Certain Uncoated Paper From Indonesia: Amended Final Results of Countervailing Duty Administrative Review; 2015-2016, 56807-56808 [2018-24800]

Download as PDF Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices deposit rate for all other manufacturers or exporters will continue to be 6.41 percent, the all-others rate established in the underlying investigation.6 These deposit requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.7 Interested parties may submit case briefs not 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 request for a hearing must be received successfully in its entirety by ACCESS by 5 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 of issues raised in any written briefs, not later than 120 days after the publication 6 See Certain Hot-Rolled Steel Flat Products from Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Amended Final Affirmative Antidumping Determinations for Australia, the Republic of Korea, and the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 (October 3, 2016). 7 See 19 CFR 351.224(b). 8 See 19 CFR 351.309(c)(1)(ii). 9 See 19 CFR 351.309(d)(1). 10 See 19 CFR 351.309(c)(2) and (d)(2). 11 See 19 CFR 351.303. 12 See 19 CFR 351.310(c); 19 CFR 351.303(b)(1). 13 See 19 CFR 351.310(c). VerDate Sep<11>2014 18:29 Nov 13, 2018 Jkt 247001 56807 of these preliminary results in the Federal Register, unless otherwise extended.14 DEPARTMENT OF COMMERCE Notification to Importers [C–560–829] This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 antidumping duties occurred and the subsequent assessment of double antidumping duties. Certain Uncoated Paper From Indonesia: Amended Final Results of Countervailing Duty Administrative Review; 2015–2016 Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 1, 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. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Scope of the Order V. Preliminary Determination of No Shipments VI. Review-Specific Rate for Non-Examined Companies VII. Discussion of the Methodology A. Normal Value Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Date of Sale C. Product Comparisons D. Export Price and Constructed Export Price E. Normal Value 1. Home Market Viability 2. Currency of Home Market Unit Price 3. Level of Trade 4. Overrun Sales 5. Cost of Production Analysis 6. Calculation of Normal Value Based on Home Market Prices VIII. Currency Conversion IX. Recommendation [FR Doc. 2018–24795 Filed 11–13–18; 8:45 am] BILLING CODE 3510–DS–P 14 See PO 00000 International Trade Administration Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending its final results of the administrative review of the countervailing duty (CVD) order on certain uncoated paper from Indonesia to correct ministerial errors in the calculation of the countervailable subsidy rates for PT Anugrah Kertas Utama, PT Riau Andalan Kertas, APRIL Fine Paper Macao Commercial Offshore Limited, and their cross-owned affiliates (collectively APRIL). As a result of the correction of these errors, we calculated a revised subsidy rate for APRIL for 2015; however we did not revise APRIL’s subsidy rate for 2016. The amended final 2015 countervailable subsidy rate is listed below in the section entitled, ‘‘Amended Final Results.’’ AGENCY: DATES: Applicable November 14, 2018. FOR FURTHER INFORMATION CONTACT: David Goldberger or Darla Brown, 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 202–482–1791, respectively. SUPPLEMENTARY INFORMATION: Background On October 17, 2018, Commerce published the Final Results of the 2015– 2016 administrative review in the Federal Register.1 On October 16, 2018, domestic interested parties 2 timely filed ministerial error allegations with respect to the calculation of the countervailable subsidy rates in the Final Results for the respondent in the review, APRIL.3 1 See Certain Uncoated Paper From Indonesia: Final Results of Countervailing Duty Administrative Review; 2015–2016, 83 FR 52383 (October 17, 2018) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 These parties are the Packaging Corporation of America (PCA), and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC (USW). 3 See The Domestic Interested Parties’ Letter, ‘‘First Administrative Review of the Countervailing Duty Order on Uncoated Paper from Indonesia— Section 751(a)(3)(A) of the Act. Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM Continued 14NON1 56808 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices Scope of the Order The merchandise covered by the order is certain uncoated paper from Indonesia.4 Imports of the subject merchandise are provided for 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 is dispositive. Ministerial Error Section 751(h) of the Tariff Act of 1930, as amended (the Act), defines ‘‘ministerial errors’’ as including ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.’’ 5 The domestic interested parties allege that we made ministerial errors in our calculation of the 2015 and 2016 countervailable subsidy rates for APRIL by: (1) Correcting the freight adjustments for one of the benchmark prices used to calculate the 2015 Log Export Ban benefit; (2) correcting the inland freight adjustments for two benchmark prices used to calculate the 2015 and 2016 Provision of Standing Timber for Less Than Adequate Remuneration (Stumpage) benefit; and (3) incorporating all of the revised 2015 harvesting cost data provided at verification to calculate the benefit under the Stumpage program.6 After analyzing these comments, we find that we made the alleged ministerial errors in the Final Results, within the meaning of section 751(h) of the Act and 19 CFR 351.224(f).7 Correction of these errors in APRIL’s benefit calculations results in a revised countervailable subsidy rate for 2015, but no change in the 2016 countervailable subsidy rate. For a detailed discussion of these ministerial errors, see the Ministerial Error Memorandum. Amended Final Results of the Review As a result of correcting the ministerial errors decribed above, we determine the following countervailable subsidy rates for 2015 and 2016: Company APRIL Fine Paper Macao Commercial Offshore Limited/PT Anugrah Kertas Utama/PT Riau Andalan Kertas/ PT Intiguna Primatama/PT Riau Andalan Pulp & Paper/PT Esensindo Cipta Cemerlang/PT Sateri Viscose International/ PT ITCI Hutani Manunggal ............................................................................................................ Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) in accordance with the amended final results of this review. Cash Deposit Requirements Commerce instructed CBP to collect cash deposits of estimated countervailing duties at the 2016 ad valorem rate shown above for APRIL, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. After correcting the ministerial errors noted above, the 2016 ad valorem rate calculated for APRIL did not change; therefore, we will not issue revised cash deposit intructions to CBP because the cash deposit rate for APRIL remains unchanged from the Final Results. For all non-reviewed firms, Commerce instructed CBP to continue to collect cash deposits at the most recent company-specific or all-others PCA and the USW’s Ministerial Error Comments,’’ dated October 16, 2018 (Ministerial Error Allegation). 4 For a complete description of the scope of the order, see IDM. VerDate Sep<11>2014 18:29 Nov 13, 2018 Jkt 247001 rate applicable to the company, as appropriate. Accordingly, the cash deposit requirements applied to companies covered by this order, but not examined in this administrative review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements shall remain in effect until further notice. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. These amended final results are issued and published in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). 5 See also 19 CFR 351.224(f). Ministerial Error Allegation. 7 See Memorandum, ‘‘Ministerial Error Allegations,’’ dated concurrently with this notice (Ministerial Error Memorandum). 6 See PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 2015 Ad valorem rate (%) 2016 Ad valorem rate 8 (%) 11.73 5.13 Dated: November 7, 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. 2018–24800 Filed 11–13–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–842; A–580–868; C–580–869] Preliminary Results of Changed Circumstances Reviews of the Antidumping Duty Orders on Large Residential Washers From the Republic of Korea and Mexico, and the Countervailing Duty Order on Large Residential Washers From the Republic of Korea Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 8 The 2016 ad valorem rate for APRIL is unchanged from the Final Results. E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56807-56808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24800]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-829]


Certain Uncoated Paper From Indonesia: Amended Final Results of 
Countervailing Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) is amending its final 
results of the administrative review of the countervailing duty (CVD) 
order on certain uncoated paper from Indonesia to correct ministerial 
errors in the calculation of the countervailable subsidy rates for PT 
Anugrah Kertas Utama, PT Riau Andalan Kertas, APRIL Fine Paper Macao 
Commercial Offshore Limited, and their cross-owned affiliates 
(collectively APRIL). As a result of the correction of these errors, we 
calculated a revised subsidy rate for APRIL for 2015; however we did 
not revise APRIL's subsidy rate for 2016. The amended final 2015 
countervailable subsidy rate is listed below in the section entitled, 
``Amended Final Results.''

DATES: Applicable November 14, 2018.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Darla Brown, 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-
1791, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 17, 2018, Commerce published the Final Results of the 
2015-2016 administrative review in the Federal Register.\1\ On October 
16, 2018, domestic interested parties \2\ timely filed ministerial 
error allegations with respect to the calculation of the 
countervailable subsidy rates in the Final Results for the respondent 
in the review, APRIL.\3\
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    \1\ See Certain Uncoated Paper From Indonesia: Final Results of 
Countervailing Duty Administrative Review; 2015-2016, 83 FR 52383 
(October 17, 2018) (Final Results), and accompanying Issues and 
Decision Memorandum (IDM).
    \2\ These parties are the Packaging Corporation of America 
(PCA), and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union, AFL-CIO, CLC (USW).
    \3\ See The Domestic Interested Parties' Letter, ``First 
Administrative Review of the Countervailing Duty Order on Uncoated 
Paper from Indonesia--PCA and the USW's Ministerial Error 
Comments,'' dated October 16, 2018 (Ministerial Error Allegation).

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[[Page 56808]]

Scope of the Order

    The merchandise covered by the order is certain uncoated paper from 
Indonesia.\4\ Imports of the subject merchandise are provided for 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 is dispositive.
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    \4\ For a complete description of the scope of the order, see 
IDM.
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Ministerial Error

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines ``ministerial errors'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \5\ The domestic interested parties allege that we made 
ministerial errors in our calculation of the 2015 and 2016 
countervailable subsidy rates for APRIL by: (1) Correcting the freight 
adjustments for one of the benchmark prices used to calculate the 2015 
Log Export Ban benefit; (2) correcting the inland freight adjustments 
for two benchmark prices used to calculate the 2015 and 2016 Provision 
of Standing Timber for Less Than Adequate Remuneration (Stumpage) 
benefit; and (3) incorporating all of the revised 2015 harvesting cost 
data provided at verification to calculate the benefit under the 
Stumpage program.\6\ After analyzing these comments, we find that we 
made the alleged ministerial errors in the Final Results, within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f).\7\ 
Correction of these errors in APRIL's benefit calculations results in a 
revised countervailable subsidy rate for 2015, but no change in the 
2016 countervailable subsidy rate. For a detailed discussion of these 
ministerial errors, see the Ministerial Error Memorandum.
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    \5\ See also 19 CFR 351.224(f).
    \6\ See Ministerial Error Allegation.
    \7\ See Memorandum, ``Ministerial Error Allegations,'' dated 
concurrently with this notice (Ministerial Error Memorandum).
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Amended Final Results of the Review

    As a result of correcting the ministerial errors decribed above, we 
determine the following countervailable subsidy rates for 2015 and 
2016:

------------------------------------------------------------------------
                                        2015 Ad valorem  2016 Ad valorem
                Company                     rate (%)       rate \8\ (%)
------------------------------------------------------------------------
APRIL Fine Paper Macao Commercial                11.73             5.13
 Offshore Limited/PT Anugrah Kertas
 Utama/PT Riau Andalan Kertas/PT
 Intiguna Primatama/PT Riau Andalan
 Pulp & Paper/PT Esensindo Cipta
 Cemerlang/PT Sateri Viscose
 International/ PT ITCI Hutani
 Manunggal............................
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
appropriate instructions to U.S. Customs and Border Protection (CBP) in 
accordance with the amended final results of this review.
---------------------------------------------------------------------------

    \8\ The 2016 ad valorem rate for APRIL is unchanged from the 
Final Results.
---------------------------------------------------------------------------

Cash Deposit Requirements

    Commerce instructed CBP to collect cash deposits of estimated 
countervailing duties at the 2016 ad valorem rate shown above for 
APRIL, on shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. After correcting the ministerial errors 
noted above, the 2016 ad valorem rate calculated for APRIL did not 
change; therefore, we will not issue revised cash deposit intructions 
to CBP because the cash deposit rate for APRIL remains unchanged from 
the Final Results.
    For all non-reviewed firms, Commerce instructed CBP to continue to 
collect cash deposits at the most recent company-specific or all-others 
rate applicable to the company, as appropriate. Accordingly, the cash 
deposit requirements applied to companies covered by this order, but 
not examined in this administrative review, are those established in 
the most recently completed segment of the proceeding for each company. 
These cash deposit requirements shall remain in effect until further 
notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.
    These amended final results are issued and published in accordance 
with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e).

    Dated: November 7, 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. 2018-24800 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-DS-P