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]
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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
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13 See Pasta Section 129 Implementation
Determination, 72 FR at 25263.
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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
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.
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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
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]]>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]
-----------------------------------------------------------------------
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
