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]

Download as PDF 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]


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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 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