Lightweight Thermal Paper From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 10477-10478 [2014-04068]

Download as PDF 10477 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices countervailing duties at the most recent company-specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: February 18, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum: 1. Scope of the Order 2. Use of Facts Otherwise Available and Adverse Inferences 3. Subsidies Valuation Information 4. Analysis of Programs [FR Doc. 2014–04119 Filed 2–24–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–921] Lightweight Thermal Paper From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. AGENCY: DATES: Effective Date: February 25, 2014. The Department of Commerce (Department) finds that revocation of the countervailing duty (CVD) order on lightweight thermal paper (thermal paper) from the People’s Republic of China (the PRC) would be likely to lead to continuation or recurrence of countervailable subsidies. SUMMARY: emcdonald on DSK67QTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Joshua Morris or Nancy Decker, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–1779 or (202) 482– 0196, respectively. SUPPLEMENTARY INFORMATION: Background On October 1, 2013, the Department initiated the first sunset review of the VerDate Mar<15>2010 17:58 Feb 24, 2014 Jkt 232001 CVD Order 1 on thermal paper from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On October 28, 2013, the Department received a notice of intent to participate from the petitioner in the investigation, Appvion, Inc.3 (hereinafter, Petitioner), within the deadline specified in 19 CFR 351.218(d)(1)(i).4 On November 18, 2013, the Department received an adequate substantive response from Petitioner within the 30-day deadline specified in 19 CFR 351.218(d)(3).5 The Department did not receive any submissions from other interested parties. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(B)–(C), the Department is conducting an expedited (120-day) sunset review of the CVD Order. Scope of the Order This order covers certain lightweight thermal paper. A full description of the scope of the order is contained in the Issues and Decision Memorandum,6 which is hereby adopted by this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement 1 See Lightweight Thermal Paper from the People’s Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 73 FR 70958 (November 24, 2008) (CVD Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 FR 60253 (October 1, 2013). 3 Appvion, Inc. was formerly known as Appleton Papers Inc. 4 The deadline for domestic interested party notification of intent to participate would have been October 16, 2013 (15 days after the date of publication of the initiation notice). However, as explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013. See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013) (Tolling Memorandum). Therefore, the revised deadline for notification of intent to participate was November 1, 2013. 5 The deadline substantive responses would have been October 31, 2013. However, due to the tolling of deadlines resulting from the closure of the Federal Government, the revised deadline for substantive responses was November 16, 2013. See Tolling Memorandum. Because that day fell on a Saturday, the new deadline was November 18, 2013. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 6 See ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Sunset Review of the Countervailing Duty Order on Lightweight Thermal Paper from the People’s Republic of China’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 and Compliance’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. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at https://www.trade.gov/ enforcement/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum. The issues include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the order were revoked. Final Results of Review Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the CVD Order would be likely to lead to continuation or recurrence of countervailable subsidies at the following net countervailable subsidy rates: Manufacturers/Producers/Exporters Guangdong Guanhao High-Tech Co., Ltd ................................... Shenzhen Yuanming Industrial Development Co., Ltd ............. MDCN Technology Co., Ltd ....... Xiamen Anne Paper Co., Ltd ..... All Others .................................... Net subsidy rate (percent) 13.63 138.53 124.93 124.93 13.63 This notice also serves as the only 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. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders 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 the final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act. E:\FR\FM\25FEN1.SGM 25FEN1 10478 Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices Dated: February 14, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2924, (202) 482–1121, or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: Appendix List of Topics Discussed in the Issues and Decision Memorandum 1. Summary 2. History of the Order 3. Background 4. Scope of the Order 5. Discussion of the Issues a. Likelihood of Continuation or Recurrence of a Countervailable Subsidy b. Net Countervailable Subsidy Likely To Prevail 6. Nature of the Subsidies 7. Final Results of Review 8. Recommendation [FR Doc. 2014–04068 Filed 2–24–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–817] Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, in Part, and Postponement of Final Determination Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) preliminarily determines that certain oil country tubular goods (OCTG) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less-than-fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is January 1, 2013, through June 30, 2013. The estimated weighted-average dumping margins of sales at LTFV are shown in the ‘‘Preliminary Determination’’ section of this notice. The final determination will be issued 135 days after publication of this preliminary determination in the Federal Register. We invite interested parties to comment on these preliminary results. DATES: Effective Date: February 25, 2014. FOR FURTHER INFORMATION CONTACT: Fred Baker, Tyler Weinhold, or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:58 Feb 24, 2014 Jkt 232001 Scope of the Investigation The merchandise covered by the investigation is certain oil country tubular goods (OCTG), which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish (e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of the investigation also covers OCTG coupling stock. For a complete description of the scope of the investigation, see Appendix I to this notice. Scope Comments On August 12, 2013, WSP Pipe Co., Ltd. (the sole mandatory respondent in the concurrent LTFV investigation of OCTG from Thailand) submitted scope comments to the Department regarding ‘‘pierced billets’’ and asked that the Department determine that such merchandise was outside of the scope of this and other OCTG investigations. Petitioners filed rebuttal comments on August 22, 2013. We have made no modifications to the scope of the investigations. For more information, see the Preliminary Decision Memorandum.1 Tolling of Deadlines for Preliminary Determination As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.2 1 See Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam, from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this determination and hereby adopted by this notice (Preliminary Decision Memorandum). 2 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. If the new deadline falls on a non-business day, in accordance with the Department’s practice, the deadline will become the next business day.3 The revised deadline for the preliminary determination of this investigation is now February 14, 2014.4 Methodology The Department conducted this investigation in accordance with section 731 of the Act. Constructed export price (CEP) has been calculated in accordance with section 772 of the Act. Because Vietnam is a non-market economy within the meaning of section 771(18) of the Act, and available information does not permit the calculation of normal value (NV) under 773(a) of the Act, we calculated NV in accordance with section 773(c) of the Act. Further, we determined to apply facts otherwise available with an adverse inference to the Vietnam-wide entity in accordance with section 776(a) and (b) of the Act. For a full description of the methodology underlying our conclusions, please see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Department’s Central Records Unit, located at room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at https:// enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Affirmative Determination of Critical Circumstances, in Part On December 18, 2013, petitioners 5 filed a timely critical circumstances 3 See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 4 Due to the closure of the Federal Government on February 13, 2014, Commerce completed this determination on the next business day (i.e., February 14, 2014). See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 5 United States Steel Corporation, Maverick Tube Corporation, Boomerang Tube LLC, Energex Tube, Northwest Pipe Company, Tejas Tubular Products E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10477-10478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04068]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-921]


Lightweight Thermal Paper From the People's Republic of China: 
Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

DATES: Effective Date: February 25, 2014.
SUMMARY: The Department of Commerce (Department) finds that revocation 
of the countervailing duty (CVD) order on lightweight thermal paper 
(thermal paper) from the People's Republic of China (the PRC) would be 
likely to lead to continuation or recurrence of countervailable 
subsidies.

FOR FURTHER INFORMATION CONTACT: Joshua Morris or Nancy Decker, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1779 
or (202) 482-0196, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 1, 2013, the Department initiated the first sunset 
review of the CVD Order \1\ on thermal paper from the PRC pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\
---------------------------------------------------------------------------

    \1\ See Lightweight Thermal Paper from the People's Republic of 
China: Notice of Amended Final Affirmative Countervailing Duty 
Determination and Notice of Countervailing Duty Order, 73 FR 70958 
(November 24, 2008) (CVD Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 60253 
(October 1, 2013).
---------------------------------------------------------------------------

    On October 28, 2013, the Department received a notice of intent to 
participate from the petitioner in the investigation, Appvion, Inc.\3\ 
(hereinafter, Petitioner), within the deadline specified in 19 CFR 
351.218(d)(1)(i).\4\ On November 18, 2013, the Department received an 
adequate substantive response from Petitioner within the 30-day 
deadline specified in 19 CFR 351.218(d)(3).\5\
---------------------------------------------------------------------------

    \3\ Appvion, Inc. was formerly known as Appleton Papers Inc.
    \4\ The deadline for domestic interested party notification of 
intent to participate would have been October 16, 2013 (15 days 
after the date of publication of the initiation notice). However, as 
explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013. See Memorandum 
for the Record from Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (October 18, 2013) (Tolling Memorandum). 
Therefore, the revised deadline for notification of intent to 
participate was November 1, 2013.
    \5\ The deadline substantive responses would have been October 
31, 2013. However, due to the tolling of deadlines resulting from 
the closure of the Federal Government, the revised deadline for 
substantive responses was November 16, 2013. See Tolling Memorandum. 
Because that day fell on a Saturday, the new deadline was November 
18, 2013. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
---------------------------------------------------------------------------

    The Department did not receive any submissions from other 
interested parties. As a result, pursuant to 19 CFR 
351.218(e)(1)(ii)(B)-(C), the Department is conducting an expedited 
(120-day) sunset review of the CVD Order.

Scope of the Order

    This order covers certain lightweight thermal paper. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum,\6\ which is hereby adopted by this notice.
---------------------------------------------------------------------------

    \6\ See ``Issues and Decision Memorandum for the Final Results 
of the Expedited Sunset Review of the Countervailing Duty Order on 
Lightweight Thermal Paper from the People's Republic of China'' from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, dated concurrently with this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance'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. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Internet at https://www.trade.gov/enforcement/. The signed Issues and Decision Memorandum 
and the electronic versions of the Issues and Decision Memorandum are 
identical in content.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum. The issues include the likelihood of continuation 
or recurrence of a countervailable subsidy and the net countervailable 
subsidy likely to prevail if the order were revoked.

Final Results of Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the CVD Order would be likely to lead to 
continuation or recurrence of countervailable subsidies at the 
following net countervailable subsidy rates:

------------------------------------------------------------------------
                                                                  Net
                                                                subsidy
              Manufacturers/Producers/Exporters                  rate
                                                               (percent)
------------------------------------------------------------------------
Guangdong Guanhao High-Tech Co., Ltd........................       13.63
Shenzhen Yuanming Industrial Development Co., Ltd...........      138.53
MDCN Technology Co., Ltd....................................      124.93
Xiamen Anne Paper Co., Ltd..................................      124.93
All Others..................................................       13.63
------------------------------------------------------------------------

    This notice also serves as the only 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. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders 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 the final results and notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act.


[[Page 10478]]


    Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. History of the Order
3. Background
4. Scope of the Order
5. Discussion of the Issues
    a. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    b. Net Countervailable Subsidy Likely To Prevail
6. Nature of the Subsidies
7. Final Results of Review
8. Recommendation

[FR Doc. 2014-04068 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P
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