Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From Indonesia: Countervailing Duty Order, 70206-70208 [2010-29120]
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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entered, or withdrawn from warehouse,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,
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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
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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices
Act, the Department is publishing a
countervailing duty order on the subject
merchandise.
Scope of the Order
mstockstill on DSKH9S0YB1PROD with NOTICES
The scope of this order includes
certain coated paper and paperboard3 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; 4 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
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,
3 ‘‘ ‘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.’ ’’
4 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.
VerDate Mar<15>2010
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Jkt 223001
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.
Countervailing Duty Order
In accordance with section 706(a)(1)
of the Act, the Department will direct
U.S. Customs and Border Protection
(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 certain coated paper from
Indonesia.
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 the ITC’s notice of final
determination if that determination is
based upon threat of material injury.
Section 706(b)(1) of the Act states, ‘‘If
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 CBP to refund any cash
deposits or bonds of estimated
countervailing duties posted since the
Department’s preliminary
countervailing duty determination, if
the ITC’s final determination is threatbased. 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 was
published in the Federal Register, 5
section 706(b)(2) of the Act is
applicable.
Therefore, the Department will direct
CBP to reinstitute suspension of
liquidation,6 and to assess, upon further
5 See Certain Coated Paper from Indonesia:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Countervailing Duty Determination with Final
Antidumping Duty Determination, 75 FR 10761
(March 9, 2010) (Preliminary Determination).
6 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 suspension of liquidation
pursuant to a preliminary determination may not
remain in effect for more than four months. Entries
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70207
instruction from the Department,
countervailing duties on all
unliquidated entries of certain coated
paper from Indonesia entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the ITC’s notice of final
determination of threat of injury in the
Federal Register.
Cash Deposit Requirements
Pursuant to section 706(a)(3) of the
Act, effective on the date of publication
of the ITC’s notice of final
determination in the Federal Register,
CBP will require, at the same time as
importers would normally deposit
estimated duties, cash deposits for the
subject merchandise equal to the net
subsidy rates listed below. The allothers rate applies to all producers and
exporters of subject merchandise not
specifically listed.
Producer/exporter
PT Pabrik Kertas Tjiwi Kimia,
Tbk, PT Pindo Deli Pulp
and Paper Mills, PT Indah
Kiat Pulp and Paper, Tbk.
(i.e., APP/SMG) ....................
All Others ..............................
Net subsidy
rate
(percent)
17.94
17.94
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
also instruct CBP to refund any cash
deposits made, and to release any bonds
posted between March 9, 2010 (i.e., the
date of publication of the Department’s
Preliminary Determination) and on or
before July 7, 2010, the date on which
the Department discontinued the
suspension of liquidation pursuant to
section 703(d) of the Act.
This notice constitutes the
countervailing duty order with respect
to certain coated paper from Indonesia,
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.
of certain coated paper from Indonesia 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 of the suspension of
liquidation, effective July 7, 2010.
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70208
Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices
This order is issued and published in
accordance with section 706(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. 2010–29120 Filed 11–16–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Final
Results and Partial Rescission of
Second Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 13, 2010, the
Department of Commerce
(‘‘Department’’) published in the Federal
Register the preliminary results of the
second administrative review of the
antidumping duty order on certain
activated carbon from the People’s
Republic of China (‘‘PRC’’). See Certain
Activated Carbon From the People’s
Republic of China: Notice of Preliminary
Results of the Second Antidumping
Duty Administrative Review, and
Preliminary Rescission in Part, 75 FR
26927 (May 13, 2010) (‘‘Preliminary
Results’’). We gave interested parties an
opportunity to comment on the
Preliminary Results. Based upon our
analysis of the comments and
information received, we made changes
to the margin calculations for the final
results. We continue to find that certain
exporters have sold subject merchandise
at less than normal value during the
period of review (‘‘POR’’), April 1, 2008,
through March 31, 2009.
DATES: Effective Date: November 17,
2010.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer and Katie Marksberry,
AD/CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–9068 and (202)
482–7906 respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On May 29, 2009, the Department
initiated this review with respect to 187
companies upon which an
administrative review was requested.
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16:21 Nov 16, 2010
Jkt 223001
See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 74 FR 25711 (May 29, 2009).
Subsequently, pursuant to 19 CFR
351.213(d)(1), the Department rescinded
the administrative review with respect
to 155 companies, based upon
Petitioners’ 1 timely withdrawal of
review requests.2 On September 16,
2009, the Department rescinded the
administrative review with respect to an
additional 13 companies, based on
Petitioners’ timely withdrawal of review
requests.3 Thus, 19 companies remained
subject to this review.
On June 2, 2010, Jacobi Carbons AB
(‘‘Jacobi’’) and Ningxia Huahui Activated
Carbon Co., Ltd. (‘‘Huahui’’), the
mandatory respondents in this review,
and Petitioners submitted additional
surrogate value (‘‘SV’’) information. On
June 14, 2010, Petitioners submitted
rebuttal SV information.
At the Preliminary Results, we set the
deadline for interested parties to submit
case briefs and rebuttal briefs to June 14,
2010, and June 21, 2010, respectively.
On June 7, 2010, we extended the
deadlines for case and rebuttal briefs to
June 21, 2010, and June 28, 2010,
respectively. Additionally, on June 25,
2010, we extended the deadline for
rebuttal briefs by an additional two days
to June 30, 2010. On June 21, 2010,
Petitioners, Jacobi, and Huahui filed
case briefs. On June 21, 2010, Ningxia
Guanghua Cherishmet Activated Carbon
Co., Ltd. (‘‘GHC’’) filed comments on the
Department’s wage rate methodology.
On June 28, 2010, Shanxi DMD
Corporation (‘‘Shanxi DMD’’) filed a
rebuttal brief. On June 30, 2010, Huahui
filed a rebuttal brief. On July 1, 2010,
Jacobi and Petitioners filed rebuttal
briefs. On August 3, 2010, the
Department placed wage rate data to
value the input of labor on the record
for comment by interested parties. On
September 27, 2010, the Department
issued industry-specific wage rate data
for comment. On October 4, 2010, the
Department issued a memorandum
regarding the Department’s industryspecific wage rate methodology for
comment. On October 7, 2010, the
Department issued a correction to the
October 4, 2010, data. On October 4,
2010, Huahui provided comments on
the September 27, 2010, data. On
1 Norit Americas Inc. and Calgon Carbon
Corporation.
2 See Certain Activated Carbon from the People’s
Republic of China: Notice of Partial Rescission of
Antidumping Duty Administrative Review, 74 FR
31690 (July 2, 2009).
3 See Certain Activated Carbon From the People’s
Republic of China: Notice of Partial Rescission of
Antidumping Duty Administrative Review, 74 FR
47558 (September 16, 2009).
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October 13, 2010, Petitioners, Jacobi,
and Huahui provided comments on the
October 4, 2010, and October 7, 2010,
memoranda. On October 18, 2010,
Huahui provided rebuttal comments.
The Department did not hold a public
hearing pursuant to 19 CFR 351.310(d),
as any hearing requests made by
interested parties were withdrawn.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to these
reviews are addressed in the ‘‘Certain
Activated Carbon from the People’s
Republic of China: Issues and Decision
Memorandum for the Final Results of
the Second Antidumping Duty
Administrative Review,’’ which is dated
concurrently with this notice (‘‘Decision
Memo’’). A list of the issues which
parties raised and to which we respond
in the Decision Memo is attached to this
notice as an Appendix. The Decision
Memo is a public document and is on
file in the Central Records Unit, main
Commerce building, Room 7046, and is
accessible on the Department’s Web site
at https://www.trade.gov/ia. The paper
copy and electronic version of the
memorandum are identical in content.
Scope of the Order
The merchandise subject to the order
is certain activated carbon. Certain
activated carbon is a powdered,
granular, or pelletized carbon product
obtained by ‘‘activating’’ with heat and
steam various materials containing
carbon, including but not limited to coal
(including bituminous, lignite, and
anthracite), wood, coconut shells, olive
stones, and peat. The thermal and steam
treatments remove organic materials and
create an internal pore structure in the
carbon material. The producer can also
use carbon dioxide gas (CO2) in place of
steam in this process. The vast majority
of the internal porosity developed
during the high temperature steam (or
CO2 gas) activated process is a direct
result of oxidation of a portion of the
solid carbon atoms in the raw material,
converting them into a gaseous form of
carbon.
The scope of the order covers all
forms of activated carbon that are
activated by steam or CO2, regardless of
the raw material, grade, mixture,
additives, further washing or postactivation chemical treatment (chemical
or water washing, chemical
impregnation or other treatment), or
product form. Unless specifically
excluded, the scope of the order covers
all physical forms of certain activated
carbon, including powdered activated
carbon (‘‘PAC’’), granular activated
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]]>Agencies
[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70206-70208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29120]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-824]
Certain Coated Paper Suitable for High-Quality Print Graphics
Using Sheet-Fed Presses From Indonesia: 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 U.S. 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 (certain coated paper) from Indonesia.
DATES: Effective Date: November 17, 2010.
FOR FURTHER INFORMATION CONTACT: Gene Calvert or Nicholas Czajkowski,
AD/CVD Operations, Office 6, Import 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:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on September 27, 2010, the Department published its
final determination in the countervailing 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 Affirmative Countervailing Duty Determination, 75 FR 59209
(September 27, 2010), and accompanying Issues and Decision Memorandum
(Decision Memorandum).
On November 10, 2010, the Department placed on the record of this
investigation a memorandum,\1\ which identifies an unintentional
misstatement regarding our discount rate calculation for allocable
subsidies received by the mandatory company respondents, PT Pabrik
Kertas Tjiwi Kimia Tbk., PT Pindo Deli Pulp and Paper Mills, and PT
Indah Kiat Pulp and Paper, Tbk. Specifically, in the Decision
Memorandum, we stated that ``{t{time} he discount rate is intended to
calculate a present value of a future stream of benefits based on a
company's own internal rate of return or cost of borrowing (or
approximation thereof) and is based on lending rates in the
respondent's home market currency. * * *'' \2\ However, we should have
stated that the discount rate in this investigation is based on lending
rates in U.S. dollars.
---------------------------------------------------------------------------
\1\ See the memorandum to Barbara E. Tillman, Director, AD/CVD
Operations, Office 6, ``Ministerial Error Allegation and
Identification of Misstatement in the Issues and Decision Memorandum
in the Instant Investigation,'' dated November 10, 2010. This public
document is available in the Central Records Unit, Room 7046, of the
main Department of Commerce building.
\2\ See Decision Memorandum at 59.
---------------------------------------------------------------------------
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
Act, that a U.S. industry is threatened with material injury by reason
of subsidized imports of subject merchandise from Indonesia. See
Certain Coated Paper Suitable for High-Quality Print Graphics Using
Sheet-Fed Presses from China and Indonesia, USITC Publication 4192,
Investigation Nos. 701-TA-470-471 and 731-TA-1169-1170 (Final)
(November 2010). Pursuant to section 706(a) of the
[[Page 70207]]
Act, the Department is publishing a countervailing duty order on the
subject merchandise.
Scope of the Order
The scope of this order includes certain coated paper and
paperboard\3\ 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; \4\ 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).
---------------------------------------------------------------------------
\3\ `` `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.' ''
\4\ 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.
Countervailing Duty Order
In accordance with section 706(a)(1) of the Act, the Department
will direct U.S. Customs and Border Protection (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 certain coated paper from Indonesia.
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 the ITC's notice of final
determination if that determination is based upon threat of material
injury. Section 706(b)(1) of the Act states, ``If 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 CBP to refund any cash deposits or bonds of estimated
countervailing duties posted since the Department's preliminary
countervailing duty determination, if the ITC's final determination is
threat-based. 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 was published in the Federal Register, \5\ section
706(b)(2) of the Act is applicable.
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\5\ See Certain Coated Paper from Indonesia: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Countervailing Duty Determination with Final Antidumping Duty
Determination, 75 FR 10761 (March 9, 2010) (Preliminary
Determination).
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Therefore, the Department will direct CBP to reinstitute suspension
of liquidation,\6\ and to assess, upon further instruction from the
Department, countervailing duties on all unliquidated entries of
certain coated paper from Indonesia entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
ITC's notice of final determination of threat of injury in the Federal
Register.
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\6\ 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 suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months. Entries of certain coated paper from
Indonesia 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 of the suspension of
liquidation, effective July 7, 2010.
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Cash Deposit Requirements
Pursuant to section 706(a)(3) of the Act, effective on the date of
publication of the ITC's notice of final determination in the Federal
Register, CBP will require, at the same time as importers would
normally deposit estimated duties, cash deposits for the subject
merchandise equal to the net subsidy rates listed below. The all-others
rate applies to all producers and exporters of subject merchandise not
specifically listed.
------------------------------------------------------------------------
Net subsidy
Producer/exporter rate
(percent)
------------------------------------------------------------------------
PT Pabrik Kertas Tjiwi Kimia, Tbk, PT Pindo Deli Pulp
and Paper Mills, PT Indah Kiat Pulp and Paper, Tbk.....
(i.e., APP/SMG)......................................... 17.94
All Others.............................................. 17.94
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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 also
instruct CBP to refund any cash deposits made, and to release any bonds
posted between March 9, 2010 (i.e., the date of publication of the
Department's Preliminary Determination) and on or before July 7, 2010,
the date on which the Department discontinued the suspension of
liquidation pursuant to section 703(d) of the Act.
This notice constitutes the countervailing duty order with respect
to certain coated paper from Indonesia, 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.
[[Page 70208]]
This order is issued and published in accordance with section
706(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. 2010-29120 Filed 11-16-10; 8:45 am]
BILLING CODE 3510-DS-P
