Certain Uncoated Groundwood Paper From Canada: Final Determination of Sales at Less Than Fair Value, 39412-39414 [2018-17020]
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39412
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
request for administrative review.5 On
July 11, 2018, both the petitioner and
ASPA also withdrew their respective
requests for an administrative review of
Soc Trang Seafood Joint Stock Company
and its various name iterations, as listed
in the Initiation Notice.6 Subsequently,
on July 12, 2018, the petitioner and
ASPA also withdrew their respective
requests for administrative review of
Seavina Joint Stock Company and its
various name iterations, as listed in the
Initiation Notice.7 No other party
requested a review of Seavina Joint
Stock Company.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review.
Because all requests for administrative
review of Soc Trang Seafood Joint Stock
Company and Seavina Joint Stock
Company were withdrawn within 90
days of the date of publication of the
Initiation Notice, and no other
interested party requested a review of
these companies, Commerce is
rescinding this review with respect to
Soc Trang Seafood Joint Stock Company
and Seavina Joint Stock Company, in
accordance with 19 CFR 351.213(d)(1).
The administrative review remains
active with respect to all other
companies initiated for review.
Assessment
sradovich on DSK3GMQ082PROD with NOTICES
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period
February 1, 2017, through January 31,
2018, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register.
5 See Soc Trang Seafood Joint Stock Company’s
Letter, ‘‘Withdrawal of Request for Review,’’ dated
July 11, 2018.
6 See the petitioners’ Submission, ‘‘Domestic
Producers’ Partial Withdrawal of Review Requests,’’
dated July 11, 2018, and ASPA’s Submission,
‘‘Partial Withdrawal of Request for Administrative
Review,’’ dated July 11, 2018.
7 See ASPA’s Submissions, ‘‘Partial Withdrawal
of Review for Administrative Review,’’ dated July
12, 2018 and the petitioner’s Submission, ‘‘Partial
Withdrawal of Review Requests,’’ dated July 12,
2018.
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Notifications
DATES:
This notice serves as a final 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 review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
FOR FURTHER INFORMATION CONTACT:
Dated: August 3, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–17051 Filed 8–8–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–861]
Certain Uncoated Groundwood Paper
From Canada: Final Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
AGENCY:
PO 00000
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Effective August 9, 2018.
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.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2018, Commerce
published the Preliminary
Determination of sales at LTFV of UGW
paper from Canada, in which we also
postponed the final determination to
August 1, 2018.1 A summary of the
events that occurred since Commerce
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 Issues and Decision
Memorandum, which is hereby adopted
by this notice.2
Scope of the Investigation
The product covered by this
investigation is UGW paper from
Canada. For a complete description of
the scope of the investigation, see
Appendix I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues raised is attached to this
notice as Appendix II. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and it is available to
all parties in the Central Records Unit,
Room B–8024 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 and
electronic versions of the Issues and
1 See 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, 83 FR 11960 (March 19, 2018)
(Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Certain Uncoated Groundwood
Paper from Canada,’’ dated concurrently with this
notice (Issues and Decision Memorandum).
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Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in March and April 2018, we conducted
verifications of the sales and cost
information submitted by Catalyst Pulp
and Paper Sales, Inc. and Catalyst Paper
General Partnership (collectively,
Catalyst); 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)
for use in our final determination. We
used standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
Catalyst, Resolute, and White Birch
Paper.3
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for Catalyst,
Resolute, and White Birch Paper. For a
discussion of these changes, see the
‘‘Margin Calculation’’ section of the
Issues and Decision Memorandum.
‘‘All Others’’ Rate
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all others’’
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 or de minimis margins, and
margins determined entirely under
section 776 of the Act. Section
735(c)(5)(B) of the Act provides that if
the estimated weighted-average
dumping margins for all individually
investigated exporters and producers are
zero or de minimis or determined
entirely under section 776 of the Act,
then Commerce may use any reasonable
method to establish the estimated all
others rate, including averaging the
estimated weighted-average dumping
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margins determined for the individually
investigated exporters and producers.
Commerce has continued to calculate
zero rates for Resolute and White Birch
Paper. Further, because of the
substantial change to the scope of this
investigation at the time of the
Preliminary Determination, we find that
Catalyst can no longer be considered an
‘‘individually investigated’’ exporter or
producer, within the meaning of section
735(c) of the Act.4 Therefore, there are
no margins for ‘‘individually
investigated’’ respondents in this
investigation that are not zero.
Consequently, we assigned the ‘‘all
others’’ rate pursuant to section
735(c)(5)(B) of the Act by averaging the
margins for the ‘‘individually
investigated’’ respondents. Specifically,
we assigned the zero rate calculated for
Resolute and White Birch Paper as the
rate for ‘‘all others’’ producers and
exporters in this investigation.5
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Weightedaverage
margin
(percent)
Exporter/manufacturer
Catalyst Pulp and Paper Sales, Inc. and Catalyst Paper General Partnership ..................................................................................
Resolute FP Canada Inc. and Donohue Malbaie Inc .........................................................................................................................
White Birch Paper Canada Company, Papier Masson WB LP, FF Soucy WB LP, and Stadacona WB LP .....................................
All Others .............................................................................................................................................................................................
16.88
0.00
0.00
0.00
value exceeds the U.S. price as shown
above.
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
UGW paper from Canada, as described
in Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after March 19,
2018, the date of publication of the
preliminary determination of this
investigation in the Federal Register,
other than entries of UGW paper
produced and exported by Resolute, and
produced and exported by White Birch,
because their rates are zero. Entries for
the companies subject to the ‘‘all
others’’ rate will be subject to
suspension of liquidation at the ‘‘all
others’’ rate.
Further, Commerce will instruct CBP
to require a cash deposit equal to the
estimated amount by which the normal
3 For discussion of our verification findings, see
the following memoranda: Memorandum
‘‘Verification of the Cost Response of White Birch
Paper Canada Company in the Antidumping Duty
Less Than Fair Value Investigation of Uncoated
Groundwood Paper from Canada,’’ dated April 20,
2018; Memorandum, ‘‘Verification of the Sales
Questionnaire Responses of Catalyst Pulp and Paper
Sales, Inc. and Catalyst Paper General Partnership
(collectively, Catalyst) in the Antidumping Duty
Investigation of Certain Uncoated Groundwood
Paper from Canada,’’ dated May 18, 2018;
Memorandum, ‘‘Verification of the Sales Response
of White Birch Paper in the Antidumping
Investigation of Certain Uncoated Groundwood
Paper from Canada,’’ dated May 21, 2018;
Memorandum, ‘‘Verification of the Sales Response
of White Birch Paper in the Antidumping
Investigation of Certain Uncoated Groundwood
Paper from Canada,’’ dated May 24, 2018;
Memorandum, ‘‘Verification of the Sales Response
of Resolute FP Canada Inc. and Donohue Malbaie
Inc. (collectively, Resolute),’’ dated May 31, 2018;
Memorandum ‘‘Verification of the Cost Response of
Catalyst in the Antidumping Duty Investigation of
Certain Uncoated Groundwood Paper from
Canada,’’ dated May 31, 2018; and Memorandum,
‘‘Verification of the Cost Response of Resolute in
the Antidumping Duty Investigation of Uncoated
Groundwood Paper from Canada,’’ dated June 5,
2018.
4 However, pursuant to section 735(a) of the Act,
we continue to reach an affirmative final
determination with respect to Catalyst, and we have
used the record evidence and verification findings
with respect to Catalyst to calculate its weightedaverage dumping margin. For further discussion,
see the Issues and Decision Memorandum at
Comment 2.
5 For further discussion, see the Issues and
Decision Memorandum at Comment 2.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
sradovich on DSK3GMQ082PROD with NOTICES
Continuation of Suspension of
Liquidation
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International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. In addition, we are making
available to the ITC all non-privileged
and non-proprietary information related
to this investigation. We will allow the
ITC access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
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39414
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
publicly or under an administrative
protective order (APO), without the
written consent of the Assistant
Secretary for Enforcement and
Compliance.
Because the final determination in
this proceeding is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
UGW paper from Canada no later than
45 days after our final determination. If
the ITC determines that material injury
or threat of material injury does not
exist, the proceeding will be terminated
and all cash deposits will be refunded.
If the ITC determines that such injury
does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise,
other than those produced and exported
by Resolute, and those produced and
exported by White Birch, because their
rates are zero, entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
Notification Regarding Administrative
Protective Orders (APO)
This notice serves as a reminder to
parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: August 1, 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.
sradovich on DSK3GMQ082PROD with NOTICES
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
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(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, 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.6
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 4805.91.9000.7 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 Issues and Decision
Memorandum
I. Summary
6 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.
7 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.
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II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
General
Comment 1: Whether There was Sufficient
Industry Support to Initiate this
Investigation
Comment 2: Respondent Selection and
Calculation of the ‘‘All Others’’ Rate
Comment 3: Differential Pricing
Methodology
Catalyst
Comment 4: Fixed Asset Impairment for
Catalyst
Comment 5: Treatment of Catalyst’s Home
Market Barter Sales
Comment 6: Treatment of Catalyst’s Sales
Which May Have Been Destined for
Mexico
Comment 7: Insurance Recovery Costs for
Catalyst
Comment 8: Catalyst’s Home Market Bank
Charges
Comment 9: Errors in Catalyst’s
Preliminary Determination Margin
Program
Comment 10: Verification Corrections for
Catalyst
Resolute
Comment 11: Resolute’s Short-Term U.S.
Dollar Borrowing Rate
Comment 12: Treatment of Resolute’s
Corporate Level Costs
VI. Recommendation
[FR Doc. 2018–17020 Filed 8–8–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–862]
Certain Uncoated Groundwood Paper
From Canada: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain uncoated groundwood paper
(UGW paper) from Canada. The period
of investigation (POI) is January 1, 2016,
through December 31, 2016. For
information on the estimated subsidy
rates, see the ‘‘Final Determination’’
section of this notice.
DATES: Applicable August 9, 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:
AGENCY:
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]]>Agencies
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39412-39414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17020]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-861]
Certain Uncoated Groundwood Paper From Canada: Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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. The final dumping margins of sales at LTFV are listed below in
the ``Final Determination'' section of this notice.
DATES: Effective August 9, 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.
SUPPLEMENTARY INFORMATION:
Background
On March 19, 2018, Commerce published the Preliminary Determination
of sales at LTFV of UGW paper from Canada, in which we also postponed
the final determination to August 1, 2018.\1\ A summary of the events
that occurred since Commerce 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 Issues and Decision
Memorandum, which is hereby adopted by this notice.\2\
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\1\ See 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, 83 FR 11960 (March 19, 2018) (Preliminary
Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Uncoated Groundwood Paper from Canada,''
dated concurrently with this notice (Issues and Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is UGW paper from Canada.
For a complete description of the scope of the investigation, see
Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues raised is attached to this notice as Appendix II.
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and it is available to all parties in the Central Records Unit, Room B-
8024 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 and
electronic versions of the Issues and
[[Page 39413]]
Decision Memorandum are identical in content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in March and April 2018, we conducted verifications of the
sales and cost information submitted by Catalyst Pulp and Paper Sales,
Inc. and Catalyst Paper General Partnership (collectively, Catalyst);
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)
for use in our final determination. We used standard verification
procedures, including an examination of relevant accounting and
production records, and original source documents provided by Catalyst,
Resolute, and White Birch Paper.\3\
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\3\ For discussion of our verification findings, see the
following memoranda: Memorandum ``Verification of the Cost Response
of White Birch Paper Canada Company in the Antidumping Duty Less
Than Fair Value Investigation of Uncoated Groundwood Paper from
Canada,'' dated April 20, 2018; Memorandum, ``Verification of the
Sales Questionnaire Responses of Catalyst Pulp and Paper Sales, Inc.
and Catalyst Paper General Partnership (collectively, Catalyst) in
the Antidumping Duty Investigation of Certain Uncoated Groundwood
Paper from Canada,'' dated May 18, 2018; Memorandum, ``Verification
of the Sales Response of White Birch Paper in the Antidumping
Investigation of Certain Uncoated Groundwood Paper from Canada,''
dated May 21, 2018; Memorandum, ``Verification of the Sales Response
of White Birch Paper in the Antidumping Investigation of Certain
Uncoated Groundwood Paper from Canada,'' dated May 24, 2018;
Memorandum, ``Verification of the Sales Response of Resolute FP
Canada Inc. and Donohue Malbaie Inc. (collectively, Resolute),''
dated May 31, 2018; Memorandum ``Verification of the Cost Response
of Catalyst in the Antidumping Duty Investigation of Certain
Uncoated Groundwood Paper from Canada,'' dated May 31, 2018; and
Memorandum, ``Verification of the Cost Response of Resolute in the
Antidumping Duty Investigation of Uncoated Groundwood Paper from
Canada,'' dated June 5, 2018.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Catalyst, Resolute, and White Birch Paper. For a discussion of these
changes, see the ``Margin Calculation'' section of the Issues and
Decision Memorandum.
``All Others'' Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' 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 or de
minimis margins, and margins determined entirely under section 776 of
the Act. Section 735(c)(5)(B) of the Act provides that if the estimated
weighted-average dumping margins for all individually investigated
exporters and producers are zero or de minimis or determined entirely
under section 776 of the Act, then Commerce may use any reasonable
method to establish the estimated all others rate, including averaging
the estimated weighted-average dumping margins determined for the
individually investigated exporters and producers.
Commerce has continued to calculate zero rates for Resolute and
White Birch Paper. Further, because of the substantial change to the
scope of this investigation at the time of the Preliminary
Determination, we find that Catalyst can no longer be considered an
``individually investigated'' exporter or producer, within the meaning
of section 735(c) of the Act.\4\ Therefore, there are no margins for
``individually investigated'' respondents in this investigation that
are not zero. Consequently, we assigned the ``all others'' rate
pursuant to section 735(c)(5)(B) of the Act by averaging the margins
for the ``individually investigated'' respondents. Specifically, we
assigned the zero rate calculated for Resolute and White Birch Paper as
the rate for ``all others'' producers and exporters in this
investigation.\5\
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\4\ However, pursuant to section 735(a) of the Act, we continue
to reach an affirmative final determination with respect to
Catalyst, and we have used the record evidence and verification
findings with respect to Catalyst to calculate its weighted-average
dumping margin. For further discussion, see the Issues and Decision
Memorandum at Comment 2.
\5\ For further discussion, see the Issues and Decision
Memorandum at Comment 2.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer margin
(percent)
------------------------------------------------------------------------
Catalyst Pulp and Paper Sales, Inc. and Catalyst Paper 16.88
General Partnership....................................
Resolute FP Canada Inc. and Donohue Malbaie Inc......... 0.00
White Birch Paper Canada Company, Papier Masson WB LP, 0.00
FF Soucy WB LP, and Stadacona WB LP....................
All Others.............................................. 0.00
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of UGW paper from
Canada, as described in Appendix I of this notice, which were entered,
or withdrawn from warehouse, for consumption on or after March 19,
2018, the date of publication of the preliminary determination of this
investigation in the Federal Register, other than entries of UGW paper
produced and exported by Resolute, and produced and exported by White
Birch, because their rates are zero. Entries for the companies subject
to the ``all others'' rate will be subject to suspension of liquidation
at the ``all others'' rate.
Further, Commerce will instruct CBP to require a cash deposit equal
to the estimated amount by which the normal value exceeds the U.S.
price as shown above.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information related to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either
[[Page 39414]]
publicly or under an administrative protective order (APO), without the
written consent of the Assistant Secretary for Enforcement and
Compliance.
Because the final determination in this proceeding is affirmative,
in accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of UGW paper from Canada no later than 45 days after
our final determination. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise, other than those produced and exported by
Resolute, and those produced and exported by White Birch, because their
rates are zero, entered, or withdrawn from warehouse, for consumption
on or after the effective date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders (APO)
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: August 1, 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.
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.\6\
Additionally, excluded are papers that otherwise meet this
definition, but which have undergone a creping process over the
entire surface area of the paper.
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\6\ Supercalendering imparts a glossy finish produced by the
movement of the paper web through a supercalender which is a stack
of alternating rollers of metal and cotton (or other softer
material). The supercalender runs at high speed and applies
pressure, heat, and friction which glazes the surface of the paper,
imparting gloss to the surface and increasing the paper's smoothness
and density.
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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.\7\ Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise is dispositive.
\7\ 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.
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Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
General
Comment 1: Whether There was Sufficient Industry Support to
Initiate this Investigation
Comment 2: Respondent Selection and Calculation of the ``All
Others'' Rate
Comment 3: Differential Pricing Methodology
Catalyst
Comment 4: Fixed Asset Impairment for Catalyst
Comment 5: Treatment of Catalyst's Home Market Barter Sales
Comment 6: Treatment of Catalyst's Sales Which May Have Been
Destined for Mexico
Comment 7: Insurance Recovery Costs for Catalyst
Comment 8: Catalyst's Home Market Bank Charges
Comment 9: Errors in Catalyst's Preliminary Determination Margin
Program
Comment 10: Verification Corrections for Catalyst
Resolute
Comment 11: Resolute's Short-Term U.S. Dollar Borrowing Rate
Comment 12: Treatment of Resolute's Corporate Level Costs
VI. Recommendation
[FR Doc. 2018-17020 Filed 8-8-18; 8:45 am]
BILLING CODE 3510-DS-P
