80_FR_37095 80 FR 36971 - Certain Uncoated Paper From Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination

80 FR 36971 - Certain Uncoated Paper From Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range36971-36973
FR Document2015-15901

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and/or exporters of certain uncoated paper from Indonesia. 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 36971-36973]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15901]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-829]


Certain Uncoated Paper From Indonesia: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final Determination 
With Final Antidumping 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/or exporters of certain uncoated paper from Indonesia. 
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: David Goldberger or Kate Johnson, 
Office II, 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-
4136 and (202) 482-4929, 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 
certain uncoated paper from the People's Republic of China (PRC) and AD 
investigations of certain 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), the petitioners \2\ requested alignment of the final 
CVD determination with the final AD determination of certain uncoated

[[Page 36972]]

paper from Indonesia.\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\ The 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.
    \3\ See Letter from the petitioners regarding ``Petitioners' 
Request for Alignment of Countervailing Duty Investigation Final 
Determination Deadline with Antidumping Investigation Final 
Determination Deadline'' (June 17, 2015).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is certain uncoated paper 
from Indonesia. 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 Decision 
Memorandum.\4\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix 2 to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at 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 Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary 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 Affirmative 
Countervailing Duty Determination in the Countervailing Duty 
Investigation of Certain Uncoated Paper from Indonesia,'' dated 
concurrently with this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    For this preliminary determination, we relied on facts available 
pursuant to section 776(a) of the Act because certain companies 
selected for individual examination--Great Champ Trading Limited (Great 
Champ), Indah Kiat Pulp & Paper TBK (IK), and Pabrik Kertas Tjiwi Kimia 
(TK)--failed to provide information requested by the Department within 
the deadlines established and, by refusing to participate as 
respondents, significantly impeded the investigation.5 In 
addition, the Government of Indonesia (GOI) did not provide requested 
information with respect to certain programs upon which we initiated an 
investigation, thereby also resulting in the Department's reliance on 
facts otherwise available, pursuant to section 776(a). Because the GOI 
did not provide the information requested for certain programs, with 
respect to those programs, we drew an adverse inference that these 
programs provide a financial contribution and are specific, pursuant to 
sections 771(5)(D) and 771(5A) of the Act. Because Great Champ, IK, and 
TK failed to cooperate by not acting to the best of their ability to 
respond to the Department's requests for necessary information, 
pursuant to section 776(b) of the Act, in selecting from among the 
facts otherwise available, we drew an adverse inference that these 
programs confer a benefit. Therefore, the Department applied an adverse 
inference in its calculation of the ad valorem estimated 
countervailable subsidy rate for Great Champ, IK, and TK. For further 
information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' section 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. In accordance with sections 703(d) 
and 705(c)(5)(A)(i) of the Act, for companies not individually 
investigated, we apply an ``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. Therefore, we used the rate calculated for our 
sole cooperating respondent as the all-others rate.
    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
APRIL Fine Paper Macao Commercial Offshore Limited, PT             43.19
 Anugrah Kertas Utama, PT Riau Andalan Kertas, PT
 Intiguna Primatama, PT Riau Andalan Pulp & Paper, PT
 Esensindo Cipta Cemerlang..............................
Great Champ Trading Limited.............................          125.97
Indah Kiat Pulp & Paper TBK, Pabrik Kertas Tjiwi Kimia..      \6\ 131.12
All Others..............................................           43.19
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
are directing U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of certain uncoated paper from Indonesia 
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 merchandise 
in the amounts indicated above.
---------------------------------------------------------------------------

    \5\ See sections 776(a)(2)(A)(B), and (C) of the Act.
    \6\ We are also assigning to PT Pindo Deli Pulp and Paper Mills 
the rate assigned to IK and TK. For further discussion, see the 
Memorandum to the File, ``Cross-Ownership: Countervailing Duty 
Investigation of Uncoated Paper from Indonesia,'' dated concurrently 
with this notice.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by the respondent 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.\7\ 
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 Decision Memorandum.
---------------------------------------------------------------------------

    \7\ 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

[[Page 36973]]

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.

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

Appendix 1--Scope of the Investigation

    The merchandise covered by this investigation 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 \1\ 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).
---------------------------------------------------------------------------

    \1\ 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.
    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 investigation is dispositive.

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

1. Summary
2. Background
3. Alignment
4. Scope Comments
5. Scope of the Investigation
6. Injury Test
7. Use of Facts Otherwise Available and Adverse Inference
8. Subsidies Valuation
9. Analysis of Programs
10. ITC Notification
11. Disclosure and Public Comment
12. Verification
13. Conclusion

[FR Doc. 2015-15901 Filed 6-26-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices                                                    36971

                                                  Nam Phuong’s and NTACO’s sales and                      the Vietnam-wide rate (i.e., 2.39 U.S.                 DEPARTMENT OF COMMERCE
                                                  preliminarily found them to be non-                     Dollars/kg); (2) for subject merchandise
                                                  bona fide.5 Based on the Department’s                   exported by Nam Phuong or NTACO but                    International Trade Administration
                                                  complete analysis of all the information                not manufactured by Nam Phuong or                      [C–560–829]
                                                  and comments on the record of this                      NTACO, the cash deposit rate will
                                                  review, the Department continues to                     continue to be the Vietnam-wide rate                   Certain Uncoated Paper From
                                                  find their sales to be non-bona fide.                   (i.e., 2.39 U.S. Dollars/kg); and (3) for              Indonesia: Preliminary Affirmative
                                                  With respect to both Nam Phuong and                     subject merchandise manufactured by                    Countervailing Duty Determination and
                                                  NTACO, the Department reached this                      Nam Phuong or NTACO, but exported                      Alignment of Final Determination With
                                                  conclusion based on the totality of                                                                            Final Antidumping Determination
                                                                                                          by any other party, the cash deposit rate
                                                  circumstances, namely: (a) The atypical
                                                                                                          will be the rate applicable to the                     AGENCY:   Enforcement and Compliance,
                                                  nature of their prices; (b) the atypical
                                                  involvement of other entities in the sale;              exporter. These cash deposit                           International Trade Administration,
                                                  (c) atypical circumstances surrounding                  requirements shall remain in effect until              Department of Commerce.
                                                  production; (d) late payment; and (e)                   further notice.                                        SUMMARY: The Department of Commerce
                                                  lack of profit on the resale of subject                 Administrative Protective Order                        (the Department) preliminarily
                                                  merchandise.6 For a complete                                                                                   determines that countervailable
                                                  discussion, see the I&D Memo and each                     This notice also serves as a reminder                subsidies are being provided to
                                                  company’s Final Bona Fide                               to parties subject to Administrative                   producers and/or exporters of certain
                                                  Memorandum.7                                            Protective Order (‘‘APO’’) of their                    uncoated paper from Indonesia. The
                                                                                                          responsibility concerning the return or                period of investigation is January 1,
                                                  Rescission of New Shipper Review                                                                               2014, through December 31, 2014.
                                                                                                          destruction of proprietary information
                                                    For the foregoing reasons, the                        disclosed under APO in accordance                      Interested parties are invited to
                                                  Department finds that Nam Phuong’s                                                                             comment on this preliminary
                                                                                                          with 19 CFR 351.305, which continues
                                                  and NTACO’s sales are non-bona fide                                                                            determination.
                                                                                                          to govern business proprietary
                                                  and that these sales do not provide a                                                                          DATES: Effective Date: June 29, 2015.
                                                  reasonable or reliable basis for                        information in these segments of the
                                                                                                          proceeding. Timely written notification                FOR FURTHER INFORMATION CONTACT:
                                                  calculating a dumping margin. Because
                                                                                                          of the return or destruction of APO                    David Goldberger or Kate Johnson,
                                                  these non-bona fide sales were the only
                                                                                                          materials, or conversion to judicial                   Office II, AD/CVD Operations,
                                                  sales of subject merchandise during the
                                                                                                          protective order, is hereby requested.                 Enforcement and Compliance,
                                                  POR, the Department is rescinding this
                                                                                                          Failure to comply with the regulations                 International Trade Administration,
                                                  NSR pursuant to section 19 CFR
                                                                                                          and terms of an APO is a violation                     U.S. Department of Commerce, 14th
                                                  351.214(f).
                                                                                                                                                                 Street and Constitution Avenue NW.,
                                                                                                          which is subject to sanction.
                                                  Cash Deposit Rates                                                                                             Washington, DC 20230; telephone: (202)
                                                                                                            We are issuing and publishing this                   482–4136 and (202) 482–4929,
                                                    The following cash deposit
                                                                                                          notice in accordance with sections                     respectively.
                                                  requirements continue to apply for all
                                                                                                          751(a)(2)(B) and 777(i) of the Tariff Act
                                                  shipment of subject merchandise from                                                                           Alignment of Final Countervailing Duty
                                                  Nam Phuong and NTACO entered, or                        of 1930, as amended, and 19 CFR
                                                                                                                                                                 (CVD) Determination With Final
                                                  withdrawn from warehouse: (1) For                       351.214.
                                                                                                                                                                 Antidumping Duty (AD) Determination
                                                  subject merchandise produced and                          Dated: June 18, 2015.
                                                                                                                                                                    On the same day that the Department
                                                  exported by Nam Phuong or NTACO,                        Paul Piquado,                                          initiated this CVD investigation, the
                                                  the cash deposit rate will continue to be               Assistant Secretary for Enforcement and                Department also initiated a CVD
                                                                                                          Compliance.                                            investigation of certain uncoated paper
                                                    5 See ‘‘Decision Memorandum for Preliminary

                                                  Results of Antidumping Duty New Shipper Review:         Appendix—Issues and Decision                           from the People’s Republic of China
                                                  Certain Frozen Fish Fillets from the Socialist                                                                 (PRC) and AD investigations of certain
                                                  Republic of Vietnam’’ from Gary Taverman,
                                                                                                          Memorandum
                                                                                                                                                                 uncoated paper from Australia, Brazil,
                                                  Associate Deputy Assistant Secretary for
                                                  Antidumping and Countervailing Duty Operations
                                                                                                          Summary                                                the PRC, Indonesia, and Portugal.1 The
                                                  to Paul Piquado, Assistant Secretary for                Background                                             AD and CVD investigations cover the
                                                  Enforcement and Compliance, dated January 20,           Scope of the Order                                     same merchandise. On June 17, 2015, in
                                                  2015 (‘‘Preliminary Decision Memorandum’’), and         Discussion of the Issues                               accordance with section 705(a)(1) of the
                                                  hereby adopted by this notice.                          Comment 1: Commerce’s Bona Fide Analysis
                                                    6 See I&D Memo.
                                                                                                                                                                 Tariff Act of 1930, as amended (the Act)
                                                    7 See Memorandum to James Doyle, Director,
                                                                                                              for Nam Phuong and NTACO                           and 19 CFR 351.210(b)(4)(i), the
                                                  Office V, Antidumping and Countervailing Duty           Comment 2: Surrogate Country Selection                 petitioners 2 requested alignment of the
                                                  Operations, through Scot T. Fullerton, Program              Recommendation                                     final CVD determination with the final
                                                  Manager, Office V, Antidumping and                      [FR Doc. 2015–15894 Filed 6–26–15; 8:45 am]            AD determination of certain uncoated
                                                  Countervailing Duty Operations, from Matthew
                                                  Renkey, Senior International Trade Analyst ‘‘New        BILLING CODE 3510–DS–P
                                                                                                                                                                   1 See Certain Uncoated Paper From the People’s
                                                  Shipper Review of Certain Frozen Fish Fillets from
                                                  the Socialist Republic of Vietnam: Final Analysis                                                              Republic of China and Indonesia: Initiation of
                                                  for the Bona Fide Nature of Nam Phuong Seafood                                                                 Countervailing Duty Investigations, 80 FR 8598
                                                  Co., Ltd.’s Sale,’’ dated June 19, 2015; see also                                                              (February 18, 2015); and Certain Uncoated Paper
                                                  Memorandum to James Doyle, Director, Office V,                                                                 From Australia, Brazil, the People’s Republic of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Antidumping and Countervailing Duty Operations,                                                                China, Indonesia, and Portugal: Initiation of Less-
                                                  through Scot T. Fullerton, Program Manager, Office                                                             Than-Fair-Value Investigations, 80 FR 8608
                                                  V, Antidumping and Countervailing Duty                                                                         (February 18, 2015).
                                                  Operations, from Susan Pulongbarit, Senior                                                                       2 The petitioners are United Steel, Paper and

                                                  International Trade Analyst ‘‘New Shipper Review                                                               Forestry, Rubber, Manufacturing, Energy, Allied
                                                  of Certain Frozen Fish Fillets from the Socialist                                                              Industrial and Service Workers International Union;
                                                  Republic of Vietnam: Final Analysis for the Bona                                                               Domtar Corporation; Finch Paper LLC; P.H.
                                                  Fide Nature of NTACO Corporations’s Sale,’’ dated                                                              Glatfelter Company; and Packaging Corporation of
                                                  June 19, 2015.                                                                                                 America.



                                             VerDate Sep<11>2014   17:13 Jun 26, 2015   Jkt 235001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\29JNN1.SGM   29JNN1


                                                  36972                          Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices

                                                  paper from Indonesia.3 Therefore, in                    Limited (Great Champ), Indah Kiat Pulp                                                               Subsidy rate
                                                                                                                                                                               Company
                                                  accordance with section 705(a)(1) of the                & Paper TBK (IK), and Pabrik Kertas                                                                   (percent)
                                                  Act and 19 CFR 351.210(b)(4)(i), we are                 Tjiwi Kimia (TK)—failed to provide
                                                  aligning the final CVD determination                                                                           APRIL Fine Paper Macao
                                                                                                          information requested by the
                                                  with the final AD determination.                                                                                 Commercial Offshore Lim-
                                                                                                          Department within the deadlines                          ited, PT Anugrah Kertas
                                                  Consequently, the final CVD                             established and, by refusing to                          Utama, PT Riau Andalan
                                                  determination will be issued on the                     participate as respondents, significantly                Kertas, PT Intiguna
                                                  same date as the final AD                               impeded the investigation.5 In addition,                 Primatama, PT Riau
                                                  determination, which is currently                       the Government of Indonesia (GOI) did                    Andalan Pulp & Paper, PT
                                                  scheduled to be issued no later than                                                                             Esensindo Cipta
                                                                                                          not provide requested information with
                                                  November 2, 2015, unless postponed.                                                                              Cemerlang .........................                43.19
                                                                                                          respect to certain programs upon which                 Great Champ Trading Lim-
                                                  Scope of the Investigation                              we initiated an investigation, thereby                   ited ....................................         125.97
                                                     The product covered by this                          also resulting in the Department’s                     Indah Kiat Pulp & Paper
                                                  investigation is certain uncoated paper                 reliance on facts otherwise available,                   TBK, Pabrik Kertas Tjiwi
                                                                                                                                                                   Kimia .................................          6 131.12
                                                  from Indonesia. For a complete                          pursuant to section 776(a). Because the
                                                                                                          GOI did not provide the information                    All Others ..............................            43.19
                                                  description of the scope of the
                                                  investigation, see Appendix 1 to this                   requested for certain programs, with
                                                                                                                                                                    Inaccordance with sections
                                                  notice.                                                 respect to those programs, we drew an                  703(d)(1)(B) and (d)(2) of the Act, we are
                                                  Methodology                                             adverse inference that these programs                  directing U.S. Customs and Border
                                                                                                          provide a financial contribution and are               Protection (CBP) to suspend liquidation
                                                     The Department is conducting this                    specific, pursuant to sections 771(5)(D)
                                                  CVD investigation in accordance with                                                                           of all entries of certain uncoated paper
                                                                                                          and 771(5A) of the Act. Because Great                  from Indonesia that are entered, or
                                                  section 701 of the Act. For a full
                                                                                                          Champ, IK, and TK failed to cooperate                  withdrawn from warehouse, for
                                                  description of the methodology
                                                                                                          by not acting to the best of their ability             consumption on or after the date of the
                                                  underlying our preliminary conclusions,
                                                  see the Preliminary Decision                            to respond to the Department’s requests                publication of this notice in the Federal
                                                  Memorandum.4 A list of topics                           for necessary information, pursuant to                 Register, and to require a cash deposit
                                                  discussed in the Preliminary Decision                   section 776(b) of the Act, in selecting                for such entries of merchandise in the
                                                  Memorandum is included as Appendix                      from among the facts otherwise                         amounts indicated above.
                                                  2 to this notice. The Preliminary                       available, we drew an adverse inference                Verification
                                                  Decision Memorandum is a public                         that these programs confer a benefit.
                                                                                                          Therefore, the Department applied an                     As provided in section 782(i)(1) of the
                                                  document and is on file electronically
                                                                                                          adverse inference in its calculation of                Act, we intend to verify the information
                                                  via Enforcement and Compliance’s
                                                                                                                                                                 submitted by the respondent prior to
                                                  Antidumping and Countervailing Duty                     the ad valorem estimated
                                                                                                                                                                 making our final determination.
                                                  Centralized Electronic Service System                   countervailable subsidy rate for Great
                                                  (ACCESS). ACCESS is available to                        Champ, IK, and TK. For further                         Disclosure and Public Comment
                                                  registered users at http://                             information, see ‘‘Use of Facts                          The Department intends to disclose to
                                                  access.trade.gov and is available to all                Otherwise Available and Adverse                        interested parties the calculations
                                                  parties in the Central Records Unit,                    Inferences’’ section in the Preliminary                performed in connection with this
                                                  Room B8024 of the main Department of                    Decision Memorandum.                                   preliminary determination within five
                                                  Commerce building. In addition, a                                                                              days of its public announcement.7
                                                  complete version of the Preliminary                     Preliminary Determination and
                                                                                                                                                                 Interested parties may submit case and
                                                  Decision Memorandum can be accessed                     Suspension of Liquidation
                                                                                                                                                                 rebuttal briefs. For a schedule of the
                                                  directly on the Internet at http://                                                                            deadlines for filing case briefs, rebuttal
                                                  enforcement.trade.gov/frn/index.html.                      In accordance with section
                                                                                                          703(d)(1)(A)(i) of the Act, we calculated              briefs, and hearing requests, see the
                                                  The signed Preliminary Decision                                                                                Preliminary Decision Memorandum.
                                                  Memorandum and the electronic                           a CVD rate for each individually
                                                  version of the Preliminary Decision                     investigated producer/exporter of the                  U.S. International Trade Commission
                                                  Memorandum are identical in content.                    subject merchandise. In accordance                     (ITC) Notification
                                                     For this preliminary determination,                  with sections 703(d) and 705(c)(5)(A)(i)                 In accordance with section 703(f) of
                                                  we relied on facts available pursuant to                of the Act, for companies not                          the Act, we will notify the ITC of our
                                                  section 776(a) of the Act because certain               individually investigated, we apply an                 determination. In addition, we are
                                                  companies selected for individual                       ‘‘all-others’’ rate equal to the weighted-             making available to the ITC all non-
                                                  examination—Great Champ Trading                         average countervailable subsidy rates                  privileged and non-proprietary
                                                                                                          established for exporters and producers                information relating to this
                                                     3 See Letter from the petitioners regarding
                                                                                                          individually investigated, excluding any               investigation. We will allow the ITC
                                                  ‘‘Petitioners’ Request for Alignment of
                                                  Countervailing Duty Investigation Final                 zero and de minimis countervailable                    access to all privileged and business
                                                  Determination Deadline with Antidumping                 subsidy rates, and any rates determined                proprietary information in our files,
                                                  Investigation Final Determination Deadline’’ (June      entirely under section 776 of the Act.                 provided the ITC confirms that it will
                                                  17, 2015).                                                                                                     not disclose such information, either
                                                     4 See Memorandum from Christian Marsh, Deputy
                                                                                                          Therefore, we used the rate calculated
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Assistant Secretary for Antidumping and                 for our sole cooperating respondent as
                                                                                                                                                                   5 See  sections 776(a)(2)(A)(B), and (C) of the Act.
                                                  Countervailing Duty Operations, to Paul Piquado,        the all-others rate.
                                                                                                                                                                   6 We   are also assigning to PT Pindo Deli Pulp and
                                                  Assistant Secretary for Enforcement and
                                                  Compliance regarding ‘‘Decision Memorandum for             We preliminarily determine the                      Paper Mills the rate assigned to IK and TK. For
                                                  the Preliminary Affirmative Countervailing Duty         countervailable subsidy rates to be:                   further discussion, see the Memorandum to the
                                                  Determination in the Countervailing Duty                                                                       File, ‘‘Cross-Ownership: Countervailing Duty
                                                  Investigation of Certain Uncoated Paper from                                                                   Investigation of Uncoated Paper from Indonesia,’’
                                                  Indonesia,’’ dated concurrently with this notice                                                               dated concurrently with this notice.
                                                  (Preliminary Decision Memorandum).                                                                               7 See 19 CFR 351.224(b).




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                                                                                 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices                                                          36973

                                                  publicly or under an administrative                     HTSUS subheadings are provided for                        Background
                                                  protective order, without the written                   convenience and customs purposes, the
                                                  consent of the Assistant Secretary for                  written description of the scope of the                      On June 1, 2015, the Department
                                                  Enforcement and Compliance.                             investigation is dispositive.                             received an adequate substantive
                                                     In accordance with section 705(b)(2)                                                                           response from domestic interested party
                                                                                                          Appendix 2—List of Topics Discussed
                                                  of the Act, if our final determination is                                                                         Chemical Products Corporation
                                                                                                          in the Preliminary Decision
                                                  affirmative, the ITC will make its final                                                                          (‘‘Petitioner’’) within the deadline
                                                                                                          Memorandum
                                                  determination within 45 days after the                                                                            specified in 19 CFR 351.218(d)(3)(i).2
                                                  Department makes its final                              1. Summary                                                We received no responses from
                                                                                                          2. Background                                             respondent interested parties. As a
                                                  determination.                                          3. Alignment
                                                     This determination is issued and                                                                               result, the Department conducted an
                                                                                                          4. Scope Comments                                         expedited (120-day) sunset review of the
                                                  published pursuant to sections 703(f)                   5. Scope of the Investigation
                                                  and 777(i) of the Act.                                  6. Injury Test
                                                                                                                                                                    order, pursuant to section 751(c)(3)(B) of
                                                                                                          7. Use of Facts Otherwise Available and                   the Act and 19 CFR
                                                    Dated: June 22, 2015.
                                                                                                               Adverse Inference                                    351.218(e)(1)(ii)(C)(2).
                                                  Paul Piquado,
                                                                                                          8. Subsidies Valuation                                    Analysis of Comments Received
                                                  Assistant Secretary for Enforcement and                 9. Analysis of Programs
                                                  Compliance.                                             10. ITC Notification                                        All issues raised in this sunset review
                                                  Appendix 1—Scope of the Investigation                   11. Disclosure and Public Comment                         are addressed in the ‘‘Issues and
                                                                                                          12. Verification                                          Decision Memorandum for the
                                                     The merchandise covered by this                      13. Conclusion
                                                  investigation includes uncoated paper in                                                                          Expedited Fourth Sunset Review of the
                                                                                                          [FR Doc. 2015–15901 Filed 6–26–15; 8:45 am]               Antidumping Duty Order on Barium
                                                  sheet form; weighing at least 40 grams per
                                                  square meter but not more than 150 grams                BILLING CODE 3510–DS–P                                    Chloride from the People’s Republic of
                                                  per square meter; that either is a white paper                                                                    China’’ from Christian Marsh, Deputy
                                                  with a GE brightness level 1 of 85 or higher                                                                      Assistant Secretary for Antidumping
                                                  or is a colored paper; whether or not surface-          DEPARTMENT OF COMMERCE                                    and Countervailing Duty Operations, to
                                                  decorated, printed (except as described                                                                           Paul Piquado, Assistant Secretary for
                                                  below), embossed, perforated, or punched;               International Trade Administration
                                                                                                                                                                    Enforcement and Compliance, dated
                                                  irrespective of the smoothness of the surface;
                                                  and irrespective of dimensions (Certain                                                                           concurrently with, and hereby adopted
                                                                                                          [A–570–007]                                               by, this notice (‘‘Decision
                                                  Uncoated Paper).
                                                     Certain Uncoated Paper includes (a)                                                                            Memorandum’’). The issues discussed
                                                                                                          Barium Chloride From the People’s
                                                  uncoated free sheet paper that meets this                                                                         in the Decision Memorandum include
                                                  scope definition; (b) uncoated groundwood               Republic of China: Final Results of
                                                                                                                                                                    the likelihood of continuation or
                                                  paper produced from bleached chemi-                     Expedited Fourth Sunset Review of the
                                                                                                                                                                    recurrence of dumping and the
                                                  thermo-mechanical pulp (BCTMP) that meets               Antidumping Duty Order
                                                                                                                                                                    magnitude of the margins likely to
                                                  this scope definition; and (c) any other
                                                                                                          AGENCY:  Enforcement and Compliance,                      prevail if the order were to be revoked.
                                                  uncoated paper that meets this scope
                                                  definition regardless of the type of pulp used          International Trade Administration,                       Parties may find a complete discussion
                                                  to produce the paper.                                   Department of Commerce.                                   of all issues raised in the review and the
                                                     Specifically excluded from the scope are                                                                       corresponding recommendations in this
                                                  (1) paper printed with final content of                 SUMMARY:   On May 1, 2015, the                            public memorandum which is on file
                                                  printed text or graphics and (2) lined paper            Department of Commerce (the                               electronically via Enforcement and
                                                  products, typically school supplies,                    ‘‘Department’’) initiated the fourth five-                Compliance’s Antidumping and
                                                  composed of paper that incorporates straight            year (‘‘sunset’’) review of the                           Countervailing Duty Centralized
                                                  horizontal and/or vertical lines that would             antidumping duty order on barium                          Electronic Services System (‘‘ACCESS’’).
                                                  make the paper unsuitable for copying or                chloride from the People’s Republic of
                                                  printing purposes.                                                                                                Access to ACCESS is available to
                                                                                                          China (‘‘PRC’’) pursuant to section                       registered users at http://
                                                     Imports of the subject merchandise are               751(c) of the Tariff Act of 1930, as
                                                  provided for under Harmonized Tariff                                                                              access.trade.gov and is available to all
                                                  Schedule of the United States (HTSUS)
                                                                                                          amended (the ‘‘Act’’).1 As a result of this               parties in the Central Records Unit,
                                                  categories 4802.56.1000, 4802.56.2000,                  sunset review, the Department finds that                  Room B8024 of the main Department of
                                                  4802.56.3000, 4802.56.4000, 4802.56.6000,               revocation of the antidumping duty                        Commerce building. In addition, a
                                                  4802.56.7020, 4802.56.7040, 4802.57.1000,               order on barium chloride from the PRC                     complete version of the Decision
                                                  4802.57.2000, 4802.57.3000, and                         would be likely to lead to continuation                   Memorandum is available directly on
                                                  4802.57.4000. Some imports of subject                   or recurrence of dumping at the levels
                                                  merchandise may also be classified under
                                                                                                                                                                    the Web at http://
                                                                                                          indicated in the ‘‘Final Results of                       enforcement.trade.gov/frn/index.html.
                                                  4802.62.1000, 4802.62.2000, 4802.62.3000,               Review’’ section of this notice.
                                                  4802.62.5000, 4802.62.6020, 4802.62.6040,                                                                         The signed Decision Memorandum and
                                                  4802.69.1000, 4802.69.2000, 4802.69.3000,               DATES:   Effective Date: June 29, 2015.                   the electronic versions of the Decision
                                                  4811.90.8050 and 4811.90.9080. While                    FOR FURTHER INFORMATION CONTACT:                          Memorandum are identical in content.
                                                     1 One of the key measurements of any grade of
                                                                                                          Irene Gorelik, AD/CVD Operations,                         Scope of the Order
                                                  paper is brightness. Generally speaking, the brighter
                                                                                                          Enforcement and Compliance,
                                                                                                          International Trade Administration,                          The merchandise covered by the order
                                                  the paper the better the contrast between the paper
                                                  and the ink. Brightness is measured using a GE          U.S. Department of Commerce, 14th                         is barium chloride, a chemical
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Reflectance Scale, which measures the reflection of     Street and Constitution Avenue NW.,                       compound having the formulas BaCl2 or
                                                  light off a grade of paper. One is the lowest
                                                                                                          Washington, DC 20230; telephone: (202)                    BaCl2–2H2O, currently classifiable
                                                  reflection, or what would be given to a totally black                                                             under item number 2827.39.45.00 of the
                                                  grade, and 100 is the brightest measured grade.         482–6905.
                                                  ‘‘Colored paper’’ as used in this scope definition      SUPPLEMENTARY INFORMATION:
                                                  means a paper with a hue other than white that                                                                       2 See Petitioner’s June 1, 2015, submission, re;

                                                  reflects one of the primary colors of magenta,                                                                    ‘‘Substantive Response to the Notice of Initiation of
                                                  yellow, and cyan (red, yellow, and blue) or a             1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80   Five-Year Review of Chemical Products
                                                  combination of such primary colors.                     FR 24900 (May 1, 2015).                                   Corporation.’’



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Document Created: 2015-12-15 14:25:09
Document Modified: 2015-12-15 14:25:09
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
ContactDavid Goldberger or Kate Johnson, Office II, 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- 4136 and (202) 482-4929, respectively.
FR Citation80 FR 36971 

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