81_FR_3122 81 FR 3110 - Certain Uncoated Paper From the People's Republic of China: Final Affirmative Countervailing Duty Determination

81 FR 3110 - Certain Uncoated Paper From the People's Republic of China: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 12 (January 20, 2016)

Page Range3110-3112
FR Document2016-01013

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain uncoated paper (uncoated paper) from the People's Republic of China (PRC). For more information on the estimated subsidy rate, see the ``Final Determination and Suspension of Liquidation'' section of this notice. The period of investigation is January 1, 2014, through December 31, 2014.

Federal Register, Volume 81 Issue 12 (Wednesday, January 20, 2016)
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3110-3112]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01013]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-023]


Certain Uncoated Paper From the People's Republic of China: Final 
Affirmative Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain uncoated paper (uncoated paper) from the People's Republic 
of China (PRC). For more information on the estimated subsidy rate, see 
the ``Final Determination and Suspension of Liquidation'' section of 
this notice. The period of investigation is January 1, 2014, through 
December 31, 2014.

DATES: Effective: January 20, 2016.

FOR FURTHER INFORMATION CONTACT: Patricia Tran or Joy Zhang, Office 
III, AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1503 or (202) 482-1168, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The events that have occurred since the Department published the 
Preliminary Determination on June 29, 2015 and Notice of Correction on 
July 9, 2015,\1\ are discussed in the Issues and Decision Memorandum, 
which is hereby incorporated in this notice.\2\ This memorandum also 
details the changes we made since the Preliminary Determination to the 
subsidy rates calculated for the mandatory respondents and all other 
producers/exporters. 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 http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 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 Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper From the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination With Final Antidumping Duty 
Determination, 80 FR 36968 (June 29, 2015) (Preliminary 
Determination), and Certain Uncoated Paper From the People's 
Republic of China: Notice of Correction to Preliminary Affirmative 
Countervailing Duty Determination, 80 FR 39409 (July 9, 2015) 
(Notice of Correction).
    \2\ See Memorandum to Paul Piquado, ``Issues and Decision 
Memorandum for the Final Affirmative Countervailing Duty 
Determination in the Countervailing Duty Investigation of Certain 
Uncoated Paper from the People's Republic of China'' (January 8, 
2016) (Issues and Decision Memorandum).

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

[[Page 3111]]

Scope of the Investigation

    The scope of the investigation covers uncoated paper. For a 
complete description of the scope of the investigation, see Appendix I.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum, dated concurrently 
with this notice. A list of the issues that parties raised, and to 
which we responded in the Issues and Decision Memorandum, is attached 
to this notice as Appendix II.

Use of Facts Otherwise Available, Including Adverse Inferences

    As described in the Preliminary Determination, Shandong Sun Paper 
Industry Joint Stock Co., Ltd., and Sun Paper (Hong Kong) Co., Ltd. 
(collectively, Sun Paper Companies) and UPM (China) Co., Ltd. (UPM) 
each notified the Department that it would not participate in this 
investigation.\3\ Thus, for the final determination, we are basing the 
countervailing duty (CVD) rate for Sun Paper Companies and UPM on facts 
otherwise available, pursuant to sections 776(a)(2)(C) and (D) of the 
Tariff Act of 1930, as amended (the Act). Further, because Sun Paper 
Companies and UPM did not cooperate to the best of their ability in 
this investigation, we also determine that an adverse inference is 
warranted, pursuant to section 776(b) of the Act. As adverse facts 
available (AFA), we have assigned Sun Paper Companies and UPM, each a 
rate of 185.25 percent. For a full discussion of this issue, see the 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \3\ See Letter from Sun Paper Companies, ``Certain Uncoated 
Paper from the People's Republic of China--Withdrawal of 
Participation in Investigation,'' (April 8, 2015) (Sun Paper 
Companies Withdrawal Letter) and UPM's submission, ``Uncoated Paper 
From the People's Republic of China (C-570-023) Investigation; UPM 
(China) Co. Ltd.'s Letter Regarding Questionnaire Responses,'' (May 
6, 2015) (UPM Withdrawal Letter).
---------------------------------------------------------------------------

Final Determination and Suspension of Liquidation

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for 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 Offshore) Limited 
(Greenpoint) (collectively, Asia Symbol Companies). Section 
705(c)(5)(A)(i) of the Act states that, for companies not individually 
investigated, we will determine an ``all-others'' rate equal to the 
weighted-average countervailable subsidy rates established for 
exporters and producers individually investigated, excluding any zero 
and de minimis countervailable subsidy rates, and any rates determined 
entirely under section 776 of the Act. Where the rates for investigated 
companies are zero or de minimis, or based entirely on facts otherwise 
available, section 705(c)(5)(A)(ii) of the Act instructs the Department 
to establish an ``all-others'' rate using ``any reasonable method.'' As 
discussed above, we determined Sun Paper Companies and UPM rates based 
entirely on AFA in accordance with sections 776(a) and (b) of the Act. 
Therefore, we used the rate calculated for Asia Symbol Companies as the 
``all-others'' rate. We intend to disclose to parties the calculations 
performed in this proceeding within five days of the public 
announcement of this final determination in accordance with 19 CFR 
351.224(b).
    We determine the total estimated net countervailable subsidy rates 
to be:

------------------------------------------------------------------------
              Company                            Subsidy rate
------------------------------------------------------------------------
Asia Symbol (Guangdong) Paper Co.,   7.23 percent.
 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
 Offshore) Limited (Greenpoint)
 (collectively, Asia Symbol
 Companies).
Shandong Sun Paper Industry Joint    176.75 percent.
 Stock Co., Ltd. (Shandong Sun
 Paper), and Sun Paper (Hong Kong)
 Co., Ltd. (Sun Paper HK)
 (collectively, Sun Paper
 Companies).
UPM (China) Co. Ltd. (UPM).........  176.75 percent.
All-Others.........................  7.23 percent.
------------------------------------------------------------------------

    As a result of our affirmative Preliminary Determination, pursuant 
to sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to suspend liquidation of entries of 
subject merchandise from the PRC which were entered or withdrawn from 
warehouse, for consumption on or after June 29, 2015, the date of the 
publication of the Preliminary Determination in the Federal Register.
    In accordance with section 703(d) of the Act, we later issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after October 27, 2015, but to continue the suspension 
of liquidation of all entries from June 29, 2015, through October 26, 
2015, as appropriate.
    We will issue a CVD order and reinstate the suspension of 
liquidation in accordance with our final determination and under 
section 706(a) of the Act if the United States International Trade 
Commission (ITC) issues a final affirmative injury determination, and 
we will instruct CBP to require a cash deposit of estimated 
countervailing duties for such entries of merchandise in the amounts 
indicated above. If the ITC determines that material injury, or threat 
of material injury, does not exist, this proceeding will be terminated 
and all estimated duties deposited as a result of the suspension of 
liquidation will be refunded.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our final determination. In addition, we are making available to 
the ITC all non-privileged and non-proprietary information related to 
this investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this

[[Page 3112]]

notice will serve as the only reminder to parties subject to an APO of 
their responsibility concerning the destruction of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) 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 \4\ 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).
---------------------------------------------------------------------------

    \4\ 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. Scope of the Investigation
IV. Application of the Countervailing Duty Law to Imports From the 
PRC
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether To Reverse the Department's Government 
``Authorities'' Determination
    Comment 2: Whether To Reverse the Department's Specificity 
Determination for the Provision of Calcium Carbonate and Caustic 
Soda for Less Than Adequate Remuneration (LTAR)
    Comment 3: Whether To Reverse the Department's Market Distortion 
Determination
    Comment 4: Whether To Exclude Policy Loan Observation 95 From 
the Final Determination Calculations
    Comment 5: Whether To Include Surcharges in International 
Freight Calculations for Calcium Carbonate and Caustic Soda 
Benchmarks
    Comment 6: Whether To Incorporate the Minor Corrections Into the 
Final Calculations
    Comment 7: Whether To Revise the Provision of Coal for Less Than 
Adequate Remuneration Benchmark
    Comment 8: Whether the Provision of Water for LTAR Confers a 
Benefit
    Comment 9: Whether the Provision of Land to State-Owned 
Enterprises (SOEs) for LTAR is Countervailable
X. Recommendation

[FR Doc. 2016-01013 Filed 1-19-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                              3110                        Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices

                                              is materially injured, or threatened with               thermo-mechanical pulp (BCTMP) that meets              certain uncoated paper (uncoated paper)
                                              material injury, by reason of imports of                this scope definition; and (c) any other               from the People’s Republic of China
                                              uncoated paper from Australia no later                  uncoated paper that meets this scope                   (PRC). For more information on the
                                              than 45 days after our final                            definition regardless of the type of pulp used         estimated subsidy rate, see the ‘‘Final
                                                                                                      to produce the paper.
                                              determination. If the ITC determines                       Specifically excluded from the scope are
                                                                                                                                                             Determination and Suspension of
                                              that material injury or threat of material              (1) paper printed with final content of                Liquidation’’ section of this notice. The
                                              injury does not exist, the proceeding                   printed text or graphics and (2) lined paper           period of investigation is January 1,
                                              will be terminated and all cash deposits                products, typically school supplies,                   2014, through December 31, 2014.
                                              will be refunded. If the ITC determines                 composed of paper that incorporates straight           DATES:   Effective: January 20, 2016.
                                              that such injury does exist, the                        horizontal and/or vertical lines that would
                                              Department will issue an antidumping                    make the paper unsuitable for copying or               FOR FURTHER INFORMATION CONTACT:
                                              duty order directing CBP to assess, upon                printing purposes. For purposes of this scope          Patricia Tran or Joy Zhang, Office III,
                                              further instruction by the Department,                  definition, paper shall be considered                  AD/CVD Operations, Enforcement and
                                                                                                      ‘‘printed with final content’’ where at least          Compliance, International Trade
                                              antidumping duties on all imports of the                one side of the sheet has printed text and/
                                              subject merchandise entered, or                                                                                Administration, U.S. Department of
                                                                                                      or graphics that cover at least five percent of
                                              withdrawn from warehouse, for                           the surface area of the entire sheet.
                                                                                                                                                             Commerce, 14th Street and Constitution
                                              consumption on or after the effective                      Imports of the subject merchandise are              Avenue NW., Washington, DC 20230;
                                              date of the suspension of liquidation.                  provided for under Harmonized Tariff                   telephone: (202) 482–1503 or (202) 482–
                                                                                                      Schedule of the United States (HTSUS)                  1168, respectively.
                                              Notification Regarding Administrative                   categories 4802.56.1000, 4802.56.2000,
                                              Protective Orders (APO)                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                      4802.56.3000, 4802.56.4000, 4802.56.6000,
                                                 This notice also serves as a reminder                4802.56.7020, 4802.56.7040, 4802.57.1000,              Background
                                              to parties subject to an APO of their                   4802.57.2000, 4802.57.3000, and
                                                                                                      4802.57.4000. Some imports of subject                     The events that have occurred since
                                              responsibility concerning the                           merchandise may also be classified under               the Department published the
                                              disposition of proprietary information                  4802.62.1000, 4802.62.2000, 4802.62.3000,              Preliminary Determination on June 29,
                                              disclosed under APO in accordance                       4802.62.5000, 4802.62.6020, 4802.62.6040,              2015 and Notice of Correction on July 9,
                                              with 19 CFR 351.305(a)(3). Timely                       4802.69.1000, 4802.69.2000, 4802.69.3000,              2015,1 are discussed in the Issues and
                                              written notification of the return or                   4811.90.8050 and 4811.90.9080. While                   Decision Memorandum, which is hereby
                                              destruction of APO materials, or                        HTSUS subheadings are provided for                     incorporated in this notice.2 This
                                              conversion to judicial protective order,                convenience and customs purposes, the
                                                                                                      written description of the scope of the
                                                                                                                                                             memorandum also details the changes
                                              is hereby requested. Failure to comply                                                                         we made since the Preliminary
                                              with the regulations and terms of an                    investigation is dispositive.
                                                                                                                                                             Determination to the subsidy rates
                                              APO is a violation subject to sanction.                 Appendix II—List of Topics Discussed                   calculated for the mandatory
                                                 This determination and this notice are               in the Issues and Decision                             respondents and all other producers/
                                              issued and published pursuant to                        Memorandum                                             exporters. The Issues and Decision
                                              sections 735(d) and 777(i)(1) of the Act.                                                                      Memorandum is a public document and
                                                                                                      I. Summary
                                                Dated: January 8, 2016.                               II. Background                                         is on file electronically via Enforcement
                                              Paul Piquado,                                           III. Period of Investigation                           and Compliance’s Antidumping and
                                              Assistant Secretary for Enforcement and                 IV. List of Comments                                   Countervailing Duty Centralized
                                              Compliance.                                             V. Discussion of Comments                              Electronic Service System (ACCESS).
                                                                                                         Comment 1: Whether Adverse Facts                    ACCESS is available to registered users
                                              Appendix I—Scope of the Investigation                         Available (AFA) are Warranted for                at http://access.trade.gov, and is
                                                                                                            Respondent Australian Paper
                                                 The merchandise covered by the
                                                                                                         Comment 2: Rate To Assign to Australian
                                                                                                                                                             available to all parties in the Central
                                              investigation includes uncoated paper in                                                                       Records Unit, room B8024 of the main
                                                                                                            Paper Based on AFA
                                              sheet form; weighing at least 40 grams per                                                                     Department of Commerce building. In
                                                                                                         Comment 3: Derivation of the All-Others
                                              square meter but not more than 150 grams                                                                       addition, a complete version of the
                                                                                                            Rate
                                              per square meter; that either is a white paper                                                                 Issues and Decision Memorandum can
                                                                                                      VI. Finding of Critical Circumstances, In Part
                                              with a GE brightness level 1 of 85 or higher
                                              or is a colored paper; whether or not surface-          [FR Doc. 2016–01019 Filed 1–19–16; 8:45 am]            be accessed directly at http://
                                              decorated, printed (except as described                 BILLING CODE 3510–DS–P
                                                                                                                                                             enforcement.trade.gov/frn/index.html.
                                              below), embossed, perforated, or punched;                                                                      The signed Issues and Decision
                                              irrespective of the smoothness of the surface;                                                                 Memorandum and the electronic
                                              and irrespective of dimensions (Certain                 DEPARTMENT OF COMMERCE                                 version of the Issues and Decision
                                              Uncoated Paper).                                                                                               Memorandum are identical in content.
                                                 Certain Uncoated Paper includes (a)                  International Trade Administration
                                              uncoated free sheet paper that meets this                                                                         1 See Certain Uncoated Paper From the People’s
                                              scope definition; (b) uncoated ground wood              [C–570–023]
                                                                                                                                                             Republic of China: Preliminary Affirmative
                                              paper produced from bleached chemi-                                                                            Countervailing Duty Determination and Alignment
                                                                                                      Certain Uncoated Paper From the                        of Final Determination With Final Antidumping
                                                1 One   of the key measurements of any grade of       People’s Republic of China: Final                      Duty Determination, 80 FR 36968 (June 29, 2015)
                                              paper is brightness. Generally speaking, the brighter   Affirmative Countervailing Duty                        (Preliminary Determination), and Certain Uncoated
                                              the paper the better the contrast between the paper     Determination                                          Paper From the People’s Republic of China: Notice
                                              and the ink. Brightness is measured using a GE                                                                 of Correction to Preliminary Affirmative
                                              Reflectance Scale, which measures the reflection of     AGENCY:  Enforcement and Compliance,                   Countervailing Duty Determination, 80 FR 39409
tkelley on DSK4VPTVN1PROD with NOTICES




                                              light off a grade of paper. One is the lowest                                                                  (July 9, 2015) (Notice of Correction).
                                              reflection, or what would be given to a totally black
                                                                                                      International Trade Administration,                       2 See Memorandum to Paul Piquado, ‘‘Issues and

                                              grade, and 100 is the brightest measured grade.         Commerce.                                              Decision Memorandum for the Final Affirmative
                                              ‘‘Colored paper’’ as used in this scope definition      SUMMARY: The Department of Commerce                    Countervailing Duty Determination in the
                                              means a paper with a hue other than white that                                                                 Countervailing Duty Investigation of Certain
                                              reflects one of the primary colors of magenta,
                                                                                                      (the Department) determines that                       Uncoated Paper from the People’s Republic of
                                              yellow, and cyan (red, yellow, and blue) or a           countervailable subsidies are being                    China’’ (January 8, 2016) (Issues and Decision
                                              combination of such primary colors.                     provided to producers and exporters of                 Memorandum).



                                         VerDate Sep<11>2014   18:12 Jan 19, 2016   Jkt 238001   PO 00000   Frm 00017   Fmt 4703   Sfmt 4703   E:\FR\FM\20JAN1.SGM   20JAN1


                                                                                    Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices                                                                                               3111

                                              Scope of the Investigation                                                  basing the countervailing duty (CVD)                                         companies not individually
                                                                                                                          rate for Sun Paper Companies and UPM                                         investigated, we will determine an ‘‘all-
                                                The scope of the investigation covers                                     on facts otherwise available, pursuant to                                    others’’ rate equal to the weighted-
                                              uncoated paper. For a complete                                              sections 776(a)(2)(C) and (D) of the                                         average countervailable subsidy rates
                                              description of the scope of the                                             Tariff Act of 1930, as amended (the Act).                                    established for exporters and producers
                                              investigation, see Appendix I.                                              Further, because Sun Paper Companies                                         individually investigated, excluding any
                                              Analysis of Subsidy Programs and                                            and UPM did not cooperate to the best                                        zero and de minimis countervailable
                                              Comments Received                                                           of their ability in this investigation, we                                   subsidy rates, and any rates determined
                                                                                                                          also determine that an adverse inference                                     entirely under section 776 of the Act.
                                                 The subsidy programs under                                               is warranted, pursuant to section 776(b)                                     Where the rates for investigated
                                              investigation and the issues raised in                                      of the Act. As adverse facts available                                       companies are zero or de minimis, or
                                              the case and rebuttal briefs by parties in                                  (AFA), we have assigned Sun Paper                                            based entirely on facts otherwise
                                              this investigation are discussed in the                                     Companies and UPM, each a rate of                                            available, section 705(c)(5)(A)(ii) of the
                                              Issues and Decision Memorandum,                                             185.25 percent. For a full discussion of
                                              dated concurrently with this notice. A                                                                                                                   Act instructs the Department to
                                                                                                                          this issue, see the Issues and Decision                                      establish an ‘‘all-others’’ rate using ‘‘any
                                              list of the issues that parties raised, and                                 Memorandum.
                                              to which we responded in the Issues                                                                                                                      reasonable method.’’ As discussed
                                              and Decision Memorandum, is attached                                        Final Determination and Suspension of                                        above, we determined Sun Paper
                                              to this notice as Appendix II.                                              Liquidation                                                                  Companies and UPM rates based
                                                                                                                                                                                                       entirely on AFA in accordance with
                                              Use of Facts Otherwise Available,                                              In accordance with section
                                                                                                                          705(c)(1)(B)(i) of the Act, we calculated                                    sections 776(a) and (b) of the Act.
                                              Including Adverse Inferences                                                                                                                             Therefore, we used the rate calculated
                                                                                                                          a rate for Asia Symbol (Guangdong)
                                                As described in the Preliminary                                           Paper Co., Ltd. (AS Guangdong), Asia                                         for Asia Symbol Companies as the ‘‘all-
                                              Determination, Shandong Sun Paper                                           Symbol (Shandong) Pulp & Paper Co.,                                          others’’ rate. We intend to disclose to
                                              Industry Joint Stock Co., Ltd., and Sun                                     Ltd. (AS Shandong), Asia Symbol                                              parties the calculations performed in
                                              Paper (Hong Kong) Co., Ltd.                                                 (Guangdong) Omya Minerals Co., Ltd.                                          this proceeding within five days of the
                                              (collectively, Sun Paper Companies) and                                     (AS Omya), and Greenpoint Global                                             public announcement of this final
                                              UPM (China) Co., Ltd. (UPM) each                                            Trading (Macao Commercial Offshore)                                          determination in accordance with 19
                                              notified the Department that it would                                       Limited (Greenpoint) (collectively, Asia                                     CFR 351.224(b).
                                              not participate in this investigation.3                                     Symbol Companies). Section                                                     We determine the total estimated net
                                              Thus, for the final determination, we are                                   705(c)(5)(A)(i) of the Act states that, for                                  countervailable subsidy rates to be:

                                                                                                                                   Company                                                                                                      Subsidy rate

                                              Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong), Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS                                                                                    7.23 percent.
                                                 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. (Shandong Sun Paper), and Sun Paper (Hong Kong) Co., Ltd.                                                                                  176.75 percent.
                                                 (Sun Paper HK) (collectively, Sun Paper Companies).
                                              UPM (China) Co. Ltd. (UPM) .................................................................................................................................................                 176.75 percent.
                                              All-Others ...............................................................................................................................................................................   7.23 percent.



                                                 As a result of our affirmative                                              We will issue a CVD order and                                             International Trade Commission
                                              Preliminary Determination, pursuant to                                      reinstate the suspension of liquidation                                      Notification
                                              sections 703(d)(1)(B) and (2) of the Act,                                   in accordance with our final                                                    In accordance with section 705(d) of
                                              we instructed U.S. Customs and Border                                       determination and under section 706(a)                                       the Act, we will notify the ITC of our
                                              Protection (CBP) to suspend liquidation                                     of the Act if the United States                                              final determination. In addition, we are
                                              of entries of subject merchandise from                                      International Trade Commission (ITC)                                         making available to the ITC all non-
                                              the PRC which were entered or                                               issues a final affirmative injury                                            privileged and non-proprietary
                                              withdrawn from warehouse, for                                               determination, and we will instruct CBP                                      information related to this investigation.
                                              consumption on or after June 29, 2015,                                      to require a cash deposit of estimated                                       We will allow the ITC access to all
                                              the date of the publication of the                                          countervailing duties for such entries of                                    privileged and business proprietary
                                              Preliminary Determination in the                                            merchandise in the amounts indicated                                         information in our files, provided the
                                              Federal Register.                                                           above. If the ITC determines that                                            ITC confirms that it will not disclose
                                                 In accordance with section 703(d) of                                                                                                                  such information, either publicly or
                                                                                                                          material injury, or threat of material
                                              the Act, we later issued instructions to                                                                                                                 under an administrative protective order
                                              CBP to discontinue the suspension of                                        injury, does not exist, this proceeding
                                                                                                                          will be terminated and all estimated                                         (APO), without the written consent of
                                              liquidation for CVD purposes for subject                                                                                                                 the Assistant Secretary for Enforcement
                                              merchandise entered, or withdrawn                                           duties deposited as a result of the
                                                                                                                                                                                                       and Compliance.
                                              from warehouse, on or after October 27,                                     suspension of liquidation will be
                                              2015, but to continue the suspension of                                     refunded.                                                                    Return or Destruction of Proprietary
                                              liquidation of all entries from June 29,                                                                                                                 Information
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                                              2015, through October 26, 2015, as                                                                                                                         In the event that the ITC issues a final
                                              appropriate.                                                                                                                                             negative injury determination, this
                                                3 See Letter from Sun Paper Companies, ‘‘Certain                          Companies Withdrawal Letter) and UPM’s                                       Responses,’’ (May 6, 2015) (UPM Withdrawal
                                              Uncoated Paper from the People’s Republic of                                submission, ‘‘Uncoated Paper From the People’s                               Letter).
                                              China—Withdrawal of Participation in                                        Republic of China (C–570–023) Investigation; UPM
                                              Investigation,’’ (April 8, 2015) (Sun Paper                                 (China) Co. Ltd.’s Letter Regarding Questionnaire



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                                              3112                        Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices

                                              notice will serve as the only reminder                  4802.56.3000, 4802.56.4000, 4802.56.6000,              DEPARTMENT OF COMMERCE
                                              to parties subject to an APO of their                   4802.56.7020, 4802.56.7040, 4802.57.1000,
                                              responsibility concerning the                           4802.57.2000, 4802.57.3000, and                        International Trade Administration
                                              destruction of proprietary information                  4802.57.4000. Some imports of subject
                                                                                                      merchandise may also be classified under               [A–570–022]
                                              disclosed under APO in accordance
                                              with 19 CFR 351.305(a)(3). Timely                       4802.62.1000, 4802.62.2000, 4802.62.3000,
                                                                                                                                                             Certain Uncoated Paper From the
                                              written notification of the return/                     4802.62.5000, 4802.62.6020, 4802.62.6040,
                                                                                                                                                             People’s Republic of China: Final
                                              destruction of APO materials or                         4802.69.1000, 4802.69.2000, 4802.69.3000,
                                                                                                      4811.90.8050 and 4811.90.9080. While
                                                                                                                                                             Determination of Sales at Less Than
                                              conversion to judicial protective order is                                                                     Fair Value
                                              hereby requested. Failure to comply                     HTSUS subheadings are provided for
                                              with the regulations and terms of an                    convenience and customs purposes, the                  AGENCY:   Enforcement and Compliance,
                                              APO is a violation that is subject to                   written description of the scope of the                International Trade Administration,
                                              sanction.                                               investigation is dispositive.                          Department of Commerce.
                                                This determination is issued and                                                                             SUMMARY: The Department of Commerce
                                              published pursuant to sections 705(d)                   Appendix II—List of Topics Discussed                   (‘‘Department’’) determines that certain
                                              and 777(i) of the Act.                                  in the Issues and Decision                             uncoated paper from the People’s
                                                                                                      Memorandum                                             Republic of China (‘‘PRC’’) is being, or
                                                Dated: January 8, 2016.
                                              Paul Piquado,                                                                                                  is likely to be, sold in the United States
                                                                                                      I. Summary                                             at less than fair value (‘‘LTFV’’), as
                                              Assistant Secretary for Enforcement and                 II. Background
                                              Compliance.                                                                                                    provided in section 735 of the Tariff Act
                                                                                                      III. Scope of the Investigation                        of 1930, as amended (‘‘the Act’’). The
                                              Appendix I—Scope of the Investigation                   IV. Application of the Countervailing Duty             period of investigation (‘‘POI’’) is July 1,
                                                                                                            Law to Imports From the PRC                      2014, through December 31, 2014. The
                                                 The merchandise covered by the                       V. Subsidies Valuation                                 final weighted-average dumping
                                              investigation includes uncoated paper in                VI. Benchmarks and Discount Rates
                                                                                                                                                             margins of sales at LTFV are listed
                                              sheet form; weighing at least 40 grams per              VII. Use of Facts Otherwise Available and
                                              square meter but not more than 150 grams                                                                       below in the ‘‘Final Determination
                                                                                                            Adverse Inferences
                                              per square meter; that either is a white paper                                                                 Margins’’ section of this notice.
                                                                                                      VIII. Analysis of Programs
                                              with a GE brightness level 4 of 85 or higher            IX. Analysis of Comments                               DATES: Effective: January 20, 2016.
                                              or is a colored paper; whether or not surface-                                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                         Comment 1: Whether To Reverse the
                                              decorated, printed (except as described
                                              below), embossed, perforated, or punched;                     Department’s Government ‘‘Authorities’’          Stephanie Moore, AD/CVD Operations,
                                              irrespective of the smoothness of the surface;                Determination                                    Office III, Enforcement and Compliance,
                                              and irrespective of dimensions (Certain                    Comment 2: Whether To Reverse the                   International Trade Administration,
                                              Uncoated Paper).                                              Department’s Specificity Determination           U.S. Department of Commerce, 14th
                                                 Certain Uncoated Paper includes (a)                        for the Provision of Calcium Carbonate           Street and Constitution Avenue NW.,
                                              uncoated free sheet paper that meets this                     and Caustic Soda for Less Than                   Washington, DC 20230; telephone: (202)
                                              scope definition; (b) uncoated ground wood                    Adequate Remuneration (LTAR)                     482–3692.
                                              paper produced from bleached chemi-                        Comment 3: Whether To Reverse the
                                              thermo-mechanical pulp (BCTMP) that meets                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                            Department’s Market Distortion
                                              this scope definition; and (c) any other                                                                       Background
                                                                                                            Determination
                                              uncoated paper that meets this scope
                                              definition regardless of the type of pulp used             Comment 4: Whether To Exclude Policy                   On August 26, 2015, the Department
                                              to produce the paper.                                         Loan Observation 95 From the Final               published the Preliminary
                                                 Specifically excluded from the scope are                   Determination Calculations                       Determination of this antidumping duty
                                              (1) paper printed with final content of                    Comment 5: Whether To Include                       (‘‘AD’’) investigation.1 The following
                                              printed text or graphics and (2) lined paper                  Surcharges in International Freight              events occurred since the Preliminary
                                              products, typically school supplies,                          Calculations for Calcium Carbonate and
                                              composed of paper that incorporates straight
                                                                                                                                                             Determination was issued.
                                                                                                            Caustic Soda Benchmarks                             Between September 21, 2015, and
                                              horizontal and/or vertical lines that would                Comment 6: Whether To Incorporate the
                                              make the paper unsuitable for copying or                                                                       September 30, 2015, the Department
                                                                                                            Minor Corrections Into the Final                 conducted verifications of the sales and
                                              printing purposes. For purposes of this scope
                                                                                                            Calculations
                                              definition, paper shall be considered                                                                          factors of production (‘‘FOP’’)
                                                                                                         Comment 7: Whether To Revise the
                                              ‘‘printed with final content’’ where at least                                                                  information submitted by Greenpoint
                                              one side of the sheet has printed text and/                   Provision of Coal for Less Than
                                                                                                                                                             Global Trading (Macao Commercial
                                              or graphics that cover at least five percent of               Adequate Remuneration Benchmark
                                                                                                                                                             Offshore) Ltd. (‘‘Greenpoint’’), Asia
                                              the surface area of the entire sheet.                      Comment 8: Whether the Provision of
                                                                                                                                                             Symbol (Guangdong) Paper Co. Ltd.
                                                 Imports of the subject merchandise are                     Water for LTAR Confers a Benefit
                                              provided for under Harmonized Tariff
                                                                                                                                                             (‘‘AS Guangdong’’), and Asia Symbol
                                                                                                         Comment 9: Whether the Provision of Land
                                              Schedule of the United States (HTSUS)                         to State-Owned Enterprises (SOEs) for
                                                                                                                                                             (Shandong) Pulp and Paper Co. Ltd.
                                              categories 4802.56.1000, 4802.56.2000,                        LTAR is Countervailable
                                                                                                                                                             (‘‘AS Shandong’’) (collectively, ‘‘Asia
                                                                                                      X. Recommendation
                                                                                                                                                             Symbol’’) 2 for use in the final
                                                 4 One of the key measurements of any grade of
                                                                                                      [FR Doc. 2016–01013 Filed 1–19–16; 8:45 am]              1 See Certain Uncoated Paper from the People’s
                                              paper is brightness. Generally speaking, the brighter
                                              the paper the better the contrast between the paper     BILLING CODE 3510–DS–P                                 Republic of China: Preliminary Determination of
                                              and the ink. Brightness is measured using a GE                                                                 Sales at Less Than Fair Value and Postponement
                                              Reflectance Scale, which measures the reflection of                                                            of Final Determination, 80 FR 51768 (August 26,
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                                              light off a grade of paper. One is the lowest                                                                  2015) (‘‘Preliminary Determination’’) and
                                              reflection, or what would be given to a totally black                                                          accompanying Preliminary Decision Memorandum.
                                              grade, and 100 is the brightest measured grade.                                                                  2 The Department preliminarily collapsed AS

                                              ‘‘Colored paper’’ as used in this scope definition                                                             Guangdong, AS Shandong, and Greenpoint, treating
                                              means a paper with a hue other than white that                                                                 them as a single entity for the purposes of
                                              reflects one of the primary colors of magenta,                                                                 calculating a margin in this investigation. See
                                              yellow, and cyan (red, yellow, and blue) or a                                                                  Memorandum to the File, ‘‘Investigation of
                                              combination of such primary colors.                                                                            Uncoated Paper from the People’s Republic of



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Document Created: 2016-01-19 23:44:11
Document Modified: 2016-01-19 23:44:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective: January 20, 2016.
ContactPatricia Tran or Joy Zhang, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1503 or (202) 482-1168, respectively.
FR Citation81 FR 3110 

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