80_FR_51942 80 FR 51777 - Certain Uncoated Paper From Portugal: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

80 FR 51777 - Certain Uncoated Paper From Portugal: 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)

Page Range51777-51779
FR Document2015-21183

The Department of Commerce (the ``Department'') preliminarily determines that certain uncoated paper from Portugal 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.

Federal Register, Volume 80 Issue 165 (Wednesday, August 26, 2015)
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51777-51779]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21183]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-471-807]


Certain Uncoated Paper From Portugal: 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 (the ``Department'') preliminarily 
determines that certain uncoated paper from Portugal 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: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on February 18, 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.
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    \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 
``Decision Memorandum for the Preliminary Determination in the 
Antidumping Duty Investigation of Certain Uncoated Paper from 
Portugal'' (``Preliminary Decision Memorandum''), dated concurrently 
with this notice.
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Scope of the Investigation

    The product covered by this investigation is uncoated paper from 
Portugal. For a full description of the scope of this investigation, 
see the ``Scope of the Investigation,'' in Appendix I.

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\
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    \3\ See also Memorandum from Erin Begnal, Director, Office III, 
to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement 
and Compliance ``Scope Comments Decision Memorandum for the 
Preliminary Determinations'' (August 3, 2015).
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Postponement of Deadline for Preliminary Determination

    On May 18, 2015, Petitioners \4\ submitted a timely request for a 
50-day

[[Page 51778]]

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.\6\ As a result of the postponement, the revised deadline for the 
preliminary determination of this investigation is now August 19, 2015.
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    \4\ Petitioners are United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union; Domtar Corporation; Finch Paper LLC; P.H. 
Glatfelter Company; and Packaging Corporation of America 
(collectively ``Petitioners'').
    \5\ See Letter to the Secretary of Commerce from Petitioners 
``Request For Postponement Of The Preliminary Determination'' (May 
18, 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).
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. There is one mandatory respondent participating 
in this investigation, Portucel S.A. (``Portucel''). 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.

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)(A) of the Act provides that the estimated all-others rate 
shall be an amount equal to the weighted average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding any zero and de minimis 
margins, and any margins determined entirely under section 776 of the 
Act.
    Portucel is the only respondent for which the Department calculated 
a company-specific rate. Therefore, for purposes of determining the 
``all others'' rate and pursuant to section 735(d)(5)(A) of the Act, we 
are using the dumping margin calculated for Portucel, as referenced in 
the ``Preliminary Determination'' section below.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter/manufacturer                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Portucel S.A................................................       29.53
All Others..................................................       29.53
------------------------------------------------------------------------

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 uncoated paper from Portugal, as described in the 
Preliminary Decision Memorandum, entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of this notice in 
the Federal Register.
    In accordance with 19 CFR 351.205(d), the Department will instruct 
CBP to require a cash deposit equal to the preliminary weighted-average 
amount by which normal value exceeds U.S. price, as indicated in the 
chart above.\7\ These suspension of liquidation instructions will 
remain in effect until further notice.
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    \7\ 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).
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Disclosure

    We will disclose the calculations performed to interested parties 
in this proceeding within five days of the date 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.\8\ 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.
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    \8\ 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.\9\ 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.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
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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 
Petitioners. 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.
    On July 30, 2015, pursuant to 19 CFR 351.210(b) and (e), Portucel 
requested that, contingent upon an affirmative preliminary 
determination of sales at LTFV for Portucel, the Department postpone 
the final determination and that provisional measures be extended to a 
period not to exceed six months.\10\ In addition, Petitioners requested 
that the Department postpone its final determination in accordance with 
19 CFR 351.210(b)(2)(i).\11\
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    \10\ See Letter to the Secretary of Commerce from Portucel 
``Request for Postponement of Final Determination'' (July 30, 2015).
    \11\ See Letter to the Secretary of Commerce from Petitioners 
``Petitioners' Comments on the Extension of the Final 
Determination'' (July 31, 2015).

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[[Page 51779]]

    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 exporters account 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.\12\
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    \12\ See also 19 CFR 351.210(e).
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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

    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 \13\ 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).
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    \13\ 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.
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    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

1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and Extension of Provisional 
Measures
5. Scope Comments
6. Affiliation and Collapsing
7. Discussion of Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
8. Date of Sale
9. Product Comparisons
10. Constructed Export Price
11. Excluded U.S. Sales
12. Normal Value
    A. Home Market Viability
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
    E. Calculation of NV Based on Comparison-Market Prices
13. Facts Available
    A. Use of Facts Available
    B. Application of Facts Available with an Adverse Inference
14. Currency Conversion

[FR Doc. 2015-21183 Filed 8-25-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                                          Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices                                                     51777

                                               discontinue the suspension of                           Comment II: Whether Chinese Communist                 Background
                                               liquidation for CVD purposes for subject                   Party (‘‘CCP’’) Affiliations/Activities by
                                                                                                          Company Officials Make the Company a                  The Department published the notice
                                               merchandise entered, or withdrawn                                                                             of initiation of this investigation on
                                               from warehouse, on or after May 30,                        Government Authority
                                                                                                       Comment III: Whether the GOC Responded to             February 18, 2015.1 For a complete
                                               2015, but to continue the suspension of                    the Best of its Ability Regarding                  description of the events that followed
                                               liquidation of all entries from January                    Ownership and CCP Affiliation for HRCS             the initiation of this investigation, see
                                               30, 2015, through May 29, 2015.                            Suppliers and Provided Sufficient                  the memorandum that is dated
                                                  If the International Trade Commission                   Evidence to Find that Some Producers               concurrently with this determination
                                               (‘‘ITC’’) issues a final affirmative injury                Were not Government Authorities                    and hereby adopted by this notice.2 The
                                               determination, we will issue a CVD                      Comment IV: Whether the Provision of HRCS
                                                                                                                                                             Preliminary Decision Memorandum is a
                                               order and reinstate the suspension of                      Is Specific
                                                                                                       Comment V: Use of a Tier-One Price for the            public document and is on file
                                               liquidation under section 706(a) of the
                                                                                                          Provision of HRCS                                  electronically via Enforcement and
                                               Act, and we will require a cash deposit
                                                                                                       Comment VI: Cold-Rolled for LTAR                      Compliance’s Antidumping and
                                               of estimated CVDs for such entries of
                                                                                                       Comment VII: Whether to Adjust the HRCS               Countervailing Duty Centralized
                                               merchandise in the amounts indicated
                                                                                                          Benchmark Values                                   Electronic Service System (‘‘ACCESS’’).
                                               above. If the ITC determines that                       Comment VIII: Whether the Provision of                ACCESS is available to registered users
                                               material injury, or threat of material                     Electricity is Countervailable
                                               injury, does not exist, this proceeding                                                                       at https://access.trade.gov, and to all
                                                                                                       Comment IX: Topsun’s Denominator                      parties in the Central Records Unit,
                                               will be terminated and all estimated                    Comment X: Export Seller’s Credits and
                                               duties deposited or securities posted as                                                                      room B8024 of the main Department of
                                                                                                          Export Buyer’s Credits from China ExIm
                                               a result of the suspension of liquidation               Comment XI: Two Free Three Half Program               Commerce building. In addition, a
                                               will be refunded or canceled.                           Comment XII: Other Programs                           complete version of the Preliminary
                                                                                                       Comment XIII: Whether Whirlpool’s Products            Decision Memorandum can be found at
                                               ITC Notification                                           are Within the Scope                               http://enforcement.trade.gov/frn/. The
                                                  In accordance with section 705(d) of                 [FR Doc. 2015–20785 Filed 8–25–15; 8:45 am]           signed Preliminary Decision
                                               the Act, we will notify the ITC of our                  BILLING CODE 3510–DS–P
                                                                                                                                                             Memorandum and the electronic
                                               determination. In addition, we are                                                                            version of the Preliminary Decision
                                               making available to the ITC all non-                                                                          Memorandum are identical in content.
                                               privileged and non-proprietary                          DEPARTMENT OF COMMERCE                                Scope of the Investigation
                                               information related to this investigation.
                                               We will allow the ITC access to all                     International Trade Administration                       The product covered by this
                                               privileged and business proprietary                                                                           investigation is uncoated paper from
                                               information in our files, provided the                  [A–471–807]
                                                                                                                                                             Portugal. For a full description of the
                                               ITC confirms that it will not disclose                                                                        scope of this investigation, see the
                                               such information, either publicly or                    Certain Uncoated Paper From                           ‘‘Scope of the Investigation,’’ in
                                               under an administrative protective order                Portugal: Preliminary Determination of                Appendix I.
                                               (‘‘APO’’), without the written consent of               Sales at Less Than Fair Value and                     Scope Comments
                                               the Assistant Secretary for Enforcement                 Postponement of Final Determination
                                               and Compliance.                                                                                                 Certain interested parties commented
                                                                                                       AGENCY:   Enforcement and Compliance,                 on the scope of the investigation as it
                                               Return or Destruction of Proprietary                    International Trade Administration,                   appeared in the Initiation Notice. For
                                               Information                                             Department of Commerce.                               discussion of those comments, see the
                                                 In the event that the ITC issues a final              SUMMARY: The Department of Commerce
                                                                                                                                                             Preliminary Decision Memorandum.3
                                               negative injury determination, this                     (the ‘‘Department’’) preliminarily                    Postponement of Deadline for
                                               notice will serve as the only reminder                  determines that certain uncoated paper                Preliminary Determination
                                               to parties subject to an APO of their                   from Portugal is being, or is likely to be,
                                               responsibility concerning the                                                                                   On May 18, 2015, Petitioners 4
                                                                                                       sold in the United States at less than fair
                                               destruction of proprietary information                                                                        submitted a timely request for a 50-day
                                                                                                       value (‘‘LTFV’’), as provided in section
                                               disclosed under APO in accordance                       733(b) of the Tariff Act of 1930, as                     1 See Certain Uncoated Paper From Australia,
                                               with 19 CFR 351.305(a)(3). Timely                       amended (‘‘the Act’’). The period of                  Brazil, the People’s Republic of China, Indonesia,
                                               written notification of the return/                     investigation (‘‘POI’’) is January 1, 2014,           and Portugal: Initiation of Less-Than-Fair-Value
                                               destruction of APO materials or                         through December 31, 2014. The                        Investigations, 80 FR 8608 (February 18, 2015)
                                               conversion to judicial protective order is                                                                    (‘‘Initiation Notice’’).
                                                                                                       estimated weighted-average dumping                       2 See Memorandum from Christian Marsh, Deputy
                                               hereby requested. Failure to comply                     margins of sales at LTFV are shown in                 Assistant Secretary for Antidumping and
                                               with the regulations and terms of an                    the ‘‘Preliminary Determination’’                     Countervailing Duty Operations, to Paul Piquado,
                                               APO is a violation which is subject to                  section of this notice. Interested parties            Assistant Secretary for Enforcement and
                                               sanction.                                                                                                     Compliance ‘‘Decision Memorandum for the
                                                                                                       are invited to comment on this                        Preliminary Determination in the Antidumping
                                                 This determination is issued and                      preliminary determination.                            Duty Investigation of Certain Uncoated Paper from
                                               published pursuant to sections 705(d)                                                                         Portugal’’ (‘‘Preliminary Decision Memorandum’’),
                                                                                                       DATES: Effective Date: August 26, 2015.
                                               and 777(i) of the Act.                                                                                        dated concurrently with this notice.
                                                                                                       FOR FURTHER INFORMATION CONTACT:                         3 See also Memorandum from Erin Begnal,
                                                 Dated: August 14, 2015.
                                                                                                       Kabir Archuletta, AD/CVD Operations,                  Director, Office III, to Ronald K. Lorentzen, Acting
                                               Ronald K. Lorentzen,
rmajette on DSK7SPTVN1PROD with NOTICES




                                                                                                       Office V, Enforcement and Compliance,                 Assistant Secretary for Enforcement and
                                               Acting Assistant Secretary for Enforcement              International Trade Administration,                   Compliance ‘‘Scope Comments Decision
                                               and Compliance.                                                                                               Memorandum for the Preliminary Determinations’’
                                                                                                       U.S. Department of Commerce, 14th                     (August 3, 2015).
                                               Appendix—List of Topics Discussed in                    Street and Constitution Avenue NW.,                      4 Petitioners are United Steel, Paper and Forestry,

                                               the I&D Memo                                            Washington, DC 20230; telephone: (202)                Rubber, Manufacturing, Energy, Allied Industrial
                                                                                                       482–2593.                                             and Service Workers International Union; Domtar
                                               Comment I: Whether State Ownership Makes                                                                      Corporation; Finch Paper LLC; P.H. Glatfelter
                                                  an Entity a Government Authority                     SUPPLEMENTARY INFORMATION:                                                                        Continued




                                          VerDate Sep<11>2014   14:29 Aug 25, 2015   Jkt 235001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\26AUN1.SGM   26AUN1


                                               51778                      Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices

                                               postponement of the preliminary                                                                  Weighted-    (2) a brief summary of the argument;
                                               determination in this investigation                                                               average     and (3) a table of authorities.
                                               pursuant to section 733(c)(1)(A) of the                       Exporter/manufacturer              dumping        Pursuant to 19 CFR 351.310(c),
                                                                                                                                                  margin
                                               Act and 19 CFR 351.205(e).5 On June 1,                                                           (percent)    interested parties who wish to request a
                                               2015, we postponed the preliminary                                                                            hearing must submit a written request to
                                               determination by 50 days.6 As a result                  Portucel S.A. ...............................   29.53 the Assistant Secretary for Enforcement
                                               of the postponement, the revised                        All Others .................................... 29.53 and Compliance, U.S. Department of
                                               deadline for the preliminary                                                                                  Commerce. All documents must be filed
                                               determination of this investigation is                  Suspension of Liquidation                             electronically using ACCESS. An
                                               now August 19, 2015.                                                                                          electronically-filed request must be
                                                                                                          In accordance with section 733(d)(2)               received successfully in its entirety by
                                               Methodology                                             of the Act, we are directing U.S.                     ACCESS by 5:00 p.m. Eastern Standard
                                                                                                       Customs and Border Protection (‘‘CBP’’) Time, within 30 days after the date of
                                                  The Department is conducting this                    to suspend liquidation of all entries of              publication of this notice.9 Requests
                                               investigation in accordance with section                uncoated paper from Portugal, as                      should contain the party’s name,
                                               731 of the Act. There is one mandatory                  described in the Preliminary Decision                 address, and telephone number, the
                                               respondent participating in this                        Memorandum, entered, or withdrawn                     number of participants, and a list of the
                                               investigation, Portucel S.A.                            from warehouse, for consumption on or issues to be discussed. If a request for
                                               (‘‘Portucel’’). Export price for this                   after the date of publication of this                 a hearing is made, the Department
                                               company is calculated in accordance                     notice in the Federal Register.                       intends to hold the hearing at the U.S.
                                               with section 772 of the Act. Normal                        In accordance with 19 CFR                          Department of Commerce, 14th Street
                                               value (‘‘NV’’) is calculated in                         351.205(d), the Department will instruct and Constitution Avenue NW.,
                                               accordance with section 773 of the Act.                 CBP to require a cash deposit equal to                Washington, DC 20230, at a time and
                                               For a full description of the                           the preliminary weighted-average                      date to be determined. Parties should
                                               methodology underlying our                              amount by which normal value exceeds confirm by telephone the date, time, and
                                               preliminary conclusions, see the                        U.S. price, as indicated in the chart                 location of the hearing two days before
                                               Preliminary Decision Memorandum.                        above.7 These suspension of liquidation the scheduled date.
                                                                                                       instructions will remain in effect until              Postponement of Final Determination
                                               All-Others Rate
                                                                                                       further notice.                                       and Extension of Provisional Measures
                                                 Consistent with sections                              Disclosure
                                               733(d)(1)(A)(ii) and 735(c)(5) of the Act,                                                                       Section 735(a)(2) of the Act provides
                                               the Department also calculated an                         We will disclose the calculations                   that a final determination may be
                                               estimated all-others rate. Section                      performed to interested parties in this               postponed until not later than 135 days
                                                                                                       proceeding within five days of the date               after the date of the publication of the
                                               735(c)(5)(A) of the Act provides that the
                                                                                                       of publication of this notice in                      preliminary determination if, in the
                                               estimated all-others rate shall be an
                                                                                                       accordance with 19 CFR 351.224(b).                    event of an affirmative preliminary
                                               amount equal to the weighted average of
                                                                                                                                                             determination, a request for such
                                               the estimated weighted-average                          Verification                                          postponement is made by exporters who
                                               dumping margins established for                                                                               account for a significant proportion of
                                               exporters and producers individually                      As provided in section 782(i) of the                exports of the subject merchandise, or in
                                               investigated, excluding any zero and de                 Act, we intend to verify information                  the event of a negative preliminary
                                               minimis margins, and any margins                        relied upon in making our final                       determination, a request for such
                                               determined entirely under section 776                   determination.                                        postponement is made by Petitioners. 19
                                               of the Act.                                                                                                   CFR 351.210(e)(2) requires that requests
                                                                                                       Public Comment
                                                 Portucel is the only respondent for                                                                         by respondents for postponement of a
                                               which the Department calculated a                         Interested parties are invited to                   final antidumping determination be
                                               company-specific rate. Therefore, for                   comment on this preliminary                           accompanied by a request for extension
                                               purposes of determining the ‘‘all others’’              determination. Case briefs or other                   of provisional measures from a four-
                                               rate and pursuant to section                            written comments may be submitted to                  month period to a period not more than
                                               735(d)(5)(A) of the Act, we are using the               the Assistant Secretary for Enforcement               six months in duration.
                                               dumping margin calculated for Portucel,                 and Compliance no later than seven                       On July 30, 2015, pursuant to 19 CFR
                                               as referenced in the ‘‘Preliminary                      days after the date on which the final                351.210(b) and (e), Portucel requested
                                               Determination’’ section below.                          verification report is issued in this                 that, contingent upon an affirmative
                                                                                                       proceeding, and rebuttal briefs, limited              preliminary determination of sales at
                                               Preliminary Determination                               to issues raised in case briefs, may be               LTFV for Portucel, the Department
                                                                                                       submitted no later than five days after               postpone the final determination and
                                                 The Department preliminarily                          the deadline date for case briefs.8                   that provisional measures be extended
                                               determines that the following weighted-                 Pursuant to 19 CFR 351.309(c)(2) and                  to a period not to exceed six months.10
                                               average dumping margins exist:                          (d)(2), parties who submit case briefs or             In addition, Petitioners requested that
                                                                                                       rebuttal briefs in this proceeding are                the Department postpone its final
                                               Company; and Packaging Corporation of America           encouraged to submit with each                        determination in accordance with 19
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                                               (collectively ‘‘Petitioners’’).
                                                 5 See Letter to the Secretary of Commerce from
                                                                                                       argument: (1) A statement of the issue;               CFR 351.210(b)(2)(i).11
                                               Petitioners ‘‘Request For Postponement Of The
                                                                                                                                                               9 See 19 CFR 351.310(c).
                                               Preliminary Determination’’ (May 18, 2015).               7 See Modification of Regulations Regarding the
                                                 6 See Certain Uncoated Paper from Australia,          Practice of Accepting Bonds During the Provisional      10 See Letter to the Secretary of Commerce from
                                               Brazil, the People’s Republic of China, Indonesia,      Measures Period in Antidumping and                    Portucel ‘‘Request for Postponement of Final
                                               and Portugal: Postponement of Preliminary               Countervailing Duty Investigations, 76 FR 61042       Determination’’ (July 30, 2015).
                                               Determinations of Antidumping Duty                      (October 3, 2011).                                      11 See Letter to the Secretary of Commerce from

                                               Investigations, 80 FR 31017 (June 1, 2015).               8 See 19 CFR 351.309.                               Petitioners ‘‘Petitioners’ Comments on the



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                                                                          Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices                                                 51779

                                                  In accordance with section                           scope definition; (b) uncoated ground wood            DEPARTMENT OF COMMERCE
                                               735(a)(2)(A) of the Act and 19 CFR                      paper produced from bleached chemi-
                                               351.210(b)(2)(ii), because (1) our                      thermo-mechanical pulp (BCTMP) that meets             International Trade Administration
                                               preliminary determination is                            this scope definition; and (c) any other
                                                                                                       uncoated paper that meets this scope                  [A–570–018]
                                               affirmative; (2) the requesting exporters
                                               account for a significant proportion of                 definition regardless of the type of pulp used
                                                                                                                                                             Boltless Steel Shelving Units
                                                                                                       to produce the paper.
                                               exports of the subject merchandise; and                                                                       Prepackaged for Sale From the
                                                                                                         Specifically excluded from the scope are
                                               (3) no compelling reasons for denial                                                                          People’s Republic of China: Final
                                                                                                       (1) paper printed with final content of
                                               exist, we are postponing the final                      printed text or graphics and (2) lined paper          Determination of Sales at Less Than
                                               determination and extending the                         products, typically school supplies,                  Fair Value
                                               provisional measures from a four-month                  composed of paper that incorporates straight
                                               period to a period not greater than six                                                                       AGENCY:   Enforcement and Compliance,
                                                                                                       horizontal and/or vertical lines that would
                                               months. Accordingly, we will make our                                                                         International Trade Administration,
                                                                                                       make the paper unsuitable for copying or
                                               final determination no later than 135                                                                         Department of Commerce.
                                                                                                       printing purposes.
                                               days after the date of publication of this                Imports of the subject merchandise are              SUMMARY: The Department of Commerce
                                               preliminary determination, pursuant to                  provided for under Harmonized Tariff                  (‘‘Department’’) determines that boltless
                                               section 735(a)(2) of the Act.12                         Schedule of the United States (HTSUS)                 steel shelving units prepackaged for sale
                                                                                                       categories 4802.56.1000, 4802.56.2000,                from the People’s Republic of China
                                               International Trade Commission                                                                                (‘‘PRC’’) are being, or are likely to be,
                                                                                                       4802.56.3000, 4802.56.4000, 4802.56.6000,
                                               (‘‘ITC’’) Notification                                  4802.56.7020, 4802.56.7040, 4802.57.1000,             sold in the United States at less than fair
                                                  In accordance with section 733(f) of                 4802.57.2000, 4802.57.3000, and                       value (‘‘LTFV’’), as provided in section
                                               the Act, we are notifying the ITC of our                4802.57.4000. Some imports of subject                 735 of the Tariff Act of 1930, as
                                               affirmative preliminary determination of                merchandise may also be classified under              amended (‘‘the Act’’). The final
                                               sales at LTFV. If our final determination               4802.62.1000, 4802.62.2000, 4802.62.3000,             weighted-average dumping margins for
                                               is affirmative, the ITC will determine                  4802.62.5000, 4802.62.6020, 4802.62.6040,             the investigation on boltless steel
                                               before the later of 120 days after the date             4802.69.1000, 4802.69.2000, 4802.69.3000,             shelving units from the PRC are listed
                                               of this preliminary determination or 45                 4811.90.8050 and 4811.90.9080. While                  in the ‘‘Final Determination Margins’’
                                               days after our final determination                      HTSUS subheadings are provided for                    section, infra.
                                               whether these imports are materially                    convenience and customs purposes, the
                                                                                                       written description of the scope of the               DATES: Effective Date: August 26, 2015.
                                               injuring, or threaten material injury to,                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                       investigation is dispositive.
                                               the U.S. industry.                                                                                            Kabir Archuletta or Irene Gorelik, AD/
                                                  This determination is issued and
                                                                                                       Appendix II                                           CVD Operations, Office V, Enforcement
                                               published in accordance with sections
                                                                                                                                                             and Compliance, International Trade
                                               733(f) and 777(i)(1) of the Act and 19                  List of Topics Discussed in the Preliminary           Administration, U.S. Department of
                                               CFR 351.205(c).                                         Decision Memorandum                                   Commerce, 14th Street and Constitution
                                                 Dated: August 19, 2015.                               1. Summary                                            Avenue NW., Washington, DC 20230;
                                               Paul Piquado,                                           2. Background                                         telephone: (202) 482–2593 or (202) 482–
                                               Assistant Secretary for Enforcement and                 3. Period of Investigation                            6905, respectively.
                                               Compliance.                                             4. Postponement of Final Determination and            SUPPLEMENTARY INFORMATION:
                                                                                                            Extension of Provisional Measures
                                               Appendix I                                                                                                    Background
                                                                                                       5. Scope Comments
                                                  The merchandise covered by this                      6. Affiliation and Collapsing                            On April 1, 2015, the Department
                                               investigation includes uncoated paper in                7. Discussion of Methodology                          published its Preliminary
                                               sheet form; weighing at least 40 grams per                 A. Determination of the Comparison
                                                                                                                                                             Determination.1 On April 17, 2015, we
                                               square meter but not more than 150 grams                     Method
                                                                                                                                                             published an Amended Preliminary
                                               per square meter; that either is a white paper             B. Results of the Differential Pricing
                                                                                                            Analysis
                                                                                                                                                             Determination and postponement of the
                                               with a GE brightness level 13 of 85 or higher
                                                                                                       8. Date of Sale                                       final determination.2 We invited
                                               or is a colored paper; whether or not surface-
                                               decorated, printed (except as described                 9. Product Comparisons                                interested parties to comment on our
                                               below), embossed, perforated, or punched;               10. Constructed Export Price                          Preliminary Determination of sales at
                                               irrespective of the smoothness of the surface;          11. Excluded U.S. Sales                               LTFV and Amended Preliminary
                                               and irrespective of dimensions (Certain                 12. Normal Value                                      Determination. For a list of the parties
                                               Uncoated Paper).                                           A. Home Market Viability                           that filed case and rebuttal briefs, see
                                                  Certain Uncoated Paper includes (a)                     B. Affiliated Party Transactions and Arm’s-        the Issues and Decision Memorandum.3
                                               uncoated free sheet paper that meets this                    Length Test
                                                                                                                                                               1 See Boltless Steel Shelving Units Prepackaged
                                                                                                          C. Level of Trade
                                               Extension of the Final Determination’’ (July 31,           D. Cost of Production Analysis                     for Sale from the People’s Republic of China:
                                               2015).                                                                                                        Preliminary Determination of Sales at Less Than
                                                  12 See also 19 CFR 351.210(e).
                                                                                                       1. Calculation of COP                                 Fair Value, 80 FR 17409 (April 1, 2015)
                                                  13 One of the key measurements of any grade of
                                                                                                       2. Test of Comparison Market Sales Prices             (Preliminary Determination).
                                               paper is brightness. Generally speaking, the brighter   3. Results of the COP Test                              2 See Boltless Steel Shelving Units Prepackaged

                                               the paper the better the contrast between the paper        E. Calculation of NV Based on Comparison-          for Sale From the People’s Republic of China:
                                               and the ink. Brightness is measured using a GE               Market Prices                                    Amended Preliminary Determination of Sales at
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                                               Reflectance Scale, which measures the reflection of     13. Facts Available                                   Less Than Fair Value and Postponement of Final
                                               light off a grade of paper. One is the lowest                                                                 Determination, 80 FR 21207 (April 17, 2015)
                                                                                                          A. Use of Facts Available
                                               reflection, or what would be given to a totally black                                                         (Amended Preliminary Determination).
                                               grade, and 100 is the brightest measured grade.
                                                                                                          B. Application of Facts Available with an            3 See Memorandum from Christian Marsh, Deputy

                                               ‘‘Colored paper’’ as used in this scope definition           Adverse Inference                                Assistant Secretary for Antidumping and
                                               means a paper with a hue other than white that          14. Currency Conversion                               Countervailing Duty Operations, to Ronald K.
                                               reflects one of the primary colors of magenta,                                                                Lorentzen, Acting Assistant Secretary for
                                               yellow, and cyan (red, yellow, and blue) or a           [FR Doc. 2015–21183 Filed 8–25–15; 8:45 am]           Enforcement and Compliance, ‘‘Issues and Decision
                                               combination of such primary colors.                     BILLING CODE 3510–DS–P                                                                        Continued




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Document Created: 2015-12-15 10:58:30
Document Modified: 2015-12-15 10:58:30
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
ContactKabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2593.
FR Citation80 FR 51777 

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