81 FR 3101 - Certain Uncoated Paper From Indonesia: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 12 (January 20, 2016)
International Trade Administration
Federal Register Volume 81, Issue 12 (January 20, 2016)
| Page Range | 3101-3104 | |
| FR Document | 2016-01023 |
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)] [Notices] [Pages 3101-3104] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01023] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-560-828] Certain Uncoated Paper From Indonesia: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (the Department) determines that certain uncoated paper (uncoated paper) from Indonesia is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735(a) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is January 1, 2014, through December 31, 2014. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice. DATES: Effective: January 20, 2016. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 6345. SUPPLEMENTARY INFORMATION: Background On August 26, 2015, the Department published the Preliminary Determination of this antidumping duty (AD) investigation.\1\ The following events occurred since the Preliminary Determination was issued. --------------------------------------------------------------------------- \1\ See Certain Uncoated Paper From Indonesia: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 51771 (August 26, 2015) (Preliminary Determination). --------------------------------------------------------------------------- On October 30, 2015, we received case briefs from Petitioners \2\ and PT Anugerah Kertas Utama/PT Riau Andalan Kertas/APRIL Fine Paper Macao Commercial Offshore Limited (collectively, APRIL). On November 4, 2015, we received rebuttal briefs from the same interested parties. On November 12, 2015, we held a public hearing at the request of Petitioners. --------------------------------------------------------------------------- \2\ Petitioners in this investigation are 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. --------------------------------------------------------------------------- The Department is issuing a scope comments decision memorandum for the final determinations of the AD and countervailing duty (CVD) investigations of uncoated paper, which is incorporated by reference in, and hereby adopted by, this final determination.\3\ --------------------------------------------------------------------------- \3\ See the Department's memorandum to the file titled, ``Less- Than-Fair-Value Investigations of Certain Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal; and Countervailing Duty Investigations of Certain Uncoated Paper from the People's Republic of China and Indonesia: Scope Comments Decision Memorandum for the Final Determinations,'' dated January 8, 2016 (Final Scope Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation and Scope Comments The product covered by this investigation is uncoated paper from Indonesia. For a complete description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice, which incorporates changes made subsequent to the Preliminary Determination. On October 2, 2015, Gartner Studios, Inc. submitted its case brief on the scope [[Page 3102]] of the investigations.\4\ On October 19, 2015, American Greetings Corporation (American Greetings) submitted its case brief regarding the scope of the investigations.\5\ On October 29, 2015, Petitioners submitted their rebuttal brief regarding the scope of the investigations.\6\ The Department is issuing a scope comments decision memorandum for the final determinations of the AD and CVD investigations of uncoated paper, which is incorporated by reference in, and hereby adopted by, this final determination.\7\ As explained in the Final Scope Decision Memorandum, to facilitate the scope's administrability and enforcement, we have clarified the scope language such that uncoated paper with ``final printed content'' is excluded from the scope of the investigations. --------------------------------------------------------------------------- \4\ See Letter to Secretary Pritzker, from Gartner Studios, Inc., ``Certain Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Case Brief'' (October 2, 2015). \5\ See Letter to Secretary Pritzker, from American Greetings, ``Certain Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Case Brief of American Greetings Corporation'' (October 19, 2015). \6\ See Letter to Secretary Pritzker, from Petitioners, ``Certain Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Scope Rebuttal Brief'' (October 29, 2015). \7\ See Final Scope Decision Memorandum. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation that are not related to the scope of this investigation are addressed in the Issues and Decision Memorandum, which is incorporated by reference by, and hereby adopted by, this notice.\8\ A list of the issues raised is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central Records Unit, room B-8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \8\ See Memorandum to Paul Piquado, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than- Fair-Value Investigation of Certain Uncoated Paper from Indonesia'' (January 8, 2016) (Issues and Decision Memorandum). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, in September 2015, the Department verified the sales and cost information submitted by APRIL for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by APRIL.\9\ --------------------------------------------------------------------------- \9\ See Memorandum to the File from Heidi K. Schriefer and Ji Young Oh, Senior Accountants, entitled ``Verification of the Cost Response of APRIL Fine Paper Macao Offshore Limited in the Antidumping Duty Investigation of Certain Uncoated Paper from Indonesia,'' dated October 20, 2015; and Memorandum to the File from Blaine Wiltse, Senior Analyst, entitled ``Verification of the Sales Response of PT Anugerah Kertas Utama (AKU), PT Riau Andalan Kertas (RAK), and APRIL Fine Paper Macao Commercial Offshore Limited (AFPM) (collectively, APRIL) in the Antidumping Duty Investigation of Certain Uncoated Paper from Indonesia,'' dated October 22, 2015. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received and findings at verification, we made certain changes to the margin calculations for APRIL. For a discussion of these changes, see the ``Margin Calculations'' section of the Issues and Decision Memorandum. In addition, we changed the dumping margin assigned to two additional mandatory respondents in this investigation, Great Champ Trading Limited (Great Champ) and Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT. Pindo Deli Pulp and Paper Mills (APP/SMG). Because these companies failed to respond to the Department's questionnaire, in the Preliminary Determination, we based the preliminary dumping margin for these companies on adverse facts available (AFA), in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. As AFA, we preliminarily assigned a rate of 51.75 percent (i.e., the highest transaction-specific dumping margin for APRIL). For the final determination, we assigned these companies an AFA margin of 17.39 percent, which is the highest transaction-specific dumping margin for APRIL. For further discussion, see the Issues and Decision Memorandum at Comment 1. We also revised the all-others rate. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all- others rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding any zero or de minimis margins, and margins determined entirely under section 776 of the Act. For the Final Determination, the Department calculated the ``all-others'' rate based on APRIL's final dumping margin of 2.05 percent. Final Determination The Department determines that the final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted-average Exporter/Manufacturer dumping margin (percent) ------------------------------------------------------------------------ Great Champ Trading Limited......................... 17.39 Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi 17.39 Kimia/PT. Pindo Deli Pulp and Paper Mills (APP/SMG) April Fine Paper Macao Limited/PT Anugerah Kertas 2.05 Utama/PT Riau Andalan Kertas (APRIL)............... All-Others.......................................... 2.05 ------------------------------------------------------------------------ Disclosure We will disclose the calculations performed to interested parties within five days of the public announcement of this final determination in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of uncoated paper from Indonesia, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after August 26, 2015, the date of publication of the preliminary determination of this investigation in the Federal Register. [[Page 3103]] Further, CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price, as follows: (1) The rate for the mandatory respondents listed above will be the respondent-specific rates we determined in this final determination; (2) if the exporter is not a firm identified in this investigation, but the producer is, the rate will be the rate established for the producer of the subject merchandise; and (3) the rate for all other producers or exporters will be 2.05 percent. Consistent with our practice,\10\ where the product under investigation is also subject to a concurrent CVD investigation, we instruct CBP to require a cash deposit less the amount of the countervailing duty determined to constitute an export subsidy.\11\ Therefore, in the event that a CVD order is issued and suspension of liquidation is resumed in the companion CVD investigation on uncoated paper from Indonesia, the Department will instruct CBP to require cash deposits adjusted for export subsidies, as appropriate, found in the final determination of the companion CVD investigation. Specifically, for cash deposit purposes, we will subtract from the applicable cash deposit rate that portion of the CVD rate attributable to the export subsidies found in the final affirmative countervailing duty determination for each respondent (i.e., 57.78 percent for Great Champ and APP/SMG).\12\ After this adjustment, the resulting cash deposit rates will be 0.00 percent for Great Champ and APP/SMG. Because the Department found no export subsidies for APRIL, the cash deposit rate for APRIL and firms covered by the all-others rate will remain 2.05 percent. --------------------------------------------------------------------------- \10\ The Department terminated the suspension of liquidation associated with the CVD investigation effective October 27, 2015. See CBP message no. 5300305 dated October 27, 2015. Therefore, until and unless suspension of liquidation is resumed, we will not adjust the AD cash deposit rate for collection of duties associated with export subsidies. \11\ See, e.g., Notice of Final Determination of Sales at Less Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR 67306, 67307 (November 17, 2004); and Notice of Final Determination of Sales at Less Than Fair Value and Negative Critical Circumstances Determination: Bottom Mount Combination Refrigerator-Freezers From the Republic of Korea, 77 FR 17413 (March 26, 2012). \12\ See the Memorandum to the File, through Shawn Thompson, Program Manager, Office II, AD/CVD Operations, from Blaine Wiltse, Senior Analyst, Office II, AD/CVD Operations, entitled, ``Placing Information on the Record: Export Subsidies Calculated in the Countervailing Duty Final Determination of Certain Uncoated Paper from Indonesia,'' dated January 8, 2016. --------------------------------------------------------------------------- The instructions suspending liquidation will remain in effect until further notice. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of uncoated paper from Indonesia no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders (APO) This notice serves as a reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: January 8, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by the investigation 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. 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 of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum: I. Summary II. Background III. Period of Investigation IV. Margin Calculations V. List of Comments VI. Discussion of Comments Comment 1: Selection and Corroboration of the AFA Rate for Great Champ and APP/SMG Comment 2: Stock Lot Sales Comment 3: Unreported Home Market Rebates Comment 4: Additional Changes to APRIL's Margin Program Comment 5: APRIL's Variable and Fixed Overhead Costs Comment 6: APRIL's Costs Associated with Broke Paper Comment 7: Adjustments to APRIL's Cost Reconciliation [[Page 3104]] Comment 8: Calculating APRIL's Financial Expenses VII. Conclusion [FR Doc. 2016-01023 Filed 1-19-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices 3101
submitted a notification of proposed the fabrics’ customs classification could FOR FURTHER INFORMATION CONTACT:
production activity to the FTZ Board for change through transformation under Blaine Wiltse, AD/CVD Operations,
its facilities in Asheboro and Candor, FTZ procedures—would only involve Office II, Enforcement and Compliance,
North Carolina. The notification micro-denier suede upholstery fabrics International Trade Administration,
conforming to the requirements of the finished with a hot caustic soda solution U.S. Department of Commerce, 14th
regulations of the FTZ Board (15 CFR process (classified within HTSUS Street and Constitution Avenue NW,
400.22) was received on January 5, Headings 5407, 5512, 5515, 5516, 5801, Washington, DC 20230; telephone: (202)
2016. 5903, 6001, 6005, and 6006), 482–6345.
KFI currently has authority to conduct polyurethane fabrics backed with
cut-and-sew activity using certain SUPPLEMENTARY INFORMATION:
ground leather (5903.20.2500),
foreign micro-denier suede upholstery upholstery leather (Heading 4107), and Background
fabrics to produce upholstered furniture wet coagulation process, 100 percent
and related parts (upholstery cover sets) polyurethane coated fabrics On August 26, 2015, the Department
on a restricted basis (see Board Order (5903.20.2500), as detailed in the published the Preliminary
1745, 76 FR 11426, March 2, 2011). notification (duty rate ranges from free Determination of this antidumping duty
Board Order 1745 authorized the to 17.2%). (AD) investigation.1 The following
production of upholstered furniture Public comment is invited from events occurred since the Preliminary
(sofas, sleep sofas, and recliners) for a interested parties. Submissions shall be Determination was issued.
five-year period, with a scope of addressed to the FTZ Board’s Executive On October 30, 2015, we received
authority that only provides FTZ Secretary at the address below. The case briefs from Petitioners 2 and PT
savings on a limited quantity (5.79 closing period for their receipt is Anugerah Kertas Utama/PT Riau
million square yards per year) of foreign February 29, 2016. Andalan Kertas/APRIL Fine Paper
origin, micro-denier suede upholstery A copy of the notification will be Macao Commercial Offshore Limited
fabric finished with a hot caustic soda available for public inspection at the (collectively, APRIL). On November 4,
solution process (i.e., authorized Office of the Executive Secretary, 2015, we received rebuttal briefs from
fabrics). All foreign upholstery fabrics Foreign-Trade Zones Board, Room the same interested parties. On
other than micro-denier suede finished 21013, U.S. Department of Commerce, November 12, 2015, we held a public
with a hot caustic soda solution process 1401 Constitution Avenue NW, hearing at the request of Petitioners.
(i.e., unauthorized fabrics) used in KFI’s Washington, DC 20230–0002, and in the
production within Subzone 230D are The Department is issuing a scope
‘‘Reading Room’’ section of the FTZ comments decision memorandum for
subject to full customs duties. Board’s Web site, which is accessible
The current request seeks to extend the final determinations of the AD and
via www.trade.gov/ftz. countervailing duty (CVD)
KFI’s existing FTZ authority indefinitely For further information, contact Pierre
(with no increase in the company’s investigations of uncoated paper, which
Duy at Pierre.Duy@trade.gov or (202)
annual quantitative limit of 5.79 million is incorporated by reference in, and
482–1378.
square yards) and to add foreign-status hereby adopted by, this final
leather and certain polyurethane-type Dated: January 13, 2016. determination.3
fabrics to the scope of authority. KFI has Andrew McGilvray,
Scope of the Investigation and Scope
also requested that the authority under Executive Secretary.
Comments
Board Order 1745 be revised by [FR Doc. 2016–01031 Filed 1–19–16; 8:45 am]
modifying Condition #2 to allow KFI to BILLING CODE 3510–DS–P The product covered by this
admit unauthorized fabrics to Subzone investigation is uncoated paper from
230D in privileged foreign status (19 Indonesia. For a complete description of
CFR 146.41), which would preclude any DEPARTMENT OF COMMERCE the scope of this investigation, see the
change in customs classification ‘‘Scope of the Investigation,’’ in
through transformation under FTZ International Trade Administration Appendix I of this notice, which
procedures. Pursuant to 15 CFR [A–560–828] incorporates changes made subsequent
400.14(b), additional FTZ authority to the Preliminary Determination.
would be limited to the specific foreign- Certain Uncoated Paper From On October 2, 2015, Gartner Studios,
status materials and components and Indonesia: Final Determination of Inc. submitted its case brief on the scope
specific finished products described in Sales at Less Than Fair Value
the submitted notification (as described
below) and subsequently authorized by AGENCY: Enforcement and Compliance, 1 See Certain Uncoated Paper From Indonesia:
International Trade Administration, Preliminary Determination of Sales at Less Than
the FTZ Board. Fair Value and Postponement of Final
Production under FTZ procedures Commerce. Determination, 80 FR 51771 (August 26, 2015)
could exempt KFI from customs duty SUMMARY: The Department of Commerce (Preliminary Determination).
payments on the foreign-status fabrics (the Department) determines that certain 2 Petitioners in this investigation are United Steel,
used in export production. On its uncoated paper (uncoated paper) from Paper and Forestry, Rubber, Manufacturing, Energy,
Indonesia is being, or is likely to be, Allied Industrial and Service Workers International
domestic sales, KFI would be able to Union; Domtar Corporation; Finch Paper LLC; P.H.
apply the finished upholstery cover set sold in the United States at less than fair Glatfelter Company; and Packaging Corporation of
(i.e., furniture part) or finished furniture value (LTFV), as provided in section America.
duty rate (free) for the authorized fabrics 735(a) of the Tariff Act of 1930, as 3 See the Department’s memorandum to the file
amended (the Act). The period of titled, ‘‘Less-Than-Fair-Value Investigations of
tkelley on DSK4VPTVN1PROD with NOTICES
and the additional fabrics (indicated Certain Uncoated Paper from Australia, Brazil, the
below). Customs duties also could investigation (POI) is January 1, 2014, People’s Republic of China, Indonesia, and
possibly be deferred or reduced on through December 31, 2014. The final Portugal; and Countervailing Duty Investigations of
foreign-status production equipment. dumping margins of sales at LTFV are Certain Uncoated Paper from the People’s Republic
listed below in the ‘‘Final of China and Indonesia: Scope Comments Decision
Authority to admit imported fabrics to Memorandum for the Final Determinations,’’ dated
Subzone 230D in non-privileged foreign Determination’’ section of this notice. January 8, 2016 (Final Scope Decision
status (19 CFR 146.42)—under which DATES: Effective: January 20, 2016. Memorandum).
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![3104 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
Comment 8: Calculating APRIL’s Financial calculated for the mandatory Final Determination and Suspension of
Expenses respondents and all other producers/ Liquidation
VII. Conclusion exporters. The Issues and Decision
[FR Doc. 2016–01023 Filed 1–19–16; 8:45 am] Memorandum is a public document and In accordance with section
is on file electronically via Enforcement 705(c)(1)(B)(i) of the Act, we calculated
BILLING CODE 3510–DS–P
and Compliance’s Antidumping and a rate for PT Anugrah Kertas Utama
Countervailing Duty Centralized (AKU) and APRIL Fine Paper Macao
DEPARTMENT OF COMMERCE Electronic Service System (ACCESS). Commercial Offshore Limited (AFPM)
ACCESS is available to registered users (collectively, the APRIL companies).
International Trade Administration at http://access.trade.gov, and is Section 705(c)(5)(A)(i) of the Act states
available to all parties in the Central that, for companies not individually
[C–560–829] investigated, we will determine an ‘‘all-
Records Unit, room B8024 of the main
Department of Commerce building. In others’’ rate equal to the weighted-
Certain Uncoated Paper From
addition, a complete version of the average countervailable subsidy rates
Indonesia: Final Affirmative
Issues and Decision Memorandum can established for exporters and producers
Countervailing Duty Determination
be accessed directly at http:// individually investigated, excluding any
AGENCY: Enforcement and Compliance, enforcement.trade.gov/frn/index.html. zero and de minimis countervailable
International Trade Administration, The signed Issues and Decision subsidy rates, and any rates determined
Commerce. Memorandum and the electronic entirely under section 776 of the Act.
SUMMARY: The Department of Commerce version of the Issues and Decision Where the rates for investigated
(the Department) determines that Memorandum are identical in content. companies are zero or de minimis, or
countervailable subsidies are being based entirely on facts otherwise
provided to producers and exporters of Scope of the Investigation available, section 705(c)(5)(A)(ii) of the
certain uncoated paper from Indonesia. Act instructs the Department to
For information on the estimated The product covered by this establish an ‘‘all-others’’ rate using ‘‘any
subsidy rates, see the ‘‘Final investigation is certain uncoated paper. reasonable method.’’ As discussed
Determination and Suspension of For a complete description of the scope above, we determined Great Champ’s
Liquidation’’ section of this notice. The of the investigation, see Appendix I. and IK’s/TK’s rates based entirely on
period of investigation (POI) is January Analysis of Subsidy Programs and AFA in accordance with sections 776(a)
1, 2014, through December 31, 2014. Comments Received and (b) of the Act. Therefore, we used
DATES: Effective: January 20, 2016. the rate calculated for the APRIL
The subsidy programs under companies as the ‘‘all-others’’ rate. We
FOR FURTHER INFORMATION CONTACT:
investigation and the issues raised in intend to disclose to parties the
David Goldberger or Brandon Custard,
the case and rebuttal briefs by parties in calculations performed in this
Office II, AD/CVD Operations,
this investigation are discussed in the proceeding within five days of the
Enforcement and Compliance,
Issues and Decision Memorandum, public announcement of this final
International Trade Administration,
dated concurrently with this notice. A determination in accordance with 19
U.S. Department of Commerce, 14th
list of the issues that parties raised, and CFR 351.224(b).
Street and Constitution Avenue NW.,
to which we responded in the Issues We determine the countervailable
Washington, DC 20230; telephone: (202)
and Decision Memorandum, is attached subsidy rates to be:
482–4136 or (202) 482–1823,
to this notice as Appendix II.
respectively.
Subsidy rate
SUPPLEMENTARY INFORMATION:
Use of Facts Otherwise Available, Company (percent)
Including Adverse Inferences
Background APRIL Fine Paper Macao Com-
For purposes of this final mercial Offshore Limited/PT
The events that occurred since the determination, we continue to rely on
Department published the Preliminary Anugrah Kertas Utama/PT
facts available and to draw an adverse Riau Andalan Kertas/PT
Determination 1 on June 29, 2015, are inference, in accordance with sections Intiguna Primatama/PT Riau
discussed in the Issues and Decision 776(a) and (b) of the Act, to determine Andalan Pulp & Paper/PT
Memorandum, which is hereby the subsidy rates for Great Champ Esensindo Cipta Cemerlang 21.22
incorporated in this notice.2 This Trading Limited (Great Champ) and Great Champ Trading Limited .. 104.00
memorandum also details the changes Indah Kiat Pulp & Paper TBK (IK) and Indah Kiat Pulp & Paper TBK/
we made since the Preliminary Pabrik Kertas Tjiwi Kimia (TK) 3
Pabrik Kertas Tjiwi Kimia/PT
Determination to the subsidy rates Pindo Deli Pulp and Paper
because these companies failed to Mills ....................................... 109.15
1 See
participate in this investigation and the All-Others .................................. 21.22
Certain Uncoated Paper From Indonesia:
Preliminary Affirmative Countervailing Duty Government of Indonesia (GOI) failed to
Determination and Alignment of Final provide requested information with As a result of our affirmative
Determination With Final Antidumping respect to certain programs upon which Preliminary Determination, pursuant to
Determination, 80 FR 36971 (June 29, 2015) we initiated an investigation.4
(Preliminary Determination), and accompanying sections 703(d)(1)(B) and (2) of the Act,
Decision Memorandum for the Preliminary we instructed U.S. Customs and Border
Affirmative Countervailing Duty Determination in 3 We found IK, TK, and PT Pindo Deli Pulp and
Protection (CBP) to suspend liquidation
the Countervailing Duty Investigation of Certain Paper Mills to be cross-owned and, therefore, are
tkelley on DSK4VPTVN1PROD with NOTICES
Uncoated Paper from Indonesia (Preliminary assigning them a single countervailing duty rate. of entries of subject merchandise from
Decision Memorandum). For further discussion, see Memorandum entitled, Indonesia which were entered or
2 See memorandum entitled, ‘‘Countervailing ‘‘Cross-Ownership of Asia Pulp and Paper/Sinar withdrawn from warehouse, for
Duty Investigation of Certain Uncoated Paper from Mas Group Companies: Countervailing Duty consumption on or after June 29, 2015,
Indonesia: Issues and Decision Memorandum for Investigation of Uncoated Paper from Indonesia,’’
the Final Affirmative Determination,’’ dated dated June 22, 2015. the date of the publication of the
concurrently with this notice (Issues and Decision 4 See Issues and Decision Memorandum, at pages Preliminary Determination in the
Memorandum). 3–9. Federal Register.
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Document Created: 2016-01-19 23:44:23
Document Modified: 2016-01-19 23:44:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective: January 20, 2016. | |
| Contact | Blaine Wiltse, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 6345. | |
| FR Citation | 81 FR 3101 |
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