Certain Uncoated Paper From Indonesia: Final Determination of Sales at Less Than Fair Value, 3101-3104 [2016-01023]
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tkelley on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
submitted a notification of proposed
production activity to the FTZ Board for
its facilities in Asheboro and Candor,
North Carolina. The notification
conforming to the requirements of the
regulations of the FTZ Board (15 CFR
400.22) was received on January 5,
2016.
KFI currently has authority to conduct
cut-and-sew activity using certain
foreign micro-denier suede upholstery
fabrics to produce upholstered furniture
and related parts (upholstery cover sets)
on a restricted basis (see Board Order
1745, 76 FR 11426, March 2, 2011).
Board Order 1745 authorized the
production of upholstered furniture
(sofas, sleep sofas, and recliners) for a
five-year period, with a scope of
authority that only provides FTZ
savings on a limited quantity (5.79
million square yards per year) of foreign
origin, micro-denier suede upholstery
fabric finished with a hot caustic soda
solution process (i.e., authorized
fabrics). All foreign upholstery fabrics
other than micro-denier suede finished
with a hot caustic soda solution process
(i.e., unauthorized fabrics) used in KFI’s
production within Subzone 230D are
subject to full customs duties.
The current request seeks to extend
KFI’s existing FTZ authority indefinitely
(with no increase in the company’s
annual quantitative limit of 5.79 million
square yards) and to add foreign-status
leather and certain polyurethane-type
fabrics to the scope of authority. KFI has
also requested that the authority under
Board Order 1745 be revised by
modifying Condition #2 to allow KFI to
admit unauthorized fabrics to Subzone
230D in privileged foreign status (19
CFR 146.41), which would preclude any
change in customs classification
through transformation under FTZ
procedures. Pursuant to 15 CFR
400.14(b), additional FTZ authority
would be limited to the specific foreignstatus materials and components and
specific finished products described in
the submitted notification (as described
below) and subsequently authorized by
the FTZ Board.
Production under FTZ procedures
could exempt KFI from customs duty
payments on the foreign-status fabrics
used in export production. On its
domestic sales, KFI would be able to
apply the finished upholstery cover set
(i.e., furniture part) or finished furniture
duty rate (free) for the authorized fabrics
and the additional fabrics (indicated
below). Customs duties also could
possibly be deferred or reduced on
foreign-status production equipment.
Authority to admit imported fabrics to
Subzone 230D in non-privileged foreign
status (19 CFR 146.42)—under which
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the fabrics’ customs classification could
change through transformation under
FTZ procedures—would only involve
micro-denier suede upholstery fabrics
finished with a hot caustic soda solution
process (classified within HTSUS
Headings 5407, 5512, 5515, 5516, 5801,
5903, 6001, 6005, and 6006),
polyurethane fabrics backed with
ground leather (5903.20.2500),
upholstery leather (Heading 4107), and
wet coagulation process, 100 percent
polyurethane coated fabrics
(5903.20.2500), as detailed in the
notification (duty rate ranges from free
to 17.2%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is
February 29, 2016.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact Pierre
Duy at Pierre.Duy@trade.gov or (202)
482–1378.
Dated: January 13, 2016.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–01031 Filed 1–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–828]
Certain Uncoated Paper From
Indonesia: Final Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that certain
uncoated paper (uncoated paper) from
Indonesia is being, or is likely to be,
sold in the United States at less than fair
value (LTFV), as provided in section
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.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202)
482–6345.
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.
On October 30, 2015, we received
case briefs from Petitioners 2 and PT
Anugerah Kertas Utama/PT Riau
Andalan Kertas/APRIL Fine Paper
Macao Commercial Offshore Limited
(collectively, APRIL). On November 4,
2015, we received rebuttal briefs from
the same interested parties. On
November 12, 2015, we held a public
hearing at the request of Petitioners.
The Department is issuing a scope
comments decision memorandum for
the final determinations of the AD and
countervailing duty (CVD)
investigations of uncoated paper, which
is incorporated by reference in, and
hereby adopted by, this final
determination.3
Scope of the Investigation and Scope
Comments
The product covered by this
investigation is uncoated paper from
Indonesia. For a complete description of
the scope of this 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,
Inc. submitted its case brief on the scope
1 See Certain Uncoated Paper From Indonesia:
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 80 FR 51771 (August 26, 2015)
(Preliminary Determination).
2 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.
3 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).
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of the investigations.4 On October 19,
2015, American Greetings Corporation
(American Greetings) submitted its case
brief regarding the scope of the
investigations.5 On October 29, 2015,
Petitioners submitted their rebuttal brief
regarding the scope of the
investigations.6 The Department is
issuing a scope comments decision
memorandum for the final
determinations of the AD and CVD
investigations of uncoated paper, which
is incorporated by reference in, and
hereby adopted by, this final
determination.7 As explained in the
Final Scope Decision Memorandum, to
facilitate the scope’s administrability
and enforcement, we have clarified the
scope language such that uncoated
paper with ‘‘final printed content’’ is
excluded from the scope of the
investigations.
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.
Analysis of Comments Received
Changes Since the Preliminary
Determination
All issues raised in the case and
rebuttal briefs by 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.8 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
Verification
As provided in section 782(i) of the
Act, in September 2015, the Department
verified the sales and cost information
submitted by APRIL for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by APRIL.9
Based on our analysis of the
comments received and findings at
verification, we made certain changes to
the margin calculations for APRIL. For
a discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum. In
addition, we changed the dumping
margin assigned to two additional
mandatory respondents in this
investigation, Great Champ Trading
Limited (Great Champ) and Indah Kiat
Pulp & Paper TBK/Pabrik Kertas Tjiwi
Kimia/PT. Pindo Deli Pulp and Paper
Mills (APP/SMG). Because these
companies failed to respond to the
Department’s questionnaire, in the
Preliminary Determination, we based
the preliminary dumping margin for
these companies on adverse facts
available (AFA), in accordance with
sections 776(a) and (b) of the Act and 19
CFR 351.308. As AFA, we preliminarily
assigned a rate of 51.75 percent (i.e., the
highest transaction-specific dumping
margin for APRIL). For the final
determination, we assigned these
companies an AFA margin of 17.39
percent, which is the highest
transaction-specific dumping margin for
APRIL. For further discussion, see the
Issues and Decision Memorandum at
Comment 1. We also revised the allothers rate.
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 or de minimis margins, and
margins determined entirely under
section 776 of the Act. For the Final
Determination, the Department
calculated the ‘‘all-others’’ rate based on
APRIL’s final dumping margin of 2.05
percent.
Final Determination
The Department determines that the
final weighted-average dumping
margins are as follows:
Weighted-average
dumping margin
(percent)
Exporter/Manufacturer
Great Champ Trading Limited .....................................................................................................................................................
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT. Pindo Deli Pulp and Paper Mills (APP/SMG) .............................
April Fine Paper Macao Limited/PT Anugerah Kertas Utama/PT Riau Andalan Kertas (APRIL) ..............................................
All-Others .....................................................................................................................................................................................
Disclosure
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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).
4 See Letter to Secretary Pritzker, from Gartner
Studios, Inc., ‘‘Certain Uncoated Paper from
Australia, Brazil, the People’s Republic of China,
Indonesia, and Portugal: Case Brief’’ (October 2,
2015).
5 See Letter to Secretary Pritzker, from American
Greetings, ‘‘Certain Uncoated Paper from Australia,
Brazil, the People’s Republic of China, Indonesia,
and Portugal: Case Brief of American Greetings
Corporation’’ (October 19, 2015).
6 See Letter to Secretary Pritzker, from Petitioners,
‘‘Certain Uncoated Paper from Australia, Brazil, the
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17.39
17.39
2.05
2.05
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
uncoated paper from Indonesia, as
described in Appendix I of this notice,
which were entered, or withdrawn from
warehouse, for consumption on or after
August 26, 2015, the date of publication
of the preliminary determination of this
investigation in the Federal Register.
People’s Republic of China, Indonesia, and
Portugal: Scope Rebuttal Brief’’ (October 29, 2015).
7 See Final Scope Decision Memorandum.
8 See Memorandum to Paul Piquado, ‘‘Issues and
Decision Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Certain Uncoated Paper from
Indonesia’’ (January 8, 2016) (Issues and Decision
Memorandum).
9 See Memorandum to the File from Heidi K.
Schriefer and Ji Young Oh, Senior Accountants,
entitled ‘‘Verification of the Cost Response of
APRIL Fine Paper Macao Offshore Limited in the
Antidumping Duty Investigation of Certain
Uncoated Paper from Indonesia,’’ dated October 20,
2015; and Memorandum to the File from Blaine
Wiltse, Senior Analyst, entitled ‘‘Verification of the
Sales Response of PT Anugerah Kertas Utama
(AKU), PT Riau Andalan Kertas (RAK), and APRIL
Fine Paper Macao Commercial Offshore Limited
(AFPM) (collectively, APRIL) in the Antidumping
Duty Investigation of Certain Uncoated Paper from
Indonesia,’’ dated October 22, 2015.
Continuation of Suspension of
Liquidation
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Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
Further, CBP shall require a cash
deposit equal to the estimated amount
by which the normal value exceeds the
U.S. price, as follows: (1) The rate for
the mandatory respondents listed above
will be the respondent-specific rates we
determined in this final determination;
(2) if the exporter is not a firm identified
in this investigation, but the producer
is, the rate will be the rate established
for the producer of the subject
merchandise; and (3) the rate for all
other producers or exporters will be
2.05 percent.
Consistent with our practice,10 where
the product under investigation is also
subject to a concurrent CVD
investigation, we instruct CBP to require
a cash deposit less the amount of the
countervailing duty determined to
constitute an export subsidy.11
Therefore, in the event that a CVD order
is issued and suspension of liquidation
is resumed in the companion CVD
investigation on uncoated paper from
Indonesia, the Department will instruct
CBP to require cash deposits adjusted
for export subsidies, as appropriate,
found in the final determination of the
companion CVD investigation.
Specifically, for cash deposit purposes,
we will subtract from the applicable
cash deposit rate that portion of the
CVD rate attributable to the export
subsidies found in the final affirmative
countervailing duty determination for
each respondent (i.e., 57.78 percent for
Great Champ and APP/SMG).12 After
this adjustment, the resulting cash
deposit rates will be 0.00 percent for
Great Champ and APP/SMG. Because
the Department found no export
subsidies for APRIL, the cash deposit
rate for APRIL and firms covered by the
all-others rate will remain 2.05 percent.
The instructions suspending
liquidation will remain in effect until
further notice.
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10 The
Department terminated the suspension of
liquidation associated with the CVD investigation
effective October 27, 2015. See CBP message no.
5300305 dated October 27, 2015. Therefore, until
and unless suspension of liquidation is resumed,
we will not adjust the AD cash deposit rate for
collection of duties associated with export
subsidies.
11 See, e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Carbazole Violet Pigment
23 From India, 69 FR 67306, 67307 (November 17,
2004); and Notice of Final Determination of Sales
at Less Than Fair Value and Negative Critical
Circumstances Determination: Bottom Mount
Combination Refrigerator-Freezers From the
Republic of Korea, 77 FR 17413 (March 26, 2012).
12 See the Memorandum to the File, through
Shawn Thompson, Program Manager, Office II, AD/
CVD Operations, from Blaine Wiltse, Senior
Analyst, Office II, AD/CVD Operations, entitled,
‘‘Placing Information on the Record: Export
Subsidies Calculated in the Countervailing Duty
Final Determination of Certain Uncoated Paper
from Indonesia,’’ dated January 8, 2016.
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International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
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
is materially injured, or threatened with
material injury, by reason of imports of
uncoated paper from Indonesia 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 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
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 the 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
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.
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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,
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. Margin Calculations
V. List of Comments
VI. Discussion of Comments
Comment 1: Selection and Corroboration of
the AFA Rate for Great Champ and APP/
SMG
Comment 2: Stock Lot Sales
Comment 3: Unreported Home Market
Rebates
Comment 4: Additional Changes to
APRIL’s Margin Program
Comment 5: APRIL’s Variable and Fixed
Overhead Costs
Comment 6: APRIL’s Costs Associated with
Broke Paper
Comment 7: Adjustments to APRIL’s Cost
Reconciliation
‘‘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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Comment 8: Calculating APRIL’s Financial
Expenses
VII. Conclusion
[FR Doc. 2016–01023 Filed 1–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–829]
Certain Uncoated Paper From
Indonesia: 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
certain uncoated paper from Indonesia.
For information on the estimated
subsidy rates, see the ‘‘Final
Determination and Suspension of
Liquidation’’ section of this notice. The
period of investigation (POI) is January
1, 2014, through December 31, 2014.
DATES: Effective: January 20, 2016.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Brandon Custard,
Office II, 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)
482–4136 or (202) 482–1823,
respectively.
AGENCY:
Background
The events that occurred since the
Department published the Preliminary
Determination 1 on June 29, 2015, 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
tkelley on DSK4VPTVN1PROD with NOTICES
Certain Uncoated Paper From Indonesia:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Determination, 80 FR 36971 (June 29, 2015)
(Preliminary Determination), and accompanying
Decision Memorandum for the Preliminary
Affirmative Countervailing Duty Determination in
the Countervailing Duty Investigation of Certain
Uncoated Paper from Indonesia (Preliminary
Decision Memorandum).
2 See memorandum entitled, ‘‘Countervailing
Duty Investigation of Certain Uncoated Paper from
Indonesia: Issues and Decision Memorandum for
the Final Affirmative Determination,’’ dated
concurrently with this notice (Issues and Decision
Memorandum).
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Scope of the Investigation
The product covered by this
investigation is certain 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.
Final Determination and Suspension of
Liquidation
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
a rate for PT Anugrah Kertas Utama
(AKU) and APRIL Fine Paper Macao
Commercial Offshore Limited (AFPM)
(collectively, the APRIL 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 Great Champ’s
and IK’s/TK’s rates based entirely on
AFA in accordance with sections 776(a)
and (b) of the Act. Therefore, we used
the rate calculated for the APRIL
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 countervailable
subsidy rates to be:
Use of Facts Otherwise Available,
Including Adverse Inferences
SUPPLEMENTARY INFORMATION:
1 See
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.
For purposes of this final
determination, we continue to rely on
facts available and to draw an adverse
inference, in accordance with sections
776(a) and (b) of the Act, to determine
the subsidy rates for Great Champ
Trading Limited (Great Champ) and
Indah Kiat Pulp & Paper TBK (IK) and
Pabrik Kertas Tjiwi Kimia (TK) 3
because these companies failed to
participate in this investigation and the
Government of Indonesia (GOI) failed to
provide requested information with
respect to certain programs upon which
we initiated an investigation.4
3 We found IK, TK, and PT Pindo Deli Pulp and
Paper Mills to be cross-owned and, therefore, are
assigning them a single countervailing duty rate.
For further discussion, see Memorandum entitled,
‘‘Cross-Ownership of Asia Pulp and Paper/Sinar
Mas Group Companies: Countervailing Duty
Investigation of Uncoated Paper from Indonesia,’’
dated June 22, 2015.
4 See Issues and Decision Memorandum, at pages
3–9.
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Sfmt 4703
Company
APRIL Fine Paper Macao Commercial Offshore Limited/PT
Anugrah Kertas Utama/PT
Riau Andalan Kertas/PT
Intiguna Primatama/PT Riau
Andalan Pulp & Paper/PT
Esensindo Cipta Cemerlang
Great Champ Trading Limited ..
Indah Kiat Pulp & Paper TBK/
Pabrik Kertas Tjiwi Kimia/PT
Pindo Deli Pulp and Paper
Mills .......................................
All-Others ..................................
Subsidy rate
(percent)
21.22
104.00
109.15
21.22
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
Indonesia 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.
E:\FR\FM\20JAN1.SGM
20JAN1
]]>Agencies
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3101-3104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01023]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-828]
Certain Uncoated Paper From Indonesia: Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
certain uncoated paper (uncoated paper) from Indonesia is being, or is
likely to be, sold in the United States at less than fair value (LTFV),
as provided in section 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: Blaine Wiltse, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6345.
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.
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\1\ See Certain Uncoated Paper From Indonesia: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 80 FR 51771 (August 26, 2015) (Preliminary
Determination).
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On October 30, 2015, we received case briefs from Petitioners \2\
and PT Anugerah Kertas Utama/PT Riau Andalan Kertas/APRIL Fine Paper
Macao Commercial Offshore Limited (collectively, APRIL). On November 4,
2015, we received rebuttal briefs from the same interested parties. On
November 12, 2015, we held a public hearing at the request of
Petitioners.
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\2\ 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.
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The Department is issuing a scope comments decision memorandum for
the final determinations of the AD and countervailing duty (CVD)
investigations of uncoated paper, which is incorporated by reference
in, and hereby adopted by, this final determination.\3\
---------------------------------------------------------------------------
\3\ 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).
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Scope of the Investigation and Scope Comments
The product covered by this investigation is uncoated paper from
Indonesia. For a complete description of the scope of this
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, Inc. submitted its case brief
on the scope
[[Page 3102]]
of the investigations.\4\ On October 19, 2015, American Greetings
Corporation (American Greetings) submitted its case brief regarding the
scope of the investigations.\5\ On October 29, 2015, Petitioners
submitted their rebuttal brief regarding the scope of the
investigations.\6\ The Department is issuing a scope comments decision
memorandum for the final determinations of the AD and CVD
investigations of uncoated paper, which is incorporated by reference
in, and hereby adopted by, this final determination.\7\ As explained in
the Final Scope Decision Memorandum, to facilitate the scope's
administrability and enforcement, we have clarified the scope language
such that uncoated paper with ``final printed content'' is excluded
from the scope of the investigations.
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\4\ See Letter to Secretary Pritzker, from Gartner Studios,
Inc., ``Certain Uncoated Paper from Australia, Brazil, the People's
Republic of China, Indonesia, and Portugal: Case Brief'' (October 2,
2015).
\5\ See Letter to Secretary Pritzker, from American Greetings,
``Certain Uncoated Paper from Australia, Brazil, the People's
Republic of China, Indonesia, and Portugal: Case Brief of American
Greetings Corporation'' (October 19, 2015).
\6\ See Letter to Secretary Pritzker, from Petitioners,
``Certain Uncoated Paper from Australia, Brazil, the People's
Republic of China, Indonesia, and Portugal: Scope Rebuttal Brief''
(October 29, 2015).
\7\ See Final Scope Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by 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.\8\ 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.
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\8\ See Memorandum to Paul Piquado, ``Issues and Decision
Memorandum for the Final Affirmative Determination in the Less-Than-
Fair-Value Investigation of Certain Uncoated Paper from Indonesia''
(January 8, 2016) (Issues and Decision Memorandum).
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Verification
As provided in section 782(i) of the Act, in September 2015, the
Department verified the sales and cost information submitted by APRIL
for use in our final determination. We used standard verification
procedures, including an examination of relevant accounting and
production records, and original source documents provided by APRIL.\9\
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\9\ See Memorandum to the File from Heidi K. Schriefer and Ji
Young Oh, Senior Accountants, entitled ``Verification of the Cost
Response of APRIL Fine Paper Macao Offshore Limited in the
Antidumping Duty Investigation of Certain Uncoated Paper from
Indonesia,'' dated October 20, 2015; and Memorandum to the File from
Blaine Wiltse, Senior Analyst, entitled ``Verification of the Sales
Response of PT Anugerah Kertas Utama (AKU), PT Riau Andalan Kertas
(RAK), and APRIL Fine Paper Macao Commercial Offshore Limited (AFPM)
(collectively, APRIL) in the Antidumping Duty Investigation of
Certain Uncoated Paper from Indonesia,'' dated October 22, 2015.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and findings at
verification, we made certain changes to the margin calculations for
APRIL. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum. In
addition, we changed the dumping margin assigned to two additional
mandatory respondents in this investigation, Great Champ Trading
Limited (Great Champ) and Indah Kiat Pulp & Paper TBK/Pabrik Kertas
Tjiwi Kimia/PT. Pindo Deli Pulp and Paper Mills (APP/SMG). Because
these companies failed to respond to the Department's questionnaire, in
the Preliminary Determination, we based the preliminary dumping margin
for these companies on adverse facts available (AFA), in accordance
with sections 776(a) and (b) of the Act and 19 CFR 351.308. As AFA, we
preliminarily assigned a rate of 51.75 percent (i.e., the highest
transaction-specific dumping margin for APRIL). For the final
determination, we assigned these companies an AFA margin of 17.39
percent, which is the highest transaction-specific dumping margin for
APRIL. For further discussion, see the Issues and Decision Memorandum
at Comment 1. We also revised the all-others rate.
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 or de
minimis margins, and margins determined entirely under section 776 of
the Act. For the Final Determination, the Department calculated the
``all-others'' rate based on APRIL's final dumping margin of 2.05
percent.
Final Determination
The Department determines that the final weighted-average dumping
margins are as follows:
------------------------------------------------------------------------
Weighted-average
Exporter/Manufacturer dumping margin
(percent)
------------------------------------------------------------------------
Great Champ Trading Limited......................... 17.39
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi 17.39
Kimia/PT. Pindo Deli Pulp and Paper Mills (APP/SMG)
April Fine Paper Macao Limited/PT Anugerah Kertas 2.05
Utama/PT Riau Andalan Kertas (APRIL)...............
All-Others.......................................... 2.05
------------------------------------------------------------------------
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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of uncoated paper from
Indonesia, as described in Appendix I of this notice, which were
entered, or withdrawn from warehouse, for consumption on or after
August 26, 2015, the date of publication of the preliminary
determination of this investigation in the Federal Register.
[[Page 3103]]
Further, CBP shall require a cash deposit equal to the estimated
amount by which the normal value exceeds the U.S. price, as follows:
(1) The rate for the mandatory respondents listed above will be the
respondent-specific rates we determined in this final determination;
(2) if the exporter is not a firm identified in this investigation, but
the producer is, the rate will be the rate established for the producer
of the subject merchandise; and (3) the rate for all other producers or
exporters will be 2.05 percent.
Consistent with our practice,\10\ where the product under
investigation is also subject to a concurrent CVD investigation, we
instruct CBP to require a cash deposit less the amount of the
countervailing duty determined to constitute an export subsidy.\11\
Therefore, in the event that a CVD order is issued and suspension of
liquidation is resumed in the companion CVD investigation on uncoated
paper from Indonesia, the Department will instruct CBP to require cash
deposits adjusted for export subsidies, as appropriate, found in the
final determination of the companion CVD investigation. Specifically,
for cash deposit purposes, we will subtract from the applicable cash
deposit rate that portion of the CVD rate attributable to the export
subsidies found in the final affirmative countervailing duty
determination for each respondent (i.e., 57.78 percent for Great Champ
and APP/SMG).\12\ After this adjustment, the resulting cash deposit
rates will be 0.00 percent for Great Champ and APP/SMG. Because the
Department found no export subsidies for APRIL, the cash deposit rate
for APRIL and firms covered by the all-others rate will remain 2.05
percent.
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\10\ The Department terminated the suspension of liquidation
associated with the CVD investigation effective October 27, 2015.
See CBP message no. 5300305 dated October 27, 2015. Therefore, until
and unless suspension of liquidation is resumed, we will not adjust
the AD cash deposit rate for collection of duties associated with
export subsidies.
\11\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR
67306, 67307 (November 17, 2004); and Notice of Final Determination
of Sales at Less Than Fair Value and Negative Critical Circumstances
Determination: Bottom Mount Combination Refrigerator-Freezers From
the Republic of Korea, 77 FR 17413 (March 26, 2012).
\12\ See the Memorandum to the File, through Shawn Thompson,
Program Manager, Office II, AD/CVD Operations, from Blaine Wiltse,
Senior Analyst, Office II, AD/CVD Operations, entitled, ``Placing
Information on the Record: Export Subsidies Calculated in the
Countervailing Duty Final Determination of Certain Uncoated Paper
from Indonesia,'' dated January 8, 2016.
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The instructions suspending liquidation will remain in effect until
further notice.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the 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 is materially injured, or threatened with material injury, by
reason of imports of uncoated paper from Indonesia 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 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 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 the 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. Margin Calculations
V. List of Comments
VI. Discussion of Comments
Comment 1: Selection and Corroboration of the AFA Rate for Great
Champ and APP/SMG
Comment 2: Stock Lot Sales
Comment 3: Unreported Home Market Rebates
Comment 4: Additional Changes to APRIL's Margin Program
Comment 5: APRIL's Variable and Fixed Overhead Costs
Comment 6: APRIL's Costs Associated with Broke Paper
Comment 7: Adjustments to APRIL's Cost Reconciliation
[[Page 3104]]
Comment 8: Calculating APRIL's Financial Expenses
VII. Conclusion
[FR Doc. 2016-01023 Filed 1-19-16; 8:45 am]
BILLING CODE 3510-DS-P
