81 FR 3112 - Certain Uncoated Paper From the People's Republic of China: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 12 (January 20, 2016)
International Trade Administration
Federal Register Volume 81, Issue 12 (January 20, 2016)
| Page Range | 3112-3115 | |
| FR Document | 2016-01020 |
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)] [Notices] [Pages 3112-3115] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01020] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-022] Certain Uncoated Paper From the People's Republic of China: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``Department'') determines that certain uncoated paper from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 735 of the Tariff Act of 1930, as amended (``the Act''). The period of investigation (``POI'') is July 1, 2014, through December 31, 2014. The final weighted-average dumping margins of sales at LTFV are listed below in the ``Final Determination Margins'' section of this notice. DATES: Effective: January 20, 2016. FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3692. SUPPLEMENTARY INFORMATION: Background On August 26, 2015, the Department published the Preliminary Determination of this antidumping duty (``AD'') investigation.\1\ The following events occurred since the Preliminary Determination was issued. --------------------------------------------------------------------------- \1\ See Certain Uncoated Paper from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 51768 (August 26, 2015) (``Preliminary Determination'') and accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- Between September 21, 2015, and September 30, 2015, the Department conducted verifications of the sales and factors of production (``FOP'') information submitted by Greenpoint Global Trading (Macao Commercial Offshore) Ltd. (``Greenpoint''), Asia Symbol (Guangdong) Paper Co. Ltd. (``AS Guangdong''), and Asia Symbol (Shandong) Pulp and Paper Co. Ltd. (``AS Shandong'') (collectively, ``Asia Symbol'') \2\ for use in the final [[Page 3113]] determination. We issued our verification report on November 10, 2015.\3\ --------------------------------------------------------------------------- \2\ The Department preliminarily collapsed AS Guangdong, AS Shandong, and Greenpoint, treating them as a single entity for the purposes of calculating a margin in this investigation. See Memorandum to the File, ``Investigation of Uncoated Paper from the People's Republic of China: Preliminary Determination Regarding Affiliation and Collapsing of Asia Symbol (Guangdong) Paper Co., Ltd., Asia Symbol (Shandong) Pulp and Paper Co., Ltd., and Greenpoint Global Trading (Macao Commercial Offshore) Ltd.,'' dated August 19, 2015. No party provided further comment or subsequent challenge to this finding. Accordingly, the Department sustains this collapsing determination for the final determination. \3\ See Memorandum to the File, ``Verification of the Sales and Factors Responses of Greenpoint Global Trading (Macao Commercial Offshore) Ltd., Asia Symbol (Guangdong) Paper Co. Ltd., and Asia Symbol (Shandong) Pulp and Paper Co., Ltd. in the Antidumping Investigation of Uncoated Paper from the People's Republic of China,'' dated November 10, 2015 (``Asia Symbol Verification Report''). --------------------------------------------------------------------------- Petitioners and Asia Symbol submitted case briefs on November 19, 2015,\4\ and rebuttal briefs on November 24, 2015.\5\ On December 9, 2015, Asia Symbol provided a revised FOP database and market-economy purchases (``MEP'') chart.\6\ On December 15, 2015, Petitioners provided comments on that submission.\7\ --------------------------------------------------------------------------- \4\ See Letter from Petitioners, ``Certain Uncoated Paper from the People's Republic of China: Petitioners Case Brief,'' dated November 19, 2015 (``Petitioners' Case Brief''). See also Letter from Asia Symbol, ``Certain Uncoated Paper from the People's Republic of China: Case Brief of the Asia Symbol Companies,'' dated November 19, 2015 (``Asia Symbol's Case Brief''). \5\ See Letter from Petitioners, ``Certain Uncoated Paper from the People's Republic of China: Petitioners' Rebuttal Brief,'' dated November 24, 2015 (``Petitioners' Rebuttal Brief''). See also Letter from Asia Symbol, ``Certain Uncoated Paper from the People's Republic of China: Rebuttal Brief of the Asia Symbol Companies,'' dated November 24, 2015 (``Asia Symbol's Rebuttal Brief''). \6\ See Letter from Asia Symbol, ``Certain Uncoated Paper from the People's Republic of China: Revised Database and MEP Chart,'' dated December 9, 2015 (``Revised Database Submission''). \7\ See Letter from Petitioners, ``Certain Uncoated Paper from the People's Republic of China: Petitioners' Response to Asia Symbol's Revised Database and MEP Chart,'' dated December 15, 2015. --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is certain uncoated paper from the PRC. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice, which incorporates changes made subsequent to the Preliminary Determination. On October 2, 2015, Gartner Studios, Inc. submitted its case brief on the scope of the investigations.\8\ On October 19, 2015, American Greetings Corporation (``American Greetings'') submitted its case brief regarding the scope of the investigations.\9\ On October 29, 2015, Petitioners submitted their rebuttal brief regarding the scope of the investigations.\10\ 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.\11\ As explained in the Final Scope Decision Memorandum, to facilitate the scope's administrability and enforcement, we have clarified the scope language such that certain uncoated paper with ``final printed content'' is excluded from the scope of the investigations. --------------------------------------------------------------------------- \8\ See Letter to Secretary Pritzker, from Gartner Studios, Inc., ``Certain Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Case Brief'' (October 2, 2015). \9\ See Letter to Secretary Pritzker, from American Greetings, ``Certain Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Case Brief of American Greetings Corporation'' (October 19, 2015). \10\ See Letter to Secretary Pritzker, from Petitioners, ``Certain Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Scope Rebuttal Brief'' (October 29, 2015). \11\ 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 interested parties in this investigation that are not related to the scope of this investigation are addressed in the Issues and Decision Memorandum, which is incorporated by reference by, and hereby adopted by, this notice.\12\ 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. The Issues and Decision Memorandum 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 is available at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \12\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Determination of Sales at Less than Fair Value in the Antidumping Duty Investigation of Certain Uncoated Paper from the People's Republic of China,'' dated concurrently with this notice (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, from September 21, 2015, to September 30, 2015, we conducted verification of the information submitted by Asia Symbol for use in the final determination.\13\ We issued a verification report on November 10, 2015.\14\ The Department used standard verification procedures, including an examination of relevant accounting and production records and original source documents provided by respondents.\15\ --------------------------------------------------------------------------- \13\ See Memorandum to the File, ``Verification of the Sales and Factors Responses of Greenpoint Global Trading (Macao Commercial Offshore) Ltd., Asia Symbol (Guangdong) Paper Co. Ltd., and Asia Symbol (Shandong) Pulp and Paper Co., Ltd. in the Antidumping Investigation of Uncoated Paper from the People's Republic of China,'' dated November 10, 2015 (``Verification Report''). \14\ See Memorandum to the File, ``Verification of the Sales and Factors Responses of Greenpoint Global Trading (Macao Commercial Offshore) Ltd., Asia Symbol (Guangdong) Paper Co. Ltd., and Asia Symbol (Shandong) Pulp and Paper Co., Ltd. in the Antidumping Investigation of Uncoated Paper from the People's Republic of China,'' dated November 10, 2015 (``Verification Report''). \15\ Id. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on the Department's analysis of the comments received and our findings at verification, we made certain changes to Asia Symbol's margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. Combination Rates In the Initiation Notice,\16\ the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.\17\ --------------------------------------------------------------------------- \16\ See Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Initiation of Less-Than-Fair-Value Investigations, 80 FR 8608 (February 18, 2015) (``Initiation Notice''). \17\ See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' dated April 5, 2005 (``Policy Bulletin 05.1''), available on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf. --------------------------------------------------------------------------- PRC-Wide Rate For the final determination, we have determined to use, as the adverse facts available (``AFA'') rate applied to the PRC-wide entity, 149.00 percent, the highest transaction-specific dumping margin calculated in the final determination. Consistent with our practice, the Department selected Asia Symbol's highest transaction-specific [[Page 3114]] margin, as AFA, because this rate is higher than the other rates in this investigation and therefore, sufficiently adverse to serve the purposes of facts available.\18\ Furthermore, there is no need to corroborate the selected margin because it is based on information submitted by Asia Symbol in the course of this investigation, i.e., it is not secondary information.\19\ --------------------------------------------------------------------------- \18\ See Issues and Decision Memorandum for a detailed discussion. \19\ See 19 CFR 351.308(c) and (d) and section 776(c) of the Act. See also Issues and Decision Memorandum at Comment 20. --------------------------------------------------------------------------- Final Determination The Department determines that the estimated final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter Producer dumping margin (percent) ------------------------------------------------------------------------ Greenpoint Global Trading Asia Symbol (Guangdong) 84.05 (Macao Commercial Offshore) Paper Co., Ltd.; and Ltd. Asia Symbol (Shandong) Pulp & Paper Co., Ltd. PRC-Wide Entity................ ....................... 149.00 ------------------------------------------------------------------------ Disclosure 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). 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 certain uncoated paper from the PRC 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 in the Federal Register of the affirmative Preliminary Determination. Further, pursuant to 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the normal value exceeds U.S. price, adjusted where appropriate for export subsidies and estimated domestic subsidy pass- through,\20\ as follows: (1) For the exporter/producer combination listed in the table above, the cash deposit rate will be equal to the dumping margin which the Department determined in this final determination; (2) for all combinations of PRC exporters/producers of merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be equal to the dumping margin established for the PRC-wide entity; and (3) for all non-PRC exporters of merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be equal to the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. --------------------------------------------------------------------------- \20\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011) and section 772(c)(1)(C) of the Act. Unlike in administrative reviews, the Department calculates the adjustment for export subsidies in investigations not in the margin calculation program, but in the cash deposit instructions issued to CBP. See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at Comment 1. --------------------------------------------------------------------------- As we stated in the Preliminary Determination, consistent with our practice, where the product under investigation is also subject to a concurrent countervailing duty investigation, we instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the export price or constructed export price, less the amount of the countervailing duty determined to constitute an export subsidy.\21\ In this LTFV investigation, export subsidies constitute 0.13 percent \22\ of the final calculated countervailing duty rate in the concurrent countervailing duty investigation, and, thus, we will offset the calculated rates for Asia Symbol, the company receiving a separate rate, and the PRC-wide rate by the countervailing duty rate attributable to export subsidies (i.e., 0.13 percent) to calculate the cash deposit rate for this LTFV investigation.\23\ We are not adjusting the rates for estimated domestic subsidy pass-through because there is no cost-to-price linkage to a subsidized program and, thus, we have no basis upon which to make such an adjustment.\24\ --------------------------------------------------------------------------- \21\ See Preliminary Determination, 80 FR at 51769-70. \22\ The following subsidy programs in the final determination of the concurrent countervailing duty investigation are export subsidies: City bonus for export activity from finance bureau (0.13 percent). See Countervailing Duty Investigation of Certain Uncoated Paper from the People's Republic of China: Final Affirmative Countervailing Duty Determination (``CVD Final''), and accompanying Issues and Decision Memorandum. The final determination in this companion CVD proceeding is being concurrently released on the same day as this final determination. \23\ The cash deposit rate reflecting the export subsidy offset will be in effect until the countervailing duty provisional measures expire (i.e. 120 days after the publication of the preliminary determination of the companion countervailing duty investigation). \24\ See Preliminary Decision Memorandum at the section, ``Adjustment Under Section 777A(f) of the Act.'' --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (``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 determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of certain uncoated paper from the PRC, or sales (or the likelihood of sales) for importation, of certain uncoated paper from the PRC. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. 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 This notice also serves as a reminder to the parties subject to administrative protective order (``APO'') of their [[Page 3115]] responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or 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 sanctionable violation. This determination is issued and published in accordance with 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 this 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 investigations is dispositive. Appendix II--List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Margin Calculations V. List of Comments VI. Discussion of Comments Comment 1: Surrogate Country Comment 2: Selection of Surrogate Value for Wood Chips Comment 3: Selection of Surrogate Values for Sodium Hypochlorite, Citric Acid, and Aluminum Chloride Comment 4: Selection of Surrogate Value for Bamboo Pulp Comment 5: Selection of Surrogate Values for Cationic Starch, Whitening Materials, Calcium Carbonate Fillers, Hydrogen Peroxide, Ferrous Sulphate, and Sodium Sulphate Comment 6: Selection of Surrogate Value for Fuel Inputs Comment 7: Selection of Surrogate Value for Native Starches Comment 8: Selection of Surrogate Values for Limestone, Antifoam Compound, Liquid Polymer, and Sodium Phosphate Comment 9: Selection of Surrogate Value for LMSTONE80_ENE_MAT Comment 10: Selection of Surrogate Value for Bailing Wire Comment 11: Selection of Surrogate Value for Packing Cartons Comment 12: Selection of Surrogate Value for Paper Cores Comment 13: Selection of Surrogate Value for Packing Covers Comment 14: Brokerage and Handling Surrogate Value Comment 15: Conversion of Nitrogen Surrogate Value Comment 16: Inland Insurance Surrogate Value Comment 17: Water Treatment Chemical FOPs Comment 18: Minor Correction for Market Economy Purchases Comment 19: Mondi's SG&A Ratio Comment 20: PRC-Wide Rate Comment 21: Minor Corrections and Inadvertent Errors VII. Recommendation [FR Doc. 2016-01020 Filed 1-19-16; 8:45 am] BILLING CODE 3510-DS-P
![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,
tkelley on DSK4VPTVN1PROD with NOTICES
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
VerDate Sep<11>2014 18:12 Jan 19, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\20JAN1.SGM 20JAN1](https://thefederalregister.org/doc/81_FR_3124/page/1.svg)
![Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices 3115
responsibility concerning the merchandise may also be classified under DEPARTMENT OF COMMERCE
disposition of propriety information 4802.62.1000, 4802.62.2000, 4802.62.3000,
disclosed under APO in accordance 4802.62.5000, 4802.62.6020, 4802.62.6040, International Trade Administration
with 19 CFR 351.305(a)(3). Timely 4802.69.1000, 4802.69.2000, 4802.69.3000,
written notification of return or 4811.90.8050 and 4811.90.9080. While [A–351–842]
destruction of APO materials or HTSUS subheadings are provided for
convenience and customs purposes, the Certain Uncoated Paper From Brazil:
conversion to judicial protective order is Final Determination of Sales at Less
hereby requested. Failure to comply written description of the scope of the
investigations is dispositive. Than Fair Value
with the regulations and terms of an
APO is a sanctionable violation. Appendix II—List of Topics Discussed AGENCY: Enforcement and Compliance,
This determination is issued and in the Final Decision Memorandum International Trade Administration,
published in accordance with sections Commerce.
735(d) and 777(i)(1) of the Act. I. Summary SUMMARY: The Department of Commerce
Dated: January 8, 2016. II. Background (‘‘the Department’’) determines that
III. Period of Investigation certain uncoated paper (‘‘uncoated
Paul Piquado,
IV. Margin Calculations
Assistant Secretary for Enforcement and paper’’) from Brazil is being, or is likely
V. List of Comments
Compliance. to be, sold in the United States at less
VI. Discussion of Comments
than fair value (‘‘LTFV’’), as provided in
Appendix I—Scope of the Investigation Comment 1: Surrogate Country
section 735(a) of the Tariff Act of 1930,
Comment 2: Selection of Surrogate Value
The merchandise covered by this as amended (‘‘the Act’’). The period of
investigation includes uncoated paper in for Wood Chips
investigation (‘‘POI’’) is January 1, 2014,
sheet form; weighing at least 40 grams per Comment 3: Selection of Surrogate Values
for Sodium Hypochlorite, Citric Acid,
through December 31, 2014. The final
square meter but not more than 150 grams dumping margins of sales at LTFV are
per square meter; that either is a white paper and Aluminum Chloride
with a GE brightness level 1 of 85 or higher Comment 4: Selection of Surrogate Value
listed below in the ‘‘Final
or is a colored paper; whether or not surface- for Bamboo Pulp Determination’’ section of this notice.
decorated, printed (except as described Comment 5: Selection of Surrogate Values DATES: Effective: January 20, 2016.
below), embossed, perforated, or punched; for Cationic Starch, Whitening Materials, FOR FURTHER INFORMATION CONTACT: Julia
irrespective of the smoothness of the surface; Calcium Carbonate Fillers, Hydrogen Hancock or Paul Walker, AD/CVD
and irrespective of dimensions (Certain
Peroxide, Ferrous Sulphate, and Sodium Operations, Office V, Enforcement and
Uncoated Paper).
Certain Uncoated Paper includes (a) Sulphate Compliance, International Trade
uncoated free sheet paper that meets this Comment 6: Selection of Surrogate Value Administration, U.S. Department of
scope definition; (b) uncoated ground wood for Fuel Inputs Commerce, 14th Street and Constitution
paper produced from bleached chemi- Comment 7: Selection of Surrogate Value Avenue NW., Washington, DC 20230;
thermo-mechanical pulp (BCTMP) that meets for Native Starches telephone: 202.482.1394 or
this scope definition; and (c) any other Comment 8: Selection of Surrogate Values 202.482.0413, respectively.
uncoated paper that meets this scope for Limestone, Antifoam Compound,
definition regardless of the type of pulp used SUPPLEMENTARY INFORMATION:
Liquid Polymer, and Sodium Phosphate
to produce the paper. Comment 9: Selection of Surrogate Value Background
Specifically excluded from the scope are
for LMSTONE80_ENE_MAT
(1) paper printed with final content of On August 26, 2015, the Department
printed text or graphics and (2) lined paper Comment 10: Selection of Surrogate Value
published the Preliminary
products, typically school supplies, for Bailing Wire
Determination of this antidumping duty
composed of paper that incorporates straight Comment 11: Selection of Surrogate Value
(‘‘AD’’) investigation.1 The events
horizontal and/or vertical lines that would for Packing Cartons
occurring since the Preliminary
make the paper unsuitable for copying or Comment 12: Selection of Surrogate Value
printing purposes. For purposes of this scope Determination was issued are detailed
for Paper Cores
definition, paper shall be considered in the Issues and Decision
Comment 13: Selection of Surrogate Value
‘‘printed with final content’’ where at least for Packing Covers
Memorandum.2
one side of the sheet has printed text and/ Comment 14: Brokerage and Handling
or graphics that cover at least five percent of
Scope of the Investigation and Scope
Surrogate Value Comments
the surface area of the entire sheet.
Imports of the subject merchandise are Comment 15: Conversion of Nitrogen
The product covered by this
provided for under Harmonized Tariff Surrogate Value
Comment 16: Inland Insurance Surrogate
investigation is uncoated paper from
Schedule of the United States (HTSUS)
Value
Brazil. For a complete description of the
categories 4802.56.1000, 4802.56.2000,
4802.56.3000, 4802.56.4000, 4802.56.6000, Comment 17: Water Treatment Chemical scope of the investigation, see the
4802.56.7020, 4802.56.7040, 4802.57.1000, FOPs Comment ‘‘Scope of the Investigation,’’ in
4802.57.2000, 4802.57.3000, and 18: Minor Correction for Market Economy Appendix I of this notice, which
4802.57.4000. Some imports of subject Purchases
1 See Certain Uncoated Paper from Brazil:
Comment 19: Mondi’s SG&A Ratio
1 One of the key measurements of any grade of Preliminary Determination of Sales at Less Than
Comment 20: PRC-Wide Rate Fair Value and Postponement of Final
paper is brightness. Generally speaking, the brighter
the paper the better the contrast between the paper Comment 21: Minor Corrections and Determination, 80 FR 52029 (August 27, 2015)
and the ink. Brightness is measured using a GE Inadvertent Errors (‘‘Preliminary Determination’’).
Reflectance Scale, which measures the reflection of VII. Recommendation 2 See Memorandum from Christian Marsh, Deputy
tkelley on DSK4VPTVN1PROD with NOTICES
light off a grade of paper. One is the lowest Assistant Secretary for Antidumping and
[FR Doc. 2016–01020 Filed 1–19–16; 8:45 am]
reflection, or what would be given to a totally black Countervailing Duty Operations, to Paul Piquado,
grade, and 100 is the brightest measured grade. BILLING CODE 3510–DS–P Assistant Secretary for Enforcement and
‘‘Colored paper’’ as used in this scope definition Compliance, ‘‘Issues and Decision Memorandum for
means a paper with a hue other than white that the Final Determination in the Antidumping Duty
reflects one of the primary colors of magenta, Investigation of Certain Uncoated Paper from
yellow, and cyan (red, yellow, and blue) or a Brazil’’ (‘‘Issues and Decision Memorandum’’),
combination of such primary colors. dated concurrently with this notice.
VerDate Sep<11>2014 18:12 Jan 19, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\20JAN1.SGM 20JAN1](https://thefederalregister.org/doc/81_FR_3124/page/4.svg)
Document Created: 2016-01-19 23:43:36
Document Modified: 2016-01-19 23:43:36
| 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 | Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3692. | |
| FR Citation | 81 FR 3112 |
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