Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From Indonesia: Antidumping Duty Order, 70205-70206 [2010-29116]

Download as PDF Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices indicated in the chart above. These instructions suspending liquidation will remain in effect until further notice. Accordingly, effective on the date of publication of the ITC’s final affirmative determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins as discussed above. See section 736(a)(3) of the Act. The PRC-wide rate applies to all exporters of subject merchandise not specifically listed. In accordance with section 736 of the Act, the Department will also direct CBP to assess antidumping duties on all unliquidated entries of coated paper from the PRC entered, or withdrawn from warehouse, for consumption on or after the date on which the ITC published its notice of final determination of threat of material injury in the Federal Register. This notice constitutes the antidumping duty order with respect to coated paper from the PRC pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 7046 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211. Dated: November 12, 2010. Carole A. Showers, Acting Deputy Assistant Secretary for Import Administration. DATES: Effective Date: November 17, 2010. FOR FURTHER INFORMATION CONTACT: Gemal Brangman or Brian Smith, AD/ CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–3773 and (202) 482–1766, respectively. SUPPLEMENTARY INFORMATION: Background On September 27, 2010, the Department published its affirmative final determination of sales at less-thanfair-value in the antidumping duty investigation of certain coated paper from Indonesia. See Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia: Final Determination of Sales at Less Than Fair Value, 75 FR 59223 (September 27, 2010) (Certain Coated Paper Final Determination). On November 10, 2010, the ITC notified the Department of its final determination pursuant to section 735(d) of the Tariff Act of 1930, as amended (the Act), that an industry in the United States is threatened with material injury by reason of less-thanfair-value imports of certain coated paper from Indonesia. See section 735(b)(1)(A)(ii) of the Act. Scope of the Order Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From Indonesia: Antidumping Duty Order The scope of the order covers 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, surfacedecorated, printed (except as described below), embossed, or perforated; and Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on an affirmative final determination by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing an antidumping duty order on certain coated paper suitable for high-quality print graphics using sheet-fed presses (certain coated paper) from Indonesia. 1 ‘‘ ‘Paperboard’ refers to Certain Coated Paper that is heavier, thicker and more rigid than coated paper which otherwise meets the product description. In the context of Certain Coated Paper, paperboard typically is referred to as ‘cover,’ to distinguish it from ‘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. [FR Doc. 2010–29121 Filed 11–16–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–560–823] mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 70205 irrespective of dimensions (‘‘Certain Coated Paper’’). Certain 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. Certain Coated Paper is typically (but not exclusively) used for printing multicolored 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, 4810.32, 4810.39 and 4810.92. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Antidumping Duty Order On November 10, 2010, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination that an industry in the United States is threatened with material injury within the meaning of section 735(b)(1)(A)(ii) of the Act by reason of less-than-fair-value imports of certain coated paper from Indonesia. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs Border and Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the U.S. price of the merchandise for all relevant entries of certain coated paper from Indonesia. For all manufacturers/exporters, pursuant to section 736(b)(2) of the Act, duties shall be assessed on subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination, given that that determination is based on the threat E:\FR\FM\17NON1.SGM 17NON1 mstockstill on DSKH9S0YB1PROD with NOTICES 70206 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices of material injury, other than threat of material injury described in section 736(b)(1) of the Act. Section 736(b)(1) of the Act states that, ‘‘{i}f the Commission, in its final determination under section 735(b), finds material injury or threat of material injury which, but for the suspension of liquidation under section 733(d)(2) would have led to a finding of material injury, then entries of the subject merchandise, the liquidation of which has been suspended under section 733(d)(2), shall be subject to the imposition of antidumping duties under section 731.’’ In addition, section 736(b)(2) of the Act requires CBP to release any bond or other security and refund any cash deposit made of estimated antidumping duties posted since the Department’s preliminary antidumping duty determination (i.e., May 6, 2010). See Certain Coated Paper Suitable for HighQuality Print Graphics Using Sheet-Fed Presses from Indonesia: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 24885 (May 6, 2010). Because the ITC’s final determination is based on the threat of material injury and is not accompanied by a finding that injury would have resulted but for the imposition of suspension of liquidation of entries since the Department’s preliminary determination, section 736(b)(2) of the Act is applicable. According to section 736(b)(2) of the Act, where the ITC finds threat of material injury, duties shall only be assessed on subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination. In addition, section 736(b)(2) of the Act requires CBP to refund any cash deposits or bonds of estimated antidumping duties posted since the preliminary antidumping determination and prior to the ITC’s notice of final determination. Therefore, on or after the date of publication of the ITC’s notice of final determination in the Federal Register CBP will require a cash deposit equal to the estimated dumping margins listed below, pursuant to section 736(a)(3) of the Act, at the same time that importers would deposit estimated normal customs duties on this merchandise. The ‘‘All Others’’ rate for Indonesia applies to all Indonesian producers or exporters not specifically listed and not specifically excluded. The Department will also instruct CBP to terminate the suspension of liquidation for entries of certain coated paper from Indonesia entered or withdrawn from warehouse, for consumption prior to November 10, VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 2010, and refund any cash deposits made and release any bonds posted between the publication of the Department’s preliminary determinations on May 6, 2010, and the publication of the ITC’s final determination. Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3586 and (202) 482–1395, respectively. SUPPLEMENTARY INFORMATION: Final Determination Margins The margins and cash deposit rates are as follows: Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), on September 27, 2010, the Margin Department published its final Exporter or producer (percent) determination in the countervailing duty investigation of certain coated PT. Pabrik Kertas Tjiwi Kimia paper from Indonesia. See Certain Tbk./PT. Pindo Deli Pulp Coated Paper Suitable for High-Quality and Paper Mills/PT. Indah Kiat Pulp and Paper Tbk. 20.13 Print Graphics Using Sheet–Fed Presses All Others .............................. 20.13 from Indonesia: Final Affirmative Countervailing Duty Determination, 75 This notice constitutes the FR 59209 (September 27, 2010), and antidumping duty order with respect to accompanying Issues and Decision certain coated paper from Indonesia, Memorandum (Decision Memorandum). pursuant to section 736(a) of the Act. On November 10, 2010, the Interested parties may contact the Department placed on the record of this Department’s Central Records Unit, investigation a memorandum,1 which Room 7046 of the main Commerce identifies an unintentional misstatement Building, for copies of an updated list regarding our discount rate calculation of antidumping duty orders currently in for allocable subsidies received by the effect. mandatory company respondents, PT This order is issued and published in Pabrik Kertas Tjiwi Kimia Tbk., PT accordance with section 736(a) of the Pindo Deli Pulp and Paper Mills, and Act and 19 CFR 351.211(b). PT Indah Kiat Pulp and Paper, Tbk. Specifically, in the Decision Dated: November 12, 2010. Memorandum, we stated that ‘‘{t}he Carole A. Showers, discount rate is intended to calculate a Acting Deputy Assistant Secretary for Import present value of a future stream of Administration. benefits based on a company’s own [FR Doc. 2010–29116 Filed 11–16–10; 8:45 am] internal rate of return or cost of BILLING CODE 3510–DS–P borrowing (or approximation thereof) and is based on lending rates in the respondent’s home market currency. DEPARTMENT OF COMMERCE * * *’’ 2 However, we should have stated that the discount rate in this International Trade Administration investigation is based on lending rates [C–560–824] in U.S. dollars. On November 10, 2010, the ITC Certain Coated Paper Suitable for notified the Department of its final High-Quality Print Graphics Using determination, pursuant to sections Sheet-Fed Presses From Indonesia: 705(b)(1)(A)(ii) and 705(d) of the Act, Countervailing Duty Order that a U.S. industry is threatened with AGENCY: Import Administration, material injury by reason of subsidized International Trade Administration, imports of subject merchandise from Department of Commerce. Indonesia. See Certain Coated Paper SUMMARY: Based on affirmative final Suitable for High-Quality Print Graphics determinations by the Department of Using Sheet-Fed Presses from China and Commerce (the Department) and the Indonesia, USITC Publication 4192, U.S. International Trade Commission Investigation Nos. 701–TA–470–471 and (ITC), the Department is issuing a 731–TA–1169–1170 (Final) (November countervailing duty order on certain 2010). Pursuant to section 706(a) of the coated paper suitable for high-quality 1 See the memorandum to Barbara E. Tillman, print graphics using sheet-fed presses Director, AD/CVD Operations, Office 6, ‘‘Ministerial (certain coated paper) from Indonesia. Error Allegation and Identification of Misstatement DATES: Effective Date: November 17, in the Issues and Decision Memorandum in the 2010. Instant Investigation,’’ dated November 10, 2010. This public document is available in the Central FOR FURTHER INFORMATION CONTACT: Records Unit, Room 7046, of the main Department Gene Calvert or Nicholas Czajkowski, of Commerce building. 2 See Decision Memorandum at 59. AD/CVD Operations, Office 6, Import PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70205-70206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29116]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-823]


Certain Coated Paper Suitable for High-Quality Print Graphics 
Using Sheet-Fed Presses From Indonesia: Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on an affirmative final determination by the Department 
of Commerce (the Department) and the International Trade Commission 
(the ITC), the Department is issuing an antidumping duty order on 
certain coated paper suitable for high-quality print graphics using 
sheet-fed presses (certain coated paper) from Indonesia.

DATES:  Effective Date: November 17, 2010.

FOR FURTHER INFORMATION CONTACT: Gemal Brangman or Brian Smith, AD/CVD 
Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
3773 and (202) 482-1766, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 27, 2010, the Department published its affirmative 
final determination of sales at less-than-fair-value in the antidumping 
duty investigation of certain coated paper from Indonesia. See Certain 
Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed 
Presses from Indonesia: Final Determination of Sales at Less Than Fair 
Value, 75 FR 59223 (September 27, 2010) (Certain Coated Paper Final 
Determination).
    On November 10, 2010, the ITC notified the Department of its final 
determination pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), that an industry in the United States is threatened 
with material injury by reason of less-than-fair-value imports of 
certain coated paper from Indonesia. See section 735(b)(1)(A)(ii) of 
the Act.

Scope of the Order

    The scope of the order covers 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 (``Certain Coated Paper'').
---------------------------------------------------------------------------

    \1\ `` `Paperboard' refers to Certain Coated Paper that is 
heavier, thicker and more rigid than coated paper which otherwise 
meets the product description. In the context of Certain Coated 
Paper, paperboard typically is referred to as `cover,' to 
distinguish it from `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.
---------------------------------------------------------------------------

    Certain 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.
    Certain 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, 4810.32, 4810.39 and 4810.92. While HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.

Antidumping Duty Order

    On November 10, 2010, in accordance with section 735(d) of the Act, 
the ITC notified the Department of its final determination that an 
industry in the United States is threatened with material injury within 
the meaning of section 735(b)(1)(A)(ii) of the Act by reason of less-
than-fair-value imports of certain coated paper from Indonesia. 
Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs Border and Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the U.S. price of the merchandise for all relevant entries of 
certain coated paper from Indonesia.
    For all manufacturers/exporters, pursuant to section 736(b)(2) of 
the Act, duties shall be assessed on subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the ITC's notice of final determination, given that that 
determination is based on the threat

[[Page 70206]]

of material injury, other than threat of material injury described in 
section 736(b)(1) of the Act. Section 736(b)(1) of the Act states that, 
``{i{time} f the Commission, in its final determination under section 
735(b), finds material injury or threat of material injury which, but 
for the suspension of liquidation under section 733(d)(2) would have 
led to a finding of material injury, then entries of the subject 
merchandise, the liquidation of which has been suspended under section 
733(d)(2), shall be subject to the imposition of antidumping duties 
under section 731.'' In addition, section 736(b)(2) of the Act requires 
CBP to release any bond or other security and refund any cash deposit 
made of estimated antidumping duties posted since the Department's 
preliminary antidumping duty determination (i.e., May 6, 2010). See 
Certain Coated Paper Suitable for High-Quality Print Graphics Using 
Sheet-Fed Presses from Indonesia: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 75 FR 
24885 (May 6, 2010).
    Because the ITC's final determination is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted but for the imposition of suspension of liquidation of 
entries since the Department's preliminary determination, section 
736(b)(2) of the Act is applicable. According to section 736(b)(2) of 
the Act, where the ITC finds threat of material injury, duties shall 
only be assessed on subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
ITC's notice of final determination. In addition, section 736(b)(2) of 
the Act requires CBP to refund any cash deposits or bonds of estimated 
antidumping duties posted since the preliminary antidumping 
determination and prior to the ITC's notice of final determination.
    Therefore, on or after the date of publication of the ITC's notice 
of final determination in the Federal Register CBP will require a cash 
deposit equal to the estimated dumping margins listed below, pursuant 
to section 736(a)(3) of the Act, at the same time that importers would 
deposit estimated normal customs duties on this merchandise. The ``All 
Others'' rate for Indonesia applies to all Indonesian producers or 
exporters not specifically listed and not specifically excluded. The 
Department will also instruct CBP to terminate the suspension of 
liquidation for entries of certain coated paper from Indonesia entered 
or withdrawn from warehouse, for consumption prior to November 10, 
2010, and refund any cash deposits made and release any bonds posted 
between the publication of the Department's preliminary determinations 
on May 6, 2010, and the publication of the ITC's final determination.

Final Determination Margins

    The margins and cash deposit rates are as follows:

------------------------------------------------------------------------
                                                              Margin
                  Exporter or producer                       (percent)
------------------------------------------------------------------------
PT. Pabrik Kertas Tjiwi Kimia Tbk./PT. Pindo Deli Pulp             20.13
 and Paper Mills/PT. Indah Kiat Pulp and Paper Tbk......
All Others..............................................           20.13
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
certain coated paper from Indonesia, pursuant to section 736(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room 7046 of the main Commerce Building, for copies of an updated 
list of antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: November 12, 2010.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29116 Filed 11-16-10; 8:45 am]
BILLING CODE 3510-DS-P