Department’s Central Records
Unit in Room 1117 of the main
Department building.
1 ‘‘1Paperboard’ refers to Coated Paper that is
heavier, thicker and more rigid than coated paper
which otherwise meets the product description. In
the context of Coated Paper, paperboard typically
is referred to as 1cover,’ to distinguish it from 1text.’’’
2 One of the key measurements of any grade of
paper is brightness. Generally speaking, the brighter
the paper the better the contrast between the paper
and the ink. Brightness is measured using a GE
Reflectance Scale, which measures the reflection of
light off of a grade of paper. One is the lowest
reflection, or what would be given to a totally black
grade, and 100 is the brightest measured grade.
Amended Preliminary Determination
Because the errors alleged by
Petitioners regarding the countervailable
subsidy rate calculation for the Gold
companies are significant, we are
amending the preliminary
countervailing duty rate calculation for
them pursuant to 19 CFR 351.224(e). In
addition, the calculated All Others’ rate
in the Preliminary Determination was
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30371
Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices
based on the simple average of the Gold
companies’ and Shandong Sun Paper
Industry Joint Stock Co., Ltd.’s and its
affiliate’s, Yanzhou Tianzhang Paper
Industry Co., Ltd., (collectively, ‘‘Sun
Paper companies’’) subsidy rates. Thus,
we have also amended the All Others’
rate to account for the change in the
Gold companies’ subsidy rate. To that
end, we calculated the simple average of
the Gold companies’ revised subsidy
rate and the Sun Paper companies’
subsidy rate, unchanged from the
Preliminary Determination.
As a result of corrections of
ministerial errors, the amended
preliminary net countervailable subsidy
rates are as follows:
Exporter/Manufacturer
Gold East Paper (Jiangsu)
Co., Ltd, Gold
Huasheng Paper Co.,
Ltd., Gold East Trading
(Hong Kong) Company
Ltd., Ningbo Zhonghua
Paper Co., Ltd., and
Ningbo Asia Pulp &
Paper Co., Ltd. .............
Shandong Sun Paper Industry Joint Stock Co.,
Ltd. and Yanzhou
Tianzhang Paper Industry Co., Ltd. ...................
All Others .........................
Original
Subsidy
Rate
12.83
3.92
8.38
Amended Subsidy
Rate
20.07
3.92
12.00
Suspension of Liquidation
The collection of bonds or cash
deposits and suspension of liquidation
will be revised, in accordance with
section 703(d) and (f) of the Act.
Specifically, we will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to continue to suspend liquidation and
to require a cash deposit or bond in the
amounts indicated above, on all entries
of coated paper from the PRC that are
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we have notified the U.S.
International Trade Commission (‘‘ITC’’)
of our amended affirmative preliminary
determination. If our final
countervailing duty determination is
affirmative, the ITC will determine
whether the imports covered by that
determination are materially injuring, or
threatening material injury to, the U.S.
industry.
This determination is issued and
published pursuant to sections 703(f)
and 777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: May 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
Background
Every five years, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) and the
International Trade Commission
automatically initiate and conduct a
review to determine whether revocation
of a countervailing or antidumping duty
order or termination of an investigation
suspended under section 704 or 734 of
the Act would be likely to lead to
continuation or recurrence of dumping
or a countervailable subsidy (as the case
may be) and of material injury.
Upcoming Sunset Reviews for July 2010
The following Sunset Reviews are
scheduled for initiation in July 2010 and
will appear in that month’s Notice of
Initiation of Five-Year Sunset Reviews.
[FR Doc. 2010–13068 Filed 5–28–10; 8:45 am]
BILLING CODE 3510–DS–S
Department contact
Antidumping Duty Proceedings
Polychloroprene Rubber from Japan (A–588–046) (3rd Review) .....................................................................
Petroleum Wax Candles from the PRC (A–570–504) (3rd Review) .................................................................
Dana Mermelstein (202) 482–1391.
Jennifer Moats (202) 482–5047.
Countervailing Duty Proceedings
No Sunset Review of countervailing duty orders is scheduled for initiation in July 2010.
erowe on DSK5CLS3C1PROD with NOTICES
Suspended Investigations
No Sunset Review of suspended
investigations is scheduled for initiation
in July 2010.
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in 19 CFR 351.218. Guidance on
methodological or analytical issues
relevant to the Department’s conduct of
Sunset Reviews is set forth in the
Department’s Policy Bulletin 98.3—
Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of Antidumping
and Countervailing Duty Orders; Policy
Bulletin, 63 FR 18871 (April 16, 1998)
. The Notice of Initiation of Five-Year
(‘‘Sunset’’) Reviews provides further
information regarding what is required
VerDate Mar<15>2010
15:41 May 28, 2010
Jkt 220001
of all parties to participate in Sunset
Reviews.
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 10 days of the publication of the
Notice of Initiation.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
the review will continue. Thereafter,
any interested party wishing to
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participate in the Sunset Review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: May 25, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–13061 Filed 5–28–10; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Notices]
[Pages 30370-30371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13068]
[[Page 30370]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-959]
Certain Coated Paper Suitable For High-Quality Print Graphics
Using Sheet-Fed Presses from the People's Republic of China: Amended
Affirmative Preliminary Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The purpose of this amended affirmative preliminary
determination is to correct significant ministerial errors in the
preliminary determination, published on March 9, 2010, that
countervailable subsidies are being provided to producers and exporters
of certain coated paper suitable for high-quality print graphics using
sheet-fed presses from the People's Republic of China (``PRC'').
EFFECTIVE DATE: June 1, 2010.
FOR FURTHER INFORMATION CONTACT: David Neubacher, 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) 482-5823.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2010, we published our preliminary determination
stating that countervailable subsidies are being provided to producers
and exporters of coated paper from the PRC. See Certain Coated Paper
Suitable For High-Quality Print Graphics Using Sheet-Fed Presses from
the People's Republic of China: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final Countervailing Duty
Determination with Final Antidumping Duty Determination, 75 FR 10774
(March 9, 2010) (``Preliminary Determination''). On March 23, 2010,
Appleton Coated LLC, NewPage Corporation, S.D. Warren Company d/b/a
Sappi Fine Paper North America, and the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union (collectively, ``Petitioners'') filed a
timely allegation of significant ministerial errors contained in the
Department's Preliminary Determination. No rebuttal comments were
received. After reviewing the allegation, we have determined that the
Preliminary Determination included significant ministerial errors.
Therefore, in accordance with 19 CFR 351.224(e), we have made changes,
as described below, to the Preliminary Determination.
Scope of the Investigation
The scope of this investigation consists of Coated Paper, which are
certain coated paper and paperboard\1\ in sheets suitable for high
quality print graphics using sheet-fed presses; coated on one or both
sides with kaolin (China or other clay), calcium carbonate, titanium
dioxide, and/or other inorganic substances; with or without a binder;
having a GE brightness level of 80 or higher;\2\ weighing not more than
340 grams per square meter; whether gloss grade, satin grade, matte
grade, dull grade, or any other grade of finish; whether or not
surface-colored, surface-decorated, printed (except as described
below), embossed, or perforated; and irrespective of dimensions.
---------------------------------------------------------------------------
\1\ ``[revaps]Paperboard' refers to Coated Paper that is
heavier, thicker and more rigid than coated paper which otherwise
meets the product description. In the context of Coated Paper,
paperboard typically is referred to as [revaps]cover,' to
distinguish it from [revaps]text.'''
\2\ One of the key measurements of any grade of paper is
brightness. Generally speaking, the brighter the paper the better
the contrast between the paper and the ink. Brightness is measured
using a GE Reflectance Scale, which measures the reflection of light
off of a grade of paper. One is the lowest reflection, or what would
be given to a totally black grade, and 100 is the brightest measured
grade.
---------------------------------------------------------------------------
Coated Paper includes: (a) coated free sheet paper and paperboard
that meets this scope definition; (b) coated groundwood paper and
paperboard produced from bleached chemi-thermo-mechanical pulp
(``BCTMP'') that meets this scope definition; and (c) any other coated
paper and paperboard that meets this scope definition.
Coated Paper is typically (but not exclusively) used for printing
multi-colored graphics for catalogues, books, magazines, envelopes,
labels and wraps, greeting cards, and other commercial printing
applications requiring high quality print graphics.
Specifically excluded from the scope are imports of paper and
paperboard printed with final content printed text or graphics.
As of 2009, imports of the subject merchandise are provided for
under the following categories of the Harmonized Tariff Schedule of the
United States (``HTSUS''): 4810.14.11, 4810.14.1900, 4810.14.2010,
4810.14.2090, 4810.14.5000, 4810.14.6000, 4810.14.70, 4810.19.1100,
4810.19.1900, 4810.19.2010, 4810.19.2090, 4810.22.1000, 4810.22.50,
4810.22.6000, 4810.22.70, 4810.29.1000, 4810.29.5000, 4810.29.6000,
4810.29.70. While HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
Analysis of Alleged Significant Ministerial Error
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' With respect to preliminary determinations, 19 CFR
351.224(e) provides that the Department ``will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination. . .'' A significant
ministerial error is defined as an error, the correction of which,
singly or in combination with other errors, would result in: (1) a
change of at least five absolute percentage points in, but not less
than 25 percent of, the countervailable subsidy rate calculated in the
original (erroneous) preliminary determination; or (2) a difference
between a countervailable subsidy rate of zero (or de minimis) and a
countervailable subsidy rate of greater than de minimis or vice versa.
See 19 CFR 351.224(g).
We have determined that the Preliminary Determination contained
ministerial errors with respect to Gold East Trading (Hong Kong)
Company Limited, Gold East Paper (Jiangsu) Co., Ltd. and Gold Huasheng
Paper Co., Ltd. (collectively, ``Gold companies''). Correction of these
ministerial errors results in the Gold companies' subsidy rate changing
by more than five absolute points and not less than 25 percent of the
originally calculated margin. Thus, the ministerial errors are
significant pursuant to 19 CFR 351.224(g). See Memorandum to Susan
Kuhbach, Director, Office 1, AD/CVD Operations, entitled, ``Ministerial
Error Allegations'' (May 24, 2010) for the analysis performed. This
memorandum is on file in the Department's Central Records Unit in Room
1117 of the main Department building.
Amended Preliminary Determination
Because the errors alleged by Petitioners regarding the
countervailable subsidy rate calculation for the Gold companies are
significant, we are amending the preliminary countervailing duty rate
calculation for them pursuant to 19 CFR 351.224(e). In addition, the
calculated All Others' rate in the Preliminary Determination was
[[Page 30371]]
based on the simple average of the Gold companies' and Shandong Sun
Paper Industry Joint Stock Co., Ltd.'s and its affiliate's, Yanzhou
Tianzhang Paper Industry Co., Ltd., (collectively, ``Sun Paper
companies'') subsidy rates. Thus, we have also amended the All Others'
rate to account for the change in the Gold companies' subsidy rate. To
that end, we calculated the simple average of the Gold companies'
revised subsidy rate and the Sun Paper companies' subsidy rate,
unchanged from the Preliminary Determination.
As a result of corrections of ministerial errors, the amended
preliminary net countervailable subsidy rates are as follows:
------------------------------------------------------------------------
Original Amended
Exporter/Manufacturer Subsidy Subsidy
Rate Rate
------------------------------------------------------------------------
Gold East Paper (Jiangsu) Co., Ltd, Gold Huasheng 12.83 20.07
Paper Co., Ltd., Gold East Trading (Hong Kong)
Company Ltd., Ningbo Zhonghua Paper Co., Ltd., and
Ningbo Asia Pulp & Paper Co., Ltd...................
Shandong Sun Paper Industry Joint Stock Co., Ltd. and 3.92 3.92
Yanzhou Tianzhang Paper Industry Co., Ltd...........
All Others........................................... 8.38 12.00
------------------------------------------------------------------------
Suspension of Liquidation
The collection of bonds or cash deposits and suspension of
liquidation will be revised, in accordance with section 703(d) and (f)
of the Act. Specifically, we will instruct U.S. Customs and Border
Protection (``CBP'') to continue to suspend liquidation and to require
a cash deposit or bond in the amounts indicated above, on all entries
of coated paper from the PRC that are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we have notified the
U.S. International Trade Commission (``ITC'') of our amended
affirmative preliminary determination. If our final countervailing duty
determination is affirmative, the ITC will determine whether the
imports covered by that determination are materially injuring, or
threatening material injury to, the U.S. industry.
This determination is issued and published pursuant to sections
703(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: May 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-13068 Filed 5-28-10; 8:45 am]
BILLING CODE 3510-DS-S
