80_FR_37092 80 FR 36968 - Certain Uncoated Paper From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

80 FR 36968 - Certain Uncoated Paper From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 124 (June 29, 2015)

Page Range36968-36970
FR Document2015-15891

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain uncoated paper (uncoated paper) from the People's Republic of China (PRC). The period of investigation is January 1, 2014, through December 31, 2014. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 80 Issue 124 (Monday, June 29, 2015)
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 36968-36970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15891]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-023]


Certain Uncoated Paper From the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination and Alignment 
of Final Determination With Final Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain uncoated paper (uncoated paper) from 
the People's Republic of China (PRC). The period of investigation is 
January 1, 2014, through December 31, 2014. Interested parties are 
invited to comment on this preliminary determination.

DATES: Effective Date: June 29, 2015.

FOR FURTHER INFORMATION CONTACT: Patricia Tran or Joy Zhang, Office 
III, AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1503 and (202) 482-1168, respectively.

Alignment of Final Countervailing Duty (CVD) Determination With Final 
Antidumping Duty (AD) Determination

    On the same day that the Department initiated this CVD 
investigation, the Department also initiated a CVD investigation of 
uncoated paper from Indonesia and AD investigations of uncoated paper 
from Australia, Brazil, the PRC, Indonesia, and Portugal.\1\ The AD and 
CVD investigations cover the same merchandise. On June 17, 2015, in 
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.210(b)(4)(i), Petitioners \2\ requested 
alignment of the final CVD determination with the final AD 
determination of uncoated paper from the PRC.\3\ Therefore, in 
accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4)(i), we are aligning the final CVD determination with the 
final AD determination. Consequently, the final CVD determination will 
be issued on the same date as the final AD determination, which is 
currently scheduled to be issued no later than November 2, 2015, unless 
postponed.
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper From the People's Republic of 
China and Indonesia: Initiation of Countervailing Duty 
Investigations, 80 FR 8598 (February 18, 2015); and Certain Uncoated 
Paper From Australia, Brazil, the People's Republic of China, 
Indonesia, and Portugal: Initiation of Less-Than-Fair-Value 
Investigations, 80 FR 8608 (February 18, 2015).
    \2\ Petitioners are United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union; Domtar Corporation; Finch Paper LLC; P.H. 
Glatfelter Company; and Packaging Corporation of America 
(collectively, Petitioners).
    \3\ See Letter from Petitioners regarding ``Certain Uncoated 
Paper from People's Republic of China: Request for Alignment'' (June 
17, 2015).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is uncoated paper from 
the PRC. For a complete description of the scope of the investigation, 
see Appendix 1 to this notice.

Methodology

    The Department is conducting this CVD investigation in accordance 
with section 701 of the Act. For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Issues and 
Decision

[[Page 36969]]

Memorandum.\4\ The Preliminary Issues and 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 
http://access.trade.gov and is available to all parties in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Preliminary Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Issues and 
Decision Memorandum and the electronic version of the Preliminary 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
regarding ``Decision Memorandum for the Preliminary Determination in 
the Countervailing Duty Investigation of Certain Uncoated Ppaer from 
the People's Republic of China,'' dated concurrently with this 
notice (Preliminary Issues and Decision Memorandum).
---------------------------------------------------------------------------

    For this preliminary determination, we have relied on facts 
available for Sun Paper (Hong Kong) Co., Ltd. (Sun Paper HK) and 
Shandong Sun Paper Industry Joint Stock Co., Ltd. (Shandong Sun Paper) 
(collectively Sun Paper), and UPM Changshu (UPM), mandatory 
respondents, because the companies did not act to the best of their 
ability and respond to the Department's requests for information. 
Further, we have drawn an adverse inference in selecting from among the 
facts otherwise available to calculate the ad valorem rate for Sun 
Paper and UPM.\5\ We have also relied on facts available, with adverse 
inferences, with respect to certain information requested of the 
Government of China. For further information, see ``Use of Facts 
Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

    The Department's analysis of program usage by Asia Symbol 
(Guangdong) Omya Minerals Co., Ltd. (AS Omya), Asia Symbol (Shandong) 
Pulp & Paper Co., and Greenpoint Global Trading (Macao Commercial 
Offshore) Limted (Greenpoint) (collectively, the Asia Symbol 
Companies), a mandatory respondent, is also contained in the 
Preliminary Decision Memorandum.

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated a CVD rate for each individually investigated producer/
exporter of the subject merchandise. For companies not individually 
investigated, we calculated an all others rate as described below.
    We preliminarily determine the estimated countervailable subsidy 
rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Asia Symbol (Guangdong) Omya Minerals Co., Ltd. (AS                 5.82
 Omya), Asia Symbol (Shandong) Pulp & Paper Co., and
 Greenpoint Global Trading (Macao Commercial Offshore)
 Limted (Greenpoint) (collectively, the Asia Symbol
 Companies).............................................
Sun Paper (Hong Kong) Co., Ltd. (Sun Paper HK) and                126.42
 Shandong Sun Paper Industry Joint Stock Co., Ltd.
 (Shandong Sun Paper) (collectively Sun Paper)..........
UPM Changshu (UPM)......................................          126.42
All Others..............................................            5.82
------------------------------------------------------------------------

    We are directing U.S. Customs and Border Protection (CBP) to 
suspend liquidation of all entries of uncoated paper from the PRC that 
are entered, or withdrawn from warehouse, for consumption on or after 
the date of the publication of this notice in the Federal Register, and 
to require a cash deposit for such entries of the merchandise in the 
amounts indicated above.
    In accordance with sections 703(d) and 705(c)(5)(A)(i) of the Act, 
for companies not investigated, we apply an estimated ``all-others'' 
rate equal to the weighted average countervailable subsidy rates 
established for exporters and producers individually investigated, 
excluding any zero and de minimis countervailable subsidy rates, and 
any rates determined entirely under section 776 of the Act. Thus, 
pursuant to the statute, we set the all others rate equal to the net 
subsidy rate of the Asia Symbol Companies.

Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by the respondents prior to making our final 
determination.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\6\ 
Interested parties may submit case and rebuttal briefs. For a schedule 
of the deadlines for filing case briefs, rebuttal briefs, and hearing 
requests, see the Preliminary Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order, without the written consent 
of the Assistant Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: June 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix 1--Scope of the Investigation

    The merchandise covered by these investigations 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 \7\ 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).
---------------------------------------------------------------------------

    \7\ 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 groundwood 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.

[[Page 36970]]

    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.
    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 investigations is dispositive.

Appendix 2--List of Topics Discussed in the Preliminary Issues and 
Decision Memorandum

I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Application of Countervailing Duty Law to Imports from the PRC
VIII. Subsidies Valuation
IX. Benchmark and Discount Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Conclusion
Appendix

[FR Doc. 2015-15891 Filed 6-26-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  36968                          Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices

                                                  sites: Site 1 (524 acres)—Red River                     DEPARTMENT OF COMMERCE                                 FOR FURTHER INFORMATION CONTACT:
                                                  Commerce Park located approximately                                                                            Patricia Tran or Joy Zhang, Office III,
                                                  18 miles west of Texarkana and the                      Foreign-Trade Zones Board                              AD/CVD Operations, Enforcement and
                                                  Texas-Arkansas border in Bowie                                                                                 Compliance, International Trade
                                                                                                          [B–11–2015]                                            Administration, U.S. Department of
                                                  County; and, Site 2 (160 acres)—City of
                                                  Nash Industrial Park located                                                                                   Commerce, 14th Street and Constitution
                                                                                                          Foreign-Trade Zone 168—Dallas/Fort
                                                  approximately 15 miles west of                                                                                 Avenue NW., Washington, DC 20230;
                                                                                                          Worth, Texas; Authorization of
                                                  Texarkana and the Texas-Arkansas                                                                               telephone: (202) 482–1503 and (202)
                                                                                                          Production Activity; Samsung
                                                  border in Bowie County.                                                                                        482–1168, respectively.
                                                                                                          Electronics America, Inc.; (Kitting of
                                                     The grantee’s proposed service area                  Mobile Phones and Tablet Computers);                   Alignment of Final Countervailing Duty
                                                  under the ASF would be a portion of                     Coppell, Texas                                         (CVD) Determination With Final
                                                  Bowie County, Texas, as described in                                                                           Antidumping Duty (AD) Determination
                                                                                                            On February 20, 2015, the Metroplex
                                                  the application. If approved, the grantee               International Trade Development                           On the same day that the Department
                                                  would be able to serve sites throughout                 Corporation, grantee of FTZ 168,                       initiated this CVD investigation, the
                                                  the service area based on companies’                    submitted a notification of proposed                   Department also initiated a CVD
                                                  needs for FTZ designation. The                          production activity to the Foreign-Trade               investigation of uncoated paper from
                                                  proposed service area is adjacent to the                Zones (FTZ) Board on behalf of                         Indonesia and AD investigations of
                                                  Shreveport-Bossier City Customs and                     Samsung Electronics America, Inc,                      uncoated paper from Australia, Brazil,
                                                  Border Protection port of entry.                        within Site 9, in Coppell, Texas.                      the PRC, Indonesia, and Portugal.1 The
                                                     The applicant is requesting authority                  The notification was processed in                    AD and CVD investigations cover the
                                                  to reorganize its existing zone to include              accordance with the regulations of the                 same merchandise. On June 17, 2015, in
                                                  all of the existing sites as ‘‘magnet’’                 FTZ Board (15 CFR part 400), including                 accordance with section 705(a)(1) of the
                                                  sites. The ASF allows for the possible                  notice in the Federal Register inviting                Tariff Act of 1930, as amended (the Act)
                                                  exemption of one magnet site from the                   public comment (80 FR 10456, 2–26–                     and 19 CFR 351.210(b)(4)(i),
                                                  ‘‘sunset’’ time limits that generally                   2015). The FTZ Board has determined                    Petitioners 2 requested alignment of the
                                                  apply to sites under the ASF, and the                   that no further review of the activity is              final CVD determination with the final
                                                  applicant proposes that Site 1 be so                    warranted at this time. The production                 AD determination of uncoated paper
                                                  exempted. No subzones/usage-driven                      activity described in the notification is              from the PRC.3 Therefore, in accordance
                                                  sites are being requested at this time.                 authorized, subject to the FTZ Act and                 with section 705(a)(1) of the Act and 19
                                                                                                          the Board’s regulations, including                     CFR 351.210(b)(4)(i), we are aligning the
                                                     In accordance with the FTZ Board’s                   Section 400.14.                                        final CVD determination with the final
                                                  regulations, Camille Evans of the FTZ                                                                          AD determination. Consequently, the
                                                  Staff is designated examiner to evaluate                  Dated: June 22, 2015.
                                                                                                                                                                 final CVD determination will be issued
                                                  and analyze the facts and information                   Elizabeth Whiteman,
                                                                                                                                                                 on the same date as the final AD
                                                  presented in the application and case                   Acting Executive Secretary.
                                                                                                                                                                 determination, which is currently
                                                  record and to report findings and                       [FR Doc. 2015–15795 Filed 6–26–15; 8:45 am]            scheduled to be issued no later than
                                                  recommendations to the FTZ Board.                       BILLING CODE 3510–DS–P                                 November 2, 2015, unless postponed.
                                                     Public comment is invited from                                                                              Scope of the Investigation
                                                  interested parties. Submissions shall be                DEPARTMENT OF COMMERCE
                                                  addressed to the FTZ Board’s Executive                                                                            The product covered by this
                                                  Secretary at the address below. The                     International Trade Administration                     investigation is uncoated paper from the
                                                  closing period for their receipt is August                                                                     PRC. For a complete description of the
                                                  28, 2015. Rebuttal comments in                          [C–570–023]                                            scope of the investigation, see Appendix
                                                  response to material submitted during                                                                          1 to this notice.
                                                  the foregoing period may be submitted                   Certain Uncoated Paper From the
                                                                                                          People’s Republic of China:                            Methodology
                                                  during the subsequent 15-day period to
                                                                                                          Preliminary Affirmative Countervailing                   The Department is conducting this
                                                  September 14, 2015.
                                                                                                          Duty Determination and Alignment of                    CVD investigation in accordance with
                                                     A copy of the application will be                    Final Determination With Final                         section 701 of the Act. For a full
                                                  available for public inspection at the                  Antidumping Duty Determination                         description of the methodology
                                                  Office of the Executive Secretary,                                                                             underlying our preliminary conclusions,
                                                  Foreign-Trade Zones Board, Room                         AGENCY:  Enforcement and Compliance,
                                                                                                                                                                 see the Preliminary Issues and Decision
                                                  21013, U.S. Department of Commerce,                     International Trade Administration,
                                                  1401 Constitution Avenue NW.,                           Department of Commerce.                                  1 See Certain Uncoated Paper From the People’s

                                                  Washington, DC 20230–0002, and in the                   SUMMARY: The Department of Commerce                    Republic of China and Indonesia: Initiation of
                                                  ‘‘Reading Room’’ section of the FTZ                     (the Department) preliminarily                         Countervailing Duty Investigations, 80 FR 8598
                                                                                                          determines that countervailable                        (February 18, 2015); and Certain Uncoated Paper
                                                  Board’s Web site, which is accessible                                                                          From Australia, Brazil, the People’s Republic of
                                                  via www.trade.gov/ftz. For further                      subsidies are being provided to                        China, Indonesia, and Portugal: Initiation of Less-
                                                  information, contact Camille Evans at                   producers and exporters of certain                     Than-Fair-Value Investigations, 80 FR 8608
                                                  Camille.Evans@trade.gov or (202) 482–                   uncoated paper (uncoated paper) from                   (February 18, 2015).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  2350.                                                   the People’s Republic of China (PRC).                    2 Petitioners are United Steel, Paper and Forestry,

                                                                                                          The period of investigation is January 1,              Rubber, Manufacturing, Energy, Allied Industrial
                                                    Dated: June 22, 2015.                                                                                        and Service Workers International Union; Domtar
                                                                                                          2014, through December 31, 2014.                       Corporation; Finch Paper LLC; P.H. Glatfelter
                                                  Elizabeth Whiteman,                                     Interested parties are invited to                      Company; and Packaging Corporation of America
                                                  Acting Executive Secretary.                             comment on this preliminary                            (collectively, Petitioners).
                                                                                                                                                                   3 See Letter from Petitioners regarding ‘‘Certain
                                                  [FR Doc. 2015–15797 Filed 6–26–15; 8:45 am]             determination.
                                                                                                                                                                 Uncoated Paper from People’s Republic of China:
                                                  BILLING CODE 3510–DS–P                                  DATES:   Effective Date: June 29, 2015.                Request for Alignment’’ (June 17, 2015).



                                             VerDate Sep<11>2014   17:13 Jun 26, 2015   Jkt 235001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\29JNN1.SGM   29JNN1


                                                                                 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices                                                              36969

                                                  Memorandum.4 The Preliminary Issues                     investigated producer/exporter of the                          deadlines for filing case briefs, rebuttal
                                                  and Decision Memorandum is a public                     subject merchandise. For companies not                         briefs, and hearing requests, see the
                                                  document and is on file electronically                  individually investigated, we calculated                       Preliminary Issues and Decision
                                                  via Enforcement and Compliance’s                        an all others rate as described below.                         Memorandum.
                                                  Antidumping and Countervailing Duty                       We preliminarily determine the
                                                                                                                                                                         U.S. International Trade Commission
                                                  Centralized Electronic Service System                   estimated countervailable subsidy rates
                                                                                                                                                                         (ITC) Notification
                                                  (ACCESS). ACCESS is available to                        to be:
                                                  registered users at http://                                                                                               In accordance with section 703(f) of
                                                  access.trade.gov and is available to all                              Company                          Subsidy rate    the Act, we will notify the ITC of our
                                                  parties in the Central Records Unit,                                                                    (percent)      determination. In addition, we are
                                                  room B8024 of the main Department of                                                                                   making available to the ITC all non-
                                                                                                          Asia Symbol (Guangdong)
                                                  Commerce building. In addition, a                                                                                      privileged and non-proprietary
                                                                                                            Omya Minerals Co., Ltd.
                                                  complete version of the Preliminary                       (AS Omya), Asia Symbol                                       information relating to this
                                                  Issues and Decision Memorandum can                        (Shandong) Pulp & Paper                                      investigation. We will allow the ITC
                                                  be accessed directly on the Internet at                   Co., and Greenpoint Glob-                                    access to all privileged and business
                                                  http://enforcement.trade.gov/frn/                         al Trading (Macao Com-                                       proprietary information in our files,
                                                  index.html. The signed Preliminary                        mercial Offshore) Limted                                     provided the ITC confirms that it will
                                                  Issues and Decision Memorandum and                        (Greenpoint) (collectively,                                  not disclose such information, either
                                                  the electronic version of the Preliminary                 the Asia Symbol Compa-                                       publicly or under an administrative
                                                  Issues and Decision Memorandum are                        nies) ..................................              5.82   protective order, without the written
                                                                                                          Sun Paper (Hong Kong) Co.,
                                                  identical in content.                                                                                                  consent of the Assistant Secretary for
                                                                                                            Ltd. (Sun Paper HK) and
                                                     For this preliminary determination,                    Shandong Sun Paper In-                                       Enforcement and Compliance.
                                                  we have relied on facts available for Sun                 dustry Joint Stock Co., Ltd.                                    In accordance with section 705(b)(2)
                                                  Paper (Hong Kong) Co., Ltd. (Sun Paper                    (Shandong Sun Paper)                                         of the Act, if our final determination is
                                                  HK) and Shandong Sun Paper Industry                       (collectively Sun Paper) ....                      126.42    affirmative, the ITC will make its final
                                                  Joint Stock Co., Ltd. (Shandong Sun                     UPM Changshu (UPM) .........                         126.42    determination within 45 days after the
                                                  Paper) (collectively Sun Paper), and                    All Others ..............................              5.82    Department makes its final
                                                  UPM Changshu (UPM), mandatory                                                                                          determination.
                                                  respondents, because the companies did                     We are directing U.S. Customs and                              This determination is issued and
                                                  not act to the best of their ability and                Border Protection (CBP) to suspend                             published pursuant to sections 703(f)
                                                  respond to the Department’s requests for                liquidation of all entries of uncoated                         and 777(i) of the Act and 19 CFR
                                                  information. Further, we have drawn an                  paper from the PRC that are entered, or                        351.205(c).
                                                  adverse inference in selecting from                     withdrawn from warehouse, for                                    Dated: June 22, 2015.
                                                  among the facts otherwise available to                  consumption on or after the date of the                        Paul Piquado,
                                                  calculate the ad valorem rate for Sun                   publication of this notice in the Federal
                                                                                                                                                                         Assistant Secretary for Enforcement and
                                                  Paper and UPM.5 We have also relied on                  Register, and to require a cash deposit                        Compliance.
                                                  facts available, with adverse inferences,               for such entries of the merchandise in
                                                  with respect to certain information                     the amounts indicated above.                                   Appendix 1—Scope of the Investigation
                                                  requested of the Government of China.                      In accordance with sections 703(d)                             The merchandise covered by these
                                                  For further information, see ‘‘Use of                   and 705(c)(5)(A)(i) of the Act, for                            investigations includes uncoated paper in
                                                  Facts Otherwise Available and Adverse                   companies not investigated, we apply                           sheet form; weighing at least 40 grams per
                                                  Inferences’’ in the Preliminary Decision                an estimated ‘‘all-others’’ rate equal to                      square meter but not more than 150 grams
                                                  Memorandum.                                             the weighted average countervailable                           per square meter; that either is a white paper
                                                     The Department’s analysis of program                 subsidy rates established for exporters                        with a GE brightness level 7 of 85 or higher
                                                  usage by Asia Symbol (Guangdong)                        and producers individually                                     or is a colored paper; whether or not surface-
                                                  Omya Minerals Co., Ltd. (AS Omya),                                                                                     decorated, printed (except as described
                                                                                                          investigated, excluding any zero and de
                                                                                                                                                                         below), embossed, perforated, or punched;
                                                  Asia Symbol (Shandong) Pulp & Paper                     minimis countervailable subsidy rates,                         irrespective of the smoothness of the surface;
                                                  Co., and Greenpoint Global Trading                      and any rates determined entirely under                        and irrespective of dimensions (Certain
                                                  (Macao Commercial Offshore) Limted                      section 776 of the Act. Thus, pursuant                         Uncoated Paper).
                                                  (Greenpoint) (collectively, the Asia                    to the statute, we set the all others rate                        Certain Uncoated Paper includes (a)
                                                  Symbol Companies), a mandatory                          equal to the net subsidy rate of the Asia                      uncoated free sheet paper that meets this
                                                  respondent, is also contained in the                    Symbol Companies.                                              scope definition; (b) uncoated groundwood
                                                  Preliminary Decision Memorandum.                                                                                       paper produced from bleached chemi-
                                                                                                          Verification                                                   thermo-mechanical pulp (BCTMP) that meets
                                                  Preliminary Determination and                                                                                          this scope definition; and (c) any other
                                                                                                            As provided in section 782(i)(1) of the
                                                  Suspension of Liquidation                                                                                              uncoated paper that meets this scope
                                                                                                          Act, we intend to verify the information                       definition regardless of the type of pulp used
                                                    In accordance with section                            submitted by the respondents prior to                          to produce the paper.
                                                  703(d)(1)(A)(i) of the Act, we calculated               making our final determination.
                                                  a CVD rate for each individually                                                                                          7 One of the key measurements of any grade of
                                                                                                          Disclosure and Public Comment
                                                                                                                                                                         paper is brightness. Generally speaking, the brighter
                                                    4 See Memorandum from Christian Marsh, Deputy
                                                                                                            The Department intends to disclose to                        the paper the better the contrast between the paper
                                                  Assistant Secretary for Antidumping and                                                                                and the ink. Brightness is measured using a GE
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          interested parties the calculations
                                                  Countervailing Duty Operations, to Paul Piquado,                                                                       Reflectance Scale, which measures the reflection of
                                                  Assistant Secretary for Enforcement and                 performed in connection with this                              light off a grade of paper. One is the lowest
                                                  Compliance regarding ‘‘Decision Memorandum for          preliminary determination within five                          reflection, or what would be given to a totally black
                                                  the Preliminary Determination in the                    days of its public announcement.6                              grade, and 100 is the brightest measured grade.
                                                  Countervailing Duty Investigation of Certain            Interested parties may submit case and                         ‘‘Colored paper’’ as used in this scope definition
                                                  Uncoated Ppaer from the People’s Republic of                                                                           means a paper with a hue other than white that
                                                  China,’’ dated concurrently with this notice            rebuttal briefs. For a schedule of the                         reflects one of the primary colors of magenta,
                                                  (Preliminary Issues and Decision Memorandum).                                                                          yellow, and cyan (red, yellow, and blue) or a
                                                    5 See sections 776(a) and (b) of the Act.               6 See   19 CFR 351.224(b).                                   combination of such primary colors.



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                                                  36970                          Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices

                                                    Specifically excluded from the scope are              January 28, 2015.1 The period of review                1604.19.2100, 1604.19.3000,
                                                  (1) paper printed with final content of                 (‘‘POR’’) is August 1, 2013, through                   1604.19.3100, 1604.19.4000,
                                                  printed text or graphics and (2) lined paper            January 31, 2014. As discussed below,                  1604.19.4100, 1604.19.5000,
                                                  products, typically school supplies,                    we preliminarily found that the sales                  1604.19.5100, 1604.19.6100 and
                                                  composed of paper that incorporates straight
                                                  horizontal and/or vertical lines that would
                                                                                                          made by Nam Phuong Seafood Co., Ltd.                   1604.19.8100 (Frozen Fish Fillets of the
                                                  make the paper unsuitable for copying or                (‘‘Nam Phuong’’) and NTACO                             species Pangasius including basa and
                                                  printing purposes.                                      Corporation (‘‘NTACO’’) were non-bona                  tra) of the Harmonized Tariff Schedule
                                                    Imports of the subject merchandise are                fide, and announced our preliminary                    of the United States (‘‘HTSUS’’).3
                                                  provided for under Harmonized Tariff                    intent to rescind their NSRs. For the                  Although the HTSUS subheading is
                                                  Schedule of the United States (HTSUS)                   final results of this review, we continue              provided for convenience and customs
                                                  categories 4802.56.1000, 4802.56.2000,                  to find Nam Phuong’s and NTACO’s                       purposes, our written description of the
                                                  4802.56.3000, 4802.56.4000, 4802.56.6000,               sales to be non-bona fide. Therefore, we               scope of the order is dispositive.
                                                  4802.56.7020, 4802.56.7040, 4802.57.1000,               are rescinding these two NSRs.                            For a full description of the scope, see
                                                  4802.57.2000, 4802.57.3000, and                                                                                ‘‘Certain Frozen Fish Fillets from the
                                                  4802.57.4000. Some imports of subject                   DATES: Effective date June 29, 2015.
                                                                                                                                                                 Socialist Republic of Vietnam: Issues
                                                  merchandise may also be classified under                FOR FURTHER INFORMATION CONTACT:
                                                  4802.62.1000, 4802.62.2000, 4802.62.3000,
                                                                                                                                                                 and Decision Memorandum for the
                                                                                                          Matthew Renkey (Nam Phuong) or                         Final Results of New Shipper Review,’’
                                                  4802.62.5000, 4802.62.6020, 4802.62.6040,               Susan Pulongbarit (NTACO), AD/CVD
                                                  4802.69.1000, 4802.69.2000, 4802.69.3000,                                                                      dated concurrently with this notice
                                                                                                          Operations, Office V, Enforcement and                  (‘‘I&D Memo’’).
                                                  4811.90.8050 and 4811.90.9080. While
                                                  HTSUS subheadings are provided for
                                                                                                          Compliance, International Trade
                                                                                                          Administration, U.S. Department of                     Analysis of Comments Received
                                                  convenience and customs purposes, the
                                                  written description of the scope of the                 Commerce, 14th Street and Constitution                    All issues raised in the case and
                                                  investigations is dispositive.                          Avenue NW., Washington, DC 20230;                      rebuttal briefs by parties are addressed
                                                                                                          telephone: (202) 482–2312 or (202) 482–                in the I&D Memo, which is hereby
                                                  Appendix 2—List of Topics Discussed                     4031, respectively.                                    adopted by this Notice.4 A list of the
                                                  in the Preliminary Issues and Decision
                                                                                                          SUPPLEMENTARY INFORMATION:                             issues which parties raised is attached
                                                  Memorandum
                                                                                                                                                                 to this notice as an Appendix. The I&D
                                                  I. Summary                                              Background                                             Memo is a public document and is on
                                                  II. Background                                            As noted above, on January 28, 2015,                 file in the Central Records Unit
                                                  III. Alignment                                          the Department published the                           (‘‘CRU’’), Room B8024 of the main
                                                  IV. Scope Comments                                                                                             Department of Commerce building, as
                                                                                                          Preliminary Rescission of these NSRs.
                                                  V. Scope of the Investigation
                                                  VI. Injury Test                                         Thereafter, the Department extended the                well as electronically via Enforcement
                                                  VII. Application of Countervailing Duty Law             time period for issuing the final results              and Compliance’s Antidumping and
                                                        to Imports from the PRC                           to June 19, 2015.2 On February 27, 2015,               Countervailing Duty Centralized
                                                  VIII. Subsidies Valuation                               the Department received case briefs                    Electronic Service System (‘‘ACCESS’’).
                                                  IX. Benchmark and Discount Rates                        from Nam Phuong and NTACO. On                          ACCESS is available to registered users
                                                  X. Use of Facts Otherwise Available and                 March 12, 2015, the Department                         at http://access.trade.gov and in the
                                                        Adverse Inferences                                received rebuttal briefs from the Catfish              CRU. In addition, a complete version of
                                                  XI. Analysis of Programs                                Farmers of America and individual U.S.                 the I&D Memo can be accessed directly
                                                  XII. ITC Notification                                   catfish processors (‘‘Petitioners’’).                  on the internet at http://trade.gov/
                                                  XIII. Disclosure and Public Comment                                                                            enforcement/frn/index.html. The signed
                                                  XIV. Verification                                       Scope of the Order
                                                  XV. Conclusion
                                                                                                                                                                 I&D Memo and the electronic versions
                                                  Appendix                                                   The product covered by the order is                 of the I&D Memo are identical in
                                                                                                          frozen fish fillets, including regular,                content.
                                                  [FR Doc. 2015–15891 Filed 6–26–15; 8:45 am]
                                                                                                          shank, and strip fillets and portions                  Bona Fide Analysis
                                                  BILLING CODE 3510–DS–P
                                                                                                          thereof, whether or not breaded or
                                                                                                          marinated, of the species Pangasius                      For the Preliminary Rescission, the
                                                                                                          Bocourti, Pangasius Hypophthalmus                      Department analyzed the bona fides of
                                                  DEPARTMENT OF COMMERCE
                                                                                                          (also known as Pangasius Pangasius)
                                                                                                                                                                    3 Until July 1, 2004, these products were
                                                  International Trade Administration                      and Pangasius Micronemus. These
                                                                                                                                                                 classifiable under HTSUS 0304.20.6030 (Frozen
                                                                                                          products are classifiable under tariff                 Catfish Fillets), 0304.20.6096 (Frozen Fish Fillets,
                                                                                                          article codes 0304.29.6033,                            NESOI), 0304.20.6043 (Frozen Freshwater Fish
                                                  [A–552–801]                                                                                                    Fillets) and 0304.20.6057 (Frozen Sole Fillets).
                                                                                                          0304.62.0020, 0305.59.0000,
                                                                                                                                                                 Until February 1, 2007, these products were
                                                  Certain Frozen Fish Fillets From the                    0305.59.4000, 1604.19.2000,                            classifiable under HTSUS 0304.20.6033 (Frozen
                                                  Socialist Republic of Vietnam:                             1 See Certain Frozen Fish Fillets From the
                                                                                                                                                                 Fish Fillets of the species Pangasius, including basa
                                                  Rescission of Antidumping Duty New                                                                             and tra). On March 2, 2011, the Department added
                                                                                                          Socialist Republic of Vietnam: Preliminary Intent      two HTSUS numbers at the request of U.S. Customs
                                                  Shipper Reviews; 2013–2014                              To Rescind Antidumping Duty New Shipper                and Border Protection (‘‘CBP’’): 1604.19.2000 and
                                                                                                          Reviews; 2013–2014, 80 FR 4544 (January 28, 2015)      1604 19.3000. On January 30, 2012, the Department
                                                  AGENCY:  Enforcement and Compliance,                    (‘‘Preliminary Rescission’’).                          added eight HTSUS numbers at the request of CBP:
                                                  International Trade Administration,                        2 See Memorandum to Gary Taverman, Associate        0304.62.0020, 0305.59.0000, 1604.19.2100,
                                                                                                          Deputy Assistant Secretary for Antidumping and         1604.19.3100, 1604.19.4100, 1604.19.5100,
                                                  Department of Commerce.                                                                                        1604.19.6100 and 1604.19.8100.
                                                                                                          Countervailing Duty Operations, through James C.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  SUMMARY:   The Department of Commerce                   Doyle, Director, Office V, Antidumping and                4 See Memorandum to Paul Piquado, Assistant

                                                                                                          Countervailing Duty Operations, from Susan S.          Secretary for Enforcement & Compliance, from Gary
                                                  (‘‘Department’’) published its                          Pulongbarit, Senior International Trade Analyst,       Taverman, Associate Deputy Assistant Secretary for
                                                  Preliminary Rescission for two new                      Office V, Antidumping and Countervailing Duty          Antidumping and Countervailing Duty Operations,
                                                  shipper reviews (‘‘NSRs’’) of the                       Operations, regarding Certain Frozen Fish Fillets      ‘‘Issues and Decision Memorandum for the Final
                                                  antidumping duty order on certain                       from the Socialist Republic of Vietnam: Extension      Results of Antidumping Duty New Shipper
                                                                                                          of Deadline for Final Results of Antidumping Duty      Reviews: Certain Frozen Fish Fillets from the
                                                  frozen fish fillets from the Socialist                  New Shipper Reviews of Nam Phuong Seafood Co.,         Socialist Republic of Vietnam,’’ dated June 19,
                                                  Republic of Vietnam (‘‘Vietnam’’) on                    Ltd. and NTACO Corporation, dated April 6, 2015.       2015.



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Document Created: 2015-12-15 14:25:00
Document Modified: 2015-12-15 14:25:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactPatricia Tran or Joy Zhang, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1503 and (202) 482-1168, respectively.
FR Citation80 FR 36968 

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