Certain Uncoated Paper From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 55692-55694 [2018-24333]
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55692
Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Review: Notice of Request for Panel
Review
United States Section, NAFTA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of NAFTA request for
Panel Review in the matter of Uncoated
Groundwood Paper from Canada
(Secretariat File Number: USA–CDA–
2018–1904–07).
AGENCY:
The U.S. Section of the
NAFTA Secretariat received Requests
for Panel Review filed on behalf of
Resolute FP Canada Inc. and Resolute
FP US Inc. (collectively, ‘‘Resolute’’) on
October 26, 2018, and filed on behalf of
the Government of Quebec on October
29, 2018, pursuant to NAFTA Article
1904. Panel Review was requested of the
U.S. International Trade Commission’s
final injury determination involving
imports of Uncoated Groundwood Paper
from Canada. The final determination
was published in the Federal Register
on September 27, 2018 (83 FR 48863).
The NAFTA Secretariat has assigned
case number USA–CDA–2018–1904–07
to this request.
FOR FURTHER INFORMATION CONTACT: Paul
E. Morris, United States Secretary,
NAFTA Secretariat, Room 2061, 1401
Constitution Avenue NW, Washington,
DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of Article 1904 of NAFTA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to review the trade
remedy determination being challenged
and issue a binding Panel Decision.
There are established NAFTA Rules of
Procedure for Article 1904 Binational
Panel Reviews, which were adopted by
the three governments for panels
requested pursuant to Article 1904(2) of
NAFTA which requires Requests for
Panel Review to be published in
accordance with Rule 35. For the
complete Rules, please see https://
www.nafta-sec-alena.org/Home/Textsof-the-Agreement/Rules-of-Procedure/
Article-1904.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
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SUMMARY:
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in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is November 26, 2018);
(b) A Party, investigating authority or
interested person that does not file a
Complaint but that intends to appear in
support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is
December 10, 2018); and
(c) The panel review shall be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
Dated: November 2, 2018 .
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2018–24381 Filed 11–6–18; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–828]
Certain Uncoated Paper From
Indonesia: Preliminary Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the sole producer/exporter subject
to this administrative review made sales
of subject merchandise below normal
value. We invite interested parties to
comment on these preliminary results.
DATES: Applicable November 7, 2018.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse or Jacob Garten, 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) 482–6345 or (202) 482–3342,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on certain
uncoated paper (uncoated paper) from
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Fmt 4703
Sfmt 4703
Indonesia. The notice of initiation of
this administrative review was
published on May 2, 2018.1 This review
only covers APRIL,2 a producer and
exporter of the subject merchandise.
The period of review is March 1, 2017,
through February 28, 2018. The
deadline for the preliminary results of
this administrative review is December
3, 2018.3
We preliminarily determine that
APRIL made sales of subject
merchandise at less than normal value.
If these preliminary results are adopted
in the final results of this review, we
will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on any of APRIL’s entries.
Scope of the Order
The product covered by the order is
certain uncoated paper from Indonesia.
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
categories 4802.56.1000, 4802.56.2000,
4802.56.3000, 4802.56.4000,
4802.56.6000, 4802.56.7020,
4802.56.7040, 4802.57.1000,
4802.57.2000, 4802.57.3000, and
4802.57.4000. Some imports of subject
merchandise may also be classified
under 4802.62.1000, 4802.62.2000,
4802.62.3000, 4802.62.5000,
4802.62.6020, 4802.62.6040,
4802.69.1000, 4802.69.2000,
4802.69.3000, 4811.90.8050 and
4811.90.9080. While HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.4
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
19215 (May 2, 2018) (Initiation Notice).
2 Commerce initiated this review on PT Anugerah
Kertas Utama, PT Riau Andalan Kertas, and APRIL
Fine Paper Macao Offshore Limited (collectively,
APRIL). However, during the course of the prior
review, Commerce determined to collapse, and treat
as a single entity, APRIL and two affiliated parties,
PT Sateri Viscose International and A P Fine Paper
Trading (Hong Kong) Limited. See Certain
Uncoated Paper from Indonesia: Preliminary
Results of Antidumping Duty Administrative
Review; 2015–2017, 83 FR 15129 (April 9, 2018),
and accompanying Preliminary Decision
Memorandum at 4–6, unchanged in Certain
Uncoated Paper from Indonesia: Final Results of
Antidumping Duty Administrative Review; 2015–
2017, 83 FR 39410 (August 9, 2018). This collapsed
entity is hereinafter collectively referred to as
APRIL.
3 See 19 CFR 351.213(h)(1). On August 9, 2018,
Domtar Corporation and P.H. Glatfelter Company
(the petitioners) requested that the preliminary
results be expedited.
4 For a complete description of the scope of the
order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of the 2017–2018
Administrative Review of the Antidumping Duty
Order on Certain Uncoated Paper from Indonesia’’
(Preliminary Decision Memorandum), issued
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Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Pursuant to section
776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available with adverse
inferences (AFA) for APRIL, because
this respondent did not timely respond
to all sections of Commerce’s initial
antidumping duty questionnaire.
For a complete explanation of the
methodology and analysis underlying
the preliminary application of AFA, see
the accompanying Preliminary Decision
Memorandum. 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 found at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content. A list of the topics discussed in
the Preliminary Decision Memorandum
is attached as an Appendix to this
notice.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
weighted-average dumping margin
exists for APRIL for the period March 1,
2017, through February 28, 2018, as
follows:
Cash deposit rate
(percent)
Exporter/producer
PT Anugerah Kertas Utama, PT Riau Andalan Kertas, APRIL Fine Paper Macao Offshore Limited, PT Sateri Viscose International, and A P Fine Paper Trading (Hong Kong) Limited (collectively, APRIL) .................................................................
Disclosure and Public Comment
amozie on DSK3GDR082PROD with NOTICES1
Normally, Commerce discloses the
calculations performed in connection
with its preliminary results to interested
parties within five days after the date of
publication of the preliminary results of
review in the Federal Register.6
However, there are no calculations to
disclose here because, in accordance
with section 776 of the Act, Commerce
preliminarily applied AFA to APRIL,
the sole company subject to this review,
and based the AFA rate on the highest
petition rate in this proceeding.7
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of this
notice.8 Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than five days after the time limit
for filing case briefs.9 Parties who
submit case briefs or rebuttal briefs in
this proceeding 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.10 Case and rebuttal
briefs should be filed using ACCESS.11
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, filed electronically via
ACCESS. An electronically-filed
concurrently with and hereby adopted by this
notice.
5 The cash deposit rate is equal to the petition rate
(66.82 percent) adjusted for the lowest rate of export
subsidies found for any company in the most
recently completed companion countervailing duty
segment. See Certain Uncoated Paper from
Indonesia: Final Results of Countervailing Duty
Administrative Review; 2015–2016, 83 FR 52383
(October 17, 2018), and accompanying Issues and
Decision Memorandum at Section V(3), showing an
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document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.12
Hearing requests should contain: (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 issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.13
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication date
of this notice, 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 The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.15
export subsidy of 0.01 percent related to the
Exemption from Import Income Tax Withholding
for Companies in Bonded Zone Locations Program.
6 See 19 CFR 351.224(b).
7 See Certain Uncoated Paper from Australia,
Brazil, the People’s Republic of China, Indonesia,
and Portugal: Initiation of Less-Than-Fair-Value
Investigations, 80 FR 8608 (February 18, 2015), and
accompanying Antidumping Duty Investigation
Initiation Checklist: Uncoated Paper from Indonesia
at 12.
PO 00000
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Fmt 4703
Sfmt 4703
5 66.81
We intend to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Cash Deposit Requirements
The following deposit requirements
will be effective 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 this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for APRIL will be that
established in the final results of this
review; (2) for previously investigated
companies not participating in this
review, the cash deposit will continue
to be the company-specific rate
published for the most recently
completed segment; (3) if the exporter is
not a firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent segment
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 2.10
percent, the all-others rate made
effective by the LTFV investigation.16
These deposit requirements, when
8 See
19 CFR 351.309(c).
19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.303.
12 See 19 CFR 351.310(c).
13 Id.
14 See 19 CFR 351.212(b)(1).
15 See section 751(a)(2)(C) of the Act.
16 See Order, 81 FR at 11174.
9 See
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55694
Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices
imposed, shall remain in effect until
further notice.
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 and/or countervailing
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
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: November 1, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and
Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available With an
Adverse Inference
C. Selection and Corroboration of AFA
Rate
V. Duty Absorption
VI. Conclusion
[FR Doc. 2018–24333 Filed 11–6–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–891; A–412–826]
amozie on DSK3GDR082PROD with NOTICES1
Carbon and Alloy Steel Wire Rod From
the Republic of Korea and the United
Kingdom: Initiation and Expedited
Preliminary Results of Antidumping
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating, and issuing
expedited preliminary results of, a
changed circumstances review (CCR) of
the antidumping duty (AD) orders on
AGENCY:
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17:46 Nov 06, 2018
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carbon and alloy steel wire rod (wire
rod) from the Republic of Korea (Korea)
and the United Kingdom.
DATES: Applicable November 7, 2018.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
202–482–4682 or 202–482–4633.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2018, Commerce
published the AD orders on wire rod
from Korea and the United Kingdom.1
On September 17, 2018, six members of
the domestic industry, including the
petitioners from the underlying
investigations (Nucor Corporation,
Optimus Steel LLC (formerly, Gerdau
Ameristeel US Inc), Keystone
Consolidates Industries, Inc., and
Charter Steel) requested that Commerce
initiate a CCR to revoke, in part, the AD
orders on wire rod from Korea and the
United Kingdom as to grade 1078 and
higher tire cord wire rod effective May
21, 2018.2
Scope of the Orders
The products covered by these orders
are certain hot-rolled products of carbon
steel and alloy steel, in coils, of
approximately round cross section, less
than 19.00 mm in actual solid crosssectional diameter. Specifically
excluded are steel products possessing
the above-noted physical characteristics
and meeting the Harmonized Tariff
Schedule of the United States (HTSUS)
definitions for (a) stainless steel; (b) tool
steel; (c) high-nickel steel; (d) ball
bearing steel; or (e) concrete reinforcing
bars and rods. Also excluded are free
cutting steel (also known as free
machining steel) products (i.e., products
that contain by weight one or more of
the following elements: 0.1 percent or
more of lead, 0.05 percent or more of
bismuth, 0.08 percent or more of sulfur,
more than 0.04 percent of phosphorous,
more than 0.05 percent of selenium, or
more than 0.01 percent of tellurium).
All products meeting the physical
1 See Carbon and Alloy Steel Wire Rod from Italy,
the Republic of Korea, Spain, the Republic of
Turkey, and the United Kingdom: Antidumping
Duty Orders and Amended Final Affirmative
Antidumping Duty Determinations for Spain and
the Republic of Turkey, 83 FR 23417 (May 21, 2018)
(Orders).
2 See letter from domestic industry re: ‘‘Carbon
and Alloy Steel Wire Rod from the Republic of
Korea and the United Kingdom: Petitioners’ Request
for Changed Circumstances Review and Partial
Revocation Request,’’ dated September 17, 2018
(CCR Request).
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Fmt 4703
Sfmt 4703
description of subject merchandise that
are not specifically excluded are
included in this scope.
The products under these orders are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015,
7213.91.3020, 7213.91.3093;
7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030,
7227.20.0080, 7227.90.6010,
7227.90.6020, 7227.90.6030, and
7227.90.6035 of the HTSUS. Products
entered under subheadings
7213.99.0090 and 7227.90.6090 of the
HTSUS also may be included in this
scope if they meet the physical
description of subject merchandise
above. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of these
orders is dispositive.3
Initiation and Expedited Preliminary
Results of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.216(d), Commerce will
conduct a CCR of an antidumping or
countervailing duty order when it
receives information which shows
changed circumstances sufficient to
warrant such a review. Section 782(h)(2)
of the Act and 19 CFR 351.222(g)(1)(i)
provide that Commerce may revoke an
order (in whole or in part) if it
determines that producers accounting
for substantially all of the production of
the domestic like product have no
further interest in the order, in whole or
in part. In addition, in the event
Commerce determines that expedited
action is warranted, 19 CFR
351.221(c)(3)(ii) permits Commerce to
combine the notices of initiation and
preliminary results.
For the reasons discussed below and
in the accompanying proprietary
memorandum, we find that such
sufficient information exists to warrant
a CCR.4 Further, Commerce does not
require any additional information to
make a preliminary finding. For this
reason, as permitted by 19 CFR
351.221(c)(3)(ii), Commerce finds that
expedited action is warranted and is
conducting this review on an expedited
basis by publishing preliminary results
3 For a description of the domestic industry’s
proposed exclusion language, see Attachment 1.
4 See Memorandum, ‘‘Analysis of Industry
Support for Changed Circumstances Review:
Carbon and Alloy Steel Wire Rod from the Republic
of Korea and the United Kingdom,’’ dated
concurrently with, and hereby adopted by, this
notice.
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Agencies
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55692-55694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24333]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-828]
Certain Uncoated Paper From Indonesia: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the sole producer/exporter subject to this administrative review
made sales of subject merchandise below normal value. We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 7, 2018.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Jacob Garten, 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) 482-6345 or (202) 482-3342,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on certain uncoated paper (uncoated paper) from Indonesia.
The notice of initiation of this administrative review was published on
May 2, 2018.\1\ This review only covers APRIL,\2\ a producer and
exporter of the subject merchandise. The period of review is March 1,
2017, through February 28, 2018. The deadline for the preliminary
results of this administrative review is December 3, 2018.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 19215 (May 2, 2018) (Initiation
Notice).
\2\ Commerce initiated this review on PT Anugerah Kertas Utama,
PT Riau Andalan Kertas, and APRIL Fine Paper Macao Offshore Limited
(collectively, APRIL). However, during the course of the prior
review, Commerce determined to collapse, and treat as a single
entity, APRIL and two affiliated parties, PT Sateri Viscose
International and A P Fine Paper Trading (Hong Kong) Limited. See
Certain Uncoated Paper from Indonesia: Preliminary Results of
Antidumping Duty Administrative Review; 2015-2017, 83 FR 15129
(April 9, 2018), and accompanying Preliminary Decision Memorandum at
4-6, unchanged in Certain Uncoated Paper from Indonesia: Final
Results of Antidumping Duty Administrative Review; 2015-2017, 83 FR
39410 (August 9, 2018). This collapsed entity is hereinafter
collectively referred to as APRIL.
\3\ See 19 CFR 351.213(h)(1). On August 9, 2018, Domtar
Corporation and P.H. Glatfelter Company (the petitioners) requested
that the preliminary results be expedited.
---------------------------------------------------------------------------
We preliminarily determine that APRIL made sales of subject
merchandise at less than normal value. If these preliminary results are
adopted in the final results of this review, we will instruct U.S.
Customs and Border Protection (CBP) to assess antidumping duties on any
of APRIL's entries.
Scope of the Order
The product covered by the order is certain uncoated paper from
Indonesia. The subject merchandise is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) categories
4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000,
4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000,
and 4802.57.4000. Some imports of subject merchandise may also be
classified under 4802.62.1000, 4802.62.2000, 4802.62.3000,
4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000,
4802.69.3000, 4811.90.8050 and 4811.90.9080. While HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of the order is dispositive.\4\
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2017-2018 Administrative Review of the Antidumping Duty Order on
Certain Uncoated Paper from Indonesia'' (Preliminary Decision
Memorandum), issued concurrently with and hereby adopted by this
notice.
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[[Page 55693]]
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Pursuant to section 776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts otherwise available with adverse
inferences (AFA) for APRIL, because this respondent did not timely
respond to all sections of Commerce's initial antidumping duty
questionnaire.
For a complete explanation of the methodology and analysis
underlying the preliminary application of AFA, see the accompanying
Preliminary Decision Memorandum. 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 found at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
weighted-average dumping margin exists for APRIL for the period March
1, 2017, through February 28, 2018, as follows:
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\5\ The cash deposit rate is equal to the petition rate (66.82
percent) adjusted for the lowest rate of export subsidies found for
any company in the most recently completed companion countervailing
duty segment. See Certain Uncoated Paper from Indonesia: Final
Results of Countervailing Duty Administrative Review; 2015-2016, 83
FR 52383 (October 17, 2018), and accompanying Issues and Decision
Memorandum at Section V(3), showing an export subsidy of 0.01
percent related to the Exemption from Import Income Tax Withholding
for Companies in Bonded Zone Locations Program.
------------------------------------------------------------------------
Cash deposit rate
Exporter/producer (percent)
------------------------------------------------------------------------
PT Anugerah Kertas Utama, PT Riau Andalan Kertas, \5\ 66.81
APRIL Fine Paper Macao Offshore Limited, PT Sateri
Viscose International, and A P Fine Paper Trading
(Hong Kong) Limited (collectively, APRIL)..........
------------------------------------------------------------------------
Disclosure and Public Comment
Normally, Commerce discloses the calculations performed in
connection with its preliminary results to interested parties within
five days after the date of publication of the preliminary results of
review in the Federal Register.\6\ However, there are no calculations
to disclose here because, in accordance with section 776 of the Act,
Commerce preliminarily applied AFA to APRIL, the sole company subject
to this review, and based the AFA rate on the highest petition rate in
this proceeding.\7\
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\6\ See 19 CFR 351.224(b).
\7\ See Certain Uncoated Paper from Australia, Brazil, the
People's Republic of China, Indonesia, and Portugal: Initiation of
Less-Than-Fair-Value Investigations, 80 FR 8608 (February 18, 2015),
and accompanying Antidumping Duty Investigation Initiation
Checklist: Uncoated Paper from Indonesia at 12.
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Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\8\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than five days after the time limit for filing case briefs.\9\
Parties who submit case briefs or rebuttal briefs in this proceeding
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.\10\ Case and rebuttal briefs should be filed using
ACCESS.\11\
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\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
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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, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\12\ Hearing requests
should contain: (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 issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.\13\
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\12\ See 19 CFR 351.310(c).
\13\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication date of this
notice, 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\ The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\15\ We intend to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this review.
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\14\ See 19 CFR 351.212(b)(1).
\15\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following deposit requirements will be effective 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 this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for APRIL will be
that established in the final results of this review; (2) for
previously investigated companies not participating in this review, the
cash deposit will continue to be the company-specific rate published
for the most recently completed segment; (3) if the exporter is not a
firm covered in this review, or the original less-than-fair-value
(LTFV) investigation, but the manufacturer is, the cash deposit rate
will be the rate established for the most recent segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 2.10 percent, the
all-others rate made effective by the LTFV investigation.\16\ These
deposit requirements, when
[[Page 55694]]
imposed, shall remain in effect until further notice.
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\16\ See Order, 81 FR at 11174.
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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 and/or countervailing 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 antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: November 1, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available With an Adverse Inference
C. Selection and Corroboration of AFA Rate
V. Duty Absorption
VI. Conclusion
[FR Doc. 2018-24333 Filed 11-6-18; 8:45 am]
BILLING CODE 3510-DS-P