80_FR_46099 80 FR 45951 - Supercalendered Paper From Canada: Preliminary Affirmative Countervailing Duty Determination

80 FR 45951 - Supercalendered Paper From Canada: Preliminary Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 148 (August 3, 2015)

Page Range45951-45952
FR Document2015-18980

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of supercalendered paper (SC paper) from Canada. 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 148 (Monday, August 3, 2015) 
[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 45951-45952]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18980]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-854]


Supercalendered Paper From Canada: Preliminary Affirmative 
Countervailing 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 supercalendered paper (SC paper) from 
Canada. 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: August 3, 2015.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or Shane Subler, 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-
1391 and (202) 482-0189, respectively.

SUPPLEMENTARY INFORMATION: 
    On March 18, 2015, the Department initiated this countervailing 
duty (CVD) investigation.\1\ On April 15, in response to a request from 
the petitioner, the Coalition for Fair Paper Imports,\2\ the Department 
postponed the preliminary determination in the CVD investigation.\3\
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    \1\ See Supercalendered Paper From Canada: Initiation of 
Countervailing Duty Investigation, 80 FR 15981 (March 26, 2015).
    \2\ The individual member companies of the Coalition for Fair 
Paper Imports are Madison Paper Industries and Verso Corporation.
    \3\ See Supercalendered Paper From Canada: Postponement of 
Preliminary Determinations in the Countervailing Duty Investigation, 
80 FR 22477 (April 22, 2015).
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Scope of the Investigation

    The product covered by this investigation is SC paper. 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 Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum.\4\ The 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 versions of the Preliminary Decision 
Memorandum are identical in content.
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    \4\ See Memorandum from Gary Taverman, Associate 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 
Supercalendered Paper From Canada,'' dated concurrently with this 
notice (Preliminary Decision Memorandum).
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    For this preliminary determination, we have relied partially on 
facts available for Resolute, because the company did not act to the 
best of its ability when responding to the Department's request for 
information. Further, we have drawn an adverse inference in selecting 
from among the facts otherwise available to calculate the ad valorem 
rate for Resolute.\5\ For further information, see ``Use of Facts 
Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.
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    \5\ See sections 776(a) and (b) of the Act.
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    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.

Preliminary Determination and Suspension of Liquidation

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Port Hawkesbury Paper LP (Port Hawkesbury)..............           20.33
Resolute FP Canada Inc. (Resolute)......................            2.04
All Others..............................................           11.19
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (2) of the Act, we are 
directing U.S. Customs and Border Protection to suspend liquidation of 
all entries of SC paper from Canada 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.
    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for each company respondent. Section 705(c)(5)(A)(i) 
of the Act states that, for companies not individually investigated, we 
will determine 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.
    Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, 
we have not calculated the ``all others'' rate by weight averaging the 
rates of Port Hawkesbury and Resolute because doing so risks disclosure 
of proprietary

[[Page 45952]]

information. Therefore, we calculated a simple average of Port 
Hawkesbury's and Resolute's rates.\6\
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    \6\ We have calculated the simple average of the two responding 
firm's rates for the all-others rate using the following 
calculation: (20.33 (Port Hawkesbury's calculated rate) + 2.04 
(Resolute's calculated rate))/2 = 11.19 (the all others rate).
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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.\7\ 
Interested parties may submit case and rebuttal briefs,\8\ and request 
a hearing.\9\ For a schedule of the deadlines for filing case briefs, 
rebuttal briefs, and hearing requests, see the Preliminary Decision 
Memorandum.
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c) and (d).
    \9\ See 19 CFR 351.510.
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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: July 27, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix 1

Scope of the Investigation

    The merchandise covered by this investigation is supercalendered 
paper (SC paper). SC paper is uncoated paper that has undergone a 
calendering process in which the base sheet, made of pulp and filler 
(typically, but not limited to, clay, talc, or other mineral 
additive), is processed through a set of supercalenders, a 
supercalender, or a soft nip calender operation.\1\
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    \1\ Supercalendering and soft nip calendering processing, in 
conjunction with the mineral filler contained in the base paper, are 
performed to enhance the surface characteristics of the paper by 
imparting a smooth and glossy printing surface. Supercalendering and 
soft nip calendering also increase the density of the base paper.
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    The scope of this investigation covers all SC paper regardless 
of basis weight, brightness, opacity, smoothness, or grade, and 
whether in rolls or in sheets. Further, the scope covers all SC 
paper that meets the scope definition regardless of the type of pulp 
fiber or filler material used to produce the paper.
    Specifically excluded from the scope are imports of paper 
printed with final content of printed text or graphics.
    Subject merchandise primarily enters under Harmonized Tariff 
Schedule of the United States (HTSUS) subheading 4802.61.3035, but 
may also enter under subheadings 4802.61.3010, 4802.62.3000, 
4802.62.6020, and 4802.69.3000. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of the investigation is dispositive.

Appendix 2

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Calculation of the All Others Rate
IX. ITC Notification
X. Disclosure and Public Comment
XI. Verification
XII. Conclusion

[FR Doc. 2015-18980 Filed 7-31-15; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices 45951 surrogate country and surrogate values CVD Operations, Enforcement and The signed Preliminary Decision and rebuttal; (4) comments concerning Compliance, International Trade Memorandum and the electronic U.S. Customs and Border Protection Administration, U.S. Department of versions of the Preliminary Decision data; and (5) quantity and value Commerce, 14th Street and Constitution Memorandum are identical in content. questionnaires. Under certain Avenue NW., Washington, DC 20230; For this preliminary determination, circumstances, the Department may telephone: (202) 482–1391 and (202) we have relied partially on facts elect to specify a different time limit by 482–0189, respectively. available for Resolute, because the which extension requests will be SUPPLEMENTARY INFORMATION: company did not act to the best of its considered untimely for submissions On March 18, 2015, the Department ability when responding to the which are due from multiple parties initiated this countervailing duty (CVD) Department’s request for information. simultaneously. In such a case, the investigation.1 On April 15, in response Further, we have drawn an adverse Department will inform parties in the to a request from the petitioner, the inference in selecting from among the letter or memorandum setting forth the Coalition for Fair Paper Imports,2 the facts otherwise available to calculate the deadline (including a specified time) by Department postponed the preliminary ad valorem rate for Resolute.5 For which extension requests must be filed determination in the CVD further information, see ‘‘Use of Facts to be considered timely. This investigation.3 Otherwise Available and Adverse modification also requires that an Inferences’’ in the Preliminary Decision extension request must be made in a Scope of the Investigation Memorandum. separate, stand-alone submission, and The product covered by this In accordance with section clarifies the circumstances under which investigation is SC paper. For a 703(d)(1)(A)(i) of the Act, we calculated the Department will grant untimely- complete description of the scope of the a CVD rate for each individually filed requests for the extension of time investigation, see Appendix 1 to this investigated producer/exporter of the limits. These modifications are effective notice. subject merchandise. for all segments initiated on or after Preliminary Determination and Methodology October 21, 2013. Please review the Suspension of Liquidation final rule, available at http:// The Department is conducting this www.gpo.gov/fdsys/pkg/FR-2013-09-20/ CVD investigation in accordance with We preliminarily determine the html/2013-22853.htm, prior to section 701 of the Tariff Act of 1930, as countervailable subsidy rates to be: submitting factual information in these amended (the Act). For a full description of the methodology Subsidy rate segments. Company (percent) These initiations and this notice are underlying our preliminary conclusions, in accordance with section 751(a) of the see the Preliminary Decision Port Hawkesbury Paper LP Act (19 U.S.C. 1675(a)) and 19 CFR Memorandum.4 The list of topics (Port Hawkesbury) ............ 20.33 351.221(c)(1)(i). discussed in the Preliminary Decision Resolute FP Canada Inc. Memorandum is included as Appendix (Resolute) .......................... 2.04 Dated: July 27, 2015. 2 to this notice. The Preliminary All Others .............................. 11.19 Christian Marsh, Decision Memorandum is a public Deputy Assistant Secretary for Antidumping In accordance with sections and Countervailing Duty Operations. document and is on file electronically via Enforcement and Compliance’s 703(d)(1)(B) and (2) of the Act, we are [FR Doc. 2015–18978 Filed 7–31–15; 8:45 am] Antidumping and Countervailing Duty directing U.S. Customs and Border BILLING CODE 3510–DS–P Centralized Electronic Service System Protection to suspend liquidation of all (ACCESS). ACCESS is available to entries of SC paper from Canada that are registered users at http:// entered, or withdrawn from warehouse, DEPARTMENT OF COMMERCE for consumption on or after the date of access.trade.gov, and is available to all parties in the Central Records Unit, the publication of this notice in the International Trade Administration Room B8024 of the main Department of Federal Register, and to require a cash [C–122–854] Commerce building. In addition, a deposit for such entries of merchandise complete version of the Preliminary in the amounts indicated above. Supercalendered Paper From Canada: In accordance with section Preliminary Affirmative Countervailing Decision Memorandum can be accessed 705(c)(1)(B)(i) of the Act, we calculated Duty Determination directly on the Internet at http:// a rate for each company respondent. enforcement.trade.gov/frn/index.html. AGENCY: Enforcement and Compliance, Section 705(c)(5)(A)(i) of the Act states International Trade Administration, 1 See Supercalendered Paper From Canada: that, for companies not individually Department of Commerce. Initiation of Countervailing Duty Investigation, 80 investigated, we will determine an ‘‘all FR 15981 (March 26, 2015). others’’ rate equal to the weighted- SUMMARY: The Department of Commerce 2 The individual member companies of the average countervailable subsidy rates (the Department) preliminarily Coalition for Fair Paper Imports are Madison Paper established for exporters and producers determines that countervailable Industries and Verso Corporation. individually investigated, excluding any subsidies are being provided to 3 See Supercalendered Paper From Canada: Postponement of Preliminary Determinations in the zero and de minimis countervailable producers and exporters of Countervailing Duty Investigation, 80 FR 22477 subsidy rates, and any rates determined supercalendered paper (SC paper) from (April 22, 2015). entirely under section 776 of the Act. Canada. The period of investigation is 4 See Memorandum from Gary Taverman, mstockstill on DSK4VPTVN1PROD with NOTICES Notwithstanding the language of January 1, 2014, through December 31, Associate Deputy Assistant Secretary for section 705(c)(5)(A)(i) of the Act, we 2014. Interested parties are invited to Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for have not calculated the ‘‘all others’’ rate comment on this preliminary Enforcement and Compliance, regarding ‘‘Decision by weight averaging the rates of Port determination. Memorandum for the Preliminary Determination in Hawkesbury and Resolute because DATES: Effective Date: August 3, 2015. the Countervailing Duty Investigation of Supercalendered Paper From Canada,’’ dated doing so risks disclosure of proprietary FOR FURTHER INFORMATION CONTACT: concurrently with this notice (Preliminary Decision Dana Mermelstein or Shane Subler, AD/ Memorandum). 5 See sections 776(a) and (b) of the Act. VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1

45952 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices information. Therefore, we calculated a the base sheet, made of pulp and filler Background simple average of Port Hawkesbury’s (typically, but not limited to, clay, talc, or other mineral additive), is processed through Each year during the anniversary and Resolute’s rates.6 month of the publication of an a set of supercalenders, a supercalender, or Verification a soft nip calender operation.1 antidumping or countervailing duty The scope of this investigation covers all order, finding, or suspended As provided in section 782(i)(1) of the SC paper regardless of basis weight, Act, we intend to verify the information investigation, an interested party, as brightness, opacity, smoothness, or grade, defined in section 771(9) of the Tariff submitted by the respondents prior to and whether in rolls or in sheets. Further, the making our final determination. scope covers all SC paper that meets the Act of 1930, as amended (‘‘the Act’’), scope definition regardless of the type of may request, in accordance with 19 CFR Disclosure and Public Comment pulp fiber or filler material used to produce 351.213, that the Department of The Department intends to disclose to the paper. Commerce (‘‘the Department’’) conduct interested parties the calculations Specifically excluded from the scope are an administrative review of that performed in connection with this imports of paper printed with final content antidumping or countervailing duty of printed text or graphics. order, finding, or suspended preliminary determination within five Subject merchandise primarily enters days of its public announcement.7 investigation. under Harmonized Tariff Schedule of the Interested parties may submit case and United States (HTSUS) subheading All deadlines for the submission of rebuttal briefs,8 and request a hearing.9 4802.61.3035, but may also enter under comments or actions by the Department For a schedule of the deadlines for filing subheadings 4802.61.3010, 4802.62.3000, discussed below refer to the number of case briefs, rebuttal briefs, and hearing 4802.62.6020, and 4802.69.3000. Although calendar days from the applicable requests, see the Preliminary Decision the HTSUS subheadings are provided for starting date. convenience and customs purposes, the Memorandum. written description of the scope of the Respondent Selection U.S. International Trade Commission investigation is dispositive. In the event the Department limits the (ITC) Notification Appendix 2 number of respondents for individual In accordance with section 703(f) of examination for administrative reviews List of Topics Discussed in the Preliminary the Act, we will notify the ITC of our Decision Memorandum initiated pursuant to requests made for determination. In addition, we are the orders identified below, the I. Summary making available to the ITC all non- Department intends to select II. Background privileged and non-proprietary III. Scope Comments respondents based on U.S. Customs and information relating to this IV. Scope of the Investigation Border Protection (‘‘CBP’’) data for U.S. investigation. We will allow the ITC V. Injury Test imports during the period of review. We access to all privileged and business VI. Subsidies Valuation intend to release the CBP data under proprietary information in our files, VII. Analysis of Programs Administrative Protective Order VIII. Calculation of the All Others Rate (‘‘APO’’) to all parties having an APO provided the ITC confirms that it will IX. ITC Notification within five days of publication of the not disclose such information, either X. Disclosure and Public Comment publicly or under an administrative XI. Verification initiation notice and to make our protective order, without the written XII. Conclusion decision regarding respondent selection consent of the Assistant Secretary for within 21 days of publication of the [FR Doc. 2015–18980 Filed 7–31–15; 8:45 am] Enforcement and Compliance. initiation Federal Register notice. BILLING CODE 3510–DS–P In accordance with section 705(b)(2) Therefore, we encourage all parties of the Act, if our final determination is interested in commenting on respondent affirmative, the ITC will make its final DEPARTMENT OF COMMERCE selection to submit their APO determination within 45 days after the applications on the date of publication Department makes its final International Trade Administration of the initiation notice, or as soon determination. thereafter as possible. The Department This determination is issued and Antidumping or Countervailing Duty invites comments regarding the CBP published pursuant to sections 703(f) Order, Finding, or Suspended data and respondent selection within and 777(i) of the Act and 19 CFR Investigation; Opportunity To Request five days of placement of the CBP data 351.205(c). Administrative Review on the record of the review. Dated: July 27, 2015. AGENCY: Enforcement and Compliance, In the event the Department decides Paul Piquado, International Trade Administration, it is necessary to limit individual Department of Commerce. examination of respondents and Assistant Secretary for Enforcement and Compliance. conduct respondent selection under FOR FURTHER INFORMATION CONTACT: section 777A(c)(2) of the Act: Appendix 1 Brenda E. Waters, Office of AD/CVD In general, the Department finds that Operations, Customs Liaison Unit, Scope of the Investigation determinations concerning whether Enforcement and Compliance, particular companies should be The merchandise covered by this International Trade Administration, investigation is supercalendered paper (SC ‘‘collapsed’’ (i.e., treated as a single U.S. Department of Commerce, 14th paper). SC paper is uncoated paper that has entity for purposes of calculating Street and Constitution Avenue NW., undergone a calendering process in which antidumping duty rates) require a Washington, DC 20230, telephone: (202) mstockstill on DSK4VPTVN1PROD with NOTICES substantial amount of detailed 482–4735. 6 We have calculated the simple average of the information and analysis, which often two responding firm’s rates for the all-others rate 1 Supercalendering and soft nip calendering require follow-up questions and using the following calculation: (20.33 (Port analysis. Accordingly, the Department processing, in conjunction with the mineral filler Hawkesbury’s calculated rate) + 2.04 (Resolute’s calculated rate))/2 = 11.19 (the all others rate). contained in the base paper, are performed to will not conduct collapsing analyses at enhance the surface characteristics of the paper by the respondent selection phase of this 7 See 19 CFR 351.224(b). imparting a smooth and glossy printing surface. 8 See 19 CFR 351.309(c) and (d). Supercalendering and soft nip calendering also review and will not collapse companies 9 See 19 CFR 351.510. increase the density of the base paper. at the respondent selection phase unless VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1


Document Created: 2018-02-23 10:51:47
Document Modified: 2018-02-23 10:51:47
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
DatesEffective Date: August 3, 2015.
ContactDana Mermelstein or Shane Subler, 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- 1391 and (202) 482-0189, respectively.
FR Citation80 FR 45951 
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