Certain Uncoated Paper From Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 36971-36973 [2015-15901]

Download as PDF 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deposit requirements continue to apply for all shipment of subject merchandise from Nam Phuong and NTACO entered, or withdrawn from warehouse: (1) For subject merchandise produced and exported by Nam Phuong or NTACO, the cash deposit rate will continue to be 5 See ‘‘Decision Memorandum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. VerDate Sep<11>2014 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 Fmt 4703 Sfmt 4703 E:\FR\FM\29JNN1.SGM 29JNN1 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 http:// 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 http:// enforcement.trade.gov/frn/index.html. 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 E:\FR\FM\29JNN1.SGM 29JNN1 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 Frm 00013 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 http:// 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 http:// enforcement.trade.gov/frn/index.html. 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.’’ E:\FR\FM\29JNN1.SGM 29JNN1

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 http://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 http://enforcement.trade.gov/frn/index.html. 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
------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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