Certain Uncoated Paper From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 51768-51771 [2015-21173]
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51768
Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
ongoing Geographic Partnership
Programs (GPPs) and surveys. In
addition, the improvement of boundary
quality is an essential element of the
Census Bureau’s commitment as the
responsible agency for legal boundaries
under the Office of Management and
Budget (OMB) Circular A–16. The goal
of BQARP is to establish a new, accurate
baseline for boundaries within an entire
state or county, which the BAS would
then continue the collection of
annexations and de-annexations on a
transaction basis as they occur over
time. The estimated work burden for
participation is 25 hours per participant.
Research Projects
BAS continues to work to improve the
survey based on feedback received from
local governments. The Census Bureau
plans to conduct two research projects
during 2016. The first research project is
for BAS form redesign for potential use
for the 2017 BAS Forms. The second
research project is to test an option for
local governments to provide a list of
addresses associated with an annexation
to continue to improve data quality in
MAF/TIGER. Participation is voluntary
for these research projects. The
estimated work burden for participation
is 3 hours per participant.
rmajette on DSK7SPTVN1PROD with NOTICES
III. Data
OMB Control Number: 0607–0151.
Form Number: BAS 1, BAS 2, BAS 3,
BAS 5, BAS 6, BASSC–1, BASSC–2,
BASSC–3, and BASSC–4.
Type of Review: Regular submission.
Affected Public: All active,
functioning counties or statistically
equivalent entities, incorporated places
(including consolidated cities), MCDs,
all federally recognized AIRs and
ORTLs entities in the United States, and
municipios, barrios and subbarrios in
Puerto Rico.
Estimated Number of Respondents:
Annual Response Notification:
39,400.
No Change Response: 25,000.
Telephone Follow-up: 14,000.
Packages with Changes: 5,000.
State Certification Review: 49.
State Certification Local Review:
1,000.
Boundary Quality Assessment
Reconciliation Project: 16.
Redistricting Data Program
Reconciliation State Review: 50.
Redistricting Data Program
Reconciliation Local Review: 2,000.
Research Projects: 40.
Estimated Total Number of
Respondents: 86,555.
Estimated Time per Response:
Annual Response Notification: 30
minutes.
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No Change Response: 4 hours.
Telephone Follow-up: 30 minutes.
Packages with Changes: 8 hours.
State Certification Review: 10 hours.
State Certification Local Review: 2
hours.
Boundary Quality Assessment
Reconciliation Project: 25 hours.
Redistricting Data Program
Reconciliation State Review: 20 hours.
Redistricting Data Program
Reconciliation Local Review: 2 hours.
Research Projects: 3 hours.
Estimated Total Burden Hours per
Year:
Annual Response Notification:
19,700.
No Change Response: 100,000.
Telephone Follow-up: 7,000.
Packages with Changes: 40,000.
State Certification Review: 490.
State Certification Local Review:
2,000.
Boundary Quality Assessment
Reconciliation Project: 400.
Redistricting Data Program
Reconciliation State Review: 1,000.
Redistricting Data Program
Reconciliation Local Review: 4,000.
Research Projects: 120.
Estimated Total Burden Hours:
174,710.
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C.
Section 6.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Summarization of comments
submitted in response to this notice will
be included in the request for OMB
approval of this information collection.
Comments will also become a matter of
public record.
Dated: August 21, 2015.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2015–21106 Filed 8–25–15; 8:45 am]
BILLING CODE 3510–07–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–022]
Certain Uncoated Paper From the
People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value 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 (uncoated
paper) from the People’s Republic of
China (PRC) 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 July 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
are invited to comment on this
preliminary determination.
DATES: Effective date: August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore or Paul Stolz, 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) 482–3692 or (202) 482–
4474, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published a 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 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
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
Indonesia’’ (Preliminary Decision Memorandum),
dated concurrently with this notice.
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
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 the
PRC. 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
Postponement of Deadline for
Preliminary Determination
On May 15, 2015, the petitioners 4
made timely requests 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 mandatory
respondent participating in this
investigation, Asia Symbol (Guangdong)
Paper Co., Ltd., (AS Guangdong),
Greenpoint Global Trading (Macao
Commercial Offshore) Ltd.,
(Greenpoint), and Asia Symbol
(Shandong) Pulp & Paper Co., Ltd. (AS
Shandong (collectively, Asia Symbol).
Export price for this company is
calculated in accordance with section
772 of the Act. Because the PRC is a
nonmarket economy within the meaning
of section 771(18) of the Act, normal
value (NV) has been calculated in
accordance with section 773(c).
Specifically, the Department
preliminarily selected South Africa as
the surrogate country, which is at the
same level of economic development as
the PRC and is a significant producer of
comparable merchandise. Thus, we
calculated NV using South African
prices, when available, to value the
respondent’s factors of production
(FOPs). For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
Because mandatory respondents
Shandong Sun Paper Industry Joint
Stock Co., Inc. (Sun Paper), and UPM
(China) Co., Ltd. (UPM) failed to
respond to the Department’s
questionnaire, we preliminarily
determine to apply adverse facts
available (AFA) to these respondents, in
accordance with sections 776(a) and (b)
of the Act and 19 CFR 351.308. As a part
of the application of AFA, we are
treating these mandatory respondents as
part of the PRC-wide entity. Further,
because the PRC-wide entity also failed
to cooperate to the best of its ability in
complying with our requests for
information,7 we determined an
estimated weighted-average dumping
margin based on adverse facts available
for the PRC-wide entity, which includes
the mandatory respondents. For further
discussion, see the Preliminary Decision
Memorandum.
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Greenpoint Global Trading (Macao Commercial Offshore) Ltd ..
Asia Symbol (Guangdong) Paper Co., Ltd.; and Asia Symbol
(Shandong) Pulp & Paper Co., Ltd.
....................................................................................................
PRC-Wide Entity .........................................................................
51769
97.48
193.30
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As detailed in the Preliminary
Decision Memorandum, Sun Paper and
UPM did not demonstrate that they are
entitled to a separate rate. Accordingly,
we consider Sun Paper and UPM to be
part of the PRC-Wide Entity. Further,
because the Department did not receive
a Q&V response from the following
companies, the PRC-wide entity also
includes: (1) Shandong Tralin; (2) MCC
Paper; (3) Shandong Chenming; (4)
Shandong Huatai; and (5) Shandong
Taishan.
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
uncoated paper from the PRC, as
described in Appendix I of this notice,
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register.
In accordance with 19 CFR
351.205(d), we will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
NV exceeds U.S. price, as indicated in
the chart above, adjusted for export
3 See also Memorandum from Erin Begnal,
Director, Office III, to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, entitled
‘‘Scope Comments Decision Memorandum for the
Preliminary Determination of the Above-Captioned
Investigations,’’ dated concurrently with this notice.
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.
5 See the petitioners’ letters to the Department
dated May 15, 2015 and May 18, 2015.
6 See Certain Uncoated Paper from Australia,
Brazil, the People’s Republic of China, Indonesia,
and Portugal: Postponment of Preliminary
Determinations of Antidumping Duty
Investigations, 80 FR 31017 (June 1, 2015).
7 Specifically, the Department did not receive
responses to its quantity and value questionnaire
(Q&V) from the following companies: Shandong
Tralin Paper Group (Shandong Tralin); MCC Paper
Group (MCC Paper); Shandong Chenming Paper
Holdings (Shandong Chenming); Shandong Huatai
Paper Industry Shareholding Co., Ltd. (Shandong
Huatai); and Shandong Taishan Paper Group
(Shandong Taishan). See Memorandum to the File,
‘‘Antidumping Duty Investigation of Uncoated
Paper from the People’s Republic of China: FedExUPS Delivery Confirmations (Updated),’’ dated
March 25, 2015.
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
subsidies found in the preliminary
determination of the companion
countervailing duty investigation.8
Therefore, for cash deposit purposes, we
are subtracting from the applicable cash
deposit rate that portion of the
countervailing duty rate attributable to
the export subsidies found in the
preliminary affirmative countervailing
duty determination. Accordingly, the
export subsidy offsets are as follows:
0.13 percent for Asia Symbol, and 0.13
percent for PRC-wide entity.9 After this
adjustment, the resulting cash deposit
rates will be 97.35 percent for Asia
Symbol,and 193.17 percent for the PRCwide entity.
Further, pursuant to section 733(d) of
the Act and 19 CFR 351.205(d), we will
instruct CBP to require cash deposits10
equal to the weighted-average amount
by which NV exceeds U.S. price,
adjusted where appropriate for export
subsidies, as follows: (1) The cashdeposit rate for the exporter/producer
combination listed above will be the
dumping margin that the Department
determined in this preliminary
determination; (2) for all combinations
of PRC exporters/producers of
merchandise under consideration that
have not received their own separate
rate above, the cash-deposit rate will be
equal to the dumping margin
established for the PRC-wide entity; and
(3) for all non-PRC exporters of
merchandise under consideration which
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate applicable to the
PRC exporter/producer combination
that supplied that non-PRC exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
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We intend to 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).
8 See Certain Uncoated Paper From the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping
Determination, 80 FR 36968 (June 29, 2015), and
accompanying Preliminary Decision Memorandum.
9 See Memorandum to the File from Stephanie
Moore, Case Analyst, entitled, ‘‘Placing Information
on the Record: Export Subsidies Calculated in the
Preliminary Determination of the Countervailing
Duty Investigation of Certain Uncoated Paper from
the People’s Republic of China,’’dated concurrently
with this notice.
10 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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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.11
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.
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
normally be filed electronically using
ACCESS. An electronically-filed request
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the
date of publication of this notice. 12
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.
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
11 See
12 See
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19 CFR 351.309.
19 CFR 351.310(c).
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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.
Asia Symbol 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), 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.13 In addition, the
petitioners also requested that, in the
event of a negative preliminary
determination, the Department postpone
its final determination to 135 days after
the date of publication of the
preliminary determination.14
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), 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 have notified the ITC of our
affirmative preliminary determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
13 See letter from Asia Symbol titled, ‘‘Certain
Uncoated Paper From the People’s Republic of
China: Request to Postpone Final Determination,’’
dated July 31, 2015.
14 See letter from the petitioners entitled, ‘‘Certain
Uncoated Paper From the People’s Republic of
China: Request For Postponement of The Final
Determination,’’ dated July 31, 2015.
15 See also 19 CFR 351.210(e).
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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 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 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
investigations is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
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I. Summary
II. Background
III. Selection of Respondents
IV. Period of Investigation
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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V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Scope Comments
VII. Scope of the Investigation
VIII. Affiliation Determination
IX. Discussion of Methodology
A. Non-Market Economy
B. Separate Rates
C. Surrogate Country and Surrogate Value
Data
D. Surrogate Country
E. Economic Compatibility
F. Significant Producer of Comparable
Merchandise
G. Data Availability
H. Date of Sale
I. Fair Value Comparisons
a. Determination of the Comparison
Method
b. Results of the Differential Pricing
Analysis
J. Export Price
K. Value-Added Tax
L. Normal Value
M. Factor Valuation Methodology
X. Currency Conversion
XI. Application Of Facts Available And
Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available with an
Adverse Inference
C. Corroboration of the AFA Rate
XII. Adjustment Under Section 777a(F) Of
The Act
XIII. Verification
XIV. U.S. International Trade Commission
Notification
XV. Disclosure And Public Comment
XVI. Conclusion
[FR Doc. 2015–21173 Filed 8–25–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–828]
Certain Uncoated Paper From
Indonesia: Preliminary Determination
of Sales at Less Than Fair Value 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
Indonesia 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
are invited to comment on this
preliminary determination.
AGENCY:
PO 00000
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DATES:
51771
Effective date: August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse or Shannon Morrison,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6345 or (202) 482–6274,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this
investigation on February 10, 2015.1 For
a complete description of the events that
followed the initiation of this
investigation, see the 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
Indonesia. 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
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
Indonesia’’ (Preliminary Decision Memorandum),
dated concurrently with this notice.
3 See also Memorandum from Erin Begnal,
Director, Office III, to Ronald K. Lorentzen, Acting
E:\FR\FM\26AUN1.SGM
Continued
26AUN1
]]>Agencies
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51768-51771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21173]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-022]
Certain Uncoated Paper From the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value 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 (uncoated paper) from the
People's Republic of China (PRC) 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 July 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 are invited to comment on this preliminary
determination.
DATES: Effective date: August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Paul Stolz, 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) 482-3692
or (202) 482-4474, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published a 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
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
[[Page 51769]]
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.
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\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
Indonesia'' (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
the PRC. 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 Paul Piquado, Assistant Secretary for Enforcement and Compliance,
entitled ``Scope Comments Decision Memorandum for the Preliminary
Determination of the Above-Captioned Investigations,'' dated
concurrently with this notice.
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Postponement of Deadline for Preliminary Determination
On May 15, 2015, the petitioners \4\ made timely requests 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.
\5\ See the petitioners' letters to the Department dated May 15,
2015 and May 18, 2015.
\6\ See Certain Uncoated Paper from Australia, Brazil, the
People's Republic of China, Indonesia, and Portugal: Postponment 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 mandatory respondent participating
in this investigation, Asia Symbol (Guangdong) Paper Co., Ltd., (AS
Guangdong), Greenpoint Global Trading (Macao Commercial Offshore) Ltd.,
(Greenpoint), and Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS
Shandong (collectively, Asia Symbol). Export price for this company is
calculated in accordance with section 772 of the Act. Because the PRC
is a nonmarket economy within the meaning of section 771(18) of the
Act, normal value (NV) has been calculated in accordance with section
773(c). Specifically, the Department preliminarily selected South
Africa as the surrogate country, which is at the same level of economic
development as the PRC and is a significant producer of comparable
merchandise. Thus, we calculated NV using South African prices, when
available, to value the respondent's factors of production (FOPs). For
a full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum.
Because mandatory respondents Shandong Sun Paper Industry Joint
Stock Co., Inc. (Sun Paper), and UPM (China) Co., Ltd. (UPM) failed to
respond to the Department's questionnaire, we preliminarily determine
to apply adverse facts available (AFA) to these respondents, in
accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308.
As a part of the application of AFA, we are treating these mandatory
respondents as part of the PRC-wide entity. Further, because the PRC-
wide entity also failed to cooperate to the best of its ability in
complying with our requests for information,\7\ we determined an
estimated weighted-average dumping margin based on adverse facts
available for the PRC-wide entity, which includes the mandatory
respondents. For further discussion, see the Preliminary Decision
Memorandum.
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\7\ Specifically, the Department did not receive responses to
its quantity and value questionnaire (Q&V) from the following
companies: Shandong Tralin Paper Group (Shandong Tralin); MCC Paper
Group (MCC Paper); Shandong Chenming Paper Holdings (Shandong
Chenming); Shandong Huatai Paper Industry Shareholding Co., Ltd.
(Shandong Huatai); and Shandong Taishan Paper Group (Shandong
Taishan). See Memorandum to the File, ``Antidumping Duty
Investigation of Uncoated Paper from the People's Republic of China:
FedEx-UPS Delivery Confirmations (Updated),'' dated March 25, 2015.
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Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation. Policy Bulletin 05.1 describes
this practice.
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Greenpoint Global Trading Asia Symbol (Guangdong) 97.48
(Macao Commercial Offshore) Paper Co., Ltd.; and
Ltd. Asia Symbol (Shandong)
Pulp & Paper Co., Ltd.
PRC-Wide Entity................ ....................... 193.30
------------------------------------------------------------------------
As detailed in the Preliminary Decision Memorandum, Sun Paper and
UPM did not demonstrate that they are entitled to a separate rate.
Accordingly, we consider Sun Paper and UPM to be part of the PRC-Wide
Entity. Further, because the Department did not receive a Q&V response
from the following companies, the PRC-wide entity also includes: (1)
Shandong Tralin; (2) MCC Paper; (3) Shandong Chenming; (4) Shandong
Huatai; and (5) Shandong Taishan.
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 uncoated paper from the PRC, as described in Appendix I of
this notice, entered, or withdrawn from warehouse, for consumption on
or after the date of publication of this notice in the Federal
Register.
In accordance with 19 CFR 351.205(d), we will instruct CBP to
require a cash deposit equal to the weighted-average amount by which
the NV exceeds U.S. price, as indicated in the chart above, adjusted
for export
[[Page 51770]]
subsidies found in the preliminary determination of the companion
countervailing duty investigation.\8\ Therefore, for cash deposit
purposes, we are subtracting from the applicable cash deposit rate that
portion of the countervailing duty rate attributable to the export
subsidies found in the preliminary affirmative countervailing duty
determination. Accordingly, the export subsidy offsets are as follows:
0.13 percent for Asia Symbol, and 0.13 percent for PRC-wide entity.\9\
After this adjustment, the resulting cash deposit rates will be 97.35
percent for Asia Symbol,and 193.17 percent for the PRC-wide entity.
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\8\ See Certain Uncoated Paper From the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping
Determination, 80 FR 36968 (June 29, 2015), and accompanying
Preliminary Decision Memorandum.
\9\ See Memorandum to the File from Stephanie Moore, Case
Analyst, entitled, ``Placing Information on the Record: Export
Subsidies Calculated in the Preliminary Determination of the
Countervailing Duty Investigation of Certain Uncoated Paper from the
People's Republic of China,''dated concurrently with this notice.
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Further, pursuant to section 733(d) of the Act and 19 CFR
351.205(d), we will instruct CBP to require cash deposits\10\ equal to
the weighted-average amount by which NV exceeds U.S. price, adjusted
where appropriate for export subsidies, as follows: (1) The cash-
deposit rate for the exporter/producer combination listed above will be
the dumping margin that the Department determined in this preliminary
determination; (2) for all combinations of PRC exporters/producers of
merchandise under consideration that have not received their own
separate rate above, the cash-deposit rate will be equal to the dumping
margin established for the PRC-wide entity; and (3) for all non-PRC
exporters of merchandise under consideration which have not received
their own separate rate above, the cash-deposit rate will be the cash
deposit rate applicable to the PRC exporter/producer combination that
supplied that non-PRC exporter. These suspension of liquidation
instructions will remain in effect until further notice.
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\10\ 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 intend to 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.\11\ 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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\11\ 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 normally be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of publication of this notice. \12\
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\12\ See 19 CFR 351.310(c).
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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.
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.
Asia Symbol 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), 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.\13\ In addition, the petitioners also
requested that, in the event of a negative preliminary determination,
the Department postpone its final determination to 135 days after the
date of publication of the preliminary determination.\14\
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\13\ See letter from Asia Symbol titled, ``Certain Uncoated
Paper From the People's Republic of China: Request to Postpone Final
Determination,'' dated July 31, 2015.
\14\ See letter from the petitioners entitled, ``Certain
Uncoated Paper From the People's Republic of China: Request For
Postponement of The Final Determination,'' dated July 31, 2015.
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In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), 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 have notified the
ITC of our affirmative preliminary determination of sales at LTFV. If
our final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections
[[Page 51771]]
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 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 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 investigations is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Selection of Respondents
IV. Period of Investigation
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Scope Comments
VII. Scope of the Investigation
VIII. Affiliation Determination
IX. Discussion of Methodology
A. Non-Market Economy
B. Separate Rates
C. Surrogate Country and Surrogate Value Data
D. Surrogate Country
E. Economic Compatibility
F. Significant Producer of Comparable Merchandise
G. Data Availability
H. Date of Sale
I. Fair Value Comparisons
a. Determination of the Comparison Method
b. Results of the Differential Pricing Analysis
J. Export Price
K. Value-Added Tax
L. Normal Value
M. Factor Valuation Methodology
X. Currency Conversion
XI. Application Of Facts Available And Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available with an Adverse Inference
C. Corroboration of the AFA Rate
XII. Adjustment Under Section 777a(F) Of The Act
XIII. Verification
XIV. U.S. International Trade Commission Notification
XV. Disclosure And Public Comment
XVI. Conclusion
[FR Doc. 2015-21173 Filed 8-25-15; 8:45 am]
BILLING CODE 3510-DS-P
