Certain Uncoated Groundwood Paper From Canada: Initiation of Countervailing Duty Investigation, 41603-41607 [2017-18727]
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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices
submissions if the submitting party does
not comply with applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: August 29, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix—Scope of the Investigation
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The merchandise covered by this
investigation includes certain paper that has
not been coated on either side and with 50
percent or more of the cellulose fiber content
consisting of groundwood pulp, including
groundwood pulp made from recycled paper,
weighing not more than 90 grams per square
meter. Groundwood pulp includes all forms
of pulp produced from a mechanical pulping
process, such as thermo-mechanical process
(TMP), chemi-thermo mechanical process
(CTMP), bleached chemi-thermo mechanical
process (BCTMP) or any other mechanical
pulping process. The scope includes paper
shipped in any form, including but not
limited to both rolls and sheets.
Certain uncoated groundwood paper
includes but is not limited to standard
newsprint, high bright newsprint, book
publishing, directory, and printing and
writing papers. The scope includes paper
that is white, off-white, cream, or colored.
Specifically excluded from the scope are
imports of certain uncoated groundwood
paper printed with final content of printed
text or graphic. Also excluded are papers that
otherwise meet this definition, but which
have undergone a supercalendering
process.40
Certain uncoated groundwood paper is
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) in
several subheadings, including 4801.00.0120,
40 Supercalendering imparts a glossy finish
produced by the movement of the paper web
through a supercalender which is a stack of
alternating rollers of metal and cotton (or other
softer material). The supercalender runs at high
speed and applies pressure, heat, and friction
which glazes the surface of the paper, imparting
gloss to the surface and increasing the paper’s
smoothness and density.
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4801.00.0140, 4802.61.1000, 4802.61.2000,
4802.61.3110, 4802.61.3191, 4802.61.6040,
4802.62.1000, 4802.62.2000, 4802.62.3000,
4802.62.6140, 4802.69.1000, 4802.69.2000,
and 4802.69.3000. Subject merchandise may
also be imported under several additional
subheadings including 4805.91.5000,
4805.91.7000, and 4805.91.9000. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
[FR Doc. 2017–18726 Filed 8–31–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–862]
Certain Uncoated Groundwood Paper
From Canada: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable September 1, 2017.
FOR FURTHER INFORMATION CONTACT:
David Crespo at (202) 482–3693, or
Whitley Herndon at (202) 482–6274,
Office II, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On August 9, 2017, the U.S.
Department of Commerce (the
Department) received a countervailing
duty (CVD) Petition concerning imports
of certain uncoated groundwood paper
(UGW paper) from Canada, filed in
proper form on behalf of North Pacific
Paper Company (NORPAC, or the
petitioner).1 The CVD Petition was
accompanied by an antidumping duty
(AD) Petition concerning imports of
UGW paper from Canada. The petitioner
is a domestic producer of UGW paper.2
On August 11 and 14, 2017, the
Department requested supplemental
information pertaining to certain areas
of the Petition.3 The petitioner filed
1 See Letter from the petitioner re: ‘‘Petitions for
the Imposition of Antidumping and Countervailing
Duties on Uncoated Groundwood Paper from
Canada,’’ dated August 9, 2017 (the Petition).
2 Id., Volume I of the Petition, at 1.
3 See Department Letter re: Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Uncoated Groundwood
Paper from Canada: Supplemental Questions, dated
August 11, 2017 (General Issues Supplemental
Questionnaire); see also Department Letter re:
Petition for the Imposition of Countervailing Duties
on Imports of Certain Uncoated Groundwood Paper
from Canada, dated August 14, 2017.
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41603
responses to these requests on August
15 and 16, 2017.4 On August 17, 2017,
the Department contacted the petitioner
regarding the proposed scope of the
investigations.5 The petitioner filed
revised scope language on August 21,
2017.6 As discussed below, on August
10, 2017, the Department issued polling
questionnaires to all known U.S.
producers of UGW paper. The
Department received responses from all
recipients of the polling questionnaires.
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of Canada (GOC) and the
provincial governments of Alberta
(GOA), British Colombia (GBS),
Newfoundland and Labrador (GNL),
Ontario (GOO), Quebec (GOQ), and New
Brunswick (GNB) are providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to imports of UGW paper from
Canada and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing UGW paper in the United
States. Also, consistent with section
702(b)(1) of the Act, for those alleged
programs on which we are initiating a
CVD investigation, the Petition is
accompanied by information reasonably
available to the petitioner supporting its
allegations.
The Department finds that the
petitioner filed this Petition on behalf of
the domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
The Department also finds that the
petitioner demonstrated sufficient
industry support with respect to the
initiation of the CVD investigation that
the petitioner is requesting.7
Period of Investigation
Because the Petition was filed on
August 9, 2017, the period of
investigation (POI) is January 1, 2016,
through December 31, 2016.
4 See Letter from the petitioner re: Certain
Uncoated Groundwood Paper from Canada/
Responses to Supplemental Questions on the Injury
Volume of the Petitions, dated August 15, 2017
(General Issues Supplemental Response); see also
Letter from the petitioner re: Certain Uncoated
Groundwood Paper from Canada/Petitioner’s
Responses to Supplemental Questions on the
Countervailing Duty Volume of the Petition, dated
August 16, 2017 (CVD Supplement).
5 See Memorandum, ‘‘Phone Call with Counsel to
the Petitioner,’’ dated August 17, 2017 (Scope
Phone Call).
6 See Letter from the petitioner re: Certain
Uncoated Groundwood Paper from Canada/Further
Revisions to The Scope Language, dated August 21,
2017 (Scope Revision Letter).
7 See the ‘‘Determination of Industry Support for
the Petition’’ section, below.
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Scope of the Investigation
The product covered by this
investigation is UGW paper from
Canada. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in the
Appendix to this notice.
sradovich on DSK3GMQ082PROD with NOTICES
Comments on Scope of the Investigation
During our review of the Petition, the
Department issued questions to, and
received responses from, the petitioner
pertaining to the proposed scope to
ensure that the scope language in the
Petition would be an accurate reflection
of the products for which the domestic
industry is seeking relief.8
As discussed in the preamble to the
Department’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).9 The Department will consider
all comments received from interested
parties and, if necessary, will consult
with the interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires, the
Department requests all interested
parties to submit such comments by
5:00 p.m. Eastern Time (ET) on Monday,
September 18, 2017, which is 20
calendar days from the signature date of
this notice. Any rebuttal comments,
which may include factual information,
must be filed by 5:00 p.m. ET on
Thursday, September 28, 2017, which is
10 calendar days from the initial
comments deadline.11
The Department requests that any
factual information the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact the Department and request
permission to submit the additional
information. All such comments must
be filed on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to the Department
must be filed electronically using
Enforcement and Compliance’s
Antidumping Duty and Countervailing
8 See General Issues Supplemental Questionnaire;
see also General Issues Supplemental Response,
and Scope Revision Letter.
9 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See 19 CFR 351.303(b).
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Duty Centralized Electronic Service
System (ACCESS).12 An electronically
filed document must be received
successfully in its entirety by the time
and date it is due. Documents exempted
from the electronic submission
requirements must be filed manually
(i.e., in paper form) with Enforcement
and Compliance’s APO/Dockets Unit,
Room 18022, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230, and
stamped with the date and time of
receipt by the applicable deadlines.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, the Department
notified representatives of the GOC of
the receipt of the Petition, and provided
them the opportunity for consultations
with respect to the CVD Petition.13
Consultations with the GOC were held
at the Department of Commerce on
August 23, 2017.14
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011), see also Enforcement and
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of the Department’s electronic filing requirements,
which went into effect on August 5, 2011.
Information on help using ACCESS can be found at
https://access.trade.gov/help.aspx, and a handbook
can be found at https://access.trade.gov/help/
Handbook%20on%20Electronic%20Filling%20
Procedures.pdf.
13 See Letter to the Embassy of Canada re:
Uncoated Groundwood Paper from Canada:
Invitation for Consultations to Discuss the
Countervailing Duty Petition, dated August 10,
2017.
14 See Memorandum, ‘‘Countervailing Duty
Petition on Certain Uncoated Groundwood Paper
from Canada: GOC Consultations,’’ dated August
24, 2017.
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the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product,15 they do so
for different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.16
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the Petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
record, we have determined that UGW
paper, as defined in the scope,
constitutes a single domestic like
product and we have analyzed industry
support in terms of that domestic like
product.17
15 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
17 For a discussion of the domestic like product
analysis as applied to this case, see Countervailing
Duty Investigation Initiation Checklist: Certain
Uncoated Groundwood Paper from Canada (CVD
Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Petitions Covering Certain
Uncoated Groundwood Paper from Canada
(Attachment II). This checklist is dated
concurrently with this notice and on file
electronically via ACCESS. Access to documents
16 See
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Based on information provided in the
Petition, the share of total estimated
U.S. production of the domestic like
product in calendar year 2016
represented by the petitioner did not
account for more than 50 percent of the
total production of the domestic like
product. Therefore, in accordance with
section 702(c)(4)(D) of the Act, we
polled the industry.18
On August 10, 2017, we issued
polling questionnaires to all known
producers of UGW paper, identified in
the Petition.19 We requested that each
company complete the polling
questionnaire and certify its response by
the due date specified in the cover letter
to the questionnaire.20 On August 23,
2017, in consultations with the
Department held with respect to the
CVD Petition, the GOC provided
comments on industry support.21
Section 702(c)(4)(B) of the Act states
that (i) the Department ‘‘shall disregard
the position of domestic producers who
oppose the petition if such producers
are related to foreign producers, as
defined in section 771(4)(B)(ii), unless
such domestic producers demonstrate
that their interests as domestic
producers would be adversely affected
by the imposition of an antidumping
duty order;’’ and (ii) the Department
‘‘may disregard the position of domestic
producers of a domestic like product
who are importers of the subject
merchandise.’’ In addition, 19 CFR
351.203(e)(4) states that the position of
a domestic producer that opposes the
petition (i) will be disregarded if such
producer is related to a foreign producer
or to a foreign exporter under section
771(4)(B)(ii) of the Act, unless such
domestic producer demonstrates to the
Secretary’s satisfaction that its interests
as a domestic producer would be
adversely affected by the imposition of
an antidumping order; and (ii) may be
disregarded if the producer is an
importer of the subject merchandise or
is related to such an importer under
section 771(4)(B)(ii) of the Act.
We received objection to the Petition
from those that produce domestic like
product and are related to a foreign
producer of subject merchandise and/or
who imported subject merchandise from
Canada. We have analyzed the
information provided in the polling
questionnaire responses and
information provided in other
submissions to the Department. Based
on our analysis, we disregarded the
opposition pursuant to section
702(c)(4)(B) of the Act. When the
position in opposition to the petition is
disregarded, the industry support
requirements of section 702(c)(4)(A) of
the Act are satisfied.22
The data collected demonstrate that
the domestic producers of UGW paper
which support the Petition account for
at least 25 percent of the total
production of the domestic like product
and, once the opposition is disregarded,
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.23 Therefore, the
Department determines that the
petitioner filed this Petition on behalf of
the domestic industry in accordance
with section 702(b)(1) of the Act
because it is an interested party as
defined in section 771(9)(C) of the Act
and it has demonstrated sufficient
industry support with respect to the
CVD investigation that it is requesting
the Department initiate.24
filed via ACCESS is also available in the Central
Records Unit (CRU), Room B8024 of the main
Department of Commerce building.
18 Id.
19 See Volume I of the Petition, at Exhibit I–8; see
also Memorandum, ‘‘Certain Uncoated
Groundwood Paper from Canada: Polling
Questionnaire,’’ dated August 14, 2017.
20 For a detailed discussion of the responses
received, see CVD Initiation Checklist, at
Attachment II. The polling questionnaire and
questionnaire responses are on file electronically
via ACCESS and can also be accessed through the
CRU.
21 See Memorandum, ‘‘Countervailing Duty
Petition on Certain Uncoated Groundwood Paper
from Canada: GOC Consultations,’’ dated August
24, 2017; and letter from the GOC re: ‘‘Uncoated
Groundwood Paper from Canada: Submission of
Consultations Paper,’’ dated August 25, 2017. For
a discussion of the GOC’s comments, see the AD
Initiation Checklist, at Attachment II.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.25
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Injury Test
Because Canada is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from Canada
materially injure, or threaten material
injury to, a U.S. industry.
22 See
CVD Initiation Checklist, at Attachment II.
23 Id.
24 Id.
25 See Volume I of the Petition, at 19 and Exhibit
I–12.
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The petitioner contends that the
industry’s injured condition is
illustrated by a significant volume of
subject imports and significant increase
in the volume of subject imports relative
to U.S. consumption; reduced market
share; underselling and price
suppression or depression; lost sales
and revenues; adverse effects on
production, capacity utilization, U.S.
shipments, and employment; declines
in financial performance; and capacity
closures and conversions.26 We have
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, and causation,
and we have determined that these
allegations are properly supported by
adequate evidence and meet the
statutory requirements for initiation.27
Initiation of CVD Investigation
Based on the examination of the CVD
Petition, we find that the Petition meets
the requirements of section 702 of the
Act. Therefore we are initiating a CVD
investigation to determine whether
imports of UGW paper from Canada
benefit from countervailable subsidies
conferred by the government of Canada.
In accordance with section 703(b)(1) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
65 days after the date of this initiation.
Under the Trade Preferences
Extension Act of 2015, numerous
amendments to the AD and CVD laws
were made.28 The 2015 law does not
specify dates of application for those
amendments. On August 6, 2015, the
Department published an interpretative
rule, in which it announced the
applicability dates for each amendment
to the Act, except for amendments
contained in section 771(7) of the Act,
which relate to determinations of
material injury by the ITC.29 The
amendments to sections 776 and 782 of
the Act are applicable to all
determinations made on or after August
6, 2015, and, therefore, apply to this
CVD investigation.30
26 See Volume I of the Petition, at 17–28, Exhibit
I–3, Exhibit I–6, and Exhibits I–11 through I–17.
27 See CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Certain
Uncoated Groundwood Paper from Canada.
28 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
29 See Dates of Application of Amendments to the
Antidumping and Countervailing Duty Laws Made
by the Trade Preferences Extension Act of 2015, 80
FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://
www.congress.gov/bill/114th-congress/house-bill/
1295/text/pl.
30 See Applicability Notice, 80 FR at 46794–95.
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Subsidy Allegations
Distribution of Copies of the Petition
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on 63 of the 65 alleged
programs. For a full discussion of the
basis for our decision to initiate, or not
initiate, on each program, see the CVD
Initiation Checklist. A public version of
the initiation checklist for this
investigation is available on ACCESS.
In accordance with section 703(b)(1)
of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
65 days after the date of this initiation.
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petition have been provided to
the GOC via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the
Petition to each exporter named in the
Petition, as provided under 19 CFR
351.203(c)(2).
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Respondent Selection
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The petitioner named seven
companies as producers/exporters of
UGW paper in Canada.31 Following
standard practice in CVD investigations,
in the event the Department determines
that the number of companies is large,
the Department intends to review U.S.
Customs and Border Protection (CBP)
data for U.S. imports of UGW paper
during the POI under the appropriate
Harmonized Tariff Schedule of the
United States subheadings, and if it
determines that it cannot individually
examine each company based upon the
Department’s resources, then the
Department will select respondents
based on those data. We intend to
release CBP data under Administrative
Protective Order (APO) to all parties
with access to information protected by
APO within five business days of the
announcement of the initiation of this
investigation. Interested parties must
submit applications for disclosure under
APO in accordance with 19 CFR
351.305(b). Instructions for filing such
applications may be found on the
Department’s Web site at https://
enforcement.trade.gov/apo.
Interested parties may submit
comments regarding the CBP data and
respondent selection by 5:00 p.m. ET
three calendar days after publication.
The Department will not accept rebuttal
comments regarding the CBP data or
respondent selection.
Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the date noted above. If respondent
selection is necessary, within 20 days of
publication of this notice, we intend to
make our decision regarding respondent
selection based upon comments
received from interested parties and our
analysis of the record information.
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
UGW paper from Canada are materially
injuring, or threatening material injury
to, a U.S. industry. A negative ITC
determination will result in the
investigation being terminated.32
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). 19 CFR 351.301(b)
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted 33 and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct.34 Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Interested
parties should review the regulations
prior to submitting factual information
in this investigation.
32 See
section 733(a) of the Act.
19 CFR 351.301(b).
34 See 19 CFR 351.301(b)(2).
33 See
31 See
Volume I of the Petition at Exhibit I–9.
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Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301
expires. For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Parties should review
Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013),
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in this investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.35
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.36 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
35 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
36 See
E:\FR\FM\01SEN1.SGM
01SEN1
Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 702(c)(2) and 777(i)
of the Act and 19 CFR 351.203(c).
Dated: August 29, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
sradovich on DSK3GMQ082PROD with NOTICES
Scope of the Investigation
The merchandise covered by this
investigation includes certain paper that has
not been coated on either side and with 50
percent or more of the cellulose fiber content
consisting of groundwood pulp, including
groundwood pulp made from recycled paper,
weighing not more than 90 grams per square
meter. Groundwood pulp includes all forms
of pulp produced from a mechanical pulping
process, such as thermo-mechanical process
(TMP), chemi-thermo mechanical process
(CTMP), bleached chemi-thermo mechanical
process (BCTMP) or any other mechanical
pulping process. The scope includes paper
shipped in any form, including but not
limited to both rolls and sheets.
Certain uncoated groundwood paper
includes but is not limited to standard
newsprint, high bright newsprint, book
publishing, directory, and printing and
writing papers. The scope includes paper
that is white, off-white, cream, or colored.
Specifically excluded from the scope are
imports of certain uncoated groundwood
paper printed with final content of printed
text or graphic. Also excluded are papers that
otherwise meet this definition, but which
have undergone a supercalendering
process.37
Certain uncoated groundwood paper is
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) in
several subheadings, including 4801.00.0120,
4801.00.0140, 4802.61.1000, 4802.61.2000,
4802.61.3110, 4802.61.3191, 4802.61.6040,
4802.62.1000, 4802.62.2000, 4802.62.3000,
4802.62.6140, 4802.69.1000, 4802.69.2000,
and 4802.69.3000. Subject merchandise may
also be imported under several additional
subheadings including 4805.91.5000,
37 Supercalendering
imparts a glossy finish
produced by the movement of the paper web
through a supercalender which is a stack of
alternating rollers of metal and cotton (or other
softer material). The supercalender runs at high
speed and applies pressure, heat, and friction
which glazes the surface of the paper, imparting
gloss to the surface and increasing the paper’s
smoothness and density.
VerDate Sep<11>2014
17:53 Aug 31, 2017
Jkt 241001
4805.91.7000, and 4805.91.9000. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
[FR Doc. 2017–18727 Filed 8–31–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–977]
High Pressure Steel Cylinders From
the People’s Republic of China: Final
Results of the Expedited First Sunset
Review of the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(the Department) finds that revocation
of the antidumping duty order on
certain high pressure steel cylinders
(HPSCs) from the People’s Republic of
China (PRC) would be likely to lead to
continuation or recurrence of dumping
at the levels indicated in the ‘‘Final
Results of Review’’ section of this
notice.
AGENCY:
DATES:
Applicable August 28, 2017.
FOR FURTHER INFORMATION CONTACT:
Kenneth Hawkins, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–6491.
SUPPLEMENTARY INFORMATION:
Background
On June 21, 2012, the Department of
Commerce (Department) published the
notice of the antidumping duty order on
high pressure steel cylinders from the
PRC.1 On April 3, 2017, the Department
published the notice of initiation of the
first sunset review of the AD Order,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (Act).2 On May
8, 2017, the Department received a
notice of intent to participate from one
domestic interested party: Norris
Cylinder Company (the petitioner)
within the deadline specified in 19 CFR
351.218(d)(1).3 The petitioner claimed
1 See High Pressure Steel Cylinders from the
People’s Republic of China: Antidumping Duty
Order, 77 FR 37377 (June 21, 2012) (AD Order).
2 See Initiation of Five-Year (Sunset) Review, 82
FR 20314 (May 1, 2017).
3 See High Pressure Steel Cylinders from the
People’s Republic of China; Notice of Appearance
and of Intent to Participate on Behalf of the
petitioner, Norris Cylinder Company in Sunset
Review of Antidumping Duty Order (May 8, 2017).
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
41607
interested party status under section
771(9)(C) of the Act, as a manufacturer
in the United States of a domestic like
product. On May 25, 2017, the
petitioner filed its Substantive Response
in the sunset review within the 30-day
deadline, as specified in 19 CFR
351.218(d)(3).4 The Department
received no substantive responses from
respondent interested parties. As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department
conducted an expedited sunset review
of the AD Order.
Scope of the Order
The merchandise covered by the
Order is seamless steel cylinders
designed for storage or transport of
compressed or liquefied gas (high
pressure steel cylinders). High pressure
steel cylinders are fabricated of chrome
alloy steel including, but not limited to,
chromium-molybdenum steel or
chromium magnesium steel, and have
permanently impressed into the steel,
either before or after importation, the
symbol of a U.S. Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration (DOT)approved high pressure steel cylinder
manufacturer, as well as an approved
DOT type marking of DOT 3A, 3AX,
3AA, 3AAX, 3B, 3E, 3HT, 3T, or DOT–
E (followed by a specific exemption
number) in accordance with the
requirements of sections 178.36 through
178.68 of Title 49 of the Code of Federal
Regulations, or any subsequent
amendments thereof. High pressure
steel cylinders covered by the Order
have a water capacity up to 450 liters,
and a gas capacity ranging from 8 to 702
cubic feet, regardless of corresponding
service pressure levels and regardless of
physical dimensions, finish or coatings.
Excluded from the scope of the Order
are high pressure steel cylinders
manufactured to UN–ISO–9809–1 and 2
specifications and permanently
impressed with ISO or UN symbols.
Also excluded from the Order are
acetylene cylinders, with or without
internal porous mass, and permanently
impressed with 8A or 8AL in
accordance with DOT regulations.
Merchandise covered by the Order is
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheading 7311.00.00.30.
Subject merchandise may also enter
under HTSUS subheadings
7311.00.00.60 or 7311.00.00.90.
4 See Letter to the Secretary from the petitioner,
High Pressure Steel Cylinders from the People’s
Republic of China’ Substantive Response to Notice
of Initiation of Norris Cylinder Company (May 25,
2017) (Substantive Response).
E:\FR\FM\01SEN1.SGM
01SEN1
Agencies
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41603-41607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18727]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-862]
Certain Uncoated Groundwood Paper From Canada: Initiation of
Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable September 1, 2017.
FOR FURTHER INFORMATION CONTACT: David Crespo at (202) 482-3693, or
Whitley Herndon at (202) 482-6274, Office II, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Petition
On August 9, 2017, the U.S. Department of Commerce (the Department)
received a countervailing duty (CVD) Petition concerning imports of
certain uncoated groundwood paper (UGW paper) from Canada, filed in
proper form on behalf of North Pacific Paper Company (NORPAC, or the
petitioner).\1\ The CVD Petition was accompanied by an antidumping duty
(AD) Petition concerning imports of UGW paper from Canada. The
petitioner is a domestic producer of UGW paper.\2\
---------------------------------------------------------------------------
\1\ See Letter from the petitioner re: ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Uncoated
Groundwood Paper from Canada,'' dated August 9, 2017 (the Petition).
\2\ Id., Volume I of the Petition, at 1.
---------------------------------------------------------------------------
On August 11 and 14, 2017, the Department requested supplemental
information pertaining to certain areas of the Petition.\3\ The
petitioner filed responses to these requests on August 15 and 16,
2017.\4\ On August 17, 2017, the Department contacted the petitioner
regarding the proposed scope of the investigations.\5\ The petitioner
filed revised scope language on August 21, 2017.\6\ As discussed below,
on August 10, 2017, the Department issued polling questionnaires to all
known U.S. producers of UGW paper. The Department received responses
from all recipients of the polling questionnaires.
---------------------------------------------------------------------------
\3\ See Department Letter re: Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Uncoated
Groundwood Paper from Canada: Supplemental Questions, dated August
11, 2017 (General Issues Supplemental Questionnaire); see also
Department Letter re: Petition for the Imposition of Countervailing
Duties on Imports of Certain Uncoated Groundwood Paper from Canada,
dated August 14, 2017.
\4\ See Letter from the petitioner re: Certain Uncoated
Groundwood Paper from Canada/Responses to Supplemental Questions on
the Injury Volume of the Petitions, dated August 15, 2017 (General
Issues Supplemental Response); see also Letter from the petitioner
re: Certain Uncoated Groundwood Paper from Canada/Petitioner's
Responses to Supplemental Questions on the Countervailing Duty
Volume of the Petition, dated August 16, 2017 (CVD Supplement).
\5\ See Memorandum, ``Phone Call with Counsel to the
Petitioner,'' dated August 17, 2017 (Scope Phone Call).
\6\ See Letter from the petitioner re: Certain Uncoated
Groundwood Paper from Canada/Further Revisions to The Scope
Language, dated August 21, 2017 (Scope Revision Letter).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of Canada
(GOC) and the provincial governments of Alberta (GOA), British Colombia
(GBS), Newfoundland and Labrador (GNL), Ontario (GOO), Quebec (GOQ),
and New Brunswick (GNB) are providing countervailable subsidies, within
the meaning of sections 701 and 771(5) of the Act, to imports of UGW
paper from Canada and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing UGW
paper in the United States. Also, consistent with section 702(b)(1) of
the Act, for those alleged programs on which we are initiating a CVD
investigation, the Petition is accompanied by information reasonably
available to the petitioner supporting its allegations.
The Department finds that the petitioner filed this Petition on
behalf of the domestic industry because the petitioner is an interested
party as defined in section 771(9)(C) of the Act. The Department also
finds that the petitioner demonstrated sufficient industry support with
respect to the initiation of the CVD investigation that the petitioner
is requesting.\7\
---------------------------------------------------------------------------
\7\ See the ``Determination of Industry Support for the
Petition'' section, below.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on August 9, 2017, the period of
investigation (POI) is January 1, 2016, through December 31, 2016.
[[Page 41604]]
Scope of the Investigation
The product covered by this investigation is UGW paper from Canada.
For a full description of the scope of this investigation, see the
``Scope of the Investigation,'' in the Appendix to this notice.
Comments on Scope of the Investigation
During our review of the Petition, the Department issued questions
to, and received responses from, the petitioner pertaining to the
proposed scope to ensure that the scope language in the Petition would
be an accurate reflection of the products for which the domestic
industry is seeking relief.\8\
---------------------------------------------------------------------------
\8\ See General Issues Supplemental Questionnaire; see also
General Issues Supplemental Response, and Scope Revision Letter.
---------------------------------------------------------------------------
As discussed in the preamble to the Department's regulations, we
are setting aside a period for interested parties to raise issues
regarding product coverage (scope).\9\ The Department will consider all
comments received from interested parties and, if necessary, will
consult with the interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
the Department requests all interested parties to submit such comments
by 5:00 p.m. Eastern Time (ET) on Monday, September 18, 2017, which is
20 calendar days from the signature date of this notice. Any rebuttal
comments, which may include factual information, must be filed by 5:00
p.m. ET on Thursday, September 28, 2017, which is 10 calendar days from
the initial comments deadline.\11\
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
The Department requests that any factual information the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact the Department and
request permission to submit the additional information. All such
comments must be filed on the records of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS).\12\ An
electronically filed document must be received successfully in its
entirety by the time and date it is due. Documents exempted from the
electronic submission requirements must be filed manually (i.e., in
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room
18022, U.S. Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230, and stamped with the date and time of receipt by
the applicable deadlines.
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of the Department's electronic
filing requirements, which went into effect on August 5, 2011.
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, the
Department notified representatives of the GOC of the receipt of the
Petition, and provided them the opportunity for consultations with
respect to the CVD Petition.\13\ Consultations with the GOC were held
at the Department of Commerce on August 23, 2017.\14\
---------------------------------------------------------------------------
\13\ See Letter to the Embassy of Canada re: Uncoated Groundwood
Paper from Canada: Invitation for Consultations to Discuss the
Countervailing Duty Petition, dated August 10, 2017.
\14\ See Memorandum, ``Countervailing Duty Petition on Certain
Uncoated Groundwood Paper from Canada: GOC Consultations,'' dated
August 24, 2017.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\16\
---------------------------------------------------------------------------
\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation. Based on our analysis of the information
submitted on the record, we have determined that UGW paper, as defined
in the scope, constitutes a single domestic like product and we have
analyzed industry support in terms of that domestic like product.\17\
---------------------------------------------------------------------------
\17\ For a discussion of the domestic like product analysis as
applied to this case, see Countervailing Duty Investigation
Initiation Checklist: Certain Uncoated Groundwood Paper from Canada
(CVD Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Petitions Covering Certain Uncoated Groundwood Paper
from Canada (Attachment II). This checklist is dated concurrently
with this notice and on file electronically via ACCESS. Access to
documents filed via ACCESS is also available in the Central Records
Unit (CRU), Room B8024 of the main Department of Commerce building.
---------------------------------------------------------------------------
[[Page 41605]]
Based on information provided in the Petition, the share of total
estimated U.S. production of the domestic like product in calendar year
2016 represented by the petitioner did not account for more than 50
percent of the total production of the domestic like product.
Therefore, in accordance with section 702(c)(4)(D) of the Act, we
polled the industry.\18\
---------------------------------------------------------------------------
\18\ Id.
---------------------------------------------------------------------------
On August 10, 2017, we issued polling questionnaires to all known
producers of UGW paper, identified in the Petition.\19\ We requested
that each company complete the polling questionnaire and certify its
response by the due date specified in the cover letter to the
questionnaire.\20\ On August 23, 2017, in consultations with the
Department held with respect to the CVD Petition, the GOC provided
comments on industry support.\21\
---------------------------------------------------------------------------
\19\ See Volume I of the Petition, at Exhibit I-8; see also
Memorandum, ``Certain Uncoated Groundwood Paper from Canada: Polling
Questionnaire,'' dated August 14, 2017.
\20\ For a detailed discussion of the responses received, see
CVD Initiation Checklist, at Attachment II. The polling
questionnaire and questionnaire responses are on file electronically
via ACCESS and can also be accessed through the CRU.
\21\ See Memorandum, ``Countervailing Duty Petition on Certain
Uncoated Groundwood Paper from Canada: GOC Consultations,'' dated
August 24, 2017; and letter from the GOC re: ``Uncoated Groundwood
Paper from Canada: Submission of Consultations Paper,'' dated August
25, 2017. For a discussion of the GOC's comments, see the AD
Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
Section 702(c)(4)(B) of the Act states that (i) the Department
``shall disregard the position of domestic producers who oppose the
petition if such producers are related to foreign producers, as defined
in section 771(4)(B)(ii), unless such domestic producers demonstrate
that their interests as domestic producers would be adversely affected
by the imposition of an antidumping duty order;'' and (ii) the
Department ``may disregard the position of domestic producers of a
domestic like product who are importers of the subject merchandise.''
In addition, 19 CFR 351.203(e)(4) states that the position of a
domestic producer that opposes the petition (i) will be disregarded if
such producer is related to a foreign producer or to a foreign exporter
under section 771(4)(B)(ii) of the Act, unless such domestic producer
demonstrates to the Secretary's satisfaction that its interests as a
domestic producer would be adversely affected by the imposition of an
antidumping order; and (ii) may be disregarded if the producer is an
importer of the subject merchandise or is related to such an importer
under section 771(4)(B)(ii) of the Act.
We received objection to the Petition from those that produce
domestic like product and are related to a foreign producer of subject
merchandise and/or who imported subject merchandise from Canada. We
have analyzed the information provided in the polling questionnaire
responses and information provided in other submissions to the
Department. Based on our analysis, we disregarded the opposition
pursuant to section 702(c)(4)(B) of the Act. When the position in
opposition to the petition is disregarded, the industry support
requirements of section 702(c)(4)(A) of the Act are satisfied.\22\
---------------------------------------------------------------------------
\22\ See CVD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
The data collected demonstrate that the domestic producers of UGW
paper which support the Petition account for at least 25 percent of the
total production of the domestic like product and, once the opposition
is disregarded, account for more than 50 percent of the production of
the domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petition.\23\ Therefore,
the Department determines that the petitioner filed this Petition on
behalf of the domestic industry in accordance with section 702(b)(1) of
the Act because it is an interested party as defined in section
771(9)(C) of the Act and it has demonstrated sufficient industry
support with respect to the CVD investigation that it is requesting the
Department initiate.\24\
---------------------------------------------------------------------------
\23\ Id.
\24\ Id.
---------------------------------------------------------------------------
Injury Test
Because Canada is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from Canada materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\25\
---------------------------------------------------------------------------
\25\ See Volume I of the Petition, at 19 and Exhibit I-12.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports and significant
increase in the volume of subject imports relative to U.S. consumption;
reduced market share; underselling and price suppression or depression;
lost sales and revenues; adverse effects on production, capacity
utilization, U.S. shipments, and employment; declines in financial
performance; and capacity closures and conversions.\26\ We have
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, and causation, and we have
determined that these allegations are properly supported by adequate
evidence and meet the statutory requirements for initiation.\27\
---------------------------------------------------------------------------
\26\ See Volume I of the Petition, at 17-28, Exhibit I-3,
Exhibit I-6, and Exhibits I-11 through I-17.
\27\ See CVD Initiation Checklist, at Attachment III, Analysis
of Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Certain
Uncoated Groundwood Paper from Canada.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based on the examination of the CVD Petition, we find that the
Petition meets the requirements of section 702 of the Act. Therefore we
are initiating a CVD investigation to determine whether imports of UGW
paper from Canada benefit from countervailable subsidies conferred by
the government of Canada. In accordance with section 703(b)(1) of the
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 65 days after the date of this
initiation.
Under the Trade Preferences Extension Act of 2015, numerous
amendments to the AD and CVD laws were made.\28\ The 2015 law does not
specify dates of application for those amendments. On August 6, 2015,
the Department published an interpretative rule, in which it announced
the applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\29\ The amendments to
sections 776 and 782 of the Act are applicable to all determinations
made on or after August 6, 2015, and, therefore, apply to this CVD
investigation.\30\
---------------------------------------------------------------------------
\28\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\29\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\30\ See Applicability Notice, 80 FR at 46794-95.
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[[Page 41606]]
Subsidy Allegations
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 63 of the 65
alleged programs. For a full discussion of the basis for our decision
to initiate, or not initiate, on each program, see the CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Respondent Selection
The petitioner named seven companies as producers/exporters of UGW
paper in Canada.\31\ Following standard practice in CVD investigations,
in the event the Department determines that the number of companies is
large, the Department intends to review U.S. Customs and Border
Protection (CBP) data for U.S. imports of UGW paper during the POI
under the appropriate Harmonized Tariff Schedule of the United States
subheadings, and if it determines that it cannot individually examine
each company based upon the Department's resources, then the Department
will select respondents based on those data. We intend to release CBP
data under Administrative Protective Order (APO) to all parties with
access to information protected by APO within five business days of the
announcement of the initiation of this investigation. Interested
parties must submit applications for disclosure under APO in accordance
with 19 CFR 351.305(b). Instructions for filing such applications may
be found on the Department's Web site at https://enforcement.trade.gov/apo.
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\31\ See Volume I of the Petition at Exhibit I-9.
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Interested parties may submit comments regarding the CBP data and
respondent selection by 5:00 p.m. ET three calendar days after
publication. The Department will not accept rebuttal comments regarding
the CBP data or respondent selection.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
If respondent selection is necessary, within 20 days of publication of
this notice, we intend to make our decision regarding respondent
selection based upon comments received from interested parties and our
analysis of the record information.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of UGW paper from Canada are materially
injuring, or threatening material injury to, a U.S. industry. A
negative ITC determination will result in the investigation being
terminated.\32\ Otherwise, this investigation will proceed according to
statutory and regulatory time limits.
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\32\ See section 733(a) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). 19 CFR 351.301(b) requires
any party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\33\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\34\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in this
investigation.
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\33\ See 19 CFR 351.301(b).
\34\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301 expires. For submissions
that are due from multiple parties simultaneously, an extension request
will be considered untimely if it is filed after 10:00 a.m. ET on the
due date. Under certain circumstances, we may elect to specify a
different time limit by which extension requests will be considered
untimely for submissions which are due from multiple parties
simultaneously. In such a case, we will inform parties in the letter or
memorandum setting forth the deadline (including a specified time) by
which extension requests must be filed to be considered timely. An
extension request must be made in a separate, stand-alone submission;
under limited circumstances we will grant untimely-filed requests for
the extension of time limits. Parties should review Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior
to submitting factual information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\35\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\36\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\35\ See section 782(b) of the Act.
\36\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On
[[Page 41607]]
January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to
participate in this investigation should ensure that they meet the
requirements of these procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702(c)(2)
and 777(i) of the Act and 19 CFR 351.203(c).
Dated: August 29, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation includes certain
paper that has not been coated on either side and with 50 percent or
more of the cellulose fiber content consisting of groundwood pulp,
including groundwood pulp made from recycled paper, weighing not
more than 90 grams per square meter. Groundwood pulp includes all
forms of pulp produced from a mechanical pulping process, such as
thermo-mechanical process (TMP), chemi-thermo mechanical process
(CTMP), bleached chemi-thermo mechanical process (BCTMP) or any
other mechanical pulping process. The scope includes paper shipped
in any form, including but not limited to both rolls and sheets.
Certain uncoated groundwood paper includes but is not limited to
standard newsprint, high bright newsprint, book publishing,
directory, and printing and writing papers. The scope includes paper
that is white, off-white, cream, or colored.
Specifically excluded from the scope are imports of certain
uncoated groundwood paper printed with final content of printed text
or graphic. Also excluded are papers that otherwise meet this
definition, but which have undergone a supercalendering process.\37\
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\37\ Supercalendering imparts a glossy finish produced by the
movement of the paper web through a supercalender which is a stack
of alternating rollers of metal and cotton (or other softer
material). The supercalender runs at high speed and applies
pressure, heat, and friction which glazes the surface of the paper,
imparting gloss to the surface and increasing the paper's smoothness
and density.
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Certain uncoated groundwood paper is classifiable in the
Harmonized Tariff Schedule of the United States (HTSUS) in several
subheadings, including 4801.00.0120, 4801.00.0140, 4802.61.1000,
4802.61.2000, 4802.61.3110, 4802.61.3191, 4802.61.6040,
4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.6140,
4802.69.1000, 4802.69.2000, and 4802.69.3000. Subject merchandise
may also be imported under several additional subheadings including
4805.91.5000, 4805.91.7000, and 4805.91.9000. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise is dispositive.
[FR Doc. 2017-18727 Filed 8-31-17; 8:45 am]
BILLING CODE 3510-DS-P