Certain Uncoated Groundwood Paper From Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 11960-11963 [2018-05486]

Download as PDF 11960 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of this notice in the Federal Register.10 Rebuttal comments to case briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the date for filing case briefs.11 Parties who submit arguments in this proceeding are requested to submit with each argument: (a) A statement of the issue, (b) a brief summary of the argument, and (c) a table of authorities.12 Parties submitting briefs should do so pursuant to Commerce’s electronic filing system: Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).13 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days of the date of publication of this notice. Hearing requests should contain the following information: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. If a request for a hearing is made, parties will be notified of the time and date of the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. Unless extended, we intend to issue the final results of this administrative review, including our analysis of all issues raised in any written brief, not later than 120 days of publication of this notice in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.14 In accordance with Commerce’s practice, for entries of subject merchandise during the POR for which Euro SME did not know that the 19 CFR 351.309(c)(1)(ii). 11 See 19 CFR 351.309(d)(1)(2). 12 See 19 CFR 351.309(c)(2), (d)(2). 13 See 19 CFR 351.303 (for general filing requirements). 14 See 19 CFR 351.212(b). merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction 15 We intend to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements 16:43 Mar 16, 2018 Jkt 244001 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this period. Failure to comply with this requirement may result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice is issued in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). 15 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 [FR Doc. 2018–05481 Filed 3–16–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided for by section 751(a)(2)(C) of the Act: (1) For Euro SME, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to Euro SME in the most recently completed review of the company; (2) for previously investigated or reviewed companies, the cash deposit rate will continue to be the companyspecific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the producer is, the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters is 2.40 percent. These deposit requirements, when imposed, shall remain in effect until further notice. 10 See VerDate Sep<11>2014 Dated: March 13, 2018. 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. International Trade Administration [A–122–861] Certain Uncoated Groundwood Paper From Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain uncoated groundwood paper (UGW paper) from Canada is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2016, through June 30, 2017. DATES: Applicable March 19, 2018. FOR FURTHER INFORMATION CONTACT: David Goldberger or Terre Keaton Stefanova, 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) 482–4136 or (202) 482–1280, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(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 December 21, 2017, Commerce postponed the preliminary determination of this investigation until March 7, 2018.2 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018. If the new 1 See Certain Uncoated Groundwood Paper from Canada: Initiation of Less-Than-Fair-Value Investigation, 82 FR 41599 (September 1, 2017) (Initiation Notice). 2 See Certain Uncoated Groundwood Paper From Canada: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 82 FR 60586 (December 21, 2017). E:\FR\FM\19MRN1.SGM 19MRN1 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the preliminary determination of this investigation is now March 12, 2018.3 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics included 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 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 the electronic versions of the Preliminary Decision Memorandum are identical in content. 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. sradovich on DSK3GMQ082PROD with NOTICES 3 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Uncoated Groundwood Paper,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 6 See Initiation Notice. 7 See Memorandum, ‘‘Certain Uncoated Groundwood Paper from Canada: Scope Comments Decision Memorandum for the Preliminary Determination’’ (Preliminary Scope Decision 16:43 Mar 16, 2018 Jkt 244001 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce calculated export price in accordance with section 772(a) of the Act. Alternatively, as appropriate, Commerce calculated constructed export price in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Scope Comments In accordance with the Preamble to Commerce’s regulations,5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).6 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.7 VerDate Sep<11>2014 After evaluating these comments, Commerce has preliminarily modified the scope language as it appeared in the Initiation Notice to exclude: 1) Paper that has undergone a creping process over the entire surface area of the paper; 2) UGW construction paper and UGW manila drawing paper in sheet or roll format; and 3) directory paper. See the revised scope in Appendix I to this notice. For further discussion, see the Preliminary Scope Decision Memorandum. Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that, in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce preliminarily found zero rates for Resolute FP Canada Inc. and Donohue Malbaie Inc. (collectively, Resolute), and White Birch Paper Canada Company, Papier Masson WB LP, FF Soucy WB LP, and Stadacona WB LP (collectively, White Birch Paper). Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Catalyst Pulp and Paper Sales, Inc. and Catalyst Paper General Partnership (collectively, Catalyst). Consequently, the rate calculated for Catalyst is also assigned as the rate for all-other producers and exporters in this investigation. Memorandum), dated concurrently with this preliminary determination. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 11961 Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Exporter/producer Catalyst Pulp and Paper Sales, Inc./Catalyst Paper General Partnership .............................. Resolute FP Canada Inc/ Donohue Malbaie Inc .............. White Birch Paper Canada Company/Papier Masson WB LP/ FF Soucy WB LP/Stadacona WB LP ..................................... All Others .................................... Estimated weightedaverage dumping margin (percent) 22.16 0.00 0.00 22.16 Suspension of Liquidation In accordance with section 733(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 Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated allothers rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the companyspecific estimated weighted-average dumping margins determined in this preliminary determination, except if that rate is zero or de minimis, no cash deposit will be required; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weightedaverage dumping margin established for that producer of the subject merchandise, except as explained below; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Because the estimated weightedaverage dumping margins for Resolute and White Birch Paper are zero, entries of shipments of subject merchandise from these companies will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP not to suspend liquidation of E:\FR\FM\19MRN1.SGM 19MRN1 11962 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices entries of subject merchandise produced and exported by: (1) Resolute; and (2) White Birch Paper. Entries of shipments of subject merchandise from Resolute or White Birch Paper in any other producer/exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combinations, are subject to the provisional measures at the all others rate. Should the final estimated weightedaverage dumping margin be zero or de minimis for Resolute and White Birch Paper, entries of shipments of subject merchandise produced and exported by either Resolute or White Birch Paper will be excluded from the potential antidumping duty order. Such exclusion is not applicable to merchandise exported to the United States by Resolute or White Birch Paper in any other producer/exporter combinations or by third parties that sourced subject merchandise from the excluded producer/exporter combinations. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication 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. sradovich on DSK3GMQ082PROD with NOTICES 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.8 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; 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:43 Mar 16, 2018 Jkt 244001 (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, 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 the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On January 23, 2018, pursuant to 19 CFR 351.210(e), the petitioner requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.9 Additionally, on January 16, January 19, and January 23, 2018, White Birch Paper, Catalyst, and Resolute, respectively, requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.10 In accordance with 9 See Petitioner’s Letter, ‘‘Antidumping Duty Investigation of Certain Uncoated Groundwood Paper from Canada: Petitioner’s Request for Postponement of Final Determination,’’ dated January 23, 2018. 10 See White Birch Paper’s Letter, ‘‘Certain Uncoated Groundwood Paper from Canada, Case PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary 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 whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: March 12, 2018. 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 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. No. A–122–861: Request to postpone Final Determination,’’ dated January 16, 2018; Catalyst’s Letter, ‘‘Certain Uncoated Groundwood Paper from Canada: Catalyst Request to Postpone Final Determination,’’ dated January 19, 2018; and Resolute’s Letter, ‘‘Uncoated Groundwood Paper from Canada: Request for Extension of Final Determination in Antidumping Duty Investigation,’’ dated January 23, 2018. E:\FR\FM\19MRN1.SGM 19MRN1 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices Certain uncoated groundwood paper includes but is not limited to standard newsprint, high bright newsprint, book publishing, and printing and writing papers. The scope includes paper that is white, offwhite, 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.11 Additionally, excluded are papers that otherwise meet this definition, but which have undergone a creping process over the entire surface area of the paper. Also excluded are uncoated groundwood construction paper and uncoated groundwood manila drawing paper in sheet or roll format. Excluded uncoated groundwood construction paper and uncoated groundwood manila drawing paper: (a) Have a weight greater than 61 grams per square meter; (b) have a thickness greater than 6.1 caliper, i.e., greater than .0061’’ or 155 microns; (c) are produced using at least 50 percent thermomechanical pulp; and (d) have a shade, as measured by CIELAB, as follows: L* less than or 75.0 or b* greater than or equal to 25.0. Also excluded is uncoated groundwood directory paper that: (a) Has a basis weight of 34 grams per square meter or less; and (b) has a thickness of 2.6 caliper mils or 66 microns or less. 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 4805.91.9000.12 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 sradovich on DSK3GMQ082PROD with NOTICES I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis 16:43 Mar 16, 2018 Jkt 244001 [FR Doc. 2018–05486 Filed 3–16–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–842] Large Residential Washers From Mexico: Final Results of Antidumping Duty Administrative Review; 2016– 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: On November 8, 2017, the Department of Commerce (Commerce) published the preliminary results of the fourth administrative review of the antidumping duty (AD) order on large residential washers from Mexico. The period of review (POR) is February 1, 2016, to January 31, 2017. Based on our analysis of the comments received, our final results remain unchanged from the preliminary results. The final dumping margin for the respondent, Electrolux Home Products Corp. N.V. and Electrolux Home Products de Mexico, S.A. de C.V. (collectively, Electrolux), is listed below in the section entitled ‘‘Final Results of the Review.’’ SUMMARY: DATES: Applicable March 19, 2018. Ross Belliveau or Rebecca Janz, 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) 482–4952 and (202) 482–2972, respectively. FOR FURTHER INFORMATION CONTACT: 11 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. 12 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. VerDate Sep<11>2014 VI. Date of Sale VII. Product Comparisons VIII. Export Price and Constructed Export Price IX. Normal Value A. Home Market Viability B. Level of Trade C. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison Market Prices E. Calculation of NV Based on Constructed Value X. Currency Conversion XI. Conclusion SUPPLEMENTARY INFORMATION: Background The review covers one producer/ exporter of the subject merchandise: Electrolux. On November 8, 2017, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 11963 Commerce published the Preliminary Results.1 In December 2017, we received a case brief from Electrolux and a rebuttal brief from the petitioner, Whirlpool Corporation. Scope of the Order The products covered by the order are all large residential washers and certain subassemblies thereof from Mexico. The products are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff System of the United States (HTSUS). Products subject to this order may also enter under HTSUS subheadings 8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive.2 Analysis of Comments Received All issues raised in the case and rebuttal briefs are listed in the Appendix to this notice and addressed in the Issues and Decision Memorandum. Parties can find a complete discussion of these issues and the corresponding recommendations in this public memorandum, which 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; the Issues and Decision Memorandum is also available to all parties in the Central Records Unit, Room B8024, of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of the Review We are assigning the following dumping margin to Electrolux: 1 See Large Residential Washers from Mexico: Preliminary Results of the Antidumping Duty Administrative Review; 2016–2017, 82 FR 51810 (November 8, 2017) (Preliminary Results). 2 A full description of the scope of the order is contained in Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Large Residential Washers from Mexico,’’ dated concurrently with this notice (Issues and Decision Memorandum). E:\FR\FM\19MRN1.SGM 19MRN1

Agencies

[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 11960-11963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05486]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-861]


Certain Uncoated Groundwood Paper From Canada: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain uncoated groundwood paper (UGW paper) from Canada is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is July 1, 2016, 
through June 30, 2017.

DATES: Applicable March 19, 2018.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Terre Keaton 
Stefanova, 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) 482-4136 
or (202) 482-1280, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(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 December 21, 2017, Commerce postponed the preliminary 
determination of this investigation until March 7, 2018.\2\ Commerce 
exercised its discretion to toll all deadlines affected by the closure 
of the Federal Government from January 20 through January 22, 2018. If 
the new

[[Page 11961]]

deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for the preliminary determination of this investigation is now 
March 12, 2018.\3\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Groundwood Paper from Canada: 
Initiation of Less-Than-Fair-Value Investigation, 82 FR 41599 
(September 1, 2017) (Initiation Notice).
    \2\ See Certain Uncoated Groundwood Paper From Canada: 
Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation, 82 FR 60586 (December 21, 2017).
    \3\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included 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 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 the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Certain 
Uncoated Groundwood Paper,'' 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,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Scope Decision Memorandum.\7\
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
    \7\ See Memorandum, ``Certain Uncoated Groundwood Paper from 
Canada: Scope Comments Decision Memorandum for the Preliminary 
Determination'' (Preliminary Scope Decision Memorandum), dated 
concurrently with this preliminary determination.
---------------------------------------------------------------------------

    After evaluating these comments, Commerce has preliminarily 
modified the scope language as it appeared in the Initiation Notice to 
exclude: 1) Paper that has undergone a creping process over the entire 
surface area of the paper; 2) UGW construction paper and UGW manila 
drawing paper in sheet or roll format; and 3) directory paper. See the 
revised scope in Appendix I to this notice. For further discussion, see 
the Preliminary Scope Decision Memorandum.

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce calculated export price in accordance 
with section 772(a) of the Act. Alternatively, as appropriate, Commerce 
calculated constructed export price in accordance with section 772(b) 
of the Act. Normal value (NV) is calculated in accordance with section 
773 of the Act. For a full description of the methodology underlying 
the preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that, 
in the preliminary determination, Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    In this investigation, Commerce preliminarily found zero rates for 
Resolute FP Canada Inc. and Donohue Malbaie Inc. (collectively, 
Resolute), and White Birch Paper Canada Company, Papier Masson WB LP, 
FF Soucy WB LP, and Stadacona WB LP (collectively, White Birch Paper). 
Therefore, the only rate that is not zero, de minimis, or based 
entirely on facts otherwise available is the rate calculated for 
Catalyst Pulp and Paper Sales, Inc. and Catalyst Paper General 
Partnership (collectively, Catalyst). Consequently, the rate calculated 
for Catalyst is also assigned as the rate for all-other producers and 
exporters in this investigation.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Catalyst Pulp and Paper Sales, Inc./Catalyst Paper General         22.16
 Partnership................................................
Resolute FP Canada Inc/Donohue Malbaie Inc..................        0.00
White Birch Paper Canada Company/Papier Masson WB LP/FF             0.00
 Soucy WB LP/Stadacona WB LP................................
All Others..................................................       22.16
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(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 Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination, except if that 
rate is zero or de minimis, no cash deposit will be required; (2) if 
the exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise, except as explained below; and (3) the cash 
deposit rate for all other producers and exporters will be equal to the 
all-others estimated weighted-average dumping margin.
    Because the estimated weighted-average dumping margins for Resolute 
and White Birch Paper are zero, entries of shipments of subject 
merchandise from these companies will not be subject to suspension of 
liquidation or cash deposit requirements. In such situations, Commerce 
applies the exclusion to the provisional measures to the producer/
exporter combination that was examined in the investigation. 
Accordingly, Commerce is directing CBP not to suspend liquidation of

[[Page 11962]]

entries of subject merchandise produced and exported by: (1) Resolute; 
and (2) White Birch Paper. Entries of shipments of subject merchandise 
from Resolute or White Birch Paper in any other producer/exporter 
combination, or by third parties that sourced subject merchandise from 
the excluded producer/exporter combination, or by third parties that 
sourced subject merchandise from the excluded producer/exporter 
combinations, are subject to the provisional measures at the all others 
rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for Resolute and White Birch Paper, entries of shipments 
of subject merchandise produced and exported by either Resolute or 
White Birch Paper will be excluded from the potential antidumping duty 
order. Such exclusion is not applicable to merchandise exported to the 
United States by Resolute or White Birch Paper in any other producer/
exporter combinations or by third parties that sourced subject 
merchandise from the excluded producer/exporter combinations.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication 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.\8\ 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.
---------------------------------------------------------------------------

    \8\ 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 the hearing two days before the scheduled 
date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On January 23, 2018, pursuant to 19 CFR 351.210(e), the petitioner 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\9\ Additionally, on January 16, January 19, and January 23, 
2018, White Birch Paper, Catalyst, and Resolute, respectively, 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\10\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
---------------------------------------------------------------------------

    \9\ See Petitioner's Letter, ``Antidumping Duty Investigation of 
Certain Uncoated Groundwood Paper from Canada: Petitioner's Request 
for Postponement of Final Determination,'' dated January 23, 2018.
    \10\ See White Birch Paper's Letter, ``Certain Uncoated 
Groundwood Paper from Canada, Case No. A-122-861: Request to 
postpone Final Determination,'' dated January 16, 2018; Catalyst's 
Letter, ``Certain Uncoated Groundwood Paper from Canada: Catalyst 
Request to Postpone Final Determination,'' dated January 19, 2018; 
and Resolute's Letter, ``Uncoated Groundwood Paper from Canada: 
Request for Extension of Final Determination in Antidumping Duty 
Investigation,'' dated January 23, 2018.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
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 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

     Dated: March 12, 2018.
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 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.

[[Page 11963]]

    Certain uncoated groundwood paper includes but is not limited to 
standard newsprint, high bright newsprint, book publishing, 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.\11\ 
Additionally, excluded are papers that otherwise meet this 
definition, but which have undergone a creping process over the 
entire surface area of the paper.
---------------------------------------------------------------------------

    \11\ 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.
---------------------------------------------------------------------------

    Also excluded are uncoated groundwood construction paper and 
uncoated groundwood manila drawing paper in sheet or roll format. 
Excluded uncoated groundwood construction paper and uncoated 
groundwood manila drawing paper: (a) Have a weight greater than 61 
grams per square meter; (b) have a thickness greater than 6.1 
caliper, i.e., greater than .0061'' or 155 microns; (c) are produced 
using at least 50 percent thermomechanical pulp; and (d) have a 
shade, as measured by CIELAB, as follows: L* less than or 75.0 or b* 
greater than or equal to 25.0.
    Also excluded is uncoated groundwood directory paper that: (a) 
Has a basis weight of 34 grams per square meter or less; and (b) has 
a thickness of 2.6 caliper mils or 66 microns or less.
    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.\12\ Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.
---------------------------------------------------------------------------

    \12\ 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. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price and Constructed Export Price
IX. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
    E. Calculation of NV Based on Constructed Value
X. Currency Conversion
XI. Conclusion

[FR Doc. 2018-05486 Filed 3-16-18; 8:45 am]
 BILLING CODE 3510-DS-P
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