80 FR 77603 - Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 240 (December 15, 2015)
International Trade Administration
Federal Register Volume 80, Issue 240 (December 15, 2015)
| Page Range | 77603-77605 | |
| FR Document | 2015-31559 |
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)] [Notices] [Pages 77603-77605] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31559] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-958] Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 23, 2015, the United States Court of International Trade (``CIT'') issued its final judgment \1\ sustaining the Department of Commerce's (the ``Department'') final results of redetermination \2\ issued pursuant to the CIT's remand order in Gold East Paper (Jiangsu) Co. v. United States, Court No. 10-00371, Slip Op. 15-37 (CIT 2015) (``Gold East III''), with respect to the Department's amended final determination \3\ of the antidumping duty investigation of certain coated paper suitable for high-quality print graphics using sheet-fed presses (``coated paper'') from the People's Republic of China. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's Final Determination and is amending the Final Determination with respect to the dumping margin determined for Gold East Paper (Jiangsu) Co., Ltd., Gold Huasheng Paper Co., Ltd., Gold East [[Page 77604]] (Hong Kong) Trading Co., Ltd., Ningbo Zhonghua Paper Co., Ltd., Ningbo Asia Pulp and Paper Co., Ltd. (collectively, ``APP-China''), exporters and producers of subject merchandise. --------------------------------------------------------------------------- \1\ See Gold East Paper (Jiangsu) Co. v. United States, Court No. 10-00371, Slip Op. 15-131 (CIT November 23, 2015) (``Gold East IV''). \2\ See Final Results of Redetermination Pursuant to Court Remand, Gold East Paper (Jiangsu) Co. v. United States, Court No. 10-00371, Slip Op. 15-37 (CIT 2015), dated July 10, 2015 (``Remand Redetermination III''). \3\ See Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 75 FR 59217 (September 27, 2010), as amended by Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Order, 75 FR 70203 (November 17, 2010), (collectively, ``Final Determination''). --------------------------------------------------------------------------- DATES: Effective Date: December 3, 2015. FOR FURTHER INFORMATION CONTACT: Eve Wang, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6231. SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final Determination, APP-China filed a complaint with the CIT challenging aspects of the methodology used to determine its dumping margin in the Final Determination. On June 17, 2013, the CIT issued Gold East I, instructing the Department to re-visit its decision on multiple issues in the underlying investigation.\4\ On January 13, 2014, the Department issued its Remand Redetermination I.\5\ Consistent with the CIT's instructions in Gold East I, the Department (1) recalculated the value of certain inputs using only market economy purchase (``MEP'') prices, (2) used prices from Korea and Thailand for purposes of valuing certain other inputs; (3) corrected certain programming errors in the targeted dumping calculation; (4) continued to classify certain of APP-China's sales as export price (``EP''), and (5) applied the average-to-average methodology to all of APP-China's sales.\6\ --------------------------------------------------------------------------- \4\ See Gold East Paper (Jiangsu) Co. v. United States, 918 F. Supp. 2d 1317 (CIT 2013) (``Gold East I''). \5\ See Final Results of Redetermination Pursuant to Court Remand, Gold East Paper (Jiangsu) Co. v. United States, Court Order No. 10-00371, Slip Op. 13-74 (CIT 2013), dated January 13, 2014 (``Remand Redetermination I'') \6\ See Remand Redetermination I at 2. --------------------------------------------------------------------------- On July 2, 2014, the CIT sustained in part, and remanded in part the Department's first remand redetermination.\7\ On November 26, 2014, the Department issued its Remand Redetermination II.\8\ Pursuant to the CIT's instructions in Gold East II, the Department used APP-China's prices for inputs from Thailand and did not use APP-China's prices for inputs from South Korea to calculate its dumping margin.\9\ Additionally, the Department continued to apply the average-to-average methodology without zeroing to all of APP-China's sales.\10\ --------------------------------------------------------------------------- \7\ See Gold East Paper (Jiangsu) Co. v. United States, 991 F. Supp. 2d 1357 (CIT 2014) (``Gold East II''). \8\ See Final Results of Redetermination Pursuant to Court Remand, Gold East Paper (Jiangsu) Co. v. United States, Court Order No. 10-00371, Slip Op. 14-79 (CIT 2014), dated November 26, 2014 (``Remand Redetermination II''). \9\ Id. \10\ Id. --------------------------------------------------------------------------- On April 22, 2015, the CIT issued its decision in Gold East III, in which it remanded the Department's conclusion that no information generally available to it at the time of the Final Determination supports a finding that the MEP prices for certain inputs from Thailand during the period of investigation may have been distorted because of countervailable export subsidies.\11\ Additionally, the CIT instructed the Department to explain its decision not to rely on the differential pricing (``DP'') analysis in complying with the CIT's order to apply the previously withdrawn targeted dumping regulation.\12\ On July 10, 2015, the Department reversed its decision of relying on APP-China's prices for inputs from Thailand and, consistent with the CIT order, applied the average-to-transaction methodology in its targeted dumping analysis to APP-China's sales which were found to be targeted.\13\ --------------------------------------------------------------------------- \11\ See Gold East III. \12\ Id. \13\ See Remand Redetermination III. --------------------------------------------------------------------------- On November 23, 2015, the CIT issued its decision in Gold East IV, in which it sustained the Department's Remand Redetermination III, finding that the Department's determination that the presumption of the continued existence of a broadly-available, non-industry-specific program that may have distorted APP-China's Thai suppliers' prices was reasonable and supported by the record as a whole, and that the targeted dumping methodology the Department employed was reasonable.\14\ --------------------------------------------------------------------------- \14\ See Gold East IV. --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (``the Act''), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's November 23, 2015, judgment in this case constitutes a final court decision that is not in harmony with the Department's Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court decision with respect to this case, the Department is amending the Final Determination with respect to APP-China's weighted-average dumping margin, effective December 3, 2015. The revised dumping margin is as follows: ------------------------------------------------------------------------ Final percent Exporter Producer margin ------------------------------------------------------------------------ Gold East Paper (Jiangsu) Co., Gold East Paper 3.64 Ltd.;. (Jiangsu) Co., Ltd.;. Gold Huasheng Paper Co., Ltd.;. Gold Huasheng Paper Ningbo Zhonghua Paper Co., Co., Ltd.;. Ltd.;. Ningbo Zhonghua Paper Ningbo Asia Pulp and Paper Co., Co., Ltd.;. Ltd.;. Ningbo Asia Pulp and Gold East (Hong Kong) Trading Paper Co., Ltd.. Co., Ltd.. ------------------------------------------------------------------------ Accordingly, the Department will continue the suspension of liquidation pending the expiration of the period of appeal or if appealed, pending a final and conclusive court decision. Cash Deposit Requirements Since the Final Determination, the Department has not established a new cash deposit rate for the above-listed APP-China companies. As a result, in accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to collect a cash deposit of 3.64 percent for entries of subject merchandise exported and produced by APP-China, effective December 3, 2015. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e), 735(d), and 777(i)(1) of the Act. [[Page 77605]] Dated: December 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-31559 Filed 12-14-15; 8:45 am] BILLING CODE P
![Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Notices 77603
DEPARTMENT OF COMMERCE the permit-issuing place, the number, DEPARTMENT OF COMMERCE
and valuation of new residential
Submission for OMB Review; housing units authorized by building International Trade Administration
Comment Request permits, and additional information on [A–570–958]
The Department of Commerce will residential permits valued at $1 million
submit to the Office of Management and or more. The form is titled ‘‘Report of Certain Coated Paper Suitable for
Budget (OMB) for clearance the Building or Zoning Permits Issued for High-Quality Print Graphics Using
following proposal for collection of New Privately-Owned Housing Units.’’ Sheet-Fed Presses From the People’s
information under the provisions of the Republic of China: Notice of Court
The Census Bureau uses the Form C–
Paperwork Reduction Act (44 U.S.C. Decision Not in Harmony With Final
404 to collect data that provide
chapter 35). Determination of Sales at Less Than
estimates of the number and valuation
Agency: U.S. Census Bureau. Fair Value and Notice of Amended
of new residential housing units Final Determination of Sales at Less
Title: Report of Building or Zoning authorized by building permits. About
Permits Issued for New Privately- Than Fair Value Pursuant to Court
one-half of the permit offices are Decision
Owned Housing Units (Building Permits requested to report monthly. The
Survey). AGENCY: Enforcement and Compliance,
remaining offices are surveyed once per
OMB Control Number: 0607–0094. International Trade Administration,
Form Number(s): C–404. year. We use the data, a component of
the Conference Board’s Index of Leading Department of Commerce.
Type of Request: Extension of a SUMMARY: On November 23, 2015, the
currently approved collection. Economic Indicators, to estimate the
number of housing units authorized, United States Court of International
Number of Respondents: 19,875. Trade (‘‘CIT’’) issued its final judgment 1
Average Hours per Response: 9.34 started, completed, and sold (single-
sustaining the Department of
minutes. family only). In addition, the Census
Commerce’s (the ‘‘Department’’) final
Burden Hours: 16,918. Bureau uses the detailed geographic
results of redetermination 2 issued
Needs and Uses: The Census Bureau data in the development of annual pursuant to the CIT’s remand order in
requests a three-year extension of a population estimates that are used by Gold East Paper (Jiangsu) Co. v. United
currently approved collection of the government agencies to allocate funding States, Court No. 10–00371, Slip Op.
Form C–404, otherwise known as the and other resources to local areas, 15–37 (CIT 2015) (‘‘Gold East III’’), with
Building Permits Survey (BPS). This inform policy, and aid in city planning. respect to the Department’s amended
survey collects data on new residential Policymakers, planners, businesses, and final determination 3 of the antidumping
buildings from state and local permit- others use the detailed geographic data duty investigation of certain coated
issuing offices. The key estimates from to monitor growth and plan for local paper suitable for high-quality print
the survey are the numbers of new services, and to develop production and graphics using sheet-fed presses
housing units authorized by building marketing plans. The BPS is the only (‘‘coated paper’’) from the People’s
permits; data are also collected on the source of statistics on residential Republic of China. Consistent with the
valuation of the housing units. construction for states, counties, and decision of the United States Court of
The Census Bureau produces statistics Appeals for the Federal Circuit
smaller geographic areas. Because
used to monitor activity in the large and (‘‘CAFC’’) in Timken Co. v. United
building permits are public records, we
dynamic construction industry. Given States, 893 F.2d 337 (Fed. Cir. 1990)
the importance of this industry, several can release data for individual
jurisdictions, and annual data are (‘‘Timken’’), as clarified by Diamond
of the statistical series have been Sawblades Mfrs. Coalition v. United
designated by the Office of Management published for every permit-issuing
jurisdiction. States, 626 F.3d 1374 (Fed. Cir. 2010)
and Budget as Principal Economic (‘‘Diamond Sawblades’’), the
Indicators. Two such indicators are Affected Public: State, local, or Tribal Department is notifying the public that
directly dependent on the key estimates governments. the final judgment in this case is not in
from the BPS: (1) New Residential Frequency: Monthly and annually. harmony with the Department’s Final
Construction (which includes Housing Determination and is amending the
Units Authorized by Building Permits, Respondent’s Obligation: Voluntary.
Final Determination with respect to the
Housing Starts, and Housing Legal Authority: Title 13, United dumping margin determined for Gold
Completions), and (2) New Residential States Code, Sections 131 and 182. East Paper (Jiangsu) Co., Ltd., Gold
Sales. These statistics help state, local, This information collection request Huasheng Paper Co., Ltd., Gold East
and federal governments, as well as may be viewed at www.reginfo.gov.
private industry, analyze this important Follow the instructions to view 1 See Gold East Paper (Jiangsu) Co. v. United
sector of the economy. The building States, Court No. 10–00371, Slip Op. 15–131 (CIT
Department of Commerce collections
permit series are available monthly November 23, 2015) (‘‘Gold East IV’’).
currently under review by OMB.
based on a sample of building permit 2 See Final Results of Redetermination Pursuant
offices, and annually based on the entire Written comments and to Court Remand, Gold East Paper (Jiangsu) Co. v.
United States, Court No. 10–00371, Slip Op. 15–37
universe of permit offices. Published recommendations for the proposed (CIT 2015), dated July 10, 2015 (‘‘Remand
data from the survey can be found on information collection should be sent Redetermination III’’).
the Census Bureau’s Web site at within 30 days of publication of this
asabaliauskas on DSK5VPTVN1PROD with NOTICES
3 See Certain Coated Paper Suitable for High-
www.census.gov/permits. notice to OIRA_Submission@ Quality Print Graphics Using Sheet-Fed Presses
From the People’s Republic of China: Final
The Census Bureau collects these data omb.eop.gov or fax to (202) 395–5806. Determination of Sales at Less Than Fair Value, 75
primarily by mail using the Form C–404 FR 59217 (September 27, 2010), as amended by
or online using an online version of the Sheleen Dumas, Certain Coated Paper Suitable for High-Quality
same questionnaire. Some data are also Departmental PRA Lead, Office of the Chief Print Graphics Using Sheet-Fed Presses From the
Information Officer. People’s Republic of China: Amended Final
collected via receipt of electronic files. Determination of Sales at Less Than Fair Value and
Form C–404 collects information on [FR Doc. 2015–31415 Filed 12–14–15; 8:45 am]
Antidumping Order, 75 FR 70203 (November 17,
changes to the geographic coverage of BILLING CODE 3510–07–P 2010), (collectively, ‘‘Final Determination’’).
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![Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Notices 77605
Dated: December 9, 2015. PET film, whether extruded or co- Notifications
Paul Piquado, extruded. Excluded are metallized films This notice also serves as a final
Assistant Secretary for Enforcement and and other finished films that have had reminder to importers of their
Compliance. at least one of their surfaces modified by responsibility under 19 CFR
[FR Doc. 2015–31559 Filed 12–14–15; 8:45 am] the application of a performance- 351.402(f)(2) to file a certificate
BILLING CODE P enhancing resinous or inorganic layer regarding the reimbursement of
more than 0.00001 inches thick. Also antidumping duties prior to liquidation
excluded is roller transport cleaning of the relevant entries during this
DEPARTMENT OF COMMERCE film which has at least one of its review period. Failure to comply with
surfaces modified by application of 0.5 this requirement could result in the
International Trade Administration micrometers of SBR latex. Tracing and Department’s presumption that
[A–351–841] drafting film is also excluded. PET film reimbursement of the antidumping
is classifiable under subheading duties occurred and the subsequent
Polyethylene Terephthalate Film, Sheet 3920.62.00.90 of the Harmonized Tariff assessment of doubled antidumping
and Strip From Brazil: Final Results of Schedule of the United States (HTSUS). duties.
Antidumping Duty Administrative While HTSUS subheadings are provided This notice also serves as a reminder
Review; 2013–2014 for convenience and customs purposes, to parties subject to administrative
AGENCY: Enforcement and Compliance, our written description of the scope of protective orders (APOs) of their
International Trade Administration, the order is dispositive. responsibility concerning the
Department of Commerce. Determination of No Shipments disposition of proprietary information
SUMMARY: On August 12, 2015, the disclosed under APO in accordance
As noted in the Preliminary Results,
Department of Commerce (the with 19 CFR 351.305, which continues
we received a no-shipment claim from
Department) published the preliminary to govern business proprietary
Terphane, and we confirmed this claim
results of the administrative review of information in this segment of the
the antidumping duty order on with U.S. Customs and Border
Protection (CBP). Because no party proceeding. Timely written notification
polyethylene terephthalate film, sheet of the return or destruction of APO
and strip (PET film) from Brazil for the commented on our preliminary results,
we continue to find that the record materials or conversion to judicial
period November 1, 2013 through protective order is hereby requested.
November 9, 2013.1 For the final results, indicates that Terphane did not export
subject merchandise to the United Failure to comply with the regulations
we continue to find that respondent and the terms of an APO is a
Terphane Ltda and Terphane, Inc. States during the POR and that it had no
reviewable transactions during the POR. sanctionable violation.
(collectively, Terphane) made no This notice is issued and published in
shipments of subject merchandise Assessment accordance with sections 751(a)(1) and
during the period of review (POR). We 777(i)(1) of the Tariff Act of 1930, as
Pursuant to 19 CFR 356.8(a), the
made no changes to the Preliminary amended.
Department intends to issue assessment
Results.
instructions to CBP 15 days after the Dated: December 9, 2015.
DATES: Effective Date: December 15,
date of publication of these final results Paul Piquado,
2015. of review. On May 6, 2003, the Assistant Secretary for Enforcement and
FOR FURTHER INFORMATION CONTACT: Department clarified its ‘‘automatic Compliance.
Tyler Weinhold or Robert James, AD/ assessment’’ regulation.3 This [FR Doc. 2015–31564 Filed 12–14–15; 8:45 am]
CVD Operations, Office VI, Enforcement clarification will apply to entries of BILLING CODE 3510–DS–P
and Compliance, International Trade subject merchandise during the POR for
Administration, U.S. Department of which the reviewed company did not
Commerce, 14th Street and Constitution know its merchandise was destined for DEPARTMENT OF COMMERCE
Avenue NW., Washington, DC 20230; the United States. In such instances, we
telephone: (202) 482–1121 and (202) will instruct CBP to liquidate National Oceanic and Atmospheric
482–0649, respectively. unreviewed entries at the all-others rate Administration
SUPPLEMENTARY INFORMATION: if there is no rate for the intermediate
company(ies) involved in the Submission for OMB Review;
Background Comment Request
transaction. For any entries by
On August 12, 2015, the Department Terphane, we will instruct CBP to assess
published the Preliminary Results in the The Department of Commerce will
antidumping duties in accordance with submit to the Office of Management and
Federal Register.2 In the Preliminary the reseller policy.
Results, the Department preliminarily Budget (OMB) for clearance the
determined that Terphane made no Cash Deposit Requirements following proposal for collection of
shipments during the POR. We invited As this order has been revoked in full, information under the provisions of the
parties to comment on the Preliminary and the suspension of liquidation of Paperwork Reduction Act (44 U.S.C.
Results. We received no comments. entries of PET film from Brazil has been Chapter 35).
lifted, we do not intend to issue cash Agency: National Oceanic and
Scope of the Order Atmospheric Administration (NOAA).
asabaliauskas on DSK5VPTVN1PROD with NOTICES
deposit instructions.4
The products covered by the order are Title: Creel Survey of Private Boat
all gauges of raw, pre-treated, or primed 3 See Antidumping and Countervailing Duty Recreational Fishing in the U.S. Virgin
Proceedings: Assessment of Antidumping Duties, 68 Islands.
1 See Polyethylene Terephthalate Film, Sheet and FR 23954 (May 6, 2003) (reseller policy). OMB Control Number: 0648–xxxx.
Strip from Brazil: Preliminary Results of 4 See Polyethylene Terephthalate Film, Sheet, and
Form Number(s): None.
Antidumping Duty Administrative Review; 2013– Strip From Brazil, the People’s Republic of China
2014, 80 FR 48292 (August 12, 2015) (Preliminary and the United Arab Emirates: Continuation and
Type of Request: Regular (request for
Results). Revocation of Antidumping Duty Orders, 80 FR a new information collection).
2 Id. 6689 (February 6, 2015). Number of Respondents: 250.
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Document Created: 2018-03-02 09:15:46
Document Modified: 2018-03-02 09:15:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: December 3, 2015. | |
| Contact | Eve Wang, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6231. | |
| FR Citation | 80 FR 77603 |
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