Certain Uncoated Paper From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 3110-3112 [2016-01013]
Download as PDF
<![CDATA[
3110
Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
is materially injured, or threatened with
material injury, by reason of imports of
uncoated paper from Australia no later
than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, the
Department will issue an antidumping
duty order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders (APO)
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
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 subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: January 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by the
investigation includes uncoated paper in
sheet form; weighing at least 40 grams per
square meter but not more than 150 grams
per square meter; that either is a white paper
with a GE brightness level 1 of 85 or higher
or is a colored paper; whether or not 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 chemi-
tkelley on DSK4VPTVN1PROD with NOTICES
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
18:12 Jan 19, 2016
Jkt 238001
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. For purposes of this scope
definition, paper shall be considered
‘‘printed with final content’’ where at least
one side of the sheet has printed text and/
or graphics that cover at least five percent of
the surface area of the entire sheet.
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. List of Comments
V. Discussion of Comments
Comment 1: Whether Adverse Facts
Available (AFA) are Warranted for
Respondent Australian Paper
Comment 2: Rate To Assign to Australian
Paper Based on AFA
Comment 3: Derivation of the All-Others
Rate
VI. Finding of Critical Circumstances, In Part
[FR Doc. 2016–01019 Filed 1–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
certain uncoated paper (uncoated paper)
from the People’s Republic of China
(PRC). For more information on the
estimated subsidy rate, see the ‘‘Final
Determination and Suspension of
Liquidation’’ section of this notice. The
period of investigation is January 1,
2014, through December 31, 2014.
DATES:
Effective: January 20, 2016.
FOR FURTHER INFORMATION CONTACT:
Patricia Tran or Joy Zhang, Office III,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1503 or (202) 482–
1168, respectively.
SUPPLEMENTARY INFORMATION:
Background
The events that have occurred since
the Department published the
Preliminary Determination on June 29,
2015 and Notice of Correction on July 9,
2015,1 are discussed in the Issues and
Decision Memorandum, which is hereby
incorporated in this notice.2 This
memorandum also details the changes
we made since the Preliminary
Determination to the subsidy rates
calculated for the mandatory
respondents and all other producers/
exporters. The Issues and 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 is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
International Trade Administration
[C–570–023]
Certain Uncoated Paper From the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers and exporters of
AGENCY:
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
1 See Certain Uncoated Paper From the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping
Duty Determination, 80 FR 36968 (June 29, 2015)
(Preliminary Determination), and Certain Uncoated
Paper From the People’s Republic of China: Notice
of Correction to Preliminary Affirmative
Countervailing Duty Determination, 80 FR 39409
(July 9, 2015) (Notice of Correction).
2 See Memorandum to Paul Piquado, ‘‘Issues and
Decision Memorandum for the Final Affirmative
Countervailing Duty Determination in the
Countervailing Duty Investigation of Certain
Uncoated Paper from the People’s Republic of
China’’ (January 8, 2016) (Issues and Decision
Memorandum).
E:\FR\FM\20JAN1.SGM
20JAN1
3111
Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
Scope of the Investigation
The scope of the investigation covers
uncoated paper. For a complete
description of the scope of the
investigation, see Appendix I.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum,
dated concurrently with this notice. A
list of the issues that parties raised, and
to which we responded in the Issues
and Decision Memorandum, is attached
to this notice as Appendix II.
Use of Facts Otherwise Available,
Including Adverse Inferences
As described in the Preliminary
Determination, Shandong Sun Paper
Industry Joint Stock Co., Ltd., and Sun
Paper (Hong Kong) Co., Ltd.
(collectively, Sun Paper Companies) and
UPM (China) Co., Ltd. (UPM) each
notified the Department that it would
not participate in this investigation.3
Thus, for the final determination, we are
basing the countervailing duty (CVD)
rate for Sun Paper Companies and UPM
on facts otherwise available, pursuant to
sections 776(a)(2)(C) and (D) of the
Tariff Act of 1930, as amended (the Act).
Further, because Sun Paper Companies
and UPM did not cooperate to the best
of their ability in this investigation, we
also determine that an adverse inference
is warranted, pursuant to section 776(b)
of the Act. As adverse facts available
(AFA), we have assigned Sun Paper
Companies and UPM, each a rate of
185.25 percent. For a full discussion of
this issue, see the Issues and Decision
Memorandum.
Final Determination and Suspension of
Liquidation
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
a rate for Asia Symbol (Guangdong)
Paper Co., Ltd. (AS Guangdong), Asia
Symbol (Shandong) Pulp & Paper Co.,
Ltd. (AS Shandong), Asia Symbol
(Guangdong) Omya Minerals Co., Ltd.
(AS Omya), and Greenpoint Global
Trading (Macao Commercial Offshore)
Limited (Greenpoint) (collectively, Asia
Symbol Companies). Section
705(c)(5)(A)(i) of the Act states that, for
companies not individually
investigated, we will determine an ‘‘allothers’’ rate equal to the weightedaverage countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero and de minimis countervailable
subsidy rates, and any rates determined
entirely under section 776 of the Act.
Where the rates for investigated
companies are zero or de minimis, or
based entirely on facts otherwise
available, section 705(c)(5)(A)(ii) of the
Act instructs the Department to
establish an ‘‘all-others’’ rate using ‘‘any
reasonable method.’’ As discussed
above, we determined Sun Paper
Companies and UPM rates based
entirely on AFA in accordance with
sections 776(a) and (b) of the Act.
Therefore, we used the rate calculated
for Asia Symbol Companies as the ‘‘allothers’’ rate. We intend to disclose to
parties the calculations performed in
this proceeding within five days of the
public announcement of this final
determination in accordance with 19
CFR 351.224(b).
We determine the total estimated net
countervailable subsidy rates to be:
Company
Subsidy rate
tkelley on DSK4VPTVN1PROD with NOTICES
Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong), Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS
Shandong), Asia Symbol (Guangdong) Omya Minerals Co., Ltd. (AS Omya), and Greenpoint Global Trading (Macao
Commercial Offshore) Limited (Greenpoint) (collectively, Asia Symbol Companies).
Shandong Sun Paper Industry Joint Stock Co., Ltd. (Shandong Sun Paper), and Sun Paper (Hong Kong) Co., Ltd.
(Sun Paper HK) (collectively, Sun Paper Companies).
UPM (China) Co. Ltd. (UPM) .................................................................................................................................................
All-Others ...............................................................................................................................................................................
7.23 percent.
176.75 percent.
176.75 percent.
7.23 percent.
As a result of our affirmative
Preliminary Determination, pursuant to
sections 703(d)(1)(B) and (2) of the Act,
we instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of entries of subject merchandise from
the PRC which were entered or
withdrawn from warehouse, for
consumption on or after June 29, 2015,
the date of the publication of the
Preliminary Determination in the
Federal Register.
In accordance with section 703(d) of
the Act, we later issued instructions to
CBP to discontinue the suspension of
liquidation for CVD purposes for subject
merchandise entered, or withdrawn
from warehouse, on or after October 27,
2015, but to continue the suspension of
liquidation of all entries from June 29,
2015, through October 26, 2015, as
appropriate.
We will issue a CVD order and
reinstate the suspension of liquidation
in accordance with our final
determination and under section 706(a)
of the Act if the United States
International Trade Commission (ITC)
issues a final affirmative injury
determination, and we will instruct CBP
to require a cash deposit of estimated
countervailing duties 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 as a result of the
suspension of liquidation will be
refunded.
International Trade Commission
Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
final 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.
3 See Letter from Sun Paper Companies, ‘‘Certain
Uncoated Paper from the People’s Republic of
China—Withdrawal of Participation in
Investigation,’’ (April 8, 2015) (Sun Paper
Companies Withdrawal Letter) and UPM’s
submission, ‘‘Uncoated Paper From the People’s
Republic of China (C–570–023) Investigation; UPM
(China) Co. Ltd.’s Letter Regarding Questionnaire
Responses,’’ (May 6, 2015) (UPM Withdrawal
Letter).
VerDate Sep<11>2014
18:12 Jan 19, 2016
Jkt 238001
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
E:\FR\FM\20JAN1.SGM
20JAN1
3112
Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
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 that is subject to
sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: January 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
tkelley on DSK4VPTVN1PROD with NOTICES
The merchandise covered by the
investigation includes uncoated paper in
sheet form; weighing at least 40 grams per
square meter but not more than 150 grams
per square meter; that either is a white paper
with a GE brightness level 4 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. For purposes of this scope
definition, paper shall be considered
‘‘printed with final content’’ where at least
one side of the sheet has printed text and/
or graphics that cover at least five percent of
the surface area of the entire sheet.
Imports of the subject merchandise are
provided for under Harmonized Tariff
Schedule of the United States (HTSUS)
categories 4802.56.1000, 4802.56.2000,
4 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
18:12 Jan 19, 2016
Jkt 238001
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Application of the Countervailing Duty
Law to Imports From the PRC
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether To Reverse the
Department’s Government ‘‘Authorities’’
Determination
Comment 2: Whether To Reverse the
Department’s Specificity Determination
for the Provision of Calcium Carbonate
and Caustic Soda for Less Than
Adequate Remuneration (LTAR)
Comment 3: Whether To Reverse the
Department’s Market Distortion
Determination
Comment 4: Whether To Exclude Policy
Loan Observation 95 From the Final
Determination Calculations
Comment 5: Whether To Include
Surcharges in International Freight
Calculations for Calcium Carbonate and
Caustic Soda Benchmarks
Comment 6: Whether To Incorporate the
Minor Corrections Into the Final
Calculations
Comment 7: Whether To Revise the
Provision of Coal for Less Than
Adequate Remuneration Benchmark
Comment 8: Whether the Provision of
Water for LTAR Confers a Benefit
Comment 9: Whether the Provision of Land
to State-Owned Enterprises (SOEs) for
LTAR is Countervailable
X. Recommendation
[FR Doc. 2016–01013 Filed 1–19–16; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–022]
Certain Uncoated Paper 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 certain
uncoated paper from the People’s
Republic of China (‘‘PRC’’) is being, or
is likely to be, sold in the United States
at less than fair value (‘‘LTFV’’), as
provided in section 735 of the Tariff Act
of 1930, as amended (‘‘the Act’’). The
period of investigation (‘‘POI’’) is July 1,
2014, through December 31, 2014. The
final weighted-average dumping
margins of sales at LTFV are listed
below in the ‘‘Final Determination
Margins’’ section of this notice.
DATES: Effective: January 20, 2016.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3692.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 26, 2015, the Department
published the Preliminary
Determination of this antidumping duty
(‘‘AD’’) investigation.1 The following
events occurred since the Preliminary
Determination was issued.
Between September 21, 2015, and
September 30, 2015, the Department
conducted verifications of the sales and
factors of production (‘‘FOP’’)
information submitted by Greenpoint
Global Trading (Macao Commercial
Offshore) Ltd. (‘‘Greenpoint’’), Asia
Symbol (Guangdong) Paper Co. Ltd.
(‘‘AS Guangdong’’), and Asia Symbol
(Shandong) Pulp and Paper Co. Ltd.
(‘‘AS Shandong’’) (collectively, ‘‘Asia
Symbol’’) 2 for use in the final
1 See Certain Uncoated Paper from the People’s
Republic of China: Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 80 FR 51768 (August 26,
2015) (‘‘Preliminary Determination’’) and
accompanying Preliminary Decision Memorandum.
2 The Department preliminarily collapsed AS
Guangdong, AS Shandong, and Greenpoint, treating
them as a single entity for the purposes of
calculating a margin in this investigation. See
Memorandum to the File, ‘‘Investigation of
Uncoated Paper from the People’s Republic of
E:\FR\FM\20JAN1.SGM
20JAN1
]]>Agencies
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3110-3112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01013]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-023]
Certain Uncoated Paper From the People's Republic of China: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
countervailable subsidies are being provided to producers and exporters
of certain uncoated paper (uncoated paper) from the People's Republic
of China (PRC). For more information on the estimated subsidy rate, see
the ``Final Determination and Suspension of Liquidation'' section of
this notice. The period of investigation is January 1, 2014, through
December 31, 2014.
DATES: Effective: January 20, 2016.
FOR FURTHER INFORMATION CONTACT: Patricia Tran or Joy Zhang, Office
III, AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1503 or (202) 482-1168, respectively.
SUPPLEMENTARY INFORMATION:
Background
The events that have occurred since the Department published the
Preliminary Determination on June 29, 2015 and Notice of Correction on
July 9, 2015,\1\ are discussed in the Issues and Decision Memorandum,
which is hereby incorporated in this notice.\2\ This memorandum also
details the changes we made since the Preliminary Determination to the
subsidy rates calculated for the mandatory respondents and all other
producers/exporters. The Issues and 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 is available to all parties in the Central
Records Unit, room B8024 of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the
electronic version of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\1\ See Certain Uncoated Paper From the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination, 80 FR 36968 (June 29, 2015) (Preliminary
Determination), and Certain Uncoated Paper From the People's
Republic of China: Notice of Correction to Preliminary Affirmative
Countervailing Duty Determination, 80 FR 39409 (July 9, 2015)
(Notice of Correction).
\2\ See Memorandum to Paul Piquado, ``Issues and Decision
Memorandum for the Final Affirmative Countervailing Duty
Determination in the Countervailing Duty Investigation of Certain
Uncoated Paper from the People's Republic of China'' (January 8,
2016) (Issues and Decision Memorandum).
---------------------------------------------------------------------------
[[Page 3111]]
Scope of the Investigation
The scope of the investigation covers uncoated paper. For a
complete description of the scope of the investigation, see Appendix I.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum, dated concurrently
with this notice. A list of the issues that parties raised, and to
which we responded in the Issues and Decision Memorandum, is attached
to this notice as Appendix II.
Use of Facts Otherwise Available, Including Adverse Inferences
As described in the Preliminary Determination, Shandong Sun Paper
Industry Joint Stock Co., Ltd., and Sun Paper (Hong Kong) Co., Ltd.
(collectively, Sun Paper Companies) and UPM (China) Co., Ltd. (UPM)
each notified the Department that it would not participate in this
investigation.\3\ Thus, for the final determination, we are basing the
countervailing duty (CVD) rate for Sun Paper Companies and UPM on facts
otherwise available, pursuant to sections 776(a)(2)(C) and (D) of the
Tariff Act of 1930, as amended (the Act). Further, because Sun Paper
Companies and UPM did not cooperate to the best of their ability in
this investigation, we also determine that an adverse inference is
warranted, pursuant to section 776(b) of the Act. As adverse facts
available (AFA), we have assigned Sun Paper Companies and UPM, each a
rate of 185.25 percent. For a full discussion of this issue, see the
Issues and Decision Memorandum.
---------------------------------------------------------------------------
\3\ See Letter from Sun Paper Companies, ``Certain Uncoated
Paper from the People's Republic of China--Withdrawal of
Participation in Investigation,'' (April 8, 2015) (Sun Paper
Companies Withdrawal Letter) and UPM's submission, ``Uncoated Paper
From the People's Republic of China (C-570-023) Investigation; UPM
(China) Co. Ltd.'s Letter Regarding Questionnaire Responses,'' (May
6, 2015) (UPM Withdrawal Letter).
---------------------------------------------------------------------------
Final Determination and Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated a rate for Asia Symbol (Guangdong) Paper Co., Ltd. (AS
Guangdong), Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS
Shandong), Asia Symbol (Guangdong) Omya Minerals Co., Ltd. (AS Omya),
and Greenpoint Global Trading (Macao Commercial Offshore) Limited
(Greenpoint) (collectively, Asia Symbol Companies). Section
705(c)(5)(A)(i) of the Act states that, for companies not individually
investigated, we will determine an ``all-others'' rate equal to the
weighted-average countervailable subsidy rates established for
exporters and producers individually investigated, excluding any zero
and de minimis countervailable subsidy rates, and any rates determined
entirely under section 776 of the Act. Where the rates for investigated
companies are zero or de minimis, or based entirely on facts otherwise
available, section 705(c)(5)(A)(ii) of the Act instructs the Department
to establish an ``all-others'' rate using ``any reasonable method.'' As
discussed above, we determined Sun Paper Companies and UPM rates based
entirely on AFA in accordance with sections 776(a) and (b) of the Act.
Therefore, we used the rate calculated for Asia Symbol Companies as the
``all-others'' rate. We intend to disclose to parties the calculations
performed in this proceeding within five days of the public
announcement of this final determination in accordance with 19 CFR
351.224(b).
We determine the total estimated net countervailable subsidy rates
to be:
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
Asia Symbol (Guangdong) Paper Co., 7.23 percent.
Ltd. (AS Guangdong), Asia Symbol
(Shandong) Pulp & Paper Co., Ltd.
(AS Shandong), Asia Symbol
(Guangdong) Omya Minerals Co.,
Ltd. (AS Omya), and Greenpoint
Global Trading (Macao Commercial
Offshore) Limited (Greenpoint)
(collectively, Asia Symbol
Companies).
Shandong Sun Paper Industry Joint 176.75 percent.
Stock Co., Ltd. (Shandong Sun
Paper), and Sun Paper (Hong Kong)
Co., Ltd. (Sun Paper HK)
(collectively, Sun Paper
Companies).
UPM (China) Co. Ltd. (UPM)......... 176.75 percent.
All-Others......................... 7.23 percent.
------------------------------------------------------------------------
As a result of our affirmative Preliminary Determination, pursuant
to sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of entries of
subject merchandise from the PRC which were entered or withdrawn from
warehouse, for consumption on or after June 29, 2015, the date of the
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we later issued
instructions to CBP to discontinue the suspension of liquidation for
CVD purposes for subject merchandise entered, or withdrawn from
warehouse, on or after October 27, 2015, but to continue the suspension
of liquidation of all entries from June 29, 2015, through October 26,
2015, as appropriate.
We will issue a CVD order and reinstate the suspension of
liquidation in accordance with our final determination and under
section 706(a) of the Act if the United States International Trade
Commission (ITC) issues a final affirmative injury determination, and
we will instruct CBP to require a cash deposit of estimated
countervailing duties 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 as a result of the suspension of
liquidation will be refunded.
International Trade Commission Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final determination. In addition, we are making available to
the ITC all non-privileged 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.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this
[[Page 3112]]
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 that is subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: January 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by the investigation includes uncoated
paper in sheet form; weighing at least 40 grams per square meter but
not more than 150 grams per square meter; that either is a white
paper with a GE brightness level \4\ 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).
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
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. For
purposes of this scope definition, paper shall be considered
``printed with final content'' where at least one side of the sheet
has printed text and/or graphics that cover at least five percent of
the surface area of the entire sheet.
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Application of the Countervailing Duty Law to Imports From the
PRC
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether To Reverse the Department's Government
``Authorities'' Determination
Comment 2: Whether To Reverse the Department's Specificity
Determination for the Provision of Calcium Carbonate and Caustic
Soda for Less Than Adequate Remuneration (LTAR)
Comment 3: Whether To Reverse the Department's Market Distortion
Determination
Comment 4: Whether To Exclude Policy Loan Observation 95 From
the Final Determination Calculations
Comment 5: Whether To Include Surcharges in International
Freight Calculations for Calcium Carbonate and Caustic Soda
Benchmarks
Comment 6: Whether To Incorporate the Minor Corrections Into the
Final Calculations
Comment 7: Whether To Revise the Provision of Coal for Less Than
Adequate Remuneration Benchmark
Comment 8: Whether the Provision of Water for LTAR Confers a
Benefit
Comment 9: Whether the Provision of Land to State-Owned
Enterprises (SOEs) for LTAR is Countervailable
X. Recommendation
[FR Doc. 2016-01013 Filed 1-19-16; 8:45 am]
BILLING CODE 3510-DS-P
