80_FR_8630 80 FR 8598 - Certain Uncoated Paper From the People's Republic of China and Indonesia: Initiation of Countervailing Duty Investigations

80 FR 8598 - Certain Uncoated Paper From the People's Republic of China and Indonesia: Initiation of Countervailing Duty Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 32 (February 18, 2015)

Page Range8598-8603
FR Document2015-03337

Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015)
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8598-8603]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-023, C-560-829]


Certain Uncoated Paper From the People's Republic of China and 
Indonesia: Initiation of Countervailing Duty Investigations

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

DATES: Effective Date: February 18, 2015.

FOR FURTHER INFORMATION CONTACT: Patricia Tran at (202) 482-1503 or Joy 
Zhang at (202) 482-1168 (People's Republic of China (PRC)); David 
Goldberger at (202) 482-4136 or

[[Page 8599]]

Katherine Johnson at (202) 482-4929 (Indonesia), AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION

The Petitions

    On January 21, 2015, the Department of Commerce (Department) 
received countervailing duty (CVD) petitions concerning imports of 
certain uncoated paper from the PRC and Indonesia filed in proper form 
on behalf of 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, the petitioners). The 
CVD petitions were accompanied by antidumping duty (AD) petitions 
concerning imports of certain uncoated paper from Australia, Brazil, 
the PRC, Indonesia, and Portugal.\1\ The petitioners are domestic 
producers of uncoated paper,\2\ and a certified union with workers 
engaged in the manufacture and production of the domestic like product 
in the United States.\3\
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    \1\ See ``Petitions for the Imposition of Antidumping Duties on 
Imports of Certain Uncoated Paper from Australia, Brazil, China, 
Indonesia, and Portugal and Countervailing Duties on Imports from 
China and Indonesia,'' dated January 21, 2015 (Petitions).
    \2\ See Volume I of the Petitions, at I-2 and Exhibit I-2.
    \3\ Id. at, I-1--I-2 and Exhibit I-2.
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    On January 26 and 27, 2015, the Department requested information 
and clarification for certain areas of the Petitions.\4\ The 
petitioners filed responses to these requests on January 29 and 30, 
2015.\5\
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    \4\ See Letter from the Department to the petitioners entitled 
``Petition for the Imposition of Countervailing Duties on Imports of 
Certain Uncoated Paper from the People's Republic of China (PRC): 
Supplemental Questions,'' dated January 26, 2015 (PRC Deficiency 
Questionnaire); Letter from the Department to the petitioners, 
``Petitions for the Imposition of Antidumping Duties on Imports of 
Certain Uncoated Paper from Australia, Brazil, Indonesia, the 
People's Republic of China, and Portugal, and Countervailing Duties 
on Imports of Certain Uncoated Paper from Indonesia and the People's 
Republic of China: Supplemental Questions,'' dated January 26, 2015 
(General Issues Questionnaire); Letter from the Department to the 
petitioners entitled ``Petition for the Imposition of Countervailing 
Duties on Imports of Certain Uncoated Paper from Indonesia: 
Supplemental Questions,'' dated January 27, 2015 (Indonesia 
Deficiency Questionnaire); and Memorandum to the File entitled 
``Petitions for the Imposition of Countervailing Duties on Imports 
of Certain Uncoated Paper from the People's Republic of China: 
Addendum to Supplemental Questions,'' dated January 27, 2015 (PRC 
Addendum).
    \5\ See Letter from the petitioners entitled ``Certain Uncoated 
Paper From The People's Republic Of China/Petitioners' Response To 
The Department's Questions Regarding The Petition,'' dated January 
29, 2015 (PRC CVD Supplement); Letter from the petitioners entitled 
``Certain Uncoated Paper From Indonesia/Petitioners' Response To The 
Department's Questions Regarding The Petition,'' dated January 30, 
2015 (Indonesia CVD Supplement); and Letter from the petitioners 
entitled ``Certain Uncoated Paper From Australia, Brazil, The 
People's Republic of China, Indonesia, And Portugal/Petitioners' 
Response To The Department's General Questions Regarding The 
Petition,'' dated January 30, 2015 (General Issues Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (``the Act''), the petitioners allege that the Government of 
the PRC (GOC) and the Government of Indonesia (GOI) are providing 
countervailable subsidies (within the meaning of sections 701 and 
771(5) of the Act) to imports of certain uncoated paper from the PRC 
and Indonesia, respectively, and that such imports are materially 
injuring, or threatening material injury to, an industry in the United 
States. Also, consistent with section 702(b)(1) of the Act, the 
Petitions are accompanied by information reasonably available to the 
petitioners supporting their allegations.
    The Department finds that the petitioners filed the Petitions on 
behalf of the domestic industry because the petitioners are interested 
parties as defined in sections 771(9)(C) and (D) of the Act. The 
Department also finds that the petitioners demonstrated sufficient 
industry support with respect to the initiation of the CVD 
investigations that the petitioners are requesting.\6\
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    \6\ See the ``Determination of Industry Support for the 
Petitions'' section below.
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Period of Investigations

    The period of the investigation for both the PRC and Indonesia is 
January 1, 2014, through December 31, 2014.\7\
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    \7\ 19 CFR 351.204(b)(2).
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Scope of the Investigations

    The product covered by these investigations is certain uncoated 
paper from the PRC and Indonesia. For a full description of the scope 
of these investigations, see the ``Scope of the Investigations'' in 
Appendix I of this notice.

Comments on Scope of the Investigations

    During our review of the Petitions, the Department issued questions 
to, and received responses from, the petitioners pertaining to the 
proposed scope to ensure that the scope language in the Petitions would 
be an accurate reflection of the products for which the domestic 
industry is seeking relief.\8\
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    \8\ See General Issues Questionnaire; see also General Issues 
Supplement.
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    As discussed in the preamble to the Department's regulations,\9\ we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (scope). The period for scope comments is 
intended to provide the Department with ample opportunity to consider 
all comments and to consult with parties prior to the issuance of the 
preliminary determinations. If scope comments include factual 
information (see 19 CFR 351.102(b)(21)), all such factual information 
should be limited to public information. All such comments must be 
filed by 5:00 p.m. Eastern Standard Time (``EST'') on March 2, 2015, 
which is 20 calendar days from the signature date of this notice. Any 
rebuttal comments, which may include factual information, must be filed 
by 5:00 p.m. EST on March 12, 2015, which is 10 calendar days after the 
initial comments deadline.\10\
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    \9\ See Antidumping Duties; Countervailing Duties; Final rule, 
62 FR 27296, 27323 (May 19, 1997).
    \10\ According to the Department practice, when a date falls on 
a weekend or a federal holiday, submissions become due the next 
business day; see Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigations be submitted 
during this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact the Department 
and request permission to submit the additional information. All such 
comments must be filed on the records of the PRC and Indonesia CVD 
investigations, as well as the concurrent Australia, Brazil, the PRC, 
Indonesia, and Portugal AD investigations.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\11\ An electronically-
filed document must be received successfully in its entirety by the 
time and date it is

[[Page 8600]]

due. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with Enforcement and 
Compliance's APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230, and 
stamped with the date and time of receipt by the applicable deadlines.
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    \11\ On November 24, 2014, Enforcement and Compliance changed 
the name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (ACCESS). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the reference to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the GOC and the GOI of the receipt of the 
Petitions. Also, in accordance with section 702(b)(4)(A)(ii) of the 
Act, the Department provided representatives of the GOC and the GOI the 
opportunity for consultations with respect to the Petitions.\12\ 
Consultations were held with the GOC on February 5, 2015. Consultations 
were held with the GOI on February 9, 2015. All memoranda are on file 
electronically via ACCESS.\13\
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    \12\ See Letter of Invitation from the Department to the GOI 
dated January 21, 2015, and Letter of Invitation from the Department 
to the GOC dated January 26, 2015.
    \13\ See supra fn.10 for information pertaining to ACCESS.
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Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product, or those producers 
whose collective output of a domestic like product constitutes a major 
proportion of the total domestic production of the product. Thus, to 
determine whether a petition has the requisite industry support, the 
statute directs the Department to look to producers and workers who 
produce the domestic like product. The International Trade Commission 
(ITC), which is responsible for determining whether ``the domestic 
industry'' has been injured, must also determine what constitutes a 
domestic like product in order to define the industry. While both the 
Department and the ITC must apply the same statutory definition 
regarding the domestic like product,\14\ they do so for different 
purposes and pursuant to a separate and distinct authority. In 
addition, the Department's determination is subject to limitations of 
time and information. Although this may result in different definitions 
of the like product, such differences do not render the decision of 
either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petitions).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigations. Based on our analysis of the information 
submitted on the record, we determined that uncoated paper constitutes 
a single domestic like product and we analyzed industry support in 
terms of that domestic like product.\16\
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    \16\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Certain Uncoated Paper from the People's Republic of 
China (PRC CVD Initiation Checklist), at Attachment II, Analysis of 
Industry Support for the Petitions Covering Uncoated Paper from 
Australia, Brazil, the People's Republic of China, Indonesia, and 
Portugal (Attachment II); and Countervailing Duty Investigation 
Initiation Checklist: Certain Uncoated Paper from Indonesia 
(Indonesia CVD Initiation Checklist), at Attachment II. These 
checklists are dated concurrently with this notice and on file 
electronically via ACCESS. Access to documents filed via ACCESS is 
also available in the Central Records Unit, Room 7046 of the main 
Department of Commerce building.
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    In determining whether the petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in Appendix I of 
this notice. To establish industry support, the petitioners provided 
their shipments of the domestic like product in 2014, and compared 
their shipments to the estimated total shipments of the domestic like 
product for the entire domestic industry.\17\ Because total industry 
production data for the domestic like product for 2014 are not 
reasonably available and the petitioners have established that 
shipments are a reasonable proxy for production data,\18\ we relied 
upon the shipment data provided by the petitioners for purposes of 
measuring industry support.\19\
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    \17\ See Volume I of the Petitions, at I-2 through I-4 and 
Exhibit I-3; see also General Issues Supplement, at 5-8 and Exhibits 
I-S4 through I-S7.
    \18\ See Volume I of the Petitions, at I-3 and Exhibit I-4.
    \19\ For further discussion, see PRC CVD Checklist and Indonesia 
CVD Checklist, at Attachment II.
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    Based on the data provided in the Petitions, supplemental 
submission, and other information readily available to the Department, 
we determine that the petitioners have established industry 
support.\20\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
shipments \21\ of the domestic like product and, as such, the 
Department is not required to take further action in order to evaluate 
industry support (e.g., polling).\22\ Second, the domestic producers 
(or workers) met the statutory criteria for industry support under 
section 702(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petitions account for at least 25 percent of 
the total shipments of the domestic like product.\23\ Finally, the 
domestic producers (or workers) met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the shipments of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\24\ Accordingly, the

[[Page 8601]]

Department determines that the Petitions were filed on behalf of the 
domestic industry within the meaning of section 702(b)(1) of the Act.
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    \20\ Id.
    \21\ As mentioned above, the petitioners have established that 
shipments are a reasonable proxy for production data. Section 
351.203(e)(1) of the Department's regulations states ``production 
levels may be established by reference to alternative data that the 
Secretary determines to be indicative of production levels.''
    \22\ See section 702(c)(4)(D) of the Act; see also PRC CVD 
Checklist and Indonesia CVD Checklist, at Attachment II.
    \23\ Id.
    \24\ Id.
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    The Department finds that the petitioners filed the Petitions on 
behalf of the domestic industry because they are interested parties as 
defined in sections 771(9)(C) and (D) of the Act and they have 
demonstrated sufficient industry support with respect to the CVD 
investigations that they are requesting the Department initiate.\25\
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    \25\ Id.
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Injury Test

    Because Indonesia and the PRC are ``Subsidies Agreement Countries'' 
within the meaning of section 701(b) of the Act, section 701(a)(2) of 
the Act applies to these investigations. Accordingly, the ITC must 
determine whether imports of the subject merchandise from Indonesia and 
the PRC materially injure, or threaten material injury to, a U.S. 
industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. The petitioners allege that 
subject imports exceed the negligibility threshold of three percent 
provided for under section 771(24)(A) of the Act.\26\ In CVD petitions, 
section 771(24)(B) of the Act provides that imports of subject 
merchandise from developing countries must exceed the negligibility 
threshold of four percent. The petitioners also demonstrate that 
subject imports from Indonesia, which has been designated as a 
developing country under section 771(36)(A) of the Act, exceed the 
negligibility threshold provided for under section 771(24)(B) of the 
Act.\27\
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    \26\ See Volume I of the Petitions, at I-23, I-24 and Exhibit I-
12; see also General Issues Supplement, at 11 and Exhibit I-S11.
    \27\ Id.
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    The petitioners contend that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; adverse impact on the domestic 
industry, including mill closures, decline in production, and decline 
in shipments; reduced employment variables; and adverse impact on 
financial performance.\28\ We assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we determined that these allegations are properly 
supported by adequate evidence and meet the statutory requirements for 
initiation.\29\
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    \28\ See Volume I of the Petitions, at I-22 through I-43 and 
Exhibits I-3 and I-10 through I-26; see also General Issues 
Supplement, at 1, 8-11 and Exhibits I-S1 and I-S8 through I-S13.
    \29\ See Indonesia CVD Initiation Checklist and PRC CVD 
Initiation Checklist, at Attachment III, Analysis of Allegations and 
Evidence of Material Injury and Causation for the Antidumping and 
Countervailing Duty Petitions Covering Certain Uncoated Paper from 
Australia, Brazil, the People's Republic of China, Indonesia, and 
Portugal.
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Initiation of Countervailing Duty Investigations

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to the petitioners 
supporting the allegations.
    The petitioners allege that producers/exporters of certain uncoated 
paper in the PRC and Indonesia benefited from countervailable subsidies 
bestowed by the governments of these countries, respectively. The 
Department examined the Petitions and finds that they comply with the 
requirements of section 702(b)(1) of the Act. Therefore, in accordance 
with section 702(b)(1) of the Act, we are initiating CVD investigations 
to determine whether manufacturers, producers, or exporters of certain 
uncoated paper from the PRC and Indonesia receive countervailable 
subsidies from the governments of these countries, respectively.

The PRC

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on 21 of the 22 
alleged programs. For a full discussion of the basis for our decision 
to initiate or not initiate on each program, see the PRC CVD Initiation 
Checklist.

Indonesia

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on 14 of the 15 
alleged programs. For a full discussion of the basis for our decision 
to initiate or not initiate on each program, see the Indonesia CVD 
Initiation Checklist.
    A public version of the initiation checklist for each investigation 
is available on ACCESS and at http://trade.gov/enforcement/news.asp.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 65 days after the date of this initiation.

Respondent Selection

    The petitioners named eight companies as producers/exporters of 
certain uncoated paper from the PRC and six companies as producers/
exporters of certain uncoated paper from Indonesia.\30\ Following 
standard practice in CVD investigations, the Department will, where 
appropriate, select respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports of uncoated paper during the 
period of investigation under the following Harmonized Tariff Schedule 
of the United States (``HTSUS'') numbers: 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. We intend 
to release CBP data under Administrative Protective Order (APO) to all 
parties with access to information protected by APO shortly after the 
announcement of these case initiations. The Department invites comments 
regarding CBP data and respondent selection within five calendar days 
of publication of this Federal Register notice. Comments must be filed 
electronically using ACCESS. An electronically-filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. EST by the date noted above. We 
intend to make our decision regarding respondent selection within 20 
days of publication of this Federal Register notice. Interested parties 
must submit applications for disclosure under APO in accordance with 19 
CFR 351.305(b). Instructions for filing such applications may be found 
on the Department's Web site at http://enforcement.trade.gov/apo.
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    \30\ See Volume I of the Petitions, at Exhibit I-7.
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Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the GOC and GOI via ACCESS. To the extent practicable, we 
will attempt to provide a copy of the public version of the Petitions 
to each known exporter (as named in the Petitions), consistent with 19 
CFR 351.203(c)(2).

ITC Notification

    We notified the ITC of our initiation, as required by section 
702(d) of the Act.

[[Page 8602]]

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of certain uncoated paper from the PRC and/or 
Indonesia are materially injuring, or threatening material injury to, a 
U.S. industry.\31\ A negative ITC determination for either country will 
result in the investigation being terminated with respect to that 
country;\32\ otherwise, these investigations will proceed according to 
statutory and regulatory time limits.
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    \31\ See section 703(a) of the Act.
    \32\ Id.
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Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to AD and CVD proceedings: The definition of 
factual information (19 CFR 351.102(b)(21)), and the time limits for 
the submission of factual information (19 CFR 351.301). The final rule 
identifies five categories of factual information in 19 CFR 
351.102(b)(21), which are summarized as follows: (i) Evidence submitted 
in response to questionnaires; (ii) evidence submitted in support of 
allegations; (iii) publicly available information to value factors 
under 19 CFR 351.408(c) or to measure the adequacy of remuneration 
under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the 
Department; and (v) evidence other than factual information described 
in (i)-(iv). The final rule requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted and, if the information is submitted 
to rebut, clarify, or correct factual information already on the 
record, to provide an explanation identifying the information already 
on the record that the factual information seeks to rebut, clarify, or 
correct. The final rule also modified 19 CFR 351.301 so that, rather 
than providing general time limits, there are specific time limits 
based on the type of factual information being submitted. These 
modifications are effective for all proceeding segments initiated on or 
after May 10, 2013, and thus are applicable to these investigations. 
Interested parties should review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to 
submitting factual information in these investigations.

Revised Extension of Time Limits Regulation

    On September 20, 2013, the Department modified its regulation 
concerning the extension of time limits for submissions in AD and CVD 
proceedings.\33\ The modification clarifies that parties may request an 
extension of time limits before a time limit established under Part 351 
expires, or as otherwise specified by the Secretary. In general, an 
extension request will be considered untimely if it is filed after the 
time limit established under Part 351 expires. For submissions which 
are due from multiple parties simultaneously, an extension request will 
be considered untimely if it is filed after 10:00 a.m. on the due date. 
Examples include, but are not limited to: (1) Case and rebuttal briefs, 
filed pursuant to 19 CFR 351.309; (2) factual information to value 
factors under 19 CFR 351.408(c), or to measure the adequacy of 
remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 
351.301(c)(3) and rebuttal, clarification and correction information 
filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the 
selection of a surrogate country and surrogate values and rebuttal; (4) 
comments concerning CBP data; and (5) quantity and value 
questionnaires. Under certain circumstances, the Department may elect 
to specify a different time limit by which extension requests will be 
considered untimely for submissions which are due from multiple parties 
simultaneously. In such a case, the Department will inform parties in 
the letter or memorandum setting forth the deadline (including a 
specified time) by which extension requests must be filed to be 
considered timely. This modification also requires that an extension 
request must be made in a separate, stand-alone submission, and 
clarifies the circumstances under which the Department will grant 
untimely-filed requests for the extension of time limits. These 
modifications are effective for all segments initiated on or after 
October 21, 2013, and thus are applicable to these investigations. 
Interested parties should review Extension of Time Limits; Final Rule, 
available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these 
investigations.
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    \33\ See Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013).
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\34\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\35\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \34\ See section 782(b) of the Act.
    \35\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in these investigations 
should ensure that they meet the requirements of these procedures 
(e.g., the filing of letters of appearance as discussed at 19 CFR 
351.103(d)).

    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.
    Dated: February 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigations

    The merchandise covered by these investigations includes 
uncoated paper in sheet form; weighing at least 40 grams per square 
meter but not more than 150 grams per square meter; that either is a 
white paper with a GE brightness level\1\ of 85 or higher

[[Page 8603]]

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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    \1\ One of the key measurements of any grade of paper is 
brightness. Generally speaking, the brighter the paper the better 
the contrast between the paper and the ink. Brightness is measured 
using a GE Reflectance Scale, which measures the reflection of light 
off a grade of paper. One is the lowest reflection, or what would be 
given to a totally black grade, and 100 is the brightest measured 
grade. ``Colored paper'' as used in this scope definition means a 
paper with a hue other than white that reflects one of the primary 
colors of magenta, yellow, and cyan (red, yellow, and blue) or a 
combination of such primary colors.
---------------------------------------------------------------------------

    Certain Uncoated Paper includes (a) uncoated free sheet paper 
that meets this scope definition; (b) uncoated groundwood 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 investigations is dispositive.

[FR Doc. 2015-03337 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                8598                      Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

                                                notice. No other changes have been                      55. Topsolar                                               Co., Ltd.
                                                made to the Preliminary Results.                        56. Trony                                             42. Ningbo Qixin Solar Electrical Appliance
                                                  This corrected preliminary results and                57. Weihai China Glass Solar                               Co. Ltd.
                                                partial rescission is issued and                        58. Wuxi Sun-shine Power Co., Ltd.                    43. Ningbo ETDZ Holdings Ltd.
                                                                                                        59. Wuxi University Science Park                      44. Perlight Solar Co., Ltd.
                                                published in accordance with section                         International Incubator Co., Ltd.                45. ReneSola
                                                751 of the Tariff Act of 1930, as                       60. Yuhan Sinosola Science & Technology               46. Renesola Jiangsu Ltd.
                                                amended, and 19 CFR 351.213(d)(4).                           Co., Ltd.                                        47. Shenzen Topray Solar Co., Ltd.
                                                  Dated: February 6, 2015.                              61. Yuhuan Solar Energy Source Co., Ltd.              48. Shanghai Machinery Complete
                                                Paul Piquado,                                           62. Yunnan Tianda                                          Equipment (Group) Corp., Ltd.
                                                                                                        63. Yunnan Zhuoye Energy                              49. Shenglong PV Tech.
                                                Assistant Secretary for Enforcement and                 64. Zhejinag Leye Photovoltaic Science and            50. Shenzhen Suntech Power Co., Ltd.
                                                Compliance.                                                  Technology Co., Ltd.                             51. ShunFeng PV
                                                Appendix II                                             65. Zhejiang Top Point Photovoltaic Co., Ltd.         52. Solarbest Energy—Tech (Zhejiang) Co.,
                                                                                                        66. Zhejiang Wanxiang Solar Co, Ltd.                       Ltd.
                                                   Companies for which review was                       67. Zhenjiang Huantai Silicon Science and             53. Sopray Energy
                                                rescinded                                                    Technology Co., Ltd.                             54. Sumec Hardware & Tools Co., Ltd.
                                                1. Aiko Solar                                                                                                 55. Sun Earth Solar Power Co., Ltd.
                                                2. Amplesun Solar                                       Appendix III                                          56. Suntech Power Co., Ltd.
                                                3. Beijing Hope Industry                                   Companies for which review will continue,          57. Suzhou Shenglong PV-Tech Co., Ltd.
                                                4. Best Solar Hi-tech                                   but not selected for individual review                58. Tianwei New Energy (Chengdu) PV
                                                5. CEEG (Shanghai) Solar Science                        1. Baoding Jiansheng Photovoltaic                          Module Co., Ltd.
                                                     Technology Co., Ltd.                                    Technology Co., Ltd.                             59. Tianjin Yingli New Energy Resources Co,
                                                6. CEEG Nanjing Renewable Energy Co., Ltd.              2. Boading Tianwei Yingli New Energy                       Ltd.
                                                7. China Sunergy (Nanjing) Co., Ltd.                         Resources Co., Ltd.                              60. Trina Solar (Changzhou) Science &
                                                8. China Sunergy                                        3. Beijing Tianneng Yingli New Energy                      Technology Co, Ltd.
                                                9. Chinalight Solar                                          Resources Co. Ltd.                               61. Topray
                                                10. CNPV Dongying Solar Power Co., Ltd.                 4. Canadian Solar International Limited               62. Upsolar Group, Co. Ltd.
                                                11. Dai Hwa Industrial                                  5. Canadian Solar Manufacturing (Changshu)            63. Wanxiang Import & Export Co., Ltd.
                                                12. EGing                                                    Inc.                                             64. Wuxi Sunshine Power
                                                13. ENN Solar Energy                                    6. Canadian Solar Manufacturing (Luoyang)             65. Wuxi Suntech Power Co., Ltd.
                                                14. General Solar Power                                      Inc.                                             66. Yangzhou Rietech Renewal Energy Co.,
                                                15. Golden Partner Development                          7. Changzhou NESL Solartech Co., Ltd.                      Ltd.
                                                16. Goldpoly (Quanzhou)                                 8. Changzhou Trina Solar Energy Co., Ltd.             67. Yangzhou Suntech Power Co., Ltd.
                                                17. Hairun Photovoltaics Technology Co., Ltd            9. Chint Solar (Zhejiang) Co., Ltd.                   68. Yingli Energy (China) Company Limited.
                                                18. Hanwha Solar One (Qidong) Co., Ltd.                 10. CSG PVTech Co., Ltd.                              69. Yingli Green Energy International
                                                19. Hareon Solar Technology                             11. DelSolar Co., Ltd.                                     Trading Company Limited.
                                                20. HC Solar Power Co., Ltd.                            12. De-Tech Trading Limited HK                        70. Zhejiang Jiutai New Energy Co. Ltd.
                                                21. JA Solar Technology Yangzhou Co., Ltd.              13. Dongfang Electric (Yixing) MAGI Solar             71. Zhejiang Shuqimeng Photovoltaic
                                                22. Jetion Solar (China) Co., Ltd.                           Power Technology Co., Ltd.                            Technology Co., Ltd.
                                                23. Jia Yi Energy Technology                            14. Eoplly New Energy Technology Co., Ltd.            72. Zhejiang Xinshun Guangfu Science and
                                                24. Jiasheng Photovoltaic Tech.                         15. Era Solar Co., Ltd.                                    Technology Co., Ltd.
                                                25. Jiangxi Green Power Co. Ltd.                        16. ET Solar Energy Limited.                          73. Zhejiang ZG-Cells Co, Ltd.
                                                26. Jiawei Solar Holding                                17. Hainan Yingli New Energy Resources Co.,           74. Zhenjiang Rietech New Energy Science &
                                                27. Jiawei Solarchina Co. (Shenzhen), Ltd                    Ltd.                                                  Technology Co., Ltd.
                                                28. JingAo Solar Co., Ltd.                              18. Hangzhou Zhejiang University Sunny                75. Zhiheng Solar Inc.
                                                29. Jiutai Energy                                            Energy Science and Technology Co. Ltd.           76. Zhejiang Sunflower Light Energy
                                                30. Linuo Photovoltaic                                  19. Hendigan Group Dmegc Magnetics                         Sciences & Technology Limited Liability
                                                31. Ningbo Komaes Solar Technology Co.,                 20. Hengshui Yingli New Energy Resources                   Company
                                                     Ltd.                                                    Co., Ltd.
                                                                                                                                                              [FR Doc. 2015–03340 Filed 2–17–15; 8:45 am]
                                                32. Perfectenergy                                       21. Himin Clean Energy Holdings Co., Ltd.
                                                33. Polar Photovoltaics                                 22. Innovosolar                                       BILLING CODE 3510–DS–P
                                                34. Qiangsheng (QS Solar)                               23. Jiangsu Green Power PV Co., Ltd.
                                                35. QXPV (Ningbo Qixin Solar Electrical                 24. Jiangxi Sunlink PV Technology Ltd.
                                                     Appliance Co., Ltd)                                25. Jiangsu Jiasheng Photovoltaic Technology          DEPARTMENT OF COMMERCE
                                                36. Refine Solar                                             Co., Ltd.
                                                37. Risen Energy Co, Ltd.                               26. Jiangsu Sunlink PV Technology Co., Ltd.           International Trade Administration
                                                38. Risun Solar (JiangXi Ruijing Solar Power            27. Jiawei Solarchina Co. Ltd.
                                                                                                                                                              [C–570–023, C–560–829]
                                                     Co., Ltd.)                                         28. Jinko Solar Co., Ltd.
                                                39. Sanjing Silicon                                     29. Jinko Solar Import and Export Co., Ltd.
                                                                                                                                                              Certain Uncoated Paper From the
                                                40. Shanghai Chaori Solar Energy                        30. Jinko Solar International Limited
                                                41. Shanghai JA Solar Technology Co., Ltd.              31. Konca Solar Cell Co., Ltd.                        People’s Republic of China and
                                                42. Shanghai Solar Energy Science &                     32. Kuttler Automation Systems (Suzhou) Co.           Indonesia: Initiation of Countervailing
                                                     Technology Co., Ltd.                                    Ltd.                                             Duty Investigations
                                                43. Shangpin Solar                                      33. LDK Solar Hi-tech (Suzhou) Co., Ltd.
                                                44. Shanshan Ulica                                      34. LDK Solar Hi-tech (Nanchang)
                                                                                                                                                              AGENCY:  Enforcement and Compliance,
                                                45. Shenzhen Global Solar Energy Tech.                  35. Leye Photovoltaic Science & Technology            International Trade Administration,
                                                                                                                                                              Department of Commerce.
emcdonald on DSK67QTVN1PROD with NOTICES




                                                46. Shuqimeng Energy Tech                                    Co., Ltd.
                                                47. Skybasesolar                                        36. Lixian Yingli New Energy Resources Co.,           DATES: Effective Date: February 18,
                                                48. Solargiga Energy Holdings Ltd.                           Ltd.                                             2015.
                                                49. Sunflower                                           37. Luoyang Suntech Power Co., Ltd.
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                50. Sunlink PV                                          38. Magi Solar Technology
                                                51. Sunvim Solar Technology                             39. Motech (Suzhou) Renewable Energy Co.,             Patricia Tran at (202) 482–1503 or Joy
                                                52. Tainergy Tech                                            Ltd.                                             Zhang at (202) 482–1168 (People’s
                                                53. tenKsolar (Shanghai) Co., Ltd.                      40. MS Solar Investments LLC                          Republic of China (PRC)); David
                                                54. Tianjin Jinneng Solar Cell                          41. Ningbo Ulica Solar Science & Technology           Goldberger at (202) 482–4136 or


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                                                                           Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices                                                        8599

                                                Katherine Johnson at (202) 482–4929                      responses to these requests on January                   reflection of the products for which the
                                                (Indonesia), AD/CVD Operations,                          29 and 30, 2015.5                                        domestic industry is seeking relief.8
                                                Enforcement and Compliance,                                 In accordance with section 702(b)(1)                    As discussed in the preamble to the
                                                International Trade Administration,                      of the Tariff Act of 1930, as amended                    Department’s regulations,9 we are
                                                U.S. Department of Commerce, 14th                        (‘‘the Act’’), the petitioners allege that               setting aside a period for interested
                                                Street and Constitution Avenue NW.,                      the Government of the PRC (GOC) and                      parties to raise issues regarding product
                                                Washington, DC 20230.                                    the Government of Indonesia (GOI) are                    coverage (scope). The period for scope
                                                                                                         providing countervailable subsidies                      comments is intended to provide the
                                                SUPPLEMENTARY INFORMATION                                                                                         Department with ample opportunity to
                                                                                                         (within the meaning of sections 701 and
                                                The Petitions                                            771(5) of the Act) to imports of certain                 consider all comments and to consult
                                                                                                         uncoated paper from the PRC and                          with parties prior to the issuance of the
                                                  On January 21, 2015, the Department                    Indonesia, respectively, and that such                   preliminary determinations. If scope
                                                of Commerce (Department) received                        imports are materially injuring, or                      comments include factual information
                                                countervailing duty (CVD) petitions                      threatening material injury to, an                       (see 19 CFR 351.102(b)(21)), all such
                                                concerning imports of certain uncoated                   industry in the United States. Also,                     factual information should be limited to
                                                paper from the PRC and Indonesia filed                   consistent with section 702(b)(1) of the                 public information. All such comments
                                                in proper form on behalf of United                       Act, the Petitions are accompanied by                    must be filed by 5:00 p.m. Eastern
                                                Steel, Paper and Forestry, Rubber,                       information reasonably available to the                  Standard Time (‘‘EST’’) on March 2,
                                                Manufacturing, Energy, Allied                            petitioners supporting their allegations.                2015, which is 20 calendar days from
                                                Industrial and Service Workers                              The Department finds that the                         the signature date of this notice. Any
                                                International Union; Domtar                              petitioners filed the Petitions on behalf                rebuttal comments, which may include
                                                Corporation; Finch Paper LLC; P.H.                       of the domestic industry because the                     factual information, must be filed by
                                                Glatfelter Company; and Packaging                        petitioners are interested parties as                    5:00 p.m. EST on March 12, 2015,
                                                Corporation of America (collectively,                    defined in sections 771(9)(C) and (D) of                 which is 10 calendar days after the
                                                the petitioners). The CVD petitions were                 the Act. The Department also finds that                  initial comments deadline.10
                                                accompanied by antidumping duty (AD)                     the petitioners demonstrated sufficient                    The Department requests that any
                                                petitions concerning imports of certain                  industry support with respect to the                     factual information the parties consider
                                                uncoated paper from Australia, Brazil,                   initiation of the CVD investigations that                relevant to the scope of the
                                                the PRC, Indonesia, and Portugal.1 The                   the petitioners are requesting.6                         investigations be submitted during this
                                                petitioners are domestic producers of                                                                             time period. However, if a party
                                                                                                         Period of Investigations                                 subsequently finds that additional
                                                uncoated paper,2 and a certified union
                                                with workers engaged in the                                 The period of the investigation for                   factual information pertaining to the
                                                manufacture and production of the                        both the PRC and Indonesia is January                    scope of the investigations may be
                                                domestic like product in the United                      1, 2014, through December 31, 2014.7                     relevant, the party may contact the
                                                States.3                                                                                                          Department and request permission to
                                                                                                         Scope of the Investigations
                                                                                                                                                                  submit the additional information. All
                                                  On January 26 and 27, 2015, the                           The product covered by these                          such comments must be filed on the
                                                Department requested information and                     investigations is certain uncoated paper                 records of the PRC and Indonesia CVD
                                                clarification for certain areas of the                   from the PRC and Indonesia. For a full                   investigations, as well as the concurrent
                                                Petitions.4 The petitioners filed                        description of the scope of these                        Australia, Brazil, the PRC, Indonesia,
                                                                                                         investigations, see the ‘‘Scope of the                   and Portugal AD investigations.
                                                   1 See ‘‘Petitions for the Imposition of
                                                                                                         Investigations’’ in Appendix I of this
                                                Antidumping Duties on Imports of Certain
                                                                                                         notice.                                                  Filing Requirements
                                                Uncoated Paper from Australia, Brazil, China,
                                                Indonesia, and Portugal and Countervailing Duties                                                                   All submissions to the Department
                                                on Imports from China and Indonesia,’’ dated
                                                                                                         Comments on Scope of the                                 must be filed electronically using
                                                January 21, 2015 (Petitions).                            Investigations                                           Enforcement and Compliance’s
                                                   2 See Volume I of the Petitions, at I–2 and Exhibit
                                                                                                           During our review of the Petitions, the                Antidumping and Countervailing Duty
                                                I–2.
                                                   3 Id. at, I–1—I–2 and Exhibit I–2.                    Department issued questions to, and                      Centralized Electronic Service System
                                                   4 See Letter from the Department to the               received responses from, the petitioners                 (ACCESS).11 An electronically-filed
                                                petitioners entitled ‘‘Petition for the Imposition of    pertaining to the proposed scope to                      document must be received successfully
                                                Countervailing Duties on Imports of Certain              ensure that the scope language in the                    in its entirety by the time and date it is
                                                Uncoated Paper from the People’s Republic of             Petitions would be an accurate
                                                China (PRC): Supplemental Questions,’’ dated                                                                        8 See General Issues Questionnaire; see also
                                                January 26, 2015 (PRC Deficiency Questionnaire);
                                                Letter from the Department to the petitioners,
                                                                                                           5 See Letter from the petitioners entitled ‘‘Certain   General Issues Supplement.
                                                ‘‘Petitions for the Imposition of Antidumping            Uncoated Paper From The People’s Republic Of               9 See Antidumping Duties; Countervailing Duties;

                                                Duties on Imports of Certain Uncoated Paper from         China/Petitioners’ Response To The Department’s          Final rule, 62 FR 27296, 27323 (May 19, 1997).
                                                Australia, Brazil, Indonesia, the People’s Republic      Questions Regarding The Petition,’’ dated January          10 According to the Department practice, when a

                                                of China, and Portugal, and Countervailing Duties        29, 2015 (PRC CVD Supplement); Letter from the           date falls on a weekend or a federal holiday,
                                                on Imports of Certain Uncoated Paper from                petitioners entitled ‘‘Certain Uncoated Paper From       submissions become due the next business day; see
                                                Indonesia and the People’s Republic of China:            Indonesia/Petitioners’ Response To The                   Notice of Clarification: Application of ‘‘Next
                                                Supplemental Questions,’’ dated January 26, 2015         Department’s Questions Regarding The Petition,’’         Business Day’’ Rule for Administrative
                                                (General Issues Questionnaire); Letter from the          dated January 30, 2015 (Indonesia CVD                    Determination Deadlines Pursuant to the Tariff Act
                                                                                                         Supplement); and Letter from the petitioners
emcdonald on DSK67QTVN1PROD with NOTICES




                                                Department to the petitioners entitled ‘‘Petition for                                                             of 1930, As Amended, 70 FR 24533 (May 10, 2005).
                                                the Imposition of Countervailing Duties on Imports       entitled ‘‘Certain Uncoated Paper From Australia,          11 On November 24, 2014, Enforcement and

                                                of Certain Uncoated Paper from Indonesia:                Brazil, The People’s Republic of China, Indonesia,       Compliance changed the name of Enforcement and
                                                Supplemental Questions,’’ dated January 27, 2015         And Portugal/Petitioners’ Response To The                Compliance’s AD and CVD Centralized Electronic
                                                (Indonesia Deficiency Questionnaire); and                Department’s General Questions Regarding The             Service System (‘‘IA ACCESS’’) to AD and CVD
                                                Memorandum to the File entitled ‘‘Petitions for the      Petition,’’ dated January 30, 2015 (General Issues       Centralized Electronic Service System (ACCESS).
                                                Imposition of Countervailing Duties on Imports of        Supplement).                                             The Web site location was changed from http://
                                                                                                           6 See the ‘‘Determination of Industry Support for
                                                Certain Uncoated Paper from the People’s Republic                                                                 iaaccess.trade.gov to http://access.trade.gov. The
                                                of China: Addendum to Supplemental Questions,’’          the Petitions’’ section below.                           Final Rule changing the reference to the Regulations
                                                dated January 27, 2015 (PRC Addendum).                     7 19 CFR 351.204(b)(2).                                can be found at 79 FR 69046 (November 20, 2014).



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                                                8600                       Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

                                                due. Documents excepted from the                        determine whether a petition has the                   the Petitions with reference to the
                                                electronic submission requirements                      requisite industry support, the statute                domestic like product as defined in the
                                                must be filed manually (i.e., in paper                  directs the Department to look to                      ‘‘Scope of the Investigations,’’ in
                                                form) with Enforcement and                              producers and workers who produce the                  Appendix I of this notice. To establish
                                                Compliance’s APO/Dockets Unit, Room                     domestic like product. The International               industry support, the petitioners
                                                1870, U.S. Department of Commerce,                      Trade Commission (ITC), which is                       provided their shipments of the
                                                14th Street and Constitution Avenue                     responsible for determining whether                    domestic like product in 2014, and
                                                NW., Washington, DC 20230, and                          ‘‘the domestic industry’’ has been                     compared their shipments to the
                                                stamped with the date and time of                       injured, must also determine what                      estimated total shipments of the
                                                receipt by the applicable deadlines.                    constitutes a domestic like product in                 domestic like product for the entire
                                                                                                        order to define the industry. While both               domestic industry.17 Because total
                                                Consultations
                                                                                                        the Department and the ITC must apply                  industry production data for the
                                                  Pursuant to section 702(b)(4)(A)(i) of                the same statutory definition regarding                domestic like product for 2014 are not
                                                the Act, the Department notified                        the domestic like product,14 they do so                reasonably available and the petitioners
                                                representatives of the GOC and the GOI                  for different purposes and pursuant to a               have established that shipments are a
                                                of the receipt of the Petitions. Also, in               separate and distinct authority. In                    reasonable proxy for production data,18
                                                accordance with section 702(b)(4)(A)(ii)                addition, the Department’s                             we relied upon the shipment data
                                                of the Act, the Department provided                     determination is subject to limitations of             provided by the petitioners for purposes
                                                representatives of the GOC and the GOI                  time and information. Although this                    of measuring industry support.19
                                                the opportunity for consultations with                  may result in different definitions of the                Based on the data provided in the
                                                respect to the Petitions.12 Consultations               like product, such differences do not                  Petitions, supplemental submission, and
                                                were held with the GOC on February 5,                   render the decision of either agency                   other information readily available to
                                                2015. Consultations were held with the                  contrary to law.15                                     the Department, we determine that the
                                                GOI on February 9, 2015. All                               Section 771(10) of the Act defines the              petitioners have established industry
                                                memoranda are on file electronically via                domestic like product as ‘‘a product                   support.20 First, the Petitions
                                                ACCESS.13                                               which is like, or in the absence of like,              established support from domestic
                                                Determination of Industry Support for                   most similar in characteristics and uses               producers (or workers) accounting for
                                                the Petitions                                           with, the article subject to an                        more than 50 percent of the total
                                                                                                        investigation under this title.’’ Thus, the            shipments 21 of the domestic like
                                                   Section 702(b)(1) of the Act requires                reference point from which the                         product and, as such, the Department is
                                                that a petition be filed on behalf of the               domestic like product analysis begins is               not required to take further action in
                                                domestic industry. Section 702(c)(4)(A)                 ‘‘the article subject to an investigation’’            order to evaluate industry support (e.g.,
                                                of the Act provides that a petition meets               (i.e., the class or kind of merchandise to             polling).22 Second, the domestic
                                                this requirement if the domestic                        be investigated, which normally will be                producers (or workers) met the statutory
                                                producers or workers who support the                    the scope as defined in the Petitions).                criteria for industry support under
                                                petition account for: (i) At least 25                      With regard to the domestic like                    section 702(c)(4)(A)(i) of the Act
                                                percent of the total production of the                  product, the petitioners do not offer a                because the domestic producers (or
                                                domestic like product; and (ii) more                    definition of the domestic like product                workers) who support the Petitions
                                                than 50 percent of the production of the                distinct from the scope of the                         account for at least 25 percent of the
                                                domestic like product produced by that                  investigations. Based on our analysis of               total shipments of the domestic like
                                                portion of the industry expressing                      the information submitted on the                       product.23 Finally, the domestic
                                                support for, or opposition to, the                      record, we determined that uncoated                    producers (or workers) met the statutory
                                                petition. Moreover, section 702(c)(4)(D)                paper constitutes a single domestic like               criteria for industry support under
                                                of the Act provides that, if the petition               product and we analyzed industry                       section 702(c)(4)(A)(ii) of the Act
                                                does not establish support of domestic                  support in terms of that domestic like                 because the domestic producers (or
                                                producers or workers accounting for                     product.16                                             workers) who support the Petitions
                                                more than 50 percent of the total                          In determining whether the                          account for more than 50 percent of the
                                                production of the domestic like product,                petitioners have standing under section                shipments of the domestic like product
                                                the Department shall: (i) poll the                      702(c)(4)(A) of the Act, we considered                 produced by that portion of the industry
                                                industry or rely on other information in                the industry support data contained in                 expressing support for, or opposition to,
                                                order to determine if there is support for                                                                     the Petitions.24 Accordingly, the
                                                the petition, as required by                              14 See  section 771(10) of the Act.
                                                subparagraph (A); or (ii) determine                       15 See  USEC, Inc. v. United States, 132 F. Supp.       17 See Volume I of the Petitions, at I–2 through

                                                industry support using a statistically                  2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.    I–4 and Exhibit I–3; see also General Issues
                                                                                                        v. United States, 688 F. Supp. 639, 644 (CIT 1988),    Supplement, at 5–8 and Exhibits I–S4 through I–S7.
                                                valid sampling method to poll the                       aff’d 865 F.2d 240 (Fed. Cir. 1989)).                     18 See Volume I of the Petitions, at I–3 and
                                                ‘‘industry.’’                                              16 For a discussion of the domestic like product
                                                                                                                                                               Exhibit I–4.
                                                   Section 771(4)(A) of the Act defines                 analysis in this case, see Countervailing Duty            19 For further discussion, see PRC CVD Checklist
                                                the ‘‘industry’’ as the producers as a                  Investigation Initiation Checklist: Certain Uncoated   and Indonesia CVD Checklist, at Attachment II.
                                                                                                        Paper from the People’s Republic of China (PRC
                                                whole of a domestic like product, or                    CVD Initiation Checklist), at Attachment II,
                                                                                                                                                                  20 Id.

                                                those producers whose collective output                 Analysis of Industry Support for the Petitions
                                                                                                                                                                  21 As mentioned above, the petitioners have

                                                of a domestic like product constitutes a                Covering Uncoated Paper from Australia, Brazil, the    established that shipments are a reasonable proxy
                                                                                                                                                               for production data. Section 351.203(e)(1) of the
emcdonald on DSK67QTVN1PROD with NOTICES




                                                major proportion of the total domestic                  People’s Republic of China, Indonesia, and Portugal
                                                                                                        (Attachment II); and Countervailing Duty               Department’s regulations states ‘‘production levels
                                                production of the product. Thus, to                     Investigation Initiation Checklist: Certain Uncoated   may be established by reference to alternative data
                                                                                                        Paper from Indonesia (Indonesia CVD Initiation         that the Secretary determines to be indicative of
                                                  12 See Letter of Invitation from the Department to
                                                                                                        Checklist), at Attachment II. These checklists are     production levels.’’
                                                                                                                                                                  22 See section 702(c)(4)(D) of the Act; see also
                                                the GOI dated January 21, 2015, and Letter of           dated concurrently with this notice and on file
                                                Invitation from the Department to the GOC dated         electronically via ACCESS. Access to documents         PRC CVD Checklist and Indonesia CVD Checklist,
                                                January 26, 2015.                                       filed via ACCESS is also available in the Central      at Attachment II.
                                                  13 See supra fn.10 for information pertaining to                                                                23 Id.
                                                                                                        Records Unit, Room 7046 of the main Department
                                                ACCESS.                                                 of Commerce building.                                     24 Id.




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                                                                           Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices                                                         8601

                                                Department determines that the                           the allegations and supporting evidence               unless postponed, we will make our
                                                Petitions were filed on behalf of the                    regarding material injury, threat of                  preliminary determinations no later
                                                domestic industry within the meaning                     material injury, and causation, and we                than 65 days after the date of this
                                                of section 702(b)(1) of the Act.                         determined that these allegations are                 initiation.
                                                  The Department finds that the                          properly supported by adequate
                                                                                                                                                               Respondent Selection
                                                petitioners filed the Petitions on behalf                evidence and meet the statutory
                                                of the domestic industry because they                    requirements for initiation.29                           The petitioners named eight
                                                are interested parties as defined in                                                                           companies as producers/exporters of
                                                                                                         Initiation of Countervailing Duty                     certain uncoated paper from the PRC
                                                sections 771(9)(C) and (D) of the Act and
                                                                                                         Investigations                                        and six companies as producers/
                                                they have demonstrated sufficient
                                                industry support with respect to the                       Section 702(b)(1) of the Act requires               exporters of certain uncoated paper
                                                CVD investigations that they are                         the Department to initiate a CVD                      from Indonesia.30 Following standard
                                                requesting the Department initiate.25                    investigation whenever an interested                  practice in CVD investigations, the
                                                                                                         party files a CVD petition on behalf of               Department will, where appropriate,
                                                Injury Test                                              an industry that: (1) Alleges the                     select respondents based on U.S.
                                                   Because Indonesia and the PRC are                     elements necessary for an imposition of               Customs and Border Protection (CBP)
                                                ‘‘Subsidies Agreement Countries’’                        a duty under section 701(a) of the Act;               data for U.S. imports of uncoated paper
                                                within the meaning of section 701(b) of                  and (2) is accompanied by information                 during the period of investigation under
                                                the Act, section 701(a)(2) of the Act                    reasonably available to the petitioners               the following Harmonized Tariff
                                                applies to these investigations.                         supporting the allegations.                           Schedule of the United States
                                                Accordingly, the ITC must determine                        The petitioners allege that producers/              (‘‘HTSUS’’) numbers: 4802.56.1000,
                                                whether imports of the subject                           exporters of certain uncoated paper in                4802.56.2000, 4802.56.3000,
                                                merchandise from Indonesia and the                       the PRC and Indonesia benefited from                  4802.56.4000, 4802.56.6000,
                                                PRC materially injure, or threaten                       countervailable subsidies bestowed by                 4802.56.7020, 4802.56.7040,
                                                material injury to, a U.S. industry.                     the governments of these countries,                   4802.57.1000, 4802.57.2000,
                                                                                                         respectively. The Department examined                 4802.57.3000, and 4802.57.4000. We
                                                Allegations and Evidence of Material                     the Petitions and finds that they comply              intend to release CBP data under
                                                Injury and Causation                                     with the requirements of section                      Administrative Protective Order (APO)
                                                   The petitioners allege that imports of                702(b)(1) of the Act. Therefore, in                   to all parties with access to information
                                                the subject merchandise are benefitting                  accordance with section 702(b)(1) of the              protected by APO shortly after the
                                                from countervailable subsidies and that                  Act, we are initiating CVD                            announcement of these case initiations.
                                                such imports are causing, or threaten to                 investigations to determine whether                   The Department invites comments
                                                cause, material injury to the U.S.                       manufacturers, producers, or exporters                regarding CBP data and respondent
                                                industry producing the domestic like                     of certain uncoated paper from the PRC                selection within five calendar days of
                                                product. The petitioners allege that                     and Indonesia receive countervailable                 publication of this Federal Register
                                                subject imports exceed the negligibility                 subsidies from the governments of these               notice. Comments must be filed
                                                threshold of three percent provided for                  countries, respectively.                              electronically using ACCESS. An
                                                under section 771(24)(A) of the Act.26 In                The PRC                                               electronically-filed document must be
                                                CVD petitions, section 771(24)(B) of the                                                                       received successfully in its entirety by
                                                Act provides that imports of subject                       Based on our review of the petition,                the Department’s electronic records
                                                merchandise from developing countries                    we find that there is sufficient
                                                                                                                                                               system, ACCESS, by 5 p.m. EST by the
                                                must exceed the negligibility threshold                  information to initiate a CVD
                                                                                                                                                               date noted above. We intend to make
                                                of four percent. The petitioners also                    investigation on 21 of the 22 alleged
                                                                                                                                                               our decision regarding respondent
                                                demonstrate that subject imports from                    programs. For a full discussion of the
                                                                                                                                                               selection within 20 days of publication
                                                                                                         basis for our decision to initiate or not
                                                Indonesia, which has been designated as                                                                        of this Federal Register notice.
                                                                                                         initiate on each program, see the PRC
                                                a developing country under section                                                                             Interested parties must submit
                                                                                                         CVD Initiation Checklist.
                                                771(36)(A) of the Act, exceed the                                                                              applications for disclosure under APO
                                                negligibility threshold provided for                     Indonesia                                             in accordance with 19 CFR 351.305(b).
                                                under section 771(24)(B) of the Act.27                     Based on our review of the petition,                Instructions for filing such applications
                                                   The petitioners contend that the                      we find that there is sufficient                      may be found on the Department’s Web
                                                industry’s injured condition is                          information to initiate a CVD                         site at http://enforcement.trade.gov/apo.
                                                illustrated by reduced market share;                     investigation on 14 of the 15 alleged
                                                underselling and price suppression or                                                                          Distribution of Copies of the Petitions
                                                                                                         programs. For a full discussion of the
                                                depression; lost sales and revenues;                     basis for our decision to initiate or not               In accordance with section
                                                adverse impact on the domestic                           initiate on each program, see the                     702(b)(4)(A)(i) of the Act and 19 CFR
                                                industry, including mill closures,                       Indonesia CVD Initiation Checklist.                   351.202(f), copies of the public version
                                                decline in production, and decline in                      A public version of the initiation                  of the Petitions have been provided to
                                                shipments; reduced employment                            checklist for each investigation is                   the GOC and GOI via ACCESS. To the
                                                variables; and adverse impact on                         available on ACCESS and at http://                    extent practicable, we will attempt to
                                                financial performance.28 We assessed                     trade.gov/enforcement/news.asp.                       provide a copy of the public version of
                                                                                                           In accordance with section 703(b)(1)                the Petitions to each known exporter (as
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                                                  25 Id.
                                                                                                         of the Act and 19 CFR 351.205(b)(1),                  named in the Petitions), consistent with
                                                   26 See Volume I of the Petitions, at I–23, I–24 and
                                                                                                                                                               19 CFR 351.203(c)(2).
                                                Exhibit I–12; see also General Issues Supplement,          29 See Indonesia CVD Initiation Checklist and
                                                at 11 and Exhibit I–S11.                                 PRC CVD Initiation Checklist, at Attachment III,
                                                                                                                                                               ITC Notification
                                                   27 Id.
                                                                                                         Analysis of Allegations and Evidence of Material        We notified the ITC of our initiation,
                                                   28 See Volume I of the Petitions, at I–22 through
                                                                                                         Injury and Causation for the Antidumping and
                                                I–43 and Exhibits I–3 and I–10 through I–26; see         Countervailing Duty Petitions Covering Certain
                                                                                                                                                               as required by section 702(d) of the Act.
                                                also General Issues Supplement, at 1, 8–11 and           Uncoated Paper from Australia, Brazil, the People’s
                                                Exhibits I–S1 and I–S8 through I–S13.                    Republic of China, Indonesia, and Portugal.             30 See   Volume I of the Petitions, at Exhibit I–7.



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                                                8602                         Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

                                                Preliminary Determinations by the ITC                      submitting factual information in these                Certification Requirements
                                                                                                           investigations.                                          Any party submitting factual
                                                   The ITC will preliminarily determine,
                                                within 45 days after the date on which                     Revised Extension of Time Limits                       information in an AD or CVD
                                                the Petitions were filed, whether there                    Regulation                                             proceeding must certify to the accuracy
                                                is a reasonable indication that imports                                                                           and completeness of that information.34
                                                of certain uncoated paper from the PRC                        On September 20, 2013, the                          Parties are hereby reminded that revised
                                                and/or Indonesia are materially injuring,                  Department modified its regulation                     certification requirements are in effect
                                                                                                           concerning the extension of time limits                for company/government officials, as
                                                or threatening material injury to, a U.S.
                                                                                                           for submissions in AD and CVD                          well as their representatives.
                                                industry.31 A negative ITC
                                                                                                           proceedings.33 The modification                        Investigations initiated on the basis of
                                                determination for either country will
                                                                                                           clarifies that parties may request an                  petitions filed on or after August 16,
                                                result in the investigation being
                                                                                                           extension of time limits before a time                 2013, and other segments of any AD or
                                                terminated with respect to that
                                                                                                           limit established under Part 351 expires,              CVD proceedings initiated on or after
                                                country;32 otherwise, these
                                                                                                           or as otherwise specified by the                       August 16, 2013, should use the formats
                                                investigations will proceed according to
                                                                                                           Secretary. In general, an extension                    for the revised certifications provided at
                                                statutory and regulatory time limits.
                                                                                                           request will be considered untimely if it              the end of the Final Rule.35 The
                                                Submission of Factual Information                          is filed after the time limit established              Department intends to reject factual
                                                                                                           under Part 351 expires. For submissions                submissions if the submitting party does
                                                   On April 10, 2013, the Department                       which are due from multiple parties                    not comply with the applicable revised
                                                published Definition of Factual                                                                                   certification requirements.
                                                                                                           simultaneously, an extension request
                                                Information and Time Limits for
                                                                                                           will be considered untimely if it is filed             Notification to Interested Parties
                                                Submission of Factual Information:
                                                                                                           after 10:00 a.m. on the due date.
                                                Final Rule, 78 FR 21246 (April 10,                                                                                  Interested parties must submit
                                                                                                           Examples include, but are not limited
                                                2013), which modified two regulations                                                                             applications for disclosure under APO
                                                                                                           to: (1) Case and rebuttal briefs, filed                in accordance with 19 CFR 351.305. On
                                                related to AD and CVD proceedings: The
                                                                                                           pursuant to 19 CFR 351.309; (2) factual                January 22, 2008, the Department
                                                definition of factual information (19
                                                                                                           information to value factors under 19                  published Antidumping and
                                                CFR 351.102(b)(21)), and the time limits
                                                for the submission of factual                              CFR 351.408(c), or to measure the                      Countervailing Duty Proceedings:
                                                information (19 CFR 351.301). The final                    adequacy of remuneration under 19 CFR                  Documents Submission Procedures;
                                                rule identifies five categories of factual                 351.511(a)(2), filed pursuant to 19 CFR                APO Procedures, 73 FR 3634 (January
                                                information in 19 CFR 351.102(b)(21),                      351.301(c)(3) and rebuttal, clarification              22, 2008). Parties wishing to participate
                                                which are summarized as follows: (i)                       and correction information filed                       in these investigations should ensure
                                                Evidence submitted in response to                          pursuant to 19 CFR 351.301(c)(3)(iv); (3)              that they meet the requirements of these
                                                questionnaires; (ii) evidence submitted                    comments concerning the selection of a                 procedures (e.g., the filing of letters of
                                                in support of allegations; (iii) publicly                  surrogate country and surrogate values                 appearance as discussed at 19 CFR
                                                available information to value factors                     and rebuttal; (4) comments concerning                  351.103(d)).
                                                under 19 CFR 351.408(c) or to measure                      CBP data; and (5) quantity and value
                                                                                                                                                                    This notice is issued and published
                                                the adequacy of remuneration under 19                      questionnaires. Under certain                          pursuant to sections 702 and 777(i) of the
                                                CFR 351.511(a)(2); (iv) evidence placed                    circumstances, the Department may                      Act.
                                                on the record by the Department; and (v)                   elect to specify a different time limit by               Dated: February 10, 2015.
                                                evidence other than factual information                    which extension requests will be                       Paul Piquado,
                                                described in (i)–(iv). The final rule                      considered untimely for submissions                    Assistant Secretary for Enforcement and
                                                requires any party, when submitting                        which are due from multiple parties                    Compliance.
                                                factual information, to specify under                      simultaneously. In such a case, the
                                                                                                           Department will inform parties in the                  Appendix I
                                                which subsection of 19 CFR
                                                351.102(b)(21) the information is being                    letter or memorandum setting forth the                 Scope of the Investigations
                                                submitted and, if the information is                       deadline (including a specified time) by                 The merchandise covered by these
                                                submitted to rebut, clarify, or correct                    which extension requests must be filed                 investigations includes uncoated paper in
                                                factual information already on the                         to be considered timely. This                          sheet form; weighing at least 40 grams per
                                                record, to provide an explanation                          modification also requires that an                     square meter but not more than 150 grams
                                                identifying the information already on                     extension request must be made in a                    per square meter; that either is a white paper
                                                                                                                                                                  with a GE brightness level1 of 85 or higher
                                                the record that the factual information                    separate, stand-alone submission, and
                                                seeks to rebut, clarify, or correct. The                   clarifies the circumstances under which                  34 See  section 782(b) of the Act.
                                                final rule also modified 19 CFR 351.301                    the Department will grant untimely-                      35 See  Certification of Factual Information to
                                                so that, rather than providing general                     filed requests for the extension of time               Import Administration During Antidumping and
                                                time limits, there are specific time limits                limits. These modifications are effective              Countervailing Duty Proceedings, 78 FR 42678 (July
                                                based on the type of factual information                   for all segments initiated on or after                 17, 2013) (‘‘Final Rule’’); see also frequently asked
                                                                                                                                                                  questions regarding the Final Rule, available at
                                                being submitted. These modifications                       October 21, 2013, and thus are                         http://enforcement.trade.gov/tlei/notices/factual_
                                                are effective for all proceeding segments                  applicable to these investigations.                    info_final_rule_FAQ_07172013.pdf.
                                                initiated on or after May 10, 2013, and                    Interested parties should review                          1 One of the key measurements of any grade of
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                                                thus are applicable to these                               Extension of Time Limits; Final Rule,                  paper is brightness. Generally speaking, the brighter
                                                                                                                                                                  the paper the better the contrast between the paper
                                                investigations. Interested parties should                  available at http://www.gpo.gov/fdsys/                 and the ink. Brightness is measured using a GE
                                                review the final rule, available at http://                pkg/FR-2013-09-20/html/2013-                           Reflectance Scale, which measures the reflection of
                                                enforcement.trade.gov/frn/2013/                            22853.htm, prior to submitting factual                 light off a grade of paper. One is the lowest
                                                1304frn/2013–08227.txt, prior to                           information in these investigations.                   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
                                                  31 See   section 703(a) of the Act.                        33 See Extension of Time Limits; Final Rule, 78 FR   means a paper with a hue other than white that
                                                  32 Id.                                                   57790 (September 20, 2013).                            reflects one of the primary colors of magenta,



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                                                                          Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices                                               8603

                                                or is a colored paper; whether or not surface-          Products Co., Ltd. (‘‘Petitioner’’), and               respect to these entities, in accordance
                                                decorated, printed (except as described                 Hangzhou Yingqing Material Co. Ltd                     with 19 CFR 351.213(d)(1).
                                                below), embossed, perforated, or punched;               (‘‘Yingqing Material’’), we are now
                                                irrespective of the smoothness of the surface;                                                                 Assessment
                                                                                                        rescinding this administrative review
                                                and irrespective of dimensions (Certain                                                                           The Department will instruct U.S.
                                                Uncoated Paper).                                        with respect to 35 companies.
                                                                                                        DATES: Effective Date: February 18,                    Customs and Border Protection (‘‘CBP’’)
                                                   Certain Uncoated Paper includes (a)
                                                uncoated free sheet paper that meets this               2015.                                                  to assess antidumping duties on all
                                                scope definition; (b) uncoated groundwood                                                                      appropriate entries. For the companies
                                                                                                        FOR FURTHER INFORMATION CONTACT:                       for which this review is rescinded,
                                                paper produced from bleached chemi-
                                                thermo-mechanical pulp (BCTMP) that meets               Katie Marksberry, AD/CVD Operations,                   antidumping duties shall be assessed at
                                                this scope definition; and (c) any other                Office V, Enforcement and Compliance,                  rates equal to the cash deposit of
                                                uncoated paper that meets this scope                    International Trade Administration,                    estimated antidumping duties required
                                                definition regardless of the type of pulp used          U.S. Department of Commerce, 14th                      at the time of entry, or withdrawal from
                                                to produce the paper.                                   Street and Constitution Avenue NW.,                    warehouse, for consumption, in
                                                   Specifically excluded from the scope are             Washington, DC 20230; telephone (202)
                                                (1) paper printed with final content of
                                                                                                                                                               accordance with 19 CFR
                                                                                                        482–7906.                                              351.212(c)(1)(i). The Department
                                                printed text or graphics and (2) lined paper
                                                products, typically school supplies,                    Background                                             intends to issue appropriate assessment
                                                composed of paper that incorporates straight                                                                   instructions directly to CBP 15 days
                                                horizontal and/or vertical lines that would                In October 2014, the Department                     after publication of this notice.
                                                make the paper unsuitable for copying or                received multiple timely requests to
                                                printing purposes.                                      conduct an administrative review of the                Notification to Importers
                                                   Imports of the subject merchandise are               antidumping duty order on steel wire                     This notice serves as the only
                                                provided for under Harmonized Tariff                    garment hangers from the PRC.1 Based                   reminder to importers for whom this
                                                Schedule of the United States (HTSUS)                   upon these requests, on November 28,                   review is being rescinded, as of the
                                                categories 4802.56.1000, 4802.56.2000,                  2014, the Department published a notice                publication date of this notice, of their
                                                4802.56.3000, 4802.56.4000, 4802.56.6000,               of initiation of an administrative review
                                                4802.56.7020, 4802.56.7040, 4802.57.1000,                                                                      responsibility under 19 CFR
                                                4802.57.2000, 4802.57.3000, and                         of the Order covering the period October               351.402(f)(2) to file a certificate
                                                4802.57.4000. Some imports of subject                   1, 2013, to September 30, 2014.2 The                   regarding the reimbursement of
                                                merchandise may also be classified under                Department initiated the administrative                antidumping duties prior to liquidation
                                                4802.62.1000, 4802.62.2000, 4802.62.3000,               review with respect to 42 companies.3                  of the relevant entries during this
                                                4802.62.5000, 4802.62.6020, 4802.62.6040,               On December 19, 2014, Petitioner                       review period. Failure to comply with
                                                4802.69.1000, 4802.69.2000, 4802.69.3000,               withdrew its request for an                            this requirement could result in the
                                                4811.90.8050 and 4811.90.9080. While                    administrative review on 35                            Secretary’s presumption that
                                                HTSUS subheadings are provided for                      companies.4 Additionally, on February
                                                convenience and customs purposes, the
                                                                                                                                                               reimbursement of the antidumping
                                                written description of the scope of the
                                                                                                        2, 2015, Yingqing Material withdrew its                duties occurred and the subsequent
                                                investigations is dispositive.                          request for a review of itself.5                       assessment of double antidumping
                                                [FR Doc. 2015–03337 Filed 2–17–15; 8:45 am]             Partial Rescission                                     duties.
                                                BILLING CODE 3510–DS–P                                    Pursuant to 19 CFR 351.213(d)(1), the                Notification Regarding Administrative
                                                                                                        Secretary will rescind an administrative               Protective Orders
                                                                                                        review, in whole or in part, if a party                  This notice also serves as a reminder
                                                DEPARTMENT OF COMMERCE                                  who requested the review withdraws                     to parties subject to administrative
                                                International Trade Administration                      the request within 90 days of the date                 protective orders (‘‘APO’’) of their
                                                                                                        of publication of notice of initiation of              responsibility concerning the return or
                                                [A–570–918]                                             the requested review. All requests for                 destruction of proprietary information
                                                                                                        administrative reviews on the 35                       disclosed under APO in accordance
                                                Steel Wire Garment Hangers From the                     companies listed in the Appendix were                  with 19 CFR 351.305, which continues
                                                People’s Republic of China; 2013–                       withdrawn.6 Accordingly, we are                        to govern business proprietary
                                                2014; Partial Rescission of the Sixth                   rescinding this review, in part, with                  information in this segment of the
                                                Antidumping Duty Administrative                                                                                proceeding. Timely written notification
                                                Review                                                    1 See Notice of Antidumping Duty Order: Steel
                                                                                                                                                               of the return or destruction of APO
                                                                                                        Wire Garment Hangers From the People’s Republic        materials or conversion to judicial
                                                AGENCY:   Enforcement and Compliance,                   of China, 73 FR 58111 (October 6, 2008) (‘‘Order’’).
                                                International Trade Administration,                       2 See Initiation of Antidumping and                  protective order is hereby requested.
                                                Department of Commerce.                                 Countervailing Duty Administrative Reviews, 79 FR      Failure to comply with the regulations
                                                SUMMARY: On November 28, 2014, the                      70850 (November 28, 2014).                             and terms of an APO is a violation
                                                Department of Commerce
                                                                                                          3 Id.
                                                                                                                                                               which is subject to sanction.
                                                                                                          4 See Letter to the Department from Petitioners,
                                                (‘‘Department’’) published a notice of                  Re: Petitioner’s Withdrawal of Review Requests for     Notification to Interested Parties
                                                initiation of an administrative review of               Specific Companies, dated December 19, 2014.
                                                                                                                                                                 This notice is issued and published in
                                                the antidumping duty order on steel                       5 See Letter to the Department from Yingqing

                                                                                                        Material; Re: Withdrawal from Review, dated            accordance with sections 751 and
                                                wire garment hangers from the People’s
                                                                                                        February 2, 2015.                                      777(i)(l) of the Tariff Act of 1930, as
                                                Republic of China (‘‘PRC’’) based on
                                                                                                                                                               amended, and 19 CFR 351.213(d)(4).
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                                                                                                          6 As stated in Change in Practice in NME Reviews,
                                                multiple timely requests for an                         the Department will no longer consider the non-
                                                administrative review. The review                       market economy (‘‘NME’’) entity as an exporter           Dated: February 6, 2015.
                                                covers 42 companies. Based on                           conditionally subject to administrative reviews. See   Christian Marsh,
                                                withdrawals of the requests for review                  Antidumping Proceedings: Announcement of               Deputy Assistant Secretary for Antidumping
                                                                                                        Change in Department Practice for Respondent           and Countervailing Duty Operations.
                                                of certain companies from M&B Metal                     Selection in Antidumping Duty Proceedings and
                                                                                                        Conditional Review of the Nonmarket Economy            APPENDIX
                                                yellow, and cyan (red, yellow, and blue) or a           Entity in NME Antidumping Duty Proceedings, 78
                                                combination of such primary colors.                     FR 65963 (November 4, 2013).                           1 Da Sheng Hanger Ind. Co., Ltd.



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Document Created: 2018-02-16 11:10:18
Document Modified: 2018-02-16 11:10:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: February 18, 2015.
ContactPatricia Tran at (202) 482-1503 or Joy Zhang at (202) 482-1168 (People's Republic of China (PRC)); David Goldberger at (202) 482-4136 or Katherine Johnson at (202) 482-4929 (Indonesia), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation80 FR 8598 

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