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
<![CDATA[
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merchandise entered, or withdrawn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 https://enforcement.trade.gov/
frn/. 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 https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
9 See Letter from Petitioners titled, ‘‘Certain
Uncoated Paper From Australia, Brazil, The
People’s Republic of China, Indonesia, and
Portugal: Scope Rebuttal Brief,’’ dated October 20,
2015.
10 See the Department’s memorandum to the file
titled, ‘‘Less-Than-Fair-Value Investigations of
Certain Uncoated Paper from Australia, Brazil, the
People’s Republic of China, Indonesia, and
Portugal; and Countervailing Duty Investigations of
Certain Uncoated Paper from the People’s Republic
of China and Indonesia: Scope Comments Decision
Memorandum for the Final Determinations,’’ dated
January 8, 2016 (Final Scope Decision
Memorandum).
11 See Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, titled ‘‘Issues and Decision
Memorandum for the Final Determination in the
Antidumping Duty Investigation of Certain
Uncoated Paper from Australia’’ (Issues and
Decision Memorandum), dated concurrently with
this notice.
E:\FR\FM\20JAN1.SGM
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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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 https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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'').
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
