Certain Uncoated Paper From Indonesia: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 51771-51774 [2015-21180]

Download as PDF Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices 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 rmajette on DSK7SPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 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 Frm 00007 Fmt 4703 Sfmt 4703 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 http://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 51772 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices Postponement of Deadline for Preliminary Determinations 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 mandatory respondent participating in this investigation, April Fine Paper Macao Limited/PT Anugerah Kertas Utama/PT Riau Andalan Kertas (collectively, APRIL). Export price for this company is 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. rmajette on DSK7SPTVN1PROD with NOTICES Adverse Facts Available Because mandatory respondents Great Champ Trading Limited (Great Champ), Indah Kiat Pulp & Paper TBK (IK), and Pabrik Kertas Tjiwi Kimia (TK) 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. Moreover, the Department is collapsing IK and TK, along with an additional affiliated paper producer PT. Pindo Deli Pulp and Paper Mills because we find that these companies meet the criteria set forth in 19 CFR 351.401(f). Therefore, we are assigning these companies a single AFA rate—under the name APP/SMG—for purposes of the preliminary determination. For further discussion, see the Preliminary Decision Memorandum. 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. 5 See The petitioners’ Letter to the Department, ‘‘Certain Uncoated Paper From Indonesia: Request For Postponement Of The Preliminary Determination, 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). VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 countervailing duty investigation.7 Specifically, consistent with our longstanding practice, where the product under investigation is also subject to a concurrent countervailing duty investigation, we instruct CBP to require a cash deposit equal to the amount by which the NV exceeds the U.S. price, as indicated below, less the amount of the countervailing duty determined to constitute an export subsidy.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: 29.36 percent for Great Champ and APP/SMG; and 0.00 percent for all others.9 After this adjustment, the Preliminary Determination resulting cash deposit rates will be 22.39 percent for Great Champ and The Department preliminarily determines that the following weighted- APP/SMG. average dumping margins exist: Further, pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we will Weightedinstruct CBP to require cash deposits 10 average equal to the above-noted rates, adjusted Exporter/manufacturer dumping as appropriate for export subsidies, as margin follows: (1) The rate for the mandatory (percent) respondents listed above will be the Great Champ Trading Limrespondent-specific rate we determined ited .................................... 51.75 in this preliminary determination; (2) if Indah Kiat Pulp & Paper the exporter is not a mandatory TBK/Pabrik Kertas Tjiwi Kimia/PT ............................ 51.75 respondent identified above, but the producer is, the rate will be the specific Pindo Deli Pulp and Paper rate established for the producer of the Mills (APP/SMG) subject merchandise; and (3) the rate for April Fine Paper Macao Limited/PT Anugerah Kertas all other producers or exporters will be Utama/PT Riau Andalan the all others rate. These suspension of Kertas (APRIL) .................. 0.00 liquidation instructions will remain in All Others .............................. 34.50 effect until further notice. 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)(B) of the Act provides that where all rates are zero, de minimis or based on total facts available, the Department may use ‘‘any reasonable method’’ to establish the rate for nonselected respondents. In this investigation, we calculated a company-specific rate for the only cooperative mandatory respondent, APRIL, that is zero. Therefore, and pursuant to section 735(c)(5)(B) of the Act, we preliminary determine that it is reasonable to calculate the all-others rate based on a simple average of the zero margin and the margins based on AFA. 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 Indonesia, as described in Appendix I of this notice, for all companies other than APRIL which are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. For APRIL, because its estimated weightedaverage preliminary dumping margin is zero, we are not directing CBP to suspend liquidation of APRIL’s entries. 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 subsidies found in the preliminary determination of the companion PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Disclosure We will disclose the calculations performed to interested parties in this proceeding within five days of the date 7 See Certain Uncoated Paper from Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 80 FR 36971 (June 29, 2015), and accompanying Preliminary Decision Memorandum (CVD Investigation Uncoated Paper from Indonesia). 8 See, e.g., Notice of Final Determination of Sales at Less Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR 67306, 67307 (November 17, 2004); and 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 (March 26, 2012). 9 See CVD Investigation Uncoated Paper from Indonesia. 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). E:\FR\FM\26AUN1.SGM 26AUN1 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices 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. rmajette on DSK7SPTVN1PROD with NOTICES 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 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.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 11 See 19 CFR 351.309. VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 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. APRIL 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 in accordance with 19 CFR 351.210(b)(c)(i).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 exporter accounts 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. 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 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). 13 Id. 14 See Letter from the petitioners, entitled, ‘‘Certain Uncoated Paper from Indonesia— Petitioners’ Comments on the Extension of the Final Determination,’’ dated July 31, 2015. 15 See also 19 CFR 351.210(e). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 51773 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 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 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. E:\FR\FM\26AUN1.SGM 26AUN1 51774 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices V. Scope Comments VI. Affiliation Determinations VII. Discussion of Methodology a. Determination of the Comparison Method b. Results of the Differential Pricing Analysis VIII. Date of Sale IX. Product Comparisons X. Export Price XI. Duty Drawback XII. 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 XIII. Application of Facts Available and Use of Adverse Inference a. Use of Facts Available b. Application of Facts Available with an Adverse Inference c. Selection and Corroboration of Adverse Facts Available (AFA) Rate XIV. Critical Circumstances XV. Currency Conversion [FR Doc. 2015–21180 Filed 8–25–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–008] Calcium Hypochlorite From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective date August 26, 2015. SUMMARY: The Department of Commerce (‘‘the Department’’) has received a timely request for a new shipper review (‘‘NSR’’) of the antidumping duty (‘‘AD’’) order on calcium hypochlorite from the People’s Republic of China (‘‘PRC’’). The Department has determined that the request meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for this NSR is July 25, 2014, through June 30, 2015. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202– 482–6905. SUPPLEMENTARY INFORMATION: rmajette on DSK7SPTVN1PROD with NOTICES AGENCY: Background The AD order on calcium hypochlorite was published in the VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 Federal Register on January 30, 2015.1 On July 20, 2015, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(b), the Department received a NSR request from Haixing Jingmei Chemical Products Sales Co., Ltd. (‘‘Haixing Jingmei’’).2 Haixing Jingmei certified that it is the exporter of the subject merchandise upon which the request is based and that its affiliate, Haixing Eno Chemical Co., Ltd., is the producer of the subject merchandise.3 Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b)(2)(ii), Haixing Jingmei certified that it did not export subject merchandise to the United States during the period of investigation (‘‘POI’’).4 Further, Haixing Eno Chemical Co., Ltd. certified that it is the producer of the subject merchandise upon which the request is based. In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Haixing Jingmei certified that, since the initiation of the investigation, it has never been affiliated with any PRC exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the investigation.5 As required by 19 CFR 351.214(b)(2)(iii)(B), Haixing Jingmei also certified that its export activities were not controlled by the government of the PRC.6 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Haixing Jingmei submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment and subsequent shipments; and (3) the date of its first sale to an unaffiliated customer in the United States.7 Finally, the Department conducted a U.S. Customs and Border Protection (‘‘CBP’’) database query and confirmed the price, quantity, date of sale, and date of entry of Haixing Jingmei’s sales.8 1 See Calcium Hypochlorite From the People’s Republic of China: Antidumping Duty Order, 80 FR 5085 (January 30, 2015) (‘‘Order’’). 2 See Letter from Haixing Jingmei, ‘‘Entry of Appearance and Corrected Request for New Shipper Review: Calcium Hypochlorite from the People’s Republic of China,’’ dated July 20, 2015 (‘‘NSR Request’’). 3 Id., at 2–3 and Exhibit 1. 4 Id. 5 Id. 6 Id. 7 Id., at 3 and Exhibit 2; see also Letter from Haixing Jingmei, ‘‘Calcium Hypochlorite from the People’s Republic of China: Response to PreInitiation Question,’’ dated July 24, 2015. 8 The Department will place the results of the completed CBP database query along with Haixing PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 19 CFR 351.214(d)(1), and based on the evidence provided by Haixing Jingmei, we find that its request meets the threshold requirements for initiation of the NSR for shipments of calcium hypochlorite from the PRC produced by Haixing Eno Chemical Co., Ltd. and exported by Haixing Jingmei.9 The POR is July 25, 2014, through June 30, 2015.10 If the information supplied by Haixing Jingmei is found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review for Haixing Jingmei or apply facts available pursuant to section 776 of the Act, depending on the facts on record. Absent a determination that the new shipper review is extraordinarily complicated, the Department intends to issue the preliminary results of this NSR within 180 days from the date of initiation and the final results within 90 days after the date on which the preliminary results are issued.11 It is the Department’s usual practice, in cases involving non-market economies (‘‘NMEs’’), to require that a company seeking to establish eligibility for an antidumping duty rate separate from the NME entity-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Haixing Jingmei that will include a section requesting information concerning its eligibility for a separate rate. The NSR will proceed if the responses provide sufficient indication that Haixing Jingmei is not subject to either de jure or de facto government control with respect to its exports of subject merchandise. We will instruct CBP to allow, at the option of the importer, the posting, until the completion of this review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from the requesting companies in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Haixing Jingmei certified that its affiliate Haixing Eno Chemical Co., Ltd. produced the subject merchandise which Haixing Jingmei exported, the Jingmei’s entry documents on the record after the publication of this notice. 9 See ‘‘Memorandum to the File, from Irene Gorelik, Senior Analyst, ‘‘Calcium Hypochlorite from the People’s Republic of China: New Shipper Initiation Checklist,’’ dated concurrently with this notice and herein incorporated by reference. 10 See 19 CFR 351.214(g)(1)(ii)(B). 11 See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). E:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51771-51774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21180]


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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

AGENCY: 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.

DATES: 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 http://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 
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\
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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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[[Page 51772]]

Postponement of Deadline for Preliminary Determinations

    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.
    \5\ See The petitioners' Letter to the Department, ``Certain 
Uncoated Paper From Indonesia: Request For Postponement Of The 
Preliminary Determination, 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 mandatory respondent participating 
in this investigation, April Fine Paper Macao Limited/PT Anugerah 
Kertas Utama/PT Riau Andalan Kertas (collectively, APRIL). Export price 
for this company is 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.

Adverse Facts Available

    Because mandatory respondents Great Champ Trading Limited (Great 
Champ), Indah Kiat Pulp & Paper TBK (IK), and Pabrik Kertas Tjiwi Kimia 
(TK) 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. Moreover, the Department is collapsing IK and TK, along 
with an additional affiliated paper producer PT. Pindo Deli Pulp and 
Paper Mills because we find that these companies meet the criteria set 
forth in 19 CFR 351.401(f). Therefore, we are assigning these companies 
a single AFA rate--under the name APP/SMG--for purposes of the 
preliminary determination. For further discussion, 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)(B) of the Act provides that where all rates are zero, de 
minimis or based on total facts available, the Department may use ``any 
reasonable method'' to establish the rate for non-selected respondents.
    In this investigation, we calculated a company-specific rate for 
the only cooperative mandatory respondent, APRIL, that is zero. 
Therefore, and pursuant to section 735(c)(5)(B) of the Act, we 
preliminary determine that it is reasonable to calculate the all-others 
rate based on a simple average of the zero margin and the margins based 
on AFA.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/manufacturer                   dumping margin
                                                             (percent)
------------------------------------------------------------------------
Great Champ Trading Limited.............................           51.75
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT           51.75
Pindo Deli Pulp and Paper Mills (APP/SMG)
April Fine Paper Macao Limited/PT Anugerah Kertas Utama/            0.00
 PT Riau Andalan Kertas (APRIL).........................
All Others..............................................           34.50
------------------------------------------------------------------------

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 Indonesia, as described in 
Appendix I of this notice, for all companies other than APRIL which are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this notice in the Federal Register. For APRIL, 
because its estimated weighted-average preliminary dumping margin is 
zero, we are not directing CBP to suspend liquidation of APRIL's 
entries.
    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 subsidies found in the preliminary determination of the 
companion countervailing duty investigation.\7\ Specifically, 
consistent with our longstanding practice, where the product under 
investigation is also subject to a concurrent countervailing duty 
investigation, we instruct CBP to require a cash deposit equal to the 
amount by which the NV exceeds the U.S. price, as indicated below, less 
the amount of the countervailing duty determined to constitute an 
export subsidy.\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: 29.36 percent 
for Great Champ and APP/SMG; and 0.00 percent for all others.\9\ After 
this adjustment, the resulting cash deposit rates will be 22.39 percent 
for Great Champ and APP/SMG.
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    \7\ See Certain Uncoated Paper from Indonesia: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Determination, 80 FR 36971 
(June 29, 2015), and accompanying Preliminary Decision Memorandum 
(CVD Investigation Uncoated Paper from Indonesia).
    \8\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR 
67306, 67307 (November 17, 2004); and 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 (March 26, 2012).
    \9\ See CVD Investigation Uncoated Paper from Indonesia.
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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 above-noted rates, adjusted as appropriate for export subsidies, 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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    \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 will disclose the calculations performed to interested parties 
in this proceeding within five days of the date

[[Page 51773]]

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 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.\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 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.
    APRIL 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 in accordance with 19 CFR 
351.210(b)(c)(i).\14\
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    \13\ Id.
    \14\ See Letter from the petitioners, entitled, ``Certain 
Uncoated Paper from Indonesia--Petitioners' Comments on the 
Extension 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 exporter accounts 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. 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 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 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

[[Page 51774]]

V. Scope Comments
VI. Affiliation Determinations
VII. Discussion of Methodology
    a. Determination of the Comparison Method
    b. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price
XI. Duty Drawback
XII. 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
XIII. Application of Facts Available and Use of Adverse Inference
    a. Use of Facts Available
    b. Application of Facts Available with an Adverse Inference
    c. Selection and Corroboration of Adverse Facts Available (AFA) 
Rate
XIV. Critical Circumstances
XV. Currency Conversion

[FR Doc. 2015-21180 Filed 8-25-15; 8:45 am]
BILLING CODE 3510-DS-P