Certain Uncoated Paper From Australia: Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination, 51783-51786 [2015-21170]
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
preliminary results 1 of a changed
circumstances review (CCR),
preliminarily determining to revoke the
antidumping duty (AD) Order 2 on
purified carboxymethylcellulose (CMC)
from Finland. We invited interested
parties to comment on the Preliminary
Results. We received no comments.
Thus, we make no changes to our
preliminary determination in these final
results of changed circumstances review
and hereby revoke the Order in toto.
DATES: Effective Date: August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho, or Robert James, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5075 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 2015, in accordance with
sections 751(b) and 751(d)(1) of the
Tariff Act of 1930, as amended (the Act),
19 CFR 351.216(b), 19 CFR
351.222(g)(1), and 19 CFR
351.221(c)(3)(ii), Ashland Specialty
Ingredients, G.P. (Ashland), the
petitioner and sole domestic producer of
CMC, requested revocation of the Order
with respect to Finland as part of an
expedited CCR. On June 8, 2015, CP
Kelco Oy and its U.S. affiliate, CP Kelco
U.S. Inc., (collectively, CP Kelco), the
sole manufacturer of CMC in Finland
and its affiliated U.S. importer,
requested that the Department grant
Ashland’s CCR request and revoke the
AD order on CMC from Finland, due to
the lack of interest in continuation of
the Order. On July 8, 2015, the
Department preliminarily determined to
revoke the Order and invited interested
parties to comment on the Preliminary
Results
We received no further comments
from interested parties.
rmajette on DSK7SPTVN1PROD with NOTICES
Scope of the Order
The merchandise covered by these
orders is all purified CMC, sometimes
also referred to as purified sodium CMC,
polyanionic cellulose, or cellulose gum,
which is a white to off-white, non-toxic,
odorless, biodegradable powder,
comprising sodium CMC that has been
1 See Purified Carboxymethylcellulose From
Finland: Initiation and Preliminary Results of
Changed Circumstances Review and Consideration
of Revocation of the Antidumping Duty Order, 80
FR 39058 (July 8, 2015) (Preliminary Results).
2 See Notice of Antidumping Duty Orders:
Purified Carboxymethylcellulose From Finland,
Mexico, the Netherlands and Sweden, 70 FR 39734
(July 11, 2005) (the Order).
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refined and purified to a minimum
assay of 90 percent. Purified CMC does
not include unpurified or crude CMC,
CMC Fluidized Polymer Suspensions,
and CMC that is cross-linked through
heat treatment. Purified CMC is CMC
that has undergone one or more
purification operations which, at a
minimum, reduce the remaining salt
and other by-product portion of the
product to less than ten percent.
The merchandise subject to this order
is classified in the Harmonized Tariff
Schedule of the United States at
subheading 3912.31.00. This tariff
classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the order is dispositive.
Final Results of Changed
Circumstances Review
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i) & (vi), provide that
the Department may revoke an order (in
whole or in part) on an expedited basis
if it determines that producers
accounting for substantially all of the
production of the domestic like product
have no further interest in the order, in
whole or in part. In accordance with 19
CFR 351.222(g)(1), we find that the
petitioner’s affirmative statement of no
interest constitutes good cause to
conduct this review. On June 8, 2015,
CP Kelco also filed a letter in support of
Ashland’s CCR request.
Ashland stated that, as the sole U.S.
producer of CMC, it accounts for
substantially all of the production of the
domestic like product. Ashland also
stated that it has no interest in the
continuation of the Order.3 Therefore, at
the request of Ashland and in
accordance with sections 751(b)(1) and
751(d)(1) of the Act, 19 CFR 351.216, 19
CFR 351.222(g)(1)(i) & (vi), we are
revoking the Order on CMC from
Finland. As stated in the Preliminary
Results, the revocation will be effective
July 1, 2014, which is the first day of the
most recent period not subject to
administrative review.
Termination of Suspension of
Liquidation
Because we determine that there are
changed circumstances that warrant the
revocation of the Order, we will instruct
U.S. Customs and Border Protection to
terminate the suspension of liquidation
of the merchandise subject to this order
entered, or withdrawn from warehouse,
on or after July 1, 2014 and to release
any cash deposit or bond on all
unliquidated entries of the merchandise
3 See Ashland’s May 15, 2015 submission to the
Department.
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51783
covered by the revocation that are not
covered by the final results of an
administrative review or automatic
liquidation. Entries of subject
merchandise prior to the effective date
of revocation will continue to be subject
to suspension of liquidation and AD
deposit requirements.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the return/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 sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these
final results and notice in accordance
with sections 751(b)(1) and 777(i)(1) of
the Act and 19 CFR 351.216,
351.221(c)(3), and 351.222(g)(vii).
Dated: August 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–21046 Filed 8–25–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–807]
Certain Uncoated Paper From
Australia: Preliminary Determination of
Sales at Less Than Fair Value,
Negative Preliminary Determination of
Critical Circumstances, and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) preliminarily determines
that certain uncoated paper from
Australia is being, or is likely to be, sold
in the United States at less than fair
value (LTFV), as provided in section
733(b) of the Tariff Act of 1930, as
amended (the Act). The period of
investigation (POI) is January 1, 2014,
through December 31, 2014. The
estimated weighted-average dumping
margins of sales at LTFV are shown in
the ‘‘Preliminary Determination’’
section of this notice. Interested parties
AGENCY:
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
discussion of those comments, see the
Preliminary Decision Memorandum.3
are invited to comment on this
preliminary determination.
DATES:
Effective Date: August 26, 2015.
Eve
Wang or George McMahon, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6231 or (202) 482–
1167, respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice
of initiation of this investigation on
February 18, 2015.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision Memorandum
that is dated concurrently with this
determination and hereby adopted by
this notice.2 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 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 found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is uncoated paper from
Australia. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I of this notice.
Postponement of Deadline for
Preliminary Determination
On May 15, 2015, the Petitioners 4
made a timely request for a 50-day
postponement of the preliminary
determination in this investigation
pursuant to section 733(c)(1)(A) of the
Act and 19 CFR 351.205(e).5 On June 1,
2015, we postponed the preliminary
determination by 50 days, to August 19,
2015.6
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. There is one respondent
in this investigation, Paper Australia
Pty. Ltd. (Australian Paper). Constructed
export price and export price for this
company are calculated in accordance
with section 772 of the Act. Normal
value (NV) is calculated in accordance
with section 773 of the Act. For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.
All-Others Rate
Consistent with sections
733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an
estimated all-others rate. Section
735(c)(5)(A) of the Act provides that the
estimated all-others rate shall be an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero and de
minimis margins, and any margins
determined entirely under section 776
of the Act.
Australian Paper is the only
respondent for which the Department
has calculated a company-specific rate.
Therefore, for purposes of determining
the ‘‘all others’’ rate and pursuant to
section 735(c)(5)(A) of the Act, we are
Scope Comments
rmajette on DSK7SPTVN1PROD with NOTICES
Certain interested parties commented
on the scope of the investigation as it
appeared in the Initiation Notice. For
1 See 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)
(Initiation Notice).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Decision Memorandum for
the Preliminary Determination in the Antidumping
Duty Investigation of Certain Uncoated Paper from
Australia’’ (Preliminary Decision Memorandum),
dated concurrently with this notice.
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Jkt 235001
3 See also Memorandum from Erin Begnal,
Director, Office III, to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated August 3, 2015.
4 The Petitioners in this proceeding 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, the
Petitioners).
5 See the Petitioners’ letter to the Department
dated May 15, 2015.
6 See Certain Uncoated Paper from Australia,
Brazil, the People’s Republic of China, Indonesia,
and Portugal: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 80 FR 31017 (June 1, 2015).
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using the dumping margin calculated
for Australian Paper, as referenced in
the ‘‘Preliminary Determination’’
section below.
Negative Preliminary Determinations of
Critical Circumstances
On July 15, 2015, the Petitioners filed
timely a critical circumstances
allegation, pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(c),
alleging that critical circumstances exist
with respect to imports of the
merchandise under consideration from
Australia.7 In accordance with 19 CFR
351.206(c)(2)(i), when a critical
circumstances allegation is submitted
more than 20 days before the scheduled
date of the preliminary determination,
the Department must issue a
preliminary finding whether there is a
reasonable basis to believe or suspect
that critical circumstances exist no later
than the date of the preliminary
determination. We conducted analyses
of critical circumstances for Australian
Paper in accordance with section 733(e)
of the Act and 19 CFR 351.206, and
preliminarily determined that: (1)
Importers of uncoated paper from
Australian Paper knew or should have
known that the exporter was selling the
merchandise under consideration at
LTFV and that there was likely to be
material injury in accordance with
section 733(e)(1)(A)(ii) of the Act; and
(2) imports of the subject merchandise
from these companies have not been
massive over a relatively short period in
accordance with section 733(e)(1)(B) of
the Act. Further, for the companies
subject to the ‘‘all others’’ rate, it is the
Department’s normal practice to
conduct its critical circumstances
analysis for these companies based on
the experience of investigated
companies.8 Accordingly, we find that
the critical circumstances determination
for Australian Paper should also be
applied to all others, given that
Australian Paper is the only known,
identified producer in the petition and
the initiation.9 For a full description of
7 See the letter from the petitioners entitled,
‘‘Certain Uncoated Paper from Australia—
Allegation of Critical Circumstances,’’ dated July
15, 2015.
8 See, e.g., Sodium Metal from France: Notice of
Final Determination of Sales at Less Than Fair
Value and Negative Critical Circumstances, 73 FR
62252, 62254 (October 20, 2008); Notice of Final
Determination of Sales at Less Than Fair Value and
Negative Critical Circumstances Determination:
Bottom Mount Combination Refrigerator-Freezers
From the Republic of Korea, 77 FR 17413, 17415–
416 (March 26, 2012).
9 See Initiation Notice, 80 FR at 8614; see also
Volume II of the Petitions, at II–1—II–2 at footnote
1, and Exhibit II–3;Volume V of the Petitions, at V–
1 through V–2 and Exhibit V–1; Volume VI of the
Petitions, at Exhibits VI–1 and VI–2.
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
of publication of this notice in
accordance with 19 CFR 351.224(b).
the methodology and results of our
analysis, see the Preliminary Decision
Memorandum.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
Public Comment
Interested parties are invited to
Exporter/manufacturer
comment on this preliminary
determination. Case briefs or other
written comments may be submitted to
Paper Australia Pty. Ltd. ............
40.65 the Assistant Secretary for Enforcement
All Others ....................................
40.65 and Compliance no later than seven
days after the date on which the final
verification report is issued in this
Suspension of Liquidation
proceeding, and rebuttal briefs, limited
In accordance with section 733(d)(2)
to issues raised in case briefs, may be
of the Act, we are directing U.S.
submitted no later than five days after
Customs and Border Protection (CBP) to
the deadline date for case briefs.12
suspend liquidation of all entries of
Pursuant to 19 CFR 351.309(c)(2) and
certain uncoated paper from Australia,
(d)(2), parties who submit case briefs or
as described in Appendix I of this
rebuttal briefs in this proceeding are
notice, for Australian Paper and the
encouraged to submit with each
companies covered by the all others rate
argument: (1) A statement of the issue;
which are entered, or withdrawn from
(2) a brief summary of the argument;
warehouse, for consumption on or after
and (3) a table of authorities.
the date of publication of this notice in
Pursuant to 19 CFR 351.310(c),
the Federal Register. However, because
interested parties who wish to request a
we have preliminarily found that
hearing must submit a written request to
critical circumstances do not exist with
the Assistant Secretary for Enforcement
regard to Australia, we will not instruct
and Compliance, U.S. Department of
CBP to suspend liquidation of covered
Commerce. All documents must be filed
entries from those companies entered,
electronically using ACCESS. An
or withdrawn from warehouse for
electronically-filed request must be
consumption up to 90 days prior to the
received successfully in its entirety by
date of publication of this notice in the
ACCESS by 5:00 p.m. Eastern Standard
Federal Register.10
Time, within 30 days after the date of
Pursuant to section 733(d) of the Act
publication of this notice.13 Requests
and 19 CFR 351.205(d), we will instruct
should contain the party’s name,
11 equal to
CBP to require cash deposits
address, and telephone number, the
the dumping margins, as indicated in
number of participants, and a list of the
the chart above, as follows: (1) The rate
issues to be discussed. If a request for
for the mandatory respondents listed
a hearing is made, the Department
above will be the respondent-specific
intends to hold the hearing at the U.S.
rate we determined in this preliminary
Department of Commerce, 14th Street
determination; (2) if the exporter is not
and Constitution Avenue NW.,
a mandatory respondent identified
Washington, DC 20230, at a time and
above, but the producer is, the rate will
date to be determined. Parties should
be the specific rate established for the
confirm by telephone the date, time, and
producer of the subject merchandise;
location of the hearing two days before
and (3) the rate for all other producers
the scheduled date.
or exporters will be the all others rate.
Postponement of Final Determination
These suspension of liquidation
and Extension of Provisional Measures
instructions will remain in effect until
further notice.
Section 735(a)(2) of the Act provides
that a final determination may be
Disclosure
postponed until not later than 135 days
We will disclose the calculations
after the date of the publication of the
performed to interested parties in this
preliminary determination if, in the
proceeding within five days of the date
event of an affirmative preliminary
determination, a request for such
10 See section 733(e)(2) of the Act.
postponement is made by exporters who
11 See Modification of Regulations Regarding the
account for a significant proportion of
Practice of Accepting Bonds During the Provisional
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Weightedaverage
dumping
margin
(percent)
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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14:29 Aug 25, 2015
Jkt 235001
12 See
13 See
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19 CFR 351.309.
19 CFR 351.310(c).
Frm 00021
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51785
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
19 CFR 351.210(e)(2) requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
Australian Paper requested that, in
the event of an affirmative preliminary
determination in this investigation, the
Department postpone its final
determination by 60 days (i.e., to 135
days after publication of the preliminary
determination) pursuant to section
735(a)(2)(A) and 19 CFR
351.210(b)(2)(ii), and agreed to extend
the application of the provisional
measures prescribed under section
733(d) of the Act and 19 CFR
351.210(e)(2), from a four-month period
to a period not to exceed six months.14
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and (e)(2), because (1)
our preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.15
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we are notifying the ITC of our
affirmative preliminary determination of
sales at LTFV. Because the preliminary
determination in this proceeding is
affirmative, section 735(b)(2) of the Act
requires that the ITC make its final
determination whether the domestic
industry in the United States is
materially injured, or threatened with
material injury, by reason of imports of
uncoated paper from Australia before
the later of 120 days after the date of this
preliminary determination or 45 days
after our final determination. Because
we are postponing the deadline for our
final determination to 135 days from the
date of publication of this preliminary
14 See letter from Australian Paper entitled,
‘‘Certain Uncoated Paper from Australia:
Respondents’ Comments on the Extension of Final
Determination,’’ dated August 11, 2015.
15 See also 19 CFR 351.210(e).
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determination, as discussed above, the
ITC will make its final determination no
later than 45 days after our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: August 19, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
rmajette on DSK7SPTVN1PROD with NOTICES
The merchandise covered by the
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 ground wood
paper produced from bleached chemithermo-mechanical pulp (BCTMP) that meets
this scope definition; and (c) any other
uncoated paper that meets this scope
definition regardless of the type of pulp used
to produce the paper.
Specifically excluded from the scope are
(1) paper printed with final content of
printed text or graphics and (2) lined paper
products, typically school supplies,
composed of paper that incorporates straight
horizontal and/or vertical lines that would
make the paper unsuitable for copying or
printing purposes.
Imports of the subject merchandise are
provided for under Harmonized Tariff
Schedule of the United States (HTSUS)
categories 4802.56.1000, 4802.56.2000,
4802.56.3000, 4802.56.4000, 4802.56.6000,
4802.56.7020, 4802.56.7040, 4802.57.1000,
4802.57.2000, 4802.57.3000, and
4802.57.4000. Some imports of subject
merchandise may also be classified under
4802.62.1000, 4802.62.2000, 4802.62.3000,
4802.62.5000, 4802.62.6020, 4802.62.6040,
4802.69.1000, 4802.69.2000, 4802.69.3000,
4811.90.8050 and 4811.90.9080. While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
investigation is dispositive.
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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14:29 Aug 25, 2015
Jkt 235001
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
301–427–8134 or email: roger.b.griffis@
noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope Comments
VI. Discussion of the Methodology
a. Determination of the Comparison
Method
b. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Constructed Export Price
X. Normal Value
a. Home Market Viability
b. Level of Trade
c. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
d. Calculation of NV Based on Comparison
Market Prices
XI. Currency Conversion
XII. Critical Circumstances
Summary of Report
Climate-related changes in ocean and
coastal ecosystems such as warming
oceans, rising seas, loss of sea ice, ocean
acidification and coastal droughts are
impacting the nation’s valuable living
marine resources and the many people,
businesses and communities that
depend on them. These changes are
expected to increase with continued
changes in the planet’s climate and
ocean system affecting jobs, impacting
economies and disrupting traditional
ways of life. There is much at risk. For
example, in the United States ocean
related commercial and recreational
fisheries generate approximately $200
billion in sales and support 1.7 million
jobs each year.1 These current and
future climate-related changes also
affect the information, tools and actions
needed to fulfill the NOAA National
Marine Fisheries Service (NOAA
Fisheries) stewardship mandates for
marine resources and the communities
that depend on them.
The NOAA Fisheries Climate Science
Strategy (Strategy) is part of a proactive
approach to increase the production,
delivery, and use of climate-related
information needed to fulfill the
agency’s mandates in a changing
climate, including the MagnusonStevens Act, Endangered Species Act,
Marine Mammal Protection Act,
National Environmental Policy Act and
others. The Strategy responds to
growing demands and directives for
information and tools to prepare for and
respond to climate impacts on marine
and coastal resources, including the
National Fish Wildlife and Plants
Climate Adaptation Strategy (https://
wildlifeadaptationstrategy.gov/). It
provides a nationally consistent
blueprint to address the following seven
science objectives:
1. Identify appropriate, climateinformed reference points for managing
living marine resources.
2. Identify robust strategies for
managing living marine resources under
changing climate conditions.
3. Design adaptive decision processes
that can incorporate and respond to
changing climate conditions.
4. Identify future states of marine and
coastal ecosystems, living marine
resources, and resource-dependent
human communities in a changing
climate.
[FR Doc. 2015–21170 Filed 8–25–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE142
NOAA Fisheries Climate Science
Strategy
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
NMFS is releasing the final
NOAA Fisheries Climate Science
Strategy (Strategy). The full Strategy, a
Strategy Highlights document and
additional information may be found at:
https://www.st.nmfs.noaa.gov/
ecosystems/climate/.
ADDRESSES: To obtain copies of the
Strategy please go to: https://
www.st.nmfs.noaa.gov/ecosystems/
climate/ or contact Roger Griffis,
Climate Change Coordinator, NMFS
Office of Science and Technology,
Silver Spring, MD 20910 (phone: 301–
427–8134, email: roger.b.griffis@
noaa.gov).
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Additional information may be found at
https://www.st.nmfs.noaa.gov/
ecosystems/climate or contacting Roger
Griffis, Climate Change Coordinator,
NMFS Office of Science and
Technology, Silver Spring, MD 20910,
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
1 ‘‘Fisheries Economics of the U.S.’’ NOAA Office
of Science and Technology, https://
www.st.nmfs.noaa.gov/economics/publications/
feus/fisheries_economics_2012.
E:\FR\FM\26AUN1.SGM
26AUN1
]]>Agencies
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51783-51786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21170]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-807]
Certain Uncoated Paper From Australia: Preliminary Determination
of Sales at Less Than Fair Value, Negative Preliminary Determination of
Critical Circumstances, and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that certain uncoated paper from Australia is being, or is
likely to be, sold in the United States at less than fair value (LTFV),
as provided in section 733(b) of the Tariff Act of 1930, as amended
(the Act). The period of investigation (POI) is January 1, 2014,
through December 31, 2014. The estimated weighted-average dumping
margins of sales at LTFV are shown in the ``Preliminary Determination''
section of this notice. Interested parties
[[Page 51784]]
are invited to comment on this preliminary determination.
DATES: Effective Date: August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Eve Wang or George McMahon, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6231 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on February 18, 2015.\1\ For a complete description of
the events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum that is dated concurrently with this
determination and hereby adopted by this notice.\2\ 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 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 found at https://enforcement.trade.gov/frn/. The
signed Preliminary Decision Memorandum and the electronic version of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See 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)
(Initiation Notice).
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
entitled ``Decision Memorandum for the Preliminary Determination in
the Antidumping Duty Investigation of Certain Uncoated Paper from
Australia'' (Preliminary Decision Memorandum), dated concurrently
with this notice.
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Scope of the Investigation
The product covered by this investigation is uncoated paper from
Australia. For a full description of the scope of this investigation,
see the ``Scope of the Investigation,'' in Appendix I of this notice.
Scope Comments
Certain interested parties commented on the scope of the
investigation as it appeared in the Initiation Notice. For discussion
of those comments, see the Preliminary Decision Memorandum.\3\
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\3\ See also Memorandum from Erin Begnal, Director, Office III,
to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement
and Compliance, entitled ``Scope Comments Decision Memorandum for
the Preliminary Determinations,'' dated August 3, 2015.
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Postponement of Deadline for Preliminary Determination
On May 15, 2015, the Petitioners \4\ made a timely request for a
50-day postponement of the preliminary determination in this
investigation pursuant to section 733(c)(1)(A) of the Act and 19 CFR
351.205(e).\5\ On June 1, 2015, we postponed the preliminary
determination by 50 days, to August 19, 2015.\6\
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\4\ The Petitioners in this proceeding 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, the Petitioners).
\5\ See the Petitioners' letter to the Department dated May 15,
2015.
\6\ See Certain Uncoated Paper from Australia, Brazil, the
People's Republic of China, Indonesia, and Portugal: Postponement of
Preliminary Determinations of Antidumping Duty Investigations, 80 FR
31017 (June 1, 2015).
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Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. There is one respondent in this investigation,
Paper Australia Pty. Ltd. (Australian Paper). Constructed export price
and export price for this company are calculated in accordance with
section 772 of the Act. Normal value (NV) is calculated in accordance
with section 773 of the Act. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.
All-Others Rate
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an estimated all-others rate. Section
735(c)(5)(A) of the Act provides that the estimated all-others rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act.
Australian Paper is the only respondent for which the Department
has calculated a company-specific rate. Therefore, for purposes of
determining the ``all others'' rate and pursuant to section
735(c)(5)(A) of the Act, we are using the dumping margin calculated for
Australian Paper, as referenced in the ``Preliminary Determination''
section below.
Negative Preliminary Determinations of Critical Circumstances
On July 15, 2015, the Petitioners filed timely a critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration from
Australia.\7\ In accordance with 19 CFR 351.206(c)(2)(i), when a
critical circumstances allegation is submitted more than 20 days before
the scheduled date of the preliminary determination, the Department
must issue a preliminary finding whether there is a reasonable basis to
believe or suspect that critical circumstances exist no later than the
date of the preliminary determination. We conducted analyses of
critical circumstances for Australian Paper in accordance with section
733(e) of the Act and 19 CFR 351.206, and preliminarily determined
that: (1) Importers of uncoated paper from Australian Paper knew or
should have known that the exporter was selling the merchandise under
consideration at LTFV and that there was likely to be material injury
in accordance with section 733(e)(1)(A)(ii) of the Act; and (2) imports
of the subject merchandise from these companies have not been massive
over a relatively short period in accordance with section 733(e)(1)(B)
of the Act. Further, for the companies subject to the ``all others''
rate, it is the Department's normal practice to conduct its critical
circumstances analysis for these companies based on the experience of
investigated companies.\8\ Accordingly, we find that the critical
circumstances determination for Australian Paper should also be applied
to all others, given that Australian Paper is the only known,
identified producer in the petition and the initiation.\9\ For a full
description of
[[Page 51785]]
the methodology and results of our analysis, see the Preliminary
Decision Memorandum.
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\7\ See the letter from the petitioners entitled, ``Certain
Uncoated Paper from Australia--Allegation of Critical
Circumstances,'' dated July 15, 2015.
\8\ See, e.g., Sodium Metal from France: Notice of Final
Determination of Sales at Less Than Fair Value and Negative Critical
Circumstances, 73 FR 62252, 62254 (October 20, 2008); Notice of
Final Determination of Sales at Less Than Fair Value and Negative
Critical Circumstances Determination: Bottom Mount Combination
Refrigerator-Freezers From the Republic of Korea, 77 FR 17413,
17415-416 (March 26, 2012).
\9\ See Initiation Notice, 80 FR at 8614; see also Volume II of
the Petitions, at II-1--II-2 at footnote 1, and Exhibit II-3;Volume
V of the Petitions, at V-1 through V-2 and Exhibit V-1; Volume VI of
the Petitions, at Exhibits VI-1 and VI-2.
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Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Paper Australia Pty. Ltd.................................... 40.65
All Others.................................................. 40.65
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(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 Australia, as described in
Appendix I of this notice, for Australian Paper and the companies
covered by the all others rate which are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. However, because we have preliminarily
found that critical circumstances do not exist with regard to
Australia, we will not instruct CBP to suspend liquidation of covered
entries from those companies entered, or withdrawn from warehouse for
consumption up to 90 days prior to the date of publication of this
notice in the Federal Register.\10\
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\10\ See section 733(e)(2) of the Act.
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Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we
will instruct CBP to require cash deposits \11\ equal to the dumping
margins, as indicated in the chart above, as follows: (1) The rate for
the mandatory respondents listed above will be the respondent-specific
rate we determined in this preliminary determination; (2) if the
exporter is not a mandatory respondent identified above, but the
producer is, the rate will be the specific rate established for the
producer of the subject merchandise; and (3) the rate for all other
producers or exporters will be the all others rate. These suspension of
liquidation instructions will remain in effect until further notice.
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\11\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Disclosure
We will disclose the calculations performed to interested parties
in this proceeding within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Public Comment
Interested parties are invited to comment on this preliminary
determination. Case briefs or other written comments may be submitted
to the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the final verification report is
issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\12\ See 19 CFR 351.309.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Standard Time, within 30 days
after the date of publication of this notice.\13\ Requests should
contain the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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\13\ See 19 CFR 351.310(c).
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Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. 19 CFR 351.210(e)(2) requires that requests by
respondents for postponement of a final antidumping determination be
accompanied by a request for extension of provisional measures from a
four-month period to a period not more than six months in duration.
Australian Paper requested that, in the event of an affirmative
preliminary determination in this investigation, the Department
postpone its final determination by 60 days (i.e., to 135 days after
publication of the preliminary determination) pursuant to section
735(a)(2)(A) and 19 CFR 351.210(b)(2)(ii), and agreed to extend the
application of the provisional measures prescribed under section 733(d)
of the Act and 19 CFR 351.210(e)(2), from a four-month period to a
period not to exceed six months.\14\
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\14\ See letter from Australian Paper entitled, ``Certain
Uncoated Paper from Australia: Respondents' Comments on the
Extension of Final Determination,'' dated August 11, 2015.
---------------------------------------------------------------------------
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and (e)(2), because (1) our preliminary determination
is affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\15\
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\15\ See also 19 CFR 351.210(e).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we are notifying the
ITC of our affirmative preliminary determination of sales at LTFV.
Because the preliminary determination in this proceeding is
affirmative, section 735(b)(2) of the Act requires that the ITC make
its final determination whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of uncoated paper from Australia before the later of
120 days after the date of this preliminary determination or 45 days
after our final determination. Because we are postponing the deadline
for our final determination to 135 days from the date of publication of
this preliminary
[[Page 51786]]
determination, as discussed above, the ITC will make its final
determination no later than 45 days after our final determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 19, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by the 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 ground wood 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 II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope Comments
VI. Discussion of the Methodology
a. Determination of the Comparison Method
b. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Constructed Export Price
X. Normal Value
a. Home Market Viability
b. Level of Trade
c. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
d. Calculation of NV Based on Comparison Market Prices
XI. Currency Conversion
XII. Critical Circumstances
[FR Doc. 2015-21170 Filed 8-25-15; 8:45 am]
BILLING CODE 3510-DS-P
