80_FR_63737 80 FR 63535 - Supercalendered Paper From Canada: Final Affirmative Countervailing Duty Determination

80 FR 63535 - Supercalendered Paper From Canada: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63535-63537
FR Document2015-26634

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of supercalendered paper (SC paper) from Canada. The period of investigation is January 1, 2014, through December 31, 2014.

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Pages 63535-63537]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26634]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-854]


Supercalendered Paper From Canada: Final Affirmative 
Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of supercalendered paper (SC paper) from Canada. The period of 
investigation is January 1, 2014, through December 31, 2014.

DATES: Effective Date: October 20, 2015.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or David Neubacher, 
AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1391 and (202) 482-5823, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The petitioner in this investigation is the Coalition for Fair 
Paper Imports. The Coalition for Fair Paper Imports is composed of 
Madison Paper Industries and Verso Corporation. In addition to the 
Government of Canada, the mandatory respondents in this investigation 
are (1) Port Hawkesbury Paper LP, 6879900 Canada Inc., Port Hawkesbury 
Investments Ltd., Port Hawkesbury Paper GP, Port Hawkesbury Paper 
Holdings Ltd., Port Hawkesbury Paper Inc., and Pacific West Commercial 
Corporation (collectively, Port Hawkesbury); and (2) Resolute FP Canada 
Inc., Fibrek General Partnership, Forest Products Mauricie LP, Produits 
Forestiers Petit-Paris Inc., and Soci[eacute]t[eacute] en Commandite 
Scierie Opitciwan (collectively, Resolute).

Case History

    The events that have occurred since the Department published the 
Preliminary Determination \1\ on August 3, 2015, are discussed in the 
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and is available to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and

[[Page 63536]]

Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------

    \1\ See Supercalendered Paper from Canada: Preliminary 
Affirmative Countervailing Duty Determination, 80 FR 45951 (August 
3, 2015) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, regarding ``Decision Memorandum for the Final 
Determination in the Countervailing Duty Investigation of 
Supercalendered Paper from Canada,'' dated concurrently with this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Methodology

    The Department conducted this countervailing duty investigation in 
accordance with section 701 of the Tariff Act of 1930, as amended (the 
Act). The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum, which is hereby 
adopted by this notice. A list of the issues that parties have raised, 
and to which we responded in the Issues and Decision Memorandum, is 
attached to this notice as Appendix 2. Based on our analysis of the 
comments received and our findings at verification, we made certain 
changes to the respondents' subsidy rate calculations since the 
Preliminary Determination.
    For this determination, we have relied partially on facts available 
for Resolute. Further, we have drawn an adverse inference in selecting 
from among the facts otherwise available to calculate the ad valorem 
rate for Resolute, because the company did not act to the best of its 
ability when responding to the Department's request for information.\3\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \3\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for each individually investigated respondent 
company. Section 705(c)(5)(A)(i) of the Act states that, for companies 
not individually investigated, we will determine an ``all others'' rate 
equal to the weighted-average countervailable subsidy rates established 
for exporters and producers individually investigated, excluding any 
zero and de minimis countervailable subsidy rates, and any rates 
determined entirely under section 776 of the Act.
    Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, 
we have calculated the ``all others'' rate as a weighted average of the 
rates of Port Hawkesbury and Resolute, using the publicly ranged values 
for each company's exports of subject merchandise to the United States 
to calculate the weighted average, because to use the actual sales 
values risks disclosure of proprietary information.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum to the File, ``Calculation of the All Others 
Rate for the Final Determination in the Countervailing Duty 
Investigation of Supercalendered Paper from Canada,'' (October 13, 
2015).
---------------------------------------------------------------------------

    We determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Port Hawkesbury.............................................       20.18
Resolute....................................................       17.87
All Others..................................................       18.85
------------------------------------------------------------------------

    As a result of our Preliminary Determination, and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of subject 
merchandise from Canada that were entered or withdrawn from warehouse, 
for consumption on or after August 3, 2013, the date of publication of 
the Preliminary Determination in the Federal Register, and to collect 
cash deposits of estimated countervailing duty at the rates determined 
in the Preliminary Determination.
    In accordance with section 705(c)(1)(B)(ii) of the Act, we are 
directing CBP to continue to suspend liquidation of all imports of the 
subject merchandise from Canada that are entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. The suspension of liquidation 
instructions will remain in effect until further notice. We are also 
directing CBP to collect cash deposit of estimated countervailing duty 
at the rates identified above.
    We will issue a countervailing duty order pursuant to section 
706(a) of the Act if the United States International Trade Commission 
(ITC) issues a final affirmative injury determination. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: October 13, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix 1

Scope of the Investigation

    The merchandise covered by this investigation is supercalendered 
paper (SC paper). SC paper is uncoated paper that has undergone a 
calendering process in which the base sheet, made of pulp and filler 
(typically, but not limited to, clay, talc, or other mineral 
additive), is processed through a set of supercalenders, a 
supercalender, or a soft nip calender operation.\1\
---------------------------------------------------------------------------

    \1\ Supercalendering and soft nip calendering processing, in 
conjunction with the mineral filler contained in the base paper, are 
performed to enhance the surface characteristics of the paper by 
imparting a smooth and glossy printing surface. Supercalendering and 
soft nip calendering also increase the density of the base paper.
---------------------------------------------------------------------------

    The scope of this investigation covers all SC paper regardless 
of basis weight, brightness, opacity, smoothness, or grade, and 
whether in rolls or in sheets. Further, the scope covers all SC 
paper that meets the scope definition regardless of the type of pulp 
fiber or filler material used to produce the paper.
    Specifically excluded from the scope are imports of paper 
printed with final content of printed text or graphics.
    Subject merchandise primarily enters under Harmonized Tariff 
Schedule of the United States (HTSUS) subheading 4802.61.3035, but 
may also enter under subheadings 4802.61.3010, 4802.62.3000, 
4802.62.6020, and 4802.69.3000. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the

[[Page 63537]]

written description of the scope of the investigation is 
dispositive.

Appendix 2

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
    a. Period of Investigation
    b. Allocation Period
    c. Attribution of Subsidies
    d. Denominators
    e. Loan Interest Rate Benchmarks and Discount Rates
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
    a. Programs Determined to be Countervailable
    b. Programs Determined To Be Not Used or Not to Confer a Benefit 
During the POI
    c. Program Determined To Be Not Countervailable
VII. Analysis of Comments
    Comment 1: The Department's Selection of Mandatory and Voluntary 
Respondents
    Comment 2: The Calculation of the All Other's Rate
    Comment 3: Whether the Department Should Allow Irving to Post 
Bonds Until the Final Results of an Expedited Review
    Comment 4: Whether Port Hawkesbury is Creditworthy
    Comment 5: Whether the GNS' Hot Idle Funding is Extinguished
    Comment 6: Whether the GNS' FIF Funding is Extinguished
    Comment 7: Whether Assistance Under the Outreach Agreement is 
Countervailable
    Comment 8: Whether Port Hawkesbury's Private Stumpage Purchases 
Provide an Appropriate Benchmark for Port Hawkesbury's Crown 
Stumpage Purchases
    Comment 9: Land for MTAR
    Comment 10 Whether the NSUARB is an Authority
    Comment 11: Whether the Government Entrusted or Directed NSPI to 
Provide a Financial Contribution
    Comment 12: Whether to Use a Tier 1 Benchmark
    Comment 13: Whether the Port Hawkesbury LRR is based on Market 
Principles
    Comment 14: Whether Steam for LTAR Provides a Countervailable 
Subsidy
    Comment 15: Whether the Property Tax Reduction in Richmond 
County Provides a Countervailable Subsidy
    Comment 16: Whether the PWCC Indemnity Loan Program Should be 
Excluded from Port Hawkesbury's Cash Deposit Rate
    Comment 17: Whether to Apply AFA to Resolute
    Comment 18: Whether the Support for the Forest Industry Program 
(Investissement Qu[eacute]bec Loans) Provides Countervailable 
Subsidies to Resolute's SC Paper Production
    Comment 19: Whether Certain Programs Provides Countervailable 
Subsidies to Resolute's SC Paper Production
    Comment 20: Whether Subsidies are Extinguished by Changes in 
Ownership
VIII. Conclusion
Appendix I: Acronym and Abbreviation Table
Appendix II: Litigation Table
Appendix III: Administrative Determinations and Notices Table
Appendix IV: Case-Related Documents
Appendix V: Miscellaneous Table (Regulatory, Statutory, Articles, 
etc.)

[FR Doc. 2015-26634 Filed 10-19-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices                                                 63535

                                                  and the Trade Promotion Coordinating                    Senior Executive Service (SES) members                Canada. The period of investigation is
                                                  Committee (TPCC). ETTAC was                             and (2) making recommendations to the                 January 1, 2014, through December 31,
                                                  originally chartered in May of 1994. It                 appointing authority on other                         2014.
                                                  was most recently re-chartered until                    performance management issues, such                   DATES: Effective Date: October 20, 2015.
                                                  August 2016.                                            as pay adjustments, bonuses and                       FOR FURTHER INFORMATION CONTACT:
                                                    Dated: October 14, 2015.                              Presidential Rank Awards for SES                      Dana Mermelstein or David Neubacher,
                                                  Edward A. O’Malley,                                     members. The appointment of these                     AD/CVD Operations, Enforcement and
                                                  Office Director, Office of Energy and
                                                                                                          members to the Performance Review                     Compliance, International Trade
                                                  Environmental Industries.                               Board will be for a period of twenty-four             Administration, U.S. Department of
                                                  [FR Doc. 2015–26526 Filed 10–19–15; 8:45 am]
                                                                                                          (24) months.                                          Commerce, 14th Street and Constitution
                                                  BILLING CODE 3510–DR–P                                  DATES: The period of appointment for                  Avenue NW., Washington, DC 20230;
                                                                                                          those individuals selected for ITA’s                  telephone: (202) 482–1391 and (202)
                                                                                                          Performance Review Board begins on                    482–5823, respectively.
                                                  DEPARTMENT OF COMMERCE                                  October 20, 2015. The name, position                  SUPPLEMENTARY INFORMATION:
                                                                                                          title, and type of appointment of each
                                                  International Trade Administration                      member of ITA’s Performance Review                    Background
                                                                                                          Board are set forth below by                            The petitioner in this investigation is
                                                  Membership of the International Trade                   organization:                                         the Coalition for Fair Paper Imports. The
                                                  Administration Performance Review                                                                             Coalition for Fair Paper Imports is
                                                  Board                                                   Department of Commerce, International                 composed of Madison Paper Industries
                                                                                                          Trade Administration (ITA)
                                                  AGENCY:  International Trade                                                                                  and Verso Corporation. In addition to
                                                  Administration, Department of                           Praveen M. Dixit, Deputy Assistant                    the Government of Canada, the
                                                  Commerce.                                                 Secretary for Trade Policy and                      mandatory respondents in this
                                                  ACTION: Notice of membership on the                       Analysis, Career SES (New Member)                   investigation are (1) Port Hawkesbury
                                                  International Trade Administration’s                    Christian Marsh, Deputy Assistant                     Paper LP, 6879900 Canada Inc., Port
                                                  Performance Review Board.                                 Secretary for AD/CVD Operations,                    Hawkesbury Investments Ltd., Port
                                                                                                            Career SES (New Member)                             Hawkesbury Paper GP, Port Hawkesbury
                                                  SUMMARY:   In accordance with 5 U.S.C.                  Jennifer L. Pilat, Director, Advocacy                 Paper Holdings Ltd., Port Hawkesbury
                                                  § 4314(c)(4), the International Trade                     Center, Non-Career SES, Political                   Paper Inc., and Pacific West Commercial
                                                  Administration (ITA), Department of                       Advisor, (New Member)                               Corporation (collectively, Port
                                                  Commerce (DOC), announces the                           Timothy Rosado, Chief Financial and                   Hawkesbury); and (2) Resolute FP
                                                  appointment of those individuals who                      Administrative Officer, Career SES,                 Canada Inc., Fibrek General Partnership,
                                                  have been selected to serve as members                    Chairperson                                         Forest Products Mauricie LP, Produits
                                                  of ITA’s Performance Review Board.                                                                            Forestiers Petit-Paris Inc., and Société
                                                  The Performance Review Board is                         Department of Commerce, Office of the
                                                                                                                                                                en Commandite Scierie Opitciwan
                                                  responsible for (1) reviewing                           Secretary (OS), Office of the Chief
                                                                                                                                                                (collectively, Resolute).
                                                  performance appraisals and rating of                    Financial Officer and Assistant
                                                  Senior Executive Service (SES) members                  Secretary for Administration (CFO/                    Case History
                                                  and (2) making recommendations to the                   ASA)                                                     The events that have occurred since
                                                  appointing authority on other                           Gay G. Shrum, Director for                            the Department published the
                                                  performance management issues, such                       Administrative Programs, Career SES                 Preliminary Determination 1 on August
                                                  as pay adjustments, bonuses and                           (New Member)                                        3, 2015, are discussed in the Issues and
                                                  Presidential Rank Awards for SES                                                                              Decision Memorandum.2 The Issues and
                                                  members. The appointment of these                       Denise A. Yaag,
                                                                                                                                                                Decision Memorandum is a public
                                                  members to the Performance Review                       Director, Office of Executive Resources, Office       document and is on file electronically
                                                  Board will be for a period of twenty-four               of Human Resources Management, Office of
                                                                                                                                                                via Enforcement and Compliance’s
                                                                                                          the Secretary/Office of the CFO/ASA,
                                                  (24) months.                                            Department of Commerce.                               Antidumping and Countervailing Duty
                                                  DATES: The period of appointment for                                                                          Centralized Electronic Service System
                                                                                                          [FR Doc. 2015–26576 Filed 10–19–15; 8:45 am]
                                                  those individuals selected for ITA’s                                                                          (ACCESS). ACCESS is available to
                                                                                                          BILLING CODE 3510–DS–P
                                                  Performance Review Board begins on                                                                            registered users at https://
                                                  October 20, 2015.                                                                                             access.trade.gov, and is available to all
                                                  FOR FURTHER INFORMATION CONTACT:                        DEPARTMENT OF COMMERCE                                parties in the Central Records Unit,
                                                  Jennifer Munz, U.S. Department of                                                                             room B8024 of the main Department of
                                                  Commerce, Office of Human Resources                     International Trade Administration                    Commerce building. In addition, a
                                                  Management, Office of Executive                                                                               complete version of the Issues and
                                                                                                          [C–122–854]
                                                  Resources, 14th and Constitution
                                                                                                                                                                  1 See Supercalendered Paper from Canada:
                                                  Avenue NW., Room 51010, Washington,                     Supercalendered Paper From Canada:                    Preliminary Affirmative Countervailing Duty
                                                  DC 20230, at (202) 482–4051.                            Final Affirmative Countervailing Duty                 Determination, 80 FR 45951 (August 3, 2015)
                                                  SUPPLEMENTARY INFORMATION: In                           Determination                                         (Preliminary Determination), and accompanying
                                                  accordance with 5 U.S.C. § 4314(c)(4),                                                                        Preliminary Decision Memorandum.
                                                                                                          AGENCY:  Enforcement and Compliance,                    2 See Memorandum from Gary Taverman,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  the International Trade Administration
                                                                                                          International Trade Administration,                   Associate Deputy Assistant Secretary for
                                                  (ITA), Department of Commerce (DOC),                                                                          Antidumping and Countervailing Duty Operations,
                                                  announces the appointment of those                      Department of Commerce.                               to Paul Piquado, Assistant Secretary for
                                                  individuals who have been selected to                   SUMMARY: The Department of Commerce                   Enforcement and Compliance, regarding ‘‘Decision
                                                  serve as members of ITA’s Performance                   (the Department) determines that                      Memorandum for the Final Determination in the
                                                                                                                                                                Countervailing Duty Investigation of
                                                  Review Board. The Performance Review                    countervailable subsidies are being                   Supercalendered Paper from Canada,’’ dated
                                                  Board is responsible for (1) reviewing                  provided to producers and exporters of                concurrently with this notice (Issues and Decision
                                                  performance appraisals and rating of                    supercalendered paper (SC paper) from                 Memorandum).



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                                                  63536                           Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices

                                                  Decision Memorandum can be accessed                        company’s exports of subject                          privileged and business proprietary
                                                  directly at http://enforcement.trade.gov/                  merchandise to the United States to                   information in our files, provided the
                                                  frn/.                                                      calculate the weighted average, because               ITC confirms that it will not disclose
                                                                                                             to use the actual sales values risks                  such information, either publicly or
                                                  Scope of the Investigation
                                                                                                             disclosure of proprietary information.4               under an administrative protective order
                                                    The product covered by this                                We determine the countervailable                    (APO), without the written consent of
                                                  investigation is SC paper. For a                           subsidy rates to be:                                  the Assistant Secretary for Enforcement
                                                  complete description of the scope of the                                                                         and Compliance.
                                                  investigation, see Appendix 1 to this                                                                 Subsidy
                                                  notice.                                                                 Company                        rate      Return or Destruction of Proprietary
                                                                                                                                                       (percent)   Information
                                                  Methodology
                                                                                                             Port Hawkesbury ........................        20.18    In the event that the ITC issues a final
                                                     The Department conducted this                           Resolute ...................................... 17.87 negative injury determination, this
                                                  countervailing duty investigation in                       All Others .................................... 18.85 notice will serve as the only reminder
                                                  accordance with section 701 of the                                                                               to parties subject to an APO of their
                                                  Tariff Act of 1930, as amended (the Act).                     As a result of our Preliminary                     responsibility concerning the
                                                  The subsidy programs under                                 Determination, and pursuant to section                destruction of proprietary information
                                                  investigation and the issues raised in                     703(d) of the Act, we instructed U.S.                 disclosed under APO in accordance
                                                  the case and rebuttal briefs by parties in                 Customs and Border Protection (CBP) to with 19 CFR 351.305(a)(3). Timely
                                                  this investigation are discussed in the                    suspend liquidation of all entries of                 written notification of the return/
                                                  Issues and Decision Memorandum,                            subject merchandise from Canada that                  destruction of APO materials or
                                                  which is hereby adopted by this notice.                    were entered or withdrawn from                        conversion to judicial protective order is
                                                  A list of the issues that parties have                     warehouse, for consumption on or after                hereby requested. Failure to comply
                                                  raised, and to which we responded in                       August 3, 2013, the date of publication               with the regulations and terms of an
                                                  the Issues and Decision Memorandum,                        of the Preliminary Determination in the               APO is a violation which is subject to
                                                  is attached to this notice as Appendix 2.                  Federal Register, and to collect cash                 sanction.
                                                  Based on our analysis of the comments                      deposits of estimated countervailing                     This determination is issued and
                                                  received and our findings at                               duty at the rates determined in the                   published pursuant to sections 705(d)
                                                  verification, we made certain changes to                   Preliminary Determination.                            and 777(i) of the Act.
                                                  the respondents’ subsidy rate                                 In accordance with section
                                                                                                                                                                      Dated: October 13, 2015.
                                                  calculations since the Preliminary                         705(c)(1)(B)(ii) of the Act, we are
                                                                                                             directing CBP to continue to suspend                  Paul Piquado,
                                                  Determination.
                                                     For this determination, we have relied                  liquidation of all imports of the subject             Assistant Secretary for Enforcement and
                                                                                                             merchandise from Canada that are                      Compliance.
                                                  partially on facts available for Resolute.
                                                  Further, we have drawn an adverse                          entered, or withdrawn from warehouse, Appendix 1
                                                  inference in selecting from among the                      for consumption on or after the date of
                                                  facts otherwise available to calculate the                 publication of this notice in the Federal Scope of the Investigation
                                                  ad valorem rate for Resolute, because                      Register. The suspension of liquidation                  The merchandise covered by this
                                                                                                             instructions will remain in effect until              investigation is supercalendered paper (SC
                                                  the company did not act to the best of                                                                           paper). SC paper is uncoated paper that has
                                                  its ability when responding to the                         further notice. We are also directing
                                                                                                                                                                   undergone a calendering process in which
                                                  Department’s request for information.3                     CBP to collect cash deposit of estimated the base sheet, made of pulp and filler
                                                  For further information, see ‘‘Use of                      countervailing duty at the rates                      (typically, but not limited to, clay, talc, or
                                                  Facts Otherwise Available and Adverse                      identified above.                                     other mineral additive), is processed through
                                                  Inferences’’ in the Issues and Decision                       We will issue a countervailing duty                a set of supercalenders, a supercalender, or
                                                  Memorandum.                                                order pursuant to section 706(a) of the               a soft nip calender operation.1
                                                                                                             Act if the United States International                   The scope of this investigation covers all
                                                  Suspension of Liquidation                                  Trade Commission (ITC) issues a final                 SC paper regardless of basis weight,
                                                     In accordance with section                              affirmative injury determination. If the              brightness, opacity, smoothness, or grade,
                                                  705(c)(1)(B)(i) of the Act, we calculated                  ITC determines that material injury, or               and whether in rolls or in sheets. Further, the
                                                                                                             threat of material injury, does not exist,            scope covers all SC paper that meets the
                                                  a rate for each individually investigated                                                                        scope definition regardless of the type of
                                                  respondent company. Section                                this proceeding will be terminated and                pulp fiber or filler material used to produce
                                                  705(c)(5)(A)(i) of the Act states that, for                all estimated duties deposited or                     the paper.
                                                  companies not individually                                 securities posted as a result of the                     Specifically excluded from the scope are
                                                  investigated, we will determine an ‘‘all                   suspension of liquidation will be                     imports of paper printed with final content
                                                  others’’ rate equal to the weighted-                       refunded or canceled.                                 of printed text or graphics.
                                                  average countervailable subsidy rates                                                                              Subject merchandise primarily enters
                                                                                                             ITC Notification                                      under Harmonized Tariff Schedule of the
                                                  established for exporters and producers
                                                  individually investigated, excluding any                     In accordance with section 705(d) of                United States (HTSUS) subheading
                                                                                                             the Act, we will notify the ITC of our                4802.61.3035, but may also enter under
                                                  zero and de minimis countervailable                                                                              subheadings 4802.61.3010, 4802.62.3000,
                                                  subsidy rates, and any rates determined                    determination. In addition, we are
                                                                                                             making available to the ITC all non-                  4802.62.6020, and 4802.69.3000. Although
                                                  entirely under section 776 of the Act.                                                                           the HTSUS subheadings are provided for
                                                                                                             privileged and non-proprietary
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     Notwithstanding the language of                                                                               convenience and customs purposes, the
                                                  section 705(c)(5)(A)(i) of the Act, we                     information related to this investigation.
                                                  have calculated the ‘‘all others’’ rate as                 We will allow the ITC access to all                     1 Supercalendering and soft nip calendering

                                                  a weighted average of the rates of Port                                                                          processing, in conjunction with the mineral filler
                                                                                                               4 See Memorandum to the File, ‘‘Calculation of      contained in the base paper, are performed to
                                                  Hawkesbury and Resolute, using the
                                                                                                             the All Others Rate for the Final Determination in    enhance the surface characteristics of the paper by
                                                  publicly ranged values for each                            the Countervailing Duty Investigation of              imparting a smooth and glossy printing surface.
                                                                                                             Supercalendered Paper from Canada,’’ (October 13,     Supercalendering and soft nip calendering also
                                                    3 See   sections 776(a) and (b) of the Act.              2015).                                                increase the density of the base paper.



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                                                                               Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices                                                 63537

                                                  written description of the scope of the                   Comment 20: Whether Subsidies are                   Redetermination Pursuant to Court
                                                  investigation is dispositive.                                Extinguished by Changes in Ownership             Remand, April 27, 2015, ECF No. 70’’
                                                                                                          VIII. Conclusion                                      (CVD Remand Redetermination), which
                                                  Appendix 2                                              Appendix I: Acronym and Abbreviation
                                                                                                                                                                dealt with the companion CWP
                                                  List of Topics Discussed in the Issues and                   Table
                                                                                                          Appendix II: Litigation Table                         countervailing duty (CVD) proceeding.3
                                                  Decision Memorandum
                                                                                                          Appendix III: Administrative Determinations           In the CVD Remand Redetermination,
                                                  I. Summary                                                                                                    the Department found ‘‘that there is no
                                                                                                               and Notices Table
                                                  II. Background                                                                                                basis for making an adjustment to the
                                                                                                          Appendix IV: Case-Related Documents
                                                  III. Scope of the Investigation
                                                  IV. Subsidies Valuation
                                                                                                          Appendix V: Miscellaneous Table                       companion AD rates under’’ 19 U.S.C.
                                                                                                               (Regulatory, Statutory, Articles, etc.)          1677f–1(f), because no party in the
                                                     a. Period of Investigation
                                                     b. Allocation Period                                 [FR Doc. 2015–26634 Filed 10–19–15; 8:45 am]          companion CVD proceeding responded
                                                     c. Attribution of Subsidies                          BILLING CODE 3510–DS–P                                to the Department’s request for
                                                     d. Denominators                                                                                            information concerning the issue of
                                                     e. Loan Interest Rate Benchmarks and                                                                       ‘‘double remedies.’’
                                                        Discount Rates                                    DEPARTMENT OF COMMERCE                                   In light of the CVD Remand
                                                  V. Use of Facts Otherwise Available and                                                                       Redetermination, we have reconsidered
                                                        Adverse Inferences                                International Trade Administration                    our finding regarding the double
                                                  VI. Analysis of Programs
                                                     a. Programs Determined to be                         [Court No. 12–00296]
                                                                                                                                                                remedies adjustment afforded to
                                                        Countervailable                                                                                         respondents in the underlying AD
                                                     b. Programs Determined To Be Not Used or             Final Redetermination Pursuant to                     proceeding, and found that there is no
                                                        Not to Confer a Benefit During the POI            Court Remand, Wheatland Tube Co. v.                   basis for making an adjustment to the
                                                     c. Program Determined To Be Not                      United States                                         AD rates under 19 U.S.C. 1677f–1(f). As
                                                        Countervailable                                                                                         such, in the draft redetermination, we
                                                  VII. Analysis of Comments                               Summary                                               denied the adjustment that we granted
                                                     Comment 1: The Department’s Selection of                                                                   the respondents in the Final
                                                        Mandatory and Voluntary Respondents                  On August 3, 2015, the U.S. Court of
                                                     Comment 2: The Calculation of the All                International Trade (CIT or Court)                    Determination Memorandum.
                                                        Other’s Rate                                      granted the request of the Department of                 The Department offered interested
                                                     Comment 3: Whether the Department                    Commerce (Department) for a voluntary                 parties an opportunity to comment on
                                                        Should Allow Irving to Post Bonds Until           remand in the above-referenced                        the Draft Remand.4 On September 23,
                                                        the Final Results of an Expedited Review          proceeding.1 The Remand Order                         2015, Plaintiff Wheatland Tube
                                                     Comment 4: Whether Port Hawkesbury is                involves a challenge to the Department’s              Company (Wheatland) and Consolidated
                                                        Creditworthy                                                                                            Plaintiff United States Steel Corporation
                                                     Comment 5: Whether the GNS’ Hot Idle
                                                                                                          final determination in a proceeding
                                                                                                          conducted under Section 129 of the                    (U.S. Steel Corporation) submitted
                                                        Funding is Extinguished                                                                                 comments on the Draft Remand.5 In
                                                     Comment 6: Whether the GNS’ FIF                      Uruguay Round Agreements Act
                                                        Funding is Extinguished                           (Section 129) related to the                          their letter, they stated the following:
                                                     Comment 7: Whether Assistance Under the              Department’s final affirmative                          We support the Department’s
                                                        Outreach Agreement is Countervailable             antidumping duty (AD) determination                   determination to ‘‘deny { } the adjustment
                                                     Comment 8: Whether Port Hawkesbury’s                 on circular welded carbon quality steel               that we granted respondents in the CWP AD
                                                        Private Stumpage Purchases Provide an             pipe (CWP) from the People’s Republic                 Section 129 determination.’’ We have no
                                                        Appropriate Benchmark for Port                                                                          other comments.6 (footnote omitted)
                                                        Hawkesbury’s Crown Stumpage
                                                                                                          of China (PRC) for the period October 1,
                                                        Purchases                                         2006, through March 31, 2007.2                          No other interested party submitted
                                                     Comment 9: Land for MTAR                                The CIT granted the Department’s                   comments.
                                                     Comment 10 Whether the NSUARB is an                  request for a voluntary remand ‘‘in light               For the reasons discussed below, our
                                                        Authority                                         of Commerce’s remand redetermination                  Draft Remand remains unchanged, and
                                                     Comment 11: Whether the Government                   in Wheatland Tube Co. v. United States,               we continue to deny the adjustment that
                                                        Entrusted or Directed NSPI to Provide a           Consol. Court No. 12–00298,                           we granted the respondents in the Final
                                                        Financial Contribution                                                                                  Determination Memorandum.
                                                     Comment 12: Whether to Use a Tier 1                    1 See Wheatland Tube Co. v. United States, Court
                                                        Benchmark                                                                                               Background
                                                                                                          No. 12–00296 (August 3, 2015) (Remand Order).
                                                     Comment 13: Whether the Port
                                                        Hawkesbury LRR is based on Market
                                                                                                            2 See Implementation of Determinations Under
                                                                                                                                                                Section 129 Proceeding
                                                                                                          Section 129 of the Uruguay Round Agreements Act:
                                                        Principles                                        Certain New Pneumatic Off-the-Road Tires; Circular       On July 22, 2008, upon final
                                                     Comment 14: Whether Steam for LTAR                   Welded Carbon Quality Steel Pipe; Laminated           affirmative determinations by the
                                                        Provides a Countervailable Subsidy                Woven Sacks; and Light-Walled Rectangular Pipe        Department and the U.S. International
                                                     Comment 15: Whether the Property Tax                 and Tube From the People’s Republic of China, 77
                                                                                                          FR 52683 (August 30, 2012) (Implementation            Trade Commission, the Department
                                                        Reduction in Richmond County Provides
                                                        a Countervailable Subsidy                         Notice); See Memorandum from Christian Marsh,         published AD and CVD orders on CWP
                                                     Comment 16: Whether the PWCC                         Deputy Assistant Secretary for Antidumping and        from the PRC.7 The Government of the
                                                                                                          Countervailing Duty Operations, to Paul Piquado,
                                                        Indemnity Loan Program Should be                  Assistant Secretary for Antidumping and                 3 See  Remand Order.
                                                        Excluded from Port Hawkesbury’s Cash              Countervailing Duty Operations, ‘‘Final                 4 See  ‘‘Draft Remand Redetermination, Wheatland
                                                        Deposit Rate                                      Determination: Section 129 Proceeding Pursuant to
                                                     Comment 17: Whether to Apply AFA to                  the WTO Appellate Body’s Findings in WTO DS379        Tube Co. v. United States, Consol. Court No. 12–
                                                        Resolute                                          Regarding the Antidumping and Countervailing          00296,’’ (September 18, 2015) (Draft Remand).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                  5 See Letter from the Domestic Interested Parties
                                                     Comment 18: Whether the Support for the              Duty Investigations of Circular Welded Carbon
                                                                                                          Quality Steel Pipe from the People’s Republic of      to the Department, ‘‘Comments On The Draft
                                                        Forest Industry Program (Investissement                                                                 Remand Redetermination, Wheatland Tube Co. v.
                                                        Québec Loans) Provides Countervailable           China,’’ (July 31, 2012) (Final Determination
                                                                                                          Memorandum); see also Notice of Final                 United States, Court No. 12–00296’’ (September 23,
                                                        Subsidies to Resolute’s SC Paper                                                                        2015).
                                                                                                          Determination of Sales at Less Than Fair Value and
                                                        Production                                        Affirmative Final Determination of Critical             6 Id. at 1.
                                                     Comment 19: Whether Certain Programs                 Circumstances: Circular Welded Carbon Quality           7 See Notice of Antidumping Duty Order: Circular
                                                        Provides Countervailable Subsidies to             Steel Pipe from the People’s Republic of China, 73    Welded Carbon Quality Steel Pipe from the People’s
                                                        Resolute’s SC Paper Production                    FR 31970 (June 5, 2008) (Final Determination).        Republic of China, 73 FR 42547 (July 22, 2008).



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Document Created: 2015-12-14 15:25:59
Document Modified: 2015-12-14 15:25:59
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
ContactDana Mermelstein or David Neubacher, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1391 and (202) 482-5823, respectively.
FR Citation80 FR 63535 

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