Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From Indonesia: Countervailing Duty Order, 70206-70208 [2010-29120]

Download as PDF 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Act, where the ITC finds threat of material injury, duties shall only be assessed on subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination.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 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 16:21 Nov 16, 2010 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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. E:\FR\FM\17NON1.SGM 17NON1 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: mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: Background On May 29, 2009, the Department initiated this review with respect to 187 companies upon which an administrative review was requested. VerDate Mar<15>2010 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). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 http://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 E:\FR\FM\17NON1.SGM 17NON1

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]


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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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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
------------------------------------------------------------------------

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