80_FR_8640 80 FR 8608 - Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Initiation of Less-Than-Fair-Value Investigations

80 FR 8608 - Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Initiation of Less-Than-Fair-Value Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range8608-8616
FR Document2015-03338

Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015)
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8608-8616]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03338]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-807, A-351-842, A-570-022, A-560-828, A-471-807]


Certain Uncoated Paper From Australia, Brazil, the People's 
Republic of China, Indonesia, and Portugal: Initiation of Less-Than-
Fair-Value Investigations

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


DATES:  Effective Date: February 18, 2015.

FOR FURTHER INFORMATION CONTACT: George McMahon or Eve Wang at (202) 
482-1167 or (202) 482-6231 (Australia); Julia Hancock or Paul Walker at 
(202) 482-1394 or (202) 482-0413 (Brazil); Christopher Hargett or 
Stephanie Moore at (202) 482-4161 or (202) 482-3692 (the People's 
Republic of China (PRC)); Stephen Bailey or Blaine Wiltse at (202) 482-
0193 or (202) 482-6345 (Indonesia); and Kabir Archuletta at (202) 482-
2593 (Portugal), AD/CVD Operations, Enforcement and Compliance, 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 (the Department) 
received the antidumping duty (AD) petitions concerning imports of 
certain uncoated paper (uncoated paper) from Australia, Brazil, the 
PRC, Indonesia, and Portugal, filed in proper form on behalf of the 
petitioners.\1,2\ The Petitions were accompanied by two countervailing 
duty (CVD) petitions on imports of uncoated paper from the PRC and 
Indonesia.\3\ The petitioners are domestic producers of uncoated 
paper,\4\ and a certified union with workers engaged in the manufacture 
and production of the domestic like product in the United States.\5\
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    \1\ 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 known as (the 
petitioners)).
    \2\ See Petitions for the Imposition of Antidumping Duties on 
Imports of Certain Uncoated Paper from Australia, Brazil, the 
People's Republic of China (PRC), Indonesia, and Portugal; and 
Countervailing Duties on Imports from the People's Republic of China 
and Indonesia, dated January 21, 2015 (Petitions).
    \3\ See Petitions.
    \4\ See Volume I of the Petitions, at I-2 and Exhibit I-2.
    \5\ Id., at I-1-I-2 and Exhibit I-2.
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    On January 26, 2015, the Department requested additional 
information and clarification of certain areas of the Petitions.\6\ 
Additionally, on January 27, 2015, the Department held a teleconference 
call with the petitioners regarding issues in the Petition on the PRC 
and the scope of the Petitions.\7\ The petitioners filed responses to 
these requests on January 29, 2015, and January 30, 2015.\8,9\ On 
February 2 and 3, 2015, the Department requested additional information 
and clarification of certain areas of the Petitions on Australia, 
Brazil, Indonesia, and the PRC.\10\ The petitioners filed responses to 
these requests on February 3, 2015.\11\

[[Page 8609]]

Additionally, on February 3, 2015, the Department issued a third 
request for additional information and clarification of certain areas 
of the Petition on Australia.\12\ The petitioners filed their response 
to the Department's third request on the Petition on Australia on 
February 4, 2015.\13\
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    \6\ See Letter from the Department to the petitioners entitled 
``Re: 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 Supplemental Questionnaire), and country-specific 
letters from the Department to the petitioners concerning 
supplemental questions on each of the country-specific records, 
dated January 26, 2015.
    \7\ See Memorandum to the File from Whitney Schalbik, Import 
Policy Analyst, entitled ``Re: Petitions for the Imposition of 
Antidumping Duties on Imports of Uncoated Paper from Australia, 
Brazil, the People's Republic of China, Indonesia, and Portugal and 
Countervailing Duties on Imports of Uncoated Paper from the People's 
Republic of China and Indonesia; Subject: Phone Call with Counsel to 
the Petitioners'' dated January 27, 2015.
    \8\ See Letter from the petitioners to the Department entitled 
``Re: Certain Uncoated Paper from Australia, Brazil, Indonesia, the 
People's Republic of China, and Portugal--Petitioners' Response to 
the Department's January 26, 2015 Supplemental Questions--Portugal 
Dumping Allegation'' dated January 29, 2015 (Portugal Supplement).
    \9\ See Letter from the petitioners to the Department entitled 
``Re: Certain Uncoated Paper from Australia, Brazil, Indonesia, the 
People's Republic of China, and Portugal--Petitioners' Response to 
the Department's General Questions Regarding the Petition'' dated 
January 30, 2015 (General Issues Supplement); Letter from the 
petitioners to the Department entitled ``Re: Certain Uncoated Paper 
from Australia, Brazil, Indonesia, the People's Republic of China, 
and Portugal--Petitioners' Response to the Department's January 26, 
2015, Supplemental Questionnaire: Australia Dumping Allegation'' 
dated January 30, 2015 (Australia Supplement); Letter from the 
petitioners to the Department entitled ``Re: Certain Uncoated Paper 
from Brazil--Petitioners' Response to the Department's Questions 
Regarding the Petition'' dated January 30, 2015 (Brazil Supplement); 
Letter from the petitioners to the Department entitled ``Re: Certain 
Uncoated Paper from Australia, Brazil, Indonesia, the People's 
Republic of China, and Portugal--Petitioners' Response to the 
Department's January 26, 2015, Supplemental Questionnaire: Indonesia 
Dumping Allegation'' dated January 30, 2015 (Indonesia AD 
Supplement); and Letter from the petitioners to the Department 
entitled ``Re: Certain Uncoated Paper from the PRC--Petitioners' 
Response to the Department's Questions Regarding the Petition'' 
dated January 30, 2015 (PRC AD Supplement).
    \10\ See Memorandum to the File from Michael Martin, Lead 
Accountant, Office of Accounting, from Angie Sepulveda, Senior 
Accountant, entitled ``Petition for the Imposition of Antidumping 
Duties on Imports of Certain Uncoated Paper from Australia: 
Financial Expense,'' dated February 2, 2015; Letter from the 
Department to the petitioners entitled ``Petition for the Imposition 
of Antidumping Duties on Imports of Certain Uncoated Paper from 
Brazil: Second Supplemental Questions'', dated February 2, 2015; 
Letter from the Department to the petitioners entitled ``Petition 
for the Imposition of Antidumping Duties on Imports of Certain 
Uncoated Paper from Indonesia: Second Supplemental Questions'', 
dated February 2, 2015; and Letter from the Department to the 
petitioners entitled ``Petition for the Imposition of Antidumping 
Duties on Imports of Certain Uncoated Paper from the People's 
Republic of China: PRC: Second Supplemental Questions,'' dated 
February 2, 2015.
    \11\ See Letter from the petitioners to the Department entitled 
``Re: Certain Uncoated Paper from Australia, Brazil, Indonesia, the 
People's Republic of China, and Portugal--Petitioners' Response to 
the Department's February 2, 2015, Supplemental Questions--Australia 
Dumping Allegation'' dated February 3, 2015 (Australia Second 
Supplement); Letter from the petitioners to the Department entitled 
``Re: Certain Uncoated Paper from Australia, Brazil, Indonesia, the 
People's Republic of China, and Portugal--Petitioners' Response to 
the Department's February 2, 2015, Supplemental Questions--Brazil 
Dumping Allegation'' dated February 3, 2015 (Brazil Second 
Supplement); Letter from the petitioners to the Department entitled 
``Re: Certain Uncoated Paper from Australia, Brazil, Indonesia, the 
People's Republic of China, and Portugal--Petitioners' Response to 
the Department's February 2, 2015, Supplemental Questions--Indonesia 
Dumping Allegation'' dated February 3, 2015 (Second Indonesia AD 
Supplement); and Letter from the petitioners to the Department 
entitled ``Re: Certain Uncoated Paper from Australia, Brazil, 
Indonesia, the People's Republic offo China, and Portugal--
Petitioners'/Petitioners' Response to the Department's February 2, 
2015, Supplemental Department's Additional Questions--China Dumping 
Allegation ``Regarding the Petition,'' dated February 3, 2015 (the 
PRC Second PRC AD Supplement).
    \12\ See Memorandum to the File from George McMahon, Case 
Analyst, Office III, entitled ``Petition for the Imposition of 
Antidumping Duties on Imports of Certain Uncoated Paper from 
Australia: Phone Call with Cousel for Petitioners,'' dated February 
3, 2015.
    \13\ See Letter from the petitioners to the Department entitled 
``Re: Certain Uncoated Paper from Australia, Brazil, Indonesia, the 
People's Republic of China, and Portugal--Petitioners' Submission of 
Revised Information Per the Department of Commerce's Request--
Australia Dumping Allegation'' dated February 4, 2015 (Australia 
Third Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of uncoated 
paper from Australia, Brazil, Indonesia, the PRC, and Portugal are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV) within the meaning of section 731 of the Act, and that 
such imports are materially injuring, or threatening material injury 
to, an industry in the United States. Also, consistent with section 
732(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 these 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 AD 
investigations that the petitioners are requesting.\14\
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    \14\ See the ``Determination of Industry Support for the 
Petitions'' section below.
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Periods of Investigation

    Because the Petitions were filed on January 21, 2015, the periods 
of investigation (POI) are, pursuant to 19 CFR 351.204(b)(1), as 
follows: January 1, 2014, through December 31, 2014, for Australia, 
Brazil, Indonesia, and Portugal; and July 1, 2014, through December 31, 
2014, for the PRC.

Scope of the Investigations

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

Comments on the 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.\15\
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    \15\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplement.
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    As discussed in the preamble to the Department's regulations, we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (scope).\16\ 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 determination. 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 Daylight Time (EDT) 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. EDT on March 12, 2015, which is 10 calendar days after the 
initial comments.
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    \16\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
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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 each of the concurrent AD and 
CVD 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).17,18 An 
electronically-filed document must be received successfully in its 
entirety by the time and date when it is 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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    \17\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011) for details of the 
Department's electronic filing requirements, which went into effect 
on August 5, 2011. Information on help using ACCESS can be found at 
https://access.trade.gov/help.aspx and the handbook can be found at 
https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
    \18\ 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 references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Comments on Product Characteristics for AD Questionnaires

    The Department requests comments from interested parties regarding 
the appropriate physical characteristics of uncoated paper to be 
reported in response to the Department's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors and 
costs of production accurately as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: 1) General product 
characteristics and 2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe uncoated paper, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, the Department attempts to list the most important 
physical characteristics first and the least important characteristics 
last.

[[Page 8610]]

    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all comments must be 
filed by 5:00 p.m. EDT on March 2, 2015, which is 20 calendar days from 
the signature date of this notice. Any rebuttal comments must be filed 
by 5:00 p.m. EDT on March 12, 2015. All comments and submissions to the 
Department must be filed electronically using ACCESS, as explained 
above, on the records of the Australia, Brazil, Indonesia, PRC, and 
Portugal LTFV investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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,\19\ 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.\20\
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    \19\ See section 771(10) of the Act.
    \20\ 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.\21\
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    \21\ For a discussion of the domestic like product analysis in 
this case, see Antidumping Duty Investigation Initiation Checklist: 
Uncoated Paper from Australia (Australia AD 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); 
Antidumping Duty Investigation Initiation Checklist: Uncoated Paper 
from Brazil (Brazil AD Initiation Checklist), at Attachment II; 
Antidumping Duty Investigation Initiation Checklist: Uncoated Paper 
from the People's Republic of China (PRC AD Initiation Checklist), 
at Attachment II; Antidumping Duty Investigation Initiation 
Checklist: Uncoated Paper from Indonesia (Indonesia AD Initiation 
Checklist), at Attachment II; and Antidumping Duty Investigation 
Initiation Checklist: Uncoated Paper from Portugal (Portugal AD 
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 
732(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.\22\ 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,\23\ we relied 
upon the shipment data provided by the petitioners for purposes of 
measuring industry support.\24\
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    \22\ 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.
    \23\ See Volume I of the Petitions, at I-3 and Exhibit I-4.
    \24\ For further discussion, see Australia AD Initiation 
Checklist, Brazil AD Initiation Checklist, PRC AD Initiation 
Checklist, Indonesia AD Initiation Checklist, and Portugal AD 
Initiation Checklist, at Attachment II.
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    Based on the data provided in the Petitions, supplemental 
submissions, and other information readily available to the Department, 
we determine that the petitioners have established industry 
support.\25\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
shipments \26\ 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).\27\ Second, the domestic producers 
(or workers) met the statutory criteria for industry support under 
section 732(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.\28\ Finally, the 
domestic producers (or workers) met the statutory criteria for industry 
support under section 732(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.\29\ Accordingly, the Department determines that the 
Petitions were filed on behalf of the domestic industry within the 
meaning of section 732(b)(1) of the Act.
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    \25\ Id.
    \26\ 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.''
    \27\ See section 732(c)(4)(D) of the Act; see also Australia AD 
Initiation Checklist, Brazil AD Initiation Checklist, PRC AD 
Initiation Checklist, Indonesia AD Initiation Checklist, and 
Portugal AD Initiation Checklist, at Attachment II.
    \28\ Id.
    \29\ Id.
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    The Department finds that the petitioners filed the Petitions on 
behalf

[[Page 8611]]

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 AD investigations that 
they are requesting the Department initiate.\30\
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    \30\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioners allege that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\31\
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    \31\ 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.
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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.\32\ We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, and causation, and we have determined that these allegations 
are properly supported by adequate evidence and meet the statutory 
requirements for initiation.\33\
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    \32\ 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.
    \33\ See Australia AD Initiation Checklist, Brazil AD Initiation 
Checklist, PRC AD Initiation Checklist, Indonesia AD Initiation 
Checklist, and Portugal AD 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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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which the Department based its decision to initiate investigations 
of imports of uncoated paper from Australia, Brazil, Indonesia, the 
PRC, and Portugal. The sources of data for the deductions and 
adjustments relating to U.S. price and NV are discussed in greater 
detail in the country-specific initiation checklists.

Export Price

    For Australia, the petitioners based U.S. export price (EP) on the 
average unit value (AUV) of imports from Australia obtained from ITC 
Dataweb under Harmonized Tariff Schedule of the United States (HTSUS) 
subheading, 4802.56.1000, for the period of January through November 
2014 (the most recent data available for the POI). The petitioners 
state that all imports of uncoated paper from Australia entered under 
this HTSUS subheading during the POI,\34\ and that this HTSUS 
subheading appears to include data for imports of uncoated paper most 
comparable to the products used to calculate NV.\35\
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    \34\ The petitioners stated and the Department confirmed that 
U.S. import data from were available through November 2014 at the 
time of the petition filing. Accordingly, the U.S. import data 
covers the period January 2014--November 2014. See Volume II of the 
Petition at II-19 and Exhibit II-42; see also Australia AD 
Supplement, at II-SQ-7.
    \35\ See Australia AD Initiation Checklist for further 
information on this U.S. price calculation.
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    For Brazil, the petitioners based EP on a price quote for subject 
merchandise produced in Brazil by a producer of uncoated paper and AUVs 
of U.S. imports from Brazil obtained from ITC Dataweb under HTSUS 
subheadings 4802.56.1000 and 4802.56.7040 \36\ for the period of 
January through November 2014 (the most recent data available for the 
POI). The petitioners state that these HTSUS subheadings most closely 
correspond to the specific product that is the basis for NV.\37\ The 
price quote is supported by an affidavit from a person that directly 
received this information.\38\
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    \36\ See Brazil AD Initiation Checklist.
    \37\ See id.
    \38\ See id.
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    For Indonesia, the petitioners based EP on the AUVs of U.S. imports 
from Indonesia obtained from ITC Dataweb under HTSUS subheadings 
4802.56.1000 and 4802.56.7040 for the period of January through 
November 2014 (the most recent data available for the POI). The 
petitioners state that these HTSUS subheadings cover uncoated paper 
most comparable to the products used to calculate NV. The petitioners 
also based EP on transaction-specific prices. To do so, the petitioners 
obtained ship manifest data from the U.S. Customs and Border 
Protection's (CBP) Automated Manifest System (AMS), compiled by Stewart 
Trade Data Services, Inc., and directly linked monthly U.S. port-
specific import statistics by HTSUS subheading (obtained via Department 
of Commerce, Foreign Trade Division Merchandise Imports and Stewart 
Trade Data Services, Inc.) for imports of uncoated paper to shipments 
by the Indonesian producer(s) identified in the ship manifest data.\39\
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    \39\ See Indonesia AD Initiation Checklist.
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    For the PRC, the petitioners based EP on the AUV of U.S. imports 
from the PRC obtained from ITC Dataweb under HTSUS subheading 
4802.56.7040 for the period of July through November 2014 (the most 
recently available data for the POI). The petitioners assert that this 
HTSUS subheading most closely corresponds to the product used to 
calculate NV. The petitioners also based EP on producer-specific prices 
for a PRC producer of uncoated paper for shipments from the PRC under 
HTSUS subheading 4802.56.7040 during the period of July through 
November 2014. The petitioners obtained ship manifest data from CBP's 
AMS, via Datamyne, and linked monthly U.S. port-specific import 
statistics (obtained from the U.S. Census Bureau via Datamyne), for 
imports of uncoated paper entered under HTSUS subheading 4802.56.7040 
to shipments by the PRC producer identified in the ship manifest data. 
\40\
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    \40\ See PRC AD Initiation Checklist.
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    With respect to the PRC, the petitioners originally provided import 
statistics and ship manifest data for imports of uncoated paper from 
the PRC and Hong Kong to use as the basis for calculating EP, alleging 
that imports from the PRC are being transshipped through Hong Kong and 
that imports from Hong Kong are actually imports from the PRC. Because 
the allegation of transshipment is more appropriately dealt with in the 
course of the investigation, we have relied on the AUV of imports of 
uncoated paper from the PRC and the producer-specific prices for the 
PRC producer's shipments that are clearly designated as originating 
from the PRC in both the official import statistics and the ship 
manifest data for purposes of the initiation.\41\
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    \41\ See id.
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    For Portugal, the petitioners based EP on the AUVs of U.S. imports 
from Portugal obtained from ITC Dataweb under HTSUS subheadings 
4802.56.4000 and 4802.56.7040 \42\ for the period January through 
November 2014 (the most recent data available for the POI). The 
petitioners state that these HTSUS subheadings cover uncoated paper 
most comparable to the products used to calculate NV.\43\
---------------------------------------------------------------------------

    \42\ The petitioners also calculated an AUV using export data 
from Portugal. Because the AUVs calculated from U.S. import data are 
available and the petitioners did not claim the U.S. import data are 
unreliable, we have relied on the AUVs the petitioners calculated 
using U.S. import data, in accordance with our normal practice with 
respect to calculating AUVs. See Portugal AD Initiation Checklist. 
See Portugal AD Initiation Checklist.
    \43\ See Portugal AD Initiation Checklist.
---------------------------------------------------------------------------

    For each country's respective AUV, price quote, and/or transaction-
specific price, that forms the basis of EP, the

[[Page 8612]]

petitioners, based on the stated terms of delivery, deducted from these 
prices the adjustments, charges, and expenses associated with exporting 
and delivering the product to the U.S. customer, where appropriate.\44\
---------------------------------------------------------------------------

    \44\ For further information on the U.S. price calculation, see 
Australia AD Initiation Checklist, Brazil AD Initiation Checklist, 
Indonesia AD Initiation Checklist, PRC AD Initiation Checklist, and 
Portugal AD Initiation Checklist.
---------------------------------------------------------------------------

Normal Value

    For Australia, Brazil, Indonesia, and Portugal, the petitioners 
based NV on price quotes or price information from producer(s) and/or 
distributors/resellers of uncoated paper.45 46 For each 
country, the petitioners provided an affidavit or declaration from a 
market researcher for the price quotes or price information that 
specified the price and quantity, terms of delivery, and terms of 
payment.\47\ Additionally, the petitioners made deductions for 
adjustments, charges, and movement expenses consistent with the terms 
of delivery, where applicable.\48\
---------------------------------------------------------------------------

    \45\ See Australia AD Initiation Checklist; Brazil AD Initiation 
Checklist; Indonesia AD Initiation Checklist; and Portugal AD 
Initiation Checklist.
    \46\ The petitioners submitted several other methods as 
potential options to calculate NV but because we are using the 
aforementioned prices as the basis for NV, in accordance with our 
standard methodology, the Department is not using the other NV 
calculation methods provided by the petitioners for purposes of 
determining antidumping duty margins for purposes of initiation. See 
Australia AD Initiation Checklist; Brazil AD Initiation Checklist; 
Indonesia AD Initiation Checklist; and Portugal AD Initiation 
Checklist.
    \47\ Id.
    \48\ Id.
---------------------------------------------------------------------------

    With respect to the PRC, the petitioners state that the Department 
has a long-standing policy of treating the PRC as a non-market economy 
(NME) country for antidumping purposes.\49\ In accordance with section 
771(18)(C)(i) of the Act, the presumption of NME status remains in 
effect until revoked by the Department. The Department has not revoked 
the PRC's NME status as of the date of these Petitions. Moreover, no 
recent changes to the PRC's economy require reconsideration of its NME 
status. Accordingly, the NV of the product is appropriately based on 
factors of production (FOPs), valued in a surrogate market-economy 
country in accordance with section 773(c) of the Act. In the course of 
the investigation covering merchandise from the PRC, all parties, 
including the public, will have the opportunity to provide relevant 
information related to the issues of the PRC's NME status and the 
granting of separate rates to individual exporters.
---------------------------------------------------------------------------

    \49\ See Volume VII of the Petitions, at VII-6, VII-7.
---------------------------------------------------------------------------

    For the PRC, the petitioners calculated NV using the NME 
methodology prescribed by the applicable statute and regulations. The 
petitioners provided the FOPs used in the manufacture of uncoated paper 
and valued FOPs based on a market economy country selected as a 
surrogate.\50\
---------------------------------------------------------------------------

    \50\ See Volume VII of the Petition, at Exhibits 18-20, and 22--
23.
---------------------------------------------------------------------------

    The petitioners identified South Africa as a country that is 
economically comparable to the PRC, based on per-capita GNI data.\51\ 
The petitioners contend that South Africa is the appropriate surrogate 
country for the PRC because it is at a level of economic development 
comparable to that of the NME country, and is a significant producer of 
comparable merchandise, i.e., uncoated paper. The petitioners further 
state that the South African data for valuing the FOPs for uncoated 
paper are available and reliable.\52\ Based on the information provided 
by the petitioners, we believe it is appropriate to use South Africa as 
a surrogate country for initiation purposes. Interested parties will 
have the opportunity to submit comments regarding surrogate-country 
selection and will be provided an opportunity to submit publicly 
available information to value FOPs no later than 30 days before the 
scheduled date of the preliminary determination.\53\
---------------------------------------------------------------------------

    \51\ See Volume VII of the Petition, at 7, citing Memorandum to 
Minoo Hatton, ``Request for a list of Surrogate Countries for a New 
Shipper Review of the Antidumping Duty Order on Small Diameter 
Graphite Electrodes from the People's Republic of China'' (September 
30, 2014).
    \52\ See Volume VII of the Petition, at VII-7 through VII-9.
    \53\ See 19 CFR 351.301(c)(3)(i).
---------------------------------------------------------------------------

Factors of Production

    Because the petitioners do not have access to actual FOPs for any 
PRC manufacturers, the petitioners based consumption rates, including 
direct materials, labor, energy, and packing, for the production of 
merchandise under consideration on the experience of a U.S. 
producer.\54\ The petitioners valued the FOPs using surrogate value 
information from South Africa.\55\
---------------------------------------------------------------------------

    \54\ See Volume VII of the Petition, at 13 and Exhibit VII-18; 
PRC AD Supplement, at Exhibit VII-S5.
    \55\ See Volume VII of the Petition, at 14-16.
---------------------------------------------------------------------------

Valuation of Raw Materials

    The petitioners valued the direct material FOPs using publicly 
available South African import data obtained from Global Trade Atlas 
(GTA) in U.S. dollars for the period May 2014 through October 2014.\56\ 
The petitioners excluded all import values from all countries 
previously determined by the Department to maintain broadly available, 
non-industry-specific export subsidies, from countries previously 
determined by the Department to be NME countries, and from unspecified 
partner countries.\57\
---------------------------------------------------------------------------

    \56\ See Volume VII of the Petition, at 14 and Exhibit VII-20.
    \57\ Id.
---------------------------------------------------------------------------

Valuation of Labor

    The petitioners calculated the labor expense rate using 2012 data 
for South Africa from the International Labor Organization (ILO).\58\ 
The petitioners adjusted this rate for inflation using the consumer 
price index for South Africa published by the International Monetary 
Fund and converted the rate to U.S. dollars using the POI average 
exchange rate.\59\
---------------------------------------------------------------------------

    \58\ See PRC Supplement, at 2 and Exhibit VII-S4.
    \59\ Id., at 7 and Exhibit II-11; see also PRC AD Supplement, at 
5, item 9, and Exhibits II-S7 and II-S8.
---------------------------------------------------------------------------

Valuation of Energy and Water

    The petitioners valued electricity using rates published by Eskom, 
a South African electricity generator, effective April 2014 to March 
2015.\60\ The petitioners valued natural gas using the prices charged 
for piped natural gas by Sasol Gas Limited, reported by the Energy 
Regulator of South Africa, for the period April 2012 through March 
2013.\61\ The petitioners converted natural gas values from cost per 
kiloJoule to cost per million British thermal units, adjusted for 
inflation using the South African producer price index, and converted 
to U.S. dollars using POI average exchange rates.\62\ The petitioners 
valued hog fuel and fuel oil #2 from South African import 
statistics.\63\ The petitioners valued water using water rates reported 
by Rand Water, a water service provider in South Africa, for the period 
July 2010 through June 2011, adjusted for inflation and converted to 
U.S. dollars.\64\
---------------------------------------------------------------------------

    \60\ See Volume VII of the Petitions, at 15 and Exhibit VII-23.
    \61\ Id.
    \62\ Id.
    \63\ Id.
    \64\ Id.
---------------------------------------------------------------------------

Valuation of Factory Overhead, Selling, General and Administrative 
Expenses, and Profit

    The petitioners calculated surrogate financial ratios (i.e., 
factory overhead expenses, selling, general, and administrative 
expenses (SG&A), and profit) based on the 2013 financial statements of 
Mondi Ltd (Mondi), a

[[Page 8613]]

South African producer of identical merchandise.

Valuation of Packing Inputs

    The petitioners valued packing materials using publicly available 
South African import data obtained from GTA. The petitioners valued 
labor associated with packing using information published by the 
ILO.\65\
---------------------------------------------------------------------------

    \65\ See Volume VII at of the Petitions, at 14 and Exhibits VII-
19, VII-20 and VII-22.
---------------------------------------------------------------------------

Sales-Below-Cost Allegation

    The petitioners also provided information demonstrating reasonable 
grounds to believe or suspect that sales of uncoated paper in the 
Australian, Brazilian, and Indonesian markets were made at prices below 
the cost of production (COP) within the meaning of section 773(b) of 
the Act and requested that the Department conduct a country-wide sales-
below-cost investigation of uncoated paper imports from Australia, 
Brazil, and Indonesia.\66\
---------------------------------------------------------------------------

    \66\ See Australia AD Initiation Checklist; Brazil AD Initiation 
Checklist; and Indonesia AD Initiation Checklist.
---------------------------------------------------------------------------

    With respect to sales-below-cost allegations in the context of 
investigations, the Statement of Administrative Action (SAA) 
accompanying the Uruguay Round Agreements Act states that an allegation 
of sales below COP need not be specific to individual exporters or 
producers.\67\ The SAA states further that ``Commerce will consider 
allegations of below-cost sales in the aggregate for a foreign country 
. . . on a country-wide basis for purposes of initiating an antidumping 
investigation.'' \68\ Consequently, the Department intends to consider 
the petitioners' allegations on a country-wide basis for each 
respective country for purposes of this initiation.
---------------------------------------------------------------------------

    \67\ See SAA, H.R. Doc. No. 103-316, at 833 (1994).
    \68\ Id.
---------------------------------------------------------------------------

    Finally, the SAA provides that section 773(b)(2)(A) of the Act 
retains the requirement that the Department have ``reasonable grounds 
to believe or suspect that below-cost sales have occurred before 
initiating such an investigation.'' \69\ `` `Reasonable grounds' will 
exist when an interested party provides specific factual information on 
costs and prices, observed or constructed, indicating that sales in the 
foreign market in question are at below-cost prices.'' \70\ As 
explained in the ``Cost of Production'' section below, we find 
reasonable grounds exist that indicate sales in Australia, Brazil, and 
Indonesia were made at below-cost prices.
---------------------------------------------------------------------------

    \69\ Id.
    \70\ Id.
---------------------------------------------------------------------------

Cost of Production

    Pursuant to section 773(b)(3) of the Act, COP consists of the cost 
of manufacturing (COM); selling, general, and administrative (SG&A) 
expenses; financial expenses; and packing expenses.
    For Australia, the petitioners calculated COM (except for 
depreciation) based on the experience of a U.S. producer adjusted for 
known differences between the United States and Australia, during the 
proposed POI. The petitioners multiplied the U.S. producer's usage 
quantities by publicly-available data to value the inputs used to 
manufacture uncoated paper in Australia. To determine the depreciation, 
SG&A, and financial expense rates, the petitioners relied on financial 
statements of a producer of uncoated paper in Australia.\71\
---------------------------------------------------------------------------

    \71\ See Australia AD Initiation Checklist.
---------------------------------------------------------------------------

    For Brazil, the petitioners calculated COM (except for 
depreciation) based on the experience of a U.S. producer adjusted for 
known differences between the United States and Brazil, during the 
proposed POI. The petitioners multiplied the U.S. producer's usage 
quantities by publicly-available data to value the inputs used to 
manufacture uncoated paper in Brazil. To determine the depreciation, 
SG&A, and financial expense rates, the petitioners relied on financial 
statements of a producer of uncoated paper in Brazil.\72\
---------------------------------------------------------------------------

    \72\ See Brazil AD Initiation Checklist.
---------------------------------------------------------------------------

    For Indonesia, the petitioners calculated COM based on the 
experience of a U.S. producer adjusted for known differences between 
the United States and Indonesia during the proposed POI. The 
petitioners multiplied the U.S. producer's usage quantities by 
publicly-available data to value the inputs used to manufacture 
uncoated paper in Indonesia. To determine the depreciation, SG&A, and 
financial expense rates, the petitioners relied on financial statements 
of a producer of uncoated paper in Indonesia.\73\
---------------------------------------------------------------------------

    \73\ See Indonesia AD Initiation Checklist.
---------------------------------------------------------------------------

    Based upon a comparison of the ex-factory price of the foreign like 
product in the home market to the COP of the product for Australia, 
Brazil, and Indonesia, respectively, we find reasonable grounds to 
believe or suspect that sales of the foreign like product in the home 
market were made below the COP, within the meaning of section 
773(b)(2)(A)(i) of the Act.\74\ Accordingly, the Department is 
initiating a country-wide cost investigation relating to sales of 
uncoated paper in Australia, Brazil, and Indonesia, respectively.
---------------------------------------------------------------------------

    \74\ See Australia AD Initiation Checklist; Brazil AD Initiation 
Checklist; and Indonesia AD Initiation Checklist.
---------------------------------------------------------------------------

Normal Value Based on Constructed Value

    For Australia, because they alleged sales below cost, pursuant to 
sections 773(a)(4), 773(b) and 773(e) of the Act, the petitioners also 
calculated NV based on constructed value (CV). The petitioners 
calculated CV using the same average COM, SG&A, financial expense, and 
packing figures used to compute the COP. The petitioners relied on the 
same financial statements used as the basis for the depreciation and 
SG&A expense rates to calculate the profit rate. However, because these 
financial statements did not report a profit, the petitioners 
conservatively did not include a profit rate.\75\
---------------------------------------------------------------------------

    \75\ See Australia AD Initiation Checklist.
---------------------------------------------------------------------------

    For Brazil, because they alleged sales below cost, pursuant to 
sections 773(a)(4), 773(b) and 773(e) of the Act, the petitioners also 
calculated NV based on CV. The petitioners calculated CV using the same 
average COM, SG&A, financial expense, and packing figures used to 
compute the COP. The petitioners relied on the same financial 
statements used as the basis for the depreciation and SG&A expense 
rates to calculate the profit rate. However, because these financial 
statements did not report a profit, the petitioners conservatively did 
not include a profit rate.\76\
---------------------------------------------------------------------------

    \76\ See Brazil AD Initiation Checklist.
---------------------------------------------------------------------------

    For Indonesia, because they alleged sales below cost, pursuant to 
sections 773(a)(4), 773(b) and 773(e) of the Act, the petitioners also 
calculated NV based on CV. The petitioners calculated CV using the same 
average COM, SG&A, financial expense, and packing figures used to 
compute the COP. The petitioners relied on the same financial 
statements used as the basis for the depreciation and SG&A expense 
rates to calculate the profit rate.\77\
---------------------------------------------------------------------------

    \77\ See Indonesia AD Initiation Checklist.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of uncoated paper from Australia, Brazil, 
Indonesia, the PRC, and Portugal are being, or are likely to be, sold 
in the United States at less than fair value. Based on comparisons of 
EP to NV (based on home market price and

[[Page 8614]]

constructed value) in accordance with section 773(a) of the Act, the 
estimated dumping margin(s) for uncoated paper from: 1) Australia range 
from 49.90 percent to 222.46 percent; \78\ 2) Brazil range from 86.90 
percent to 172.07 percent; \79\ 3) Indonesia range from 12.08 to 66.82 
percent; \80\ and 4) Portugal range from 2.23 to 22.59 percent.\81\ 
Based on comparisons of EP to NV, in accordance with section 773(c) of 
the Act, the estimated dumping margins for uncoated paper from the PRC 
range from 243.65 to 271.87 percent.\82\
---------------------------------------------------------------------------

    \78\ See Australia AD Initiation Checklist.
    \79\ See Brazil AD Initiation Checklist.
    \80\ See Indonesia AD Initiation Checklist.
    \81\ See Portugal AD Initiation Checklist.
    \82\ See PRC AD Initiation Checklist.
---------------------------------------------------------------------------

Initiation of LTFV Investigations

    Based upon the examination of the AD Petitions on uncoated paper 
from Australia, Brazil, Indonesia, the PRC, and Portugal, we find that 
the Petitions meet the requirements of section 732 of the Act. 
Therefore, we are initiating AD investigations to determine whether 
imports of uncoated paper from Australia, Brazil, Indonesia, the PRC, 
and Portugal are being, or are likely to be, sold in the United States 
at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of this 
initiation.

Respondent Selection

    The petitioners named six companies as producers/exporters of 
uncoated paper from Indonesia.\83\ Following standard practice in AD 
investigations involving market-economy countries, the Department will, 
where appropriate, select respondents based on CBP data for U.S. 
imports of uncoated paper under 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. For Indonesia, we intend to release CBP data under 
Administrative Protective Order (APO) to all parties with access to 
information protected by APO within five-business days of publication 
of this Federal Register notice.\84\ The Department invites comments 
regarding respondent selection within seven days of publication of this 
Federal Register notice.
---------------------------------------------------------------------------

    \83\ See Volume I of the Petitions, at Exhibit I-7.
    \84\ See Certain Steel Nails From India, the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and 
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations, 79 FR 36019, 36024 (June 25, 2014).
---------------------------------------------------------------------------

    Although the Department normally relies on import data from CBP to 
select a limited number of producers/exporters for individual 
examination in AD investigations, the Petitions identified only one 
company as a producer/exporter of uncoated paper in Australia: Paper 
Australia Pty. Ltd.; two companies as producers/exporters of uncoated 
paper in Brazil: International Paper and Suzano Papel e Celulose S.A.; 
and one company as a producer/exporter of uncoated paper in Portugal: 
Portucel/Soporcel.\85\ In addition, the petitioners provided 
information from independent third party sources as support for 
identifying those producers/exporters from Australia, Brazil, and 
Portugal.\86\ Furthermore, we currently know of no additional 
producers/exporters of merchandise under consideration from these 
countries. Accordingly, the Department intends to examine all known 
producers/exporters in the investigations for Australia, Brazil, and 
Portugal (i.e., the companies cited above for each respective 
investigation). We invite interested parties to comment on this issue. 
Parties wishing to comment must do so within five days of the 
publication of this notice in the Federal Register. 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.
---------------------------------------------------------------------------

    \85\ See Volume I of the Petitions, at Exhibit I-7.
    \86\ See Volume II of the Petitions, at II-1-II-2 at footnote 1, 
and Exhibit II-3; Volume V of the Petitions, at V-1 through V-2 and 
Exhibit V-1; Volume VI of the Petitions, at Exhibits VI-1 and VI-2.
---------------------------------------------------------------------------

    With respect to the PRC, the petitioners identified eight potential 
respondents.\87\ In accordance with our standard practice for 
respondent selection in cases involving NME countries, we intend to 
issue quantity-and-value questionnaires to each potential respondent 
and base respondent selection on the responses received. In addition, 
the Department will post the quantity-and-value questionnaire along 
with filing instructions on the Enforcement and Compliance Web site at 
http://www.trade.gov/enforecement/news.asp.
---------------------------------------------------------------------------

    \87\ See Volume I of the Petitions, at Exhibit I-7.
---------------------------------------------------------------------------

    Exporters/producers of uncoated paper from the PRC that do not 
receive quantity-and-value questionnaires by mail may still submit a 
quantity-and-value response and can obtain a copy from the Enforcement 
and Compliance Web site. The quantity-and-value questionnaire must be 
submitted by all the PRC exporters/producers no later than February 24, 
2015, which is two weeks from the signature date of this notice. All 
quantity-and-value questionnaires must be filed electronically via 
ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\88\ 
The specific requirements for submitting a separate-rate application in 
the PRC investigation are outlined in detail in the application itself, 
which is available on the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate 
application will be due 30 days after publication of this initiation 
notice.\89\ For exporters and producers who submit a separate-rate 
application and have been selected as mandatory respondents, these 
exporters and producers will only be eligible for consideration for 
separate-rate status when they respond to all parts of the 
questionnaire as mandatory respondents. The Department requires that 
respondents from the PRC submit a response to both the quantity-and-
value questionnaire and the separate-rate application by their 
respective deadlines in order to receive consideration for separate-
rate status.
---------------------------------------------------------------------------

    \88\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \89\ Although in past investigations this deadline was 60 days, 
consistent with section 351.301(a) of the Department's regulations, 
which states that ``the Secretary may request any person to submit 
factual information at any time during a proceeding,'' this deadline 
is now 30 days.
---------------------------------------------------------------------------

Use of Combination Rates

    The Department will calculate combination rates for certain 
respondents that are eligible for a separate rate in an NME 
investigation. Policy Bulletin 05.1 states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that the Department will 
now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the weighted-average of the individually calculated rates. 
This practice is referred to as the application of ``combination

[[Page 8615]]

rates'' because such rates apply to specific combinations of 
exporters and one or more producers. The cash-deposit rate assigned 
to an exporter will apply only to merchandise both exported by the 
firm in question and produced by a firm that supplied the exporter 
during the period of investigation.
* * * * *
    This practice is necessary to prevent the avoidance of payment 
of antidumping duties by firms shifting exports through exporters 
with the lowest assigned cash-deposit rates. The Department's 
previous practice of accounting for changes in producers during 
administrative reviews is not sufficient to prevent these 
activities, because in many industries, producer can appear and 
disappear frequently prior to the administrative review. Only by 
limiting the application of the separate rate to specific 
combinations of exporters and one or more producers can the 
Department prevent the ``funneling'' of subject merchandise through 
the exporters with the lowest rates.\90\
---------------------------------------------------------------------------

    \90\ See Policy Bulletin 05.1 at 6-7 (emphasis added).

    Therefore, for the Department to grant separate-rate status, the 
identity of all producers supplying a particular exporter eligible for 
a separate rate must be public information to ensure that CBP can apply 
the rate to the proper combination of exporter(s) and producer(s) 
eligible for a particular rate.

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of Australia, Brazil, Indonesia, the PRC, 
and Portugal via ACCESS. To the extent practicable, we will attempt to 
provide a copy of the public version of the Petitions to each exporter 
named in the Petitions, as provided under 19 CFR 351.203(c)(2).

ITC Notification

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

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 uncoated paper from Australia, Brazil, 
Indonesia, the PRC, and/or Portugal are materially injuring or 
threatening material injury to a U.S. industry.\91\ A negative ITC 
determination for any country will result in the investigation being 
terminated with respect to that country; \92\ otherwise, these 
investigations will proceed according to statutory and regulatory time 
limits.
---------------------------------------------------------------------------

    \91\ See section 733(a) of the Act.
    \92\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information, 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. 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.\93\ The modification clarifies that parties may request an 
extension of time limits before a time limit established under 19 CFR 
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 section 19 CFR 351.408(c) or to measure the adequacy of 
remuneration under section 19 CFR 351.511(a)(2) filed pursuant to 19 
CFR 351.301(c)(3) and rebuttal, clarification and correction 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. 
Review Extension of Time Limits, available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in these investigations.
---------------------------------------------------------------------------

    \93\ See Extension of Time Limits, 78 FR 57790 (September 20, 
2013).
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\94\ 
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

[[Page 8616]]

the end of the Final Rule.\95\ The Department intends to reject factual 
submissions if the submitting party does not comply with the applicable 
revised certification requirements.
---------------------------------------------------------------------------

    \94\ See section 782(b) of the Act.
    \95\ 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.
---------------------------------------------------------------------------

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 3627 (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 in 19 CFR 
351.103(d)).
    This notice is issued and published pursuant to section 777(i) of 
the Act and 19 CFR 351.203(c).

    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 or is a 
colored paper; whether or not surface-decorated, printed (except as 
described below), embossed, perforated, or punched; irrespective of 
the smoothness of the surface; and irrespective of dimensions 
(Certain Uncoated Paper).
---------------------------------------------------------------------------

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

    Certain Uncoated Paper includes (a) uncoated free sheet paper 
that meets this scope definition; (b) uncoated ground wood paper 
produced from bleached chemi-thermo-mechanical pulp (BCTMP) that 
meets this scope definition; and (c) any other uncoated paper that 
meets this scope definition regardless of the type of pulp used to 
produce the paper.
    Specifically excluded from the scope are (1) paper printed with 
final content of printed text or graphics and (2) lined paper 
products, typically school supplies, composed of paper that 
incorporates straight horizontal and/or vertical lines that would 
make the paper unsuitable for copying or printing purposes.
    Imports of the subject merchandise are provided for under 
Harmonized Tariff Schedule of the United States (HTSUS) categories 
4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 
4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 
4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of 
subject merchandise may also be classified under 4802.62.1000, 
4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 
4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 
and 4811.90.9080. While HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of the investigations is dispositive.

[FR Doc. 2015-03338 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                8608                      Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

                                                additional time is needed to allow for                  The Petitions                                             3, 2015, the Department requested
                                                additional recruitment and marketing in                    On January 21, 2015, the Department                    additional information and clarification
                                                support of the Mission. Applications                    of Commerce (the Department) received                     of certain areas of the Petitions on
                                                will now be accepted through March 13,                  the antidumping duty (AD) petitions                       Australia, Brazil, Indonesia, and the
                                                2014 (and after that date if space                      concerning imports of certain uncoated                    PRC.10 The petitioners filed responses
                                                remains and scheduling constraints                      paper (uncoated paper) from Australia,                    to these requests on February 3, 2015.11
                                                permit). Interested U.S. companies and                  Brazil, the PRC, Indonesia, and Portugal,
                                                trade associations/organizations                        filed in proper form on behalf of the
                                                                                                                                                                     9 See Letter from the petitioners to the

                                                providing cyber security software and                                                                             Department entitled ‘‘Re: Certain Uncoated Paper
                                                                                                        petitioners.1,2 The Petitions were                        from Australia, Brazil, Indonesia, the People’s
                                                critical infrastructure goods and services              accompanied by two countervailing                         Republic of China, and Portugal—Petitioners’
                                                which have not already submitted an                     duty (CVD) petitions on imports of                        Response to the Department’s General Questions
                                                application are encouraged to do so.                                                                              Regarding the Petition’’ dated January 30, 2015
                                                                                                        uncoated paper from the PRC and                           (General Issues Supplement); Letter from the
                                                   The U.S. Department of Commerce                      Indonesia.3 The petitioners are domestic                  petitioners to the Department entitled ‘‘Re: Certain
                                                will review applications and make                       producers of uncoated paper,4 and a                       Uncoated Paper from Australia, Brazil, Indonesia,
                                                selection decisions on a rolling basis in               certified union with workers engaged in                   the People’s Republic of China, and Portugal—
                                                accordance with the Notice published at                                                                           Petitioners’ Response to the Department’s January
                                                                                                        the manufacture and production of the                     26, 2015, Supplemental Questionnaire: Australia
                                                79 FR 58746 (September 30, 2014) The                    domestic like product in the United                       Dumping Allegation’’ dated January 30, 2015
                                                applicants selected will be notified as                 States.5                                                  (Australia Supplement); Letter from the petitioners
                                                soon as possible.                                          On January 26, 2015, the Department                    to the Department entitled ‘‘Re: Certain Uncoated
                                                                                                        requested additional information and                      Paper from Brazil—Petitioners’ Response to the
                                                Contact Information                                                                                               Department’s Questions Regarding the Petition’’
                                                                                                        clarification of certain areas of the                     dated January 30, 2015 (Brazil Supplement); Letter
                                                   Gemal Brangman, International Trade                  Petitions.6 Additionally, on January 27,                  from the petitioners to the Department entitled ‘‘Re:
                                                Specialist, Trade Missions, U.S.                        2015, the Department held a                               Certain Uncoated Paper from Australia, Brazil,
                                                Department of Commerce, Washington,                     teleconference call with the petitioners                  Indonesia, the People’s Republic of China, and
                                                                                                                                                                  Portugal—Petitioners’ Response to the Department’s
                                                DC 20230, Tel: 202–482–3773, Fax:                       regarding issues in the Petition on the                   January 26, 2015, Supplemental Questionnaire:
                                                202–482–9000, Gemal.Brangman@                           PRC and the scope of the Petitions.7 The                  Indonesia Dumping Allegation’’ dated January 30,
                                                trade.gov.                                              petitioners filed responses to these                      2015 (Indonesia AD Supplement); and Letter from
                                                                                                        requests on January 29, 2015, and                         the petitioners to the Department entitled ‘‘Re:
                                                Frank Spector,                                                                                                    Certain Uncoated Paper from the PRC—Petitioners’
                                                                                                        January 30, 2015.8,9 On February 2 and                    Response to the Department’s Questions Regarding
                                                Trade Missions Program.
                                                                                                                                                                  the Petition’’ dated January 30, 2015 (PRC AD
                                                [FR Doc. 2015–03341 Filed 2–17–15; 8:45 am]                1 United Steel, Paper and Forestry, Rubber,            Supplement).
                                                BILLING CODE 3510–FP–P                                  Manufacturing, Energy, Allied Industrial and                 10 See Memorandum to the File from Michael

                                                                                                        Service Workers International Union; Domtar               Martin, Lead Accountant, Office of Accounting,
                                                                                                        Corporation; Finch Paper LLC; P.H. Glatfelter             from Angie Sepulveda, Senior Accountant, entitled
                                                                                                        Company; and Packaging Corporation of America             ‘‘Petition for the Imposition of Antidumping Duties
                                                DEPARTMENT OF COMMERCE                                  (collectively known as (the petitioners)).                on Imports of Certain Uncoated Paper from
                                                                                                           2 See Petitions for the Imposition of Antidumping      Australia: Financial Expense,’’ dated February 2,
                                                International Trade Administration                      Duties on Imports of Certain Uncoated Paper from          2015; Letter from the Department to the petitioners
                                                                                                        Australia, Brazil, the People’s Republic of China         entitled ‘‘Petition for the Imposition of
                                                [A–602–807, A–351–842, A–570–022, A–560–                (PRC), Indonesia, and Portugal; and Countervailing        Antidumping Duties on Imports of Certain
                                                828, A–471–807]                                         Duties on Imports from the People’s Republic of           Uncoated Paper from Brazil: Second Supplemental
                                                                                                        China and Indonesia, dated January 21, 2015               Questions’’, dated February 2, 2015; Letter from the
                                                Certain Uncoated Paper From                             (Petitions).                                              Department to the petitioners entitled ‘‘Petition for
                                                                                                           3 See Petitions.                                       the Imposition of Antidumping Duties on Imports
                                                Australia, Brazil, the People’s Republic                                                                          of Certain Uncoated Paper from Indonesia: Second
                                                                                                           4 See Volume I of the Petitions, at I–2 and Exhibit
                                                of China, Indonesia, and Portugal:                                                                                Supplemental Questions’’, dated February 2, 2015;
                                                                                                        I–2.
                                                Initiation of Less-Than-Fair-Value                         5 Id., at I–1–I–2 and Exhibit I–2.
                                                                                                                                                                  and Letter from the Department to the petitioners
                                                Investigations                                             6 See Letter from the Department to the
                                                                                                                                                                  entitled ‘‘Petition for the Imposition of
                                                                                                                                                                  Antidumping Duties on Imports of Certain
                                                                                                        petitioners entitled ‘‘Re: Petitions for the Imposition   Uncoated Paper from the People’s Republic of
                                                AGENCY:  Enforcement and Compliance,                    of Antidumping Duties on Imports of Certain               China: PRC: Second Supplemental Questions,’’
                                                International Trade Administration,                     Uncoated Paper from Australia, Brazil, Indonesia,         dated February 2, 2015.
                                                Department of Commerce.                                 the People’s Republic of China, and Portugal, and            11 See Letter from the petitioners to the
                                                                                                        Countervailing Duties on Imports of Certain
                                                                                                                                                                  Department entitled ‘‘Re: Certain Uncoated Paper
                                                DATES:   Effective Date: February 18,                   Uncoated Paper from Indonesia and the People’s
                                                                                                                                                                  from Australia, Brazil, Indonesia, the People’s
                                                2015.                                                   Republic of China: Supplemental Questions’’ dated
                                                                                                                                                                  Republic of China, and Portugal—Petitioners’
                                                                                                        January 26, 2015 (General Issues Supplemental             Response to the Department’s February 2, 2015,
                                                FOR FURTHER INFORMATION CONTACT:                        Questionnaire), and country-specific letters from         Supplemental Questions—Australia Dumping
                                                George McMahon or Eve Wang at (202)                     the Department to the petitioners concerning              Allegation’’ dated February 3, 2015 (Australia
                                                                                                        supplemental questions on each of the country-
                                                482–1167 or (202) 482–6231 (Australia);                 specific records, dated January 26, 2015.
                                                                                                                                                                  Second Supplement); Letter from the petitioners to
                                                Julia Hancock or Paul Walker at (202)                                                                             the Department entitled ‘‘Re: Certain Uncoated
                                                                                                           7 See Memorandum to the File from Whitney
                                                                                                                                                                  Paper from Australia, Brazil, Indonesia, the People’s
                                                482–1394 or (202) 482–0413 (Brazil);                    Schalbik, Import Policy Analyst, entitled ‘‘Re:           Republic of China, and Portugal—Petitioners’
                                                Christopher Hargett or Stephanie Moore                  Petitions for the Imposition of Antidumping Duties        Response to the Department’s February 2, 2015,
                                                at (202) 482–4161 or (202) 482–3692                     on Imports of Uncoated Paper from Australia,              Supplemental Questions—Brazil Dumping
                                                                                                        Brazil, the People’s Republic of China, Indonesia,        Allegation’’ dated February 3, 2015 (Brazil Second
                                                (the People’s Republic of China (PRC));                 and Portugal and Countervailing Duties on Imports         Supplement); Letter from the petitioners to the
                                                Stephen Bailey or Blaine Wiltse at (202)                of Uncoated Paper from the People’s Republic of           Department entitled ‘‘Re: Certain Uncoated Paper
                                                482–0193 or (202) 482–6345
emcdonald on DSK67QTVN1PROD with NOTICES




                                                                                                        China and Indonesia; Subject: Phone Call with             from Australia, Brazil, Indonesia, the People’s
                                                (Indonesia); and Kabir Archuletta at                    Counsel to the Petitioners’’ dated January 27, 2015.      Republic of China, and Portugal—Petitioners’
                                                                                                           8 See Letter from the petitioners to the               Response to the Department’s February 2, 2015,
                                                (202) 482–2593 (Portugal), AD/CVD                       Department entitled ‘‘Re: Certain Uncoated Paper          Supplemental Questions—Indonesia Dumping
                                                Operations, Enforcement and                             from Australia, Brazil, Indonesia, the People’s           Allegation’’ dated February 3, 2015 (Second
                                                Compliance, U.S. Department of                          Republic of China, and Portugal—Petitioners’              Indonesia AD Supplement); and Letter from the
                                                Commerce, 14th Street and Constitution                  Response to the Department’s January 26, 2015             petitioners to the Department entitled ‘‘Re: Certain
                                                                                                        Supplemental Questions—Portugal Dumping                   Uncoated Paper from Australia, Brazil, Indonesia,
                                                Avenue NW., Washington, DC 20230.                       Allegation’’ dated January 29, 2015 (Portugal             the People’s Republic offo China, and Portugal—
                                                SUPPLEMENTARY INFORMATION:                              Supplement).                                              Petitioners’/Petitioners’ Response to the



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                                                                           Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices                                                     8609

                                                Additionally, on February 3, 2015, the                  ‘‘Scope of the Investigations,’’ in                    document must be received successfully
                                                Department issued a third request for                   Appendix I of this notice.                             in its entirety by the time and date when
                                                additional information and clarification                                                                       it is due. Documents excepted from the
                                                                                                        Comments on the Scope of the
                                                of certain areas of the Petition on                                                                            electronic submission requirements
                                                                                                        Investigations
                                                Australia.12 The petitioners filed their                                                                       must be filed manually (i.e., in paper
                                                response to the Department’s third                        During our review of the Petitions, the              form) with Enforcement and
                                                request on the Petition on Australia on                 Department issued questions to, and                    Compliance’s APO/Dockets Unit, Room
                                                February 4, 2015.13                                     received responses from, the petitioners               1870, U.S. Department of Commerce,
                                                  In accordance with section 732(b) of                  pertaining to the proposed scope to                    14th Street and Constitution Avenue
                                                the Tariff Act of 1930, as amended (the                 ensure that the scope language in the                  NW., Washington, DC 20230, and
                                                Act), the petitioners allege that imports               Petitions would be an accurate                         stamped with the date and time of
                                                of uncoated paper from Australia,                       reflection of the products for which the               receipt by the applicable deadlines.
                                                Brazil, Indonesia, the PRC, and Portugal                domestic industry is seeking relief.15
                                                are being, or are likely to be, sold in the               As discussed in the preamble to the                  Comments on Product Characteristics
                                                United States at less than fair value                   Department’s regulations, we are setting               for AD Questionnaires
                                                (LTFV) within the meaning of section                    aside a period for interested parties to                  The Department requests comments
                                                731 of the Act, and that such imports                   raise issues regarding product coverage                from interested parties regarding the
                                                are materially injuring, or threatening                 (scope).16 The period for scope
                                                                                                                                                               appropriate physical characteristics of
                                                material injury to, an industry in the                  comments is intended to provide the
                                                                                                                                                               uncoated paper to be reported in
                                                United States. Also, consistent with                    Department with ample opportunity to
                                                                                                                                                               response to the Department’s AD
                                                section 732(b)(1) of the Act, the                       consider all comments and to consult
                                                                                                                                                               questionnaires. This information will be
                                                Petitions are accompanied by                            with parties prior to the issuance of the
                                                                                                                                                               used to identify the key physical
                                                information reasonably available to the                 preliminary determination. If scope
                                                                                                                                                               characteristics of the subject
                                                petitioners supporting their allegations.               comments include factual information
                                                                                                                                                               merchandise in order to report the
                                                  The Department finds that the                         (see 19 CFR 351.102(b)(21)), all such
                                                                                                                                                               relevant factors and costs of production
                                                petitioners filed these Petitions on                    factual information should be limited to
                                                                                                                                                               accurately as well as to develop
                                                behalf of the domestic industry because                 public information. All such comments
                                                                                                                                                               appropriate product-comparison
                                                the petitioners are interested parties as               must be filed by 5:00 p.m. Eastern
                                                                                                                                                               criteria.
                                                defined in sections 771(9)(C) and (D) of                Daylight Time (EDT) on March 2, 2015,
                                                the Act. The Department also finds that                 which is 20 calendar days from the                        Interested parties may provide any
                                                the petitioners demonstrated sufficient                 signature date of this notice. Any                     information or comments that they feel
                                                industry support with respect to the                    rebuttal comments, which may include                   are relevant to the development of an
                                                initiation of the AD investigations that                factual information, must be filed by                  accurate list of physical characteristics.
                                                the petitioners are requesting.14                       5:00 p.m. EDT on March 12, 2015,                       Specifically, they may provide
                                                                                                        which is 10 calendar days after the                    comments as to which characteristics
                                                Periods of Investigation                                                                                       are appropriate to use as: 1) General
                                                                                                        initial comments.
                                                  Because the Petitions were filed on                     The Department requests that any                     product characteristics and 2) product-
                                                January 21, 2015, the periods of                        factual information the parties consider               comparison criteria. We note that it is
                                                investigation (POI) are, pursuant to 19                 relevant to the scope of the                           not always appropriate to use all
                                                CFR 351.204(b)(1), as follows: January 1,               investigations be submitted during this                product characteristics as product-
                                                2014, through December 31, 2014, for                    time period. However, if a party                       comparison criteria. We base product-
                                                Australia, Brazil, Indonesia, and                       subsequently finds that additional                     comparison criteria on meaningful
                                                Portugal; and July 1, 2014, through                     factual information pertaining to the                  commercial differences among products.
                                                December 31, 2014, for the PRC.                         scope of the investigations may be                     In other words, although there may be
                                                                                                        relevant, the party may contact the                    some physical product characteristics
                                                Scope of the Investigations
                                                                                                        Department and request permission to                   utilized by manufacturers to describe
                                                  The product covered by these                          submit the additional information. All                 uncoated paper, it may be that only a
                                                investigations is uncoated paper from                   such comments must be filed on the                     select few product characteristics take
                                                Australia, Brazil, Indonesia, the PRC,                                                                         into account commercially meaningful
                                                                                                        records of each of the concurrent AD
                                                and Portugal. For a full description of                                                                        physical characteristics. In addition,
                                                                                                        and CVD investigations.
                                                the scope of these investigations, see the                                                                     interested parties may comment on the
                                                                                                        Filing Requirements                                    order in which the physical
                                                Department’s February 2, 2015, Supplemental               All submissions to the Department                    characteristics should be used in
                                                Department’s Additional Questions—China
                                                Dumping Allegation ‘‘Regarding the Petition,’’          must be filed electronically using                     matching products. Generally, the
                                                dated February 3, 2015 (the PRC Second PRC AD           Enforcement and Compliance’s                           Department attempts to list the most
                                                Supplement).                                            Antidumping and Countervailing Duty                    important physical characteristics first
                                                   12 See Memorandum to the File from George
                                                                                                        Centralized Electronic Service System                  and the least important characteristics
                                                McMahon, Case Analyst, Office III, entitled
                                                ‘‘Petition for the Imposition of Antidumping Duties     (ACCESS).17,18 An electronically-filed                 last.
                                                on Imports of Certain Uncoated Paper from
                                                Australia: Phone Call with Cousel for Petitioners,’’       15 See General Issues Supplemental
                                                                                                                                                               access.trade.gov/help/Handbook%20on%20
                                                dated February 3, 2015.                                 Questionnaire; see also General Issues Supplement.     Electronic%20Filling%20Procedures.pdf.
emcdonald on DSK67QTVN1PROD with NOTICES




                                                   13 See Letter from the petitioners to the               16 See Antidumping Duties; Countervailing             18 On November 24, 2014, Enforcement and
                                                Department entitled ‘‘Re: Certain Uncoated Paper        Duties, 62 FR 27296, 27323 (May 19, 1997).             Compliance changed the name of Enforcement and
                                                from Australia, Brazil, Indonesia, the People’s            17 See Antidumping and Countervailing Duty          Compliance’s AD and CVD Centralized Electronic
                                                Republic of China, and Portugal—Petitioners’            Proceedings: Electronic Filing Procedures;             Service System (‘‘IA ACCESS’’) to AD and CVD
                                                Submission of Revised Information Per the               Administrative Protective Order Procedures, 76 FR      Centralized Electronic Service System (‘‘ACCESS’’).
                                                Department of Commerce’s Request—Australia              39263 (July 6, 2011) for details of the Department’s   The Web site location was changed from http://
                                                Dumping Allegation’’ dated February 4, 2015             electronic filing requirements, which went into        iaaccess.trade.gov to http://access.trade.gov. The
                                                (Australia Third Supplement).                           effect on August 5, 2011. Information on help using    Final Rule changing the references to the
                                                   14 See the ‘‘Determination of Industry Support for   ACCESS can be found at https://access.trade.gov/       Regulations can be found at 79 FR 69046
                                                the Petitions’’ section below.                          help.aspx and the handbook can be found at https://    (November 20, 2014).



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                                                8610                         Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

                                                   In order to consider the suggestions of                 addition, the Department’s                             domestic industry.22 Because total
                                                interested parties in developing and                       determination is subject to limitations of             industry production data for the
                                                issuing the AD questionnaires, all                         time and information. Although this                    domestic like product for 2014 are not
                                                comments must be filed by 5:00 p.m.                        may result in different definitions of the             reasonably available and the petitioners
                                                EDT on March 2, 2015, which is 20                          like product, such differences do not                  have established that shipments are a
                                                calendar days from the signature date of                   render the decision of either agency                   reasonable proxy for production data,23
                                                this notice. Any rebuttal comments                         contrary to law.20                                     we relied upon the shipment data
                                                must be filed by 5:00 p.m. EDT on                             Section 771(10) of the Act defines the              provided by the petitioners for purposes
                                                March 12, 2015. All comments and                           domestic like product as ‘‘a product                   of measuring industry support.24
                                                submissions to the Department must be                      which is like, or in the absence of like,                Based on the data provided in the
                                                filed electronically using ACCESS, as                      most similar in characteristics and uses               Petitions, supplemental submissions,
                                                explained above, on the records of the                     with, the article subject to an                        and other information readily available
                                                Australia, Brazil, Indonesia, PRC, and                     investigation under this title.’’ Thus, the            to the Department, we determine that
                                                Portugal LTFV investigations.                              reference point from which the                         the petitioners have established
                                                                                                           domestic like product analysis begins is               industry support.25 First, the Petitions
                                                Determination of Industry Support for                                                                             established support from domestic
                                                the Petitions                                              ‘‘the article subject to an investigation’’
                                                                                                           (i.e., the class or kind of merchandise to             producers (or workers) accounting for
                                                   Section 732(b)(1) of the Act requires                   be investigated, which normally will be                more than 50 percent of the total
                                                that a petition be filed on behalf of the                  the scope as defined in the Petitions).                shipments 26 of the domestic like
                                                domestic industry. Section 732(c)(4)(A)                       With regard to the domestic like                    product and, as such, the Department is
                                                of the Act provides that a petition meets                  product, the petitioners do not offer a                not required to take further action in
                                                this requirement if the domestic                           definition of the domestic like product                order to evaluate industry support (e.g.,
                                                producers or workers who support the                       distinct from the scope of the                         polling).27 Second, the domestic
                                                petition account for: (i) At least 25                      investigations. Based on our analysis of               producers (or workers) met the statutory
                                                percent of the total production of the                     the information submitted on the                       criteria for industry support under
                                                domestic like product; and (ii) more                       record, we determined that uncoated                    section 732(c)(4)(A)(i) of the Act
                                                than 50 percent of the production of the                   paper constitutes a single domestic like               because the domestic producers (or
                                                domestic like product produced by that                     product and we analyzed industry                       workers) who support the Petitions
                                                portion of the industry expressing                         support in terms of that domestic like                 account for at least 25 percent of the
                                                support for, or opposition to, the                         product.21                                             total shipments of the domestic like
                                                petition. Moreover, section 732(c)(4)(D)                      In determining whether the                          product.28 Finally, the domestic
                                                of the Act provides that, if the petition                  petitioners have standing under section                producers (or workers) met the statutory
                                                does not establish support of domestic                     732(c)(4)(A) of the Act, we considered                 criteria for industry support under
                                                producers or workers accounting for                        the industry support data contained in                 section 732(c)(4)(A)(ii) of the Act
                                                more than 50 percent of the total                          the Petitions with reference to the                    because the domestic producers (or
                                                production of the domestic like product,                   domestic like product as defined in the                workers) who support the Petitions
                                                the Department shall: (i) Poll the                         ‘‘Scope of the Investigations,’’ in                    account for more than 50 percent of the
                                                industry or rely on other information in                   Appendix I of this notice. To establish                shipments of the domestic like product
                                                order to determine if there is support for                 industry support, the petitioners                      produced by that portion of the industry
                                                the petition, as required by                               provided their shipments of the                        expressing support for, or opposition to,
                                                subparagraph (A); or (ii) determine                        domestic like product in 2014, and                     the Petitions.29 Accordingly, the
                                                industry support using a statistically                     compared their shipments to the                        Department determines that the
                                                valid sampling method to poll the                          estimated total shipments of the                       Petitions were filed on behalf of the
                                                ‘‘industry.’’                                              domestic like product for the entire                   domestic industry within the meaning
                                                   Section 771(4)(A) of the Act defines                                                                           of section 732(b)(1) of the Act.
                                                the ‘‘industry’’ as the producers as a                        20 See USEC, Inc. v. United States, 132 F. Supp.      The Department finds that the
                                                whole of a domestic like product, or                       2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.    petitioners filed the Petitions on behalf
                                                those producers whose collective output                    v. United States, 688 F. Supp. 639, 644 (CIT 1988),
                                                of a domestic like product constitutes a                   aff’d 865 F.2d 240 (Fed. Cir. 1989)).                    22 See Volume I of the Petitions, at I–2 through
                                                                                                              21 For a discussion of the domestic like product
                                                major proportion of the total domestic                                                                            I–4 and Exhibit I–3; see also General Issues
                                                                                                           analysis in this case, see Antidumping Duty            Supplement, at 5–8 and Exhibits I–S4 through I–S7.
                                                production of the product. Thus, to                        Investigation Initiation Checklist: Uncoated Paper       23 See Volume I of the Petitions, at I–3 and
                                                determine whether a petition has the                       from Australia (Australia AD Initiation Checklist),    Exhibit I–4.
                                                requisite industry support, the statute                    at Attachment II, Analysis of Industry Support for       24 For further discussion, see Australia AD

                                                directs the Department to look to                          the Petitions Covering Uncoated Paper from             Initiation Checklist, Brazil AD Initiation Checklist,
                                                                                                           Australia, Brazil, the People’s Republic of China,     PRC AD Initiation Checklist, Indonesia AD
                                                producers and workers who produce the                      Indonesia, and Portugal (Attachment II);               Initiation Checklist, and Portugal AD Initiation
                                                domestic like product. The International                   Antidumping Duty Investigation Initiation              Checklist, at Attachment II.
                                                Trade Commission (ITC), which is                           Checklist: Uncoated Paper from Brazil (Brazil AD         25 Id.
                                                responsible for determining whether                        Initiation Checklist), at Attachment II; Antidumping     26 As mentioned above, the petitioners have
                                                                                                           Duty Investigation Initiation Checklist: Uncoated
                                                ‘‘the domestic industry’’ has been                         Paper from the People’s Republic of China (PRC AD      established that shipments are a reasonable proxy
                                                injured, must also determine what                          Initiation Checklist), at Attachment II; Antidumping   for production data. Section 351.203(e)(1) of the
                                                                                                                                                                  Department’s regulations states ‘‘production levels
                                                constitutes a domestic like product in                     Duty Investigation Initiation Checklist: Uncoated
                                                                                                                                                                  may be established by reference to alternative data
emcdonald on DSK67QTVN1PROD with NOTICES




                                                order to define the industry. While both                   Paper from Indonesia (Indonesia AD Initiation
                                                                                                           Checklist), at Attachment II; and Antidumping Duty     that the Secretary determines to be indicative of
                                                the Department and the ITC must apply                      Investigation Initiation Checklist: Uncoated Paper     production levels.’’
                                                the same statutory definition regarding                    from Portugal (Portugal AD Initiation Checklist), at
                                                                                                                                                                    27 See section 732(c)(4)(D) of the Act; see also

                                                the domestic like product,19 they do so                    Attachment II. These checklists are dated              Australia AD Initiation Checklist, Brazil AD
                                                                                                           concurrently with this notice and on file              Initiation Checklist, PRC AD Initiation Checklist,
                                                for different purposes and pursuant to a                                                                          Indonesia AD Initiation Checklist, and Portugal AD
                                                                                                           electronically via ACCESS. Access to documents
                                                separate and distinct authority. In                        filed via ACCESS is also available in the Central      Initiation Checklist, at Attachment II.
                                                                                                                                                                    28 Id.
                                                                                                           Records Unit, Room 7046 of the main Department
                                                  19 See   section 771(10) of the Act.                     of Commerce building.                                    29 Id.




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                                                                           Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices                                                         8611

                                                of the domestic industry because they                    unit value (AUV) of imports from                             For the PRC, the petitioners based EP
                                                are interested parties as defined in                     Australia obtained from ITC Dataweb                       on the AUV of U.S. imports from the
                                                sections 771(9)(C) and (D) of the Act and                under Harmonized Tariff Schedule of                       PRC obtained from ITC Dataweb under
                                                they have demonstrated sufficient                        the United States (HTSUS) subheading,                     HTSUS subheading 4802.56.7040 for the
                                                industry support with respect to the AD                  4802.56.1000, for the period of January                   period of July through November 2014
                                                investigations that they are requesting                  through November 2014 (the most                           (the most recently available data for the
                                                the Department initiate.30                               recent data available for the POI). The                   POI). The petitioners assert that this
                                                                                                         petitioners state that all imports of                     HTSUS subheading most closely
                                                Allegations and Evidence of Material
                                                                                                         uncoated paper from Australia entered                     corresponds to the product used to
                                                Injury and Causation
                                                                                                         under this HTSUS subheading during                        calculate NV. The petitioners also based
                                                   The petitioners allege that the U.S.                  the POI,34 and that this HTSUS                            EP on producer-specific prices for a PRC
                                                industry producing the domestic like                     subheading appears to include data for                    producer of uncoated paper for
                                                product is being materially injured, or is               imports of uncoated paper most                            shipments from the PRC under HTSUS
                                                threatened with material injury, by                      comparable to the products used to                        subheading 4802.56.7040 during the
                                                reason of the imports of the subject                     calculate NV.35                                           period of July through November 2014.
                                                merchandise sold at less than normal                        For Brazil, the petitioners based EP on                The petitioners obtained ship manifest
                                                value (NV). In addition, the petitioners                 a price quote for subject merchandise                     data from CBP’s AMS, via Datamyne,
                                                allege that subject imports exceed the                   produced in Brazil by a producer of                       and linked monthly U.S. port-specific
                                                negligibility threshold provided for                     uncoated paper and AUVs of U.S.                           import statistics (obtained from the U.S.
                                                under section 771(24)(A) of the Act.31                   imports from Brazil obtained from ITC                     Census Bureau via Datamyne), for
                                                   The petitioners contend that the                      Dataweb under HTSUS subheadings                           imports of uncoated paper entered
                                                industry’s injured condition is                          4802.56.1000 and 4802.56.7040 36 for                      under HTSUS subheading 4802.56.7040
                                                illustrated by reduced market share;                     the period of January through November                    to shipments by the PRC producer
                                                underselling and price suppression or                    2014 (the most recent data available for                  identified in the ship manifest data. 40
                                                depression; lost sales and revenues;                     the POI). The petitioners state that these                   With respect to the PRC, the
                                                adverse impact on the domestic                           HTSUS subheadings most closely                            petitioners originally provided import
                                                industry, including mill closures,                       correspond to the specific product that                   statistics and ship manifest data for
                                                decline in production, and decline in                    is the basis for NV.37 The price quote is                 imports of uncoated paper from the PRC
                                                shipments; reduced employment                            supported by an affidavit from a person                   and Hong Kong to use as the basis for
                                                variables; and adverse impact on                         that directly received this information.38                calculating EP, alleging that imports
                                                financial performance.32 We have                            For Indonesia, the petitioners based                   from the PRC are being transshipped
                                                assessed the allegations and supporting                  EP on the AUVs of U.S. imports from                       through Hong Kong and that imports
                                                evidence regarding material injury,                      Indonesia obtained from ITC Dataweb                       from Hong Kong are actually imports
                                                threat of material injury, and causation,                under HTSUS subheadings                                   from the PRC. Because the allegation of
                                                and we have determined that these                        4802.56.1000 and 4802.56.7040 for the                     transshipment is more appropriately
                                                allegations are properly supported by                    period of January through November                        dealt with in the course of the
                                                adequate evidence and meet the                           2014 (the most recent data available for                  investigation, we have relied on the
                                                statutory requirements for initiation.33                 the POI). The petitioners state that these                AUV of imports of uncoated paper from
                                                                                                         HTSUS subheadings cover uncoated                          the PRC and the producer-specific
                                                Allegations of Sales at LTFV                             paper most comparable to the products                     prices for the PRC producer’s shipments
                                                   The following is a description of the                 used to calculate NV. The petitioners                     that are clearly designated as originating
                                                allegations of sales at LTFV upon which                  also based EP on transaction-specific                     from the PRC in both the official import
                                                the Department based its decision to                     prices. To do so, the petitioners                         statistics and the ship manifest data for
                                                initiate investigations of imports of                    obtained ship manifest data from the                      purposes of the initiation.41
                                                uncoated paper from Australia, Brazil,                   U.S. Customs and Border Protection’s                         For Portugal, the petitioners based EP
                                                Indonesia, the PRC, and Portugal. The                    (CBP) Automated Manifest System                           on the AUVs of U.S. imports from
                                                sources of data for the deductions and                   (AMS), compiled by Stewart Trade Data                     Portugal obtained from ITC Dataweb
                                                adjustments relating to U.S. price and                   Services, Inc., and directly linked                       under HTSUS subheadings
                                                NV are discussed in greater detail in the                monthly U.S. port-specific import                         4802.56.4000 and 4802.56.7040 42 for
                                                country-specific initiation checklists.                  statistics by HTSUS subheading                            the period January through November
                                                                                                         (obtained via Department of Commerce,                     2014 (the most recent data available for
                                                Export Price
                                                                                                         Foreign Trade Division Merchandise                        the POI). The petitioners state that these
                                                  For Australia, the petitioners based                   Imports and Stewart Trade Data                            HTSUS subheadings cover uncoated
                                                U.S. export price (EP) on the average                    Services, Inc.) for imports of uncoated                   paper most comparable to the products
                                                                                                         paper to shipments by the Indonesian                      used to calculate NV.43
                                                  30 Id.
                                                                                                         producer(s) identified in the ship                           For each country’s respective AUV,
                                                   31 See Volume I of the Petitions, at I–23, I–24 and
                                                                                                         manifest data.39                                          price quote, and/or transaction-specific
                                                Exhibit I–12; see also General Issues Supplement,
                                                at 11 and Exhibit I–S11.
                                                                                                                                                                   price, that forms the basis of EP, the
                                                                                                            34 The petitioners stated and the Department
                                                   32 See Volume I of the Petitions, at I–22 through

                                                I–43 and Exhibits I–3 and I–10 through I–26; see         confirmed that U.S. import data from were available         40 See PRC AD Initiation Checklist.
                                                also General Issues Supplement, at 1, 8–11 and           through November 2014 at the time of the petition           41 See id.
                                                                                                         filing. Accordingly, the U.S. import data covers the
emcdonald on DSK67QTVN1PROD with NOTICES




                                                Exhibits I–S1 and I–S8 through I–S13.                                                                                42 The petitioners also calculated an AUV using
                                                                                                         period January 2014—November 2014. See Volume
                                                   33 See Australia AD Initiation Checklist, Brazil                                                                export data from Portugal. Because the AUVs
                                                                                                         II of the Petition at II–19 and Exhibit II–42; see also
                                                AD Initiation Checklist, PRC AD Initiation                                                                         calculated from U.S. import data are available and
                                                                                                         Australia AD Supplement, at II–SQ–7.
                                                Checklist, Indonesia AD Initiation Checklist, and           35 See Australia AD Initiation Checklist for further
                                                                                                                                                                   the petitioners did not claim the U.S. import data
                                                Portugal AD Initiation Checklist, at Attachment III,                                                               are unreliable, we have relied on the AUVs the
                                                                                                         information on this U.S. price calculation.               petitioners calculated using U.S. import data, in
                                                Analysis of Allegations and Evidence of Material            36 See Brazil AD Initiation Checklist.
                                                Injury and Causation for the Antidumping and                                                                       accordance with our normal practice with respect
                                                                                                            37 See id.
                                                Countervailing Duty Petitions Covering Certain                                                                     to calculating AUVs. See Portugal AD Initiation
                                                Uncoated Paper from Australia, Brazil, the People’s         38 See id.                                             Checklist. See Portugal AD Initiation Checklist.
                                                Republic of China, Indonesia, and Portugal.                 39 See Indonesia AD Initiation Checklist.                43 See Portugal AD Initiation Checklist.




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                                                8612                       Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

                                                petitioners, based on the stated terms of                  For the PRC, the petitioners                         October 2014.56 The petitioners
                                                delivery, deducted from these prices the                calculated NV using the NME                             excluded all import values from all
                                                adjustments, charges, and expenses                      methodology prescribed by the                           countries previously determined by the
                                                associated with exporting and                           applicable statute and regulations. The                 Department to maintain broadly
                                                delivering the product to the U.S.                      petitioners provided the FOPs used in                   available, non-industry-specific export
                                                customer, where appropriate.44                          the manufacture of uncoated paper and                   subsidies, from countries previously
                                                                                                        valued FOPs based on a market                           determined by the Department to be
                                                Normal Value                                                                                                    NME countries, and from unspecified
                                                                                                        economy country selected as a
                                                   For Australia, Brazil, Indonesia, and                surrogate.50                                            partner countries.57
                                                Portugal, the petitioners based NV on                      The petitioners identified South                     Valuation of Labor
                                                price quotes or price information from                  Africa as a country that is economically
                                                producer(s) and/or distributors/resellers                                                                         The petitioners calculated the labor
                                                                                                        comparable to the PRC, based on per-
                                                of uncoated paper.45 46 For each country,                                                                       expense rate using 2012 data for South
                                                                                                        capita GNI data.51 The petitioners
                                                the petitioners provided an affidavit or                                                                        Africa from the International Labor
                                                                                                        contend that South Africa is the
                                                declaration from a market researcher for                                                                        Organization (ILO).58 The petitioners
                                                                                                        appropriate surrogate country for the
                                                the price quotes or price information                                                                           adjusted this rate for inflation using the
                                                                                                        PRC because it is at a level of economic
                                                that specified the price and quantity,                                                                          consumer price index for South Africa
                                                                                                        development comparable to that of the
                                                terms of delivery, and terms of                                                                                 published by the International Monetary
                                                                                                        NME country, and is a significant
                                                payment.47 Additionally, the petitioners                                                                        Fund and converted the rate to U.S.
                                                                                                        producer of comparable merchandise,                     dollars using the POI average exchange
                                                made deductions for adjustments,                        i.e., uncoated paper. The petitioners
                                                charges, and movement expenses                                                                                  rate.59
                                                                                                        further state that the South African data
                                                consistent with the terms of delivery,                  for valuing the FOPs for uncoated paper                 Valuation of Energy and Water
                                                where applicable.48                                     are available and reliable.52 Based on                    The petitioners valued electricity
                                                   With respect to the PRC, the                         the information provided by the                         using rates published by Eskom, a South
                                                petitioners state that the Department has               petitioners, we believe it is appropriate               African electricity generator, effective
                                                a long-standing policy of treating the                  to use South Africa as a surrogate                      April 2014 to March 2015.60 The
                                                PRC as a non-market economy (NME)                       country for initiation purposes.                        petitioners valued natural gas using the
                                                country for antidumping purposes.49 In                  Interested parties will have the                        prices charged for piped natural gas by
                                                accordance with section 771(18)(C)(i) of                opportunity to submit comments                          Sasol Gas Limited, reported by the
                                                the Act, the presumption of NME status                  regarding surrogate-country selection                   Energy Regulator of South Africa, for the
                                                remains in effect until revoked by the                  and will be provided an opportunity to                  period April 2012 through March
                                                Department. The Department has not                      submit publicly available information to                2013.61 The petitioners converted
                                                revoked the PRC’s NME status as of the                  value FOPs no later than 30 days before                 natural gas values from cost per
                                                date of these Petitions. Moreover, no                   the scheduled date of the preliminary                   kiloJoule to cost per million British
                                                recent changes to the PRC’s economy                     determination.53                                        thermal units, adjusted for inflation
                                                require reconsideration of its NME                                                                              using the South African producer price
                                                status. Accordingly, the NV of the                      Factors of Production
                                                                                                                                                                index, and converted to U.S. dollars
                                                product is appropriately based on                         Because the petitioners do not have                   using POI average exchange rates.62 The
                                                factors of production (FOPs), valued in                 access to actual FOPs for any PRC                       petitioners valued hog fuel and fuel oil
                                                a surrogate market-economy country in                   manufacturers, the petitioners based                    #2 from South African import
                                                accordance with section 773(c) of the                   consumption rates, including direct                     statistics.63 The petitioners valued water
                                                Act. In the course of the investigation                 materials, labor, energy, and packing,                  using water rates reported by Rand
                                                covering merchandise from the PRC, all                  for the production of merchandise                       Water, a water service provider in South
                                                parties, including the public, will have                under consideration on the experience                   Africa, for the period July 2010 through
                                                the opportunity to provide relevant                     of a U.S. producer.54 The petitioners                   June 2011, adjusted for inflation and
                                                information related to the issues of the                valued the FOPs using surrogate value                   converted to U.S. dollars.64
                                                PRC’s NME status and the granting of                    information from South Africa.55
                                                separate rates to individual exporters.                                                                         Valuation of Factory Overhead, Selling,
                                                                                                        Valuation of Raw Materials                              General and Administrative Expenses,
                                                   44 For further information on the U.S. price
                                                                                                                                                                and Profit
                                                                                                          The petitioners valued the direct
                                                calculation, see Australia AD Initiation Checklist,
                                                                                                        material FOPs using publicly available                     The petitioners calculated surrogate
                                                Brazil AD Initiation Checklist, Indonesia AD                                                                    financial ratios (i.e., factory overhead
                                                Initiation Checklist, PRC AD Initiation Checklist,      South African import data obtained
                                                and Portugal AD Initiation Checklist.                   from Global Trade Atlas (GTA) in U.S.                   expenses, selling, general, and
                                                   45 See Australia AD Initiation Checklist; Brazil                                                             administrative expenses (SG&A), and
                                                                                                        dollars for the period May 2014 through
                                                AD Initiation Checklist; Indonesia AD Initiation                                                                profit) based on the 2013 financial
                                                Checklist; and Portugal AD Initiation Checklist.
                                                                                                          50 See Volume VII of the Petition, at Exhibits 18–
                                                                                                                                                                statements of Mondi Ltd (Mondi), a
                                                   46 The petitioners submitted several other

                                                methods as potential options to calculate NV but        20, and 22—23.
                                                                                                                                                                  56 See Volume VII of the Petition, at 14 and
                                                                                                          51 See Volume VII of the Petition, at 7, citing
                                                because we are using the aforementioned prices as
                                                                                                        Memorandum to Minoo Hatton, ‘‘Request for a list        Exhibit VII–20.
                                                the basis for NV, in accordance with our standard                                                                 57 Id.
                                                methodology, the Department is not using the other      of Surrogate Countries for a New Shipper Review
                                                                                                                                                                  58 See PRC Supplement, at 2 and Exhibit VII–S4.
                                                NV calculation methods provided by the petitioners      of the Antidumping Duty Order on Small Diameter
emcdonald on DSK67QTVN1PROD with NOTICES




                                                                                                                                                                  59 Id., at 7 and Exhibit II–11; see also PRC AD
                                                for purposes of determining antidumping duty            Graphite Electrodes from the People’s Republic of
                                                margins for purposes of initiation. See Australia AD    China’’ (September 30, 2014).                           Supplement, at 5, item 9, and Exhibits II–S7 and II–
                                                Initiation Checklist; Brazil AD Initiation Checklist;     52 See Volume VII of the Petition, at VII–7 through   S8.
                                                                                                                                                                  60 See Volume VII of the Petitions, at 15 and
                                                Indonesia AD Initiation Checklist; and Portugal AD      VII–9.
                                                Initiation Checklist.                                     53 See 19 CFR 351.301(c)(3)(i).                       Exhibit VII–23.
                                                   47 Id.                                                 54 See Volume VII of the Petition, at 13 and            61 Id.

                                                   48 Id.                                                                                                         62 Id.
                                                                                                        Exhibit VII–18; PRC AD Supplement, at Exhibit
                                                   49 See Volume VII of the Petitions, at VII–6, VII–   VII–S5.                                                   63 Id.

                                                7.                                                        55 See Volume VII of the Petition, at 14–16.            64 Id.




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                                                                          Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices                                                     8613

                                                South African producer of identical                     Indonesia were made at below-cost                     773(b)(2)(A)(i) of the Act.74
                                                merchandise.                                            prices.                                               Accordingly, the Department is
                                                                                                                                                              initiating a country-wide cost
                                                Valuation of Packing Inputs                             Cost of Production
                                                                                                                                                              investigation relating to sales of
                                                  The petitioners valued packing                           Pursuant to section 773(b)(3) of the               uncoated paper in Australia, Brazil, and
                                                materials using publicly available South                Act, COP consists of the cost of                      Indonesia, respectively.
                                                African import data obtained from GTA.                  manufacturing (COM); selling, general,                Normal Value Based on Constructed
                                                The petitioners valued labor associated                 and administrative (SG&A) expenses;                   Value
                                                with packing using information                          financial expenses; and packing
                                                                                                        expenses.                                                For Australia, because they alleged
                                                published by the ILO.65
                                                                                                                                                              sales below cost, pursuant to sections
                                                Sales-Below-Cost Allegation                                For Australia, the petitioners                     773(a)(4), 773(b) and 773(e) of the Act,
                                                                                                        calculated COM (except for                            the petitioners also calculated NV based
                                                   The petitioners also provided                        depreciation) based on the experience of              on constructed value (CV). The
                                                information demonstrating reasonable                    a U.S. producer adjusted for known                    petitioners calculated CV using the
                                                grounds to believe or suspect that sales                differences between the United States                 same average COM, SG&A, financial
                                                of uncoated paper in the Australian,                    and Australia, during the proposed POI.               expense, and packing figures used to
                                                Brazilian, and Indonesian markets were                  The petitioners multiplied the U.S.                   compute the COP. The petitioners relied
                                                made at prices below the cost of                        producer’s usage quantities by publicly-              on the same financial statements used as
                                                production (COP) within the meaning of                  available data to value the inputs used               the basis for the depreciation and SG&A
                                                section 773(b) of the Act and requested                 to manufacture uncoated paper in                      expense rates to calculate the profit rate.
                                                that the Department conduct a country-                  Australia. To determine the                           However, because these financial
                                                wide sales-below-cost investigation of                  depreciation, SG&A, and financial                     statements did not report a profit, the
                                                uncoated paper imports from Australia,                  expense rates, the petitioners relied on              petitioners conservatively did not
                                                Brazil, and Indonesia.66                                financial statements of a producer of                 include a profit rate.75
                                                   With respect to sales-below-cost                     uncoated paper in Australia.71                           For Brazil, because they alleged sales
                                                allegations in the context of                              For Brazil, the petitioners calculated             below cost, pursuant to sections
                                                investigations, the Statement of                        COM (except for depreciation) based on                773(a)(4), 773(b) and 773(e) of the Act,
                                                Administrative Action (SAA)                             the experience of a U.S. producer                     the petitioners also calculated NV based
                                                accompanying the Uruguay Round                          adjusted for known differences between                on CV. The petitioners calculated CV
                                                Agreements Act states that an allegation                the United States and Brazil, during the              using the same average COM, SG&A,
                                                of sales below COP need not be specific                 proposed POI. The petitioners                         financial expense, and packing figures
                                                to individual exporters or producers.67                 multiplied the U.S. producer’s usage                  used to compute the COP. The
                                                                                                        quantities by publicly-available data to              petitioners relied on the same financial
                                                The SAA states further that ‘‘Commerce
                                                                                                        value the inputs used to manufacture                  statements used as the basis for the
                                                will consider allegations of below-cost
                                                                                                        uncoated paper in Brazil. To determine                depreciation and SG&A expense rates to
                                                sales in the aggregate for a foreign
                                                                                                        the depreciation, SG&A, and financial                 calculate the profit rate. However,
                                                country . . . on a country-wide basis for
                                                                                                        expense rates, the petitioners relied on              because these financial statements did
                                                purposes of initiating an antidumping
                                                                                                        financial statements of a producer of                 not report a profit, the petitioners
                                                investigation.’’ 68 Consequently, the
                                                                                                        uncoated paper in Brazil.72                           conservatively did not include a profit
                                                Department intends to consider the
                                                                                                                                                              rate.76
                                                petitioners’ allegations on a country-                     For Indonesia, the petitioners                        For Indonesia, because they alleged
                                                wide basis for each respective country                  calculated COM based on the                           sales below cost, pursuant to sections
                                                for purposes of this initiation.                        experience of a U.S. producer adjusted                773(a)(4), 773(b) and 773(e) of the Act,
                                                   Finally, the SAA provides that section               for known differences between the                     the petitioners also calculated NV based
                                                773(b)(2)(A) of the Act retains the                     United States and Indonesia during the                on CV. The petitioners calculated CV
                                                requirement that the Department have                    proposed POI. The petitioners                         using the same average COM, SG&A,
                                                ‘‘reasonable grounds to believe or                      multiplied the U.S. producer’s usage                  financial expense, and packing figures
                                                suspect that below-cost sales have                      quantities by publicly-available data to              used to compute the COP. The
                                                occurred before initiating such an                      value the inputs used to manufacture                  petitioners relied on the same financial
                                                investigation.’’ 69 ‘‘ ‘Reasonable grounds’             uncoated paper in Indonesia. To                       statements used as the basis for the
                                                will exist when an interested party                     determine the depreciation, SG&A, and                 depreciation and SG&A expense rates to
                                                provides specific factual information on                financial expense rates, the petitioners              calculate the profit rate.77
                                                costs and prices, observed or                           relied on financial statements of a
                                                                                                        producer of uncoated paper in                         Fair Value Comparisons
                                                constructed, indicating that sales in the
                                                foreign market in question are at below-                Indonesia.73                                             Based on the data provided by the
                                                cost prices.’’ 70 As explained in the                      Based upon a comparison of the ex-                 petitioners, there is reason to believe
                                                ‘‘Cost of Production’’ section below, we                factory price of the foreign like product             that imports of uncoated paper from
                                                find reasonable grounds exist that                      in the home market to the COP of the                  Australia, Brazil, Indonesia, the PRC,
                                                indicate sales in Australia, Brazil, and                product for Australia, Brazil, and                    and Portugal are being, or are likely to
                                                                                                        Indonesia, respectively, we find                      be, sold in the United States at less than
                                                                                                                                                              fair value. Based on comparisons of EP
emcdonald on DSK67QTVN1PROD with NOTICES




                                                  65 See Volume VII at of the Petitions, at 14 and      reasonable grounds to believe or suspect
                                                Exhibits VII–19, VII–20 and VII–22.                     that sales of the foreign like product in             to NV (based on home market price and
                                                  66 See Australia AD Initiation Checklist; Brazil
                                                                                                        the home market were made below the
                                                AD Initiation Checklist; and Indonesia AD Initiation                                                            74 See Australia AD Initiation Checklist; Brazil
                                                Checklist.                                              COP, within the meaning of section                    AD Initiation Checklist; and Indonesia AD Initiation
                                                  67 See SAA, H.R. Doc. No. 103–316, at 833 (1994).                                                           Checklist.
                                                  68 Id.                                                  71 See Australia AD Initiation Checklist.             75 See Australia AD Initiation Checklist.
                                                  69 Id.                                                  72 See Brazil AD Initiation Checklist.                76 See Brazil AD Initiation Checklist.
                                                  70 Id.                                                  73 See Indonesia AD Initiation Checklist.             77 See Indonesia AD Initiation Checklist.




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                                                8614                      Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

                                                constructed value) in accordance with                   of publication of this Federal Register                 questionnaire must be submitted by all
                                                section 773(a) of the Act, the estimated                notice.                                                 the PRC exporters/producers no later
                                                dumping margin(s) for uncoated paper                       Although the Department normally                     than February 24, 2015, which is two
                                                from: 1) Australia range from 49.90                     relies on import data from CBP to select                weeks from the signature date of this
                                                percent to 222.46 percent; 78 2) Brazil                 a limited number of producers/exporters                 notice. All quantity-and-value
                                                range from 86.90 percent to 172.07                      for individual examination in AD                        questionnaires must be filed
                                                percent; 79 3) Indonesia range from                     investigations, the Petitions identified                electronically via ACCESS.
                                                12.08 to 66.82 percent; 80 and 4)                       only one company as a producer/
                                                Portugal range from 2.23 to 22.59                       exporter of uncoated paper in Australia:                Separate Rates
                                                percent.81 Based on comparisons of EP                   Paper Australia Pty. Ltd.; two                             In order to obtain separate-rate status
                                                to NV, in accordance with section 773(c)                companies as producers/exporters of                     in an NME investigation, exporters and
                                                of the Act, the estimated dumping                       uncoated paper in Brazil: International                 producers must submit a separate-rate
                                                margins for uncoated paper from the                     Paper and Suzano Papel e Celulose S.A.;                 application.88 The specific requirements
                                                PRC range from 243.65 to 271.87                         and one company as a producer/                          for submitting a separate-rate
                                                percent.82                                              exporter of uncoated paper in Portugal:                 application in the PRC investigation are
                                                                                                        Portucel/Soporcel.85 In addition, the                   outlined in detail in the application
                                                Initiation of LTFV Investigations                       petitioners provided information from                   itself, which is available on the
                                                  Based upon the examination of the                     independent third party sources as                      Department’s Web site at http://
                                                AD Petitions on uncoated paper from                     support for identifying those producers/                enforcement.trade.gov/nme/nme-sep-
                                                Australia, Brazil, Indonesia, the PRC,                  exporters from Australia, Brazil, and                   rate.html. The separate-rate application
                                                and Portugal, we find that the Petitions                Portugal.86 Furthermore, we currently                   will be due 30 days after publication of
                                                meet the requirements of section 732 of                 know of no additional producers/                        this initiation notice.89 For exporters
                                                the Act. Therefore, we are initiating AD                exporters of merchandise under                          and producers who submit a separate-
                                                investigations to determine whether                     consideration from these countries.                     rate application and have been selected
                                                imports of uncoated paper from                          Accordingly, the Department intends to                  as mandatory respondents, these
                                                Australia, Brazil, Indonesia, the PRC,                  examine all known producers/exporters                   exporters and producers will only be
                                                and Portugal are being, or are likely to                in the investigations for Australia,                    eligible for consideration for separate-
                                                be, sold in the United States at LTFV.                  Brazil, and Portugal (i.e., the companies               rate status when they respond to all
                                                In accordance with section 733(b)(1)(A)                 cited above for each respective                         parts of the questionnaire as mandatory
                                                of the Act and 19 CFR 351.205(b)(1),                    investigation). We invite interested                    respondents. The Department requires
                                                unless postponed, we will make our                      parties to comment on this issue. Parties               that respondents from the PRC submit a
                                                preliminary determinations no later                     wishing to comment must do so within                    response to both the quantity-and-value
                                                than 140 days after the date of this                    five days of the publication of this                    questionnaire and the separate-rate
                                                initiation.                                             notice in the Federal Register.                         application by their respective
                                                Respondent Selection                                    Comments must be filed electronically                   deadlines in order to receive
                                                                                                        using ACCESS. An electronically-filed                   consideration for separate-rate status.
                                                   The petitioners named six companies                  document must be received successfully
                                                as producers/exporters of uncoated                      in its entirety by the Department’s                     Use of Combination Rates
                                                paper from Indonesia.83 Following                       electronic records system, ACCESS, by                     The Department will calculate
                                                standard practice in AD investigations                  5 p.m. EST by the date noted above.                     combination rates for certain
                                                involving market-economy countries,                        With respect to the PRC, the                         respondents that are eligible for a
                                                the Department will, where appropriate,                 petitioners identified eight potential                  separate rate in an NME investigation.
                                                select respondents based on CBP data                    respondents.87 In accordance with our                   Policy Bulletin 05.1 states:
                                                for U.S. imports of uncoated paper                      standard practice for respondent
                                                under HTSUS numbers: 4802.56.1000,                                                                                {w}hile continuing the practice of
                                                                                                        selection in cases involving NME                        assigning separate rates only to exporters, all
                                                4802.56.2000, 4802.56.3000,                             countries, we intend to issue quantity-                 separate rates that the Department will now
                                                4802.56.4000, 4802.56.6000,                             and-value questionnaires to each                        assign in its NME Investigation will be
                                                4802.56.7020, 4802.56.7040,                             potential respondent and base                           specific to those producers that supplied the
                                                4802.57.1000, 4802.57.2000,                             respondent selection on the responses                   exporter during the period of investigation.
                                                4802.57.3000, and 4802.57.4000. For                     received. In addition, the Department                   Note, however, that one rate is calculated for
                                                Indonesia, we intend to release CBP                     will post the quantity-and-value                        the exporter and all of the producers which
                                                data under Administrative Protective                    questionnaire along with filing                         supplied subject merchandise to it during the
                                                Order (APO) to all parties with access to               instructions on the Enforcement and                     period of investigation. This practice applies
                                                information protected by APO within                                                                             both to mandatory respondents receiving an
                                                                                                        Compliance Web site at http://                          individually calculated separate rate as well
                                                five-business days of publication of this               www.trade.gov/enforecement/news.asp.                    as the pool of non-investigated firms
                                                Federal Register notice.84 The                             Exporters/producers of uncoated                      receiving the weighted-average of the
                                                Department invites comments regarding                   paper from the PRC that do not receive                  individually calculated rates. This practice is
                                                respondent selection within seven days                  quantity-and-value questionnaires by                    referred to as the application of ‘‘combination
                                                                                                        mail may still submit a quantity-and-
                                                  78 See  Australia AD Initiation Checklist.            value response and can obtain a copy                      88 See Policy Bulletin 05.1: Separate-Rates
                                                  79 See  Brazil AD Initiation Checklist.
                                                                                                        from the Enforcement and Compliance                     Practice and Application of Combination Rates in
                                                   80 See Indonesia AD Initiation Checklist.
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                                                                                                                                                                Antidumping Investigation involving Non-Market
                                                   81 See Portugal AD Initiation Checklist.             Web site. The quantity-and-value                        Economy Countries (April 5, 2005), available at
                                                   82 See PRC AD Initiation Checklist.                                                                          http://enforcement.trade.gov/policy/bull05-1.pdf
                                                                                                          85 See  Volume I of the Petitions, at Exhibit I–7.
                                                   83 See Volume I of the Petitions, at Exhibit I–7.                                                            (Policy Bulletin 05.1).
                                                   84 See Certain Steel Nails From India, the             86 See  Volume II of the Petitions, at II–1–II–2 at     89 Although in past investigations this deadline

                                                Republic of Korea, Malaysia, the Sultanate of           footnote 1, and Exhibit II–3; Volume V of the           was 60 days, consistent with section 351.301(a) of
                                                Oman, Taiwan, the Republic of Turkey, and the           Petitions, at V–1 through V–2 and Exhibit V–1;          the Department’s regulations, which states that ‘‘the
                                                Socialist Republic of Vietnam: Initiation of Less-      Volume VI of the Petitions, at Exhibits VI–1 and VI–    Secretary may request any person to submit factual
                                                Than-Fair-Value Investigations, 79 FR 36019, 36024      2.                                                      information at any time during a proceeding,’’ this
                                                (June 25, 2014).                                           87 See Volume I of the Petitions, at Exhibit I–7.    deadline is now 30 days.



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                                                                           Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices                                                 8615

                                                rates’’ because such rates apply to specific             investigations will proceed according to              request will be considered untimely if it
                                                combinations of exporters and one or more                statutory and regulatory time limits.                 is filed after the time limit established
                                                producers. The cash-deposit rate assigned to                                                                   under Part 351 expires. For submissions
                                                an exporter will apply only to merchandise               Submission of Factual Information
                                                both exported by the firm in question and
                                                                                                                                                               which are due from multiple parties
                                                                                                            On April 10, 2013, the Department                  simultaneously, an extension request
                                                produced by a firm that supplied the exporter            published Definition of Factual
                                                during the period of investigation.                                                                            will be considered untimely if it is filed
                                                                                                         Information and Time Limits for                       after 10:00 a.m. on the due date.
                                                *      *      *       *      *                           Submission of Factual Information, 78
                                                   This practice is necessary to prevent the                                                                   Examples include but are not limited to:
                                                                                                         FR 21246 (April 10, 2013), which                      (1) Case and rebuttal briefs, filed
                                                avoidance of payment of antidumping duties
                                                                                                         modified two regulations related to AD                pursuant to 19 CFR 351.309; (2) factual
                                                by firms shifting exports through exporters
                                                with the lowest assigned cash-deposit rates.             and CVD proceedings: The definition of
                                                                                                                                                               information to value factors under
                                                The Department’s previous practice of                    factual information (19 CFR
                                                                                                                                                               section 19 CFR 351.408(c) or to measure
                                                accounting for changes in producers during               351.102(b)(21)), and the time limits for
                                                                                                                                                               the adequacy of remuneration under
                                                administrative reviews is not sufficient to              the submission of factual information
                                                prevent these activities, because in many                (19 CFR 351.301). The final rule                      section 19 CFR 351.511(a)(2) filed
                                                industries, producer can appear and                      identifies five categories of factual                 pursuant to 19 CFR 351.301(c)(3) and
                                                disappear frequently prior to the                        information in 19 CFR 351.102(b)(21),                 rebuttal, clarification and correction
                                                administrative review. Only by limiting the              which are summarized as follows: (i)                  filed pursuant to 19 CFR
                                                application of the separate rate to specific             Evidence submitted in response to                     351.301(c)(3)(iv); (3) comments
                                                combinations of exporters and one or more                                                                      concerning the selection of a surrogate
                                                producers can the Department prevent the
                                                                                                         questionnaires; (ii) evidence submitted
                                                                                                         in support of allegations; (iii) publicly             country and surrogate values and
                                                ‘‘funneling’’ of subject merchandise through                                                                   rebuttal; (4) comments concerning CBP
                                                the exporters with the lowest rates.90                   available information to value factors
                                                                                                         under 19 CFR 351.408(c) or to measure                 data; and (5) quantity-and-value
                                                  Therefore, for the Department to grant                 the adequacy of remuneration under 19                 questionnaires. Under certain
                                                separate-rate status, the identity of all                CFR 351.511(a)(2); (iv) evidence placed               circumstances, the Department may
                                                producers supplying a particular                         on the record by the Department; and (v)              elect to specify a different time limit by
                                                exporter eligible for a separate rate must               evidence other than factual information               which extension requests will be
                                                be public information to ensure that                     described in (i)–(iv). The final rule                 considered untimely for submissions
                                                CBP can apply the rate to the proper                     requires any party, when submitting                   which are due from multiple parties
                                                combination of exporter(s) and                           factual information, to specify under                 simultaneously. In such a case, the
                                                producer(s) eligible for a particular rate.              which subsection of 19 CFR                            Department will inform parties in the
                                                Distribution of Copies of the Petitions                  351.102(b)(21) the information is being               letter or memorandum setting forth the
                                                                                                         submitted and, if the information is                  deadline (including a specified time) by
                                                  In accordance with section                             submitted to rebut, clarify, or correct               which extension requests must be filed
                                                732(b)(3)(A) of the Act and 19 CFR                       factual information already on the                    to be considered timely. This
                                                351.202(f), copies of the public version                 record, to provide an explanation                     modification also requires that an
                                                of the Petitions have been provided to                   identifying the information already on                extension request must be made in a
                                                the governments of Australia, Brazil,                    the record that the factual information               separate, stand-alone submission, and
                                                Indonesia, the PRC, and Portugal via                     seeks to rebut, clarify, or correct. The              clarifies the circumstances under which
                                                ACCESS. To the extent practicable, we                    final rule also modified 19 CFR 351.301               the Department will grant untimely filed
                                                will attempt to provide a copy of the                    so that, rather than providing general                requests for the extension of time limits.
                                                public version of the Petitions to each                  time limits, there are specific time limits           These modifications are effective for all
                                                exporter named in the Petitions, as                      based on the type of factual information              segments initiated on or after October
                                                provided under 19 CFR 351.203(c)(2).                     being submitted. These modifications                  21, 2013, and thus are applicable to
                                                ITC Notification                                         are effective for all proceeding segments             these investigations. Review Extension
                                                                                                         initiated on or after May 10, 2013, and               of Time Limits, available at http://
                                                  We have notified the ITC of our                        thus are applicable to these                          www.gpo.gov/fdsys/pkg/FR-2013-09-20/
                                                initiation, as required by section 732(d)                investigations. Review the final rule,                html/2013-22853.htm, prior to
                                                of the Act.                                              available at http://                                  submitting factual information in these
                                                Preliminary Determinations by the ITC                    enforcement.trade.gov/frn/2013/                       investigations.
                                                                                                         1304frn/2013-08227.txt, prior to
                                                   The ITC will preliminarily determine,                 submitting factual information in these               Certification Requirements
                                                within 45 days after the date on which                   investigations.                                         Any party submitting factual
                                                the Petitions were filed, whether there
                                                                                                         Revised Extension of Time Limits                      information in an AD or CVD
                                                is a reasonable indication that imports
                                                                                                         Regulation                                            proceeding must certify to the accuracy
                                                of uncoated paper from Australia,
                                                                                                                                                               and completeness of that information.94
                                                Brazil, Indonesia, the PRC, and/or                         On September 20, 2013, the
                                                                                                         Department modified its regulation                    Parties are hereby reminded that revised
                                                Portugal are materially injuring or
                                                                                                         concerning the extension of time limits               certification requirements are in effect
                                                threatening material injury to a U.S.
                                                                                                         for submissions in AD and CVD                         for company/government officials, as
                                                industry.91 A negative ITC
                                                                                                         proceedings.93 The modification                       well as their representatives.
                                                determination for any country will
emcdonald on DSK67QTVN1PROD with NOTICES




                                                                                                         clarifies that parties may request an                 Investigations initiated on the basis of
                                                result in the investigation being
                                                terminated with respect to that                          extension of time limits before a time                petitions filed on or after August 16,
                                                country; 92 otherwise, these                             limit established under 19 CFR 351                    2013, and other segments of any AD or
                                                                                                         expires, or as otherwise specified by the             CVD proceedings initiated on or after
                                                  90 See Policy Bulletin 05.1 at 6–7 (emphasis           Secretary. In general, an extension                   August 16, 2013, should use the formats
                                                added).                                                                                                        for the revised certifications provided at
                                                  91 See section 733(a) of the Act.                        93 See Extension of Time Limits, 78 FR 57790
                                                  92 Id.                                                 (September 20, 2013).                                   94 See   section 782(b) of the Act.



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                                                8616                       Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

                                                the end of the Final Rule.95 The                        printed text or graphics and (2) lined paper          nuclear reactors and decommissioning
                                                Department intends to reject factual                    products, typically school supplies,                  some of its commercial reactor fleet.
                                                submissions if the submitting party does                composed of paper that incorporates straight          U.S. firms will also network with
                                                                                                        horizontal and/or vertical lines that would           Japanese firms and identify potential
                                                not comply with the applicable revised
                                                                                                        make the paper unsuitable for copying or
                                                certification requirements.                             printing purposes.                                    business partners.
                                                                                                          Imports of the subject merchandise are                 ITA hopes that this cooperation
                                                Notification to Interested Parties                                                                            between the U.S. and Japanese private
                                                                                                        provided for under Harmonized Tariff
                                                  Interested parties must submit                        Schedule of the United States (HTSUS)                 sectors will lead to solutions that will
                                                applications for disclosure under APO                   categories 4802.56.1000, 4802.56.2000,                enhance Fukushima recovery efforts.
                                                in accordance with 19 CFR 351.305. On                   4802.56.3000, 4802.56.4000, 4802.56.6000,             ITA is seeking the participation of a
                                                January 22, 2008, the Department                        4802.56.7020, 4802.56.7040, 4802.57.1000,             maximum of 25 U.S. companies or
                                                published Antidumping and                               4802.57.2000, 4802.57.3000, and                       representatives of trade organizations
                                                Countervailing Duty Proceedings:                        4802.57.4000. Some imports of subject                 that produce technology or provide
                                                Documents Submission Procedures;                        merchandise may also be classified under
                                                                                                        4802.62.1000, 4802.62.2000, 4802.62.3000,
                                                                                                                                                              services in the decommissioning or
                                                APO Procedures, 73 FR 3627 (January                     4802.62.5000, 4802.62.6020, 4802.62.6040,             remediation sector, including water
                                                22, 2008). Parties wishing to participate               4802.69.1000, 4802.69.2000, 4802.69.3000,             treatment and waste management. Staff
                                                in these investigations should ensure                   4811.90.8050 and 4811.90.9080. While                  from the U.S. Department of
                                                that they meet the requirements of these                HTSUS subheadings are provided for                    Commerce’s Global Markets, Industry &
                                                procedures (e.g., the filing of letters of              convenience and customs purposes, the                 Analysis (I&A), and U.S. & Foreign
                                                appearance as discussed in 19 CFR                       written description of the scope of the               Commercial Service (CS) units will also
                                                351.103(d)).                                            investigations is dispositive.                        be available in Tokyo to provide export
                                                  This notice is issued and published                   [FR Doc. 2015–03338 Filed 2–17–15; 8:45 am]           counseling and civil nuclear trade
                                                pursuant to section 777(i) of the Act and               BILLING CODE 3510–DS–P                                policy guidance to participating
                                                19 CFR 351.203(c).                                                                                            companies.
                                                  Dated: February 10, 2015.                                                                                      Support for the Fukushima Recovery
                                                Paul Piquado,                                           DEPARTMENT OF COMMERCE                                Forum was confirmed at meetings of the
                                                Assistant Secretary for Enforcement and                                                                       U.S-Japan Bilateral Commission on Civil
                                                Compliance.
                                                                                                        International Trade Administration                    Nuclear Cooperation. The Bilateral
                                                                                                                                                              Commission is a senior-level, forum for
                                                Appendix I                                              Second Japan-U.S. Decommissioning                     consultations on mutual issues of
                                                                                                        and Remediation Fukushima Recovery                    concern to further strengthen bilateral
                                                Scope of the Investigations
                                                                                                        Forum, Tokyo, Japan April 9–10, 2015                  cooperation and advance shared
                                                   The merchandise covered by these
                                                investigations includes uncoated paper in               AGENCY: International Trade                           interests in the area of civil nuclear
                                                sheet form; weighing at least 40 grams per              Administration, Department of                         cooperation. The Bilateral Commission
                                                square meter but not more than 150 grams                Commerce.                                             is chaired by the Department of Energy
                                                per square meter; that either is a white paper                                                                and Japan’s Ministry of Economy,
                                                                                                        ACTION: Notice.
                                                with a GE brightness level 1 of 85 or higher                                                                  Trade, and Industry (METI).
                                                or is a colored paper; whether or not surface-                                                                   The Decommissioning and
                                                decorated, printed (except as described                 Event Description
                                                below), embossed, perforated, or punched;                                                                     Environmental Management Working
                                                                                                           The U.S. Department of Commerce’s                  Group (DEMWG) under the Bilateral
                                                irrespective of the smoothness of the surface;          International Trade Administration
                                                and irrespective of dimensions (Certain                                                                       Commission addresses the long-term
                                                Uncoated Paper).                                        (ITA), with the support of the U.S.                   consequences of the Fukushima
                                                   Certain Uncoated Paper includes (a)                  Department of Energy, is organizing the               accident, including facility
                                                uncoated free sheet paper that meets this               second Japan-United States                            decommissioning, spent fuel storage,
                                                scope definition; (b) uncoated ground wood              Decommissioning and Remediation                       decontamination, and remediation of
                                                paper produced from bleached chemi-                     Fukushima Recovery Forum
                                                thermo-mechanical pulp (BCTMP) that meets
                                                                                                                                                              contaminated areas. The Fukushima
                                                                                                        (‘‘Fukushima Recovery Forum’’) on                     Recovery Forum is under the auspices
                                                this scope definition; and (c) any other                April 9–10, 2015 in Tokyo, Japan.
                                                uncoated paper that meets this scope                                                                          of the DEMWG to further industry
                                                definition regardless of the type of pulp used
                                                                                                        Building on the first Fukushima                       cooperation in support of Fukushima
                                                to produce the paper.                                   Recovery Forum held in February 2014,                 recovery efforts.
                                                   Specifically excluded from the scope are             the 2nd Fukushima Recovery Forum
                                                (1) paper printed with final content of                 will continue to develop U.S.-Japanese                Event Goals
                                                                                                        cooperation on Fukushima recovery                       The Fukushima Recovery Forum is an
                                                   95 See Certification of Factual Information to       efforts. The event will allow U.S. firms              event to bring together U.S. and
                                                Import Administration during Antidumping and            to hear from Japanese Ministries,
                                                Countervailing Duty Proceedings, 78 FR 42678 (July
                                                                                                                                                              Japanese private sector firms in the
                                                17, 2013) (Final Rule); see also frequently asked       utilities, and commissioning entities on              remediation, decommissioning, and
                                                questions regarding the Final Rule, available at        the status of Fukushima recovery. It will             waste management industries to
                                                http://enforcement.trade.gov/tlei/notices/factual_      be a forum for U.S. and Japanese firms                develop relationships that will assist
                                                info_final_rule_FAQ_07172013.pdf.                       to make contacts while sharing
                                                   1 One of the key measurements of any grade of                                                              with the recovery of the Fukushima
                                                paper is brightness. Generally speaking, the brighter   experiences, expertise, and lessons                   region. The Forum is intended to create
                                                the paper the better the contrast between the paper     learned in remediation and                            better market opportunities for U.S.
emcdonald on DSK67QTVN1PROD with NOTICES




                                                and the ink. Brightness is measured using a GE          decommissioning, including work                       companies. It will do this by:
                                                Reflectance Scale, which measures the reflection of
                                                light off a grade of paper. One is the lowest
                                                                                                        underway at Fukushima Dai-ichi                          • Allowing U.S. firms to meet key
                                                reflection, or what would be given to a totally black   Nuclear Power Station, and in Tohoku,                 Japanese officials involved in the
                                                grade, and 100 is the brightest measured grade.         the area affected by the accident at                  planning of decommissioning,
                                                ‘‘Colored paper’’ as used in this scope definition      Fukushima. The event also addresses                   remediation, and other work related to
                                                means a paper with a hue other than white that
                                                reflects one of the primary colors of magenta,
                                                                                                        interest in cooperation in areas related              Fukushima Recovery.
                                                yellow, and cyan (red, yellow, and blue) or a           to nuclear power as Japan moves                         • Creating a venue where U.S. and
                                                combination of such primary colors.                     forward with its plan for restarting its              Japanese firms can share experiences,


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Document Created: 2018-02-16 11:10:38
Document Modified: 2018-02-16 11:10:38
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.
ContactGeorge McMahon or Eve Wang at (202) 482-1167 or (202) 482-6231 (Australia); Julia Hancock or Paul Walker at (202) 482-1394 or (202) 482-0413 (Brazil); Christopher Hargett or Stephanie Moore at (202) 482-4161 or (202) 482-3692 (the People's Republic of China (PRC)); Stephen Bailey or Blaine Wiltse at (202) 482- 0193 or (202) 482-6345 (Indonesia); and Kabir Archuletta at (202) 482- 2593 (Portugal), AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation80 FR 8608 

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