Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 70201-70203 [2010-29118]

Download as PDF Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices Service, Davy Crockett National Forest Resource Advisory Committee (RAC) meeting will meet as indicated below. DATES: The Davy Crockett National Forest RAC meeting will be held on Thursday, December 9, 2010. ADDRESSES: The Davy Crockett National Forest RAC meeting will be held at the Davy Crockett Ranger Station located on State Highway 7, approximately onequarter mile West of FM 227 in Houston County, Texas. The meeting will begin at 6 p.m. and adjourn at approximately 8 p.m. A public comment period will begin at 7:45 p.m. FOR FURTHER INFORMATION CONTACT: Gerald Lawrence, Jr., Designated Federal Officer, Davy Crockett National Forest, 18551 State Hwy. 7 E., Kennard, TX 75847: Telephone: 936–655–2299 ext. 225 or e-mail at: glawrence@fs.fed.us. SUPPLEMENTARY INFORMATION: The Davy Crockett National Forest RAC proposes projects and funding to the the Secretary of Agriculture under Section 203 of the Secure Rural Schools and Community Self Determination Act of 2000, (as reauthorized as part of Pub. L. 110–343). The purpose of the December 9, 2010 meeting is to discuss stewardship projects, new Title II projects, and the status of carry over funding. These meetings are open to the public. The public may present written comments to the RAC. Each formal RAC meeting will also have time, as identified above, for persons wishing to comment. The time for individual oral comments may be limited. Community Self-Determination Act of 2000 (Pub. L. 110–343). DATES: The meeting will be held on January 12, 2011 from 6 p.m. to 8:30 p.m. in Prather, CA and January 26, 2011 from 6 p.m. to 8:30 p.m. in Clovis, CA. ADDRESSES: The meeting on January 12th will be held at the High Sierra Ranger District, 29688 Auberry Rd. Prather, CA. The meeting on January 26th will be held at the Sierra National Forest Supervisor’s Office, 1600 Tollhouse Rd. Clovis, CA. Send written comments to Darcy Brown, Fresno County Resource Advisory Committee Coordinator, do Sierra National Forest, High Sierra Ranger District, 29688 Auberry Road, Prather, CA 93651 or electronically to dlbrown02@fs.fed.us. FOR FURTHER INFORMATION CONTACT: Darcy Brown, Fresno County Resource Advisory Committee Coordinator, (559) 855–5355 ext. 3374. SUPPLEMENTARY INFORMATION: The meeting is open to the public. Committee discussion is limited to Forest Service staff and Committee members. However, persons who wish to bring Payments to States Fresno County Title II project matters to the attention of the Committee may file written statements with the Committee staff before or after the meeting. Final project submissions are due by January 7, 2011 to the Forest Service. Agenda items to be covered include: (1) Review project proposals and (2) Vote on projects to be funded. Gerald Lawrence, Jr., Designated Federal Officer, Davy Crockett National Forest RAC. Dated: November 8, 2010. Ray Porter, District Ranger. [FR Doc. 2010–28799 Filed 11–16–10; 8:45 am] [FR Doc. 2010–28798 Filed 11–16–10; 8:45 am] BILLING CODE 3410–11–M BILLING CODE 3410–11–M DEPARTMENT OF AGRICULTURE DEPARTMENT OF COMMERCE Forest Service International Trade Administration Fresno County Resource Advisory Committee [C–570–959] Forest Service, USDA. ACTION: Notice of meeting. AGENCY: The Fresno County Resource Advisory Committee will be meeting in Prather, California, January 12, 2011 and in Clovis, California, January 26, 2011. The purpose of the January 12 meeting will be to review new project proposals that were submitted by the January 7, 2011 deadline. The purpose of the meeting on January 26 will be to vote and approve projects to be funded under the Secure Rural Schools and mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (‘‘the Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing a AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 70201 countervailing duty order on certain coated paper suitable for high-quality print graphics using sheet-fed presses (‘‘coated paper’’) from the People’s Republic of China (‘‘PRC’’). Also, as explained in this notice, the Department is amending its final determination to correct certain ministerial errors. DATES: Effective Date: November 17, 2010. FOR FURTHER INFORMATION CONTACT: David Neubacher, Jennifer Meek, and Mary Kolberg, 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, (202) 482–2778, and (202) 482–1785, respectively. Background On September 27, 2010, the Department published its final determination 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: Final Affirmative Countervailing Duty Determination, 75 FR 59212 (September 27, 2010) (‘‘Final Determination’’). On November 10, 2010, the ITC notified the Department of its final determination pursuant to sections 705(b)(1)(A)(ii) and 705(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 subsidized imports of subject merchandise from the PRC. See Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From China and Indonesia, USITC Investigation Nos. 701–TA–470–471 and 731–TA–1169–1170 (Final), Inv., USITC Publication 4192 (November 2010). Scope of the Order The merchandise covered by this order includes 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 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 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 E:\FR\FM\17NON1.SGM Continued 17NON1 70202 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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 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 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 this order is dispositive. Amendment to the Final Determination On October 6, 2010, Appleton Coated LLC, NewPage Corporation, S.D. Warren Company d/b/a Sappi Fine Paper North America, and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (collectively, ‘‘Petitioners’’) filed timely allegations that the Department made ministerial errors in its Final Determination. In summary, Petitioners alleged that the Department made certain errors in the calculations of the preferential lending to the coated paper industry program and the adjusted consolidated sales denominator for 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. VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 respondent Gold East (Jiangsu) Co., Ltd. (‘‘GE’’). No interested party filed a rebuttal to Petitioners’ allegations. After analyzing the allegations, we have determined, in accordance with 19 CFR 351.224(e), that we made certain ministerial errors that Petitioners alleged in the calculations. See Memorandum to Susan H. Kuhbach, Acting Deputy Assistant Secretary, AD/CVD Operations, from The Team, Office 1, AD/CVD Operations, ‘‘Countervailing Duty Investigation: Certain Coated Paper Suitable for HighQuality Print Graphics Using Sheet-Fed Presses From the People’s Republic of China: Ministerial Errors for Final Determination’’ (November 12, 2010) (‘‘Ministerial Error Memo’’). Parties can find a complete discussion of all issues raised by Petitioners and the corresponding recommendations in this memorandum, a public version of which is on file in the Central Records Unit, Room 7046 of the main Commerce building. After correcting the ministerial errors above, we determine the ad valorem subsidy rates for the relevant programs are: (1) 10.54 percent under ‘‘Preferential Lending to the Coated Paper Industry;’’ (2) 1.11 percent under ‘‘Two Free, Three Half;’’ (3) 1.38 percent under ‘‘Income Tax Subsidies for FIEs Based on Geographic Location;’’ (4) 0.35 percent under ‘‘Exemption from Maintenance and Construction Taxes and Education Surcharges for FIEs;’’ and (5) 3.51 percent under the ‘‘Value Added-Tax and Tariff Exemptions on Imported Equipment.’’ See Attachments 4–5 of the Ministerial Error Memo. As a result of these corrections, the countervailing duty rate for GE, Gold Huasheng Paper Co., Ltd., and its reported affiliated cross-owned companies (collectively, ‘‘Gold companies’’) changed from 17.64 percent to 19.46 percent. The countervailing duty rate for the other respondent in the coated paper investigation, Shandong Sun Paper Industry Co., Ltd. and Yanzhou Tianzhang Paper Industry Co., Ltd. (collectively, ‘‘Sun companies’’), also changed because the Gold companies’ rates for certain programs, which are included in the calculation of Sun companies’ adverse facts available rate, were revised based on the Ministerial Error Memo. The Sun companies’ rate changed from 178.03 percent to 202.84 percent. Because the all-others rate is based on the Gold companies’ rate, the countervailing duty rate for all-others changed from 17.64 percent to 19.46 percent. In accordance with 19 CFR 351.224(e), we are amending the Final Determination to reflect these changes. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Countervailing Duty Order According to section 706(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 if that determination is based upon the threat of material injury. Section 706(b)(1) of the Act states, ‘‘{l}f the Commission, in its final determination under section 705(b), finds material injury or threat of material injury which, but for the suspension of liquidation under section 703(d)(2), would have led to a finding of material injury, then entries of the merchandise subject to the countervailing duty order, the liquidation of which has been suspended under section 703(d)(2), shall be subject to the imposition of countervailing duties under section 701(a).’’ In addition, section 706(b)(2) of the Act requires U.S. Customs and Border Protection (‘‘CBP’’) to refund any cash deposits or bonds of estimated countervailing duties posted before the date of publication of the ITC’s final affirmative determination, if the ITC’s final determination is based on threat other than the threat described in section 706(b)(1) of the Act. Because the ITC’s final determination in this case 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 3 was published in the Federal Register, section 706(b)(2) of the Act is applicable. As a result of the ITC’s determination and in accordance with section 706(a)(1) of the Act, the Department will direct CBP to assess, upon further instruction by the Department, countervailing duties equal to the amount of the net countervailable subsidy for all relevant entries of coated paper from the PRC. In accordance with section 706 of the Act, the Department will direct CBP to reinstitute suspension of liquidation,4 3 See Certain Coated Paper Suitable For HighQuality 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’’). 4 The Department instructed CBP to discontinue the suspension of liquidation on July 7, 2010, in accordance with section 703(d) of the Act. Section 703(d) states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Entries of coated paper from the PRC made on or after July 7, 2010, and prior to the date of publication of the ITC’s final determination in the Federal Register E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices effective on the date of publication of the ITC’s notice of final determination in the Federal Register, and to require a cash deposit for each entry of subject merchandise in an amount equal to the net countervailable subsidy rates listed below. See section 706(a)(3) of the Act. The all-others rate applies to all producers and exporters of subject merchandise not specifically listed. Net subsidy rate 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 ............................................................................................................................................................................................. Termination of the Suspension of Liquidation DEPARTMENT OF COMMERCE International Trade Administration The Department will instruct CBP to terminate the suspension of liquidation for entries of coated paper from the PRC entered, or withdrawn from warehouse, for consumption prior to the publication of the ITC’s notice of final determination. The Department will instruct CBP to refund any cash deposits made and release any bonds posted with respect to entries of coated paper entered of withdrawn from warehouse for consumption on or after March 9, 2010 (i.e., the date of publication of the Department’s Preliminary Determination), but before the date of publication of the ITC’s final determination in the Federal Register. This notice constitutes the countervailing duty order with respect to coated paper from the PRC, pursuant to section 706(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 countervailing duty orders currently in effect. This order is issued and published in accordance with section 706(a) of the Act, 19 CFR 351.224(e), and 19 CFR 351.211(b). Dated: November 12, 2010. Carole A. Showers, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–29118 Filed 11–16–10; 8:45 am] mstockstill on DSKH9S0YB1PROD with NOTICES BILLING CODE 3510–DS–P are not liable for the assessment of countervailing duties because of the Department’s discontinuation, effective July 7, 2010, of the suspension of liquidation. VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 [A–570–958] Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Order Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: November 17, 2010. SUMMARY: Based on affirmative final determinations by the Department of Commerce (‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing an antidumping duty order on certain coated paper suitable for high-quality print graphics using sheet-fed presses (‘‘coated paper’’) from the People’s Republic of China (‘‘PRC’’). On November 10, 2010, the ITC notified the Department of its affirmative determination of threat of material injury to a U.S. industry. See Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China (Investigation No. 731–TA– 1159 (Final), USITC Publication 4192 (November 2010). In addition, the Department is amending its final determination as a result of ministerial errors. FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos or Lindsey Novom, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2623 or (202) 482–5256, respectively. SUPPLEMENTARY INFORMATION: In accordance with sections 735(d) and AGENCY: 1 APP-China and Appleton Coated LLC, NewPage Corporation, S.D. Warren Company d/b/a Sappi Fine Paper North America, and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 70203 19.46 202.84 19.46 777(i)(1) of the Tariff Act of 1930, as amended (‘‘Act’’), the Department published the final determination of sales at less than fair value in the antidumping investigation 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: Final Determination of Sales at Less Than Fair Value, 75 FR 59217 (September 27, 2010) (‘‘Final Determination’’). Amendment to the Final Determination On September 27, 2010, the Department published its affirmative final determination in this proceeding. See Final Determination. On September 28, 2010, Gold East Paper (Jiangsu) Co., Ltd. (‘‘GE’’), Gold Huasheng Paper Co., Ltd. (‘‘GHS’’), Gold East (Hong Kong) Trading Co., Ltd. (‘‘GEHK’’), Ningbo Zhonghua Paper Co., Ltd. (‘‘NBZH’’), Ningbo Asia Pulp and Paper Co., Ltd. (‘‘NAPP’’), collectively referred to as the ‘‘GE Group,’’ or ‘‘APP-China,’’ a mandatory respondent, and Petitioners 1 submitted ministerial error allegations and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors in the calculation of APP-China’s dumping margin. Petitioners submitted rebuttal comments on October 1, 2010. No other interested party submitted ministerial error allegations or rebuttal comments. After analyzing all interested party comments and rebuttals, we have determined, in accordance with section 735(e) of the Act and 19 CFR 351.224(e), that we made ministerial errors in our calculations for the Final Determination with respect to APP-China. For a detailed discussion of these ministerial errors, as well as the Department’s analysis of the errors and allegations, see the Memorandum to the File, ‘‘Ministerial Error Memorandum, Certain Coated Paper Suitable for HighQuality Print Graphics Using Sheet-Fed Presses from the People’s Republic of Allied Industrial and Service Workers International Union are the petitioners (collectively ‘‘Petitioners’’) in this investigation. E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70201-70203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29118]


=======================================================================
-----------------------------------------------------------------------

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 
Final Affirmative Countervailing Duty Determination and Countervailing 
Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC''), the Department is issuing a countervailing duty order on 
certain coated paper suitable for high-quality print graphics using 
sheet-fed presses (``coated paper'') from the People's Republic of 
China (``PRC''). Also, as explained in this notice, the Department is 
amending its final determination to correct certain ministerial errors.

DATES: Effective Date: November 17, 2010.

FOR FURTHER INFORMATION CONTACT: David Neubacher, Jennifer Meek, and 
Mary Kolberg, 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, (202) 482-2778, and (202) 482-1785, respectively.

Background

    On September 27, 2010, the Department published its final 
determination 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: Final Affirmative 
Countervailing Duty Determination, 75 FR 59212 (September 27, 2010) 
(``Final Determination'').
    On November 10, 2010, the ITC notified the Department of its final 
determination pursuant to sections 705(b)(1)(A)(ii) and 705(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 
subsidized imports of subject merchandise from the PRC. See Certain 
Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed 
Presses From China and Indonesia, USITC Investigation Nos. 701-TA-470-
471 and 731-TA-1169-1170 (Final), Inv., USITC Publication 4192 
(November 2010).

Scope of the Order

    The merchandise covered by this order includes 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\

[[Page 70202]]

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\ ``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 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.
---------------------------------------------------------------------------

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

Amendment to the Final Determination

    On October 6, 2010, Appleton Coated LLC, NewPage Corporation, S.D. 
Warren Company d/b/a Sappi Fine Paper North America, and United Steel, 
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial 
and Service Workers International Union (collectively, ``Petitioners'') 
filed timely allegations that the Department made ministerial errors in 
its Final Determination. In summary, Petitioners alleged that the 
Department made certain errors in the calculations of the preferential 
lending to the coated paper industry program and the adjusted 
consolidated sales denominator for respondent Gold East (Jiangsu) Co., 
Ltd. (``GE''). No interested party filed a rebuttal to Petitioners' 
allegations.
    After analyzing the allegations, we have determined, in accordance 
with 19 CFR 351.224(e), that we made certain ministerial errors that 
Petitioners alleged in the calculations. See Memorandum to Susan H. 
Kuhbach, Acting Deputy Assistant Secretary, AD/CVD Operations, from The 
Team, Office 1, AD/CVD Operations, ``Countervailing Duty Investigation: 
Certain Coated Paper Suitable for High-Quality Print Graphics Using 
Sheet-Fed Presses From the People's Republic of China: Ministerial 
Errors for Final Determination'' (November 12, 2010) (``Ministerial 
Error Memo''). Parties can find a complete discussion of all issues 
raised by Petitioners and the corresponding recommendations in this 
memorandum, a public version of which is on file in the Central Records 
Unit, Room 7046 of the main Commerce building.
    After correcting the ministerial errors above, we determine the ad 
valorem subsidy rates for the relevant programs are: (1) 10.54 percent 
under ``Preferential Lending to the Coated Paper Industry;'' (2) 1.11 
percent under ``Two Free, Three Half;'' (3) 1.38 percent under ``Income 
Tax Subsidies for FIEs Based on Geographic Location;'' (4) 0.35 percent 
under ``Exemption from Maintenance and Construction Taxes and Education 
Surcharges for FIEs;'' and (5) 3.51 percent under the ``Value Added-Tax 
and Tariff Exemptions on Imported Equipment.'' See Attachments 4-5 of 
the Ministerial Error Memo.
    As a result of these corrections, the countervailing duty rate for 
GE, Gold Huasheng Paper Co., Ltd., and its reported affiliated cross-
owned companies (collectively, ``Gold companies'') changed from 17.64 
percent to 19.46 percent. The countervailing duty rate for the other 
respondent in the coated paper investigation, Shandong Sun Paper 
Industry Co., Ltd. and Yanzhou Tianzhang Paper Industry Co., Ltd. 
(collectively, ``Sun companies''), also changed because the Gold 
companies' rates for certain programs, which are included in the 
calculation of Sun companies' adverse facts available rate, were 
revised based on the Ministerial Error Memo. The Sun companies' rate 
changed from 178.03 percent to 202.84 percent. Because the all-others 
rate is based on the Gold companies' rate, the countervailing duty rate 
for all-others changed from 17.64 percent to 19.46 percent. In 
accordance with 19 CFR 351.224(e), we are amending the Final 
Determination to reflect these changes.

Countervailing Duty Order

    According to section 706(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 if that determination is based upon the threat of 
material injury. Section 706(b)(1) of the Act states, ``{l{time} f the 
Commission, in its final determination under section 705(b), finds 
material injury or threat of material injury which, but for the 
suspension of liquidation under section 703(d)(2), would have led to a 
finding of material injury, then entries of the merchandise subject to 
the countervailing duty order, the liquidation of which has been 
suspended under section 703(d)(2), shall be subject to the imposition 
of countervailing duties under section 701(a).'' In addition, section 
706(b)(2) of the Act requires U.S. Customs and Border Protection 
(``CBP'') to refund any cash deposits or bonds of estimated 
countervailing duties posted before the date of publication of the 
ITC's final affirmative determination, if the ITC's final determination 
is based on threat other than the threat described in section 706(b)(1) 
of the Act. Because the ITC's final determination in this case 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 
\3\ was published in the Federal Register, section 706(b)(2) of the Act 
is applicable.
---------------------------------------------------------------------------

    \3\ 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'').
---------------------------------------------------------------------------

    As a result of the ITC's determination and in accordance with 
section 706(a)(1) of the Act, the Department will direct CBP to assess, 
upon further instruction by the Department, countervailing duties equal 
to the amount of the net countervailable subsidy for all relevant 
entries of coated paper from the PRC. In accordance with section 706 of 
the Act, the Department will direct CBP to reinstitute suspension of 
liquidation,\4\

[[Page 70203]]

effective on the date of publication of the ITC's notice of final 
determination in the Federal Register, and to require a cash deposit 
for each entry of subject merchandise in an amount equal to the net 
countervailable subsidy rates listed below. See section 706(a)(3) of 
the Act. The all-others rate applies to all producers and exporters of 
subject merchandise not specifically listed.
---------------------------------------------------------------------------

    \4\ The Department instructed CBP to discontinue the suspension 
of liquidation on July 7, 2010, in accordance with section 703(d) of 
the Act. Section 703(d) states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months. Entries of coated paper from the PRC made on 
or after July 7, 2010, and prior to the date of publication of the 
ITC's final determination in the Federal Register are not liable for 
the assessment of countervailing duties because of the Department's 
discontinuation, effective July 7, 2010, of the suspension of 
liquidation.

------------------------------------------------------------------------
                                                            Net subsidy
                  Exporter/manufacturer                        rate
------------------------------------------------------------------------
Gold East Paper (Jiangsu) Co., Ltd, Gold Huasheng Paper            19.46
 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             202.84
 Yanzhou Tianzhang Paper Industry Co., Ltd..............
All Others..............................................           19.46
------------------------------------------------------------------------

Termination of the Suspension of Liquidation

    The Department will instruct CBP to terminate the suspension of 
liquidation for entries of coated paper from the PRC entered, or 
withdrawn from warehouse, for consumption prior to the publication of 
the ITC's notice of final determination. The Department will instruct 
CBP to refund any cash deposits made and release any bonds posted with 
respect to entries of coated paper entered of withdrawn from warehouse 
for consumption on or after March 9, 2010 (i.e., the date of 
publication of the Department's Preliminary Determination), but before 
the date of publication of the ITC's final determination in the Federal 
Register.
    This notice constitutes the countervailing duty order with respect 
to coated paper from the PRC, pursuant to section 706(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 countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act, 19 CFR 351.224(e), and 19 CFR 351.211(b).

     Dated: November 12, 2010.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29118 Filed 11-16-10; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.