Certain Tissue Paper Products from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 40101-40102 [2013-16028]
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Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices
warehouse, for consumption in the
United States on or after the publication
of this rescission notice.
Notifications to Interested Parties
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing this
rescission and notice in accordance
with sections 751(a)(2)(B) and 777(i) of
the Act and 19 CFR 351.214(f)(3).
Dated: June 26, 2013.
Gary Taverman,
Senior Advisor for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2013–16020 Filed 7–2–13; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–894]
Certain Tissue Paper Products from
the People’s Republic of China:
Affirmative Final Determination of
Circumvention of the Antidumping
Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2013, the
Department of Commerce (the
Department) published the affirmative
preliminary determination of
circumvention of the antidumping duty
(AD) order on certain tissue paper
products (tissue paper) from the
People’s Republic of China (PRC).1 We
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
1 See Certain Tissue Paper Products From the
People’s Republic of China: Affirmative Preliminary
Determination of Circumvention of the
Antidumping Duty Order, 78 FR 14514 (March 6,
17:48 Jul 02, 2013
Jkt 229001
Background
On March 6, 2013, the Department
published the Preliminary
Determination finding that imports of
tissue paper processed by A.R. Printing
and Packaging India Pvt. Ltd. (ARPP) in
India, and exported to the United States,
are circumventing the AD order on
tissue paper from the PRC,2 as provided
in section 781(b) of the Tariff Act of
1930, as amended (the Act). We invited
interested parties to comment on the
Preliminary Determination. On April 19
and 24, 2013, ARPP and the petitioner 3
submitted case and rebuttal briefs,
respectively. The Department has
conducted this anti-circumvention
inquiry in accordance with section
781(b) of the Act and 19 CFR 351.225.
Scope of the Antidumping Duty Order
The tissue paper products subject to
the order are cut-to-length sheets of
tissue paper having a basis weight not
exceeding 29 grams per square meter.4
The merchandise subject to this order
does not have specific classification
numbers assigned to them under the
Harmonized Tariff Schedule of the
United States. Subject merchandise may
be under one or more of several
BILLING CODE 3510–DS–P
VerDate Mar<15>2010
gave interested parties an opportunity to
comment on the Preliminary
Determination. Based on our analysis of
these comments and the facts of record,
as verified, our final determination
remains unchanged from the
Preliminary Determination.
DATE: Effective July 3, 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:
2013) (Preliminary Determination), and
accompanying 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 and Packaging India Pvt. Ltd.
2 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).
3 The petitioner is Seaman Paper Company of
Massachusetts, Inc.
4 For a complete description of the scope of the
PRC Tissue Paper Order, see memorandum entitled
‘‘Issues and Decision Memorandum for the Final
Affirmative Determination of Circumvention of the
Antidumping Duty Order on Certain Tissue Paper
Products from the People’s Republic of China (PRC)
(Final Decision Memorandum),’’ dated concurrently
with this notice.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
40101
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 the order is
dispositive.5
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 by ARPP and
exported to the United States.
Analysis of Comments Received
All issues raised in the case briefs by
parties in this circumvention inquiry are
listed in the Appendix to this notice and
addressed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice. The Issues and Decision
Memorandum can be accessed directly
on the internet at https://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 https://iaaccess.trade.gov and in
the Central Records Unit, Room 7046 of
the main Department of Commerce
building. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Determination
In the Preliminary Determination, the
Department found that imports of tissue
paper processed by ARPP in India, and
exported to the United States, are
circumventing the PRC Tissue Paper
Order pursuant to section 781(b) of the
Act. Our final determination remains
unchanged from our Preliminary
Determination. As detailed in the Issues
and Decision Memorandum, we
determine that tissue paper processed
by ARPP in India from PRC-origin
jumbo rolls and/or cut sheets of tissue
paper and exported to the United States
circumvented the PRC Tissue Paper
5 See
E:\FR\FM\03JYN1.SGM
PRC Tissue Paper Order.
03JYN1
40102
Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices
Order. We therefore determine that it is
appropriate to include this merchandise
within the scope of the PRC Tissue
Paper Order and to continue to instruct
U.S. Customs and Border Protection
(CBP) to suspend entries of tissue paper
products produced by ARPP from PRCorigin tissue paper.
Continuation of Suspension of
Liquidation
In accordance with section 781(b) of
the Act and 19 CFR 351.225(l)(3), the
Department will continue to 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 (jumbo rolls and/or cut
sheets) that were entered, or withdrawn
from warehouse, for consumption on or
after May 3, 2012, the date of initiation
of the anti-circumvention inquiry.6
Notice to Parties
This notice serves as the only
reminder to parties subject to the
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This final affirmative circumvention
determination is published in
accordance with section 781(b) of the
Act and 19 CFR 351.225.
Dated: June 27, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Discussion of the Issues
Comment 1: Whether the Department’s
Preliminary Affirmative Finding is
Appropriate
Comment 2: Whether the Remedy Articulated
in the Department’s Preliminary
Affirmative Finding is Appropriate
[FR Doc. 2013–16028 Filed 7–2–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Quarterly Update to Annual Listing of
Foreign Government Subsidies on
Articles of Cheese Subject to an InQuota Rate of Duty
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective July 3, 2013.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Ave. NW.,
Washington, DC 20230, telephone: (202)
482–3692.
SUPPLEMENTARY INFORMATION: Section
702 of the Trade Agreements Act of
1979 (as amended) (the Act) requires the
Department of Commerce (the
Department) to determine, in
consultation with the Secretary of
Agriculture, whether any foreign
government is providing a subsidy with
respect to any article of cheese subject
AGENCY:
to an in-quota rate of duty, as defined
in section 702(h) of the Act, and to
publish quarterly updates to the type
and amount of those subsidies. We
hereby provide the Department’s
quarterly update of subsidies on articles
of cheese that were imported during the
periods July 1, 2012, through September
30, 2012, and October 1, 2012, through
December 31, 2012.
The Department has developed, in
consultation with the Secretary of
Agriculture, information on subsidies
(as defined in section 702(h) of the Act)
being provided either directly or
indirectly by foreign governments on
articles of cheese subject to an in-quota
rate of duty. The appendix to this notice
lists the country, the subsidy program or
programs, and the gross and net
amounts of each subsidy for which
information is currently available. The
Department will incorporate additional
programs which are found to constitute
subsidies, and additional information
on the subsidy programs listed, as the
information is developed.
The Department encourages any
person having information on foreign
government subsidy programs which
benefit articles of cheese subject to an
in-quota rate of duty to submit such
information in writing to the Assistant
Secretary for Import Administration,
U.S.
This determination and notice are in
accordance with section 702(a) of the
Act.
Dated: June 24, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY
Gross 1 subsidy
($/lb)
Net 2 subsidy
($/lb)
Country
Program(s)
27 European Union Member States 3 ............
Canada ..........................................................
Norway ...........................................................
European Union Restitution Payments ...........................
Export Assistance on Certain Types of Cheese .............
Indirect (Milk) Subsidy .....................................................
Consumer Subsidy ..........................................................
$ 0.00
0.35
0.00
0.00
$0.00
0.35
0.00
0.00
Total .............................................................................
0.00
0.00
Deficiency Payments .......................................................
0.00
0.00
emcdonald on DSK67QTVN1PROD with NOTICES
Switzerland ....................................................
6 See Certain Tissue Paper Products from the
People’s Republic of China: Notice of Initiation of
Anti-circumvention Inquiry, 77 FR 27430 (May 10,
2012).
1 Defined in 19 U.S.C. 1677(5).
VerDate Mar<15>2010
17:48 Jul 02, 2013
Jkt 229001
in 19 U.S.C. 1677(6).
27 member states of the European Union
are: Austria, Belgium, Bulgaria, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia,
PO 00000
2 Defined
3 The
Frm 00014
Fmt 4703
Sfmt 9990
Lithuania, Luxembourg, Malta, Netherlands,
Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Sweden, and the United Kingdom.
E:\FR\FM\03JYN1.SGM
03JYN1
]]>Agencies
[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40101-40102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16028]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-894]
Certain Tissue Paper Products from the People's Republic of
China: Affirmative Final Determination of Circumvention of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2013, the Department of Commerce (the Department)
published the affirmative preliminary determination of circumvention of
the antidumping duty (AD) order on certain tissue paper products
(tissue paper) from the People's Republic of China (PRC).\1\ We gave
interested parties an opportunity to comment on the Preliminary
Determination. Based on our analysis of these comments and the facts of
record, as verified, our final determination remains unchanged from the
Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Certain Tissue Paper Products From the People's Republic
of China: Affirmative Preliminary Determination of Circumvention of
the Antidumping Duty Order, 78 FR 14514 (March 6, 2013) (Preliminary
Determination), and accompanying 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 and Packaging India Pvt. Ltd.
---------------------------------------------------------------------------
DATE: Effective July 3, 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:
Background
On March 6, 2013, the Department published the Preliminary
Determination finding that imports of tissue paper processed by A.R.
Printing and Packaging India Pvt. Ltd. (ARPP) in India, and exported to
the United States, are circumventing the AD order on tissue paper from
the PRC,\2\ as provided in section 781(b) of the Tariff Act of 1930, as
amended (the Act). We invited interested parties to comment on the
Preliminary Determination. On April 19 and 24, 2013, ARPP and the
petitioner \3\ submitted case and rebuttal briefs, respectively. The
Department has conducted this anti-circumvention inquiry in accordance
with section 781(b) of the Act and 19 CFR 351.225.
---------------------------------------------------------------------------
\2\ 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).
\3\ The petitioner is Seaman Paper Company of Massachusetts,
Inc.
---------------------------------------------------------------------------
Scope of the Antidumping Duty Order
The tissue paper products subject to the order are cut-to-length
sheets of tissue paper having a basis weight not exceeding 29 grams per
square meter.\4\ The merchandise subject to this order does not have
specific classification numbers assigned to them under the Harmonized
Tariff Schedule of the United States. 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 the order is
dispositive.\5\
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the PRC Tissue
Paper Order, see memorandum entitled ``Issues and Decision
Memorandum for the Final Affirmative Determination of Circumvention
of the Antidumping Duty Order on Certain Tissue Paper Products from
the People's Republic of China (PRC) (Final Decision Memorandum),''
dated concurrently with this notice.
\5\ 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 by ARPP and exported to the United States.
Analysis of Comments Received
All issues raised in the case briefs by parties in this
circumvention inquiry are listed in the Appendix to this notice and
addressed in the Issues and Decision Memorandum, which is hereby
adopted by this notice. The Issues and Decision Memorandum can be
accessed directly on the internet at https://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 https://iaaccess.trade.gov
and in the Central Records Unit, Room 7046 of the main Department of
Commerce building. The signed Issues and Decision Memorandum and the
electronic version of the Issues and Decision Memorandum are identical
in content.
Final Determination
In the Preliminary Determination, the Department found that imports
of tissue paper processed by ARPP in India, and exported to the United
States, are circumventing the PRC Tissue Paper Order pursuant to
section 781(b) of the Act. Our final determination remains unchanged
from our Preliminary Determination. As detailed in the Issues and
Decision Memorandum, we determine that tissue paper processed by ARPP
in India from PRC-origin jumbo rolls and/or cut sheets of tissue paper
and exported to the United States circumvented the PRC Tissue Paper
[[Page 40102]]
Order. We therefore determine that it is appropriate to include this
merchandise within the scope of the PRC Tissue Paper Order and to
continue to instruct U.S. Customs and Border Protection (CBP) to
suspend entries of tissue paper products produced by ARPP from PRC-
origin tissue paper.
Continuation of Suspension of Liquidation
In accordance with section 781(b) of the Act and 19 CFR
351.225(l)(3), the Department will continue to 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 (jumbo rolls and/or
cut sheets) that were entered, or withdrawn from warehouse, for
consumption on or after May 3, 2012, the date of initiation of the
anti-circumvention inquiry.\6\
---------------------------------------------------------------------------
\6\ See Certain Tissue Paper Products from the People's Republic
of China: Notice of Initiation of Anti-circumvention Inquiry, 77 FR
27430 (May 10, 2012).
---------------------------------------------------------------------------
Notice to Parties
This notice serves as the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
This final affirmative circumvention determination is published in
accordance with section 781(b) of the Act and 19 CFR 351.225.
Dated: June 27, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Discussion of the Issues
Comment 1: Whether the Department's Preliminary Affirmative Finding
is Appropriate
Comment 2: Whether the Remedy Articulated in the Department's
Preliminary Affirmative Finding is Appropriate
[FR Doc. 2013-16028 Filed 7-2-13; 8:45 am]
BILLING CODE 3510-DS-P
