Certain Uncoated Paper From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 36968-36970 [2015-15891]
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36968
Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices
sites: Site 1 (524 acres)—Red River
Commerce Park located approximately
18 miles west of Texarkana and the
Texas-Arkansas border in Bowie
County; and, Site 2 (160 acres)—City of
Nash Industrial Park located
approximately 15 miles west of
Texarkana and the Texas-Arkansas
border in Bowie County.
The grantee’s proposed service area
under the ASF would be a portion of
Bowie County, Texas, as described in
the application. If approved, the grantee
would be able to serve sites throughout
the service area based on companies’
needs for FTZ designation. The
proposed service area is adjacent to the
Shreveport-Bossier City Customs and
Border Protection port of entry.
The applicant is requesting authority
to reorganize its existing zone to include
all of the existing sites as ‘‘magnet’’
sites. The ASF allows for the possible
exemption of one magnet site from the
‘‘sunset’’ time limits that generally
apply to sites under the ASF, and the
applicant proposes that Site 1 be so
exempted. No subzones/usage-driven
sites are being requested at this time.
In accordance with the FTZ Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is August
28, 2015. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
September 14, 2015.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz. For further
information, contact Camille Evans at
Camille.Evans@trade.gov or (202) 482–
2350.
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–11–2015]
Foreign-Trade Zone 168—Dallas/Fort
Worth, Texas; Authorization of
Production Activity; Samsung
Electronics America, Inc.; (Kitting of
Mobile Phones and Tablet Computers);
Coppell, Texas
On February 20, 2015, the Metroplex
International Trade Development
Corporation, grantee of FTZ 168,
submitted a notification of proposed
production activity to the Foreign-Trade
Zones (FTZ) Board on behalf of
Samsung Electronics America, Inc,
within Site 9, in Coppell, Texas.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (80 FR 10456, 2–26–
2015). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the Board’s regulations, including
Section 400.14.
Dated: June 22, 2015.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2015–15795 Filed 6–26–15; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[C–570–023]
Certain Uncoated Paper From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
[FR Doc. 2015–15797 Filed 6–26–15; 8:45 am]
BILLING CODE 3510–DS–P
DATES:
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17:13 Jun 26, 2015
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Patricia Tran or Joy Zhang, Office III,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1503 and (202)
482–1168, respectively.
Alignment of Final Countervailing Duty
(CVD) Determination With Final
Antidumping Duty (AD) Determination
On the same day that the Department
initiated this CVD investigation, the
Department also initiated a CVD
investigation of uncoated paper from
Indonesia and AD investigations of
uncoated paper from Australia, Brazil,
the PRC, Indonesia, and Portugal.1 The
AD and CVD investigations cover the
same merchandise. On June 17, 2015, in
accordance with section 705(a)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.210(b)(4)(i),
Petitioners 2 requested alignment of the
final CVD determination with the final
AD determination of uncoated paper
from the PRC.3 Therefore, in accordance
with section 705(a)(1) of the Act and 19
CFR 351.210(b)(4)(i), we are aligning the
final CVD determination with the final
AD determination. Consequently, the
final CVD determination will be issued
on the same date as the final AD
determination, which is currently
scheduled to be issued no later than
November 2, 2015, unless postponed.
Scope of the Investigation
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
uncoated paper (uncoated paper) from
the People’s Republic of China (PRC).
The period of investigation is January 1,
2014, through December 31, 2014.
Interested parties are invited to
comment on this preliminary
determination.
Dated: June 22, 2015.
Elizabeth Whiteman,
Acting Executive Secretary.
FOR FURTHER INFORMATION CONTACT:
AGENCY:
PO 00000
Effective Date: June 29, 2015.
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Sfmt 4703
The product covered by this
investigation is uncoated paper from the
PRC. For a complete description of the
scope of the investigation, see Appendix
1 to this notice.
Methodology
The Department is conducting this
CVD investigation in accordance with
section 701 of the Act. For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Issues and Decision
1 See Certain Uncoated Paper From the People’s
Republic of China and Indonesia: Initiation of
Countervailing Duty Investigations, 80 FR 8598
(February 18, 2015); and Certain Uncoated Paper
From Australia, Brazil, the People’s Republic of
China, Indonesia, and Portugal: Initiation of LessThan-Fair-Value Investigations, 80 FR 8608
(February 18, 2015).
2 Petitioners are 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, Petitioners).
3 See Letter from Petitioners regarding ‘‘Certain
Uncoated Paper from People’s Republic of China:
Request for Alignment’’ (June 17, 2015).
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Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices
Memorandum.4 The Preliminary 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
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Issues and Decision Memorandum can
be accessed directly on the Internet at
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Issues and Decision Memorandum and
the electronic version of the Preliminary
Issues and Decision Memorandum are
identical in content.
For this preliminary determination,
we have relied on facts available for Sun
Paper (Hong Kong) Co., Ltd. (Sun Paper
HK) and Shandong Sun Paper Industry
Joint Stock Co., Ltd. (Shandong Sun
Paper) (collectively Sun Paper), and
UPM Changshu (UPM), mandatory
respondents, because the companies did
not act to the best of their ability and
respond to the Department’s requests for
information. Further, we have drawn an
adverse inference in selecting from
among the facts otherwise available to
calculate the ad valorem rate for Sun
Paper and UPM.5 We have also relied on
facts available, with adverse inferences,
with respect to certain information
requested of the Government of China.
For further information, see ‘‘Use of
Facts Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
The Department’s analysis of program
usage by Asia Symbol (Guangdong)
Omya Minerals Co., Ltd. (AS Omya),
Asia Symbol (Shandong) Pulp & Paper
Co., and Greenpoint Global Trading
(Macao Commercial Offshore) Limted
(Greenpoint) (collectively, the Asia
Symbol Companies), a mandatory
respondent, is also contained in the
Preliminary Decision Memorandum.
mstockstill on DSK4VPTVN1PROD with NOTICES
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
a CVD rate for each individually
4 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance regarding ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Certain
Uncoated Ppaer from the People’s Republic of
China,’’ dated concurrently with this notice
(Preliminary Issues and Decision Memorandum).
5 See sections 776(a) and (b) of the Act.
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17:13 Jun 26, 2015
Jkt 235001
investigated producer/exporter of the
subject merchandise. For companies not
individually investigated, we calculated
an all others rate as described below.
We preliminarily determine the
estimated countervailable subsidy rates
to be:
Subsidy rate
(percent)
Company
Asia Symbol (Guangdong)
Omya Minerals Co., Ltd.
(AS Omya), Asia Symbol
(Shandong) Pulp & Paper
Co., and Greenpoint Global Trading (Macao Commercial Offshore) Limted
(Greenpoint) (collectively,
the Asia Symbol Companies) ..................................
Sun Paper (Hong Kong) Co.,
Ltd. (Sun Paper HK) and
Shandong Sun Paper Industry Joint Stock Co., Ltd.
(Shandong Sun Paper)
(collectively Sun Paper) ....
UPM Changshu (UPM) .........
All Others ..............................
5.82
126.42
126.42
5.82
We are directing U.S. Customs and
Border Protection (CBP) to suspend
liquidation of all entries of uncoated
paper from the PRC that are entered, or
withdrawn from warehouse, for
consumption on or after the date of the
publication of this notice in the Federal
Register, and to require a cash deposit
for such entries of the merchandise in
the amounts indicated above.
In accordance with sections 703(d)
and 705(c)(5)(A)(i) of the Act, for
companies not investigated, we apply
an estimated ‘‘all-others’’ rate equal to
the weighted average countervailable
subsidy rates established for exporters
and producers individually
investigated, excluding any zero and de
minimis countervailable subsidy rates,
and any rates determined entirely under
section 776 of the Act. Thus, pursuant
to the statute, we set the all others rate
equal to the net subsidy rate of the Asia
Symbol Companies.
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondents prior to
making our final determination.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement.6
Interested parties may submit case and
rebuttal briefs. For a schedule of the
6 See
PO 00000
19 CFR 351.224(b).
Frm 00009
Fmt 4703
Sfmt 4703
36969
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Issues and Decision
Memorandum.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 703(f) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: June 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix 1—Scope of the Investigation
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 7 of 85 or higher
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.
7 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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Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices
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.
Appendix 2—List of Topics Discussed
in the Preliminary Issues and Decision
Memorandum
I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Application of Countervailing Duty Law
to Imports from the PRC
VIII. Subsidies Valuation
IX. Benchmark and Discount Rates
X. Use of Facts Otherwise Available and
Adverse Inferences
XI. Analysis of Programs
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Conclusion
Appendix
[FR Doc. 2015–15891 Filed 6–26–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Rescission of Antidumping Duty New
Shipper Reviews; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
The Department of Commerce
(‘‘Department’’) published its
Preliminary Rescission for two new
shipper reviews (‘‘NSRs’’) of the
antidumping duty order on certain
frozen fish fillets from the Socialist
Republic of Vietnam (‘‘Vietnam’’) on
SUMMARY:
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17:13 Jun 26, 2015
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January 28, 2015.1 The period of review
(‘‘POR’’) is August 1, 2013, through
January 31, 2014. As discussed below,
we preliminarily found that the sales
made by Nam Phuong Seafood Co., Ltd.
(‘‘Nam Phuong’’) and NTACO
Corporation (‘‘NTACO’’) were non-bona
fide, and announced our preliminary
intent to rescind their NSRs. For the
final results of this review, we continue
to find Nam Phuong’s and NTACO’s
sales to be non-bona fide. Therefore, we
are rescinding these two NSRs.
DATES: Effective date June 29, 2015.
FOR FURTHER INFORMATION CONTACT:
Matthew Renkey (Nam Phuong) or
Susan Pulongbarit (NTACO), 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) 482–2312 or (202) 482–
4031, respectively.
SUPPLEMENTARY INFORMATION:
Background
As noted above, on January 28, 2015,
the Department published the
Preliminary Rescission of these NSRs.
Thereafter, the Department extended the
time period for issuing the final results
to June 19, 2015.2 On February 27, 2015,
the Department received case briefs
from Nam Phuong and NTACO. On
March 12, 2015, the Department
received rebuttal briefs from the Catfish
Farmers of America and individual U.S.
catfish processors (‘‘Petitioners’’).
Scope of the Order
The product covered by the order is
frozen fish fillets, including regular,
shank, and strip fillets and portions
thereof, whether or not breaded or
marinated, of the species Pangasius
Bocourti, Pangasius Hypophthalmus
(also known as Pangasius Pangasius)
and Pangasius Micronemus. These
products are classifiable under tariff
article codes 0304.29.6033,
0304.62.0020, 0305.59.0000,
0305.59.4000, 1604.19.2000,
1 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Preliminary Intent
To Rescind Antidumping Duty New Shipper
Reviews; 2013–2014, 80 FR 4544 (January 28, 2015)
(‘‘Preliminary Rescission’’).
2 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations, from Susan S.
Pulongbarit, Senior International Trade Analyst,
Office V, Antidumping and Countervailing Duty
Operations, regarding Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Extension
of Deadline for Final Results of Antidumping Duty
New Shipper Reviews of Nam Phuong Seafood Co.,
Ltd. and NTACO Corporation, dated April 6, 2015.
PO 00000
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Fmt 4703
Sfmt 4703
1604.19.2100, 1604.19.3000,
1604.19.3100, 1604.19.4000,
1604.19.4100, 1604.19.5000,
1604.19.5100, 1604.19.6100 and
1604.19.8100 (Frozen Fish Fillets of the
species Pangasius including basa and
tra) of the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’).3
Although the HTSUS subheading is
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive.
For a full description of the scope, see
‘‘Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Issues
and Decision Memorandum for the
Final Results of New Shipper Review,’’
dated concurrently with this notice
(‘‘I&D Memo’’).
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the I&D Memo, which is hereby
adopted by this Notice.4 A list of the
issues which parties raised is attached
to this notice as an Appendix. The I&D
Memo is a public document and is on
file in the Central Records Unit
(‘‘CRU’’), Room B8024 of the main
Department of Commerce building, as
well as electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov and in the
CRU. In addition, a complete version of
the I&D Memo can be accessed directly
on the internet at https://trade.gov/
enforcement/frn/. The signed
I&D Memo and the electronic versions
of the I&D Memo are identical in
content.
Bona Fide Analysis
For the Preliminary Rescission, the
Department analyzed the bona fides of
3 Until July 1, 2004, these products were
classifiable under HTSUS 0304.20.6030 (Frozen
Catfish Fillets), 0304.20.6096 (Frozen Fish Fillets,
NESOI), 0304.20.6043 (Frozen Freshwater Fish
Fillets) and 0304.20.6057 (Frozen Sole Fillets).
Until February 1, 2007, these products were
classifiable under HTSUS 0304.20.6033 (Frozen
Fish Fillets of the species Pangasius, including basa
and tra). On March 2, 2011, the Department added
two HTSUS numbers at the request of U.S. Customs
and Border Protection (‘‘CBP’’): 1604.19.2000 and
1604 19.3000. On January 30, 2012, the Department
added eight HTSUS numbers at the request of CBP:
0304.62.0020, 0305.59.0000, 1604.19.2100,
1604.19.3100, 1604.19.4100, 1604.19.5100,
1604.19.6100 and 1604.19.8100.
4 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement & Compliance, from Gary
Taverman, Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Issues and Decision Memorandum for the Final
Results of Antidumping Duty New Shipper
Reviews: Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam,’’ dated June 19,
2015.
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Agencies
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 36968-36970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15891]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-023]
Certain Uncoated Paper From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain uncoated paper (uncoated paper) from
the People's Republic of China (PRC). The period of investigation is
January 1, 2014, through December 31, 2014. Interested parties are
invited to comment on this preliminary determination.
DATES: Effective Date: June 29, 2015.
FOR FURTHER INFORMATION CONTACT: Patricia Tran or Joy Zhang, Office
III, AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1503 and (202) 482-1168, respectively.
Alignment of Final Countervailing Duty (CVD) Determination With Final
Antidumping Duty (AD) Determination
On the same day that the Department initiated this CVD
investigation, the Department also initiated a CVD investigation of
uncoated paper from Indonesia and AD investigations of uncoated paper
from Australia, Brazil, the PRC, Indonesia, and Portugal.\1\ The AD and
CVD investigations cover the same merchandise. On June 17, 2015, in
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.210(b)(4)(i), Petitioners \2\ requested
alignment of the final CVD determination with the final AD
determination of uncoated paper from the PRC.\3\ Therefore, in
accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4)(i), we are aligning the final CVD determination with the
final AD determination. Consequently, the final CVD determination will
be issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than November 2, 2015, unless
postponed.
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\1\ See Certain Uncoated Paper From the People's Republic of
China and Indonesia: Initiation of Countervailing Duty
Investigations, 80 FR 8598 (February 18, 2015); and Certain Uncoated
Paper From Australia, Brazil, the People's Republic of China,
Indonesia, and Portugal: Initiation of Less-Than-Fair-Value
Investigations, 80 FR 8608 (February 18, 2015).
\2\ Petitioners are 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, Petitioners).
\3\ See Letter from Petitioners regarding ``Certain Uncoated
Paper from People's Republic of China: Request for Alignment'' (June
17, 2015).
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Scope of the Investigation
The product covered by this investigation is uncoated paper from
the PRC. For a complete description of the scope of the investigation,
see Appendix 1 to this notice.
Methodology
The Department is conducting this CVD investigation in accordance
with section 701 of the Act. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Issues and
Decision
[[Page 36969]]
Memorandum.\4\ The Preliminary 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 (ACCESS). ACCESS is available to registered users at
https://access.trade.gov and is available to all parties in the Central
Records Unit, room B8024 of the main Department of Commerce building.
In addition, a complete version of the Preliminary Issues and Decision
Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Issues and
Decision Memorandum and the electronic version of the Preliminary
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\4\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
regarding ``Decision Memorandum for the Preliminary Determination in
the Countervailing Duty Investigation of Certain Uncoated Ppaer from
the People's Republic of China,'' dated concurrently with this
notice (Preliminary Issues and Decision Memorandum).
---------------------------------------------------------------------------
For this preliminary determination, we have relied on facts
available for Sun Paper (Hong Kong) Co., Ltd. (Sun Paper HK) and
Shandong Sun Paper Industry Joint Stock Co., Ltd. (Shandong Sun Paper)
(collectively Sun Paper), and UPM Changshu (UPM), mandatory
respondents, because the companies did not act to the best of their
ability and respond to the Department's requests for information.
Further, we have drawn an adverse inference in selecting from among the
facts otherwise available to calculate the ad valorem rate for Sun
Paper and UPM.\5\ We have also relied on facts available, with adverse
inferences, with respect to certain information requested of the
Government of China. For further information, see ``Use of Facts
Otherwise Available and Adverse Inferences'' in the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 776(a) and (b) of the Act.
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The Department's analysis of program usage by Asia Symbol
(Guangdong) Omya Minerals Co., Ltd. (AS Omya), Asia Symbol (Shandong)
Pulp & Paper Co., and Greenpoint Global Trading (Macao Commercial
Offshore) Limted (Greenpoint) (collectively, the Asia Symbol
Companies), a mandatory respondent, is also contained in the
Preliminary Decision Memorandum.
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a CVD rate for each individually investigated producer/
exporter of the subject merchandise. For companies not individually
investigated, we calculated an all others rate as described below.
We preliminarily determine the estimated countervailable subsidy
rates to be:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Asia Symbol (Guangdong) Omya Minerals Co., Ltd. (AS 5.82
Omya), Asia Symbol (Shandong) Pulp & Paper Co., and
Greenpoint Global Trading (Macao Commercial Offshore)
Limted (Greenpoint) (collectively, the Asia Symbol
Companies).............................................
Sun Paper (Hong Kong) Co., Ltd. (Sun Paper HK) and 126.42
Shandong Sun Paper Industry Joint Stock Co., Ltd.
(Shandong Sun Paper) (collectively Sun Paper)..........
UPM Changshu (UPM)...................................... 126.42
All Others.............................................. 5.82
------------------------------------------------------------------------
We are directing U.S. Customs and Border Protection (CBP) to
suspend liquidation of all entries of uncoated paper from the PRC that
are entered, or withdrawn from warehouse, for consumption on or after
the date of the publication of this notice in the Federal Register, and
to require a cash deposit for such entries of the merchandise in the
amounts indicated above.
In accordance with sections 703(d) and 705(c)(5)(A)(i) of the Act,
for companies not investigated, we apply an estimated ``all-others''
rate equal to the weighted average countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero and de minimis countervailable subsidy rates, and
any rates determined entirely under section 776 of the Act. Thus,
pursuant to the statute, we set the all others rate equal to the net
subsidy rate of the Asia Symbol Companies.
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\6\
Interested parties may submit case and rebuttal briefs. For a schedule
of the deadlines for filing case briefs, rebuttal briefs, and hearing
requests, see the Preliminary Issues and Decision Memorandum.
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\6\ See 19 CFR 351.224(b).
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U.S. International Trade Commission (ITC) Notification
In accordance with section 703(f) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information relating to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order, without the written consent
of the Assistant Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: June 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix 1--Scope of the Investigation
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 \7\ of 85 or higher 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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\7\ 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.
[[Page 36970]]
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.
Appendix 2--List of Topics Discussed in the Preliminary Issues and
Decision Memorandum
I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Application of Countervailing Duty Law to Imports from the PRC
VIII. Subsidies Valuation
IX. Benchmark and Discount Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Conclusion
Appendix
[FR Doc. 2015-15891 Filed 6-26-15; 8:45 am]
BILLING CODE 3510-DS-P