Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 26778-26779 [2017-12001]

Download as PDF 26778 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices On March 31, 2017, Tamma submitted comments regarding the Preliminary Results.9 On April 17, 2017, the petitioners submitted their rebuttal brief.10 Scope of the Order Imports covered by the order are shipments of certain non-egg dry pasta. The merchandise subject to review is currently classifiable under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive.11 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this changed circumstances review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues which parties have raised, and to which we have responded in the Issues and Decision Memorandum, is attached to this notice as an Appendix. 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 B8024, of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Changed Circumstances Review mstockstill on DSK30JT082PROD with NOTICES Based on the record evidence and our analysis of the comments received, the Department continues to find that Tamma is not the successor-in-interest to TIAC pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216.12 Tamma’s Case Brief, entitled ‘‘Certain Pasta from Italy: Changed Circumstances Review Case Brief of Francesco Tamma S.p.A.,’’ dated March 31, 2017. 10 See Petitioners’ Rebuttal Brief, entitled ‘‘Certain Pasta from Italy: Petitioners’ Rebuttal Brief for Francesco Tamma S.p.A.’’, dated April 17, 2017. 11 For a full description of the scope of the order, see Issues and Decision Memorandum. 12 See Issues and Decision Memorandum. Instructions to U.S. Customs and Border Protection As a result of this determination, the Department will instruct U.S. Customs and Border Protection to collect estimated antidumping duties for all shipments of subject merchandise produced and/or exported by Tamma and entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register at the 15.45 percent all-others rate established in the antidumping duty investigation, as modified by the section 129 determination.13 This cash deposit requirement shall remain in effect until further notice. Notification to Interested Parties This notice serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the 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 sanctionable violation. We are issuing and publishing this final results notice in accordance with sections 751(b) and 777(i) of the Act, and 19 CFR 351.216 and 351.221(c)(3). Dated: June 1, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background III. Scope of the Order IV. Discussion of Interested Party Comments Comment: Whether a Successor-in-Interest CCR Analysis Should Be Based on an Event/Events or on the Totality of the Circumstances on the Record V. Recommendation [FR Doc. 2017–11995 Filed 6–8–17; 8:45 am] BILLING CODE 3510–DS–P 9 See VerDate Sep<11>2014 19:25 Jun 08, 2017 Jkt 241001 13 See Pasta Section 129 Implementation Determination, 72 FR at 25263. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–602–807, A–351–842, A–570–022, C–570– 023, A–560–828, C–560–829, A–471–807] Certain Uncoated Paper From Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective June 9, 2017. SUMMARY: The Department of Commerce (Department) preliminarily determines that imports of uncoated paper with a GE brightness of 83 +/¥1% (83 Bright paper), otherwise meeting the description of in-scope merchandise, from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal constitute merchandise ‘‘altered in form or appearance in minor respects’’ from in-scope merchandise that should be considered subject to the antidumping (AD) and countervailing duty (CVD) Orders on certain uncoated paper (uncoated paper).1 FOR FURTHER INFORMATION CONTACT: William Miller at (202) 482–3906, AD/ CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Scope of the Orders The merchandise covered by the orders is uncoated paper. Uncoated paper subject to the orders is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 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, 1 See 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; 81 FR 11174 (March 3, 2016) and Certain Uncoated Paper from Indonesia and the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order (Indonesia) and Countervailing Duty Order (People’s Republic of China); 81 FR 11187, (March 3, 2016) (collectively, the Orders). E:\FR\FM\09JNN1.SGM 09JNN1 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices 4811.90.8050 and 4811.90.9080. The HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the Orders is dispositive.2 Scope of the Anti-Circumvention Inquiry The merchandise subject to this anticircumvention inquiry consists of 83 Bright paper with a GE brightness of 83 +/¥1%, and otherwise meeting the description of the scope of the Orders. On August 1, 2016, the petitioners clarified that, consistent with 19 CFR 351.225(m), they intended for the Department to conduct a single anticircumvention inquiry and issue a single ruling applicable to each of the Orders. Therefore, in accordance with 19 CFR 351.225(m), we find it appropriate to apply the results of this inquiry to each of the Orders.3 Methodology The Department has made this affirmative preliminary anticircumvention determination in accordance with section 781(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(i). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered user at https:// access.trade.gov and is available to all parties in the Central Records Unit, room B–8024 of the main Department of Commerce building. In addition, a complete public version of the Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. mstockstill on DSK30JT082PROD with NOTICES Preliminary Determination As detailed in the Preliminary Decision Memorandum, we preliminarily determine, pursuant to 2 A full description of the scope of the Orders is contained in the memorandum, ‘‘Preliminary Decision Memorandum for the Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders on Certain Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 3 See Certain Uncoated Paper from Australia, Brazil, Indonesia, the People’s Republic of China, and Portugal: Initiation of Anti-Circumvention Inquiry; 81 FR 78117 (November 7, 2016). VerDate Sep<11>2014 19:25 Jun 08, 2017 Jkt 241001 section 781(c) of the Act and 19 CFR 351.225(i), that imports of 83 Bright paper, otherwise meeting the description of in-scope merchandise, constitute merchandise ‘‘altered in form or appearance in minor respects’’ from in-scope merchandise that should be considered subject to the Orders. Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of 83 Bright Paper entered, or withdrawn from warehouse, for consumption on or after November 7, 2016, the date of publication of the initiation of this inquiry. We will also instruct CBP to require a cash deposit of estimated duties at the applicable rates for each unliquidated entry of the product entered, or withdrawn from warehouse, for consumption on or after November 7, 2016, in accordance with 19 CFR 351.225(l)(2). Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 15 days after the date of issue of this notice. Pursuant to 19 CFR 351.309(d), rebuttal briefs, limited to issues raised in the case briefs, may be filed not late than five days after the date for filing case briefs. Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time within 15 days after the date of issue of this notice. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Final Determination Pursuant to section 781(f) of the Act, we intend to issue the final determination with respect to this anticircumvention inquiry, including the results of the Department’s analysis of any written comments, no later than August 28, 2017. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 26779 This preliminary determination of circumvention is in accordance with section 781(c) of the Act and 19 CFR 351.225. Dated: June 2, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–12001 Filed 6–8–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology National Advisory Committee on Windstorm Impact Reduction Meeting National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of open meeting. AGENCY: The National Advisory Committee on Windstorm Impact Reduction (NACWIR or Committee), will meet on Tuesday, June 27, and Wednesday, June 28, 2017, from 9:00 a.m. to 5:00 p.m. Eastern Time. The primary purpose of the meeting will be to assess and develop recommendations on (1) the priorities of the Draft Strategic Plan for the National Windstorm Impact Reduction Program (NWIRP), and (2) trends and developments in the natural, engineering, and social sciences and practices of windstorm impact mitigation. The final agenda and any meeting materials will be posted on the NWIRP Web site at https:// www.nist.gov/el/materials-andstructural-systems-division-73100/ national-windstorm-impact-reductionprogram-1. DATES: The NACWIR will meet on Tuesday, June 27, and Wednesday, June 28, 2017, from 9:00 a.m. until 5:00 p.m. Eastern Time. The meeting will be open to the public. ADDRESSES: The meeting will be held in Building 215, Rm. C103 at the National Institute of Standards and Technology. The address is 100 Bureau Dr., Gaithersburg, MD 20899–1070. Questions regarding the meeting should be sent to the National Windstorm Impact Reduction Program Director, National Institute of Standards and Technology (NIST), 100 Bureau Drive, Mail Stop 8611, Gaithersburg, Maryland 20899. Anyone wishing to participate must register by 5:00 p.m. Eastern Time, Tuesday, June 20, 2017. For instructions on how to participate in the meeting, please see the SUPPLEMENTARY INFORMATION section of this notice. SUMMARY: E:\FR\FM\09JNN1.SGM 09JNN1

Agencies

[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Notices]
[Pages 26778-26779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12001]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-807, A-351-842, A-570-022, C-570-023, A-560-828, C-560-829, A-
471-807]


Certain Uncoated Paper From Australia, Brazil, the People's 
Republic of China, Indonesia, and Portugal: Affirmative Preliminary 
Determination of Circumvention of the Antidumping and Countervailing 
Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective June 9, 2017.
SUMMARY: The Department of Commerce (Department) preliminarily 
determines that imports of uncoated paper with a GE brightness of 83 +/
-1% (83 Bright paper), otherwise meeting the description of in-scope 
merchandise, from Australia, Brazil, the People's Republic of China, 
Indonesia, and Portugal constitute merchandise ``altered in form or 
appearance in minor respects'' from in-scope merchandise that should be 
considered subject to the antidumping (AD) and countervailing duty 
(CVD) Orders on certain uncoated paper (uncoated paper).\1\
---------------------------------------------------------------------------

    \1\ See 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; 81 FR 11174 (March 3, 2016) 
and Certain Uncoated Paper from Indonesia and the People's Republic 
of China: Amended Final Affirmative Countervailing Duty 
Determination and Countervailing Duty Order (Indonesia) and 
Countervailing Duty Order (People's Republic of China); 81 FR 11187, 
(March 3, 2016) (collectively, the Orders).

FOR FURTHER INFORMATION CONTACT: William Miller at (202) 482-3906, AD/
CVD Operations, Enforcement and Compliance, U.S. Department of 
---------------------------------------------------------------------------
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Scope of the Orders

    The merchandise covered by the orders is uncoated paper. Uncoated 
paper subject to the orders is currently classifiable in the Harmonized 
Tariff Schedule of the United States (HTSUS) at subheadings 
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,

[[Page 26779]]

4811.90.8050 and 4811.90.9080. The HTSUS subheadings are provided for 
convenience and customs purposes; the written description of the scope 
of the Orders is dispositive.\2\
---------------------------------------------------------------------------

    \2\ A full description of the scope of the Orders is contained 
in the memorandum, ``Preliminary Decision Memorandum for the 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders on Certain Uncoated Paper 
from Australia, Brazil, the People's Republic of China, Indonesia, 
and Portugal,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Anti-Circumvention Inquiry

    The merchandise subject to this anti-circumvention inquiry consists 
of 83 Bright paper with a GE brightness of 83 +/-1%, and otherwise 
meeting the description of the scope of the Orders. On August 1, 2016, 
the petitioners clarified that, consistent with 19 CFR 351.225(m), they 
intended for the Department to conduct a single anti-circumvention 
inquiry and issue a single ruling applicable to each of the Orders. 
Therefore, in accordance with 19 CFR 351.225(m), we find it appropriate 
to apply the results of this inquiry to each of the Orders.\3\
---------------------------------------------------------------------------

    \3\ See Certain Uncoated Paper from Australia, Brazil, 
Indonesia, the People's Republic of China, and Portugal: Initiation 
of Anti-Circumvention Inquiry; 81 FR 78117 (November 7, 2016).
---------------------------------------------------------------------------

Methodology

    The Department has made this affirmative preliminary anti-
circumvention determination in accordance with section 781(c) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(i). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
    The Preliminary Decision Memorandum is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered user at https://access.trade.gov and is available to all 
parties in the Central Records Unit, room B-8024 of the main Department 
of Commerce building. In addition, a complete public version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Preliminary Determination

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine, pursuant to section 781(c) of the Act and 19 
CFR 351.225(i), that imports of 83 Bright paper, otherwise meeting the 
description of in-scope merchandise, constitute merchandise ``altered 
in form or appearance in minor respects'' from in-scope merchandise 
that should be considered subject to the Orders.

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), we are directing U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of 83 Bright Paper entered, or withdrawn from warehouse, for 
consumption on or after November 7, 2016, the date of publication of 
the initiation of this inquiry. We will also instruct CBP to require a 
cash deposit of estimated duties at the applicable rates for each 
unliquidated entry of the product entered, or withdrawn from warehouse, 
for consumption on or after November 7, 2016, in accordance with 19 CFR 
351.225(l)(2).

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not later than 15 days after the date of issue of this notice. 
Pursuant to 19 CFR 351.309(d), rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not late than five days after 
the date for filing case briefs. Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS. An electronically filed 
document must be received successfully in its entirety by ACCESS, by 5 
p.m. Eastern Time within 15 days after the date of issue of this 
notice. Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs.

Final Determination

    Pursuant to section 781(f) of the Act, we intend to issue the final 
determination with respect to this anti-circumvention inquiry, 
including the results of the Department's analysis of any written 
comments, no later than August 28, 2017.
    This preliminary determination of circumvention is in accordance 
with section 781(c) of the Act and 19 CFR 351.225.

    Dated: June 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-12001 Filed 6-8-17; 8:45 am]
 BILLING CODE 3510-DS-P