Certain Uncoated Paper From Indonesia: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 51771-51774 [2015-21180]
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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.
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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
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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).
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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
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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).
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
of publication of this notice in
accordance with 19 CFR 351.224(b).
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.
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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).
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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.
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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:
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AGENCY:
Background
The AD order on calcium
hypochlorite was published in the
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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
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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 https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Certain Uncoated Paper From Australia, Brazil, the
People's Republic of China, Indonesia, and Portugal: Initiation of
Less-Than-Fair-Value Investigations, 80 FR 8608 (February 18, 2015)
(Initiation Notice).
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
entitled ``Decision Memorandum for the Preliminary Determination in
the Antidumping Duty Investigation of Certain Uncoated Paper from
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