Supercalendered Paper From Canada: Preliminary Results of Countervailing Duty Administrative Review and Rescission, in Part; 2015, 354-355 [2017-28198]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 354 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices (a) German Institute for Standardization (DIN) specifications DIN 2391–2, DIN 2393– 2, DIN 2394–2); (b) European Standards (EN) EN 10305–1, EN 10305–2, EN 10305–4, EN 10305–6 and European national variations on those standards (e.g., British Standard (BS EN), Irish Standard (IS EN) and German Standard (DIN EN) variations, etc.); (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 3445; and (6) proprietary standards that are based on one of the above-listed standards. The subject cold-drawn mechanical tubing may also be dual or multiple certified to more than one standard. Pipe that is multiple certified as cold-drawn mechanical tubing and to other specifications not covered by this scope, is also covered by the scope of this investigation when it meets the physical description set forth above. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight. For purposes of this scope, the place of cold-drawing determines the country of origin of the subject merchandise. Subject merchandise that is subject to minor working in a third country that occurs after drawing in one of the subject countries including, but not limited to, heat treatment, cutting to length, straightening, nondestructive testing, deburring or chamfering, remains within the scope of this investigation. All products that meet the written physical description are within the scope of this investigation unless specifically excluded or covered by the scope of an existing order. Merchandise that meets the physical description of cold-drawn mechanical tubing above is within the scope of the investigation even if it is also dual or multiple certified to an otherwise excluded specification listed below. The following products are outside of, and/or specifically excluded from, the scope of this investigation: (1) Cold-drawn stainless steel tubing, containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight; (2) products certified to one or more of the ASTM, ASME or American Petroleum Institute (API) specifications listed below: • ASTM A–53; • ASTM A–106; • ASTM A–179 (ASME SA 179); • ASTM A–192 (ASME SA 192); • ASTM A–209 (ASME SA 209); • ASTM A–210 (ASME SA 210); • ASTM A–213 (ASME SA 213); • ASTM A–334 (ASME SA 334); • ASTM A–423 (ASME SA 423); • ASTM A–498; • ASTM A–496 (ASME SA 496); • ASTM A–199; • ASTM A–500; • ASTM A–556; • ASTM A–565; • API 5L; and • API 5CT except that any cold-drawn tubing product certified to one of the above excluded specifications will not be excluded from the scope if it is also dual- or multiple-certified VerDate Sep<11>2014 16:13 Jan 02, 2018 Jkt 244001 to any other specification that otherwise would fall within the scope of this investigation. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 7306.50.5030. Subject merchandise may also enter under numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2017–28403 Filed 1–2–18; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [C–122–854] Supercalendered Paper From Canada: Preliminary Results of Countervailing Duty Administrative Review and Rescission, in Part; 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is conducting an administrative review of the countervailing duty (CVD) order on supercalendered paper (SC paper) from Canada. The period of review (POR) is August 3, 2015, through December 31, 2015. We preliminarily determine that Port Hawkesbury Paper LP (Port Hawkesbury); Resolute FP Canada Inc. and Resolute FP US Inc. (collectively, Resolute); and Irving Paper Limited (Irving) received countervailable subsidies during the POR. Interested parties are invited to comment on these preliminary results. DATES: Applicable January 3, 2018. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, Emily Halle, or Aimee Phelan, Office I, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1395, (202) 482–0176, and (202) 482–0697, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 10, 2015, Commerce issued a countervailing duty order on SC paper from Canada.1 Several 1 See Supercalendered Paper From Canada: Countervailing Duty Order, 80 FR 76668 (December 10, 2015) (CVD Order). Frm 00013 Fmt 4703 Scope of the Order The product covered by this order is SC paper. A full description of the scope of the order is contained in the Preliminary Decision Memorandum, which is hereby adopted by this notice.3 Methodology BILLING CODE 3510–DS–P PO 00000 interested parties requested that Commerce conduct an administrative review of the CVD Order, and, on February 13, 2017, Commerce published in the Federal Register a notice of initiation of an administrative review of the CVD Order for four producers/ exporters for the POR.2 Sfmt 4703 Commerce is conducting this CVD administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that confers a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. The list of topics discussed in the Preliminary Decision Memorandum is included as an Appendix to this notice. The Preliminary 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 http://access.trade.gov, and 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 Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/ index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. We calculated a CVD rate for each producer/exporter of the subject merchandise for which an 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 10457 (February 13, 2017). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Administrative Review of the Countervailing Duty Order on Supercalendered Paper from Canada; 2015,’’ dated concurrently with this notice (Preliminary Decision Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\03JAN1.SGM 03JAN1 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices administrative review was requested, except as discussed below. Partial Rescission of Administrative Review Commerce initiated an administrative review of the CVD Order on February 13, 2017 for Catalyst Paper Corporation, Catalyst Pulp and Paper Sales Inc., and Catalyst Paper (USA) Inc. (collectively, Catalyst). On April 24, 2017, we issued the final results of the expedited review of the CVD Order, in which we determined a countervailable subsidy rate for Catalyst that is de minimis. Therefore, pursuant to 19 CFR 351.214(k)(3)(iv), we excluded Catalyst from the CVD Order.5 On May 17, 2017, Commerce issued a memorandum stating our intention to rescind the administrative review with respect to Catalyst.6 Therefore, because Catalyst has been excluded from the CVD Order, we are rescinding the administrative review with respect to Catalyst. Preliminary Results of Review In accordance with 19 CFR 351.221(b)(4)(i), we calculated an individual subsidy rate for Port Hawkesbury, Resolute, and Irving. For the POR, we preliminarily determine that the following net subsidy rates for the producers/exporters under review to be as follows: or rebuttal briefs are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and, (3) a table of authorities.10 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. Requests should contain the party’s name, address, and telephone number; the number of participants; and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, within 120 days after the date of publication of these preliminary results. Assessment Rates and Cash Deposit Company Instructions Upon completion of the Port Hawkesbury Paper LP .. 15.65 administrative review, pursuant to Resolute FP Canada Inc., and Resolute FP US Inc ... 1.79 section 751(a)(1) of the Act, Commerce Irving Paper Limited ............. 5.13 shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate Disclosure and Public Comment entries covered by this review. We Commerce will disclose to parties to intend to issue assessment instructions this proceeding the calculations to CBP 15 days after publication of the performed in connection with these final results of this review. preliminary results within five days of Commerce also intends to instruct 7 Unless the publication of this notice. CBP to collect cash deposits of Department changes the deadlines, estimated countervailing duties in the interested parties may submit case briefs amounts indicated above for each within seven days after the date on company listed on shipments of subject which the last verification report is merchandise entered, or withdrawn issued in this proceeding, and rebuttal from warehouse, for consumption on or briefs no later than five days after the after the date of publication of the final deadline for filing case briefs.8 Rebuttal results of this administrative review. For briefs must be limited to issues raised in all non-reviewed firms, we will instruct the case briefs.9 Parties who submit case CBP to collect cash deposits of estimated countervailing duties at the 5 See Supercalendered Paper From Canada: Final most recent company-specific or allResults of Countervailing Duty Expedited Review, others rate applicable to the company, 82 FR 18896 (April 24, 2017) (Expedited Review) and accompanying Issues and Decision as appropriate. These cash deposit Memorandum. requirements, when imposed, shall 6 See Memorandum, ‘‘Rescission of Catalyst Paper remain in effect until further notice. Corporation, Catalyst Pulp and Paper Sales Inc., and As discussed above, Commerce is Catalyst Paper (USA) Inc.,’’ May 17, 2017. 7 See 19 CFR 351.224(b). rescinding the administrative review sradovich on DSK3GMQ082PROD with NOTICES Subsidy rate (percent) 8 See 9 See 19 CFR 351.309(c)(1)(ii) and (d)(1). 19 CFR 351.309(d)(2). VerDate Sep<11>2014 16:13 Jan 02, 2018 Jkt 244001 10 See PO 00000 19 CFR 351.309(c)(2) and (d)(2). Frm 00014 Fmt 4703 Sfmt 9990 355 with respect to Catalyst. As we explained in the Expedited Review, Commerce’s practice with respect to exclusions of companies from a CVD order is to exclude the subject merchandise both produced and exported by those companies.11 As a result, we instructed CBP to discontinue the suspension of liquidation and the collection of cash deposits of estimated countervailing duties on all shipments of SC paper produced and exported by Catalyst, entered, or withdrawn, from warehouse for consumption on or after April 24, 2017.12 In addition, we instructed CBP to liquidate, without regard to countervailing duties, all suspended entries of shipments of SC paper produced and exported by Catalyst, and to refund all cash deposits of estimated countervailing duties collected on all such shipments that were suspended on or after August 3, 2015.13 Merchandise that Catalyst exports but does not produce, as well as merchandise Catalyst produces but is exported by another company, remain subject to countervailing duty order.14 This administrative review and notice are in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: December 21, 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 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation V. Analysis of Programs VI. Disclosure and Public Comment VII. Conclusion [FR Doc. 2017–28198 Filed 1–2–18; 8:45 am] BILLING CODE 3510–DS–P 11 See Expedited Review, 82 FR at 18897 (citing Certain Corrosion-Resistant Steel Products from India, Italy, Republic of Korea and the People’s Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, 2016)). 12 See CBP Message Number 7122301, dated May 2, 2017. 13 Id. 14 See Expedited Review, 82 FR at 18897. E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Pages 354-355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28198]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-854]


Supercalendered Paper From Canada: Preliminary Results of 
Countervailing Duty Administrative Review and Rescission, in Part; 2015

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the countervailing duty (CVD) order on 
supercalendered paper (SC paper) from Canada. The period of review 
(POR) is August 3, 2015, through December 31, 2015. We preliminarily 
determine that Port Hawkesbury Paper LP (Port Hawkesbury); Resolute FP 
Canada Inc. and Resolute FP US Inc. (collectively, Resolute); and 
Irving Paper Limited (Irving) received countervailable subsidies during 
the POR. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable January 3, 2018.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, Emily Halle, or 
Aimee Phelan, Office I, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
1395, (202) 482-0176, and (202) 482-0697, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 10, 2015, Commerce issued a countervailing duty order 
on SC paper from Canada.\1\ Several interested parties requested that 
Commerce conduct an administrative review of the CVD Order, and, on 
February 13, 2017, Commerce published in the Federal Register a notice 
of initiation of an administrative review of the CVD Order for four 
producers/exporters for the POR.\2\
---------------------------------------------------------------------------

    \1\ See Supercalendered Paper From Canada: Countervailing Duty 
Order, 80 FR 76668 (December 10, 2015) (CVD Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 10457 (February 13, 2017).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this order is SC paper. A full description 
of the scope of the order is contained in the Preliminary Decision 
Memorandum, which is hereby adopted by this notice.\3\
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Administrative Review of the Countervailing Duty Order on 
Supercalendered Paper from Canada; 2015,'' dated concurrently with 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this CVD administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found countervailable, we 
preliminarily determine that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that confers a benefit to the 
recipient, and that the subsidy is specific.\4\ For a full description 
of the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum. The list of topics discussed in the 
Preliminary Decision Memorandum is included as an Appendix to this 
notice. The Preliminary 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 http://access.trade.gov, and 
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 Preliminary Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    We calculated a CVD rate for each producer/exporter of the subject 
merchandise for which an

[[Page 355]]

administrative review was requested, except as discussed below.

Partial Rescission of Administrative Review

    Commerce initiated an administrative review of the CVD Order on 
February 13, 2017 for Catalyst Paper Corporation, Catalyst Pulp and 
Paper Sales Inc., and Catalyst Paper (USA) Inc. (collectively, 
Catalyst). On April 24, 2017, we issued the final results of the 
expedited review of the CVD Order, in which we determined a 
countervailable subsidy rate for Catalyst that is de minimis. 
Therefore, pursuant to 19 CFR 351.214(k)(3)(iv), we excluded Catalyst 
from the CVD Order.\5\ On May 17, 2017, Commerce issued a memorandum 
stating our intention to rescind the administrative review with respect 
to Catalyst.\6\ Therefore, because Catalyst has been excluded from the 
CVD Order, we are rescinding the administrative review with respect to 
Catalyst.
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    \5\ See Supercalendered Paper From Canada: Final Results of 
Countervailing Duty Expedited Review, 82 FR 18896 (April 24, 2017) 
(Expedited Review) and accompanying Issues and Decision Memorandum.
    \6\ See Memorandum, ``Rescission of Catalyst Paper Corporation, 
Catalyst Pulp and Paper Sales Inc., and Catalyst Paper (USA) Inc.,'' 
May 17, 2017.
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Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated an 
individual subsidy rate for Port Hawkesbury, Resolute, and Irving. For 
the POR, we preliminarily determine that the following net subsidy 
rates for the producers/exporters under review to be as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Port Hawkesbury Paper LP................................           15.65
Resolute FP Canada Inc., and Resolute FP US Inc.........            1.79
Irving Paper Limited....................................            5.13
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in connection with these preliminary results 
within five days of publication of this notice.\7\ Unless the 
Department changes the deadlines, interested parties may submit case 
briefs within seven days after the date on which the last verification 
report is issued in this proceeding, and rebuttal briefs no later than 
five days after the deadline for filing case briefs.\8\ Rebuttal briefs 
must be limited to issues raised in the case briefs.\9\ Parties who 
submit case or rebuttal briefs are requested to submit with the 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and, (3) a table of authorities.\10\ Pursuant to 19 CFR 
351.310(c), interested parties who wish to request a hearing must do so 
within 30 days of publication of these preliminary results by 
submitting a written request to the Assistant Secretary for Enforcement 
and Compliance, U.S. Department of Commerce, filed electronically using 
ACCESS. Requests should contain the party's name, address, and 
telephone number; the number of participants; and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230, at a time and location to be determined. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
    \9\ See 19 CFR 351.309(d)(2).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of its analysis of issues 
raised in any written briefs, within 120 days after the date of 
publication of these preliminary results.

Assessment Rates and Cash Deposit Instructions

    Upon completion of the administrative review, pursuant to section 
751(a)(1) of the Act, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend to issue 
assessment instructions to CBP 15 days after publication of the final 
results of this review.
    Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts indicated above for each 
company listed on shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this administrative review. For all 
non-reviewed firms, we will instruct CBP to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate applicable to the company, as appropriate. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
    As discussed above, Commerce is rescinding the administrative 
review with respect to Catalyst. As we explained in the Expedited 
Review, Commerce's practice with respect to exclusions of companies 
from a CVD order is to exclude the subject merchandise both produced 
and exported by those companies.\11\ As a result, we instructed CBP to 
discontinue the suspension of liquidation and the collection of cash 
deposits of estimated countervailing duties on all shipments of SC 
paper produced and exported by Catalyst, entered, or withdrawn, from 
warehouse for consumption on or after April 24, 2017.\12\ In addition, 
we instructed CBP to liquidate, without regard to countervailing 
duties, all suspended entries of shipments of SC paper produced and 
exported by Catalyst, and to refund all cash deposits of estimated 
countervailing duties collected on all such shipments that were 
suspended on or after August 3, 2015.\13\ Merchandise that Catalyst 
exports but does not produce, as well as merchandise Catalyst produces 
but is exported by another company, remain subject to countervailing 
duty order.\14\
---------------------------------------------------------------------------

    \11\ See Expedited Review, 82 FR at 18897 (citing Certain 
Corrosion-Resistant Steel Products from India, Italy, Republic of 
Korea and the People's Republic of China: Countervailing Duty Order, 
81 FR 48387 (July 25, 2016)).
    \12\ See CBP Message Number 7122301, dated May 2, 2017.
    \13\ Id.
    \14\ See Expedited Review, 82 FR at 18897.
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    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: December 21, 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

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Analysis of Programs
VI. Disclosure and Public Comment
VII. Conclusion

[FR Doc. 2017-28198 Filed 1-2-18; 8:45 am]
 BILLING CODE 3510-DS-P