81 FR 3105 - Certain Uncoated Paper From Portugal: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances
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 | 3105-3108 | |
| FR Document | 2016-01024 |
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)] [Notices] [Pages 3105-3108] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01024] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-471-807] Certain Uncoated Paper From Portugal: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (``the Department'') determines that certain uncoated paper (``uncoated paper'') from Portugal 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: Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2593. SUPPLEMENTARY INFORMATION: [[Page 3106]] 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 Portugal: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 51777 (August 26, 2015) (``Preliminary Determination''). --------------------------------------------------------------------------- Between September and December 2015, the Department received supplemental questionnaire responses and revised databases from Portucel S.A. (``Portucel''), the sole mandatory respondent in this investigation. On December 4, 2015, Petitioners\2\ and Portucel submitted properly filed case briefs.\3\ On December 9, 2015, Petitioners and Portucel submitted properly filed rebuttal briefs.\4\ --------------------------------------------------------------------------- \2\ Petitioners 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. \3\ See Letter to the Secretary of Commerce from Petitioners ``Case Brief Submitted on behalf of Petitioners'' (December 7, 2015, 2015) (``Petitioners' Case Brief''); Letter to the Secretary of Commerce from Portucel ``Case Brief of Portucel, S.A. and Portucel Soporcel N.A.'' (December 4, 2015) (``Portucel's Case Brief''). \4\ See Letter to the Secretary of Commerce from Petitioners ``Rebuttal Brief Submitted on behalf of Petitioners'' (December 9, 2015) (``Petitioners' Rebuttal Brief''); Letter to the Secretary of Commerce from Portucel ``Portucel's Rebuttal Brief'' (December 1, 2015) (``Portucel's Rebuttal Brief''). --------------------------------------------------------------------------- Scope of the Investigation and Scope Comments The product covered by this investigation is uncoated paper from Portugal. For a complete description of the scope of the 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 submitted a case brief regarding the scope of the investigations. On October 19, 2015, American Greetings Corporation (``American Greetings'') submitted a case brief regarding the scope of the investigations.\5\ On October 29, 2015, Petitioners submitted a 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 countervailing duty 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. --------------------------------------------------------------------------- \5\ See Letter to the Secretary of Commerce 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 the Secretary of Commerce from Petitioners ``Certain Uncoated Paper From Australia, Brazil, The People's Republic of China, Indonesia, and Portugal: Scope Rebuttal Brief'' (October 20, 2015). \7\ See the Department's Memorandum to the File ``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''). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, which is 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, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations ``Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Certain Uncoated Paper from Portugal'' (January 8, 2016) (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, in September and October 2015, the Department verified the sales and cost data reported by Portucel, pursuant to section 782(i) of the Act. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Portucel.\9\ --------------------------------------------------------------------------- \9\ See Memorandum to the File, through Neal Halper, Office Director, and Taija Slaughter, Lead Accountant, from Stephanie Arthur, Senior Accountant, ``Verification of the Cost Response of Portucel S.A. in the Antidumping Duty Investigation of Uncoated Paper from Portugal'' (November 12, 2015); Memorandum to the File, through Catherine Bertrand, Program Manager, Office V, from Kabir Archuletta and Frances Veith, Senior International Trade Analysts, ``Verification of Home Market Sales of Portucel S.A. (`Portucel') in the Antidumping Duty Investigation of Certain Uncoated Paper from Portugal'' (November 24, 2015); Memorandum to the File, through Catherine Bertrand, Program Manager, Office V, from Kabir Archuletta and Frances Veith, Senior International Trade Analysts, ``Verification of U.S. Sales of Portucel S.A. (`Portucel') in the Antidumping Duty Investigation of Certain Uncoated Paper from Portugal'' (November 24, 2015). --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for Portucel. For a discussion of these changes, see the ``Margin Calculations'' section of the Issues and Decision Memorandum. We have 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. Portucel is the only respondent for which the Department calculated a company-specific rate. Therefore, for purposes of determining the all-others rate and pursuant to section 735(c)(5)(A) of the Act, we are using the dumping margin calculated for Portucel, as referenced in the ``Final Determination'' section below. Final Determination The Department determines that the final weighted-average dumping margins are as follows: --------------------------------------------------------------------------- \10\ In the Preliminary Determination we found that Portucel is affiliated with sales subsidiaries Portucel Soporcel Lusa, Unipessoal, Lda. (``Lusa''), and Portucel Soporcel Fine Paper, S.A. (``Fine Paper''), production subsidiaries About the Future, S.A. (``About the Future''), Portucel Papel Setubal, S.A. (``Setubal''), and Soporcel, Sociedade Portuguesa de Papel, S.A. (``Soporcel'') and U.S. subsidiary Portucel Soporcel North America, Inc., pursuant to sections 771(33)(B), (E) and (F) of the Act, and that Portucel, Fine Paper, Lusa, About the Future, Setubal and Soporcel are a single entity for purposes of the Department's analysis in this investigation, in accordance with 19 CFR 351.401(f). See Preliminary Determination and accompanying Decision Memorandum at 4-5; Memorandum to the File from Kabir Archuletta, Senior International Trade Analyst, Office V, through Catherine Bertrand, Program Manager, Office V ``Preliminary Affiliation Memorandum'' (August 19, 2015). Because no interested parties submitted comments on this issue, the Department's determination remains unchanged for this final determination. [[Page 3107]] ------------------------------------------------------------------------ Weighted-average Exporter/Manufacturer dumping margin (percent) ------------------------------------------------------------------------ Portucel S.A. \10\.................................. 7.80 All-Others.......................................... 7.80 ------------------------------------------------------------------------ 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). Final Negative Determination of Critical Circumstances On November 4, 2015, the Department found that critical circumstances exist with respect to imports of uncoated paper from Portugal from Portucel and all other exporters or producers.\11\ Based on Portucel's final dumping margin and further analysis following the Preliminary Critical Circumstances Determination, we are modifying our findings for the final determination. For a complete discussion of this issue, see the ``Negative Finding of Critical Circumstances'' section of the Issues and Decision Memorandum. --------------------------------------------------------------------------- \11\ See Certain Uncoated Paper From Portugal: Preliminary Affirmative Determination of Critical Circumstances in the Antidumping Duty Investigation, 80 FR 68293, 68294-5 (November 4, 2015) (``Preliminary Critical Circumstances Determination''). --------------------------------------------------------------------------- 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 Portugal, 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. 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 Portucel will be the rate 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; (3) the rate for all other producers or exporters will be 7.80 percent. These instructions suspending liquidation will remain in effect until further notice. Because of our negative determination of critical circumstances, we will instruct CBP to refund all cash deposits posted on merchandise under consideration from Portugal entered, or withdrawn from warehouse for consumption, prior to August 26, 2015 (i.e., the date of publication of the Preliminary Determination). 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 Portugal 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 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: Water Supplied by Portucel's Affiliated Pulp Mills Comment 2: Purchases of Eucalyptus Pulp From Affiliates [[Page 3108]] Comment 3: Critical Circumstances Comment 4: Advertising Expenses Comment 5: Insurance Expenses Comment 6: Other Data Revisions Based on Verification Findings Comment 7: Minor Corrections Presented at Verification Comment 8: Portucel's Transposition Error VII. Negative Finding of Critical Circumstances [FR Doc. 2016-01024 Filed 1-19-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices 3105
In accordance with section 703(d) of Dated: January 8, 2016. II. Background
the Act, we later issued instructions to Paul Piquado, III. Use of Facts Otherwise Available
CBP to discontinue the suspension of Assistant Secretary for Enforcement and IV. Subsidies Valuation
Compliance. V. Analysis of Programs
liquidation for CVD purposes for subject VI. Analysis of Comments
merchandise entered, or withdrawn Appendix I 1. Adverse Facts Available for Great
from warehouse, on or after October 27, Champ
2015, but to continue the suspension of Scope of the Investigation 2. Whether the Stumpage Program Meets
liquidation of all entries from June 29, The merchandise covered by the the Specificity Requirement
2015, through October 26, 2015, as investigation includes uncoated paper in 3. Whether the Stumpage Program Applies
sheet form; weighing at least 40 grams per to Purchases of Felled Trees
appropriate.
square meter but not more than 150 grams 4. Whether To Include APRIL’s Harvest of
We will issue a CVD order and per square meter; that either is a white paper Mixed Hardwood Timber in Calculating
reinstate the suspension of liquidation with a GE brightness level 1 of 85 or higher Countervailable Benefits
in accordance with our final or is a colored paper; whether or not surface- 5. Whether To Use Malaysian Stumpage
decorated, printed (except as described Fees as a Benchmark
determination and under section 706(a)
below), embossed, perforated, or punched; 6. Whether the Log Export Ban Constitutes
of the Act if the United States irrespective of the smoothness of the surface; a Countervailable Subsidy
International Trade Commission (ITC) and irrespective of dimensions (Certain 7. Selection of Timber Benchmark Values
issues a final affirmative injury Uncoated Paper). 8. Adjustments to Log Benchmark Values
determination, and we will instruct CBP Certain Uncoated Paper includes (a) 9. Corrections and Revisions to APRIL’s
to require a cash deposit of estimated uncoated free sheet paper that meets this Log Harvesting and Purchase Data
countervailing duties for such entries of scope definition; (b) uncoated ground wood 10. Whether APRIL Received a
paper produced from bleached chemi- Countervailable Debt Forgiveness Benefit
merchandise in the amounts indicated thermo-mechanical pulp (BCTMP) that meets
above. If the ITC determines that 11. Whether APRIL Received a
this scope definition; and (c) any other Countervailable Benefit for Preferential
material injury, or threat of material uncoated paper that meets this scope Loans
injury, does not exist, this proceeding definition regardless of the type of pulp used
12. Uncreditworthiness
will be terminated and all estimated to produce the paper.
VII. Recommendation
duties deposited as a result of the Specifically excluded from the scope are
(1) paper printed with final content of [FR Doc. 2016–01026 Filed 1–19–16; 8:45 am]
suspension of liquidation will be printed text or graphics and (2) lined paper BILLING CODE 3510–DS–P
refunded. products, typically school supplies,
composed of paper that incorporates straight
International Trade Commission (ITC)
horizontal and/or vertical lines that would DEPARTMENT OF COMMERCE
Notification make the paper unsuitable for copying or
printing purposes. For purposes of this scope International Trade Administration
In accordance with section 705(d) of definition, paper shall be considered
the Act, we will notify the ITC of our ‘‘printed with final content’’ where at least [A–471–807]
determination. In addition, we are one side of the sheet has printed text and/
making available to the ITC all non- or graphics that cover at least five percent of Certain Uncoated Paper From
privileged and non-proprietary the surface area of the entire sheet. Portugal: Final Determination of Sales
information related to this investigation. Imports of the subject merchandise are at Less Than Fair Value and Final
provided for under Harmonized Tariff
We will allow the ITC access to all Negative Determination of Critical
Schedule of the United States (HTSUS)
privileged and business proprietary categories 4802.56.1000, 4802.56.2000, Circumstances
information in our files, provided the 4802.56.3000, 4802.56.4000, 4802.56.6000, AGENCY: Enforcement and Compliance,
ITC confirms that it will not disclose 4802.56.7020, 4802.56.7040, 4802.57.1000,
International Trade Administration,
such information, either publicly or 4802.57.2000, 4802.57.3000, and
4802.57.4000. Some imports of subject Commerce.
under an administrative protective order SUMMARY: The Department of Commerce
merchandise may also be classified under
(APO), without the written consent of 4802.62.1000, 4802.62.2000, 4802.62.3000, (‘‘the Department’’) determines that
the Assistant Secretary for Enforcement 4802.62.5000, 4802.62.6020, 4802.62.6040, certain uncoated paper (‘‘uncoated
and Compliance. 4802.69.1000, 4802.69.2000, 4802.69.3000, paper’’) from Portugal is being, or is
4811.90.8050 and 4811.90.9080. While likely to be, sold in the United States at
Return or Destruction of Proprietary HTSUS subheadings are provided for
Information less than fair value (‘‘LTFV’’), as
convenience and customs purposes, the
provided in section 735(a) of the Tariff
written description of the scope of the
This notice serves as the only investigation is dispositive. Act of 1930, as amended (‘‘the Act’’).
reminder to parties subject to the The period of investigation (‘‘POI’’) is
administrative protective order (APO) of Appendix II January 1, 2014, through December 31,
their responsibility concerning the List of Topics Discussed in the Issues and 2014. The final dumping margins of
destruction of proprietary information Decision Memorandum sales at LTFV are listed below in the
disclosed under APO in accordance I. Summary ‘‘Final Determination’’ section of this
with 19 CFR 351.305(a)(3). Timely notice.
written notification of the return/ 1 One of the key measurements of any grade of
DATES: Effective: January 20, 2016.
destruction of APO materials or paper is brightness. Generally speaking, the brighter
the paper the better the contrast between the paper FOR FURTHER INFORMATION CONTACT:
conversion to judicial protective order is and the ink. Brightness is measured using a GE Kabir Archuletta, AD/CVD Operations,
hereby requested. Failure to comply
tkelley on DSK4VPTVN1PROD with NOTICES
Reflectance Scale, which measures the reflection of Office V, Enforcement and Compliance,
with the regulations and terms of an light off a grade of paper. One is the lowest
International Trade Administration,
APO is a violation which is subject to reflection, or what would be given to a totally black
grade, and 100 is the brightest measured grade. U.S. Department of Commerce, 14th
sanction. ‘‘Colored paper’’ as used in this scope definition Street and Constitution Avenue NW.,
This determination is issued and means a paper with a hue other than white that Washington, DC 20230; telephone: (202)
reflects one of the primary colors of magenta,
published pursuant to sections 705(d) yellow, and cyan (red, yellow, and blue) or a 482–2593.
and 777(i) of the Act. combination of such primary colors. SUPPLEMENTARY INFORMATION:
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![3108 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
Comment 3: Critical Circumstances the significant preliminary dumping Petitioners submitted their rebuttal brief
Comment 4: Advertising Expenses margin,’’ it was suspending its regarding the scope of the
Comment 5: Insurance Expenses participation in the U.S. market investigations.9 The Department is
Comment 6: Other Data Revisions Based on ‘‘pending the final determination on issuing a scope comments decision
Verification Findings
Comment 7: Minor Corrections Presented
Injury.’’ 2 memorandum for the final
at Verification
On August 28, 2015, the Department determinations of the AD and
Comment 8: Portucel’s Transposition Error notified interested parties of a revised, countervailing duty investigations of
VII. Negative Finding of Critical accelerated briefing schedule due to the certain uncoated paper, which is
Circumstances lack of participation from the sole incorporated by reference in, and hereby
respondent, Australian Paper, which adopted by, this final determination.10
[FR Doc. 2016–01024 Filed 1–19–16; 8:45 am]
resulted in the cancellation of As explained in the Final Scope
BILLING CODE 3510–DS–P
verification of its questionnaire Decision Memorandum, to facilitate the
responses.3 On September 24, 2015, the scope’s administrability and
DEPARTMENT OF COMMERCE Department granted Petitioners’ 4 enforcement, we have clarified the
request to extend the briefing schedule.5 scope language such that certain
International Trade Administration On October 2, 2015, Petitioners uncoated paper with ‘‘final printed
submitted a case brief. content’’ is excluded from the scope of
[A–602–807] the investigations.
Scope of the Investigation and Scope
Certain Uncoated Paper From Comments Analysis of Comments Received
Australia: Final Determination of Sales The product covered by this All issues raised in the case and
at Less Than Fair Value and investigation is certain uncoated paper rebuttal briefs by interested parties in
Affirmative Final Determination of from Australia. For a complete this investigation that are not related to
Critical Circumstances, In Part description of the scope of the the scope of this investigation are
AGENCY: Enforcement and Compliance, investigation, see the ‘‘Scope of the addressed in the Issues and Decision
International Trade Administration, Investigation,’’ in Appendix I of this Memorandum, which is incorporated by
Commerce. notice, which incorporates changes reference by, and hereby adopted by,
SUMMARY: The Department of Commerce made subsequent to the Preliminary this notice.11
(Department) determines that certain Determination. A list of the issues raised is attached
uncoated paper from Australia is being, On October 2, 2015, Gartner Studios to this notice as Appendix II. The Issues
or is likely to be, sold in the United submitted its case brief regarding the and Decision Memorandum is a public
States at less than fair value (LTFV), as scope of the investigations.6 On October document and is on file electronically
6, 2015, the Department revised the via Enforcement and Compliance’s
provided in section 735(a) of the Tariff
briefing schedule for scope comments Antidumping and Countervailing Duty
Act of 1930, as amended (the Act). The
and rebuttal comments.7 On October 19, Centralized Electronic Service System
period of investigation (POI) is January
2015, American Greetings Corporation (ACCESS). ACCESS is available to
1, 2014, through December 31, 2014.
(American Greetings) submitted its case registered users at https://
The final dumping margins of sales at
brief regarding the scope of the access.trade.gov and it is available to all
LTFV are listed below in the ‘‘Final
investigations.8 On October 29, 2015, parties in the Central Records Unit,
Determination’’ section of this notice.
room B–8024 of the main Department of
DATES: Effective: January 20, 2016. 2 See Australian Paper’s letter titled,
Commerce building. In addition, a
FOR FURTHER INFORMATION CONTACT: Eve ‘‘Respondents Paper Australia Pty Ltd and Paper complete version of the Issues and
Products Marketing (USA) Notification of
Wang or George McMahon, AD/CVD Withdrawal,’’ dated August 27, 2015 (Australian Decision Memorandum can be accessed
Operations, Office III, Enforcement and Paper’s Letter of Withdrawal), at 2. directly at http://enforcement.trade.gov/
Compliance, International Trade 3 See the Department’s Memorandum titled,
frn/index.html. The signed and
Administration, U.S. Department of ‘‘Antidumping Duty Investigation of Certain electronic versions of the Issues and
Uncoated Paper from Australia: Case Brief and
Commerce, 14th Street and Constitution Rebuttal Brief Schedule for Final Determination of Decision Memorandum are identical in
Avenue NW., Washington, DC 20230; the above referenced Investigation,’’ dated August content.
telephone: (202) 482–6231 or (202) 482– 28, 2015.
4 Petitioners in this investigation are United Steel,
1167, respectively. 9 See Letter from Petitioners titled, ‘‘Certain
Paper and Forestry, Rubber, Manufacturing, Energy, Uncoated Paper From Australia, Brazil, The
SUPPLEMENTARY INFORMATION: Allied Industrial and Service Workers International People’s Republic of China, Indonesia, and
Union; Domtar Corporation; Finch Paper LLC; P.H. Portugal: Scope Rebuttal Brief,’’ dated October 20,
Background Glatfelter Company; and Packaging Corporation of 2015.
On August 26, 2015, the Department America. 10 See the Department’s memorandum to the file
5 See the Department’s Memorandum titled,
published the Preliminary titled, ‘‘Less-Than-Fair-Value Investigations of
‘‘Certain Uncoated Paper From Australia: Certain Uncoated Paper from Australia, Brazil, the
Determination of this antidumping duty Antidumping Duty Investigation: Revised Briefing People’s Republic of China, Indonesia, and
(AD) investigation.1 The following Schedule,’’ dated September 24, 2015; see also Portugal; and Countervailing Duty Investigations of
events occurred since the Preliminary Petitioners’ letter titled, ‘‘Petitioners’ Request to Certain Uncoated Paper from the People’s Republic
Extend Briefing Schedule,’’ dated September 24, of China and Indonesia: Scope Comments Decision
Determination was issued. 2015. Memorandum for the Final Determinations,’’ dated
On August 27, 2015, sole respondent 6 Because there are multiple investigations of
January 8, 2016 (Final Scope Decision
Paper Australia Pty. Ltd. (Australian uncoated paper, the Department has considered Memorandum).
Paper) withdrew its participation from collectively all comments regarding the scope of the 11 See Memorandum from Christian Marsh,
investigations filed by the interested parties.
tkelley on DSK4VPTVN1PROD with NOTICES
this investigation, stating that ‘‘due to Deputy Assistant Secretary for Antidumping and
7 See Memorandum titled, ‘‘Revised Briefing
Countervailing Duty Operations, to Paul Piquado,
Schedule for Scope Comments and Rebuttal Assistant Secretary for Enforcement and
1 See Certain Uncoated Paper From Australia: Comments,’’ dated October 6, 2015. Compliance, titled ‘‘Issues and Decision
Preliminary Determination of Sales at Less Than 8 See Letter from American Greetings titled, Memorandum for the Final Determination in the
Fair Value, Negative Preliminary Determination of ‘‘Certain Uncoated Paper From Australia, Brazil, Antidumping Duty Investigation of Certain
Critical Circumstances, and Postponement of Final The People’s Republic of China, Indonesia, and Uncoated Paper from Australia’’ (Issues and
Determination, 80 FR 51783 (August 26, 2015) Portugal: Case Brief of American Greetings Decision Memorandum), dated concurrently with
(Preliminary Determination). Corporation,’’ dated October 19, 2015. this notice.
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Document Created: 2016-01-19 23:43:56
Document Modified: 2016-01-19 23:43:56
| 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 | Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2593. | |
| FR Citation | 81 FR 3105 |
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