Certain Uncoated Paper From Australia: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, In Part, 3108-3110 [2016-01019]
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3108
Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
Comment 3: Critical Circumstances
Comment 4: Advertising Expenses
Comment 5: Insurance Expenses
Comment 6: Other Data Revisions Based on
Verification Findings
Comment 7: Minor Corrections Presented
at Verification
Comment 8: Portucel’s Transposition Error
VII. Negative Finding of Critical
Circumstances
[FR Doc. 2016–01024 Filed 1–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–807]
Certain Uncoated Paper From
Australia: Final Determination of Sales
at Less Than Fair Value and
Affirmative Final Determination of
Critical Circumstances, In Part
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce
(Department) determines that certain
uncoated paper from Australia is being,
or is likely to be, sold in the United
States at less than fair value (LTFV), as
provided in section 735(a) of the Tariff
Act of 1930, as amended (the Act). The
period of investigation (POI) is January
1, 2014, through December 31, 2014.
The final dumping margins of sales at
LTFV are listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective: January 20, 2016.
FOR FURTHER INFORMATION CONTACT: Eve
Wang or George McMahon, 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) 482–6231 or (202) 482–
1167, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
tkelley on DSK4VPTVN1PROD with NOTICES
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.
On August 27, 2015, sole respondent
Paper Australia Pty. Ltd. (Australian
Paper) withdrew its participation from
this investigation, stating that ‘‘due to
1 See Certain Uncoated Paper From Australia:
Preliminary Determination of Sales at Less Than
Fair Value, Negative Preliminary Determination of
Critical Circumstances, and Postponement of Final
Determination, 80 FR 51783 (August 26, 2015)
(Preliminary Determination).
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18:12 Jan 19, 2016
Jkt 238001
the significant preliminary dumping
margin,’’ it was suspending its
participation in the U.S. market
‘‘pending the final determination on
Injury.’’ 2
On August 28, 2015, the Department
notified interested parties of a revised,
accelerated briefing schedule due to the
lack of participation from the sole
respondent, Australian Paper, which
resulted in the cancellation of
verification of its questionnaire
responses.3 On September 24, 2015, the
Department granted Petitioners’ 4
request to extend the briefing schedule.5
On October 2, 2015, Petitioners
submitted a case brief.
Scope of the Investigation and Scope
Comments
The product covered by this
investigation is certain uncoated paper
from Australia. For a complete
description of the scope of the
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I of this
notice, which incorporates changes
made subsequent to the Preliminary
Determination.
On October 2, 2015, Gartner Studios
submitted its case brief regarding the
scope of the investigations.6 On October
6, 2015, the Department revised the
briefing schedule for scope comments
and rebuttal comments.7 On October 19,
2015, American Greetings Corporation
(American Greetings) submitted its case
brief regarding the scope of the
investigations.8 On October 29, 2015,
2 See Australian Paper’s letter titled,
‘‘Respondents Paper Australia Pty Ltd and Paper
Products Marketing (USA) Notification of
Withdrawal,’’ dated August 27, 2015 (Australian
Paper’s Letter of Withdrawal), at 2.
3 See the Department’s Memorandum titled,
‘‘Antidumping Duty Investigation of Certain
Uncoated Paper from Australia: Case Brief and
Rebuttal Brief Schedule for Final Determination of
the above referenced Investigation,’’ dated August
28, 2015.
4 Petitioners in this investigation 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 Department’s Memorandum titled,
‘‘Certain Uncoated Paper From Australia:
Antidumping Duty Investigation: Revised Briefing
Schedule,’’ dated September 24, 2015; see also
Petitioners’ letter titled, ‘‘Petitioners’ Request to
Extend Briefing Schedule,’’ dated September 24,
2015.
6 Because there are multiple investigations of
uncoated paper, the Department has considered
collectively all comments regarding the scope of the
investigations filed by the interested parties.
7 See Memorandum titled, ‘‘Revised Briefing
Schedule for Scope Comments and Rebuttal
Comments,’’ dated October 6, 2015.
8 See Letter from American Greetings titled,
‘‘Certain Uncoated Paper From Australia, Brazil,
The People’s Republic of China, Indonesia, and
Portugal: Case Brief of American Greetings
Corporation,’’ dated October 19, 2015.
PO 00000
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Fmt 4703
Sfmt 4703
Petitioners submitted their rebuttal brief
regarding the scope of the
investigations.9 The Department is
issuing a scope comments decision
memorandum for the final
determinations of the AD and
countervailing duty investigations of
certain uncoated paper, which is
incorporated by reference in, and hereby
adopted by, this final determination.10
As explained in the Final Scope
Decision Memorandum, to facilitate the
scope’s administrability and
enforcement, we have clarified the
scope language such that certain
uncoated paper with ‘‘final printed
content’’ is excluded from the scope of
the investigations.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by interested parties in
this investigation that are not related to
the scope of this investigation are
addressed in the Issues and Decision
Memorandum, which is incorporated by
reference by, and hereby adopted by,
this notice.11
A list of the issues raised is attached
to this notice as Appendix II. 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 it is available to all
parties in the Central Records Unit,
room B–8024 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 and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
9 See Letter from Petitioners titled, ‘‘Certain
Uncoated Paper From Australia, Brazil, The
People’s Republic of China, Indonesia, and
Portugal: Scope Rebuttal Brief,’’ dated October 20,
2015.
10 See the Department’s memorandum to the file
titled, ‘‘Less-Than-Fair-Value Investigations of
Certain Uncoated Paper from Australia, Brazil, the
People’s Republic of China, Indonesia, and
Portugal; and Countervailing Duty Investigations of
Certain Uncoated Paper from the People’s Republic
of China and Indonesia: Scope Comments Decision
Memorandum for the Final Determinations,’’ dated
January 8, 2016 (Final Scope Decision
Memorandum).
11 See Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, titled ‘‘Issues and Decision
Memorandum for the Final Determination in the
Antidumping Duty Investigation of Certain
Uncoated Paper from Australia’’ (Issues and
Decision Memorandum), dated concurrently with
this notice.
E:\FR\FM\20JAN1.SGM
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Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
Final Affirmative Determination of
Critical Circumstances, In Part
In the Preliminary Determination, the
Based on our analysis of the
Department found that critical
comments received and Australian
circumstances did not exist with respect
Paper’s withdrawal of participation
from this investigation, we have revised to imports of uncoated paper from
Australia from Australian Paper and all
the margin for Australian Paper to
other exporters or producers.14 Based on
reflect the application of facts available
Australian Paper’s withdrawal from this
with an adverse inference pursuant to
sections 776(a)(2)(C) and (D) and 776(b) investigation, and upon further analysis
of the Act. We have also revised the all- following the Preliminary
Determination, we are modifying our
others rate. For a discussion of these
findings for the final determination.
changes, see the Issues and Decision
Because we do not have verifiable
Memorandum at Comments 1, 2, and 3.
shipment data from Australian Paper,
All Others Rate
we must base our ‘‘massive imports’’
determination on the facts available,
Section 735(c)(5)(B) of the Act
pursuant to section 776(a) of the Act.
provides that, where the estimated
Because Australian Paper failed to
weighted-average dumping margins
cooperate by not acting to the best of its
established for all exporters and
ability to allow for verification of its
producers individually investigated are
sales and cost questionnaire responses,
zero or de minimis, or are determined
we are making an adverse inference in
entirely under section 776 of the Act,
the Department may use any reasonable selecting from the facts available,
pursuant to section 776(b) of the Act.
method to establish the estimated allThus, in accordance with section 776(b)
others rate for exporters and producers
not individually investigated. Where the of the Act, we have used an adverse
inference in applying facts available,
sole individually investigated
and determine that there were massive
respondent’s margin is based on total
imports from Australian Paper over a
AFA under section 776 of the Act, our
relatively short period pursuant to
practice under these circumstances has
section 733(e)(1)(B) of the Act.15 We
been to assign as the all-others rate the
also find that Australian Paper’s
simple average of the margins in the
dumping margin is sufficient to impute
petition,12 which we have done in this
importer knowledge of sales at less than
final determination.13
fair value, and the International Trade
Final Determination
Commission’s (ITC) preliminary injury
determination is sufficient to impute the
The Department determines that the
likelihood of material injury, in
estimated final weighted-average
accordance with section 733(e)(1)(A)(ii)
dumping margins are as follows:
of the Act. For those reasons, we
determine that critical circumstances
Weightedexist for imports from Australia of
average
Exporter/Manufacturer
dumping
uncoated paper produced by Australian
margin
Paper. For a discussion of these
(percent)
changes, see the Issues and Decision
Paper Australia Pty. Ltd ...........
222.46 Memorandum at ‘‘VI. Finding of Critical
All Others ..................................
138.87 Circumstances, In Part.’’
However, we have not inferred, as
AFA, that massive imports exist for
Disclosure
companies under the all-others category,
We will disclose the calculations
because, unlike the uncooperative
performed to interested parties within
company in question, the all-others
five days of the public announcement of companies have not failed to cooperate
this final determination in accordance
in this investigation. Furthermore, the
with 19 CFR 351.224(b).
record indicates that the only known
producer of uncoated paper from
12 See, e.g., Notice of Preliminary Determination
Australia is Australian Paper.16
of Sales at Less Than Fair Value: Light-Walled
Therefore, an adverse inference with
Rectangular Pipe and Tube from Turkey, 73 FR
tkelley on DSK4VPTVN1PROD with NOTICES
Changes Since the Preliminary
Determination
5508, 5513–14 (January 30, 2008), unchanged in
Notice of Final Determination of Sales at Less Than
Fair Value: Light-Walled Rectangular Pipe and
Tube from Turkey, 73 FR 19814, 19815 (April 11,
2008); see also Notice of Final Determination of
Sales at Less Than Fair Value and Affirmative Final
Determination of Critical Circumstances: Glycine
from Japan, 72 FR 67271, 67272 (November 28,
2007).
13 See Issues and Decision Memorandum at
Comment 3.
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18:12 Jan 19, 2016
Jkt 238001
14 See
Preliminary Determination, 80 FR at 51784.
e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Certain Cut-To-Length
Carbon-Quality Steel Plate Products from Japan, 64
FR 73215 (December 29, 1999).
16 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 8614 (February 18, 2015); see
also Initiation Checklist at 2.
15 See,
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Fmt 4703
Sfmt 4703
3109
respect to finding a massive surge in
imports by the all-others companies is
not appropriate. Therefore, we
determine that critical circumstances do
not exist for imports of uncoated paper
from Australia for companies in the allothers category. For further discussion
of this analysis, see the Issues and
Decision Memorandum at ‘‘VI. Finding
of Critical Circumstances, In Part.’’
Continuation of Suspension of
Liquidation
As noted above, for this final
determination, the Department found
that critical circumstances exist with
respect to imports of the subject
merchandise from Australian Paper.
However, the Department did not find
that critical circumstances existed with
respect to imports by Australian Paper
in the Preliminary Determination.17
Therefore, in accordance with section
735(c)(4)(B) of the Act, the Department
is modifying the suspension of
liquidation as announced in the
Preliminary Determination for
Australian Paper. The Department will
instruct U.S. Customs and Border
Protection (CBP) to suspend liquidation
of entries of uncoated paper from
Australian Paper, as described in
Appendix I of this notice, to apply to
unliquidated entries that were entered,
or withdrawn from warehouse, for
consumption on or after May 28, 2015,
90 days prior to publication of the
Preliminary Determination of this
investigation in the Federal Register,
and require a cash deposit for such
entries equal to the estimated amount by
which the normal value exceeds the
U.S. price as noted above for such
unliquidated entries.
Because we continue to find that
critical circumstances do not exist with
respect to all others, in accordance with
section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend
liquidation of all appropriate entries of
uncoated paper from all others, which
were entered, or withdrawn from
warehouse, for consumption on or after
August 26, 2015, the date of publication
of the Preliminary Determination in the
Federal Register.
ITC Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of our
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
17 See
E:\FR\FM\20JAN1.SGM
Preliminary Determination, 80 FR at 51784.
20JAN1
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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.
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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:
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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
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]]>Agencies
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3108-3110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01019]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-807]
Certain Uncoated Paper From Australia: Final Determination of
Sales at Less Than Fair Value and Affirmative Final Determination of
Critical Circumstances, In Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (Department) determines that
certain uncoated paper from Australia is being, or is likely to be,
sold in the United States at less than fair value (LTFV), as provided
in section 735(a) of the Tariff Act of 1930, as amended (the Act). The
period of investigation (POI) is January 1, 2014, through December 31,
2014. The final dumping margins of sales at LTFV are listed below in
the ``Final Determination'' section of this notice.
DATES: Effective: January 20, 2016.
FOR FURTHER INFORMATION CONTACT: Eve Wang or George McMahon, 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-
6231 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
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.
---------------------------------------------------------------------------
\1\ See Certain Uncoated Paper From Australia: Preliminary
Determination of Sales at Less Than Fair Value, Negative Preliminary
Determination of Critical Circumstances, and Postponement of Final
Determination, 80 FR 51783 (August 26, 2015) (Preliminary
Determination).
---------------------------------------------------------------------------
On August 27, 2015, sole respondent Paper Australia Pty. Ltd.
(Australian Paper) withdrew its participation from this investigation,
stating that ``due to the significant preliminary dumping margin,'' it
was suspending its participation in the U.S. market ``pending the final
determination on Injury.'' \2\
---------------------------------------------------------------------------
\2\ See Australian Paper's letter titled, ``Respondents Paper
Australia Pty Ltd and Paper Products Marketing (USA) Notification of
Withdrawal,'' dated August 27, 2015 (Australian Paper's Letter of
Withdrawal), at 2.
---------------------------------------------------------------------------
On August 28, 2015, the Department notified interested parties of a
revised, accelerated briefing schedule due to the lack of participation
from the sole respondent, Australian Paper, which resulted in the
cancellation of verification of its questionnaire responses.\3\ On
September 24, 2015, the Department granted Petitioners' \4\ request to
extend the briefing schedule.\5\ On October 2, 2015, Petitioners
submitted a case brief.
---------------------------------------------------------------------------
\3\ See the Department's Memorandum titled, ``Antidumping Duty
Investigation of Certain Uncoated Paper from Australia: Case Brief
and Rebuttal Brief Schedule for Final Determination of the above
referenced Investigation,'' dated August 28, 2015.
\4\ Petitioners in this investigation 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 Department's Memorandum titled, ``Certain Uncoated
Paper From Australia: Antidumping Duty Investigation: Revised
Briefing Schedule,'' dated September 24, 2015; see also Petitioners'
letter titled, ``Petitioners' Request to Extend Briefing Schedule,''
dated September 24, 2015.
---------------------------------------------------------------------------
Scope of the Investigation and Scope Comments
The product covered by this investigation is certain uncoated paper
from Australia. For a complete description of the scope of the
investigation, see the ``Scope of the Investigation,'' in Appendix I of
this notice, which incorporates changes made subsequent to the
Preliminary Determination.
On October 2, 2015, Gartner Studios submitted its case brief
regarding the scope of the investigations.\6\ On October 6, 2015, the
Department revised the briefing schedule for scope comments and
rebuttal comments.\7\ On October 19, 2015, American Greetings
Corporation (American Greetings) submitted its case brief regarding the
scope of the investigations.\8\ On October 29, 2015, Petitioners
submitted their rebuttal brief regarding the scope of the
investigations.\9\ The Department is issuing a scope comments decision
memorandum for the final determinations of the AD and countervailing
duty investigations of certain uncoated paper, which is incorporated by
reference in, and hereby adopted by, this final determination.\10\ As
explained in the Final Scope Decision Memorandum, to facilitate the
scope's administrability and enforcement, we have clarified the scope
language such that certain uncoated paper with ``final printed
content'' is excluded from the scope of the investigations.
---------------------------------------------------------------------------
\6\ Because there are multiple investigations of uncoated paper,
the Department has considered collectively all comments regarding
the scope of the investigations filed by the interested parties.
\7\ See Memorandum titled, ``Revised Briefing Schedule for Scope
Comments and Rebuttal Comments,'' dated October 6, 2015.
\8\ See Letter from American Greetings titled, ``Certain
Uncoated Paper From Australia, Brazil, The People's Republic of
China, Indonesia, and Portugal: Case Brief of American Greetings
Corporation,'' dated October 19, 2015.
\9\ See Letter from Petitioners titled, ``Certain Uncoated Paper
From Australia, Brazil, The People's Republic of China, Indonesia,
and Portugal: Scope Rebuttal Brief,'' dated October 20, 2015.
\10\ See the Department's memorandum to the file titled, ``Less-
Than-Fair-Value Investigations of Certain Uncoated Paper from
Australia, Brazil, the People's Republic of China, Indonesia, and
Portugal; and Countervailing Duty Investigations of Certain Uncoated
Paper from the People's Republic of China and Indonesia: Scope
Comments Decision Memorandum for the Final Determinations,'' dated
January 8, 2016 (Final Scope Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties in this investigation that are not related to the scope of this
investigation are addressed in the Issues and Decision Memorandum,
which is incorporated by reference by, and hereby adopted by, this
notice.\11\
---------------------------------------------------------------------------
\11\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
titled ``Issues and Decision Memorandum for the Final Determination
in the Antidumping Duty Investigation of Certain Uncoated Paper from
Australia'' (Issues and Decision Memorandum), dated concurrently
with this notice.
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A list of the issues raised is attached to this notice as Appendix
II. 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
it is available to all parties in the Central Records Unit, room B-8024
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 and
electronic versions of the Issues and Decision Memorandum are identical
in content.
[[Page 3109]]
Changes Since the Preliminary Determination
Based on our analysis of the comments received and Australian
Paper's withdrawal of participation from this investigation, we have
revised the margin for Australian Paper to reflect the application of
facts available with an adverse inference pursuant to sections
776(a)(2)(C) and (D) and 776(b) of the Act. We have also revised the
all-others rate. For a discussion of these changes, see the Issues and
Decision Memorandum at Comments 1, 2, and 3.
All Others Rate
Section 735(c)(5)(B) of the Act provides that, where the estimated
weighted-average dumping margins established for all exporters and
producers individually investigated are zero or de minimis, or are
determined entirely under section 776 of the Act, the Department may
use any reasonable method to establish the estimated all-others rate
for exporters and producers not individually investigated. Where the
sole individually investigated respondent's margin is based on total
AFA under section 776 of the Act, our practice under these
circumstances has been to assign as the all-others rate the simple
average of the margins in the petition,\12\ which we have done in this
final determination.\13\
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\12\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from
Turkey, 73 FR 5508, 5513-14 (January 30, 2008), unchanged in Notice
of Final Determination of Sales at Less Than Fair Value: Light-
Walled Rectangular Pipe and Tube from Turkey, 73 FR 19814, 19815
(April 11, 2008); see also Notice of Final Determination of Sales at
Less Than Fair Value and Affirmative Final Determination of Critical
Circumstances: Glycine from Japan, 72 FR 67271, 67272 (November 28,
2007).
\13\ See Issues and Decision Memorandum at Comment 3.
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Final Determination
The Department determines that the estimated final weighted-average
dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/Manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Paper Australia Pty. Ltd................................... 222.46
All Others................................................. 138.87
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed to interested parties
within five days of the public announcement of this final determination
in accordance with 19 CFR 351.224(b).
Final Affirmative Determination of Critical Circumstances, In Part
In the Preliminary Determination, the Department found that
critical circumstances did not exist with respect to imports of
uncoated paper from Australia from Australian Paper and all other
exporters or producers.\14\ Based on Australian Paper's withdrawal from
this investigation, and upon further analysis following the Preliminary
Determination, we are modifying our findings for the final
determination.
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\14\ See Preliminary Determination, 80 FR at 51784.
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Because we do not have verifiable shipment data from Australian
Paper, we must base our ``massive imports'' determination on the facts
available, pursuant to section 776(a) of the Act. Because Australian
Paper failed to cooperate by not acting to the best of its ability to
allow for verification of its sales and cost questionnaire responses,
we are making an adverse inference in selecting from the facts
available, pursuant to section 776(b) of the Act. Thus, in accordance
with section 776(b) of the Act, we have used an adverse inference in
applying facts available, and determine that there were massive imports
from Australian Paper over a relatively short period pursuant to
section 733(e)(1)(B) of the Act.\15\ We also find that Australian
Paper's dumping margin is sufficient to impute importer knowledge of
sales at less than fair value, and the International Trade Commission's
(ITC) preliminary injury determination is sufficient to impute the
likelihood of material injury, in accordance with section
733(e)(1)(A)(ii) of the Act. For those reasons, we determine that
critical circumstances exist for imports from Australia of uncoated
paper produced by Australian Paper. For a discussion of these changes,
see the Issues and Decision Memorandum at ``VI. Finding of Critical
Circumstances, In Part.''
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\15\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Certain Cut-To-Length Carbon-Quality Steel Plate
Products from Japan, 64 FR 73215 (December 29, 1999).
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However, we have not inferred, as AFA, that massive imports exist
for companies under the all-others category, because, unlike the
uncooperative company in question, the all-others companies have not
failed to cooperate in this investigation. Furthermore, the record
indicates that the only known producer of uncoated paper from Australia
is Australian Paper.\16\ Therefore, an adverse inference with respect
to finding a massive surge in imports by the all-others companies is
not appropriate. Therefore, we determine that critical circumstances do
not exist for imports of uncoated paper from Australia for companies in
the all-others category. For further discussion of this analysis, see
the Issues and Decision Memorandum at ``VI. Finding of Critical
Circumstances, In Part.''
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\16\ 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 8614 (February 18, 2015);
see also Initiation Checklist at 2.
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Continuation of Suspension of Liquidation
As noted above, for this final determination, the Department found
that critical circumstances exist with respect to imports of the
subject merchandise from Australian Paper. However, the Department did
not find that critical circumstances existed with respect to imports by
Australian Paper in the Preliminary Determination.\17\ Therefore, in
accordance with section 735(c)(4)(B) of the Act, the Department is
modifying the suspension of liquidation as announced in the Preliminary
Determination for Australian Paper. The Department will instruct U.S.
Customs and Border Protection (CBP) to suspend liquidation of entries
of uncoated paper from Australian Paper, as described in Appendix I of
this notice, to apply to unliquidated entries that were entered, or
withdrawn from warehouse, for consumption on or after May 28, 2015, 90
days prior to publication of the Preliminary Determination of this
investigation in the Federal Register, and require a cash deposit for
such entries equal to the estimated amount by which the normal value
exceeds the U.S. price as noted above for such unliquidated entries.
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\17\ See Preliminary Determination, 80 FR at 51784.
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Because we continue to find that critical circumstances do not
exist with respect to all others, in accordance with section
735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend
liquidation of all appropriate entries of uncoated paper from all
others, which were entered, or withdrawn from warehouse, for
consumption on or after August 26, 2015, the date of publication of the
Preliminary Determination in the Federal Register.
ITC Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States
[[Page 3110]]
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 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. 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
