Certain Uncoated Paper From Australia, Brazil, Indonesia, the People's Republic of China, and Portugal: Amended Final Affirmative Antidumping Determinations for Brazil and Indonesia and Antidumping Duty Orders, 11174-11177 [2016-04699]
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11174
Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices
ITC notified the Department of its
affirmative determinations that an
industry in the United States is
Dated: February 26, 2016.
materially injured within the meaning
Andrew McGilvray,
of section 735(b)(1)(A)(i) of the Act, by
Executive Secretary.
reason of the LTFV imports of certain
[FR Doc. 2016–04715 Filed 3–2–16; 8:45 am]
uncoated paper from Australia, Brazil,
BILLING CODE 3510–DS–P
Indonesia, the PRC, and Portugal and its
determination that critical
circumstances do not exist with respect
DEPARTMENT OF COMMERCE
to imports of subject merchandise from
Australia that are subject to the
International Trade Administration
Department’s affirmative critical
[A–602–807, A–351–842, A–560–828, A–570– circumstances finding.2
FTZ Act and the Board’s regulations,
including Section 400.14.
022, A–471–807]
Scope of the Orders
Certain Uncoated Paper From
Australia, Brazil, Indonesia, the
People’s Republic of China, and
Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil
and Indonesia and Antidumping Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (the
ITC), the Department is issuing
antidumping duty orders on certain
uncoated paper from Australia, Brazil,
Indonesia, the People’s Republic of
China (PRC), and Portugal. Also, as
explained in this notice, the Department
is amending its final affirmative
determinations with respect to Brazil
and Indonesia.
DATES: Effective Date: March 3, 2016.
FOR FURTHER INFORMATION CONTACT: Eve
Wang at (202) 482–6231 (Australia),
Julia Hancock at (202) 482–1394
(Brazil), Blaine Wiltse at (202) 482–6345
(Indonesia), Stephanie Moore at (202)
482–3692 (PRC), or Kabir Archuletta at
(202) 482–2593 (Portugal), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), on January 20, 2016, the
Department published its affirmative
final determinations in the less-thanfair-value (LTFV) investigations of
certain uncoated paper from Australia,
Brazil, Indonesia, the PRC, and
Portugal.1 On February 22, 2016, the
1 See
Certain Uncoated Paper From Australia:
Final Determination of Sales at Less Than Fair
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The scope of these orders 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 3 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).
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
Value and Affirmative Final Determination of
Critical Circumstances, In Part, 81 FR 3108 (January
20, 2016) (Australia Final); Certain Uncoated Paper
From Brazil: Final Determination of Sales at Less
Than Fair Value, 81 FR 3115 (January 20, 2016)
(Brazil Final); Certain Uncoated Paper From
Indonesia: Final Determination of Sales at Less
Than Fair Value; 81 FR 3101 (January 20, 2016)
(Indonesia Final); Certain Uncoated Paper From the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value, 81 FR 3112 (January
20, 2016) (PRC Final); and Certain Uncoated Paper
From Portugal: Final Determination of Sales at Less
Than Fair Value and Final Negative Determination
of Critical Circumstances, 81 FR 3105 (January 20,
2016) (Portugal Final).
2 See Letter to Christian Marsh, Deputy Assistant
Secretary of Commerce for Enforcement and
Compliance, from Meredith Broadbent, Chairman of
the U.S. International Trade Commission, regarding
certain uncoated paper from Australia, Brazil,
China, Indonesia, and Portugal (February 22, 2016)
(ITC Letter). See also Certain Uncoated Paper from
Australia, Brazil, China, Indonesia, and Portugal,
USITC Investigation Nos. 701–TA–528–529 and
731–TA–1264–1268 (Final), USITC Publication
4592 (February 2016).
3 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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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
orders is dispositive.
Amendment to Final Determinations
A ministerial error is defined as an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.4
Brazil Amended Final Determination
Pursuant to section 735(e) of the Act
and 19 CFR 351.224(e) and (f), the
Department is amending the Brazil Final
to reflect the correction of a ministerial
error it made in the final margin
assigned to one of the respondents. In
addition, because the Department
calculated the ‘‘all-others’’ rate based on
a weighted-average of the respondents’
margins using publicly-ranged
quantities for their sales of subject
merchandise, we have revised the allothers rate.5
4 See
section 735(e) of the Act.
the ‘‘Estimated Weighted-Average Dumping
Margins’’ section below.
5 See
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices
On January 19, 2016, Petitioners
submitted a ministerial error allegation
claiming that the Department made a
ministerial error with regard to one of
the respondent’s bank charges, and the
SAS programming which implemented
the bank charge at issue. The
Department reviewed the record and
agrees that we made ministerial errors
within the meaning of Section 735(e)
and 19 CFR 351.224(f). Specifically, the
Department made an unintentional error
with regard to one of the respondent’s
bank charges and SAS programming
which implemented the bank charge at
issue.6 We have corrected these errors in
this notice.
Indonesia Amended Final
Determination
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Pursuant to section 735(e) of the Act
and 19 CFR 351.224(e) and (f), the
Department is amending the Indonesia
Final to reflect the correction of
ministerial errors it made in the final
margin assigned to the sole cooperative
respondent. In addition, because the
Department applied the respondent’s
final margin to the ‘‘all-others’’ rate and
further, relied on the highest
transaction-specific dumping margin as
adverse facts available, we have revised
the other final rates.7
On January 19, 2016, PT Anugerah
Kertas Utama/PT Riau Andalan Kertas/
APRIL Fine Paper Macao Commercial
Offshore Limited (collectively, APRIL)
submitted timely filed allegations that
the Department made ministerial errors
in our final determination. On January
21, 2016, Petitioners submitted rebuttal
comments on APRIL’s allegations.
APRIL alleged the Department made
two ministerial errors in its final
determination: The exclusion of
APRIL’s home market billing
adjustments and an inconsistency in the
Department’s calculation of APRIL’s
difference in merchandise adjustment
(DIFMER). The Department reviewed
the record and agrees that we made
ministerial errors within the meaning of
section 735(e) of the Act and 19 CFR
351.224(f). Specifically, the Department
made unintentional errors with regard
to the exclusion of APRIL’s home
market billing adjustments and with
regard to the calculation of APRIL’s
6 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Paul Walker,
Program Manager, Office V, ‘‘Antidumping Duty
Investigation of Certain Uncoated Paper from Brazil:
Analysis of Ministerial Error Allegation,’’ dated
concurrently with this notice.
7 See the ‘‘Estimated Weighted-Average Dumping
Margins’’ section below.
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DIFMER.8 We have corrected these
errors in this notice.
Antidumping Duty Orders
As stated above, on February 22,
2016, in accordance with section 735(d)
of the Act, the ITC notified the
Department of its final determinations
in these investigations, in which it
found material injury with respect to
certain uncoated paper from Australia,
Brazil, Indonesia, the PRC, and Portugal
and its determination that critical
circumstances do not exist with respect
to imports of subject merchandise from
Australia that are subject to the
Department’s affirmative critical
circumstances finding.9 Therefore, in
accordance with section 735(c)(2) of the
Act, we are issuing these antidumping
duty orders. Because the ITC
determined that imports of certain
uncoated paper from Australia, Brazil,
Indonesia, the PRC, and Portugal are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from Australia, Brazil,
Indonesia, the PRC, and Portugal,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, the Department will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by the Department,
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price
(or constructed export price) of the
merchandise, for all relevant entries of
certain uncoated paper from Australia,
Brazil, Indonesia, the PRC, and Portugal.
Antidumping duties will be assessed on
unliquidated entries of certain uncoated
paper from Australia, Indonesia, the
PRC, and Portugal entered, or
withdrawn from warehouse, for
consumption on or after August 26,
2015, and in the case of Brazil, on
August 27, 2015, the date of publication
of the preliminary determinations,10 but
8 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Melissa G.
Skinner, Director, Office II, ‘‘Less-Than-Fair-Value
Investigation of Certain Uncoated Paper from
Indonesia: Allegations of Ministerial Errors in the
Final Determination,’’ dated February 17, 2016.
9 See ITC Letter.
10 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)
(Australia Prelim); Certain Uncoated Paper From
Brazil: Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final
Determination, 80 FR 52029 (August 27, 2015)
(Brazil Prelim); Certain Uncoated Paper From
Indonesia: Preliminary Determination of Sales at
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11175
will not include entries occurring after
the expiration of the provisional
measures period and before publication
of the ITC’s final injury determination
as further described below.
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on all relevant entries of certain
uncoated paper from Australia, Brazil,
Indonesia, the PRC, and Portugal. These
instructions suspending liquidation will
remain in effect until further notice.
We will also instruct CBP to require
cash deposits equal to the amounts as
indicated below. Accordingly, effective
on the date of publication of the ITC’s
final affirmative injury determinations,
CBP will require, at the same time as
importers would normally deposit
estimated duties on this subject
merchandise, a cash deposit equal to the
estimated weighted-average dumping
margins listed below.11 The relevant allothers and PRC-wide rates apply to all
producers or exporters not specifically
listed, as appropriate. For the purpose of
determining cash deposit rates, the
estimated weighted-average dumping
margins for imports of subject
merchandise from Indonesia and the
PRC will be adjusted, as appropriate, for
export subsidies found in the final
determinations of the companion
countervailing duty investigations of
this merchandise imported from
Indonesia and the PRC.12 13
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of exporters that
account for a significant proportion of
Less Than Fair Value and Postponement of Final
Determination, 80 FR 51771 (August 26, 2015)
(Indonesia Prelim); Certain Uncoated Paper From
the People’s Republic of China: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 80 FR 51768
(August 26, 2015) (PRC Prelim); and 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) (Portugal Prelim).
11 See section 736(a)(3) of the Act.
12 See Indonesia Final, 81 FR 3103; see also, PRC
Final, 81 FR, at 3114.
13 We are not adjusting the PRC rates for
estimated domestic subsidy pass-through because
there is no cost-to-price linkage to a subsidized
program and, thus, we have no basis upon which
to make such an adjustment in that case.
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices
certain uncoated paper from Australia,
Brazil, Indonesia, the PRC, and Portugal,
we extended the four-month period to
six months in each case.14 In the
underlying investigations, the
Department published the preliminary
determinations on August 26, 2015, and
August 27, 2015. Therefore, the
extended period, beginning on the date
of publication of the preliminary
determinations, ended on February 21,
2016, and in the case of Brazil, on
February 22, 2016. Furthermore, section
737(b) of the Act states that definitive
duties are to begin on the date of
publication of the ITC’s final injury
determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of certain uncoated paper from
Australia, Indonesia, the PRC, and
Portugal entered, or withdrawn from
warehouse, for consumption after
February 21, 2016, and in the case of
Brazil, on February 22, 2016, the dates
on which the provisional measures
expired, until and through the day
preceding the date of publication of the
ITC’s final injury determinations in the
Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of subject merchandise from
Australia, we will instruct CBP to lift
suspension and to refund any cash
deposits made to secure the payment of
estimated antidumping duties with
respect to entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after May 28,
2015 (i.e., 90 days prior to the date of
publication of the Australia Prelim), but
before August 26, 2015, (i.e., the date of
publication of the Australia Prelim).
Estimated Weighted-Average Dumping
Margins
The weighted-average antidumping
duty margin percentages are as follows:
Weightedaverage
dumping
margin
(percent)
Exporter/manufacturer
Australia:
Paper Australia Pty. Ltd ...............................................................................................................................................................
All Others ......................................................................................................................................................................................
Brazil:
International Paper do Brasil Ltda. and International Paper Exportadora Ltda.15 ......................................................................
Suzano Papel e Celulose S.A ......................................................................................................................................................
All Others ......................................................................................................................................................................................
Exporter/
manufacturer
Indonesia:
Great Champ Trading Limited ..........................................................................................................................
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT. Pindo Deli Pulp and Paper Mills (APP/SMG) ..
April Fine Paper Macao Commercial OffShore Limited/PT Anugerah Kertas Utama/PT Riau Andalan
Kertas (APRIL) ..............................................................................................................................................
All Others ..........................................................................................................................................................
222.46
138.87
41.39
22.37
27.11
Weightedaverage
dumping
margin
(percent)
17.46
17.46
0.00
0.00
2.10
2.10
2.10
2.10
Note: The cash deposit rates are adjusted to account for the applicable export subsidy rate of 51.75 percent for Great Champ Trading Limited
and APP/SMG.
Weightedaverage
dumping
margin
(percent)
Producer
PRC:
Greenpoint Global Trading (Macao Commercial
Offshore) Ltd..
Asia Symbol (Guangdong) Paper Co., Ltd.; and Asia
Symbol (Shangong) Pulp & Paper Co., Ltd.
84.05
83.92
PRC-Wide Entity ...............................................................................................................................................
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Exporter
Cash deposit
149.00
148.87
Note: The cash deposit rates are adjusted to account for the applicable export subsidy rate of 0.13 percent for Asia Symbol and the PRCWide Entity.
14 See Australia Prelim, Brazil Prelim, Indonesia
Prelim, PRC Prelim, and Portugal Prelim.
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15 The Department determined that International
Paper do Brasil Ltda. and International Paper
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Exportadora Ltda. constituted a single entity. See
Brazil Final, 81 FR, at 3116.
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices
Weightedaverage
dumping
margin
(percent)
Exporter/manufacturer
Portugal:
Portucel S.A.16 .............................................................................................................................................................................
All-Others ......................................................................................................................................................................................
This notice constitutes the
antidumping duty orders with respect to
certain uncoated paper from Australia,
Brazil, Indonesia, the PRC, and Portugal
pursuant to section 736(a) of the Act.
Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: February 25, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–04699 Filed 3–2–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–900]
Diamond Sawblades and Parts Thereof
From the People’s Republic of China:
Initiation and Preliminary Results of
Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to section 751(b) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.216 and 19 CFR
351.221(c)(3), the Department of
Commerce (the Department) is initiating
a changed circumstances review of the
antidumping duty order on diamond
sawblades and parts thereof (diamond
sawblades) from the People’s Republic
of China (the PRC) with respect to
Wuhan Wanbang Laser Diamond Tools
Co., Ltd. Based on the information on
the record, we preliminarily determine
that Wuhan Wanbang Laser Diamond
Tools Co., Ltd., is the successor-ininterest to Wuhan Wanbang Laser
Diamond Tools Co. for purposes of
determining antidumping duty liability.
We invite interested parties to comment
on these preliminary results.
DATES: Effective March 3, 2016.
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AGENCY:
16 In Portugal Final, we determined to treat
several companies as a single entity with Portucel
S.A.
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FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–5760.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
antidumping duty order on diamond
sawblades and parts thereof from the
People’s Republic of China on
November 4, 2009.1 In its December 22,
2015, request for a changed
circumstances review, Wuhan Wanbang
Laser Diamond Tools Co., Ltd.,
informed the Department that, effective
May 4, 2015, Wuhan Wanbang Laser
Diamond Tools Co. (1) changed its legal
status from a limited liability company
to a joint-stock limited company and (2)
changed its name to Wuhan Wanbang
Laser Diamond Tools Co., Ltd.2 Wuhan
Wanbang Laser Diamond Tools Co. is a
respondent in the ongoing
administrative review of the
antidumping duty order on diamond
sawblades from the PRC covering the
period November 1, 2013, through
October 31, 2014.3 Both Wuhan
Wanbang Laser Diamond Tools Co. and
Wuhan Wanbang Laser Diamond Tools
Co., Ltd., are respondents in the ongoing
administrative review of the same order
covering the period November 1, 2014,
through October 31, 2015.4 Pursuant to
section 751(b) of the Act, and 19 CFR
351.216(c) and 19 CFR 351.221(c)(3),
Wuhan Wanbang Laser Diamond Tools
Co., Ltd., requested that the Department
initiate an expedited changed
circumstances review and determine
that Wuhan Wanbang Laser Diamond
1 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China and the
Republic of Korea: Antidumping Duty Orders, 74 FR
57145 (November 4, 2009).
2 See Wuhan Wanbang Laser Diamond Tools Co.,
Ltd.’s request for a changed circumstances review
dated December 22, 2015 (review request).
3 See Diamond Sawblades and Parts Thereof
From the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review; 2013–2014, 80 FR 75854, 75855 (December
4, 2015).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736, 738 (January 7, 2016).
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11177
7.80
7.80
Tools Co., Ltd., is the successor-ininterest to Wuhan Wanbang Laser
Diamond Tools Co.
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the initiation of this
review is now February 25, 2016.5
Scope of the Order
The products covered by the order are
all finished circular sawblades, whether
slotted or not, with a working part that
is comprised of a diamond segment or
segments, and parts thereof, regardless
of specification or size, except as
specifically excluded below. Within the
scope of the order are semifinished
diamond sawblades, including diamond
sawblade cores and diamond sawblade
segments. Diamond sawblade cores are
circular steel plates, whether or not
attached to non-steel plates, with slots.
Diamond sawblade cores are
manufactured principally, but not
exclusively, from alloy steel. A diamond
sawblade segment consists of a mixture
of diamonds (whether natural or
synthetic, and regardless of the quantity
of diamonds) and metal powders
(including, but not limited to, iron,
cobalt, nickel, tungsten carbide) that are
formed together into a solid shape (from
generally, but not limited to, a heating
and pressing process).
Sawblades with diamonds directly
attached to the core with a resin or
electroplated bond, which thereby do
not contain a diamond segment, are not
included within the scope of the order.
Diamond sawblades and/or sawblade
cores with a thickness of less than 0.025
inches, or with a thickness greater than
1.1 inches, are excluded from the scope
of the order. Circular steel plates that
have a cutting edge of non-diamond
material, such as external teeth that
5 See Memorandum for the Record from Acting
Assistant Secretary Ron Lorentzen entitled ‘‘Tolling
of Administrative Deadlines as a Result of the
Government Closure during Snowstorm ‘Jonas’ ’’
dated January 27, 2016.
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]]>Agencies
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11174-11177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04699]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-807, A-351-842, A-560-828, A-570-022, A-471-807]
Certain Uncoated Paper From Australia, Brazil, Indonesia, the
People's Republic of China, and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and Indonesia and Antidumping
Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing antidumping duty orders on certain
uncoated paper from Australia, Brazil, Indonesia, the People's Republic
of China (PRC), and Portugal. Also, as explained in this notice, the
Department is amending its final affirmative determinations with
respect to Brazil and Indonesia.
DATES: Effective Date: March 3, 2016.
FOR FURTHER INFORMATION CONTACT: Eve Wang at (202) 482-6231
(Australia), Julia Hancock at (202) 482-1394 (Brazil), Blaine Wiltse at
(202) 482-6345 (Indonesia), Stephanie Moore at (202) 482-3692 (PRC), or
Kabir Archuletta at (202) 482-2593 (Portugal), AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 20,
2016, the Department published its affirmative final determinations in
the less-than-fair-value (LTFV) investigations of certain uncoated
paper from Australia, Brazil, Indonesia, the PRC, and Portugal.\1\ On
February 22, 2016, the ITC notified the Department of its affirmative
determinations that an industry in the United States is materially
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by
reason of the LTFV imports of certain uncoated paper from Australia,
Brazil, Indonesia, the PRC, and Portugal and its determination that
critical circumstances do not exist with respect to imports of subject
merchandise from Australia that are subject to the Department's
affirmative critical circumstances finding.\2\
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\1\ See Certain Uncoated Paper From Australia: Final
Determination of Sales at Less Than Fair Value and Affirmative Final
Determination of Critical Circumstances, In Part, 81 FR 3108
(January 20, 2016) (Australia Final); Certain Uncoated Paper From
Brazil: Final Determination of Sales at Less Than Fair Value, 81 FR
3115 (January 20, 2016) (Brazil Final); Certain Uncoated Paper From
Indonesia: Final Determination of Sales at Less Than Fair Value; 81
FR 3101 (January 20, 2016) (Indonesia Final); Certain Uncoated Paper
From the People's Republic of China: Final Determination of Sales at
Less Than Fair Value, 81 FR 3112 (January 20, 2016) (PRC Final); and
Certain Uncoated Paper From Portugal: Final Determination of Sales
at Less Than Fair Value and Final Negative Determination of Critical
Circumstances, 81 FR 3105 (January 20, 2016) (Portugal Final).
\2\ See Letter to Christian Marsh, Deputy Assistant Secretary of
Commerce for Enforcement and Compliance, from Meredith Broadbent,
Chairman of the U.S. International Trade Commission, regarding
certain uncoated paper from Australia, Brazil, China, Indonesia, and
Portugal (February 22, 2016) (ITC Letter). See also Certain Uncoated
Paper from Australia, Brazil, China, Indonesia, and Portugal, USITC
Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Final),
USITC Publication 4592 (February 2016).
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Scope of the Orders
The scope of these orders 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 \3\ 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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\3\ 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 orders is dispositive.
Amendment to Final Determinations
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\4\
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\4\ See section 735(e) of the Act.
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Brazil Amended Final Determination
Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and
(f), the Department is amending the Brazil Final to reflect the
correction of a ministerial error it made in the final margin assigned
to one of the respondents. In addition, because the Department
calculated the ``all-others'' rate based on a weighted-average of the
respondents' margins using publicly-ranged quantities for their sales
of subject merchandise, we have revised the all-others rate.\5\
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\5\ See the ``Estimated Weighted-Average Dumping Margins''
section below.
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[[Page 11175]]
On January 19, 2016, Petitioners submitted a ministerial error
allegation claiming that the Department made a ministerial error with
regard to one of the respondent's bank charges, and the SAS programming
which implemented the bank charge at issue. The Department reviewed the
record and agrees that we made ministerial errors within the meaning of
Section 735(e) and 19 CFR 351.224(f). Specifically, the Department made
an unintentional error with regard to one of the respondent's bank
charges and SAS programming which implemented the bank charge at
issue.\6\ We have corrected these errors in this notice.
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\6\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Paul Walker, Program Manager, Office V, ``Antidumping Duty
Investigation of Certain Uncoated Paper from Brazil: Analysis of
Ministerial Error Allegation,'' dated concurrently with this notice.
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Indonesia Amended Final Determination
Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and
(f), the Department is amending the Indonesia Final to reflect the
correction of ministerial errors it made in the final margin assigned
to the sole cooperative respondent. In addition, because the Department
applied the respondent's final margin to the ``all-others'' rate and
further, relied on the highest transaction-specific dumping margin as
adverse facts available, we have revised the other final rates.\7\
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\7\ See the ``Estimated Weighted-Average Dumping Margins''
section below.
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On January 19, 2016, PT Anugerah Kertas Utama/PT Riau Andalan
Kertas/APRIL Fine Paper Macao Commercial Offshore Limited
(collectively, APRIL) submitted timely filed allegations that the
Department made ministerial errors in our final determination. On
January 21, 2016, Petitioners submitted rebuttal comments on APRIL's
allegations. APRIL alleged the Department made two ministerial errors
in its final determination: The exclusion of APRIL's home market
billing adjustments and an inconsistency in the Department's
calculation of APRIL's difference in merchandise adjustment (DIFMER).
The Department reviewed the record and agrees that we made ministerial
errors within the meaning of section 735(e) of the Act and 19 CFR
351.224(f). Specifically, the Department made unintentional errors with
regard to the exclusion of APRIL's home market billing adjustments and
with regard to the calculation of APRIL's DIFMER.\8\ We have corrected
these errors in this notice.
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\8\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Melissa G. Skinner, Director, Office II, ``Less-Than-Fair-Value
Investigation of Certain Uncoated Paper from Indonesia: Allegations
of Ministerial Errors in the Final Determination,'' dated February
17, 2016.
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Antidumping Duty Orders
As stated above, on February 22, 2016, in accordance with section
735(d) of the Act, the ITC notified the Department of its final
determinations in these investigations, in which it found material
injury with respect to certain uncoated paper from Australia, Brazil,
Indonesia, the PRC, and Portugal and its determination that critical
circumstances do not exist with respect to imports of subject
merchandise from Australia that are subject to the Department's
affirmative critical circumstances finding.\9\ Therefore, in accordance
with section 735(c)(2) of the Act, we are issuing these antidumping
duty orders. Because the ITC determined that imports of certain
uncoated paper from Australia, Brazil, Indonesia, the PRC, and Portugal
are materially injuring a U.S. industry, unliquidated entries of such
merchandise from Australia, Brazil, Indonesia, the PRC, and Portugal,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
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\9\ See ITC Letter.
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Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of certain uncoated paper from
Australia, Brazil, Indonesia, the PRC, and Portugal. Antidumping duties
will be assessed on unliquidated entries of certain uncoated paper from
Australia, Indonesia, the PRC, and Portugal entered, or withdrawn from
warehouse, for consumption on or after August 26, 2015, and in the case
of Brazil, on August 27, 2015, the date of publication of the
preliminary determinations,\10\ but will not include entries occurring
after the expiration of the provisional measures period and before
publication of the ITC's final injury determination as further
described below.
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\10\ 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) (Australia Prelim);
Certain Uncoated Paper From Brazil: Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final
Determination, 80 FR 52029 (August 27, 2015) (Brazil Prelim);
Certain Uncoated Paper From Indonesia: Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final
Determination, 80 FR 51771 (August 26, 2015) (Indonesia Prelim);
Certain Uncoated Paper From the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 80 FR 51768 (August 26, 2015)
(PRC Prelim); and 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) (Portugal
Prelim).
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Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all relevant entries
of certain uncoated paper from Australia, Brazil, Indonesia, the PRC,
and Portugal. These instructions suspending liquidation will remain in
effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amounts as indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determinations, CBP
will require, at the same time as importers would normally deposit
estimated duties on this subject merchandise, a cash deposit equal to
the estimated weighted-average dumping margins listed below.\11\ The
relevant all-others and PRC-wide rates apply to all producers or
exporters not specifically listed, as appropriate. For the purpose of
determining cash deposit rates, the estimated weighted-average dumping
margins for imports of subject merchandise from Indonesia and the PRC
will be adjusted, as appropriate, for export subsidies found in the
final determinations of the companion countervailing duty
investigations of this merchandise imported from Indonesia and the
PRC.12 13
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\11\ See section 736(a)(3) of the Act.
\12\ See Indonesia Final, 81 FR 3103; see also, PRC Final, 81
FR, at 3114.
\13\ We are not adjusting the PRC rates for estimated domestic
subsidy pass-through because there is no cost-to-price linkage to a
subsidized program and, thus, we have no basis upon which to make
such an adjustment in that case.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of
[[Page 11176]]
certain uncoated paper from Australia, Brazil, Indonesia, the PRC, and
Portugal, we extended the four-month period to six months in each
case.\14\ In the underlying investigations, the Department published
the preliminary determinations on August 26, 2015, and August 27, 2015.
Therefore, the extended period, beginning on the date of publication of
the preliminary determinations, ended on February 21, 2016, and in the
case of Brazil, on February 22, 2016. Furthermore, section 737(b) of
the Act states that definitive duties are to begin on the date of
publication of the ITC's final injury determination.
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\14\ See Australia Prelim, Brazil Prelim, Indonesia Prelim, PRC
Prelim, and Portugal Prelim.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of certain uncoated paper from Australia,
Indonesia, the PRC, and Portugal entered, or withdrawn from warehouse,
for consumption after February 21, 2016, and in the case of Brazil, on
February 22, 2016, the dates on which the provisional measures expired,
until and through the day preceding the date of publication of the
ITC's final injury determinations in the Federal Register. Suspension
of liquidation will resume on the date of publication of the ITC's
final determination in the Federal Register.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of subject merchandise from Australia, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated antidumping duties with respect to
entries of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after May 28, 2015 (i.e., 90 days prior to the
date of publication of the Australia Prelim), but before August 26,
2015, (i.e., the date of publication of the Australia Prelim).
Estimated Weighted-Average Dumping Margins
The weighted-average antidumping duty margin percentages are as
follows:
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\15\ The Department determined that International Paper do
Brasil Ltda. and International Paper Exportadora Ltda. constituted a
single entity. See Brazil Final, 81 FR, at 3116.
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Weighted-
average
Exporter/manufacturer dumping margin
(percent)
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Australia:
Paper Australia Pty. Ltd............................ 222.46
All Others.......................................... 138.87
Brazil:
International Paper do Brasil Ltda. and 41.39
International Paper Exportadora Ltda.\15\..........
Suzano Papel e Celulose S.A......................... 22.37
All Others.......................................... 27.11
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Weighted-
Exporter/ average Cash
manufacturer dumping margin deposit
(percent)
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Indonesia:
Great Champ Trading Limited.......................................... 17.46 0.00
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT. Pindo Deli 17.46 0.00
Pulp and Paper Mills (APP/SMG)......................................
April Fine Paper Macao Commercial OffShore Limited/PT Anugerah Kertas 2.10 2.10
Utama/PT Riau Andalan Kertas (APRIL)................................
All Others........................................................... 2.10 2.10
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Note: The cash deposit rates are adjusted to account for the applicable export subsidy rate of 51.75 percent for
Great Champ Trading Limited and APP/SMG.
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Weighted-
average
Exporter Producer dumping margin Cash deposit
(percent)
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PRC:
Greenpoint Global Trading (Macao Asia Symbol (Guangdong) Paper 84.05 83.92
Commercial Offshore) Ltd.. Co., Ltd.; and Asia Symbol
(Shangong) Pulp & Paper Co.,
Ltd.
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PRC-Wide Entity............................................................. 149.00 148.87
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Note: The cash deposit rates are adjusted to account for the applicable export subsidy rate of 0.13 percent for
Asia Symbol and the PRC-Wide Entity.
[[Page 11177]]
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Weighted-
average
Exporter/manufacturer dumping margin
(percent)
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Portugal:
Portucel S.A.\16\................................... 7.80
All-Others.......................................... 7.80
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This notice constitutes the antidumping duty orders with respect to
certain uncoated paper from Australia, Brazil, Indonesia, the PRC, and
Portugal pursuant to section 736(a) of the Act. Interested parties can
find a list of antidumping duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
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\16\ In Portugal Final, we determined to treat several companies
as a single entity with Portucel S.A.
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These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: February 25, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-04699 Filed 3-2-16; 8:45 am]
BILLING CODE 3510-DS-P
