80 FR 15981 - Supercalendered Paper From Canada: Initiation of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 58 (March 26, 2015)
International Trade Administration
Federal Register Volume 80, Issue 58 (March 26, 2015)
| Page Range | 15981-15984 | |
| FR Document | 2015-06867 |
[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)] [Notices] [Pages 15981-15984] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06867] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-122-854] Supercalendered Paper From Canada: Initiation of Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: March 26, 2015. FOR FURTHER INFORMATION CONTACT: Joshua Morris or Shane Subler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1779 or (202) 482-0189, respectively. SUPPLEMENTARY INFORMATION: The Petition On February 26, 2015, the Department of Commerce (the Department) received a countervailing duty (CVD) petition \1\ concerning imports of supercalendered paper (SC paper) from Canada, filed in proper form on behalf of the Coalition for Fair Paper Imports (the petitioner).\2\ The petitioner is an ad hoc association of domestic producers of SC paper. --------------------------------------------------------------------------- \1\ See Petition for the Imposition of Countervailing Duties on Supercalendered Paper from Canada (February 26, 2015) (Petition). \2\ The Coalition for Fair Paper Imports consists of Madison Paper Industries and Verso Corporation. --------------------------------------------------------------------------- On March 3 and 13, 2015, we requested information and clarification for certain areas of the Petition.\3\ The petitioner responded to these requests on March 9 and 16, 2015.\4\ --------------------------------------------------------------------------- \3\ See Letters from the Department, ``Petition For The Imposition Of Countervailing Duties on Imports of Supercalendered Paper from Canada: Supplemental Questions'' (March 3, 2015) and ``Petition For The Imposition Of Countervailing Duties on Imports of Supercalendered Paper from Canada: Additional Supplemental Question'' (March 13, 2015). \4\ See Letters from the petitioner, ``Supercalendered Paper From Canada/Petitioner's Response To The Department's Questions Regarding The Petition'' (March 9, 2015) (Petition Supplement) and ``Supercalendered Paper From Canada/Response to the March 13, 2015 Additional Supplemental Question for Volume II of the Petition'' (March 16, 2015). --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of Canada (the GOC) and certain Canadian provinces are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to imports of SC paper from Canada, and that such imports are materially injuring, or are threatening material injury to, the domestic industry in the United States pursuant to section 701 of the Act. Consistent with section 702(b)(1) of the Act, the Petition is accompanied by information reasonably available to petitioner supporting its allegations. The Department finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(F) of the Act, and that the petitioner has demonstrated [[Page 15982]] sufficient industry support with respect to the initiation of the investigation the petitioner is requesting.\5\ --------------------------------------------------------------------------- \5\ See ``Determination of Industry Support for the Petition'' below. --------------------------------------------------------------------------- Period of Investigation The period for which we are measuring subsidies, i.e., the period of investigation (POI), is January 1, 2014, through December 31, 2014. Scope of the Investigation The product covered by this investigation is SC paper from Canada. For a full description of the scope of this investigation, see the ``Scope of the Investigation'' in Appendix I of this notice. Comments on the Scope of the Investigation During our review of the Petition, we issued questions to, and received responses from, the petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief. As discussed in the preamble to our regulations,\6\ we are setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination. If scope comments include factual information,\7\ all such factual information should be limited to public information. All such comments must be filed by 5:00 p.m. Eastern Time (ET) on April 7, 2015, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on April 17, 2015, which is 10 calendar days after the initial comments are due. --------------------------------------------------------------------------- \6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). \7\ See 19 CFR 351.102(b)(21). --------------------------------------------------------------------------- We request that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. Filing Requirements All submissions to the Department must be filed electronically using the Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).\8\ An electronically filed document must be received successfully in its entirety by the time and date noted above. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the deadlines noted above. --------------------------------------------------------------------------- \8\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011) for details of our electronic filing requirements. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.vgov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to section 702(b)(4)(A)(i) of the Act, we notified the GOC of the receipt of the Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, we invited representatives of the GOC for consultations with respect to the Petition.\9\ Consultations were held on March 12, 2015.\10\ This memorandum is on file electronically via ACCESS. --------------------------------------------------------------------------- \9\ See Letter from the Department, ``Supercalendered Paper from Canada'' (February 26, 2015). \10\ See Ex-Parte Memorandum, ``Ex-Parte Meeting with Officials of the Government of Canada on the Countervailing Duty Petition on Supercalendered Paper from Canada'' (March 13, 2015). --------------------------------------------------------------------------- Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the industry. Section 771(4)(A) of the Act defines the ``industry'' as the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,\11\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\12\ --------------------------------------------------------------------------- \11\ See section 771(10) of the Act. \12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that SC paper constitutes a single domestic like product and we have analyzed industry support in terms of that domestic like product.\13\ --------------------------------------------------------------------------- \13\ For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Supercalendered Paper from Canada (Initiation Checklist), at Attachment II, Analysis of Industry Support for the Petition Covering Supercalendered Paper from Canada (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room 7046 of the main Department building. --------------------------------------------------------------------------- [[Page 15983]] In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ``Scope of the Investigation,'' in Appendix I of this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2014.\14\ The petitioner identifies its individual member companies, Madison Paper Industries and Verso Corporation, as the companies constituting the U.S. SC paper industry and states that there are no other known producers of SC paper in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.\15\ --------------------------------------------------------------------------- \14\ See Petition at Volume I, at I-3. \15\ Id., at I-3; see also Petition Supplement at 3 and Exhibit S-3. --------------------------------------------------------------------------- Based on the data provided in the Petition, Petition Supplement, and other information readily available to the Department, we determine that the petitioner has established industry support.\16\ First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).\17\ Second, the domestic producers (or workers) met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.\18\ Finally, the domestic producers (or workers) met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.\19\ Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \16\ Id. \17\ See section 702(c)(4)(D) of the Act; see also Initiation Checklist, at Attachment II. \18\ Id. \19\ Id. --------------------------------------------------------------------------- The Department finds that the petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(F) of the Act and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting the Department initiate.\20\ --------------------------------------------------------------------------- \20\ Id. --------------------------------------------------------------------------- Injury Test Because Canada is a ``Subsidies Agreement Country'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from Canada materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. The petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\21\ --------------------------------------------------------------------------- \21\ See Petition at Volume I, at I-13--I-14 and Exhibit I-6; see also Petition Supplement at 3 and Exhibit S-4. --------------------------------------------------------------------------- The petitioner contends that the industry's injured condition is illustrated by reduced market share, underselling and price suppression or depression, lost sales and revenues, and other adverse impacts on the domestic industry, including declining capacity utilization rates and shipments, declining employment variables, and decline in domestic industry performance.\22\ We assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.\23\ --------------------------------------------------------------------------- \22\ Id., at I-14--I-20 and Exhibits I-7--I-13. \23\ See Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Countervailing Duty Petition Covering Supercalendered Paper from Canada. --------------------------------------------------------------------------- Initiation of Countervailing Duty Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges the elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to the petitioner supporting the allegations. In the Petition, the petitioner alleges that producers of SC paper in Canada benefited from countervailable subsidies bestowed by the GOC and certain Canadian provincial governments. We have examined the Petition and find that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, or exporters of SC Paper from Canada receive countervailable subsidies from the GOC and the certain Canadian provincial governments. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation of 28 of the 29 alleged programs. For a full discussion of the basis for our decision to initiate or not to initiate on each program, see Initiation Checklist. Respondent Selection The petitioner named four companies as producers/exporters of SC paper from Canada.\24\ We will address the question of respondent selection subsequent to this initiation. --------------------------------------------------------------------------- \24\ See Petition at Volume II, at Exhibit II-3. --------------------------------------------------------------------------- Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to representatives of the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each known exporter (as named in the Petition), as provided in 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of SC paper from Canada are materially injuring, or threatening material injury to, a U.S. industry.\25\ A negative ITC determination will result in the investigation being terminated; otherwise, the investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \25\ See section 703(a) of the Act. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; [[Page 15984]] (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)-(iv). The regulation requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Please review the regulations prior to submitting factual information in this investigation. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under Part 351, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under Part. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this segment. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\26\ The Department intends to reject factual submissions if the submitting party does not comply with the certification requirements provided in 19 CFR 351.303(g) and implemented in the Final Rule.\27\ --------------------------------------------------------------------------- \26\ See section 782(b) of the Act. \27\ See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, we published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. Dated: March 18, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is supercalendered paper (SC paper). SC paper is uncoated paper that has undergone a calendering process in which the base sheet, made of pulp and filler (typically, but not limited to, clay, talc, or other mineral additive), is processed through a set of supercalenders, a supercalender, or a soft nip calender operation.\28\ --------------------------------------------------------------------------- \28\ Supercalendering and soft nip calendering processing, in conjunction with the mineral filler contained in the base paper, are performed to enhance the surface characteristics of the paper by imparting a smooth and glossy printing surface. Supercalendering and soft nip calendering also increase the density of the base paper. --------------------------------------------------------------------------- The scope of this investigation covers all SC paper regardless of basis weight, brightness, opacity, smoothness, or grade, and whether in rolls or in sheets. Further, the scope covers all SC paper that meets the scope definition regardless of the type of pulp fiber or filler material used to produce the paper. Specifically excluded from the scope are imports of paper printed with final content of printed text or graphics. Subject merchandise primarily enters under Harmonized Tariff Schedule of the United States (HTSUS) subheading 4802.61.3035, but may also enter under subheadings 4802.61.3010, 4802.62.3000, 4802.62.6020, and 4802.69.3000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. [FR Doc. 2015-06867 Filed 3-25-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices 15981
any way in any transaction involving person, firm, corporation, or business DATES: Effective Date: March 26, 2015.
any commodity, software or technology organization related to a Denied Person FOR FURTHER INFORMATION CONTACT:
(hereinafter collectively referred to as by ownership, control, position of Joshua Morris or Shane Subler, AD/CVD
‘‘item’’) exported or to be exported from responsibility, affiliation, or other Operations, Office I, Enforcement and
the United States that is subject to the connection in the conduct of trade or Compliance, International Trade
Export Administration Regulations business may also be made subject to Administration, U.S. Department of
(‘‘EAR’’), or in any other activity subject the provisions of this Order. Commerce, 14th Street and Constitution
to the EAR including, but not limited to: In accordance with the provisions of Avenue NW., Washington, DC 20230;
A. Applying for, obtaining, or using Section 766.24(e) of the EAR, Flider telephone: (202) 482–1779 or (202) 482–
any license, License Exception, or Electronics, LLC d/b/a Trident 0189, respectively.
export control document; International Corporation, may, at any SUPPLEMENTARY INFORMATION:
B. Carrying on negotiations time, appeal this Order by filing a full
concerning, or ordering, buying, written statement in support of the The Petition
receiving, using, selling, delivering, appeal with the Office of the On February 26, 2015, the Department
storing, disposing of, forwarding, Administrative Law Judge, U.S. Coast of Commerce (the Department) received
transporting, financing, or otherwise Guard ALJ Docketing Center, 40 South a countervailing duty (CVD) petition 1
servicing in any way, any transaction Gay Street, Baltimore, Maryland 21202– concerning imports of supercalendered
involving any item exported or to be 4022. In accordance with the provisions paper (SC paper) from Canada, filed in
exported from the United States that is of Sections 766.23(c)(2) and 766.24(e)(3) proper form on behalf of the Coalition
subject to the EAR, or in any other of the EAR, Pavel Semenovich Flider for Fair Paper Imports (the petitioner).2
activity subject to the EAR; or and Gennadiy Semenovich Flider may, The petitioner is an ad hoc association
C. Benefitting in any way from any at any time, appeal their inclusion as a of domestic producers of SC paper.
transaction involving any item exported related person by filing a full written On March 3 and 13, 2015, we
or to be exported from the United States statement in support of the appeal with requested information and clarification
that is subject to the EAR, or in any the Office of the Administrative Law for certain areas of the Petition.3 The
other activity subject to the EAR. Judge, U.S. Coast Guard ALJ Docketing petitioner responded to these requests
Second, that no person may, directly Center, 40 South Gay Street, Baltimore, on March 9 and 16, 2015.4
or indirectly, do any of the following: Maryland 21202–4022. In accordance with section 702(b)(1)
A. Export or reexport to or on behalf In accordance with the provisions of of the Tariff Act of 1930, as amended
of a Denied Person any item subject to Section 766.24(d) of the EAR, BIS may (the Act), the petitioner alleges that the
the EAR; seek renewal of this Order by filing a Government of Canada (the GOC) and
B. Take any action that facilitates the
written request not later than 20 days certain Canadian provinces are
acquisition or attempted acquisition by
before the expiration date. Flider providing countervailable subsidies,
a Denied Person of the ownership,
Electronics, LLC d/b/a Trident within the meaning of sections 701 and
possession, or control of any item
International Corporation may oppose a 771(5) of the Act, to imports of SC paper
subject to the EAR that has been or will
request to renew this Order by filing a from Canada, and that such imports are
be exported from the United States,
written submission with the Assistant materially injuring, or are threatening
including financing or other support
Secretary for Export Enforcement, material injury to, the domestic industry
activities related to a transaction
which must be received not later than in the United States pursuant to section
whereby a Denied Person acquires or
seven days before the expiration date of 701 of the Act. Consistent with section
attempts to acquire such ownership,
the Order. 702(b)(1) of the Act, the Petition is
possession or control;
C. Take any action to acquire from or A copy of this Order shall be sent to accompanied by information reasonably
to facilitate the acquisition or attempted Flider Electronics LLC d/b/a Trident available to petitioner supporting its
acquisition from a Denied Person of any International Corporation and each allegations.
related person, and shall be published The Department finds that the
item subject to the EAR that has been
in the Federal Register. petitioner filed the Petition on behalf of
exported from the United States;
D. Obtain from a Denied Person in the This Order is effective upon issuance the domestic industry because the
United States any item subject to the and shall remain in effect for 180 days. petitioner is an interested party as
EAR with knowledge or reason to know Dated: March 19, 2015. defined in section 771(9)(F) of the Act,
that the item will be, or is intended to and that the petitioner has demonstrated
David W. Mills,
be, exported from the United States; or Assistant Secretary of Commerce for Export 1 See Petition for the Imposition of Countervailing
E. Engage in any transaction to service Enforcement. Duties on Supercalendered Paper from Canada
any item subject to the EAR that has [FR Doc. 2015–06894 Filed 3–25–15; 8:45 am] (February 26, 2015) (Petition).
been or will be exported from the BILLING CODE P
2 The Coalition for Fair Paper Imports consists of
United States and which is owned, Madison Paper Industries and Verso Corporation.
3 See Letters from the Department, ‘‘Petition For
possessed or controlled by a Denied
The Imposition Of Countervailing Duties on
Person, or service any item, of whatever DEPARTMENT OF COMMERCE Imports of Supercalendered Paper from Canada:
origin, that is owned, possessed or Supplemental Questions’’ (March 3, 2015) and
controlled by a Denied Person if such International Trade Administration ‘‘Petition For The Imposition Of Countervailing
service involves the use of any item Duties on Imports of Supercalendered Paper from
[C–122–854] Canada: Additional Supplemental Question’’
mstockstill on DSK4VPTVN1PROD with NOTICES
subject to the EAR that has been or will (March 13, 2015).
be exported from the United States. For Supercalendered Paper From Canada: 4 See Letters from the petitioner,
purposes of this paragraph, servicing Initiation of Countervailing Duty ‘‘Supercalendered Paper From Canada/Petitioner’s
means installation, maintenance, repair, Investigation Response To The Department’s Questions
modification or testing. Regarding The Petition’’ (March 9, 2015) (Petition
Supplement) and ‘‘Supercalendered Paper From
Third, that, after notice and AGENCY: Enforcement and Compliance, Canada/Response to the March 13, 2015 Additional
opportunity for comment as provided in International Trade Administration, Supplemental Question for Volume II of the
Section 766.23 of the EAR, any other Department of Commerce. Petition’’ (March 16, 2015).
VerDate Sep<11>2014 18:55 Mar 25, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\26MRN1.SGM 26MRN1](https://thefederalregister.org/doc/80_FR_16039/page/1.svg)
![15984 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Notices
(ii) evidence submitted in support of and completeness of that information.26 4802.62.6020, and 4802.69.3000. Although
allegations; (iii) publicly available The Department intends to reject factual the HTSUS subheadings are provided for
information to value factors under 19 submissions if the submitting party does convenience and customs purposes, the
written description of the scope of the
CFR 351.408(c) or to measure the not comply with the certification
investigation is dispositive.
adequacy of remuneration under 19 CFR requirements provided in 19 CFR
351.511(a)(2); (iv) evidence placed on 351.303(g) and implemented in the [FR Doc. 2015–06867 Filed 3–25–15; 8:45 am]
the record by the Department; and (v) Final Rule.27 BILLING CODE 3510–DS–P
evidence other than factual information
Notification to Interested Parties
described in (i)–(iv). The regulation
requires any party, when submitting Interested parties must submit DEPARTMENT OF COMMERCE
factual information, to specify under applications for disclosure under APO
in accordance with 19 CFR 351.305. On National Oceanic and Atmospheric
which subsection of 19 CFR Administration
351.102(b)(21) the information is being January 22, 2008, we published
submitted and, if the information is Antidumping and Countervailing Duty RIN 0648–XD852
submitted to rebut, clarify, or correct Proceedings: Documents Submission
factual information already on the Procedures; APO Procedures, 73 FR Endangered and Threatened Species;
record, to provide an explanation 3634 (January 22, 2008). Parties wishing Take of Anadromous Fish
identifying the information already on to participate in this investigation AGENCY: National Marine Fisheries
the record that the factual information should ensure that they meet the Service (NMFS), National Oceanic and
seeks to rebut, clarify, or correct. Time requirements of these procedures (e.g., Atmospheric Administration (NOAA),
limits for the submission of factual the filing of letters of appearance as Commerce.
information are addressed in 19 CFR discussed at 19 CFR 351.103(d)).
ACTION: Notice; availability of NMFS
351.301, which provides specific time This notice is issued and published
pursuant to sections 702 and 777(i) of evaluation of joint state/tribal hatchery
limits based on the type of factual plans and request for comment.
information being submitted. Please the Act.
review the regulations prior to Dated: March 18, 2015. SUMMARY: Notice is hereby given that
submitting factual information in this Paul Piquado, the Washington Department of Fish and
investigation. Assistant Secretary for Enforcement and Wildlife (WDFW), with the Jamestown
Compliance. S’Klallam Tribe, the Lummi Nation, the
Extensions of Time Limits
Nooksack Tribe, the Stillaguamish
Parties may request an extension of Appendix I Tribes, and the Tulalip Tribes as the
time limits before the expiration of a Scope of the Investigation U.S. v. Washington salmon resource co-
time limit established under Part 351, or The merchandise covered by this managers, has submitted three Hatchery
as otherwise specified by the Secretary. investigation is supercalendered paper (SC and Genetic Management Plans, to be
In general, an extension request will be paper). SC paper is uncoated paper that has considered jointly, to NMFS pursuant to
considered untimely if it is filed after undergone a calendering process in which the limitation on take prohibitions for
the expiration of the time limit the base sheet, made of pulp and filler actions conducted under Limit 6 of the
established under Part. For submissions (typically, but not limited to, clay, talc, or 4(d) Rule for salmon and steelhead
that are due from multiple parties other mineral additive), is processed through promulgated under the Endangered
a set of supercalenders, a supercalender, or
simultaneously, an extension request Species Act (ESA). The plans specify
a soft nip calender operation.28
will be considered untimely if it is filed The scope of this investigation covers all the propagation of early-returning
after 10:00 a.m. on the due date. Under SC paper regardless of basis weight, (‘‘early’’) winter steelhead in the
certain circumstances, we may elect to brightness, opacity, smoothness, or grade, Dungeness, Nooksack, and
specify a different time limit by which and whether in rolls or in sheets. Further, the Stillaguamish River watersheds of
extension requests will be considered scope covers all SC paper that meets the Washington State. This document serves
untimely for submissions which are due scope definition regardless of the type of to notify the public of the availability
from multiple parties simultaneously. In pulp fiber or filler material used to produce for comment of the proposed evaluation
such a case, we will inform parties in the paper. of the Secretary of Commerce
Specifically excluded from the scope are
the letter or memorandum setting forth (Secretary) as to whether
imports of paper printed with final content
the deadline (including a specified time) of printed text or graphics. implementation of the joint plans will
by which extension requests must be Subject merchandise primarily enters appreciably reduce the likelihood of
filed to be considered timely. An under Harmonized Tariff Schedule of the survival and recovery of ESA-listed
extension request must be made in a United States (HTSUS) subheading Puget Sound steelhead, Puget Sound
separate, stand-alone submission; under 4802.61.3035, but may also enter under Chinook salmon, and Hood Canal
limited circumstances we will grant subheadings 4802.61.3010, 4802.62.3000, summer chum salmon.
untimely-filed requests for the extension This notice further advises the public
of time limits. Review Extension of 26 See section 782(b) of the Act. of the availability for review of a draft
27 See Certification of Factual Information to
Time Limits; Final Rule, 78 FR 57790 Environmental Assessment of the effects
Import Administration During Antidumping and
(September 20, 2013), available at Countervailing Duty Proceedings, 78 FR 42678 (July
of the NMFS determination on the
http://www.gpo.gov/fdsys/pkg/FR-2013- 17, 2013) (Final Rule); see also frequently asked subject joint plans.
09-20/html/2013-22853.htm, prior to questions regarding the Final Rule, available at DATES: Comments must be received at
mstockstill on DSK4VPTVN1PROD with NOTICES
submitting factual information in this http://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
the appropriate address or email
segment. 28 Supercalendering and soft nip calendering mailbox (see ADDRESSES) no later than 5
Certification Requirements processing, in conjunction with the mineral filler p.m. Pacific time on April 27, 2015.
contained in the base paper, are performed to ADDRESSES: Written comments on the
Any party submitting factual enhance the surface characteristics of the paper by
imparting a smooth and glossy printing surface.
proposed evaluation and pending
information in an AD or CVD Supercalendering and soft nip calendering also determination should be addressed to
proceeding must certify to the accuracy increase the density of the base paper. the NMFS Sustainable Fisheries
VerDate Sep<11>2014 18:55 Mar 25, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\26MRN1.SGM 26MRN1](https://thefederalregister.org/doc/80_FR_16039/page/4.svg)
Document Created: 2015-12-18 11:46:58
Document Modified: 2015-12-18 11:46:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Joshua Morris or Shane Subler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1779 or (202) 482-0189, respectively. | |
| FR Citation | 80 FR 15981 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR