Certain Uncoated Paper From Indonesia: Final Results of Antidumping Duty Administrative Review; 2017-2018, 9294-9295 [2019-04759]

Download as PDF 9294 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–560–828] Certain Uncoated Paper From Indonesia: Final Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that APRIL, the lone respondent in this administrative review, made sales of certain uncoated paper at prices below normal value during the period of review (POR) March 1, 2017, through February 28, 2018. AGENCY: DATES: Applicable March 14, 2019. FOR FURTHER INFORMATION CONTACT: 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) 482–3342. SUPPLEMENTARY INFORMATION: Background The review covers one producer/ exporter of the subject merchandise, APRIL. APRIL is a collapsed entity consisting of the following companies: 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.1 On November 7, 2018, Commerce published the Preliminary Results. Although we invited parties to comment on the preliminary results of the review,2 no interested party submitted comments. Accordingly, no decision memorandum accompanies this Federal Register notice.3 Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The merchandise under review includes uncoated paper in sheet form; weighing at least 40 grams per square 1 See Certain Uncoated Paper from Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 83 FR 55692 (November 7, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM) at 1. 2 See Preliminary Results, 83 FR at 55692. 3 For further details of the issues addressed in this proceeding, see Preliminary Results and PDM. VerDate Sep<11>2014 17:22 Mar 13, 2019 Jkt 247001 meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level 4 of 85 or higher or is a colored paper; whether or not surface-decorated, printed (except as described below), embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions (Certain Uncoated Paper). Certain Uncoated Paper includes (a) uncoated free sheet paper that meets this scope definition; (b) uncoated ground wood paper produced from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this scope definition; and (c) any other uncoated paper that meets this scope definition regardless of the type of pulp used to produce the paper. Specifically excluded from the scope are (1) paper printed with final content of printed text or graphics and (2) lined paper products, typically school supplies, composed of paper that incorporates straight horizontal and/or vertical lines that would make the paper unsuitable for copying or printing purposes. For purposes of this scope definition, paper shall be considered ‘‘printed with final content’’ where at least one side of the sheet has printed text and/or graphics that cover at least five percent of the surface area of the entire sheet. On September 1, 2017, Commerce determined that that imports of uncoated paper with a GE brightness of 83 +/¥ 1% (83 Bright paper), otherwise meeting the description of in-scope merchandise, constitute merchandise ‘‘altered in form or appearance in minor respects’’ from in-scope merchandise that are subject to this order.5 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, 4 One of the key measurements of any grade of paper is brightness. Generally speaking, the brighter the paper the better the contrast between the paper and the ink. Brightness is measured using a GE Reflectance Scale, which measures the reflection of light off a grade of paper. One is the lowest reflection, or what would be given to a totally black grade, and 100 is the brightest measured grade. ‘‘Colored paper’’ as used in this scope definition means a paper with a hue other than white that reflects one of the primary colors of magenta, yellow, and cyan (red, yellow, and blue) or a combination of such primary colors. 5 See Certain Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 82 FR 41610 (September 1, 2017). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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. Duty Absorption As discussed in the Preliminary Results, the petitioners requested that Commerce determine whether antidumping duties have been absorbed by APRIL.6 Section 751(a)(4) of the Act provides that, if requested during an administrative review initiated two or four years after the publication of the order, Commerce will determine whether antidumping duties have been absorbed by a foreign producer or exporter, if the subject merchandise is sold in the United States through an affiliated importer. Because this review was initiated two years after the publication of the order,7 we are making a duty absorption determination in this segment of the proceeding within the meaning of 19 CFR 351.213(j). As explained in the Preliminary Results, we have determined a margin for APRIL on the basis of facts available with an adverse inference because APRIL failed to respond to Commerce’s AD questionnaire. Similarly, the requirement of subject merchandise being sold in the United States through an affiliated importer is satisfied on the basis of AFA. Accordingly, we have applied an adverse inference to find that duty absorption exists on all U.S. sales of the subject merchandise exported by APRIL.8 Final Results of the Review As a result of this review, we determine the dumping margin for APRIL for the period March 1, 2017, through February 28, 2018, is as follows: 6 See PDM at 6. Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 19215 (May 2, 2018), and Certain Uncoated Paper from Australia, Brazil, Indonesia, the People’s Republic of China, and Portugal: Amended Final Affirmative Antidumping Determinations for Brazil and Indonesia and Antidumping Duty Orders, 81 FR 11174 (March 3, 2016) (Order). 8 See PDM at 6. 7 See E:\FR\FM\14MRN1.SGM 14MRN1 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Notices Dumping margin (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) .............................................................................................. Assessment Rates Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). Because APRIL withdrew its participation from this review and reported no information to Commerce for this POR, we will instruct CBP to apply an assessment rate to all entries it produced and/or exported equal to the dumping margin indicated above. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of 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 the rate shown above; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate 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, a previous 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.10 These deposit requirements, when 9 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 segment in the companion countervailing duty proceeding. 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. 10 See Order, 81 FR at 11174. VerDate Sep<11>2014 17:22 Mar 13, 2019 Jkt 247001 imposed, shall remain in effect until further notice. Notification to Importers This notice serves as the only 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 the Secretary’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ 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. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h) and 351.221(b)(5). Dated: March 6, 2019. 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. [FR Doc. 2019–04759 Filed 3–13–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Rulings Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable March 14, 2019. AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 9295 66.81 9 The Department of Commerce (Commerce) hereby publishes a list of scope rulings and anticircumvention determinations made between July 1, 2017, and September 30, 2017, inclusive. We intend to publish future lists after the close of the next calendar quarter. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–4735. SUPPLEMENTARY INFORMATION: SUMMARY: Background Commerce regulations provide that the Secretary will publish in the Federal Register a list of scope rulings on a quarterly basis.1 Our most recent notification of scope rulings was published on (July 9, 2018).2 This current notice covers all scope rulings and anticircumvention determinations made by Enforcement and Compliance between July 1, 2017, and September 30, 2017, inclusive. Scope Rulings Made Between July 1, 2017 and September 30, 2017 A–583–831, A–580–834, A–588–845, and C–580–835: Stainless Steel Sheet and Strip in Coils From Japan, the Republic of Korea, and Taiwan Requestor: Precision Hose, Inc; The imported strip at issue meets the physical characteristics of the strip in coils covered by the scope and does not qualify for the cut-to-length exclusion; August 28, 2017. A–570–044: 1,1,1,2-Tetraflouroethane (R–134a) From the People’s Republic of China Requestor: BMP International Inc. (BMP). Commerce determined that R– 134a produced in Japan and sent to a foreign trade zone (FTZ) in China for repackaging prior to shipment to the United States, as imported by BMP, is of Japanese origin, and is, thus, not covered by the scope of the Order because the product is merely repackaged in the China and not altered 1 See 19 CFR 351.225(o). Notice of Scope Rulings, 83 FR 31733 (July 9, 2018). 2 See E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Pages 9294-9295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04759]



[[Page 9294]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-828]


Certain Uncoated Paper From Indonesia: Final Results of 
Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that APRIL, 
the lone respondent in this administrative review, made sales of 
certain uncoated paper at prices below normal value during the period 
of review (POR) March 1, 2017, through February 28, 2018.

DATES: Applicable March 14, 2019.

FOR FURTHER INFORMATION CONTACT: 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) 482-3342.

SUPPLEMENTARY INFORMATION: 

Background

    The review covers one producer/exporter of the subject merchandise, 
APRIL. APRIL is a collapsed entity consisting of the following 
companies: 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.\1\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper from Indonesia: Preliminary 
Results of Antidumping Duty Administrative Review; 2017-2018, 83 FR 
55692 (November 7, 2018) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM) at 1.
---------------------------------------------------------------------------

    On November 7, 2018, Commerce published the Preliminary Results. 
Although we invited parties to comment on the preliminary results of 
the review,\2\ no interested party submitted comments. Accordingly, no 
decision memorandum accompanies this Federal Register notice.\3\ 
Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \2\ See Preliminary Results, 83 FR at 55692.
    \3\ For further details of the issues addressed in this 
proceeding, see Preliminary Results and PDM.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise under review includes uncoated paper in sheet form; 
weighing at least 40 grams per square meter but not more than 150 grams 
per square meter; that either is a white paper with a GE brightness 
level \4\ of 85 or higher or is a colored paper; whether or not 
surface-decorated, printed (except as described below), embossed, 
perforated, or punched; irrespective of the smoothness of the surface; 
and irrespective of dimensions (Certain Uncoated Paper).
---------------------------------------------------------------------------

    \4\ One of the key measurements of any grade of paper is 
brightness. Generally speaking, the brighter the paper the better 
the contrast between the paper and the ink. Brightness is measured 
using a GE Reflectance Scale, which measures the reflection of light 
off a grade of paper. One is the lowest reflection, or what would be 
given to a totally black grade, and 100 is the brightest measured 
grade. ``Colored paper'' as used in this scope definition means a 
paper with a hue other than white that reflects one of the primary 
colors of magenta, yellow, and cyan (red, yellow, and blue) or a 
combination of such primary colors.
---------------------------------------------------------------------------

    Certain Uncoated Paper includes (a) uncoated free sheet paper that 
meets this scope definition; (b) uncoated ground wood paper produced 
from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this 
scope definition; and (c) any other uncoated paper that meets this 
scope definition regardless of the type of pulp used to produce the 
paper.
    Specifically excluded from the scope are (1) paper printed with 
final content of printed text or graphics and (2) lined paper products, 
typically school supplies, composed of paper that incorporates straight 
horizontal and/or vertical lines that would make the paper unsuitable 
for copying or printing purposes. For purposes of this scope 
definition, paper shall be considered ``printed with final content'' 
where at least one side of the sheet has printed text and/or graphics 
that cover at least five percent of the surface area of the entire 
sheet.
    On September 1, 2017, Commerce determined that that imports of 
uncoated paper with a GE brightness of 83 +/- 1% (83 Bright paper), 
otherwise meeting the description of in-scope merchandise, constitute 
merchandise ``altered in form or appearance in minor respects'' from 
in-scope merchandise that are subject to this order.\5\
---------------------------------------------------------------------------

    \5\ See Certain Uncoated Paper from Australia, Brazil, the 
People's Republic of China, Indonesia, and Portugal: Affirmative 
Final Determination of Circumvention of the Antidumping and 
Countervailing Duty Orders, 82 FR 41610 (September 1, 2017).
---------------------------------------------------------------------------

    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 of the order is dispositive.

Duty Absorption

    As discussed in the Preliminary Results, the petitioners requested 
that Commerce determine whether antidumping duties have been absorbed 
by APRIL.\6\ Section 751(a)(4) of the Act provides that, if requested 
during an administrative review initiated two or four years after the 
publication of the order, Commerce will determine whether antidumping 
duties have been absorbed by a foreign producer or exporter, if the 
subject merchandise is sold in the United States through an affiliated 
importer. Because this review was initiated two years after the 
publication of the order,\7\ we are making a duty absorption 
determination in this segment of the proceeding within the meaning of 
19 CFR 351.213(j). As explained in the Preliminary Results, we have 
determined a margin for APRIL on the basis of facts available with an 
adverse inference because APRIL failed to respond to Commerce's AD 
questionnaire. Similarly, the requirement of subject merchandise being 
sold in the United States through an affiliated importer is satisfied 
on the basis of AFA. Accordingly, we have applied an adverse inference 
to find that duty absorption exists on all U.S. sales of the subject 
merchandise exported by APRIL.\8\
---------------------------------------------------------------------------

    \6\ See PDM at 6.
    \7\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 19215 (May 2, 2018), and Certain 
Uncoated Paper from Australia, Brazil, Indonesia, the People's 
Republic of China, and Portugal: Amended Final Affirmative 
Antidumping Determinations for Brazil and Indonesia and Antidumping 
Duty Orders, 81 FR 11174 (March 3, 2016) (Order).
    \8\ See PDM at 6.
---------------------------------------------------------------------------

Final Results of the Review

    As a result of this review, we determine the dumping margin for 
APRIL for the period March 1, 2017, through February 28, 2018, is as 
follows:

[[Page 9295]]



------------------------------------------------------------------------
                                                               Dumping
                     Exporter/producer                          margin
                                                              (percent)
------------------------------------------------------------------------
PT Anugerah Kertas Utama, PT Riau Andalan Kertas, APRIL       66.81 \9\
 Fine Paper Macao Offshore Limited, PT Sateri Viscose
 International, and A P Fine Paper Trading (Hong Kong)
 Limited (collectively, APRIL).............................
------------------------------------------------------------------------

Assessment Rates
---------------------------------------------------------------------------

    \9\ 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 segment in the companion 
countervailing duty proceeding. 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.
---------------------------------------------------------------------------

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). 
Because APRIL withdrew its participation from this review and reported 
no information to Commerce for this POR, we will instruct CBP to apply 
an assessment rate to all entries it produced and/or exported equal to 
the dumping margin indicated above. Commerce intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 the rate shown 
above; (2) for previously reviewed or investigated companies not 
participating in this review, the cash deposit rate 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, a 
previous 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.\10\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \10\ See Order, 81 FR at 11174.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as the only 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 the Secretary's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/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.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h) and 
351.221(b)(5).

    Dated: March 6, 2019.
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.
[FR Doc. 2019-04759 Filed 3-13-19; 8:45 am]
 BILLING CODE 3510-DS-P