Uncoated Paper From Indonesia: Preliminary Results of Countervailing Duty Administrative Review; 2018, 60378-60380 [2019-24415]
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60378
Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
briefs or rebuttal briefs are requested to
submit with each argument: (1) A
Company
statement of the issue; (2) a brief
summary of the argument; and (3) a
8
Hanawell Co., Ltd .....................
0.59 table of authorities.
Hankum Co., Ltd ......................
0.59
Interested parties who wish to request
Hyuk San Profile Co., Ltd .........
0.59 a hearing must do so within 30 days of
Nauri Logistics Co., Ltd ............
0.59 publication of these preliminary results
Taihan Electric Wire Co., Ltd ...
0.59 by submitting a written request to the
Union Steel Co., Ltd .................
0.59
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Assessment Rate
Compliance’s ACCESS system.9
Consistent with section 751(a)(2)(C) of Requests should contain the party’s
the Act, upon issuance of the final
name, address, and telephone number,
results, Commerce shall determine, and the number of participants, whether any
Customs and Border Protection (CBP)
participant is a foreign national, and a
shall assess, countervailing duties on all list of the issues to be discussed. If a
appropriate entries covered by this
request for a hearing is made, Commerce
review. We intend to issue assessment
will inform parties of the scheduled
instructions to CBP 15 days after
date of the hearing which will be held
publication of the final results of this
at the U.S. Department of Commerce,
review.
1401 Constitution Avenue NW,
Washington, DC 20230, at a time and
Cash Deposit Rate
date to be determined.10 Issues
Pursuant to section 751(a)(1) of the
addressed during the hearing will be
Act, Commerce intends to instruct CBP
limited to those raised in the briefs.11
to collect cash deposits of estimated
Parties should confirm by telephone the
countervailing duties in the amount
date, time, and location of the hearing
indicated above with regard to
two days before the scheduled date.
shipments of subject merchandise
Parties are reminded that all briefs
entered, or withdrawn from warehouse,
and hearing requests must be filed
for consumption on or after the date of
electronically using ACCESS and
publication of the final results of this
received successfully in their entirety by
review. For all non-reviewed firms, we
5 p.m. Eastern Time on the due date.
will instruct CBP to continue to collect
Unless the deadline is extended
cash deposits of estimated
countervailing duties at the most recent pursuant to section 751(a)(3)(A) of the
company-specific or all-others rate
Act, Commerce intends to issue the final
applicable to the company, as
results of this administrative review,
appropriate. These cash deposit
including the results of our analysis of
instructions, when imposed, shall
the issues raised by the parties in their
remain in effect until further notice.
comments, within 120 days after
publication of these preliminary results.
Disclosure and Public Comment
We intend to disclose to parties to this Notification to Interested Parties
proceeding the calculations performed
This administrative review and notice
in reaching the preliminary results
are in accordance with sections
within five days of the date of
751(a)(1) and 777(i)(1) of the Act and 19
publication of these preliminary
CFR 351.213 and 19 CFR 351.222(b)(4).
results.6 Case briefs or other written
Dated: November 1, 2019.
comments may be submitted to the
Assistant Secretary for Enforcement and Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance at a date to be determined.
Compliance.
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later Appendix—List of Topics Discussed in
than five days after the deadline date for the Preliminary Decision Memorandum
case briefs.7 Parties who submit case
khammond on DSKJM1Z7X2PROD with NOTICES
Subsidy
rate
(percent
ad valorem)
5 We note that cross-ownership exists between
POSCO, POSCO Chemtech (also known as POSCO
Chemical Co., Ltd.), POSCO Nippon Steel RHF Joint
Venture Co., Ltd., POSCO Processing and Service,
Pohang Scrap Recycling Distribution Center Co.,
Ltd., and POSCO M-Tech. We also note that POSCO
has an affiliated trading company through which it
exported certain subject merchandise, POSCO
Daewoo Corporation (also known as POSCO
International Corporation). See Preliminary
Decision Memorandum at 9.
6 See 19 CFR 224(b).
7 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
8 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.310(c).
10 See 19 CFR 351.310.
11 See 19 CFR 351.310(c).
9 See
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IX. Recommendation
[FR Doc. 2019–24391 Filed 11–7–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–829]
Uncoated Paper From Indonesia:
Preliminary Results of Countervailing
Duty Administrative Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
uncoated paper from Indonesia during
the period of review (POR) January 1,
2018 through December 31, 2018.
DATES: Applicable November 8, 2019.
FOR FURTHER INFORMATION CONTACT:
William Miller, 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) 482–3906.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 5, 2019, Commerce
published a notice of opportunity to
request an administrative review of the
countervailing duty (CVD) order on
uncoated paper from Indonesia covering
the period January 1, 2018 through
December 31, 2018.1 Commerce
received a timely request from the
petitioners 2 for an administrative
review of the countervailing duty order
with respect to PT Anugerah Kertas
Utama, PT Riau Andalan Kertas, APRIL
Fine Paper Macao Offshore Limited, PT
Asia Pacific Rayon, PT Sateri Viscose
International, A P Fine Paper Trading
(Hong Kong) Limited, and APRIL
International Enterprise Pte. Ltd.
(collectively, APRIL).3 On May 29, 2019,
Commerce published a notice of
initiation of an administrative review of
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 84 FR 7877
(March 5, 2019).
2 Domtar Corporation, P.H. Glatfelter Company,
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 (the USW) (collectively, petitioners).
3 See Petitioners’ Letter, ‘‘Administrative Review
of the Countervailing Duty Order on Uncoated
Paper from Indonesia (POR 1/1/2018–12/31/2018)—
Petitioners’ Request for an Administrative Review,’’
dated April 1, 2019.
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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
the CVD order on uncoated paper from
Indonesia with regard to the seven
APRIL companies.4
On May 3, 2019, APRIL notified
Commerce that APRIL will not be
participating in the 2018 administrative
review.5
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.6
Use of Facts Otherwise Available and
Application of Adverse Inferences to
APRIL
Subsequent to the initiation of this
administrative review, Commerce
issued the initial questionnaire in a
letter to the Government of Indonesia
(GOI) dated June 20, 2019.7 APRIL
failed to respond entirely to the
questionnaire by the specified deadline.
Additionally, the GOI did not submit
requested information related to APRIL
in response to Commerce’s initial
questionnaire. Therefore, because
necessary information is not available
on the record and because both APRIL
and the GOI failed to respond to
Commerce’s request for information, we
preliminarily find that the use of facts
available is warranted, pursuant to
section 776(a)(1) and 776(a)(2)(A), (B)
and (C) of the Tariff Act of 1930, as
amended (the Act). Moreover, because
APRIL and the GOI did not cooperate to
the best of their ability, pursuant to
776(b) of the Act, we preliminarily find
that use of adverse facts available (AFA)
is warranted to ensure that APRIL does
not obtain a more favorable result by
failing to cooperate than if it had fully
complied with our request for
information.
For further information, see ‘‘Use of
Facts Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.8 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 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 Review
We preliminarily determine the
following net countervailable subsidy
rate for the period January 1, 2018
through December 31, 2018:
Net subsidy
rate
Ad Valorem
(percent)
Company
PT Anugerah Kertas Utama, PT Riau Andalan Kertas, APRIL Fine Paper Macao Offshore Limited, PT Asia Pacific Rayon, PT
Sateri Viscose International, A P Fine Paper Trading (Hong Kong) Limited, and APRIL International Enterprise Pte. Ltd. (collectively, APRIL) ...............................................................................................................................................................................
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure
the Preliminary Decision
Memorandum,9 there are no further
calculations to disclose.
Normally, Commerce discloses to
interested parties the calculations
performed in connection with the
preliminary results of a review within
ten days of its public announcement, or
if there is no public announcement,
within five days of the date of
publication of the notice of preliminary
results in the Federal Register, in
accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to the sole
company that is under review (i.e.,
APRIL), in accordance with section 776
of the Act, and because our calculation
of the AFA subsidy rate is outlined in
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.10
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.11 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
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
24743 (May 29, 2019).
5 See APRIL’s Letter, ‘‘Uncoated Paper from
Indonesia,’’ dated May 3, 2019.
6 For a complete description of the scope of the
order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of the Countervailing
Duty Administrative Review of Uncoated Paper
from Indonesia; 2018,’’ (Preliminary Decision
Memorandum), dated concurrently with, and
hereby adopted by, this notice.
7 See Commerce’s Letter, ‘‘2018 Countervailing
Duty Administrative Review of Certain Uncoated
Paper from Indonesia: Countervailing Duty
Questionnaire,’’ dated June 20, 2019.
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Public Comment
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104.00
authorities.12 Case and rebuttal briefs
should be filed using ACCESS.13
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 p.m.
Eastern Time within 30 days after the
date of publication of this notice.14
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
8 See
Preliminary Decision Memorandum.
9 Id.
10 See
19 CFR 351.309(c)(ii).
19 CFR 351.309(d)(1).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See 19 CFR 351.303.
14 See 19 CFR 351.310(c).
11 See
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60380
Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
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 20230.15
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
arguments raised in any written briefs,
no later than 120 days after the
publication of these preliminary results
in the Federal Register, unless
otherwise extended.16
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 8, 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:
Assessment
Consistent with section 751(a)(1) of
the Act and 19 CFR 351.212(b)(2), upon
issuing the final results of this review,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess CVDs on all appropriate
entries. Commerce intends to issue
appropriate assessment instructions to
CBP 15 days after publication of the
final results of this review.
Background
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR 351.213
and 351.221(b)(4).
Dated: November 1, 2019.
Jeffrey I. Kessler,
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
V. Recommendation
[FR Doc. 2019–24415 Filed 11–7–19; 8:45 am]
On March 5, 2019, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty (AD) order on certain
uncoated paper (uncoated paper) from
Indonesia covering the period March 1,
2018 through February 28, 2019.1
Commerce received a timely request
from the petitioners,2 for an
administrative review of the
antidumping duty order with respect to
APRIL Fine Paper Macao Offshore
Limited, APRIL Fine Paper Trading Pte.
Ltd., APRIL International Enterprise Pte.
Ltd., A P Fine Paper Trading (Hong
Kong) Limited, PT Anugerah Kertas
Utama, PT Riau Andalan Kertas, PT
Asia Pacific Rayon, and PT Sateri
Viscose International (collectively,
APRIL).3 Commerce also received a
timely request from APRIL for an
administrative review.4 On May 29,
2019, Commerce published a notice of
initiation of an administrative review of
the AD order on uncoated paper from
Indonesia with regard to the eight
APRIL companies.5
On May 3, 2019, APRIL withdrew its
review request and notified Commerce
that it would not participate in this
administrative review.6 The petitioners,
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–828]
khammond on DSKJM1Z7X2PROD with NOTICES
Certain Uncoated Paper From
Indonesia: Preliminary Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the sole producer/exporter subject
AGENCY:
15 Id.
16 See
section 751(a)(3)(A) of the Act.
VerDate Sep<11>2014
16:45 Nov 07, 2019
Jkt 250001
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 84 FR 7877
(March 5, 2019).
2 Domtar Corporation, P.H. Glatfelter Company,
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 (the USW) (collectively, the petitioners).
3 See Petitioners’ Letter, ‘‘Administrative Review
of the Countervailing Duty Order on Uncoated
Paper from Indonesia (POR 1/1/2018–12/31/2018)—
Petitioners’ Request for an Administrative Review,’’
dated April 1, 2019.
4 See APRIL’s Letter, ‘‘Uncoated Paper from
Indonesia,’’ dated April 1, 2019 (filed on behalf of
PT Anugerah Kertas Utama (AKU), PT Riau
Andalan Kertas (RAK), and APRIL Fine Paper
Macao Offshore Limited (AFPM)).
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
24743 (May 29, 2019).
6 See APRIL’s Letter, ‘‘Uncoated Paper from
Indonesia,’’ dated May 3, 2019 (withdrawing its
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Frm 00008
Fmt 4703
Sfmt 4703
however, have not withdrawn their
request for administrative review of
APRIL.
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.7
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 notified Commerce that
it would not participate in the review.
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 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
review request and stating ‘‘APRIL will not be
participating in the above administrative review.’’).
7 For a complete description of the scope of the
order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of the 2018–2018
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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]]>Agencies
[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60378-60380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24415]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-829]
Uncoated Paper From Indonesia: Preliminary Results of
Countervailing Duty Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of uncoated paper from Indonesia during the period of review
(POR) January 1, 2018 through December 31, 2018.
DATES: Applicable November 8, 2019.
FOR FURTHER INFORMATION CONTACT: William Miller, 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) 482-3906.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2019, Commerce published a notice of opportunity to
request an administrative review of the countervailing duty (CVD) order
on uncoated paper from Indonesia covering the period January 1, 2018
through December 31, 2018.\1\ Commerce received a timely request from
the petitioners \2\ for an administrative review of the countervailing
duty order with respect to PT Anugerah Kertas Utama, PT Riau Andalan
Kertas, APRIL Fine Paper Macao Offshore Limited, PT Asia Pacific Rayon,
PT Sateri Viscose International, A P Fine Paper Trading (Hong Kong)
Limited, and APRIL International Enterprise Pte. Ltd. (collectively,
APRIL).\3\ On May 29, 2019, Commerce published a notice of initiation
of an administrative review of
[[Page 60379]]
the CVD order on uncoated paper from Indonesia with regard to the seven
APRIL companies.\4\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 84 FR 7877 (March 5, 2019).
\2\ Domtar Corporation, P.H. Glatfelter Company, 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 (the USW)
(collectively, petitioners).
\3\ See Petitioners' Letter, ``Administrative Review of the
Countervailing Duty Order on Uncoated Paper from Indonesia (POR 1/1/
2018-12/31/2018)--Petitioners' Request for an Administrative
Review,'' dated April 1, 2019.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 24743 (May 29, 2019).
---------------------------------------------------------------------------
On May 3, 2019, APRIL notified Commerce that APRIL will not be
participating in the 2018 administrative review.\5\
---------------------------------------------------------------------------
\5\ See APRIL's Letter, ``Uncoated Paper from Indonesia,'' dated
May 3, 2019.
---------------------------------------------------------------------------
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.\6\
---------------------------------------------------------------------------
\6\ For a complete description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
Countervailing Duty Administrative Review of Uncoated Paper from
Indonesia; 2018,'' (Preliminary Decision Memorandum), dated
concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Use of Facts Otherwise Available and Application of Adverse Inferences
to APRIL
Subsequent to the initiation of this administrative review,
Commerce issued the initial questionnaire in a letter to the Government
of Indonesia (GOI) dated June 20, 2019.\7\ APRIL failed to respond
entirely to the questionnaire by the specified deadline. Additionally,
the GOI did not submit requested information related to APRIL in
response to Commerce's initial questionnaire. Therefore, because
necessary information is not available on the record and because both
APRIL and the GOI failed to respond to Commerce's request for
information, we preliminarily find that the use of facts available is
warranted, pursuant to section 776(a)(1) and 776(a)(2)(A), (B) and (C)
of the Tariff Act of 1930, as amended (the Act). Moreover, because
APRIL and the GOI did not cooperate to the best of their ability,
pursuant to 776(b) of the Act, we preliminarily find that use of
adverse facts available (AFA) is warranted to ensure that APRIL does
not obtain a more favorable result by failing to cooperate than if it
had fully complied with our request for information.
---------------------------------------------------------------------------
\7\ See Commerce's Letter, ``2018 Countervailing Duty
Administrative Review of Certain Uncoated Paper from Indonesia:
Countervailing Duty Questionnaire,'' dated June 20, 2019.
---------------------------------------------------------------------------
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.\8\ 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
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.
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine the following net countervailable
subsidy rate for the period January 1, 2018 through December 31, 2018:
------------------------------------------------------------------------
Net subsidy
Company rate Ad Valorem
(percent)
------------------------------------------------------------------------
PT Anugerah Kertas Utama, PT Riau Andalan Kertas, APRIL 104.00
Fine Paper Macao Offshore Limited, PT Asia Pacific
Rayon, PT Sateri Viscose International, A P Fine Paper
Trading (Hong Kong) Limited, and APRIL International
Enterprise Pte. Ltd. (collectively, APRIL)............
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results of a review within
ten days of its public announcement, or if there is no public
announcement, within five days of the date of publication of the notice
of preliminary results in the Federal Register, in accordance with 19
CFR 351.224(b). However, because Commerce preliminarily applied AFA to
the sole company that is under review (i.e., APRIL), in accordance with
section 776 of the Act, and because our calculation of the AFA subsidy
rate is outlined in the Preliminary Decision Memorandum,\9\ there are
no further calculations to disclose.
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\9\ Id.
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\10\ 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.\11\ 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.\12\ Case and
rebuttal briefs should be filed using ACCESS.\13\
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\10\ See 19 CFR 351.309(c)(ii).
\11\ See 19 CFR 351.309(d)(1).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ 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 p.m. Eastern Time within 30 days after
the date of publication of this notice.\14\ 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
[[Page 60380]]
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.\15\
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\14\ See 19 CFR 351.310(c).
\15\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of arguments raised in
any written briefs, no later than 120 days after the publication of
these preliminary results in the Federal Register, unless otherwise
extended.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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Assessment
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuing the final results of this review, Commerce
will determine, and U.S. Customs and Border Protection (CBP) shall
assess CVDs on all appropriate entries. Commerce intends to issue
appropriate assessment instructions to CBP 15 days after publication of
the final results of this review.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: November 1, 2019.
Jeffrey I. Kessler,
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
V. Recommendation
[FR Doc. 2019-24415 Filed 11-7-19; 8:45 am]
BILLING CODE 3510-DS-P
