Certain Uncoated Paper From the People's Republic of China and Indonesia: Initiation of Countervailing Duty Investigations, 8598-8603 [2015-03337]

Download as PDF 8598 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices notice. No other changes have been made to the Preliminary Results. This corrected preliminary results and partial rescission is issued and published in accordance with section 751 of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: February 6, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. emcdonald on DSK67QTVN1PROD with NOTICES Appendix II Companies for which review was rescinded 1. Aiko Solar 2. Amplesun Solar 3. Beijing Hope Industry 4. Best Solar Hi-tech 5. CEEG (Shanghai) Solar Science Technology Co., Ltd. 6. CEEG Nanjing Renewable Energy Co., Ltd. 7. China Sunergy (Nanjing) Co., Ltd. 8. China Sunergy 9. Chinalight Solar 10. CNPV Dongying Solar Power Co., Ltd. 11. Dai Hwa Industrial 12. EGing 13. ENN Solar Energy 14. General Solar Power 15. Golden Partner Development 16. Goldpoly (Quanzhou) 17. Hairun Photovoltaics Technology Co., Ltd 18. Hanwha Solar One (Qidong) Co., Ltd. 19. Hareon Solar Technology 20. HC Solar Power Co., Ltd. 21. JA Solar Technology Yangzhou Co., Ltd. 22. Jetion Solar (China) Co., Ltd. 23. Jia Yi Energy Technology 24. Jiasheng Photovoltaic Tech. 25. Jiangxi Green Power Co. Ltd. 26. Jiawei Solar Holding 27. Jiawei Solarchina Co. (Shenzhen), Ltd 28. JingAo Solar Co., Ltd. 29. Jiutai Energy 30. Linuo Photovoltaic 31. Ningbo Komaes Solar Technology Co., Ltd. 32. Perfectenergy 33. Polar Photovoltaics 34. Qiangsheng (QS Solar) 35. QXPV (Ningbo Qixin Solar Electrical Appliance Co., Ltd) 36. Refine Solar 37. Risen Energy Co, Ltd. 38. Risun Solar (JiangXi Ruijing Solar Power Co., Ltd.) 39. Sanjing Silicon 40. Shanghai Chaori Solar Energy 41. Shanghai JA Solar Technology Co., Ltd. 42. Shanghai Solar Energy Science & Technology Co., Ltd. 43. Shangpin Solar 44. Shanshan Ulica 45. Shenzhen Global Solar Energy Tech. 46. Shuqimeng Energy Tech 47. Skybasesolar 48. Solargiga Energy Holdings Ltd. 49. Sunflower 50. Sunlink PV 51. Sunvim Solar Technology 52. Tainergy Tech 53. tenKsolar (Shanghai) Co., Ltd. 54. Tianjin Jinneng Solar Cell VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 55. Topsolar 56. Trony 57. Weihai China Glass Solar 58. Wuxi Sun-shine Power Co., Ltd. 59. Wuxi University Science Park International Incubator Co., Ltd. 60. Yuhan Sinosola Science & Technology Co., Ltd. 61. Yuhuan Solar Energy Source Co., Ltd. 62. Yunnan Tianda 63. Yunnan Zhuoye Energy 64. Zhejinag Leye Photovoltaic Science and Technology Co., Ltd. 65. Zhejiang Top Point Photovoltaic Co., Ltd. 66. Zhejiang Wanxiang Solar Co, Ltd. 67. Zhenjiang Huantai Silicon Science and Technology Co., Ltd. Appendix III Companies for which review will continue, but not selected for individual review 1. Baoding Jiansheng Photovoltaic Technology Co., Ltd. 2. Boading Tianwei Yingli New Energy Resources Co., Ltd. 3. Beijing Tianneng Yingli New Energy Resources Co. Ltd. 4. Canadian Solar International Limited 5. Canadian Solar Manufacturing (Changshu) Inc. 6. Canadian Solar Manufacturing (Luoyang) Inc. 7. Changzhou NESL Solartech Co., Ltd. 8. Changzhou Trina Solar Energy Co., Ltd. 9. Chint Solar (Zhejiang) Co., Ltd. 10. CSG PVTech Co., Ltd. 11. DelSolar Co., Ltd. 12. De-Tech Trading Limited HK 13. Dongfang Electric (Yixing) MAGI Solar Power Technology Co., Ltd. 14. Eoplly New Energy Technology Co., Ltd. 15. Era Solar Co., Ltd. 16. ET Solar Energy Limited. 17. Hainan Yingli New Energy Resources Co., Ltd. 18. Hangzhou Zhejiang University Sunny Energy Science and Technology Co. Ltd. 19. Hendigan Group Dmegc Magnetics 20. Hengshui Yingli New Energy Resources Co., Ltd. 21. Himin Clean Energy Holdings Co., Ltd. 22. Innovosolar 23. Jiangsu Green Power PV Co., Ltd. 24. Jiangxi Sunlink PV Technology Ltd. 25. Jiangsu Jiasheng Photovoltaic Technology Co., Ltd. 26. Jiangsu Sunlink PV Technology Co., Ltd. 27. Jiawei Solarchina Co. Ltd. 28. Jinko Solar Co., Ltd. 29. Jinko Solar Import and Export Co., Ltd. 30. Jinko Solar International Limited 31. Konca Solar Cell Co., Ltd. 32. Kuttler Automation Systems (Suzhou) Co. Ltd. 33. LDK Solar Hi-tech (Suzhou) Co., Ltd. 34. LDK Solar Hi-tech (Nanchang) 35. Leye Photovoltaic Science & Technology Co., Ltd. 36. Lixian Yingli New Energy Resources Co., Ltd. 37. Luoyang Suntech Power Co., Ltd. 38. Magi Solar Technology 39. Motech (Suzhou) Renewable Energy Co., Ltd. 40. MS Solar Investments LLC 41. Ningbo Ulica Solar Science & Technology PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Co., Ltd. 42. Ningbo Qixin Solar Electrical Appliance Co. Ltd. 43. Ningbo ETDZ Holdings Ltd. 44. Perlight Solar Co., Ltd. 45. ReneSola 46. Renesola Jiangsu Ltd. 47. Shenzen Topray Solar Co., Ltd. 48. Shanghai Machinery Complete Equipment (Group) Corp., Ltd. 49. Shenglong PV Tech. 50. Shenzhen Suntech Power Co., Ltd. 51. ShunFeng PV 52. Solarbest Energy—Tech (Zhejiang) Co., Ltd. 53. Sopray Energy 54. Sumec Hardware & Tools Co., Ltd. 55. Sun Earth Solar Power Co., Ltd. 56. Suntech Power Co., Ltd. 57. Suzhou Shenglong PV-Tech Co., Ltd. 58. Tianwei New Energy (Chengdu) PV Module Co., Ltd. 59. Tianjin Yingli New Energy Resources Co, Ltd. 60. Trina Solar (Changzhou) Science & Technology Co, Ltd. 61. Topray 62. Upsolar Group, Co. Ltd. 63. Wanxiang Import & Export Co., Ltd. 64. Wuxi Sunshine Power 65. Wuxi Suntech Power Co., Ltd. 66. Yangzhou Rietech Renewal Energy Co., Ltd. 67. Yangzhou Suntech Power Co., Ltd. 68. Yingli Energy (China) Company Limited. 69. Yingli Green Energy International Trading Company Limited. 70. Zhejiang Jiutai New Energy Co. Ltd. 71. Zhejiang Shuqimeng Photovoltaic Technology Co., Ltd. 72. Zhejiang Xinshun Guangfu Science and Technology Co., Ltd. 73. Zhejiang ZG-Cells Co, Ltd. 74. Zhenjiang Rietech New Energy Science & Technology Co., Ltd. 75. Zhiheng Solar Inc. 76. Zhejiang Sunflower Light Energy Sciences & Technology Limited Liability Company [FR Doc. 2015–03340 Filed 2–17–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–023, C–560–829] Certain Uncoated Paper From the People’s Republic of China and Indonesia: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: February 18, 2015. FOR FURTHER INFORMATION CONTACT: Patricia Tran at (202) 482–1503 or Joy Zhang at (202) 482–1168 (People’s Republic of China (PRC)); David Goldberger at (202) 482–4136 or AGENCY: E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices Katherine Johnson at (202) 482–4929 (Indonesia), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION The Petitions emcdonald on DSK67QTVN1PROD with NOTICES On January 21, 2015, the Department of Commerce (Department) received countervailing duty (CVD) petitions concerning imports of certain uncoated paper from the PRC and Indonesia filed in proper form on behalf of United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union; Domtar Corporation; Finch Paper LLC; P.H. Glatfelter Company; and Packaging Corporation of America (collectively, the petitioners). The CVD petitions were accompanied by antidumping duty (AD) petitions concerning imports of certain uncoated paper from Australia, Brazil, the PRC, Indonesia, and Portugal.1 The petitioners are domestic producers of uncoated paper,2 and a certified union with workers engaged in the manufacture and production of the domestic like product in the United States.3 On January 26 and 27, 2015, the Department requested information and clarification for certain areas of the Petitions.4 The petitioners filed 1 See ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal and Countervailing Duties on Imports from China and Indonesia,’’ dated January 21, 2015 (Petitions). 2 See Volume I of the Petitions, at I–2 and Exhibit I–2. 3 Id. at, I–1—I–2 and Exhibit I–2. 4 See Letter from the Department to the petitioners entitled ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Uncoated Paper from the People’s Republic of China (PRC): Supplemental Questions,’’ dated January 26, 2015 (PRC Deficiency Questionnaire); Letter from the Department to the petitioners, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Certain Uncoated Paper from Australia, Brazil, Indonesia, the People’s Republic of China, and Portugal, and Countervailing Duties on Imports of Certain Uncoated Paper from Indonesia and the People’s Republic of China: Supplemental Questions,’’ dated January 26, 2015 (General Issues Questionnaire); Letter from the Department to the petitioners entitled ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Uncoated Paper from Indonesia: Supplemental Questions,’’ dated January 27, 2015 (Indonesia Deficiency Questionnaire); and Memorandum to the File entitled ‘‘Petitions for the Imposition of Countervailing Duties on Imports of Certain Uncoated Paper from the People’s Republic of China: Addendum to Supplemental Questions,’’ dated January 27, 2015 (PRC Addendum). VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 responses to these requests on January 29 and 30, 2015.5 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (‘‘the Act’’), the petitioners allege that the Government of the PRC (GOC) and the Government of Indonesia (GOI) are providing countervailable subsidies (within the meaning of sections 701 and 771(5) of the Act) to imports of certain uncoated paper from the PRC and Indonesia, respectively, and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(b)(1) of the Act, the Petitions are accompanied by information reasonably available to the petitioners supporting their allegations. The Department finds that the petitioners filed the Petitions on behalf of the domestic industry because the petitioners are interested parties as defined in sections 771(9)(C) and (D) of the Act. The Department also finds that the petitioners demonstrated sufficient industry support with respect to the initiation of the CVD investigations that the petitioners are requesting.6 Period of Investigations The period of the investigation for both the PRC and Indonesia is January 1, 2014, through December 31, 2014.7 Scope of the Investigations The product covered by these investigations is certain uncoated paper from the PRC and Indonesia. For a full description of the scope of these investigations, see the ‘‘Scope of the Investigations’’ in Appendix I of this notice. Comments on Scope of the Investigations During our review of the Petitions, the Department issued questions to, and received responses from, the petitioners pertaining to the proposed scope to ensure that the scope language in the Petitions would be an accurate 5 See Letter from the petitioners entitled ‘‘Certain Uncoated Paper From The People’s Republic Of China/Petitioners’ Response To The Department’s Questions Regarding The Petition,’’ dated January 29, 2015 (PRC CVD Supplement); Letter from the petitioners entitled ‘‘Certain Uncoated Paper From Indonesia/Petitioners’ Response To The Department’s Questions Regarding The Petition,’’ dated January 30, 2015 (Indonesia CVD Supplement); and Letter from the petitioners entitled ‘‘Certain Uncoated Paper From Australia, Brazil, The People’s Republic of China, Indonesia, And Portugal/Petitioners’ Response To The Department’s General Questions Regarding The Petition,’’ dated January 30, 2015 (General Issues Supplement). 6 See the ‘‘Determination of Industry Support for the Petitions’’ section below. 7 19 CFR 351.204(b)(2). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 8599 reflection of the products for which the domestic industry is seeking relief.8 As discussed in the preamble to the Department’s regulations,9 we are setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. All such comments must be filed by 5:00 p.m. Eastern Standard Time (‘‘EST’’) on March 2, 2015, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. EST on March 12, 2015, which is 10 calendar days after the initial comments deadline.10 The Department requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the records of the PRC and Indonesia CVD investigations, as well as the concurrent Australia, Brazil, the PRC, Indonesia, and Portugal AD investigations. Filing Requirements All submissions to the Department must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).11 An electronically-filed document must be received successfully in its entirety by the time and date it is 8 See General Issues Questionnaire; see also General Issues Supplement. 9 See Antidumping Duties; Countervailing Duties; Final rule, 62 FR 27296, 27323 (May 19, 1997). 10 According to the Department practice, when a date falls on a weekend or a federal holiday, submissions become due the next business day; 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). 11 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (ACCESS). The Web site location was changed from https:// iaaccess.trade.gov to https://access.trade.gov. The Final Rule changing the reference to the Regulations can be found at 79 FR 69046 (November 20, 2014). E:\FR\FM\18FEN1.SGM 18FEN1 8600 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. emcdonald on DSK67QTVN1PROD with NOTICES Consultations Pursuant to section 702(b)(4)(A)(i) of the Act, the Department notified representatives of the GOC and the GOI of the receipt of the Petitions. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the Department provided representatives of the GOC and the GOI the opportunity for consultations with respect to the Petitions.12 Consultations were held with the GOC on February 5, 2015. Consultations were held with the GOI on February 9, 2015. All memoranda are on file electronically via ACCESS.13 Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. Thus, to 12 See Letter of Invitation from the Department to the GOI dated January 21, 2015, and Letter of Invitation from the Department to the GOC dated January 26, 2015. 13 See supra fn.10 for information pertaining to ACCESS. VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,14 they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.15 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petitions). With regard to the domestic like product, the petitioners do not offer a definition of the domestic like product distinct from the scope of the investigations. Based on our analysis of the information submitted on the record, we determined that uncoated paper constitutes a single domestic like product and we analyzed industry support in terms of that domestic like product.16 In determining whether the petitioners have standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 16 For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Certain Uncoated Paper from the People’s Republic of China (PRC CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Petitions Covering Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal (Attachment II); and Countervailing Duty Investigation Initiation Checklist: Certain Uncoated Paper from Indonesia (Indonesia CVD Initiation Checklist), at Attachment II. These checklists are dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room 7046 of the main Department of Commerce building. the Petitions with reference to the domestic like product as defined in the ‘‘Scope of the Investigations,’’ in Appendix I of this notice. To establish industry support, the petitioners provided their shipments of the domestic like product in 2014, and compared their shipments to the estimated total shipments of the domestic like product for the entire domestic industry.17 Because total industry production data for the domestic like product for 2014 are not reasonably available and the petitioners have established that shipments are a reasonable proxy for production data,18 we relied upon the shipment data provided by the petitioners for purposes of measuring industry support.19 Based on the data provided in the Petitions, supplemental submission, and other information readily available to the Department, we determine that the petitioners have established industry support.20 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total shipments 21 of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).22 Second, the domestic producers (or workers) met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total shipments of the domestic like product.23 Finally, the domestic producers (or workers) met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the shipments of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.24 Accordingly, the 14 See 15 See PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 17 See Volume I of the Petitions, at I–2 through I–4 and Exhibit I–3; see also General Issues Supplement, at 5–8 and Exhibits I–S4 through I–S7. 18 See Volume I of the Petitions, at I–3 and Exhibit I–4. 19 For further discussion, see PRC CVD Checklist and Indonesia CVD Checklist, at Attachment II. 20 Id. 21 As mentioned above, the petitioners have established that shipments are a reasonable proxy for production data. Section 351.203(e)(1) of the Department’s regulations states ‘‘production levels may be established by reference to alternative data that the Secretary determines to be indicative of production levels.’’ 22 See section 702(c)(4)(D) of the Act; see also PRC CVD Checklist and Indonesia CVD Checklist, at Attachment II. 23 Id. 24 Id. E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices Department determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. The Department finds that the petitioners filed the Petitions on behalf of the domestic industry because they are interested parties as defined in sections 771(9)(C) and (D) of the Act and they have demonstrated sufficient industry support with respect to the CVD investigations that they are requesting the Department initiate.25 Injury Test Because Indonesia and the PRC are ‘‘Subsidies Agreement Countries’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from Indonesia and the PRC materially injure, or threaten material injury to, a U.S. industry. emcdonald on DSK67QTVN1PROD with NOTICES Allegations and Evidence of Material Injury and Causation The petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. The petitioners allege that subject imports exceed the negligibility threshold of three percent provided for under section 771(24)(A) of the Act.26 In CVD petitions, section 771(24)(B) of the Act provides that imports of subject merchandise from developing countries must exceed the negligibility threshold of four percent. The petitioners also demonstrate that subject imports from Indonesia, which has been designated as a developing country under section 771(36)(A) of the Act, exceed the negligibility threshold provided for under section 771(24)(B) of the Act.27 The petitioners contend that the industry’s injured condition is illustrated by reduced market share; underselling and price suppression or depression; lost sales and revenues; adverse impact on the domestic industry, including mill closures, decline in production, and decline in shipments; reduced employment variables; and adverse impact on financial performance.28 We assessed 25 Id. 26 See Volume I of the Petitions, at I–23, I–24 and Exhibit I–12; see also General Issues Supplement, at 11 and Exhibit I–S11. 27 Id. 28 See Volume I of the Petitions, at I–22 through I–43 and Exhibits I–3 and I–10 through I–26; see also General Issues Supplement, at 1, 8–11 and Exhibits I–S1 and I–S8 through I–S13. VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.29 Initiation of Countervailing Duty Investigations Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges the elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to the petitioners supporting the allegations. The petitioners allege that producers/ exporters of certain uncoated paper in the PRC and Indonesia benefited from countervailable subsidies bestowed by the governments of these countries, respectively. The Department examined the Petitions and finds that they comply with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating CVD investigations to determine whether manufacturers, producers, or exporters of certain uncoated paper from the PRC and Indonesia receive countervailable subsidies from the governments of these countries, respectively. The PRC Based on our review of the petition, we find that there is sufficient information to initiate a CVD investigation on 21 of the 22 alleged programs. For a full discussion of the basis for our decision to initiate or not initiate on each program, see the PRC CVD Initiation Checklist. Indonesia Based on our review of the petition, we find that there is sufficient information to initiate a CVD investigation on 14 of the 15 alleged programs. For a full discussion of the basis for our decision to initiate or not initiate on each program, see the Indonesia CVD Initiation Checklist. A public version of the initiation checklist for each investigation is available on ACCESS and at https:// trade.gov/enforcement/news.asp. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), 29 See Indonesia CVD Initiation Checklist and PRC CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 8601 unless postponed, we will make our preliminary determinations no later than 65 days after the date of this initiation. Respondent Selection The petitioners named eight companies as producers/exporters of certain uncoated paper from the PRC and six companies as producers/ exporters of certain uncoated paper from Indonesia.30 Following standard practice in CVD investigations, the Department will, where appropriate, select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of uncoated paper during the period of investigation under the following Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) numbers: 4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, and 4802.57.4000. We intend to release CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO shortly after the announcement of these case initiations. The Department invites comments regarding CBP data and respondent selection within five calendar days of publication of this Federal Register notice. Comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5 p.m. EST by the date noted above. We intend to make our decision regarding respondent selection within 20 days of publication of this Federal Register notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Department’s Web site at https://enforcement.trade.gov/apo. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the GOC and GOI via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each known exporter (as named in the Petitions), consistent with 19 CFR 351.203(c)(2). ITC Notification We notified the ITC of our initiation, as required by section 702(d) of the Act. 30 See E:\FR\FM\18FEN1.SGM Volume I of the Petitions, at Exhibit I–7. 18FEN1 8602 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of certain uncoated paper from the PRC and/or Indonesia are materially injuring, or threatening material injury to, a U.S. industry.31 A negative ITC determination for either country will result in the investigation being terminated with respect to that country;32 otherwise, these investigations will proceed according to statutory and regulatory time limits. emcdonald on DSK67QTVN1PROD with NOTICES Submission of Factual Information On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to AD and CVD proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all proceeding segments initiated on or after May 10, 2013, and thus are applicable to these investigations. Interested parties should review the final rule, available at https:// enforcement.trade.gov/frn/2013/ 1304frn/2013–08227.txt, prior to 31 See section 703(a) of the Act. 19:32 Feb 17, 2015 Revised Extension of Time Limits Regulation On September 20, 2013, the Department modified its regulation concerning the extension of time limits for submissions in AD and CVD proceedings.33 The modification clarifies that parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction information filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning CBP data; and (5) quantity and value questionnaires. Under certain circumstances, the Department may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, the Department will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which the Department will grant untimelyfiled requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013, and thus are applicable to these investigations. Interested parties should review Extension of Time Limits; Final Rule, available at https://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual information in these investigations. 33 See Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013). 32 Id. VerDate Sep<11>2014 submitting factual information in these investigations. Jkt 235001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.34 Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.35 The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. Dated: February 10, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigations The merchandise covered by these investigations includes uncoated paper in sheet form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level1 of 85 or higher 34 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 1 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 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. ‘‘Colored paper’’ as used in this scope definition means a paper with a hue other than white that reflects one of the primary colors of magenta, 35 See E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices or is a colored paper; whether or not surfacedecorated, printed (except as described below), embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions (Certain Uncoated Paper). Certain Uncoated Paper includes (a) uncoated free sheet paper that meets this scope definition; (b) uncoated groundwood paper produced from bleached chemithermo-mechanical pulp (BCTMP) that meets this scope definition; and (c) any other uncoated paper that meets this scope definition regardless of the type of pulp used to produce the paper. Specifically excluded from the scope are (1) paper printed with final content of printed text or graphics and (2) lined paper products, typically school supplies, composed of paper that incorporates straight horizontal and/or vertical lines that would make the paper unsuitable for copying or printing purposes. Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) categories 4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of subject merchandise may also be classified under 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 and 4811.90.9080. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigations is dispositive. [FR Doc. 2015–03337 Filed 2–17–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–918] Steel Wire Garment Hangers From the People’s Republic of China; 2013– 2014; Partial Rescission of the Sixth Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 28, 2014, the Department of Commerce (‘‘Department’’) published a notice of initiation of an administrative review of the antidumping duty order on steel wire garment hangers from the People’s Republic of China (‘‘PRC’’) based on multiple timely requests for an administrative review. The review covers 42 companies. Based on withdrawals of the requests for review of certain companies from M&B Metal emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: yellow, and cyan (red, yellow, and blue) or a combination of such primary colors. VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 Products Co., Ltd. (‘‘Petitioner’’), and Hangzhou Yingqing Material Co. Ltd (‘‘Yingqing Material’’), we are now rescinding this administrative review with respect to 35 companies. DATES: Effective Date: February 18, 2015. FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–7906. Background In October 2014, the Department received multiple timely requests to conduct an administrative review of the antidumping duty order on steel wire garment hangers from the PRC.1 Based upon these requests, on November 28, 2014, the Department published a notice of initiation of an administrative review of the Order covering the period October 1, 2013, to September 30, 2014.2 The Department initiated the administrative review with respect to 42 companies.3 On December 19, 2014, Petitioner withdrew its request for an administrative review on 35 companies.4 Additionally, on February 2, 2015, Yingqing Material withdrew its request for a review of itself.5 Partial Rescission Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. All requests for administrative reviews on the 35 companies listed in the Appendix were withdrawn.6 Accordingly, we are rescinding this review, in part, with 1 See Notice of Antidumping Duty Order: Steel Wire Garment Hangers From the People’s Republic of China, 73 FR 58111 (October 6, 2008) (‘‘Order’’). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 70850 (November 28, 2014). 3 Id. 4 See Letter to the Department from Petitioners, Re: Petitioner’s Withdrawal of Review Requests for Specific Companies, dated December 19, 2014. 5 See Letter to the Department from Yingqing Material; Re: Withdrawal from Review, dated February 2, 2015. 6 As stated in Change in Practice in NME Reviews, the Department will no longer consider the nonmarket economy (‘‘NME’’) entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 8603 respect to these entities, in accordance with 19 CFR 351.213(d)(1). Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. Notification to Importers This notice serves as the only reminder to importers for whom this review is being rescinded, as of the publication date of this notice, 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. 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. Notification to Interested Parties This notice is issued and published in accordance with sections 751 and 777(i)(l) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: February 6, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. APPENDIX 1 Da Sheng Hanger Ind. Co., Ltd. E:\FR\FM\18FEN1.SGM 18FEN1

Agencies

[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8598-8603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-023, C-560-829]


Certain Uncoated Paper From the People's Republic of China and 
Indonesia: Initiation of Countervailing Duty Investigations

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

DATES: Effective Date: February 18, 2015.

FOR FURTHER INFORMATION CONTACT: Patricia Tran at (202) 482-1503 or Joy 
Zhang at (202) 482-1168 (People's Republic of China (PRC)); David 
Goldberger at (202) 482-4136 or

[[Page 8599]]

Katherine Johnson at (202) 482-4929 (Indonesia), AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION

The Petitions

    On January 21, 2015, the Department of Commerce (Department) 
received countervailing duty (CVD) petitions concerning imports of 
certain uncoated paper from the PRC and Indonesia filed in proper form 
on behalf of United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union; 
Domtar Corporation; Finch Paper LLC; P.H. Glatfelter Company; and 
Packaging Corporation of America (collectively, the petitioners). The 
CVD petitions were accompanied by antidumping duty (AD) petitions 
concerning imports of certain uncoated paper from Australia, Brazil, 
the PRC, Indonesia, and Portugal.\1\ The petitioners are domestic 
producers of uncoated paper,\2\ and a certified union with workers 
engaged in the manufacture and production of the domestic like product 
in the United States.\3\
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    \1\ See ``Petitions for the Imposition of Antidumping Duties on 
Imports of Certain Uncoated Paper from Australia, Brazil, China, 
Indonesia, and Portugal and Countervailing Duties on Imports from 
China and Indonesia,'' dated January 21, 2015 (Petitions).
    \2\ See Volume I of the Petitions, at I-2 and Exhibit I-2.
    \3\ Id. at, I-1--I-2 and Exhibit I-2.
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    On January 26 and 27, 2015, the Department requested information 
and clarification for certain areas of the Petitions.\4\ The 
petitioners filed responses to these requests on January 29 and 30, 
2015.\5\
---------------------------------------------------------------------------

    \4\ See Letter from the Department to the petitioners entitled 
``Petition for the Imposition of Countervailing Duties on Imports of 
Certain Uncoated Paper from the People's Republic of China (PRC): 
Supplemental Questions,'' dated January 26, 2015 (PRC Deficiency 
Questionnaire); Letter from the Department to the petitioners, 
``Petitions for the Imposition of Antidumping Duties on Imports of 
Certain Uncoated Paper from Australia, Brazil, Indonesia, the 
People's Republic of China, and Portugal, and Countervailing Duties 
on Imports of Certain Uncoated Paper from Indonesia and the People's 
Republic of China: Supplemental Questions,'' dated January 26, 2015 
(General Issues Questionnaire); Letter from the Department to the 
petitioners entitled ``Petition for the Imposition of Countervailing 
Duties on Imports of Certain Uncoated Paper from Indonesia: 
Supplemental Questions,'' dated January 27, 2015 (Indonesia 
Deficiency Questionnaire); and Memorandum to the File entitled 
``Petitions for the Imposition of Countervailing Duties on Imports 
of Certain Uncoated Paper from the People's Republic of China: 
Addendum to Supplemental Questions,'' dated January 27, 2015 (PRC 
Addendum).
    \5\ See Letter from the petitioners entitled ``Certain Uncoated 
Paper From The People's Republic Of China/Petitioners' Response To 
The Department's Questions Regarding The Petition,'' dated January 
29, 2015 (PRC CVD Supplement); Letter from the petitioners entitled 
``Certain Uncoated Paper From Indonesia/Petitioners' Response To The 
Department's Questions Regarding The Petition,'' dated January 30, 
2015 (Indonesia CVD Supplement); and Letter from the petitioners 
entitled ``Certain Uncoated Paper From Australia, Brazil, The 
People's Republic of China, Indonesia, And Portugal/Petitioners' 
Response To The Department's General Questions Regarding The 
Petition,'' dated January 30, 2015 (General Issues Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (``the Act''), the petitioners allege that the Government of 
the PRC (GOC) and the Government of Indonesia (GOI) are providing 
countervailable subsidies (within the meaning of sections 701 and 
771(5) of the Act) to imports of certain uncoated paper from the PRC 
and Indonesia, respectively, and that such imports are materially 
injuring, or threatening material injury to, an industry in the United 
States. Also, consistent with section 702(b)(1) of the Act, the 
Petitions are accompanied by information reasonably available to the 
petitioners supporting their allegations.
    The Department finds that the petitioners filed the Petitions on 
behalf of the domestic industry because the petitioners are interested 
parties as defined in sections 771(9)(C) and (D) of the Act. The 
Department also finds that the petitioners demonstrated sufficient 
industry support with respect to the initiation of the CVD 
investigations that the petitioners are requesting.\6\
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    \6\ See the ``Determination of Industry Support for the 
Petitions'' section below.
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Period of Investigations

    The period of the investigation for both the PRC and Indonesia is 
January 1, 2014, through December 31, 2014.\7\
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    \7\ 19 CFR 351.204(b)(2).
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Scope of the Investigations

    The product covered by these investigations is certain uncoated 
paper from the PRC and Indonesia. For a full description of the scope 
of these investigations, see the ``Scope of the Investigations'' in 
Appendix I of this notice.

Comments on Scope of the Investigations

    During our review of the Petitions, the Department issued questions 
to, and received responses from, the petitioners pertaining to the 
proposed scope to ensure that the scope language in the Petitions would 
be an accurate reflection of the products for which the domestic 
industry is seeking relief.\8\
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    \8\ See General Issues Questionnaire; see also General Issues 
Supplement.
---------------------------------------------------------------------------

    As discussed in the preamble to the Department's regulations,\9\ we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (scope). The period for scope comments is 
intended to provide the Department with ample opportunity to consider 
all comments and to consult with parties prior to the issuance of the 
preliminary determinations. If scope comments include factual 
information (see 19 CFR 351.102(b)(21)), all such factual information 
should be limited to public information. All such comments must be 
filed by 5:00 p.m. Eastern Standard Time (``EST'') on March 2, 2015, 
which is 20 calendar days from the signature date of this notice. Any 
rebuttal comments, which may include factual information, must be filed 
by 5:00 p.m. EST on March 12, 2015, which is 10 calendar days after the 
initial comments deadline.\10\
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    \9\ See Antidumping Duties; Countervailing Duties; Final rule, 
62 FR 27296, 27323 (May 19, 1997).
    \10\ According to the Department practice, when a date falls on 
a weekend or a federal holiday, submissions become due the next 
business day; 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).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigations be submitted 
during this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact the Department 
and request permission to submit the additional information. All such 
comments must be filed on the records of the PRC and Indonesia CVD 
investigations, as well as the concurrent Australia, Brazil, the PRC, 
Indonesia, and Portugal AD investigations.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\11\ An electronically-
filed document must be received successfully in its entirety by the 
time and date it is

[[Page 8600]]

due. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with Enforcement and 
Compliance's APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230, and 
stamped with the date and time of receipt by the applicable deadlines.
---------------------------------------------------------------------------

    \11\ On November 24, 2014, Enforcement and Compliance changed 
the name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (ACCESS). The Web site location was 
changed from https://iaaccess.trade.gov to https://access.trade.gov. 
The Final Rule changing the reference to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the GOC and the GOI of the receipt of the 
Petitions. Also, in accordance with section 702(b)(4)(A)(ii) of the 
Act, the Department provided representatives of the GOC and the GOI the 
opportunity for consultations with respect to the Petitions.\12\ 
Consultations were held with the GOC on February 5, 2015. Consultations 
were held with the GOI on February 9, 2015. All memoranda are on file 
electronically via ACCESS.\13\
---------------------------------------------------------------------------

    \12\ See Letter of Invitation from the Department to the GOI 
dated January 21, 2015, and Letter of Invitation from the Department 
to the GOC dated January 26, 2015.
    \13\ See supra fn.10 for information pertaining to ACCESS.
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Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product, or those producers 
whose collective output of a domestic like product constitutes a major 
proportion of the total domestic production of the product. Thus, to 
determine whether a petition has the requisite industry support, the 
statute directs the Department to look to producers and workers who 
produce the domestic like product. The International Trade Commission 
(ITC), which is responsible for determining whether ``the domestic 
industry'' has been injured, must also determine what constitutes a 
domestic like product in order to define the industry. While both the 
Department and the ITC must apply the same statutory definition 
regarding the domestic like product,\14\ they do so for different 
purposes and pursuant to a separate and distinct authority. In 
addition, the Department's determination is subject to limitations of 
time and information. Although this may result in different definitions 
of the like product, such differences do not render the decision of 
either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petitions).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigations. Based on our analysis of the information 
submitted on the record, we determined that uncoated paper constitutes 
a single domestic like product and we analyzed industry support in 
terms of that domestic like product.\16\
---------------------------------------------------------------------------

    \16\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Certain Uncoated Paper from the People's Republic of 
China (PRC CVD Initiation Checklist), at Attachment II, Analysis of 
Industry Support for the Petitions Covering Uncoated Paper from 
Australia, Brazil, the People's Republic of China, Indonesia, and 
Portugal (Attachment II); and Countervailing Duty Investigation 
Initiation Checklist: Certain Uncoated Paper from Indonesia 
(Indonesia CVD Initiation Checklist), at Attachment II. These 
checklists are dated concurrently with this notice and on file 
electronically via ACCESS. Access to documents filed via ACCESS is 
also available in the Central Records Unit, Room 7046 of the main 
Department of Commerce building.
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    In determining whether the petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in Appendix I of 
this notice. To establish industry support, the petitioners provided 
their shipments of the domestic like product in 2014, and compared 
their shipments to the estimated total shipments of the domestic like 
product for the entire domestic industry.\17\ Because total industry 
production data for the domestic like product for 2014 are not 
reasonably available and the petitioners have established that 
shipments are a reasonable proxy for production data,\18\ we relied 
upon the shipment data provided by the petitioners for purposes of 
measuring industry support.\19\
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    \17\ See Volume I of the Petitions, at I-2 through I-4 and 
Exhibit I-3; see also General Issues Supplement, at 5-8 and Exhibits 
I-S4 through I-S7.
    \18\ See Volume I of the Petitions, at I-3 and Exhibit I-4.
    \19\ For further discussion, see PRC CVD Checklist and Indonesia 
CVD Checklist, at Attachment II.
---------------------------------------------------------------------------

    Based on the data provided in the Petitions, supplemental 
submission, and other information readily available to the Department, 
we determine that the petitioners have established industry 
support.\20\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
shipments \21\ of the domestic like product and, as such, the 
Department is not required to take further action in order to evaluate 
industry support (e.g., polling).\22\ Second, the domestic producers 
(or workers) met the statutory criteria for industry support under 
section 702(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petitions account for at least 25 percent of 
the total shipments of the domestic like product.\23\ Finally, the 
domestic producers (or workers) met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the shipments of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\24\ Accordingly, the

[[Page 8601]]

Department determines that the Petitions were filed on behalf of the 
domestic industry within the meaning of section 702(b)(1) of the Act.
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    \20\ Id.
    \21\ As mentioned above, the petitioners have established that 
shipments are a reasonable proxy for production data. Section 
351.203(e)(1) of the Department's regulations states ``production 
levels may be established by reference to alternative data that the 
Secretary determines to be indicative of production levels.''
    \22\ See section 702(c)(4)(D) of the Act; see also PRC CVD 
Checklist and Indonesia CVD Checklist, at Attachment II.
    \23\ Id.
    \24\ Id.
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    The Department finds that the petitioners filed the Petitions on 
behalf of the domestic industry because they are interested parties as 
defined in sections 771(9)(C) and (D) of the Act and they have 
demonstrated sufficient industry support with respect to the CVD 
investigations that they are requesting the Department initiate.\25\
---------------------------------------------------------------------------

    \25\ Id.
---------------------------------------------------------------------------

Injury Test

    Because Indonesia and the PRC are ``Subsidies Agreement Countries'' 
within the meaning of section 701(b) of the Act, section 701(a)(2) of 
the Act applies to these investigations. Accordingly, the ITC must 
determine whether imports of the subject merchandise from Indonesia and 
the PRC materially injure, or threaten material injury to, a U.S. 
industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. The petitioners allege that 
subject imports exceed the negligibility threshold of three percent 
provided for under section 771(24)(A) of the Act.\26\ In CVD petitions, 
section 771(24)(B) of the Act provides that imports of subject 
merchandise from developing countries must exceed the negligibility 
threshold of four percent. The petitioners also demonstrate that 
subject imports from Indonesia, which has been designated as a 
developing country under section 771(36)(A) of the Act, exceed the 
negligibility threshold provided for under section 771(24)(B) of the 
Act.\27\
---------------------------------------------------------------------------

    \26\ See Volume I of the Petitions, at I-23, I-24 and Exhibit I-
12; see also General Issues Supplement, at 11 and Exhibit I-S11.
    \27\ Id.
---------------------------------------------------------------------------

    The petitioners contend that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; adverse impact on the domestic 
industry, including mill closures, decline in production, and decline 
in shipments; reduced employment variables; and adverse impact on 
financial performance.\28\ We assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we determined that these allegations are properly 
supported by adequate evidence and meet the statutory requirements for 
initiation.\29\
---------------------------------------------------------------------------

    \28\ See Volume I of the Petitions, at I-22 through I-43 and 
Exhibits I-3 and I-10 through I-26; see also General Issues 
Supplement, at 1, 8-11 and Exhibits I-S1 and I-S8 through I-S13.
    \29\ See Indonesia CVD Initiation Checklist and PRC CVD 
Initiation Checklist, at Attachment III, Analysis of Allegations and 
Evidence of Material Injury and Causation for the Antidumping and 
Countervailing Duty Petitions Covering Certain Uncoated Paper from 
Australia, Brazil, the People's Republic of China, Indonesia, and 
Portugal.
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Initiation of Countervailing Duty Investigations

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to the petitioners 
supporting the allegations.
    The petitioners allege that producers/exporters of certain uncoated 
paper in the PRC and Indonesia benefited from countervailable subsidies 
bestowed by the governments of these countries, respectively. The 
Department examined the Petitions and finds that they comply with the 
requirements of section 702(b)(1) of the Act. Therefore, in accordance 
with section 702(b)(1) of the Act, we are initiating CVD investigations 
to determine whether manufacturers, producers, or exporters of certain 
uncoated paper from the PRC and Indonesia receive countervailable 
subsidies from the governments of these countries, respectively.

The PRC

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on 21 of the 22 
alleged programs. For a full discussion of the basis for our decision 
to initiate or not initiate on each program, see the PRC CVD Initiation 
Checklist.

Indonesia

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on 14 of the 15 
alleged programs. For a full discussion of the basis for our decision 
to initiate or not initiate on each program, see the Indonesia CVD 
Initiation Checklist.
    A public version of the initiation checklist for each investigation 
is available on ACCESS and at https://trade.gov/enforcement/news.asp.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 65 days after the date of this initiation.

Respondent Selection

    The petitioners named eight companies as producers/exporters of 
certain uncoated paper from the PRC and six companies as producers/
exporters of certain uncoated paper from Indonesia.\30\ Following 
standard practice in CVD investigations, the Department will, where 
appropriate, select respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports of uncoated paper during the 
period of investigation under the following Harmonized Tariff Schedule 
of the United States (``HTSUS'') numbers: 4802.56.1000, 4802.56.2000, 
4802.56.3000, 4802.56.4000, 4802.56.6000, 4802.56.7020, 4802.56.7040, 
4802.57.1000, 4802.57.2000, 4802.57.3000, and 4802.57.4000. We intend 
to release CBP data under Administrative Protective Order (APO) to all 
parties with access to information protected by APO shortly after the 
announcement of these case initiations. The Department invites comments 
regarding CBP data and respondent selection within five calendar days 
of publication of this Federal Register notice. Comments must be filed 
electronically using ACCESS. An electronically-filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. EST by the date noted above. We 
intend to make our decision regarding respondent selection within 20 
days of publication of this Federal Register notice. Interested parties 
must submit applications for disclosure under APO in accordance with 19 
CFR 351.305(b). Instructions for filing such applications may be found 
on the Department's Web site at https://enforcement.trade.gov/apo.
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    \30\ See Volume I of the Petitions, at Exhibit I-7.
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Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the GOC and GOI via ACCESS. To the extent practicable, we 
will attempt to provide a copy of the public version of the Petitions 
to each known exporter (as named in the Petitions), consistent with 19 
CFR 351.203(c)(2).

ITC Notification

    We notified the ITC of our initiation, as required by section 
702(d) of the Act.

[[Page 8602]]

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of certain uncoated paper from the PRC and/or 
Indonesia are materially injuring, or threatening material injury to, a 
U.S. industry.\31\ A negative ITC determination for either country will 
result in the investigation being terminated with respect to that 
country;\32\ otherwise, these investigations will proceed according to 
statutory and regulatory time limits.
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    \31\ See section 703(a) of the Act.
    \32\ Id.
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Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to AD and CVD proceedings: The definition of 
factual information (19 CFR 351.102(b)(21)), and the time limits for 
the submission of factual information (19 CFR 351.301). The final rule 
identifies five categories of factual information in 19 CFR 
351.102(b)(21), which are summarized as follows: (i) Evidence submitted 
in response to questionnaires; (ii) evidence submitted in support of 
allegations; (iii) publicly available information to value factors 
under 19 CFR 351.408(c) or to measure the adequacy of remuneration 
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the 
Department; and (v) evidence other than factual information described 
in (i)-(iv). The final rule requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted and, if the information is submitted 
to rebut, clarify, or correct factual information already on the 
record, to provide an explanation identifying the information already 
on the record that the factual information seeks to rebut, clarify, or 
correct. The final rule also modified 19 CFR 351.301 so that, rather 
than providing general time limits, there are specific time limits 
based on the type of factual information being submitted. These 
modifications are effective for all proceeding segments initiated on or 
after May 10, 2013, and thus are applicable to these investigations. 
Interested parties should review the final rule, available at https://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to 
submitting factual information in these investigations.

Revised Extension of Time Limits Regulation

    On September 20, 2013, the Department modified its regulation 
concerning the extension of time limits for submissions in AD and CVD 
proceedings.\33\ The modification clarifies that parties may request an 
extension of time limits before a time limit established under Part 351 
expires, or as otherwise specified by the Secretary. In general, an 
extension request will be considered untimely if it is filed after the 
time limit established under Part 351 expires. For submissions which 
are due from multiple parties simultaneously, an extension request will 
be considered untimely if it is filed after 10:00 a.m. on the due date. 
Examples include, but are not limited to: (1) Case and rebuttal briefs, 
filed pursuant to 19 CFR 351.309; (2) factual information to value 
factors under 19 CFR 351.408(c), or to measure the adequacy of 
remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 
351.301(c)(3) and rebuttal, clarification and correction information 
filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the 
selection of a surrogate country and surrogate values and rebuttal; (4) 
comments concerning CBP data; and (5) quantity and value 
questionnaires. Under certain circumstances, the Department may elect 
to specify a different time limit by which extension requests will be 
considered untimely for submissions which are due from multiple parties 
simultaneously. In such a case, the Department will inform parties in 
the letter or memorandum setting forth the deadline (including a 
specified time) by which extension requests must be filed to be 
considered timely. This modification also requires that an extension 
request must be made in a separate, stand-alone submission, and 
clarifies the circumstances under which the Department will grant 
untimely-filed requests for the extension of time limits. These 
modifications are effective for all segments initiated on or after 
October 21, 2013, and thus are applicable to these investigations. 
Interested parties should review Extension of Time Limits; Final Rule, 
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these 
investigations.
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    \33\ See Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013).
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\34\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\35\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \34\ See section 782(b) of the Act.
    \35\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in these investigations 
should ensure that they meet the requirements of these procedures 
(e.g., the filing of letters of appearance as discussed at 19 CFR 
351.103(d)).

    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.
    Dated: February 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigations

    The merchandise covered by these investigations includes 
uncoated paper in sheet form; weighing at least 40 grams per square 
meter but not more than 150 grams per square meter; that either is a 
white paper with a GE brightness level\1\ of 85 or higher

[[Page 8603]]

or is a colored paper; whether or not surface-decorated, printed 
(except as described below), embossed, perforated, or punched; 
irrespective of the smoothness of the surface; and irrespective of 
dimensions (Certain Uncoated Paper).
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    \1\ 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 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. ``Colored paper'' as used in this scope definition means a 
paper with a hue other than white that reflects one of the primary 
colors of magenta, yellow, and cyan (red, yellow, and blue) or a 
combination of such primary colors.
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    Certain Uncoated Paper includes (a) uncoated free sheet paper 
that meets this scope definition; (b) uncoated groundwood paper 
produced from bleached chemi-thermo-mechanical pulp (BCTMP) that 
meets this scope definition; and (c) any other uncoated paper that 
meets this scope definition regardless of the type of pulp used to 
produce the paper.
    Specifically excluded from the scope are (1) paper printed with 
final content of printed text or graphics and (2) lined paper 
products, typically school supplies, composed of paper that 
incorporates straight horizontal and/or vertical lines that would 
make the paper unsuitable for copying or printing purposes.
    Imports of the subject merchandise are provided for under 
Harmonized Tariff Schedule of the United States (HTSUS) categories 
4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 
4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 
4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of 
subject merchandise may also be classified under 4802.62.1000, 
4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 
4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 
and 4811.90.9080. While HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of the investigations is dispositive.

[FR Doc. 2015-03337 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-DS-P
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