Certain Uncoated Paper From Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 36971-36973 [2015-15901]
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Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices
Nam Phuong’s and NTACO’s sales and
preliminarily found them to be nonbona fide.5 Based on the Department’s
complete analysis of all the information
and comments on the record of this
review, the Department continues to
find their sales to be non-bona fide.
With respect to both Nam Phuong and
NTACO, the Department reached this
conclusion based on the totality of
circumstances, namely: (a) The atypical
nature of their prices; (b) the atypical
involvement of other entities in the sale;
(c) atypical circumstances surrounding
production; (d) late payment; and (e)
lack of profit on the resale of subject
merchandise.6 For a complete
discussion, see the I&D Memo and each
company’s Final Bona Fide
Memorandum.7
Rescission of New Shipper Review
For the foregoing reasons, the
Department finds that Nam Phuong’s
and NTACO’s sales are non-bona fide
and that these sales do not provide a
reasonable or reliable basis for
calculating a dumping margin. Because
these non-bona fide sales were the only
sales of subject merchandise during the
POR, the Department is rescinding this
NSR pursuant to section 19 CFR
351.214(f).
mstockstill on DSK4VPTVN1PROD with NOTICES
Cash Deposit Rates
The following cash deposit
requirements continue to apply for all
shipment of subject merchandise from
Nam Phuong and NTACO entered, or
withdrawn from warehouse: (1) For
subject merchandise produced and
exported by Nam Phuong or NTACO,
the cash deposit rate will continue to be
5 See ‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty New Shipper Review:
Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam’’ from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated January 20,
2015 (‘‘Preliminary Decision Memorandum’’), and
hereby adopted by this notice.
6 See I&D Memo.
7 See Memorandum to James Doyle, Director,
Office V, Antidumping and Countervailing Duty
Operations, through Scot T. Fullerton, Program
Manager, Office V, Antidumping and
Countervailing Duty Operations, from Matthew
Renkey, Senior International Trade Analyst ‘‘New
Shipper Review of Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Final Analysis
for the Bona Fide Nature of Nam Phuong Seafood
Co., Ltd.’s Sale,’’ dated June 19, 2015; see also
Memorandum to James Doyle, Director, Office V,
Antidumping and Countervailing Duty Operations,
through Scot T. Fullerton, Program Manager, Office
V, Antidumping and Countervailing Duty
Operations, from Susan Pulongbarit, Senior
International Trade Analyst ‘‘New Shipper Review
of Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Analysis for the Bona
Fide Nature of NTACO Corporations’s Sale,’’ dated
June 19, 2015.
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17:13 Jun 26, 2015
Jkt 235001
the Vietnam-wide rate (i.e., 2.39 U.S.
Dollars/kg); (2) for subject merchandise
exported by Nam Phuong or NTACO but
not manufactured by Nam Phuong or
NTACO, the cash deposit rate will
continue to be the Vietnam-wide rate
(i.e., 2.39 U.S. Dollars/kg); and (3) for
subject merchandise manufactured by
Nam Phuong or NTACO, but exported
by any other party, the cash deposit rate
will be the rate applicable to the
exporter. These cash deposit
requirements shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to Administrative
Protective Order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in these segments 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.
We are issuing and publishing this
notice in accordance with sections
751(a)(2)(B) and 777(i) of the Tariff Act
of 1930, as amended, and 19 CFR
351.214.
Dated: June 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Commerce’s Bona Fide Analysis
for Nam Phuong and NTACO
Comment 2: Surrogate Country Selection
Recommendation
[FR Doc. 2015–15894 Filed 6–26–15; 8:45 am]
36971
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–829]
Certain Uncoated Paper From
Indonesia: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Determination
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/or exporters of certain
uncoated paper from Indonesia. 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:
David Goldberger or Kate Johnson,
Office II, 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)
482–4136 and (202) 482–4929,
respectively.
AGENCY:
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 certain uncoated paper
from the People’s Republic of China
(PRC) and AD investigations of certain
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), the
petitioners 2 requested alignment of the
final CVD determination with the final
AD determination of certain uncoated
BILLING CODE 3510–DS–P
PO 00000
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 The 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.
Frm 00011
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36972
Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices
paper from Indonesia.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
The product covered by this
investigation is certain uncoated paper
from Indonesia. For a complete
description of the scope of the
investigation, see Appendix 1 to this
notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
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 Decision
Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
2 to this notice. The Preliminary
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
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
For this preliminary determination,
we relied on facts available pursuant to
section 776(a) of the Act because certain
companies selected for individual
examination—Great Champ Trading
3 See Letter from the petitioners regarding
‘‘Petitioners’ Request for Alignment of
Countervailing Duty Investigation Final
Determination Deadline with Antidumping
Investigation Final Determination Deadline’’ (June
17, 2015).
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 Affirmative Countervailing Duty
Determination in the Countervailing Duty
Investigation of Certain Uncoated Paper from
Indonesia,’’ dated concurrently with this notice
(Preliminary Decision Memorandum).
VerDate Sep<11>2014
17:13 Jun 26, 2015
Jkt 235001
Limited (Great Champ), Indah Kiat Pulp
& Paper TBK (IK), and Pabrik Kertas
Tjiwi Kimia (TK)—failed to provide
information requested by the
Department within the deadlines
established and, by refusing to
participate as respondents, significantly
impeded the investigation.5 In addition,
the Government of Indonesia (GOI) did
not provide requested information with
respect to certain programs upon which
we initiated an investigation, thereby
also resulting in the Department’s
reliance on facts otherwise available,
pursuant to section 776(a). Because the
GOI did not provide the information
requested for certain programs, with
respect to those programs, we drew an
adverse inference that these programs
provide a financial contribution and are
specific, pursuant to sections 771(5)(D)
and 771(5A) of the Act. Because Great
Champ, IK, and TK failed to cooperate
by not acting to the best of their ability
to respond to the Department’s requests
for necessary information, pursuant to
section 776(b) of the Act, in selecting
from among the facts otherwise
available, we drew an adverse inference
that these programs confer a benefit.
Therefore, the Department applied an
adverse inference in its calculation of
the ad valorem estimated
countervailable subsidy rate for Great
Champ, IK, and TK. For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ section 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. In accordance
with sections 703(d) and 705(c)(5)(A)(i)
of the Act, for companies not
individually investigated, we apply an
‘‘all-others’’ rate equal to the weightedaverage 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.
Therefore, we used the rate calculated
for our sole cooperating respondent as
the all-others rate.
We preliminarily determine the
countervailable subsidy rates to be:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Company
APRIL Fine Paper Macao
Commercial Offshore Limited, PT Anugrah Kertas
Utama, PT Riau Andalan
Kertas, PT Intiguna
Primatama, PT Riau
Andalan Pulp & Paper, PT
Esensindo Cipta
Cemerlang .........................
Great Champ Trading Limited ....................................
Indah Kiat Pulp & Paper
TBK, Pabrik Kertas Tjiwi
Kimia .................................
All Others ..............................
Subsidy rate
(percent)
43.19
125.97
6 131.12
43.19
Inaccordance with sections
703(d)(1)(B) and (d)(2) of the Act, we are
directing U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of certain uncoated paper
from Indonesia 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 merchandise in the
amounts indicated above.
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondent 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.7
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 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
5 See
sections 776(a)(2)(A)(B), and (C) of the Act.
are also assigning to PT Pindo Deli Pulp and
Paper Mills the rate assigned to IK and TK. For
further discussion, see the Memorandum to the
File, ‘‘Cross-Ownership: Countervailing Duty
Investigation of Uncoated Paper from Indonesia,’’
dated concurrently with this notice.
7 See 19 CFR 351.224(b).
6 We
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Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices
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.
Dated: June 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix 1—Scope of the Investigation
mstockstill on DSK4VPTVN1PROD with NOTICES
The merchandise covered by this
investigation 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
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
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.
VerDate Sep<11>2014
17:13 Jun 26, 2015
Jkt 235001
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
investigation is dispositive.
Appendix 2—List of Topics Discussed
in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Alignment
4. Scope Comments
5. Scope of the Investigation
6. Injury Test
7. Use of Facts Otherwise Available and
Adverse Inference
8. Subsidies Valuation
9. Analysis of Programs
10. ITC Notification
11. Disclosure and Public Comment
12. Verification
13. Conclusion
[FR Doc. 2015–15901 Filed 6–26–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–007]
Barium Chloride From the People’s
Republic of China: Final Results of
Expedited Fourth Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On May 1, 2015, the
Department of Commerce (the
‘‘Department’’) initiated the fourth fiveyear (‘‘sunset’’) review of the
antidumping duty order on barium
chloride from the People’s Republic of
China (‘‘PRC’’) pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the ‘‘Act’’).1 As a result of this
sunset review, the Department finds that
revocation of the antidumping duty
order on barium chloride from the PRC
would be likely to lead to continuation
or recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
SUMMARY:
DATES:
Effective Date: June 29, 2015.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, 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)
482–6905.
SUPPLEMENTARY INFORMATION:
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
FR 24900 (May 1, 2015).
PO 00000
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Fmt 4703
Sfmt 4703
36973
Background
On June 1, 2015, the Department
received an adequate substantive
response from domestic interested party
Chemical Products Corporation
(‘‘Petitioner’’) within the deadline
specified in 19 CFR 351.218(d)(3)(i).2
We received no responses from
respondent interested parties. As a
result, the Department conducted an
expedited (120-day) sunset review of the
order, pursuant to section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2).
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the ‘‘Issues and
Decision Memorandum for the
Expedited Fourth Sunset Review of the
Antidumping Duty Order on Barium
Chloride from the People’s Republic of
China’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated
concurrently with, and hereby adopted
by, this notice (‘‘Decision
Memorandum’’). The issues discussed
in the Decision Memorandum include
the likelihood of continuation or
recurrence of dumping and the
magnitude of the margins likely to
prevail if the order were to be revoked.
Parties may find a complete discussion
of all issues raised in the review and the
corresponding recommendations in this
public memorandum which is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (‘‘ACCESS’’).
Access to 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 Decision
Memorandum is available directly on
the Web at https://
enforcement.trade.gov/frn/.
The signed Decision Memorandum and
the electronic versions of the Decision
Memorandum are identical in content.
Scope of the Order
The merchandise covered by the order
is barium chloride, a chemical
compound having the formulas BaCl2 or
BaCl2–2H2O, currently classifiable
under item number 2827.39.45.00 of the
2 See Petitioner’s June 1, 2015, submission, re;
‘‘Substantive Response to the Notice of Initiation of
Five-Year Review of Chemical Products
Corporation.’’
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]]>Agencies
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 36971-36973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15901]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-829]
Certain Uncoated Paper From Indonesia: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final Determination
With Final Antidumping 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/or exporters of certain uncoated paper from Indonesia.
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: David Goldberger or Kate Johnson,
Office II, 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-
4136 and (202) 482-4929, 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
certain uncoated paper from the People's Republic of China (PRC) and AD
investigations of certain 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), the petitioners \2\ requested alignment of the final
CVD determination with the final AD determination of certain uncoated
[[Page 36972]]
paper from Indonesia.\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.
---------------------------------------------------------------------------
\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\ The 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.
\3\ See Letter from the petitioners regarding ``Petitioners'
Request for Alignment of Countervailing Duty Investigation Final
Determination Deadline with Antidumping Investigation Final
Determination Deadline'' (June 17, 2015).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is certain uncoated paper
from Indonesia. 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 Decision
Memorandum.\4\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix 2 to this notice. The Preliminary
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 Decision Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary 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 Affirmative
Countervailing Duty Determination in the Countervailing Duty
Investigation of Certain Uncoated Paper from Indonesia,'' dated
concurrently with this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
For this preliminary determination, we relied on facts available
pursuant to section 776(a) of the Act because certain companies
selected for individual examination--Great Champ Trading Limited (Great
Champ), Indah Kiat Pulp & Paper TBK (IK), and Pabrik Kertas Tjiwi Kimia
(TK)--failed to provide information requested by the Department within
the deadlines established and, by refusing to participate as
respondents, significantly impeded the investigation.5 In
addition, the Government of Indonesia (GOI) did not provide requested
information with respect to certain programs upon which we initiated an
investigation, thereby also resulting in the Department's reliance on
facts otherwise available, pursuant to section 776(a). Because the GOI
did not provide the information requested for certain programs, with
respect to those programs, we drew an adverse inference that these
programs provide a financial contribution and are specific, pursuant to
sections 771(5)(D) and 771(5A) of the Act. Because Great Champ, IK, and
TK failed to cooperate by not acting to the best of their ability to
respond to the Department's requests for necessary information,
pursuant to section 776(b) of the Act, in selecting from among the
facts otherwise available, we drew an adverse inference that these
programs confer a benefit. Therefore, the Department applied an adverse
inference in its calculation of the ad valorem estimated
countervailable subsidy rate for Great Champ, IK, and TK. For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' section 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. In accordance with sections 703(d)
and 705(c)(5)(A)(i) of the Act, for companies not individually
investigated, we apply an ``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. Therefore, we used the rate calculated for our
sole cooperating respondent as the all-others rate.
We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
APRIL Fine Paper Macao Commercial Offshore Limited, PT 43.19
Anugrah Kertas Utama, PT Riau Andalan Kertas, PT
Intiguna Primatama, PT Riau Andalan Pulp & Paper, PT
Esensindo Cipta Cemerlang..............................
Great Champ Trading Limited............................. 125.97
Indah Kiat Pulp & Paper TBK, Pabrik Kertas Tjiwi Kimia.. \6\ 131.12
All Others.............................................. 43.19
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In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we
are directing U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of certain uncoated paper from Indonesia
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 merchandise
in the amounts indicated above.
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\5\ See sections 776(a)(2)(A)(B), and (C) of the Act.
\6\ We are also assigning to PT Pindo Deli Pulp and Paper Mills
the rate assigned to IK and TK. For further discussion, see the
Memorandum to the File, ``Cross-Ownership: Countervailing Duty
Investigation of Uncoated Paper from Indonesia,'' dated concurrently
with this notice.
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Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondent 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.\7\
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 Decision Memorandum.
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\7\ 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
[[Page 36973]]
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.
Dated: June 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix 1--Scope of the Investigation
The merchandise covered by this investigation 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 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 investigation is dispositive.
Appendix 2--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Alignment
4. Scope Comments
5. Scope of the Investigation
6. Injury Test
7. Use of Facts Otherwise Available and Adverse Inference
8. Subsidies Valuation
9. Analysis of Programs
10. ITC Notification
11. Disclosure and Public Comment
12. Verification
13. Conclusion
[FR Doc. 2015-15901 Filed 6-26-15; 8:45 am]
BILLING CODE 3510-DS-P
