Certain Uncoated Paper From Portugal: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 51777-51779 [2015-21183]
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
discontinue the suspension of
liquidation for CVD purposes for subject
merchandise entered, or withdrawn
from warehouse, on or after May 30,
2015, but to continue the suspension of
liquidation of all entries from January
30, 2015, through May 29, 2015.
If the International Trade Commission
(‘‘ITC’’) issues a final affirmative injury
determination, we will issue a CVD
order and reinstate the suspension of
liquidation under section 706(a) of the
Act, and we will require a cash deposit
of estimated CVDs for such entries of
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(‘‘APO’’), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
rmajette on DSK7SPTVN1PROD with NOTICES
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: August 14, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the I&D Memo
Comment I: Whether State Ownership Makes
an Entity a Government Authority
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14:29 Aug 25, 2015
Jkt 235001
Comment II: Whether Chinese Communist
Party (‘‘CCP’’) Affiliations/Activities by
Company Officials Make the Company a
Government Authority
Comment III: Whether the GOC Responded to
the Best of its Ability Regarding
Ownership and CCP Affiliation for HRCS
Suppliers and Provided Sufficient
Evidence to Find that Some Producers
Were not Government Authorities
Comment IV: Whether the Provision of HRCS
Is Specific
Comment V: Use of a Tier-One Price for the
Provision of HRCS
Comment VI: Cold-Rolled for LTAR
Comment VII: Whether to Adjust the HRCS
Benchmark Values
Comment VIII: Whether the Provision of
Electricity is Countervailable
Comment IX: Topsun’s Denominator
Comment X: Export Seller’s Credits and
Export Buyer’s Credits from China ExIm
Comment XI: Two Free Three Half Program
Comment XII: Other Programs
Comment XIII: Whether Whirlpool’s Products
are Within the Scope
[FR Doc. 2015–20785 Filed 8–25–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–471–807]
Certain Uncoated Paper From
Portugal: 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
(the ‘‘Department’’) preliminarily
determines that certain uncoated paper
from Portugal 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:
Kabir Archuletta, 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)
482–2593.
SUPPLEMENTARY INFORMATION:
AGENCY:
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51777
Background
The Department published the notice
of initiation of this investigation on
February 18, 2015.1 For a complete
description of the events that followed
the initiation of this investigation, see
the 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
Portugal. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I.
Scope Comments
Certain interested parties commented
on the scope of the investigation as it
appeared in the Initiation Notice. For
discussion of those comments, see the
Preliminary Decision Memorandum.3
Postponement of Deadline for
Preliminary Determination
On May 18, 2015, Petitioners 4
submitted a timely request for a 50-day
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 ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Certain Uncoated Paper from
Portugal’’ (‘‘Preliminary Decision Memorandum’’),
dated concurrently with this notice.
3 See also Memorandum from Erin Begnal,
Director, Office III, to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations’’
(August 3, 2015).
4 Petitioners are United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union; Domtar
Corporation; Finch Paper LLC; P.H. Glatfelter
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51778
Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
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.6 As a result
of the postponement, the revised
deadline for the preliminary
determination of this investigation is
now August 19, 2015.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. There is one mandatory
respondent participating in this
investigation, Portucel S.A.
(‘‘Portucel’’). 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.
All-Others Rate
Consistent with sections
733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an
estimated all-others rate. Section
735(c)(5)(A) of the Act provides that the
estimated all-others rate shall be an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero and de
minimis margins, and any margins
determined entirely under section 776
of the Act.
Portucel is the only respondent for
which the Department calculated a
company-specific rate. Therefore, for
purposes of determining the ‘‘all others’’
rate and pursuant to section
735(d)(5)(A) of the Act, we are using the
dumping margin calculated for Portucel,
as referenced in the ‘‘Preliminary
Determination’’ section below.
Preliminary Determination
rmajette on DSK7SPTVN1PROD with NOTICES
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Company; and Packaging Corporation of America
(collectively ‘‘Petitioners’’).
5 See Letter to the Secretary of Commerce from
Petitioners ‘‘Request For Postponement Of The
Preliminary Determination’’ (May 18, 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
(2) a brief summary of the argument;
and (3) a table of authorities.
Exporter/manufacturer
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
Portucel S.A. ...............................
29.53 the Assistant Secretary for Enforcement
All Others ....................................
29.53 and Compliance, U.S. Department of
Commerce. All documents must be filed
electronically using ACCESS. An
Suspension of Liquidation
electronically-filed request must be
In accordance with section 733(d)(2)
received successfully in its entirety by
of the Act, we are directing U.S.
ACCESS by 5:00 p.m. Eastern Standard
Customs and Border Protection (‘‘CBP’’) Time, within 30 days after the date of
to suspend liquidation of all entries of
publication of this notice.9 Requests
uncoated paper from Portugal, as
should contain the party’s name,
described in the Preliminary Decision
address, and telephone number, the
Memorandum, entered, or withdrawn
number of participants, and a list of the
from warehouse, for consumption on or issues to be discussed. If a request for
after the date of publication of this
a hearing is made, the Department
notice in the Federal Register.
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
In accordance with 19 CFR
351.205(d), the Department will instruct and Constitution Avenue NW.,
Washington, DC 20230, at a time and
CBP to require a cash deposit equal to
date to be determined. Parties should
the preliminary weighted-average
amount by which normal value exceeds confirm by telephone the date, time, and
location of the hearing two days before
U.S. price, as indicated in the chart
above.7 These suspension of liquidation the scheduled date.
instructions will remain in effect until
Postponement of Final Determination
further notice.
and Extension of Provisional Measures
Weightedaverage
dumping
margin
(percent)
Disclosure
We will disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of publication of this notice in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
Public Comment
Interested parties are invited to
comment on this preliminary
determination. Case briefs or other
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance no later than seven
days after the date on which the final
verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.8
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;
7 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).
8 See 19 CFR 351.309.
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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 Petitioners. 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 fourmonth period to a period not more than
six months in duration.
On July 30, 2015, pursuant to 19 CFR
351.210(b) and (e), Portucel requested
that, contingent upon an affirmative
preliminary determination of sales at
LTFV for Portucel, the Department
postpone the final determination and
that provisional measures be extended
to a period not to exceed six months.10
In addition, Petitioners requested that
the Department postpone its final
determination in accordance with 19
CFR 351.210(b)(2)(i).11
9 See
19 CFR 351.310(c).
Letter to the Secretary of Commerce from
Portucel ‘‘Request for Postponement of Final
Determination’’ (July 30, 2015).
11 See Letter to the Secretary of Commerce from
Petitioners ‘‘Petitioners’ Comments on the
10 See
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.12
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
rmajette on DSK7SPTVN1PROD with NOTICES
The merchandise covered by this
investigation includes uncoated paper in
sheet form; weighing at least 40 grams per
square meter but not more than 150 grams
per square meter; that either is a white paper
with a GE brightness level 13 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
Extension of the Final Determination’’ (July 31,
2015).
12 See also 19 CFR 351.210(e).
13 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
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
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and
Extension of Provisional Measures
5. Scope Comments
6. Affiliation and Collapsing
7. Discussion of Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
8. Date of Sale
9. Product Comparisons
10. Constructed Export Price
11. Excluded U.S. Sales
12. Normal Value
A. Home Market Viability
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of NV Based on ComparisonMarket Prices
13. Facts Available
A. Use of Facts Available
B. Application of Facts Available with an
Adverse Inference
14. Currency Conversion
[FR Doc. 2015–21183 Filed 8–25–15; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–018]
Boltless Steel Shelving Units
Prepackaged for Sale From the
People’s Republic of China: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) determines that boltless
steel shelving units prepackaged for sale
from the People’s Republic of China
(‘‘PRC’’) are being, or are likely to be,
sold in the United States at less than fair
value (‘‘LTFV’’), as provided in section
735 of the Tariff Act of 1930, as
amended (‘‘the Act’’). The final
weighted-average dumping margins for
the investigation on boltless steel
shelving units from the PRC are listed
in the ‘‘Final Determination Margins’’
section, infra.
DATES: Effective Date: August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta or 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) 482–2593 or (202) 482–
6905, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 1, 2015, the Department
published its Preliminary
Determination.1 On April 17, 2015, we
published an Amended Preliminary
Determination and postponement of the
final determination.2 We invited
interested parties to comment on our
Preliminary Determination of sales at
LTFV and Amended Preliminary
Determination. For a list of the parties
that filed case and rebuttal briefs, see
the Issues and Decision Memorandum.3
1 See Boltless Steel Shelving Units Prepackaged
for Sale from the People’s Republic of China:
Preliminary Determination of Sales at Less Than
Fair Value, 80 FR 17409 (April 1, 2015)
(Preliminary Determination).
2 See Boltless Steel Shelving Units Prepackaged
for Sale From the People’s Republic of China:
Amended Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 80 FR 21207 (April 17, 2015)
(Amended Preliminary Determination).
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Issues and Decision
Continued
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51777-51779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21183]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-471-807]
Certain Uncoated Paper From Portugal: 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 (the ``Department'') preliminarily
determines that certain uncoated paper from Portugal 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: Kabir Archuletta, 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-
2593.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on February 18, 2015.\1\ For a complete description of
the events that followed the initiation of this investigation, see the
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
``Decision Memorandum for the Preliminary Determination in the
Antidumping Duty Investigation of Certain Uncoated Paper from
Portugal'' (``Preliminary Decision Memorandum''), dated concurrently
with this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is uncoated paper from
Portugal. For a full description of the scope of this investigation,
see the ``Scope of the Investigation,'' in Appendix I.
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\
---------------------------------------------------------------------------
\3\ See also Memorandum from Erin Begnal, Director, Office III,
to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement
and Compliance ``Scope Comments Decision Memorandum for the
Preliminary Determinations'' (August 3, 2015).
---------------------------------------------------------------------------
Postponement of Deadline for Preliminary Determination
On May 18, 2015, Petitioners \4\ submitted a timely request for a
50-day
[[Page 51778]]
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.\6\ As a result of the postponement, the revised deadline for the
preliminary determination of this investigation is now August 19, 2015.
---------------------------------------------------------------------------
\4\ Petitioners are United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union; Domtar Corporation; Finch Paper LLC; P.H.
Glatfelter Company; and Packaging Corporation of America
(collectively ``Petitioners'').
\5\ See Letter to the Secretary of Commerce from Petitioners
``Request For Postponement Of The Preliminary Determination'' (May
18, 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).
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. There is one mandatory respondent participating
in this investigation, Portucel S.A. (``Portucel''). 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.
All-Others Rate
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an estimated all-others rate. Section
735(c)(5)(A) of the Act provides that the estimated all-others rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act.
Portucel is the only respondent for which the Department calculated
a company-specific rate. Therefore, for purposes of determining the
``all others'' rate and pursuant to section 735(d)(5)(A) of the Act, we
are using the dumping margin calculated for Portucel, as referenced in
the ``Preliminary Determination'' section below.
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Portucel S.A................................................ 29.53
All Others.................................................. 29.53
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we are directing
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of uncoated paper from Portugal, as described in the
Preliminary Decision Memorandum, entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this notice in
the Federal Register.
In accordance with 19 CFR 351.205(d), the Department will instruct
CBP to require a cash deposit equal to the preliminary weighted-average
amount by which normal value exceeds U.S. price, as indicated in the
chart above.\7\ These suspension of liquidation instructions will
remain in effect until further notice.
---------------------------------------------------------------------------
\7\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Disclosure
We will disclose the calculations performed to interested parties
in this proceeding within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Public Comment
Interested parties are invited to comment on this preliminary
determination. Case briefs or other written comments may be submitted
to the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the final verification report is
issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\8\ 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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\8\ 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.\9\ Requests should
contain the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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\9\ See 19 CFR 351.310(c).
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Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
Petitioners. 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.
On July 30, 2015, pursuant to 19 CFR 351.210(b) and (e), Portucel
requested that, contingent upon an affirmative preliminary
determination of sales at LTFV for Portucel, the Department postpone
the final determination and that provisional measures be extended to a
period not to exceed six months.\10\ In addition, Petitioners requested
that the Department postpone its final determination in accordance with
19 CFR 351.210(b)(2)(i).\11\
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\10\ See Letter to the Secretary of Commerce from Portucel
``Request for Postponement of Final Determination'' (July 30, 2015).
\11\ See Letter to the Secretary of Commerce from Petitioners
``Petitioners' Comments on the Extension of the Final
Determination'' (July 31, 2015).
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[[Page 51779]]
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\12\
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\12\ 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
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 \13\ 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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\13\ 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
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and Extension of Provisional
Measures
5. Scope Comments
6. Affiliation and Collapsing
7. Discussion of Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
8. Date of Sale
9. Product Comparisons
10. Constructed Export Price
11. Excluded U.S. Sales
12. Normal Value
A. Home Market Viability
B. Affiliated Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison-Market Prices
13. Facts Available
A. Use of Facts Available
B. Application of Facts Available with an Adverse Inference
14. Currency Conversion
[FR Doc. 2015-21183 Filed 8-25-15; 8:45 am]
BILLING CODE 3510-DS-P
