Certain Uncoated Groundwood Paper From Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 2133-2135 [2018-00570]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices of proposed panelists for a hearing on Access to Voting in Alabama. DATES: The meeting will be held on Tuesday, January 16, 2017, at 11:00 a.m. (Central). Public Call Information: Dial: 888– 471–3840, Conference ID: 4589358. FOR FURTHER INFORMATION CONTACT: David Barreras, DFO, at dbarreras@ usccr.gov or 312–353–8311 SUPPLEMENTARY INFORMATION: Members of the public can listen to the discussion. This meeting is available to the public through the following tollfree call-in number: 888–471–3840, conference ID: 4589358. Any interested member of the public may call this number and listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over landline connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–977–8339 and providing the Service with the conference call number and conference ID number. Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Midwestern Regional Office, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353–8324, or emailed to David Barreras at dbarreras@ usccr.gov. Persons who desire additional information may contact the Midwestern Regional Office at (312) 353–8311. Records generated from this meeting may be inspected and reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Alabama Advisory Committee link (https://www.facadatabase.gov/ committee/committee.aspx?cid= 233&aid=17). Persons interested in the work of this Committee are directed to the Commission’s website, https:// VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 www.usccr.gov, or may contact the Midwestern Regional Office at the above email or street address. Agenda Welcome and Roll Call Proposed Panelists for a hearing on Access to Voting in Alabama Discussion on a venue for the hearing Next Steps Public Comment Adjournment Exceptional Circumstance: Pursuant to 41 CFR 102–3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting because of the exceptional circumstance of this Committee doing work on the FY 2018 statutory enforcement report. Dated: January 10, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2018–00564 Filed 1–12–18; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration Certain Uncoated Groundwood Paper From Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain uncoated groundwood paper (UGW paper) from Canada. The period of investigation is January 1, 2016, through December 31, 2016. DATES: Applicable January 16, 2018. FOR FURTHER INFORMATION CONTACT: David Crespo or Whitley Herndon, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3693 or (202) 482–6274, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation Frm 00003 on September 1, 2017.1 On October 19, 2017, Commerce postponed the preliminary determination of this investigation and the revised deadline is now January 8, 2018.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II 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 https:// 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 at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation [C–122–862] PO 00000 2133 Fmt 4703 Sfmt 4703 The product covered by this investigation is UGW paper from Canada. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e. , scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. Commerce intends to issue its preliminary decision regarding comments concerning the scope of the antidumping (AD) and countervailing duty (CVD) investigations in the preliminary determination of the companion AD investigation. 1 See Certain Uncoated Groundwood Paper from Canada: Initiation of Countervailing Duty Investigation, 82 FR 41603 (September 1, 2017) (Initiation Notice). 2 See Certain Uncoated Groundwood Paper from Canada: Postponement of Preliminary Determination of Countervailing Duty Investigation, 82 FR 48681 (October 19, 2017). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Uncoated Groundwood Paper from Canada,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. E:\FR\FM\16JAN1.SGM 16JAN1 2134 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e. , a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.7 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of UGW paper from Canada based on a request made by the petitioner.8 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than May 22, 2018, unless postponed. daltland on DSKBBV9HB2PROD with NOTICES All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated individually estimated countervailable subsidy rates for Catalyst Paper Corporation (Catalyst), Kruger Trois-Rivieres L.P. (Kruger), and Resolute FP Canada Inc. (Resolute), that 6 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. 7 See sections 776(a) and (b) of the Act. 8 See Letter from the petitioner, ‘‘Countervailing Duty Investigation of Certain Uncoated Groundwood Paper from Canada: Request for Alignment,’’ dated December 18, 2017. VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 are not zero, de minimis , or based entirely on facts otherwise available.9 Commerce calculated the all-others rate using a weighted-average of the individually estimated subsidy rates calculated for the examined respondents using each company’s business proprietary data for the merchandise under consideration.10 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Ad Valorem, subsidy rate (percent) Company Public Comment Case briefs or other written comments Catalyst Paper Corporation 11 .. 6.09 may be submitted to the Assistant Kruger Trois-Rivieres L.P 12 ..... 9.93 Secretary for Enforcement and Resolute FP Canada Inc 13 ...... 4.42 Compliance no later than seven days White Birch Paper Canada after the date on which the last * 0.65 Company NSULC 14 .............. verification report is issued in this All-Others .................................. 6.53 investigation. Rebuttal briefs, limited to * de minimis. issues raised in case briefs, may be submitted no later than five days after Suspension of Liquidation the deadline date for case briefs.15 In accordance with section Pursuant to 19 CFR 351.309(c)(2) and 703(d)(1)(B) and (d)(2) of the Act, (d)(2), parties who submit case briefs or Commerce will direct U.S. Customs and rebuttal briefs in this investigation are Border Protection (CBP) to suspend encouraged to submit with each liquidation of entries of subject argument: (1) A statement of the issue; merchandise as described in the scope (2) a brief summary of the argument; of the investigation section entered, or and (3) a table of authorities. withdrawn from warehouse, for Pursuant to 19 CFR 351.310(c), consumption on or after the date of interested parties who wish to request a publication of this notice in the Federal hearing, limited to issues raised in the Register . Further, pursuant to 19 CFR case and rebuttal briefs, must submit a 351.205(d), Commerce will instruct CBP written request to the Assistant to require a cash deposit equal to the Secretary for Enforcement and rates indicated above. Because the Compliance, U.S. Department of subsidy rate for White Birch is de Commerce within 30 days after the date minimis , Commerce is directing CBP of publication of this notice. Requests not to suspend liquidation of entries of should contain the party’s name, the merchandise from this company. address, and telephone number, the number of participants, whether any 9 See MacLean-Fogg Co. v. United States, 753 participant is a foreign national, and a F.3d 1237 (Fed. Cir. 2014) (holding that voluntary list of the issues to be discussed. If a respondents are considered ‘‘individually investigated’’ for purposes of calculating the allrequest for a hearing is made, Commerce others rate). Commerce accepted White Birch Paper intends to hold the hearing at the U.S. Canada Company NSULC (White Birch) as a Department of Commerce, 1401 voluntary respondent in this investigation. Constitution Avenue NW, Washington, However, we have preliminarily calculated a de minimis subsidy rate for White Birch; thus, in DC 20230, at a time and date to be accordance with Sections 703(d) and 705(c)(5)(A) of determined. Parties should confirm by the Act, we have not included White Birch’s de telephone the date, time, and location of minimis subsidy rate in the calculation of the allothers rate for this preliminary determination. 10 See Memorandum, ‘‘Countervailing Duty Investigation of Certain Uncoated Groundwood Paper from Canada: All Others Rate Calculation for Preliminary Determination,’’ dated January 8, 2018. 11 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Catalyst Paper Corporation: Catalyst Paper, Catalyst Pulp Operations Limited, and Catalyst Pulp and Paper Sales Inc. 12 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Kruger TroisRivieres L.P.: Kruger Publication Papers Inc., Corner Brook Pulp and Paper Limited, Kruger Energy PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Bromptonville LP, Kruger Holdings L.P., Kruger Holdings GP Inc., and Kruger Inc. 13 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Resolute FP Canada Inc.: Resolute FP Canada, Fibrek General Partnership (Fibrek), and Resolute Growth. 14 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with White Birch Paper Canada Company NSULC: Papier Masson WB (White Birch) LP, FF Soucy WB LP, and Stadacona WB LP. 15 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\16JAN1.SGM 16JAN1 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: January 8, 2018. Gary Taverman, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive function and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation daltland on DSKBBV9HB2PROD with NOTICES 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.16 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, 16 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 22:48 Jan 12, 2018 Jkt 244001 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 4805.91.9000.17 Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Injury Test V. Subsidies Valuation VI. Application of Facts Otherwise Available and Facts Otherwise Available With an Adverse Inference VII. Analysis of Programs VIII. Conclusion Appendix I: Not-Used and Not-Measurable Programs, by Company [FR Doc. 2018–00570 Filed 1–12–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–816] Carbon and Alloy Steel Wire Rod From Ukraine: Affirmative Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (Department) determines that imports of carbon and alloy steel wire rod (wire rod) from Ukraine are being, or are likely to be, sold in the United States at less than fair value (LTFV). The final estimated weighted-average dumping margins of sales at LTFV are listed below in the section entitled ‘‘Final Determination.’’ The period of investigation is January 1, 2016, through December 31, 2016. DATES: Applicable January 16, 2018. FOR FURTHER INFORMATION CONTACT: Julia Hancock or Courtney Canales, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1394, or (202) 482–4997, respectively. AGENCY: SUPPLEMENTARY INFORMATION: 17 The following HTSUS numbers are no longer active as of January 1, 2017: 4801.00.0020, 4801.00.0040, 4802.61.3010, 4802.61.3091, and 4802.62.6040. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 2135 Background On October 31, 2017, the Department published the Preliminary Determination in the Federal Register.1 The petitioners in this investigation are Gerdau Ameristeel US Inc., Nucor Corporation, Keystone Consolidated Industries, Inc., and Charter Steel (collectively, the petitioners). The mandatory respondents in this investigation are ArcelorMittal Steel Kryvyi Rih OJSC (AMKR) and Public Joint Stock Company (PJSC) Yenakiieve Steel (Yenakiieve).2 In the Preliminary Determination, the Department determined that the application of facts available with an adverse inference (AFA) was warranted as a result of AMKR’s and Yenakiieve’s failure to cooperate and provide complete, useable data in this investigation. A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the accompanying Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document, and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are generally described as 1 See Carbon and Alloy Steel Wire Rod from Ukraine: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 82 FR 50375 (October 31, 2017) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 The Department preliminarily determined not to further examine Duferco S.A. (Duferco) as part of this investigation because the evidence does not show that Duferco made any sales of subject merchandise in the United States during the POI. For the final determination, we continue to find that Duferco had no sales of subject merchandise during the POI. As such, any entries of subject merchandise exported by Duferco will be subject to the All-Others Rate. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Carbon and Alloy Steel Wire Rod from Ukraine,’’ dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2133-2135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00570]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-862]


Certain Uncoated Groundwood Paper From Canada: Preliminary 
Affirmative Countervailing Duty Determination, and Alignment of Final 
Determination With Final Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of certain uncoated groundwood paper (UGW paper) from Canada. 
The period of investigation is January 1, 2016, through December 31, 
2016.

DATES: Applicable January 16, 2018.

FOR FURTHER INFORMATION CONTACT: David Crespo or Whitley Herndon, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3693 or (202) 
482-6274, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on September 
1, 2017.\1\ On October 19, 2017, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
January 8, 2018.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix II 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 https://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 
at https://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Groundwood Paper from Canada: 
Initiation of Countervailing Duty Investigation, 82 FR 41603 
(September 1, 2017) (Initiation Notice).
    \2\ See Certain Uncoated Groundwood Paper from Canada: 
Postponement of Preliminary Determination of Countervailing Duty 
Investigation, 82 FR 48681 (October 19, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Countervailing Duty Investigation of Certain 
Uncoated Groundwood Paper from Canada,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is UGW paper from Canada. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e. , scope).\5\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

    Commerce intends to issue its preliminary decision regarding 
comments concerning the scope of the antidumping (AD) and 
countervailing duty (CVD) investigations in the preliminary 
determination of the companion AD investigation.

[[Page 2134]]

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e. , a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
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    \6\ 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.
---------------------------------------------------------------------------

    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that one or more respondents 
did not act to the best of their ability to respond to Commerce's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\7\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memorandum.
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    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final CVD determination in this investigation with the 
final determination in the companion AD investigation of UGW paper from 
Canada based on a request made by the petitioner.\8\ Consequently, the 
final CVD determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
May 22, 2018, unless postponed.
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    \8\ See Letter from the petitioner, ``Countervailing Duty 
Investigation of Certain Uncoated Groundwood Paper from Canada: 
Request for Alignment,'' dated December 18, 2017.
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All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, Commerce calculated individually estimated 
countervailable subsidy rates for Catalyst Paper Corporation 
(Catalyst), Kruger Trois-Rivieres L.P. (Kruger), and Resolute FP Canada 
Inc. (Resolute), that are not zero, de minimis , or based entirely on 
facts otherwise available.\9\ Commerce calculated the all-others rate 
using a weighted-average of the individually estimated subsidy rates 
calculated for the examined respondents using each company's business 
proprietary data for the merchandise under consideration.\10\
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    \9\ See MacLean-Fogg Co. v. United States, 753 F.3d 1237 (Fed. 
Cir. 2014) (holding that voluntary respondents are considered 
``individually investigated'' for purposes of calculating the all-
others rate). Commerce accepted White Birch Paper Canada Company 
NSULC (White Birch) as a voluntary respondent in this investigation. 
However, we have preliminarily calculated a de minimis subsidy rate 
for White Birch; thus, in accordance with Sections 703(d) and 
705(c)(5)(A) of the Act, we have not included White Birch's de 
minimis subsidy rate in the calculation of the all-others rate for 
this preliminary determination.
    \10\ See Memorandum, ``Countervailing Duty Investigation of 
Certain Uncoated Groundwood Paper from Canada: All Others Rate 
Calculation for Preliminary Determination,'' dated January 8, 2018.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                             Ad Valorem,
                                                                subsidy
                          Company                                rate
                                                              (percent)
------------------------------------------------------------------------
Catalyst Paper Corporation 11..............................         6.09
Kruger Trois-Rivieres L.P 12...............................         9.93
Resolute FP Canada Inc 13..................................         4.42
White Birch Paper Canada Company NSULC 14..................       * 0.65
All-Others.................................................         6.53
------------------------------------------------------------------------
* de minimis.

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register . Further, pursuant to 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the rates indicated above. Because the subsidy rate for White Birch 
is de minimis , Commerce is directing CBP not to suspend liquidation of 
entries of the merchandise from this company.
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    \11\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Catalyst Paper Corporation: Catalyst Paper, Catalyst Pulp Operations 
Limited, and Catalyst Pulp and Paper Sales Inc.
    \12\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Kruger Trois-Rivieres L.P.: Kruger Publication Papers Inc., Corner 
Brook Pulp and Paper Limited, Kruger Energy Bromptonville LP, Kruger 
Holdings L.P., Kruger Holdings GP Inc., and Kruger Inc.
    \13\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Resolute FP Canada Inc.: Resolute FP Canada, Fibrek General 
Partnership (Fibrek), and Resolute Growth.
    \14\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
White Birch Paper Canada Company NSULC: Papier Masson WB (White 
Birch) LP, FF Soucy WB LP, and Stadacona WB LP.
---------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\15\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of

[[Page 2135]]

the hearing two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: January 8, 2018.
Gary Taverman,
Deputy Assistant Secretary for Enforcement and Compliance, performing 
the non-exclusive function and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--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.\16\
---------------------------------------------------------------------------

    \16\ 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.
---------------------------------------------------------------------------

    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.\17\ Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.
---------------------------------------------------------------------------

    \17\ The following HTSUS numbers are no longer active as of 
January 1, 2017: 4801.00.0020, 4801.00.0040, 4802.61.3010, 
4802.61.3091, and 4802.62.6040.
---------------------------------------------------------------------------

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Injury Test
V. Subsidies Valuation
VI. Application of Facts Otherwise Available and Facts Otherwise 
Available With an Adverse Inference
VII. Analysis of Programs
VIII. Conclusion
Appendix I: Not-Used and Not-Measurable Programs, by Company

 [FR Doc. 2018-00570 Filed 1-12-18; 8:45 am]
BILLING CODE 3510-DS-P
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