Certain Uncoated Paper From Portugal: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 3105-3108 [2016-01024]

Download as PDF Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices In accordance with section 703(d) of the Act, we later issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after October 27, 2015, but to continue the suspension of liquidation of all entries from June 29, 2015, through October 26, 2015, as appropriate. We will issue a CVD order and reinstate the suspension of liquidation in accordance with our final determination and under section 706(a) of the Act if the United States International Trade Commission (ITC) issues a final affirmative injury determination, and we will instruct CBP to require a cash deposit of estimated countervailing duties for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited as a result of the suspension of liquidation will be refunded. International Trade Commission (ITC) Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. tkelley on DSK4VPTVN1PROD with NOTICES Return or Destruction of Proprietary Information This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. VerDate Sep<11>2014 18:12 Jan 19, 2016 Jkt 238001 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 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 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. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 3105 II. Background III. Use of Facts Otherwise Available IV. Subsidies Valuation V. Analysis of Programs VI. Analysis of Comments 1. Adverse Facts Available for Great Champ 2. Whether the Stumpage Program Meets the Specificity Requirement 3. Whether the Stumpage Program Applies to Purchases of Felled Trees 4. Whether To Include APRIL’s Harvest of Mixed Hardwood Timber in Calculating Countervailable Benefits 5. Whether To Use Malaysian Stumpage Fees as a Benchmark 6. Whether the Log Export Ban Constitutes a Countervailable Subsidy 7. Selection of Timber Benchmark Values 8. Adjustments to Log Benchmark Values 9. Corrections and Revisions to APRIL’s Log Harvesting and Purchase Data 10. Whether APRIL Received a Countervailable Debt Forgiveness Benefit 11. Whether APRIL Received a Countervailable Benefit for Preferential Loans 12. Uncreditworthiness VII. Recommendation [FR Doc. 2016–01026 Filed 1–19–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–471–807] Certain Uncoated Paper From Portugal: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) determines that certain uncoated paper (‘‘uncoated paper’’) from Portugal is being, or is likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 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: Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593. SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\20JAN1.SGM 20JAN1 3106 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / 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. Between September and December 2015, the Department received supplemental questionnaire responses and revised databases from Portucel S.A. (‘‘Portucel’’), the sole mandatory respondent in this investigation. On December 4, 2015, Petitioners2 and Portucel submitted properly filed case briefs.3 On December 9, 2015, Petitioners and Portucel submitted properly filed rebuttal briefs.4 Scope of the Investigation and Scope Comments tkelley on DSK4VPTVN1PROD with NOTICES The product covered by this investigation is uncoated paper from Portugal. 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 a case brief regarding the scope of the investigations. On October 19, 2015, American Greetings Corporation (‘‘American Greetings’’) submitted a case brief regarding the scope of the investigations.5 On October 29, 2015, Petitioners submitted a rebuttal brief regarding the scope of the investigations.6 The Department is issuing a scope comments decision 1 See Certain Uncoated Paper From Portugal: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 51777 (August 26, 2015) (‘‘Preliminary Determination’’). 2 Petitioners are United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union; Domtar Corporation; Finch Paper LLC; P.H. Glatfelter Company; and Packaging Corporation of America. 3 See Letter to the Secretary of Commerce from Petitioners ‘‘Case Brief Submitted on behalf of Petitioners’’ (December 7, 2015, 2015) (‘‘Petitioners’ Case Brief’’); Letter to the Secretary of Commerce from Portucel ‘‘Case Brief of Portucel, S.A. and Portucel Soporcel N.A.’’ (December 4, 2015) (‘‘Portucel’s Case Brief’’). 4 See Letter to the Secretary of Commerce from Petitioners ‘‘Rebuttal Brief Submitted on behalf of Petitioners’’ (December 9, 2015) (‘‘Petitioners’ Rebuttal Brief’’); Letter to the Secretary of Commerce from Portucel ‘‘Portucel’s Rebuttal Brief’’ (December 1, 2015) (‘‘Portucel’s Rebuttal Brief’’). 5 See Letter to the Secretary of Commerce 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 the Secretary of Commerce from Petitioners ‘‘Certain Uncoated Paper From Australia, Brazil, The People’s Republic of China, Indonesia, and Portugal: Scope Rebuttal Brief’’ (October 20, 2015). VerDate Sep<11>2014 18:12 Jan 19, 2016 Jkt 238001 memorandum for the final determinations of the AD and countervailing duty 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. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, which is 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 http://enforcement.trade.gov/ frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Verification As provided in section 782(i) of the Act, in September and October 2015, the Department verified the sales and cost data reported by Portucel, pursuant to section 782(i) of the Act. We used standard verification procedures, including an examination of relevant accounting and production records, and 7 See the Department’s Memorandum to the File ‘‘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’’). 8 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations ‘‘Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Certain Uncoated Paper from Portugal’’ (January 8, 2016) (‘‘Issues and Decision Memorandum’’). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 original source documents provided by Portucel.9 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for Portucel. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Issues and Decision Memorandum. We have 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. Portucel is the only respondent for which the Department calculated a companyspecific rate. Therefore, for purposes of determining the all-others rate and pursuant to section 735(c)(5)(A) of the Act, we are using the dumping margin calculated for Portucel, as referenced in the ‘‘Final Determination’’ section below. Final Determination The Department determines that the final weighted-average dumping margins are as follows: 9 See Memorandum to the File, through Neal Halper, Office Director, and Taija Slaughter, Lead Accountant, from Stephanie Arthur, Senior Accountant, ‘‘Verification of the Cost Response of Portucel S.A. in the Antidumping Duty Investigation of Uncoated Paper from Portugal’’ (November 12, 2015); Memorandum to the File, through Catherine Bertrand, Program Manager, Office V, from Kabir Archuletta and Frances Veith, Senior International Trade Analysts, ‘‘Verification of Home Market Sales of Portucel S.A. (‘Portucel’) in the Antidumping Duty Investigation of Certain Uncoated Paper from Portugal’’ (November 24, 2015); Memorandum to the File, through Catherine Bertrand, Program Manager, Office V, from Kabir Archuletta and Frances Veith, Senior International Trade Analysts, ‘‘Verification of U.S. Sales of Portucel S.A. (‘Portucel’) in the Antidumping Duty Investigation of Certain Uncoated Paper from Portugal’’ (November 24, 2015). 10 In the Preliminary Determination we found that Portucel is affiliated with sales subsidiaries Portucel Soporcel Lusa, Unipessoal, Lda. (‘‘Lusa’’), and Portucel Soporcel Fine Paper, S.A. (‘‘Fine Paper’’), production subsidiaries About the Future, S.A. (‘‘About the Future’’), Portucel Papel Setubal, S.A. (‘‘Setubal’’), and Soporcel, Sociedade Portuguesa de Papel, S.A. (‘‘Soporcel’’) and U.S. subsidiary Portucel Soporcel North America, Inc., pursuant to sections 771(33)(B), (E) and (F) of the Act, and that Portucel, Fine Paper, Lusa, About the Future, Setubal and Soporcel are a single entity for purposes of the Department’s analysis in this investigation, in accordance with 19 CFR 351.401(f). See Preliminary Determination and accompanying Decision Memorandum at 4–5; E:\FR\FM\20JAN1.SGM 20JAN1 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices exporters will be 7.80 percent. These instructions suspending liquidation will remain in effect until further notice. Because of our negative determination 10 ............. Portucel S.A. 7.80 of critical circumstances, we will All-Others ...................... 7.80 instruct CBP to refund all cash deposits posted on merchandise under Disclosure consideration from Portugal entered, or We will disclose the calculations withdrawn from warehouse for performed to interested parties within consumption, prior to August 26, 2015 five days of the public announcement of (i.e., the date of publication of the this final determination in accordance Preliminary Determination). with 19 CFR 351.224(b). ITC Notification Final Negative Determination of In accordance with section 735(d) of Critical Circumstances the Act, we will notify the ITC of the On November 4, 2015, the Department final affirmative determination of sales found that critical circumstances exist at LTFV. Because the final with respect to imports of uncoated determination in this proceeding is paper from Portugal from Portucel and affirmative, in accordance with section 11 Based all other exporters or producers. 735(b)(2) of the Act, the ITC will make on Portucel’s final dumping margin and its final determination as to whether the further analysis following the domestic industry in the United States Preliminary Critical Circumstances is materially injured, or threatened with Determination, we are modifying our material injury, by reason of imports of findings for the final determination. For uncoated paper from Portugal no later a complete discussion of this issue, see than 45 days after our final the ‘‘Negative Finding of Critical determination. If the ITC determines Circumstances’’ section of the Issues that material injury or threat of material and Decision Memorandum. injury does not exist, the proceeding will be terminated and all cash deposits Continuation of Suspension of will be refunded. If the ITC determines Liquidation that such injury does exist, the In accordance with section Department will issue an antidumping 735(c)(1)(B) of the Act, the Department duty order directing CBP to assess, upon will instruct U.S. Customs and Border further instruction by the Department, Protection (‘‘CBP’’) to continue to antidumping duties on all imports of the suspend liquidation of all appropriate entries of uncoated paper from Portugal, subject merchandise entered, or withdrawn from warehouse, for as described in Appendix I of this consumption on or after the effective notice, which were entered, or date of the suspension of liquidation. withdrawn from warehouse, for consumption on or after August 26, Notification Regarding Administrative 2015, the date of publication of the Protective Orders (‘‘APO’’) Preliminary Determination of this This notice serves as a reminder to investigation in the Federal Register. parties subject to APO of their Further, CBP shall require a cash responsibility concerning the deposit equal to the estimated amount disposition of proprietary information by which the normal value exceeds the disclosed under APO in accordance U.S. price, as follows: (1) The rate for with 19 CFR 351.305(a)(3). Timely Portucel will be the rate we determined notification of the return or destruction in this final determination; (2) if the of APO materials, or conversion to exporter is not a firm identified in this judicial protective order, is hereby investigation but the producer is, the requested. Failure to comply with the rate will be the rate established for the producer of the subject merchandise; (3) regulations and the terms of an APO is a violation subject to sanction. the rate for all other producers or This determination and this notice are issued and published pursuant to Memorandum to the File from Kabir Archuletta, sections 735(d) and 777(i)(1) of the Act. Senior International Trade Analyst, Office V, tkelley on DSK4VPTVN1PROD with NOTICES Exporter/Manufacturer Weighted-average dumping margin (percent) through Catherine Bertrand, Program Manager, Office V ‘‘Preliminary Affiliation Memorandum’’ (August 19, 2015). Because no interested parties submitted comments on this issue, the Department’s determination remains unchanged for this final determination. 11 See Certain Uncoated Paper From Portugal: Preliminary Affirmative Determination of Critical Circumstances in the Antidumping Duty Investigation, 80 FR 68293, 68294–5 (November 4, 2015) (‘‘Preliminary Critical Circumstances Determination’’). VerDate Sep<11>2014 18:12 Jan 19, 2016 Jkt 238001 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 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 3107 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 level1 of 85 or higher or is a colored paper; whether or not surfacedecorated, printed (except as described below), embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions (‘‘Certain Uncoated Paper’’). Certain Uncoated Paper includes (a) uncoated free sheet paper that meets this scope definition; (b) uncoated ground wood paper produced from bleached chemithermo-mechanical pulp (‘‘BCTMP’’) that meets this scope definition; and (c) any other uncoated paper that meets this scope definition regardless of the type of pulp used to produce the paper. Specifically excluded from the scope are (1) paper printed with final content of printed text or graphics and (2) lined paper products, typically school supplies, composed of paper that incorporates straight horizontal and/or vertical lines that would make the paper unsuitable for copying or printing purposes. For purposes of this scope definition, paper shall be considered ‘‘printed with final content’’ where at least one side of the sheet has printed text and/ or graphics that cover at least five percent of the surface area of the entire sheet. Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) categories 4802.56.1000, 4802.56.2000, 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: Water Supplied by Portucel’s Affiliated Pulp Mills Comment 2: Purchases of Eucalyptus Pulp From Affiliates 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. E:\FR\FM\20JAN1.SGM 20JAN1 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). VerDate Sep<11>2014 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 Frm 00015 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 http://enforcement.trade.gov/ frn/index.html. 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 20JAN1

Agencies

[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3105-3108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01024]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-471-807]


Certain Uncoated Paper From Portugal: Final Determination of 
Sales at Less Than Fair Value and Final Negative Determination of 
Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: The Department of Commerce (``the Department'') determines 
that certain uncoated paper (``uncoated paper'') from Portugal is 
being, or is likely to be, sold in the United States at less than fair 
value (``LTFV''), as provided in section 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: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593.

SUPPLEMENTARY INFORMATION:

[[Page 3106]]

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 Portugal: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 80 FR 51777 (August 26, 2015) (``Preliminary 
Determination'').
---------------------------------------------------------------------------

    Between September and December 2015, the Department received 
supplemental questionnaire responses and revised databases from 
Portucel S.A. (``Portucel''), the sole mandatory respondent in this 
investigation.
    On December 4, 2015, Petitioners\2\ and Portucel submitted properly 
filed case briefs.\3\ On December 9, 2015, Petitioners and Portucel 
submitted properly filed rebuttal briefs.\4\
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    \2\ Petitioners are United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union; Domtar Corporation; Finch Paper LLC; P.H. 
Glatfelter Company; and Packaging Corporation of America.
    \3\ See Letter to the Secretary of Commerce from Petitioners 
``Case Brief Submitted on behalf of Petitioners'' (December 7, 2015, 
2015) (``Petitioners' Case Brief''); Letter to the Secretary of 
Commerce from Portucel ``Case Brief of Portucel, S.A. and Portucel 
Soporcel N.A.'' (December 4, 2015) (``Portucel's Case Brief'').
    \4\ See Letter to the Secretary of Commerce from Petitioners 
``Rebuttal Brief Submitted on behalf of Petitioners'' (December 9, 
2015) (``Petitioners' Rebuttal Brief''); Letter to the Secretary of 
Commerce from Portucel ``Portucel's Rebuttal Brief'' (December 1, 
2015) (``Portucel's Rebuttal Brief'').
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Scope of the Investigation and Scope Comments

    The product covered by this investigation is uncoated paper from 
Portugal. 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 a case brief 
regarding the scope of the investigations. On October 19, 2015, 
American Greetings Corporation (``American Greetings'') submitted a 
case brief regarding the scope of the investigations.\5\ On October 29, 
2015, Petitioners submitted a 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 countervailing 
duty 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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    \5\ See Letter to the Secretary of Commerce 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 the Secretary of Commerce from Petitioners 
``Certain Uncoated Paper From Australia, Brazil, The People's 
Republic of China, Indonesia, and Portugal: Scope Rebuttal Brief'' 
(October 20, 2015).
    \7\ See the Department's Memorandum to the File ``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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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum, 
which is 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 http://enforcement.trade.gov/frn/index.html. 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, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations 
``Issues and Decision Memorandum for the Final Determination of the 
Antidumping Duty Investigation of Certain Uncoated Paper from 
Portugal'' (January 8, 2016) (``Issues and Decision Memorandum'').
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Verification

    As provided in section 782(i) of the Act, in September and October 
2015, the Department verified the sales and cost data reported by 
Portucel, pursuant to section 782(i) of the Act. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by Portucel.\9\
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    \9\ See Memorandum to the File, through Neal Halper, Office 
Director, and Taija Slaughter, Lead Accountant, from Stephanie 
Arthur, Senior Accountant, ``Verification of the Cost Response of 
Portucel S.A. in the Antidumping Duty Investigation of Uncoated 
Paper from Portugal'' (November 12, 2015); Memorandum to the File, 
through Catherine Bertrand, Program Manager, Office V, from Kabir 
Archuletta and Frances Veith, Senior International Trade Analysts, 
``Verification of Home Market Sales of Portucel S.A. (`Portucel') in 
the Antidumping Duty Investigation of Certain Uncoated Paper from 
Portugal'' (November 24, 2015); Memorandum to the File, through 
Catherine Bertrand, Program Manager, Office V, from Kabir Archuletta 
and Frances Veith, Senior International Trade Analysts, 
``Verification of U.S. Sales of Portucel S.A. (`Portucel') in the 
Antidumping Duty Investigation of Certain Uncoated Paper from 
Portugal'' (November 24, 2015).
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Portucel. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum. We have 
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. Portucel is the only respondent for which the Department 
calculated a company-specific rate. Therefore, for purposes of 
determining the all-others rate and pursuant to section 735(c)(5)(A) of 
the Act, we are using the dumping margin calculated for Portucel, as 
referenced in the ``Final Determination'' section below.

Final Determination

    The Department determines that the final weighted-average dumping 
margins are as follows:
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    \10\ In the Preliminary Determination we found that Portucel is 
affiliated with sales subsidiaries Portucel Soporcel Lusa, 
Unipessoal, Lda. (``Lusa''), and Portucel Soporcel Fine Paper, S.A. 
(``Fine Paper''), production subsidiaries About the Future, S.A. 
(``About the Future''), Portucel Papel Setubal, S.A. (``Setubal''), 
and Soporcel, Sociedade Portuguesa de Papel, S.A. (``Soporcel'') and 
U.S. subsidiary Portucel Soporcel North America, Inc., pursuant to 
sections 771(33)(B), (E) and (F) of the Act, and that Portucel, Fine 
Paper, Lusa, About the Future, Setubal and Soporcel are a single 
entity for purposes of the Department's analysis in this 
investigation, in accordance with 19 CFR 351.401(f). See Preliminary 
Determination and accompanying Decision Memorandum at 4-5; 
Memorandum to the File from Kabir Archuletta, Senior International 
Trade Analyst, Office V, through Catherine Bertrand, Program 
Manager, Office V ``Preliminary Affiliation Memorandum'' (August 19, 
2015). Because no interested parties submitted comments on this 
issue, the Department's determination remains unchanged for this 
final determination.

[[Page 3107]]



------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/Manufacturer                   dumping margin
                                                           (percent)
------------------------------------------------------------------------
Portucel S.A. \10\..................................                7.80
All-Others..........................................                7.80
------------------------------------------------------------------------

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 Negative Determination of Critical Circumstances

    On November 4, 2015, the Department found that critical 
circumstances exist with respect to imports of uncoated paper from 
Portugal from Portucel and all other exporters or producers.\11\ Based 
on Portucel's final dumping margin and further analysis following the 
Preliminary Critical Circumstances Determination, we are modifying our 
findings for the final determination. For a complete discussion of this 
issue, see the ``Negative Finding of Critical Circumstances'' section 
of the Issues and Decision Memorandum.
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    \11\ See Certain Uncoated Paper From Portugal: Preliminary 
Affirmative Determination of Critical Circumstances in the 
Antidumping Duty Investigation, 80 FR 68293, 68294-5 (November 4, 
2015) (``Preliminary Critical Circumstances Determination'').
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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 Portugal, 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.
    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 Portucel will be the rate 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; (3) the rate 
for all other producers or exporters will be 7.80 percent. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Because of our negative determination of critical circumstances, we 
will instruct CBP to refund all cash deposits posted on merchandise 
under consideration from Portugal entered, or withdrawn from warehouse 
for consumption, prior to August 26, 2015 (i.e., the date of 
publication of the Preliminary Determination).

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 Portugal 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 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: Water Supplied by Portucel's Affiliated Pulp Mills
    Comment 2: Purchases of Eucalyptus Pulp From Affiliates

[[Page 3108]]

    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