Certain Tissue Paper Products From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 14514-14515 [2013-05204]

Download as PDF 14514 Federal Register / Vol. 78, No. 44 / Wednesday, March 6, 2013 / Notices Dated: February 27, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–05205 Filed 3–5–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–894] Certain Tissue Paper Products From the People’s Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. AGENCY: Preliminary Determination We preliminarily determine that certain tissue paper products (tissue paper) processed by A.R. Printing and Packaging India Pvt. Ltd. (ARPP) in India, and exported to the United States, are circumventing the antidumping duty order on tissue paper from the People’s Republic of China (PRC,1 as provided in section 781(b) of the Tariff Act of 1930, as amended (the Act). DATES: Effective Date: March 6, 2013. FOR FURTHER INFORMATION CONTACT: Brian Smith or Gemal Brangman, AD/ CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1766 or (202) 482– 3773, respectively. SUPPLEMENTARY INFORMATION: pmangrum on DSK3VPTVN1PROD with NOTICES Scope of the Antidumping Duty Order The tissue paper products subject to this order are cut-to-length sheets of tissue paper having a basis weight not exceeding 29 grams per square meter.2 The merchandise subject to this order does not have specific classification numbers assigned to them under the Harmonized Tariff Schedule of the United States (HTS). Subject 1 See Notice of Amended Final Determination of Sales at Less than Fair Value and Antidumping Duty Order: Certain Tissue Paper Products from the People’s Republic of China, 70 FR 16223 (March 30, 2005) (PRC Tissue Paper Order). 2 See memorandum entitled ‘‘Preliminary Determination Decision Memorandum for the AntiCircumvention Inquiry on Certain Tissue Paper Products from the People’s Republic of China Involving AR Printing & Packaging India Pvt. Ltd.’’ (Preliminary Decision Memorandum) issued concurrently with this notice for a complete description of the scope of the PRC Tissue Paper Order. VerDate Mar<15>2010 15:01 Mar 05, 2013 Jkt 229001 merchandise may be under one or more of several different subheadings, including: 4802.30; 4802.54; 4802.61; 4802.62; 4802.69; 4804.31.1000; 4804.31.2000; 4804.31.4020; 4804.31.4040; 4804.31.6000; 4804.39; 4805.91.1090; 4805.91.5000; 4805.91.7000; 4806.40; 4808.30; 4808.90; 4811.90; 4823.90; 4820.50.00; 4802.90.00; 4805.91.90; 9505.90.40. The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of this order is dispositive.3 Scope of the Anti-Circumvention Inquiry The products covered by this inquiry are tissue paper products, as described above in the ‘‘Scope of the Antidumping Duty Order’’ section, which are produced in India from PRC-origin jumbo rolls and/or cut sheets of tissue paper, and exported from India to the United States. This inquiry only covers such PRC-origin products that are processed in India and exported to the United States by ARPP. Methodology The Department has conducted this preliminary determination of circumvention in accordance with section 781(b) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.225(h). For a full description of the methodology underlying our conclusions, please see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/ and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Preliminary Findings As detailed in the Preliminary Decision Memorandum, we preliminarily determine that tissue paper processed by ARPP in India from PRC-origin jumbo rolls of tissue paper and exported to the United States is circumventing the PRC Tissue Paper Order. We therefore determine that it is appropriate to include this merchandise within the PRC Tissue Paper Order and to instruct U.S. Customs and Border Protection (CBP) to suspend any entries of tissue paper products produced by ARPP from PRC-origin tissue paper. Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), the Department will direct CBP to suspend liquidation and to require a cash deposit of estimated duties, at the rate applicable to the exporter, on all unliquidated entries of tissue paper produced by ARPP from PRC-origin tissue paper that were entered, or withdrawn from warehouse, for consumption on or after May 3, 2012, the date of initiation of the anticircumvention inquiry. Notification to the International Trade Commission The Department, consistent with section 781(e) of the Act and 19 CFR 351.225(f)(7)(i)(B), has notified the International Trade Commission (ITC) of this preliminary determination to include the merchandise subject to this inquiry within the PRC Tissue Paper Order. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning the Department’s proposed inclusion of the subject merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed exclusion, it will have 15 days to provide written advice to the Department. Public Comment Case briefs from interested parties may be submitted no later than 30 days from the date of publication of this notice. A list of authorities used and an executive summary of issues should accompany any briefs submitted to the Department. See 19 CFR 351.309(c). This summary should be limited to five pages total, including footnotes. Rebuttal briefs limited to issues raised in the case briefs may be filed no later than 35 days after the date of publication of this notice.4 Interested parties, who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, filed electronically using IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.5 Requests should contain the party’s name, address, and 4 See 3 See PO 00000 PRC Tissue Paper Order. Frm 00007 Fmt 4703 Sfmt 4703 5 See E:\FR\FM\06MRN1.SGM 19 CFR 351.309(d). 19 CFR 351.310(c). 06MRN1 Federal Register / Vol. 78, No. 44 / Wednesday, March 6, 2013 / Notices telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.6 At the hearing, each party may make an affirmative presentation only on issues raised in that party’s case brief and may make rebuttal presentations only on arguments included in that party’s rebuttal brief. We intend to hold a hearing, if requested, no later than 40 days after the date of publication of this notice. Final Determination The final determination with respect to this anti-circumvention inquiry, including the results of the Department’s analysis of any written comments, will be issued no later than June 27, 2013, unless extended. This preliminary affirmative circumvention determination is published in accordance with section 781(b) of the Act and 19 CFR 351.225. Dated: February 27, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–05204 Filed 3–5–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC280 Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2012 Research Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. pmangrum on DSK3VPTVN1PROD with NOTICES AGENCY: SUMMARY: On November 13, 2012, we published a notice inviting qualified commercial shark permit holders to submit applications to participate in the 2013 shark research fishery. The shark research fishery allows for the collection of fishery-dependent data for future stock assessments and cooperative research with commercial fishermen to meet the shark research objectives of the Agency. Every year, the permit terms and permitted activities (e.g., number of hooks and trips, retention limits) 6 See 19 CFR 351.310. VerDate Mar<15>2010 15:01 Mar 05, 2013 Jkt 229001 specifically authorized for selected participants in the shark research fishery are designated depending on the scientific and research needs of the Agency, as well as the number of NMFS-approved observers available. In order to inform selected participants of this year’s specific permit requirements and ensure all terms and conditions of the permit are met, we are holding a mandatory permit holder meeting for selected participants. In this notice, we announce the date and time of that meeting. DATES: A conference call will be held on March 18, 2013. ADDRESSES: A conference call will be conducted. See SUPPLEMENTARY INFORMATION for information on how to access the conference call. FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Delisse Ortiz at (301) 427–8503. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The 2006 Consolidated Highly Migratory species (HMS) Fishery Management Plan (FMP) is implemented by regulations at 50 CFR part 635. The final rule for Amendment 2 to the 2006 Consolidated HMS FMP (73 FR 35778, June 24, 2008, corrected at 73 FR 40658, July 15, 2008) established, among other things, a shark research fishery to maintain time series data for stock assessments and to meet NMFS’ research objectives. The shark research fishery gathers important scientific data and allows selected commercial fishermen the opportunity to earn more revenue from selling the sharks caught, including sandbar sharks. Only the commercial shark fishermen selected to participate in the shark research fishery are authorized to land/harvest sandbar sharks subject to the sandbar quota available each year. The sandbar shark base quota is 116.6 mt dw per year through December 31, 2013, although this number may be reduced in the event of overharvests, if any. The selected shark research fishery participants also have access to the nonsandbar large coastal sharks LCS, small coastal sharks SCS, and pelagic shark quotas subject to retention limits and quotas per §§ 635.24 and 635.27, respectively. On November 13, 2012 (77 FR 67631), we published a notice inviting qualified commercial shark permit holders to submit an application to participate in the 2013 shark research fishery. We received 13 applications, of which 12 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 14515 applicants were determined to meet all the qualifications. From the 12 qualified applicants, we randomly selected 6 participants after considering how to meet research objectives in particular regions. During the annual application period, commercial shark permit holders (directed and incidental) are invited to submit an application to participate in the shark research fishery. NMFS expects to invite qualified commercial shark permit holders to submit an application for the 2014 shark research fishery later this year. Every year, the permit terms and permitted activities (e.g., number of hooks and trips, retention limits) specifically authorized for selected participants in the shark research fishery are designated depending on the scientific and research needs of the Agency as well as the number of NMFSapproved observers available. In order to inform selected participants of this year’s specific permit requirements and ensure all terms and conditions of the permit are met, per the requirements of § 635.32 (f)(4), we are holding a mandatory permit holder meeting via conference call. The conference call will be held on March 18, 2013, from 2:00 to 4:00 p.m. (EST). Participants and interested parties should call 888–989–4986 and use the passcode 4136438. Selected participants who do not attend will not be allowed to participate in the shark research fishery. While the conference call is mandatory for selected participants, other interested parties may call in and listen to the discussion. Selected participants are encouraged to invite their captain, crew, or anyone else who may assist them in meeting the terms and conditions of the shark research research fishery permit. Dated: March 1, 2013. Kara Meckley, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–05201 Filed 3–5–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO–P–2012–0050] Extension of Comment Period for Request for Comments on a Patent Small Claims Proceeding in the United States United States Patent and Trademark Office, Commerce. ACTION: Notice of extension of public comment period. AGENCY: E:\FR\FM\06MRN1.SGM 06MRN1

Agencies

[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Pages 14514-14515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05204]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-894]


Certain Tissue Paper Products From the People's Republic of 
China: Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order

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

Preliminary Determination

    We preliminarily determine that certain tissue paper products 
(tissue paper) processed by A.R. Printing and Packaging India Pvt. Ltd. 
(ARPP) in India, and exported to the United States, are circumventing 
the antidumping duty order on tissue paper from the People's Republic 
of China (PRC,\1\ as provided in section 781(b) of the Tariff Act of 
1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determination of Sales at Less 
than Fair Value and Antidumping Duty Order: Certain Tissue Paper 
Products from the People's Republic of China, 70 FR 16223 (March 30, 
2005) (PRC Tissue Paper Order).

---------------------------------------------------------------------------
DATES: Effective Date: March 6, 2013.

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

SUPPLEMENTARY INFORMATION: 

Scope of the Antidumping Duty Order

    The tissue paper products subject to this order are cut-to-length 
sheets of tissue paper having a basis weight not exceeding 29 grams per 
square meter.\2\ The merchandise subject to this order does not have 
specific classification numbers assigned to them under the Harmonized 
Tariff Schedule of the United States (HTS). Subject merchandise may be 
under one or more of several different subheadings, including: 4802.30; 
4802.54; 4802.61; 4802.62; 4802.69; 4804.31.1000; 4804.31.2000; 
4804.31.4020; 4804.31.4040; 4804.31.6000; 4804.39; 4805.91.1090; 
4805.91.5000; 4805.91.7000; 4806.40; 4808.30; 4808.90; 4811.90; 
4823.90; 4820.50.00; 4802.90.00; 4805.91.90; 9505.90.40. The tariff 
classifications are provided for convenience and customs purposes; 
however, the written description of the scope of this order is 
dispositive.\3\
---------------------------------------------------------------------------

    \2\ See memorandum entitled ``Preliminary Determination Decision 
Memorandum for the Anti-Circumvention Inquiry on Certain Tissue 
Paper Products from the People's Republic of China Involving AR 
Printing & Packaging India Pvt. Ltd.'' (Preliminary Decision 
Memorandum) issued concurrently with this notice for a complete 
description of the scope of the PRC Tissue Paper Order.
    \3\ See PRC Tissue Paper Order.
---------------------------------------------------------------------------

Scope of the Anti-Circumvention Inquiry

    The products covered by this inquiry are tissue paper products, as 
described above in the ``Scope of the Antidumping Duty Order'' section, 
which are produced in India from PRC-origin jumbo rolls and/or cut 
sheets of tissue paper, and exported from India to the United States. 
This inquiry only covers such PRC-origin products that are processed in 
India and exported to the United States by ARPP.

Methodology

    The Department has conducted this preliminary determination of 
circumvention in accordance with section 781(b) of the Tariff Act of 
1930, as amended (``the Act''), and 19 CFR 351.225(h). For a full 
description of the methodology underlying our conclusions, please see 
the Preliminary Decision Memorandum. The Preliminary Decision 
Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/ and is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit, room 7046 of the main Department of Commerce building. 
The signed Preliminary Decision Memorandum and the electronic version 
of the Preliminary Decision Memorandum are identical in content.

Preliminary Findings

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine that tissue paper processed by ARPP in India 
from PRC-origin jumbo rolls of tissue paper and exported to the United 
States is circumventing the PRC Tissue Paper Order. We therefore 
determine that it is appropriate to include this merchandise within the 
PRC Tissue Paper Order and to instruct U.S. Customs and Border 
Protection (CBP) to suspend any entries of tissue paper products 
produced by ARPP from PRC-origin tissue paper.

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), the Department will direct 
CBP to suspend liquidation and to require a cash deposit of estimated 
duties, at the rate applicable to the exporter, on all unliquidated 
entries of tissue paper produced by ARPP from PRC-origin tissue paper 
that were entered, or withdrawn from warehouse, for consumption on or 
after May 3, 2012, the date of initiation of the anti-circumvention 
inquiry.

Notification to the International Trade Commission

    The Department, consistent with section 781(e) of the Act and 19 
CFR 351.225(f)(7)(i)(B), has notified the International Trade 
Commission (ITC) of this preliminary determination to include the 
merchandise subject to this inquiry within the PRC Tissue Paper Order. 
Pursuant to section 781(e) of the Act, the ITC may request 
consultations concerning the Department's proposed inclusion of the 
subject merchandise. If, after consultations, the ITC believes that a 
significant injury issue is presented by the proposed exclusion, it 
will have 15 days to provide written advice to the Department.

Public Comment

    Case briefs from interested parties may be submitted no later than 
30 days from the date of publication of this notice. A list of 
authorities used and an executive summary of issues should accompany 
any briefs submitted to the Department. See 19 CFR 351.309(c). This 
summary should be limited to five pages total, including footnotes. 
Rebuttal briefs limited to issues raised in the case briefs may be 
filed no later than 35 days after the date of publication of this 
notice.\4\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Interested parties, who wish to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Import Administration, U.S. Department of 
Commerce, filed electronically using IA ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern 
Standard Time within 30 days after the date of publication of this 
notice.\5\ Requests should contain the party's name, address, and

[[Page 14515]]

telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\6\ At 
the hearing, each party may make an affirmative presentation only on 
issues raised in that party's case brief and may make rebuttal 
presentations only on arguments included in that party's rebuttal 
brief. We intend to hold a hearing, if requested, no later than 40 days 
after the date of publication of this notice.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.310(c).
    \6\ See 19 CFR 351.310.
---------------------------------------------------------------------------

Final Determination

    The final determination with respect to this anti-circumvention 
inquiry, including the results of the Department's analysis of any 
written comments, will be issued no later than June 27, 2013, unless 
extended.
    This preliminary affirmative circumvention determination is 
published in accordance with section 781(b) of the Act and 19 CFR 
351.225.

     Dated: February 27, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-05204 Filed 3-5-13; 8:45 am]
BILLING CODE 3510-DS-P