81_FR_11229 81 FR 11187 - Certain Uncoated Paper From Indonesia and the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order (Indonesia) and Countervailing Duty Order (People's Republic of China)

81 FR 11187 - Certain Uncoated Paper From Indonesia and the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order (Indonesia) and Countervailing Duty Order (People's Republic of China)

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 42 (March 3, 2016)

Page Range11187-11189
FR Document2016-04717

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing countervailing duty (CVD) orders on certain uncoated paper from Indonesia and the People's Republic of China (PRC). Also, as explained in this notice, the Department is amending its final affirmative determination with respect to Indonesia to correct the rates assigned to APRIL Fine Paper Macao Commercial Offshore Limited/PT Anugrah Kertas Utama/PT Riau Andalan Kertas/PT Intiguna Primatama/PT Riau Andalan Pulp & Paper/PT Esensindo Cipta Cemerlang (the APRIL companies); Great Champ Trading Limited (Great Champ); Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT Pindo Deli Pulp and Paper Mills (IK/TK/PD); and All-Others.

Federal Register, Volume 81 Issue 42 (Thursday, March 3, 2016)
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11187-11189]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04717]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

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


Certain Uncoated Paper From Indonesia and the People's Republic 
of China: Amended Final Affirmative Countervailing Duty Determination 
and Countervailing Duty Order (Indonesia) and Countervailing Duty Order 
(People's Republic of China)

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing countervailing duty (CVD) orders on certain 
uncoated paper from Indonesia and the People's Republic of China (PRC). 
Also, as explained in this notice, the Department is amending its final 
affirmative determination with respect to Indonesia to correct the 
rates assigned to APRIL Fine Paper Macao Commercial Offshore Limited/PT 
Anugrah Kertas Utama/PT Riau Andalan Kertas/PT Intiguna Primatama/PT 
Riau Andalan Pulp & Paper/PT Esensindo Cipta Cemerlang (the APRIL 
companies); Great Champ Trading Limited (Great Champ); Indah Kiat Pulp 
& Paper TBK/Pabrik Kertas Tjiwi Kimia/PT Pindo Deli Pulp and Paper 
Mills (IK/TK/PD); and All-Others.

DATES: Effective Date: March 3, 2016.

FOR FURTHER INFORMATION CONTACT: Indonesia: David Goldberger, Office 
II, telephone: (202) 482-4136; PRC: Joy Zhang, Office III, telephone: 
(202) 482-1168; AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On January 8, 2016, the Department issued its final determinations 
in the CVD investigations of certain uncoated paper from Indonesia and 
the PRC.\1\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper From Indonesia: Final Affirmative 
Countervailing Duty Determination, 81 FR 3104 (January 20, 2016) 
(Indonesia Final Determination); Certain Uncoated Paper From the 
People's Republic of China: Final Affirmative Countervailing Duty 
Determination, 81 FR 3110 (January 20, 2016).
---------------------------------------------------------------------------

    On January 19, 2016, the Department received a timely allegation 
from Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong) and its 
cross-owned affiliates, Asia Symbol (Guangdong) Omya Minerals Co., Ltd. 
(AS Omya), Asia Symbol (Shandong) Pulp & Paper Co. (AS Shandong), and 
Greenpoint Global Trading (Macao Commercial Offshore) Limited 
(Greenpoint) (collectively, Asia Symbol) that the Department made 
ministerial errors in the final determination in the CVD investigation 
of certain uncoated paper from the PRC.\2\ On January 27, 2016, the 
Department received comments from the petitioners \3\ on Asia Symbol's 
ministerial error allegation.\4\ The Department analyzed the allegation 
submitted by Asia Symbol and determined that no ministerial errors 
exist, as defined by section 705(e) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.224(f).\5\
---------------------------------------------------------------------------

    \2\ See Letter from Asia Symbol, ``Certain Uncoated Paper from 
the People's Republic of China: Ministerial Error Comments, dated 
January 19, 2016.
    \3\ The petitioners are United Steel, Paper and Forestry, 
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers 
International Union (USW); Domtar Corporation; Finch Paper LLC; P.H. 
Glatfelter Company; and Packaging Corporation of America 
(collectively, the petitioners).
    \4\ See Letter from the petitioners, ``Certain Uncoated Paper 
From the People's Republic of China: Petitioners' Response To Asia 
Symbol's Ministerial Error Comments,'' dated January 27, 2016.
    \5\ See Memorandum ``Allegations of Ministerial Errors in the 
Final Determination,'' dated February 1, 2016.
---------------------------------------------------------------------------

    On January 19, 2016, the APRIL companies submitted a timely 
ministerial error allegation, as amended on January 28, 2016, and 
requested that the Department correct the alleged ministerial error in 
the subsidy rate calculations.\6\ No other interested party submitted 
ministerial error allegations or rebuttals to the APRIL companies' 
submissions. The Department analyzed the allegation submitted by the 
APRIL companies and determined that ministerial errors exist, as 
defined by section 705(e) of the Act and 19 CFR 351.224(f).\7\ See 
``Amendment to the Indonesia CVD Final Determination'' section, below 
for further discussion.
---------------------------------------------------------------------------

    \6\ See Letter from the APRIL companies, ``Certain Uncoated 
Paper from Indonesia: Ministerial Error Comments,'' dated January 
19, 2016; Letter from the APRIL companies, ``Certain Uncoated Paper 
from Indonesia: Amended Ministerial Error Comments--AKU--APRIL,'' 
dated January 28, 2016.
    \7\ See Memorandum ``Ministerial Error Allegations in the Final 
Determination,'' dated February 17, 2016 (Ministerial Error Decision 
Memorandum).
---------------------------------------------------------------------------

    On February 22, 2016, the ITC notified the Department of its final 
determinations pursuant to section 705(b)(1)(A)(i) and section 705(d) 
of the Act, that an industry in the United States is materially injured 
by reason of subsidized imports of subject

[[Page 11188]]

merchandise from Indonesia and the PRC.\8\
---------------------------------------------------------------------------

    \8\ See Letter to Christian Marsh, Deputy Assistant Secretary of 
Commerce for Enforcement and Compliance, from Meredith Broadbent, 
Chairman of the U.S. International Trade Commission, regarding 
certain uncoated paper from Australia, Brazil, China, Indonesia, and 
Portugal (February 22, 2016). See also Certain Uncoated Paper from 
Australia, Brazil, China, Indonesia, and Portugal, USITC 
Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Final), 
USITC Publication 4592 (February 2016).
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise subject to these orders 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 \9\ 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).
---------------------------------------------------------------------------

    \9\ 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 of these orders 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. For purposes of 
this scope definition, paper shall be considered ``printed with final 
content'' where at least one side of the sheet has printed text and/or 
graphics that cover at least five percent of the surface area of the 
entire sheet.
    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 is dispositive.

Amendment to the Indonesia CVD Final Determination

    As discussed above, after analyzing the comments received, we 
determined, in accordance with section 705(e) of the Act and 19 CFR 
351.224(e), that we made ministerial errors in certain calculations for 
the Indonesia Final Determination with respect to the APRIL companies. 
This amended final CVD determination corrects these errors and revises 
the ad valorem subsidy rate for the APRIL companies to 21.21 percent, 
Great Champ to 103.99 percent, IK/TK/PD to 109.14 percent, and All-
Others to 21.21 percent.\10\
---------------------------------------------------------------------------

    \10\ See Ministerial Error Decision Memorandum at 3.
---------------------------------------------------------------------------

Countervailing Duty Orders

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC notified the Department of its final determinations that the 
industry in the United States producing certain uncoated paper is 
materially injured by reason of subsidized imports of certain uncoated 
paper from Indonesia and the PRC. Therefore, in accordance with section 
705(c)(2) of the Act, we are publishing these CVD orders.
    As a result of the ITC's final determinations, in accordance with 
section 706(a) of the Act, the Department will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by the 
Department, CVDs on unliquidated entries of certain uncoated paper 
entered, or withdrawn from warehouse, for consumption on or after June 
29, 2015, the date on which the Department published its preliminary 
CVD determinations in the Federal Register,\11\ and before October 27, 
2015, the date on which the Department instructed CBP to discontinue 
the suspension of liquidation in accordance with section 703(d) of the 
Act. Section 703(d) of the Act states that the suspension of 
liquidation pursuant to a preliminary determination may not remain in 
effect for more than four months. Therefore, entries of certain 
uncoated paper made on or after October 27, 2015, and prior to the date 
of publication of the ITC's final determinations in the Federal 
Register are not liable for the assessment of CVDs due to the 
Department's discontinuation, effective October 27, 2015, of the 
suspension of liquidation.
---------------------------------------------------------------------------

    \11\ See Certain Uncoated Paper From Indonesia: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Determination, 80 FR 36971 
(June 29, 2015); Certain Uncoated Paper From the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination 
and Alignment of Final Determination With Final Antidumping 
Determination, 80 FR 36968 (June 29, 2015).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation of certain 
uncoated paper from Indonesia and the PRC, effective the date of 
publication of the ITC's notice of final determinations in the Federal 
Register, and to assess, upon further advice by the Department pursuant 
to section 706(a)(1) of the Act, CVDs for each entry of the subject 
merchandise in an amount based on the net countervailable subsidy rates 
for the subject merchandise. On or after the date of publication of the 
ITC's final injury determinations in the Federal Register, CBP must 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, a cash deposit equal to the rates noted 
below:

Indonesia

------------------------------------------------------------------------
                                                              Amended
                         Company                           subsidy rate
                                                             (percent)
------------------------------------------------------------------------
APRIL Fine Paper Macao Commercial Offshore Limited/PT              21.21
 Anugrah Kertas Utama/PT Riau Andalan Kertas/PT Intiguna
 Primatama/PT Riau Andalan Pulp & Paper/PT Esensindo
 Cipta Cemerlang........................................
Great Champ Trading Limited.............................          103.99

[[Page 11189]]

 
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT          109.14
 Pindo Deli Pulp and Paper Mills........................
All-Others..............................................           21.21
------------------------------------------------------------------------

People's Republic of China

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong),             7.23
 Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS
 Shandong), Asia Symbol (Guangdong) Omya Minerals Co.,
 Ltd. (AS Omya), and Greenpoint Global Trading (Macao
 Commercial Offshore) Limited (Greenpoint)
 (collectively, Asia Symbol Companies)..................
Shandong Sun Paper Industry Joint Stock Co., Ltd.                 176.75
 (Shandong Sun Paper), and Sun Paper (Hong Kong) Co.,
 Ltd. (Sun Paper HK) (collectively, Sun Paper Companies)
UPM (China) Co. Ltd. (UPM)..............................          176.75
All-Others..............................................            7.23
------------------------------------------------------------------------

    This notice constitutes the CVD orders with respect to certain 
uncoated paper from Indonesia and the PRC, pursuant to section 706(a) 
of the Act. Interested parties may contact the Department's Central 
Records Unit, Room B8024 of the main Commerce Building, for a copy of 
an updated list of CVD orders currently in effect.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: February 25, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-04717 Filed 3-2-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                                    11187

                                                  extension request will be considered                    DEPARTMENT OF COMMERCE                                Asia Symbol (Shandong) Pulp & Paper
                                                  untimely if it is filed after 10:00 a.m. on                                                                   Co. (AS Shandong), and Greenpoint
                                                  the due date. Examples include, but are                 International Trade Administration                    Global Trading (Macao Commercial
                                                  not limited to: (1) Case and rebuttal                   [C–560–829, C–570–023]                                Offshore) Limited (Greenpoint)
                                                  briefs, filed pursuant to 19 CFR 351.309;                                                                     (collectively, Asia Symbol) that the
                                                  (2) factual information to value factors                Certain Uncoated Paper From                           Department made ministerial errors in
                                                  under 19 CFR 351.408(c), or to measure                  Indonesia and the People’s Republic of                the final determination in the CVD
                                                  the adequacy of remuneration under 19                   China: Amended Final Affirmative                      investigation of certain uncoated paper
                                                  CFR 351.511(a)(2), filed pursuant to 19                 Countervailing Duty Determination and                 from the PRC.2 On January 27, 2016, the
                                                  CFR 351.301(c)(3) and rebuttal,                         Countervailing Duty Order (Indonesia)                 Department received comments from
                                                  clarification and correction filed                      and Countervailing Duty Order                         the petitioners 3 on Asia Symbol’s
                                                  pursuant to 19 CFR 351.301(c)(3)(iv); (3)               (People’s Republic of China)                          ministerial error allegation.4 The
                                                  comments concerning the selection of a                  AGENCY:  Enforcement and Compliance,                  Department analyzed the allegation
                                                  surrogate country and surrogate values                  International Trade Administration,                   submitted by Asia Symbol and
                                                  and rebuttal; (4) comments concerning                   Department of Commerce.                               determined that no ministerial errors
                                                  U.S. Customs and Border Protection                      SUMMARY: Based on affirmative final                   exist, as defined by section 705(e) of the
                                                  data; and (5) quantity and value                        determinations by the Department of                   Tariff Act of 1930, as amended (the Act),
                                                  questionnaires. Under certain                           Commerce (the Department) and the                     and 19 CFR 351.224(f).5
                                                  circumstances, the Department may                       International Trade Commission (ITC),                    On January 19, 2016, the APRIL
                                                  elect to specify a different time limit by              the Department is issuing countervailing              companies submitted a timely
                                                  which extension requests will be                        duty (CVD) orders on certain uncoated                 ministerial error allegation, as amended
                                                  considered untimely for submissions                     paper from Indonesia and the People’s                 on January 28, 2016, and requested that
                                                  which are due from multiple parties                     Republic of China (PRC). Also, as                     the Department correct the alleged
                                                  simultaneously. In such a case, the                     explained in this notice, the Department              ministerial error in the subsidy rate
                                                  Department will inform parties in the                   is amending its final affirmative                     calculations.6 No other interested party
                                                  letter or memorandum setting forth the                  determination with respect to Indonesia               submitted ministerial error allegations
                                                  deadline (including a specified time) by                to correct the rates assigned to APRIL                or rebuttals to the APRIL companies’
                                                  which extension requests must be filed                  Fine Paper Macao Commercial Offshore                  submissions. The Department analyzed
                                                  to be considered timely. This                           Limited/PT Anugrah Kertas Utama/PT
                                                                                                                                                                the allegation submitted by the APRIL
                                                  modification also requires that an                      Riau Andalan Kertas/PT Intiguna
                                                                                                                                                                companies and determined that
                                                  extension request must be made in a                     Primatama/PT Riau Andalan Pulp &
                                                                                                                                                                ministerial errors exist, as defined by
                                                  separate, stand-alone submission, and                   Paper/PT Esensindo Cipta Cemerlang
                                                                                                          (the APRIL companies); Great Champ                    section 705(e) of the Act and 19 CFR
                                                  clarifies the circumstances under which                                                                       351.224(f).7 See ‘‘Amendment to the
                                                  the Department will grant untimely-                     Trading Limited (Great Champ); Indah
                                                                                                          Kiat Pulp & Paper TBK/Pabrik Kertas                   Indonesia CVD Final Determination’’
                                                  filed requests for the extension of time                                                                      section, below for further discussion.
                                                                                                          Tjiwi Kimia/PT Pindo Deli Pulp and
                                                  limits. These modifications are effective
                                                                                                          Paper Mills (IK/TK/PD); and All-Others.                  On February 22, 2016, the ITC
                                                  for all segments initiated on or after
                                                                                                          DATES: Effective Date: March 3, 2016.                 notified the Department of its final
                                                  October 21, 2013. Please review the
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      determinations pursuant to section
                                                  final rule, available at http://
                                                                                                          Indonesia: David Goldberger, Office II,               705(b)(1)(A)(i) and section 705(d) of the
                                                  www.gpo.gov/fdsys/pkg/FR-2013-09-20/
                                                                                                          telephone: (202) 482–4136; PRC: Joy                   Act, that an industry in the United
                                                  html/2013-22853.htm, prior to
                                                                                                          Zhang, Office III, telephone: (202) 482–              States is materially injured by reason of
                                                  submitting factual information in these
                                                                                                          1168; AD/CVD Operations, Enforcement                  subsidized imports of subject
                                                  segments.
                                                                                                          and Compliance, International Trade
                                                     These initiations and this notice are                Administration, U.S. Department of                       2 See Letter from Asia Symbol, ‘‘Certain Uncoated

                                                  in accordance with section 751(a) of the                Commerce, 14th Street and Constitution                Paper from the People’s Republic of China:
                                                  Act (19 U.S.C. 1675(a)) and 19 CFR                      Avenue NW., Washington, DC 20230.                     Ministerial Error Comments, dated January 19,
                                                                                                                                                                2016.
                                                  351.221(c)(1)(i).                                       SUPPLEMENTARY INFORMATION:                               3 The petitioners are United Steel, Paper and

                                                    Dated: February 25, 2016.                                                                                   Forestry, Rubber, Manufacturing, Energy, Allied
                                                                                                          Background                                            Industrial and Service Workers International Union
                                                  Gary Taverman,
                                                                                                             On January 8, 2016, the Department                 (USW); Domtar Corporation; Finch Paper LLC; P.H.
                                                  Associate Deputy Assistant Secretary for                                                                      Glatfelter Company; and Packaging Corporation of
                                                  Antidumping and Countervailing Duty                     issued its final determinations in the                America (collectively, the petitioners).
                                                  Operations.                                             CVD investigations of certain uncoated                   4 See Letter from the petitioners, ‘‘Certain

                                                  [FR Doc. 2016–04702 Filed 3–2–16; 8:45 am]
                                                                                                          paper from Indonesia and the PRC.1                    Uncoated Paper From the People’s Republic of
                                                                                                             On January 19, 2016, the Department                China: Petitioners’ Response To Asia Symbol’s
                                                  BILLING CODE 3510–DS–P                                                                                        Ministerial Error Comments,’’ dated January 27,
                                                                                                          received a timely allegation from Asia
                                                                                                                                                                2016.
                                                                                                          Symbol (Guangdong) Paper Co., Ltd.                       5 See Memorandum ‘‘Allegations of Ministerial
                                                                                                          (AS Guangdong) and its cross-owned                    Errors in the Final Determination,’’ dated February
                                                                                                          affiliates, Asia Symbol (Guangdong)                   1, 2016.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Omya Minerals Co., Ltd. (AS Omya),                       6 See Letter from the APRIL companies, ‘‘Certain

                                                                                                                                                                Uncoated Paper from Indonesia: Ministerial Error
                                                                                                             1 See Certain Uncoated Paper From Indonesia:       Comments,’’ dated January 19, 2016; Letter from the
                                                                                                          Final Affirmative Countervailing Duty                 APRIL companies, ‘‘Certain Uncoated Paper from
                                                                                                          Determination, 81 FR 3104 (January 20, 2016)          Indonesia: Amended Ministerial Error Comments—
                                                                                                          (Indonesia Final Determination); Certain Uncoated     AKU—APRIL,’’ dated January 28, 2016.
                                                                                                          Paper From the People’s Republic of China: Final         7 See Memorandum ‘‘Ministerial Error Allegations

                                                                                                          Affirmative Countervailing Duty Determination, 81     in the Final Determination,’’ dated February 17,
                                                                                                          FR 3110 (January 20, 2016).                           2016 (Ministerial Error Decision Memorandum).



                                             VerDate Sep<11>2014   19:17 Mar 02, 2016   Jkt 238001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\03MRN1.SGM   03MRN1


                                                  11188                                  Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices

                                                  merchandise from Indonesia and the                                     4802.57.3000, and 4802.57.4000. Some                                   entered, or withdrawn from warehouse,
                                                  PRC.8                                                                  imports of subject merchandise may                                     for consumption on or after June 29,
                                                                                                                         also be classified under 4802.62.1000,                                 2015, the date on which the Department
                                                  Scope of the Orders
                                                                                                                         4802.62.2000, 4802.62.3000,                                            published its preliminary CVD
                                                     The merchandise subject to these                                    4802.62.5000, 4802.62.6020,                                            determinations in the Federal
                                                  orders includes uncoated paper in sheet                                4802.62.6040, 4802.69.1000,                                            Register,11 and before October 27, 2015,
                                                  form; weighing at least 40 grams per                                   4802.69.2000, 4802.69.3000,                                            the date on which the Department
                                                  square meter but not more than 150                                     4811.90.8050 and 4811.90.9080. While                                   instructed CBP to discontinue the
                                                  grams per square meter; that either is a                               HTSUS subheadings are provided for                                     suspension of liquidation in accordance
                                                  white paper with a GE brightness level 9                               convenience and customs purposes, the                                  with section 703(d) of the Act. Section
                                                  of 85 or higher or is a colored paper;                                 written description of the scope is
                                                  whether or not surface-decorated,                                                                                                             703(d) of the Act states that the
                                                                                                                         dispositive.                                                           suspension of liquidation pursuant to a
                                                  printed (except as described below),
                                                  embossed, perforated, or punched;                                      Amendment to the Indonesia CVD Final                                   preliminary determination may not
                                                  irrespective of the smoothness of the                                  Determination                                                          remain in effect for more than four
                                                  surface; and irrespective of dimensions                                  As discussed above, after analyzing                                  months. Therefore, entries of certain
                                                  (Certain Uncoated Paper).                                              the comments received, we determined,                                  uncoated paper made on or after
                                                     Certain Uncoated Paper includes (a)                                 in accordance with section 705(e) of the                               October 27, 2015, and prior to the date
                                                  uncoated free sheet paper that meets                                   Act and 19 CFR 351.224(e), that we                                     of publication of the ITC’s final
                                                  this scope definition; (b) uncoated                                    made ministerial errors in certain                                     determinations in the Federal Register
                                                  ground wood paper produced from                                        calculations for the Indonesia Final                                   are not liable for the assessment of CVDs
                                                  bleached chemi-thermo-mechanical                                       Determination with respect to the                                      due to the Department’s
                                                  pulp (BCTMP) that meets this scope                                     APRIL companies. This amended final                                    discontinuation, effective October 27,
                                                  definition; and (c) any other uncoated                                 CVD determination corrects these errors                                2015, of the suspension of liquidation.
                                                  paper that meets this scope definition                                 and revises the ad valorem subsidy rate
                                                  regardless of the type of pulp used to                                 for the APRIL companies to 21.21                                       Suspension of Liquidation
                                                  produce the paper.                                                     percent, Great Champ to 103.99 percent,                                   In accordance with section 706 of the
                                                     Specifically excluded from the scope                                IK/TK/PD to 109.14 percent, and All-
                                                  of these orders are (1) paper printed                                                                                                         Act, the Department will direct CBP to
                                                                                                                         Others to 21.21 percent.10
                                                  with final content of printed text or                                                                                                         reinstitute the suspension of liquidation
                                                  graphics and (2) lined paper products,                                 Countervailing Duty Orders                                             of certain uncoated paper from
                                                  typically school supplies, composed of                                   In accordance with sections                                          Indonesia and the PRC, effective the
                                                  paper that incorporates straight                                       705(b)(1)(A)(i) and 705(d) of the Act, the                             date of publication of the ITC’s notice of
                                                  horizontal and/or vertical lines that                                  ITC notified the Department of its final                               final determinations in the Federal
                                                  would make the paper unsuitable for                                    determinations that the industry in the                                Register, and to assess, upon further
                                                  copying or printing purposes. For                                      United States producing certain                                        advice by the Department pursuant to
                                                  purposes of this scope definition, paper                               uncoated paper is materially injured by                                section 706(a)(1) of the Act, CVDs for
                                                  shall be considered ‘‘printed with final                               reason of subsidized imports of certain                                each entry of the subject merchandise in
                                                  content’’ where at least one side of the                               uncoated paper from Indonesia and the                                  an amount based on the net
                                                  sheet has printed text and/or graphics                                 PRC. Therefore, in accordance with                                     countervailable subsidy rates for the
                                                  that cover at least five percent of the                                section 705(c)(2) of the Act, we are                                   subject merchandise. On or after the
                                                  surface area of the entire sheet.                                      publishing these CVD orders.                                           date of publication of the ITC’s final
                                                     Imports of the subject merchandise                                    As a result of the ITC’s final                                       injury determinations in the Federal
                                                  are provided for under Harmonized                                      determinations, in accordance with                                     Register, CBP must require, at the same
                                                  Tariff Schedule of the United States                                   section 706(a) of the Act, the                                         time as importers would normally
                                                  (HTSUS) categories 4802.56.1000,                                       Department will direct U.S. Customs                                    deposit estimated duties on this
                                                  4802.56.2000, 4802.56.3000,                                            and Border Protection (CBP) to assess,                                 merchandise, a cash deposit equal to the
                                                  4802.56.4000, 4802.56.6000,                                            upon further instruction by the                                        rates noted below:
                                                  4802.56.7020, 4802.56.7040,                                            Department, CVDs on unliquidated
                                                  4802.57.1000, 4802.57.2000,                                            entries of certain uncoated paper                                      Indonesia

                                                                                                                                                                                                                                               Amended
                                                                                                                                       Company                                                                                                subsidy rate
                                                                                                                                                                                                                                               (percent)

                                                  APRIL Fine Paper Macao Commercial Offshore Limited/PT Anugrah Kertas Utama/PT Riau Andalan Kertas/PT Intiguna
                                                    Primatama/PT Riau Andalan Pulp & Paper/PT Esensindo Cipta Cemerlang .................................................................................                                            21.21
                                                  Great Champ Trading Limited .............................................................................................................................................................         103.99

                                                    8 See Letter to Christian Marsh, Deputy Assistant                       9 One of the key measurements of any grade of                            10 See   Ministerial Error Decision Memorandum at
                                                  Secretary of Commerce for Enforcement and                              paper is brightness. Generally speaking, the brighter                  3.
                                                  Compliance, from Meredith Broadbent, Chairman of                       the paper the better the contrast between the paper                      11 See Certain Uncoated Paper From Indonesia:
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                                                  the U.S. International Trade Commission, regarding                     and the ink. Brightness is measured using a GE                         Preliminary Affirmative Countervailing Duty
                                                                                                                         Reflectance Scale, which measures the reflection of
                                                  certain uncoated paper from Australia, Brazil,                                                                                                Determination and Alignment of Final
                                                                                                                         light off a grade of paper. One is the lowest
                                                  China, Indonesia, and Portugal (February 22, 2016).                    reflection, or what would be given to a totally black                  Determination With Final Antidumping
                                                  See also Certain Uncoated Paper from Australia,                        grade, and 100 is the brightest measured grade.                        Determination, 80 FR 36971 (June 29, 2015); Certain
                                                  Brazil, China, Indonesia, and Portugal, USITC                          ‘‘Colored paper’’ as used in this scope definition                     Uncoated Paper From the People’s Republic of
                                                  Investigation Nos. 701–TA–528–529 and 731–TA–                          means a paper with a hue other than white that                         China: Preliminary Affirmative Countervailing Duty
                                                  1264–1268 (Final), USITC Publication 4592                              reflects one of the primary colors of magenta,                         Determination and Alignment of Final
                                                  (February 2016).                                                       yellow, and cyan (red, yellow, and blue) or a                          Determination With Final Antidumping
                                                                                                                         combination of such primary colors.                                    Determination, 80 FR 36968 (June 29, 2015).



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                                                                                            Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                                                                                11189

                                                                                                                                                                                                                                                              Amended
                                                                                                                                              Company                                                                                                        subsidy rate
                                                                                                                                                                                                                                                              (percent)

                                                  Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT Pindo Deli Pulp and Paper Mills ..........................................................                                                              109.14
                                                  All-Others .............................................................................................................................................................................................          21.21



                                                  People’s Republic of China

                                                                                                                                                                                                                                                             Subsidy rate
                                                                                                                                              Company                                                                                                         (percent)

                                                  Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong), Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS Shandong),
                                                     Asia Symbol (Guangdong) Omya Minerals Co., Ltd. (AS Omya), and Greenpoint Global Trading (Macao Commercial Off-
                                                     shore) Limited (Greenpoint) (collectively, Asia Symbol Companies) ..............................................................................................                                                 7.23
                                                  Shandong Sun Paper Industry Joint Stock Co., Ltd. (Shandong Sun Paper), and Sun Paper (Hong Kong) Co., Ltd. (Sun Paper
                                                     HK) (collectively, Sun Paper Companies) .......................................................................................................................................                               176.75
                                                  UPM (China) Co. Ltd. (UPM) ..............................................................................................................................................................                        176.75
                                                  All-Others .............................................................................................................................................................................................           7.23



                                                    This notice constitutes the CVD                                           also called the Trawl Rationalization                                        not all, of the trip-limit structure in
                                                  orders with respect to certain uncoated                                     Program. This notice also requests                                           Federal regulations, and modified
                                                  paper from Indonesia and the PRC,                                           written comment.                                                             regulations for the at-sea fleets. Some of
                                                  pursuant to section 706(a) of the Act.                                      DATES: Public scoping will be conducted                                      the remaining pre-Trawl Catch Share
                                                  Interested parties may contact the                                          through this notice. Comments must be                                        Program regulations may unnecessarily
                                                  Department’s Central Records Unit,                                          received by 5 p.m. Pacific Standard                                          constrain harvest efficiency and
                                                  Room B8024 of the main Commerce                                             Time on April 4, 2016 (see                                                   effectiveness under a catch share
                                                  Building, for a copy of an updated list                                     SUPPLEMENTARY INFORMATION).                                                  framework. Pre-Trawl Catch Share
                                                  of CVD orders currently in effect.                                          ADDRESSES: You may submit comments                                           Program regulations that managed the
                                                    These orders are issued and published                                                                                                                  fleet as a whole may need to be updated
                                                                                                                              on issues and alternatives by any of the
                                                  in accordance with section 706(a) of the                                                                                                                 or may no longer be appropriate for
                                                                                                                              following methods:
                                                  Act and 19 CFR 351.211(b).                                                                                                                               managing individuals operating under
                                                                                                                                • Email: groundfish.gearEIS@
                                                    Dated: February 25, 2016.                                                 noaa.gov.                                                                    the incentives provided by catch shares.
                                                  Paul Piquado,                                                                 • Mail: Submit written comments to                                         Proposed Action
                                                  Assistant Secretary for Enforcement and                                     William W. Stelle, Jr., Regional
                                                  Compliance.                                                                 Administrator, West Coast Region,                                               The proposed action is to revise
                                                  [FR Doc. 2016–04717 Filed 3–2–16; 8:45 am]                                  NMFS, 7600 Sand Point Way NE.,                                               groundfish gear regulations for the
                                                                                                                              Seattle, WA 98115–0070; Attn: Jamie                                          Trawl Catch Share Program, including
                                                  BILLING CODE 3510–DS–P
                                                                                                                              Goen.                                                                        trawl gear configuration and gear use.
                                                                                                                                Instructions: Comments sent by any                                         The proposed action may include the
                                                  DEPARTMENT OF COMMERCE                                                      other method, to any other address or                                        following gear regulation changes:
                                                                                                                              individual, or received after the end of                                        • Loosening or eliminating the
                                                  National Oceanic and Atmospheric                                            the comment period, may not be                                               minimum mesh size requirement for
                                                  Administration                                                              considered by NMFS.                                                          bottom trawl;
                                                                                                                                                                                                              • Updating the procedure for
                                                  RIN 0648–XE456                                                              FOR FURTHER INFORMATION CONTACT:                                             measuring mesh sizes;
                                                                                                                              Jamie Goen, NMFS West Coast Region at                                           • Loosening or eliminating cod-end
                                                  Pacific Fishery Management Council;                                         206–526–4656 or jamie.goen@noaa.gov.                                         regulations;
                                                  Notice of Intent To Prepare an                                              SUPPLEMENTARY INFORMATION:                                                      • Loosening or eliminating selective
                                                  Environmental Impact Statement
                                                                                                                              Background for Agency Action                                                 flatfish trawl gear requirements and
                                                  AGENCY:  National Marine Fisheries                                                                                                                       restrictions (Large and small footrope
                                                  Service (NMFS), National Oceanic and                                          There are more than 90 species                                             distinctions would remain.);
                                                  Atmospheric Administration (NOAA),                                          managed under the Pacific Coast                                                 • Loosening or eliminating chafing
                                                  Commerce.                                                                   Groundfish Fishery Management Plan                                           gear regulations;
                                                  ACTION: Notice of intent to prepare an                                      (Groundfish FMP). These groundfish                                              • Allowing vessels to carry and/or
                                                  environmental impact statement (EIS);                                       stocks support an array of commercial,                                       use multiple gear types on a single trip;
                                                  request for comments.                                                       recreational, and tribal fishing interests                                      • Allowing a gear to be fished in
                                                                                                                              in state and Federal waters off the coasts                                   multiple management areas on the same
                                                  SUMMARY:   NMFS and the Pacific Fishery                                     of Washington, Oregon, and California.                                       trip; and
                                                  Management Council (Council)                                                In addition, groundfish are harvested                                           • Allowing a vessel’s next gear
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                                                  announce their intent to prepare an EIS                                     incidentally in non-groundfish fisheries;                                    deployment to start before all fish from
                                                  in accordance with the National                                             most notably, the trawl fisheries for                                        the previous deployment have been
                                                  Environmental Policy Act (NEPA) of                                          pink shrimp and California halibut.                                          stowed.
                                                  1969 to analyze the impacts on the                                            The Trawl Catch Share Program was                                             The proposed action may affect
                                                  human (biological, physical, social, and                                    implemented in 2011, changing how the                                        fishing in the Trawl Catch Share
                                                  economic) environment of gear changes                                       groundfish limited entry trawl fishery is                                    Program by any or all of the gear types
                                                  in the Pacific Coast Groundfish                                             managed. The Trawl Catch Share                                               that participate in the fishery, including
                                                  Fishery’s Trawl Catch Share Program,                                        Program replaced the need for some, but                                      bottom trawl (small and large footrope),


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Document Created: 2016-03-03 03:51:49
Document Modified: 2016-03-03 03:51:49
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
ContactIndonesia: David Goldberger, Office II, telephone: (202) 482-4136; PRC: Joy Zhang, Office III, telephone: (202) 482-1168; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 11187 

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