80 FR 51771 - Certain Uncoated Paper From Indonesia: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 165 (August 26, 2015)
International Trade Administration
Federal Register Volume 80, Issue 165 (August 26, 2015)
| Page Range | 51771-51774 | |
| FR Document | 2015-21180 |
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)] [Notices] [Pages 51771-51774] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21180] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-560-828] Certain Uncoated Paper From Indonesia: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) preliminarily determines that certain uncoated paper from Indonesia is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is January 1, 2014, through December 31, 2014. The estimated weighted-average dumping margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. DATES: Effective date: August 26, 2015. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Shannon Morrison, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6345 or (202) 482-6274, respectively. SUPPLEMENTARY INFORMATION: Background The Department initiated this investigation on February 10, 2015.\1\ For a complete description of the events that followed the initiation of this investigation, see the memorandum that is dated concurrently with this determination and hereby adopted by this notice.\2\ The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See 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) (Initiation Notice). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled ``Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Certain Uncoated Paper from Indonesia'' (Preliminary Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is uncoated paper from Indonesia. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice. Scope Comments Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For discussion of those comments, see the Preliminary Decision Memorandum.\3\ --------------------------------------------------------------------------- \3\ See also Memorandum from Erin Begnal, Director, Office III, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled ``Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated August 3, 2015. --------------------------------------------------------------------------- [[Page 51772]] Postponement of Deadline for Preliminary Determinations On May 15, 2015, the petitioners \4\ made a timely request for a 50-day postponement of the preliminary determination in this investigation pursuant to section 733(c)(1)(A) of the Act and 19 CFR 351.205(e).\5\ On June 1, 2015, we postponed the preliminary determination by 50 days, to August 19, 2015.\6\ --------------------------------------------------------------------------- \4\ The petitioners in this proceeding 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. \5\ See The petitioners' Letter to the Department, ``Certain Uncoated Paper From Indonesia: Request For Postponement Of The Preliminary Determination, dated May 15, 2015. \6\ See Certain Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 80 FR 31017 (June 1, 2015). --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. There is one mandatory respondent participating in this investigation, April Fine Paper Macao Limited/PT Anugerah Kertas Utama/PT Riau Andalan Kertas (collectively, APRIL). Export price for this company is calculated in accordance with section 772 of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. Adverse Facts Available Because mandatory respondents Great Champ Trading Limited (Great Champ), Indah Kiat Pulp & Paper TBK (IK), and Pabrik Kertas Tjiwi Kimia (TK) failed to respond to the Department's questionnaire, we preliminarily determine to apply adverse facts available (AFA) to these respondents, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. Moreover, the Department is collapsing IK and TK, along with an additional affiliated paper producer PT. Pindo Deli Pulp and Paper Mills because we find that these companies meet the criteria set forth in 19 CFR 351.401(f). Therefore, we are assigning these companies a single AFA rate--under the name APP/SMG--for purposes of the preliminary determination. For further discussion, see the Preliminary Decision Memorandum. All-Others Rate Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, the Department also calculated an estimated all-others rate. Section 735(c)(5)(B) of the Act provides that where all rates are zero, de minimis or based on total facts available, the Department may use ``any reasonable method'' to establish the rate for non-selected respondents. In this investigation, we calculated a company-specific rate for the only cooperative mandatory respondent, APRIL, that is zero. Therefore, and pursuant to section 735(c)(5)(B) of the Act, we preliminary determine that it is reasonable to calculate the all-others rate based on a simple average of the zero margin and the margins based on AFA. Preliminary Determination The Department preliminarily determines that the following weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted- average Exporter/manufacturer dumping margin (percent) ------------------------------------------------------------------------ Great Champ Trading Limited............................. 51.75 Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT 51.75 Pindo Deli Pulp and Paper Mills (APP/SMG) April Fine Paper Macao Limited/PT Anugerah Kertas Utama/ 0.00 PT Riau Andalan Kertas (APRIL)......................... All Others.............................................. 34.50 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 733(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, as described in Appendix I of this notice, for all companies other than APRIL which are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. For APRIL, because its estimated weighted-average preliminary dumping margin is zero, we are not directing CBP to suspend liquidation of APRIL's entries. In accordance with 19 CFR 351.205(d), we will instruct CBP to require a cash deposit equal to the weighted-average amount by which the NV exceeds U.S. price, as indicated in the chart above, adjusted for export subsidies found in the preliminary determination of the companion countervailing duty investigation.\7\ Specifically, consistent with our longstanding practice, where the product under investigation is also subject to a concurrent countervailing duty investigation, we instruct CBP to require a cash deposit equal to the amount by which the NV exceeds the U.S. price, as indicated below, less the amount of the countervailing duty determined to constitute an export subsidy.\8\ Therefore, for cash deposit purposes, we are subtracting from the applicable cash deposit rate that portion of the countervailing duty rate attributable to the export subsidies found in the preliminary affirmative countervailing duty determination. Accordingly, the export subsidy offsets are as follows: 29.36 percent for Great Champ and APP/SMG; and 0.00 percent for all others.\9\ After this adjustment, the resulting cash deposit rates will be 22.39 percent for Great Champ and APP/SMG. --------------------------------------------------------------------------- \7\ See Certain Uncoated Paper from Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 80 FR 36971 (June 29, 2015), and accompanying Preliminary Decision Memorandum (CVD Investigation Uncoated Paper from Indonesia). \8\ See, e.g., Notice of Final Determination of Sales at Less Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR 67306, 67307 (November 17, 2004); and Notice of Final Determination of Sales at Less Than Fair Value and Negative Critical Circumstances Determination: Bottom Mount Combination Refrigerator-Freezers From the Republic of Korea, 77 FR 17413 (March 26, 2012). \9\ See CVD Investigation Uncoated Paper from Indonesia. --------------------------------------------------------------------------- Further, pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we will instruct CBP to require cash deposits \10\ equal to the above-noted rates, adjusted as appropriate for export subsidies, as follows: (1) The rate for the mandatory respondents listed above will be the respondent-specific rate we determined in this preliminary determination; (2) if the exporter is not a mandatory respondent identified above, but the producer is, the rate will be the specific rate established for the producer of the subject merchandise; and (3) the rate for all other producers or exporters will be the all others rate. These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \10\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- Disclosure We will disclose the calculations performed to interested parties in this proceeding within five days of the date [[Page 51773]] of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination. Public Comment Interested parties are invited to comment on this preliminary determination. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \11\ See 19 CFR 351.309. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Standard Time, within 30 days after the date of publication of this notice.\12\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. APRIL requested that, in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination by 60 days (i.e., to 135 days after publication of the preliminary determination), and agreed to extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a period not to exceed six months.\13\ In addition, the petitioners also requested that, in the event of a negative preliminary determination, the Department postpone its final determination in accordance with 19 CFR 351.210(b)(c)(i).\14\ --------------------------------------------------------------------------- \13\ Id. \14\ See Letter from the petitioners, entitled, ``Certain Uncoated Paper from Indonesia--Petitioners' Comments on the Extension of the Final Determination,'' dated July 31, 2015. --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\15\ --------------------------------------------------------------------------- \15\ See also 19 CFR 351.210(e). --------------------------------------------------------------------------- International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we are notifying the ITC of our affirmative preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: August 19, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I 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 ground wood 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 II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures [[Page 51774]] V. Scope Comments VI. Affiliation Determinations VII. Discussion of Methodology a. Determination of the Comparison Method b. Results of the Differential Pricing Analysis VIII. Date of Sale IX. Product Comparisons X. Export Price XI. Duty Drawback XII. Normal Value a. Home Market Viability b. Level of Trade c. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test d. Calculation of NV Based on Comparison Market Prices XIII. Application of Facts Available and Use of Adverse Inference a. Use of Facts Available b. Application of Facts Available with an Adverse Inference c. Selection and Corroboration of Adverse Facts Available (AFA) Rate XIV. Critical Circumstances XV. Currency Conversion [FR Doc. 2015-21180 Filed 8-25-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices 51771
733(f) and 777(i)(1) of the Act and 19 V. Postponement of Final Determination and DATES: Effective date: August 26, 2015.
CFR 351.205(c). Extension of Provisional Measures FOR FURTHER INFORMATION CONTACT:
VI. Scope Comments
Dated: August 19, 2015. Blaine Wiltse or Shannon Morrison,
VII. Scope of the Investigation
Paul Piquado, VIII. Affiliation Determination AD/CVD Operations, Office II,
Assistant Secretary for Enforcement and IX. Discussion of Methodology Enforcement and Compliance,
Compliance. A. Non-Market Economy International Trade Administration,
B. Separate Rates U.S. Department of Commerce, 14th
Appendix I—Scope of the Investigation C. Surrogate Country and Surrogate Value Street and Constitution Avenue NW.,
The merchandise covered by this Data Washington, DC 20230; telephone: (202)
investigation includes uncoated paper in D. Surrogate Country 482–6345 or (202) 482–6274,
sheet form; weighing at least 40 grams per E. Economic Compatibility respectively.
square meter but not more than 150 grams F. Significant Producer of Comparable
per square meter; that either is a white paper Merchandise SUPPLEMENTARY INFORMATION:
with a GE brightness level 1 of 85 or higher G. Data Availability Background
or is a colored paper; whether or not surface- H. Date of Sale
decorated, printed (except as described I. Fair Value Comparisons The Department initiated this
below), embossed, perforated, or punched; a. Determination of the Comparison investigation on February 10, 2015.1 For
irrespective of the smoothness of the surface; Method a complete description of the events that
and irrespective of dimensions (Certain b. Results of the Differential Pricing followed the initiation of this
Uncoated Paper). Analysis investigation, see the memorandum that
Certain Uncoated Paper includes (a) J. Export Price is dated concurrently with this
uncoated free sheet paper that meets this K. Value-Added Tax
scope definition; (b) uncoated ground wood
determination and hereby adopted by
L. Normal Value
paper produced from bleached chemi- M. Factor Valuation Methodology
this notice.2 The Preliminary Decision
thermo-mechanical pulp (BCTMP) that meets X. Currency Conversion Memorandum is a public document and
this scope definition; and (c) any other XI. Application Of Facts Available And is on file electronically via Enforcement
uncoated paper that meets this scope Adverse Inferences and Compliance’s Antidumping and
definition regardless of the type of pulp used A. Use of Facts Available Countervailing Duty Centralized
to produce the paper. B. Application of Facts Available with an Electronic Service System (ACCESS).
Specifically excluded from the scope are Adverse Inference ACCESS is available to registered users
(1) paper printed with final content of C. Corroboration of the AFA Rate at https://access.trade.gov, and to all
printed text or graphics and (2) lined paper XII. Adjustment Under Section 777a(F) Of
products, typically school supplies,
parties in the Central Records Unit,
The Act room B8024 of the main Department of
composed of paper that incorporates straight XIII. Verification
horizontal and/or vertical lines that would XIV. U.S. International Trade Commission
Commerce building. In addition, a
make the paper unsuitable for copying or Notification complete version of the Preliminary
printing purposes. XV. Disclosure And Public Comment Decision Memorandum can be found at
Imports of the subject merchandise are XVI. Conclusion http://enforcement.trade.gov/frn/. The
provided for under Harmonized Tariff signed Preliminary Decision
Schedule of the United States (HTSUS) [FR Doc. 2015–21173 Filed 8–25–15; 8:45 am]
Memorandum and the electronic
categories 4802.56.1000, 4802.56.2000, BILLING CODE 3510–DS–P
version of the Preliminary Decision
4802.56.3000, 4802.56.4000, 4802.56.6000,
4802.56.7020, 4802.56.7040, 4802.57.1000, Memorandum are identical in content.
4802.57.2000, 4802.57.3000, and DEPARTMENT OF COMMERCE Scope of the Investigation
4802.57.4000. Some imports of subject
merchandise may also be classified under International Trade Administration The product covered by this
4802.62.1000, 4802.62.2000, 4802.62.3000, investigation is uncoated paper from
4802.62.5000, 4802.62.6020, 4802.62.6040, [A–560–828] Indonesia. For a full description of the
4802.69.1000, 4802.69.2000, 4802.69.3000, scope of this investigation, see the
4811.90.8050 and 4811.90.9080. While Certain Uncoated Paper From ‘‘Scope of the Investigation,’’ in
HTSUS subheadings are provided for Indonesia: Preliminary Determination Appendix I of this notice.
convenience and customs purposes, the of Sales at Less Than Fair Value and
written description of the scope of the Postponement of Final Determination Scope Comments
investigations is dispositive. Certain interested parties commented
AGENCY: Enforcement and Compliance, on the scope of the investigation as it
Appendix II—List of Topics Discussed International Trade Administration,
in the Preliminary Decision appeared in the Initiation Notice. For
Department of Commerce. discussion of those comments, see the
Memorandum
SUMMARY: The Department of Commerce Preliminary Decision Memorandum.3
I. Summary (Department) preliminarily determines
II. Background that certain uncoated paper from 1 See Certain Uncoated Paper From Australia,
III. Selection of Respondents
IV. Period of Investigation
Indonesia is being, or is likely to be, Brazil, the People’s Republic of China, Indonesia,
sold in the United States at less than fair and Portugal: Initiation of Less-Than-Fair-Value
Investigations, 80 FR 8608 (February 18, 2015)
1 One of the key measurements of any grade of value (LTFV), as provided in section (Initiation Notice).
paper is brightness. Generally speaking, the brighter 733(b) of the Tariff Act of 1930, as 2 See Memorandum from Christian Marsh, Deputy
the paper the better the contrast between the paper amended (the Act). The period of Assistant Secretary for Antidumping and
and the ink. Brightness is measured using a GE investigation (POI) is January 1, 2014, Countervailing Duty Operations, to Paul Piquado,
rmajette on DSK7SPTVN1PROD with NOTICES
Reflectance Scale, which measures the reflection of Assistant Secretary for Enforcement and
light off a grade of paper. One is the lowest
through December 31, 2014. The Compliance, entitled ‘‘Decision Memorandum for
reflection, or what would be given to a totally black estimated weighted-average dumping the Preliminary Determination in the Antidumping
grade, and 100 is the brightest measured grade. margins of sales at LTFV are shown in Duty Investigation of Certain Uncoated Paper from
‘‘Colored paper’’ as used in this scope definition the ‘‘Preliminary Determination’’ Indonesia’’ (Preliminary Decision Memorandum),
means a paper with a hue other than white that dated concurrently with this notice.
reflects one of the primary colors of magenta,
section of this notice. Interested parties 3 See also Memorandum from Erin Begnal,
yellow, and cyan (red, yellow, and blue) or a are invited to comment on this Director, Office III, to Ronald K. Lorentzen, Acting
combination of such primary colors. preliminary determination. Continued
VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1](https://thefederalregister.org/doc/80_FR_51936/page/1.svg)
![51774 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
V. Scope Comments Federal Register on January 30, 2015.1 Initiation of New Shipper Review
VI. Affiliation Determinations On July 20, 2015, pursuant to section
VII. Discussion of Methodology Pursuant to section 751(a)(2)(B) of the
751(a)(2)(B)(i) of the Tariff Act of 1930, Act, 19 CFR 351.214(b), and 19 CFR
a. Determination of the Comparison
Method
as amended (‘‘the Act’’), and 19 CFR 351.214(d)(1), and based on the
b. Results of the Differential Pricing 351.214(b), the Department received a evidence provided by Haixing Jingmei,
Analysis NSR request from Haixing Jingmei we find that its request meets the
VIII. Date of Sale Chemical Products Sales Co., Ltd. threshold requirements for initiation of
IX. Product Comparisons (‘‘Haixing Jingmei’’).2 Haixing Jingmei the NSR for shipments of calcium
X. Export Price certified that it is the exporter of the hypochlorite from the PRC produced by
XI. Duty Drawback subject merchandise upon which the
XII. Normal Value Haixing Eno Chemical Co., Ltd. and
request is based and that its affiliate, exported by Haixing Jingmei.9 The POR
a. Home Market Viability
b. Level of Trade Haixing Eno Chemical Co., Ltd., is the is July 25, 2014, through June 30,
c. Cost of Production (COP) Analysis producer of the subject merchandise.3 2015.10 If the information supplied by
1. Calculation of COP Pursuant to section 751(a)(2)(B) of the Haixing Jingmei is found to be incorrect
2. Test of Comparison Market Sales Prices Act and 19 CFR 351.214(b)(2)(ii), or insufficient during the course of this
3. Results of the COP Test Haixing Jingmei certified that it did not proceeding, the Department may rescind
d. Calculation of NV Based on Comparison export subject merchandise to the the review for Haixing Jingmei or apply
Market Prices United States during the period of
XIII. Application of Facts Available and Use facts available pursuant to section 776
of Adverse Inference investigation (‘‘POI’’).4 Further, Haixing of the Act, depending on the facts on
a. Use of Facts Available Eno Chemical Co., Ltd. certified that it record.
b. Application of Facts Available with an is the producer of the subject Absent a determination that the new
Adverse Inference merchandise upon which the request is shipper review is extraordinarily
c. Selection and Corroboration of Adverse based. In addition, pursuant to section complicated, the Department intends to
Facts Available (AFA) Rate 751(a)(2)(B)(i)(II) of the Act and 19 CFR issue the preliminary results of this NSR
XIV. Critical Circumstances 351.214(b)(2)(iii)(A), Haixing Jingmei within 180 days from the date of
XV. Currency Conversion
certified that, since the initiation of the initiation and the final results within 90
[FR Doc. 2015–21180 Filed 8–25–15; 8:45 am] investigation, it has never been affiliated days after the date on which the
BILLING CODE 3510–DS–P with any PRC exporter or producer who preliminary results are issued.11
exported subject merchandise to the It is the Department’s usual practice,
United States during the POI, including in cases involving non-market
DEPARTMENT OF COMMERCE those respondents not individually economies (‘‘NMEs’’), to require that a
examined during the investigation.5 As company seeking to establish eligibility
International Trade Administration
required by 19 CFR 351.214(b)(2)(iii)(B), for an antidumping duty rate separate
[A–570–008] Haixing Jingmei also certified that its from the NME entity-wide rate provide
export activities were not controlled by evidence of de jure and de facto absence
Calcium Hypochlorite From the the government of the PRC.6 of government control over the
People’s Republic of China: Initiation In addition to the certifications company’s export activities.
of Antidumping Duty New Shipper described above, pursuant to 19 CFR Accordingly, we will issue
Review; 2014–2015 351.214(b)(2)(iv), Haixing Jingmei questionnaires to Haixing Jingmei that
AGENCY: Enforcement and Compliance, submitted documentation establishing will include a section requesting
International Trade Administration, the following: (1) The date on which it information concerning its eligibility for
Department of Commerce. first shipped subject merchandise for a separate rate. The NSR will proceed if
DATES: Effective date August 26, 2015. export to the United States; (2) the the responses provide sufficient
SUMMARY: The Department of Commerce volume of its first shipment and indication that Haixing Jingmei is not
(‘‘the Department’’) has received a subsequent shipments; and (3) the date subject to either de jure or de facto
timely request for a new shipper review of its first sale to an unaffiliated government control with respect to its
(‘‘NSR’’) of the antidumping duty customer in the United States.7 exports of subject merchandise.
(‘‘AD’’) order on calcium hypochlorite Finally, the Department conducted a We will instruct CBP to allow, at the
from the People’s Republic of China U.S. Customs and Border Protection option of the importer, the posting, until
(‘‘PRC’’). The Department has (‘‘CBP’’) database query and confirmed the completion of this review, of a bond
determined that the request meets the the price, quantity, date of sale, and date or security in lieu of a cash deposit for
statutory and regulatory requirements of entry of Haixing Jingmei’s sales.8 each entry of the subject merchandise
for initiation. The period of review from the requesting companies in
(‘‘POR’’) for this NSR is July 25, 2014,
1 See Calcium Hypochlorite From the People’s accordance with section 751(a)(2)(B)(iii)
through June 30, 2015.
Republic of China: Antidumping Duty Order, 80 FR of the Act and 19 CFR 351.214(e).
5085 (January 30, 2015) (‘‘Order’’). Because Haixing Jingmei certified that
FOR FURTHER INFORMATION CONTACT: 2 See Letter from Haixing Jingmei, ‘‘Entry of
its affiliate Haixing Eno Chemical Co.,
Irene Gorelik, AD/CVD Operations, Appearance and Corrected Request for New Shipper
Review: Calcium Hypochlorite from the People’s Ltd. produced the subject merchandise
Office V, Enforcement and Compliance,
Republic of China,’’ dated July 20, 2015 (‘‘NSR which Haixing Jingmei exported, the
International Trade Administration, Request’’).
U.S. Department of Commerce, 14th 3 Id., at 2–3 and Exhibit 1.
Jingmei’s entry documents on the record after the
Street and Constitution Avenue NW., 4 Id.
publication of this notice.
rmajette on DSK7SPTVN1PROD with NOTICES
Washington, DC 20230; telephone: 202– 5 Id. 9 See ‘‘Memorandum to the File, from Irene
482–6905. 6 Id. Gorelik, Senior Analyst, ‘‘Calcium Hypochlorite
7 Id., at 3 and Exhibit 2; see also Letter from from the People’s Republic of China: New Shipper
SUPPLEMENTARY INFORMATION:
Haixing Jingmei, ‘‘Calcium Hypochlorite from the Initiation Checklist,’’ dated concurrently with this
Background People’s Republic of China: Response to Pre- notice and herein incorporated by reference.
Initiation Question,’’ dated July 24, 2015. 10 See 19 CFR 351.214(g)(1)(ii)(B).
The AD order on calcium 8 The Department will place the results of the 11 See section 751(a)(2)(B)(iv) of the Act and 19
hypochlorite was published in the completed CBP database query along with Haixing CFR 351.214(i).
VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1](https://thefederalregister.org/doc/80_FR_51936/page/4.svg)
Document Created: 2015-12-15 10:59:15
Document Modified: 2015-12-15 10:59:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Blaine Wiltse or Shannon Morrison, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6345 or (202) 482-6274, respectively. | |
| FR Citation | 80 FR 51771 |
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