81_FR_3127 81 FR 3115 - Certain Uncoated Paper From Brazil: Final Determination of Sales at Less Than Fair Value

81 FR 3115 - Certain Uncoated Paper From Brazil: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range3115-3117
FR Document2016-01028

The Department of Commerce (``the Department'') determines that certain uncoated paper (``uncoated paper'') from Brazil is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 735(a) of the Tariff Act of 1930, as amended (``the Act''). The period of investigation (``POI'') is January 1, 2014, through December 31, 2014. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 81 Issue 12 (Wednesday, January 20, 2016)
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3115-3117]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01028]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-842]


Certain Uncoated Paper From Brazil: Final Determination of Sales 
at Less Than Fair Value

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

SUMMARY: The Department of Commerce (``the Department'') determines 
that certain uncoated paper (``uncoated paper'') from Brazil is being, 
or is likely to be, sold in the United States at less than fair value 
(``LTFV''), as provided in section 735(a) of the Tariff Act of 1930, as 
amended (``the Act''). The period of investigation (``POI'') is January 
1, 2014, through December 31, 2014. The final dumping margins of sales 
at LTFV are listed below in the ``Final Determination'' section of this 
notice.

DATES: Effective: January 20, 2016.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Paul Walker, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202.482.1394 
or 202.482.0413, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 26, 2015, the Department published the Preliminary 
Determination of this antidumping duty (``AD'') investigation.\1\ The 
events occurring since the Preliminary Determination was issued are 
detailed in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper from Brazil: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 80 FR 52029 (August 27, 2015) (``Preliminary 
Determination'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Determination in the 
Antidumping Duty Investigation of Certain Uncoated Paper from 
Brazil'' (``Issues and Decision Memorandum''), dated concurrently 
with this notice.
---------------------------------------------------------------------------

Scope of the Investigation and Scope Comments

    The product covered by this investigation is uncoated paper from 
Brazil. For a complete description of the scope of the investigation, 
see the ``Scope of the Investigation,'' in Appendix I of this notice, 
which

[[Page 3116]]

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.\3\ On October 19, 2015, American 
Greetings Corporation (``American Greetings'') submitted its case brief 
regarding the scope of the investigations.\4\ On October 29, 2015, 
Petitioners submitted their rebuttal brief regarding the scope of the 
investigations.\5\ 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.\6\ 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.
---------------------------------------------------------------------------

    \3\ 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).
    \4\ 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).
    \5\ 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).
    \6\ 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.\7\ A list of the issues raised is attached to this notice as 
Appendix II. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central 
Records Unit, room B-8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Determination in the 
Antidumping Duty Investigation of Certain Uncoated Paper from 
Brazil'' (``Issues and Decision Memorandum''), dated concurrently 
with this notice.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, in September and October 
2015, the Department verified the sales and cost data reported by 
International Paper \8\ and Suzano,\9\ respectively, pursuant to 
section 782(i) of the Act. We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by International Paper and 
Suzano.\10\
---------------------------------------------------------------------------

    \8\ International Paper do Brasil Ltda. (``IP Brasil''), and 
International Paper Exportadora Ltda. (``IPEX'') (collectively 
``International Paper'').
    \9\ Suzano Papel e Celulose S.A./Suzano Pulp and Paper America, 
Inc. (collectively ``Suzano'').
    \10\ See IP Brasil Cost Verification Report at 1-2; Suzano Cost 
Verification Report at 1-2; International Paper Home Market 
Verification Report at 1-2; Suzano Home Market Verification Report 
at 1-2; Suzano U.S. Sales Verification Report at 1-2.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and findings at 
verification, we made certain changes to the margin calculations for 
International Paper and Suzano. For a discussion of these changes, see 
the ``Margin Calculations'' section of the Issues and Decision 
Memorandum.\11\ We have also revised the all-others rate.\12\
---------------------------------------------------------------------------

    \11\ See Issues and Decision Memorandum.
    \12\ See Memorandum to the File from Julia Hancock, Senior 
International Trade Compliance Analyst, ``Certain Uncoated Paper 
from Brazil: Calculation of the Final Margin for All Other 
Companies,'' dated concurrently with this memorandum (``All Others 
Calculation Memorandum'').
---------------------------------------------------------------------------

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. For the Final Determination, the Department calculated the 
``all-others'' rate based on a weighted-average of International 
Paper's and Suzano's margins using publicly-ranged quantities for their 
sales of subject merchandise.\13\
---------------------------------------------------------------------------

    \13\ Id. at 1-2. With two respondents, we normally calculate: 
(A) a weighted-average of the dumping margins calculated for the 
mandatory respondents; (B) a simple average of the dumping margins 
calculated for the mandatory respondents; and (C) a weighted-average 
of the dumping margins calculated for the mandatory respondents 
using each company's publicly-ranged values for the merchandise 
under consideration. We compare (B) and (C) to (A) and select the 
rate closest to (A) as the most appropriate rate for all other 
companies. See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
---------------------------------------------------------------------------

Final Determination

    The Department determines that the final weighted-average dumping 
margins are as follows:
---------------------------------------------------------------------------

    \14\ In the Preliminary Determination, we determined that 
International Paper do Brasil Ltda. and International Paper 
Exportadora Ltda. constituted a single entity. See Memorandum to 
James C. Doyle, Director, Office V, through Paul Walker, Acting 
Program Manager, from Julia Hancock, Senior International Trade 
Compliance Analyst, Office V, ``Antidumping Duty Investigation of 
Certain Uncoated Paper from Brazil: Preliminary Determination of 
Affiliation/Single Entity Treatment of International Paper do Brasil 
Ltda, International Paper Exportadora Ltda, et al.'' (August 19, 
2015). Because no interested parties submitted comments on this 
issue, the Department's determination that IP Brasil and IPEX are 
affiliated, pursuant to sections 771(33)(E) and (F) of the Act, and 
is considered a single entity, pursuant to 19 CFR 351.401(f), 
remains unchanged for this final determination.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/Manufacturer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
International Paper do Brasil Ltda. and International Paper        41.39
 Exportadora Ltda.\14\.....................................
Suzano Papel e Celulose S.A................................        22.16
All-Others.................................................        26.95
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed to interested parties 
within five days of the public announcement of this final determination 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of uncoated paper 
from Brazil, as described in Appendix I of this notice, which were 
entered, or withdrawn from

[[Page 3117]]

warehouse, for consumption on or after August 27, 2015, the date of 
publication of the preliminary determination of this investigation in 
the Federal Register.
    Further, CBP shall require a cash deposit equal to the estimated 
amount by which the normal value exceeds the U.S. price, as follows: 
(1) The rate for International Paper and Suzano will be the rate we 
determined in this final determination; (2) if the exporter is not a 
firm identified in this investigation but the producer is, the rate 
will be the rate established for the producer of the subject 
merchandise; (3) the rate for all other producers or exporters will be 
26.95 percent. The instructions suspending liquidation will remain in 
effect until further notice.

ITC Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of uncoated paper from Brazil no later than 45 days 
after our final determination. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding will 
be terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders (``APO'')

    This notice also serves as a reminder to parties subject to an APO 
of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: January 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by the investigation includes uncoated 
paper in sheet form; weighing at least 40 grams per square meter but 
not more than 150 grams per square meter; that either is a white 
paper with a GE brightness level \1\ of 85 or higher or is a colored 
paper; whether or not surface-decorated, printed (except as 
described below), embossed, perforated, or punched; irrespective of 
the smoothness of the surface; and irrespective of dimensions 
(Certain Uncoated Paper).
---------------------------------------------------------------------------

    \1\ One of the key measurements of any grade of paper is 
brightness. Generally speaking, the brighter the paper the better 
the contrast between the paper and the ink. Brightness is measured 
using a GE Reflectance Scale, which measures the reflection of light 
off a grade of paper. One is the lowest reflection, or what would be 
given to a totally black grade, and 100 is the brightest measured 
grade. ``Colored paper'' as used in this scope definition means a 
paper with a hue other than white that reflects one of the primary 
colors of magenta, yellow, and cyan (red, yellow, and blue) or a 
combination of such primary colors.
---------------------------------------------------------------------------

    Certain Uncoated Paper includes (a) uncoated free sheet paper 
that meets this scope definition; (b) uncoated ground wood paper 
produced from bleached chemi-thermo-mechanical pulp (BCTMP) that 
meets this scope definition; and (c) any other uncoated paper that 
meets this scope definition regardless of the type of pulp used to 
produce the paper.
    Specifically excluded from the scope are (1) paper printed with 
final content of printed text or graphics and (2) lined paper 
products, typically school supplies, composed of paper that 
incorporates straight horizontal and/or vertical lines that would 
make the paper unsuitable for copying or printing purposes. For 
purposes of this scope definition, paper shall be considered 
``printed with final content'' where at least one side of the sheet 
has printed text and/or graphics that cover at least five percent of 
the surface area of the entire sheet.
    Imports of the subject merchandise are provided for under 
Harmonized Tariff Schedule of the United States (HTSUS) categories 
4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 
4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 
4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of 
subject merchandise may also be classified under 4802.62.1000, 
4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 
4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 
and 4811.90.9080. While HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of the investigation is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. List of Comments
V. Discussion of Comments
    Comment 1: Treatment of Re-Exported Sales to Company X \15\
---------------------------------------------------------------------------

    \15\ Because the identity of Company X is business proprietary 
information, for further discussion, please see International 
Paper's Case Brief at 2-8, and Suzano's Case Brief at 24-5.
---------------------------------------------------------------------------

    Comment 2: Biological Asset Fair Value Adjustment (``BAFVA'') 
and Cost of Production
    Comment 3: International Paper's Level of Trade (``LOT'')
    Comment 4: Suzano's LOT
    Comment 5: Treatment of IPI and ICMS ST Taxes
    Comment 6: Treatment of INSS Taxes
    Comment 7: Inland Insurance
    Comment 8: Bank Charges
    Comment 9: Late Payment Fees, Rebate Expenses, and Other 
Expenses for Home Market Sales
    Comment 10: Interest Income and Calculation of Financial Expense 
Rate
    Comment 11: Corrections to U.S. Selling Expenses and Movement 
Expenses
    Comment 12: U.S. Indirect Selling Expenses
VI. Conclusion

[FR Doc. 2016-01028 Filed 1-19-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                          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


                                              3116                         Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices

                                              incorporates changes made subsequent                       Countervailing Duty Centralized                             calculated the ‘‘all-others’’ rate based on
                                              to the Preliminary Determination.                          Electronic Service System (‘‘ACCESS’’).                     a weighted-average of International
                                                 On October 2, 2015, Gartner Studios,                    ACCESS is available to registered users                     Paper’s and Suzano’s margins using
                                              Inc. submitted its case brief on the scope                 at https://access.trade.gov and it is                       publicly-ranged quantities for their sales
                                              of the investigations.3 On October 19,                     available to all parties in the Central                     of subject merchandise.13
                                              2015, American Greetings Corporation                       Records Unit, room B–8024 of the main
                                              (‘‘American Greetings’’) submitted its                                                                                 Final Determination
                                                                                                         Department of Commerce building. In
                                              case brief regarding the scope of the                      addition, a complete version of the                            The Department determines that the
                                              investigations.4 On October 29, 2015,                      Issues and Decision Memorandum can                          final weighted-average dumping
                                              Petitioners submitted their rebuttal brief                 be accessed directly at http://                             margins are as follows:
                                              regarding the scope of the                                 enforcement.trade.gov/frn/index.html.
                                              investigations.5 The Department is                         The signed and electronic versions of                                                                       Weighted-
                                                                                                                                                                                                                      average
                                              issuing a scope comments decision                          the Issues and Decision Memorandum                                Exporter/Manufacturer                     dumping
                                              memorandum for the final                                   are identical in content.                                                                                    margin
                                              determinations of the AD and                                                                                                                                           (percent)
                                              countervailing duty investigations of                      Verification
                                              uncoated paper, which is incorporated                        As provided in section 782(i) of the                      International Paper do Brasil
                                              by reference in, and hereby adopted by,                    Act, in September and October 2015, the                        Ltda. and International Paper
                                                                                                                                                                        Exportadora Ltda.14 ..............                41.39
                                              this final determination.6 As explained                    Department verified the sales and cost                      Suzano Papel e Celulose S.A.                         22.16
                                              in the Final Scope Decision                                data reported by International Paper 8                      All-Others ..................................        26.95
                                              Memorandum, to facilitate the scope’s                      and Suzano,9 respectively, pursuant to
                                              administrability and enforcement, we                       section 782(i) of the Act. We used                          Disclosure
                                              have clarified the scope language such                     standard verification procedures,
                                              that certain uncoated paper with ‘‘final                   including an examination of relevant                           We will disclose the calculations
                                              printed content’’ is excluded from the                     accounting and production records, and                      performed to interested parties within
                                              scope of the investigations.                               original source documents provided by                       five days of the public announcement of
                                                                                                         International Paper and Suzano.10                           this final determination in accordance
                                              Analysis of Comments Received                                                                                          with 19 CFR 351.224(b).
                                                 All issues raised in the case and                       Changes Since the Preliminary
                                                                                                         Determination                                               Continuation of Suspension of
                                              rebuttal briefs by interested parties in                                                                               Liquidation
                                              this investigation that are not related to                   Based on our analysis of the
                                              the scope of this investigation are                        comments received and findings at                             In accordance with section
                                              addressed in the Issues and Decision                                                                                   735(c)(1)(B) of the Act, the Department
                                                                                                         verification, we made certain changes to
                                              Memorandum, which is incorporated by                                                                                   will instruct U.S. Customs and Border
                                                                                                         the margin calculations for International
                                              reference by, and hereby adopted by,                                                                                   Protection (‘‘CBP’’) to continue to
                                                                                                         Paper and Suzano. For a discussion of
                                              this notice.7 A list of the issues raised                                                                              suspend liquidation of all appropriate
                                                                                                         these changes, see the ‘‘Margin
                                              is attached to this notice as Appendix II.                                                                             entries of uncoated paper from Brazil, as
                                                                                                         Calculations’’ section of the Issues and
                                              The Issues and Decision Memorandum                                                                                     described in Appendix I of this notice,
                                                                                                         Decision Memorandum.11 We have also
                                              is a public document and is on file                                                                                    which were entered, or withdrawn from
                                                                                                         revised the all-others rate.12
                                              electronically via Enforcement and
                                              Compliance’s Antidumping and                               All-Others Rate                                               13 Id. at 1–2. With two respondents, we normally

                                                                                                                                                                     calculate: (A) a weighted-average of the dumping
                                                                                                           Section 735(c)(5)(A) of the Act                           margins calculated for the mandatory respondents;
                                                 3 See Letter to Secretary Pritzker, from Gartner
                                                                                                         provides that the estimated all-others                      (B) a simple average of the dumping margins
                                              Studios, Inc., ‘‘Certain Uncoated Paper from                                                                           calculated for the mandatory respondents; and (C)
                                              Australia, Brazil, the People’s Republic of China,
                                                                                                         rate shall be an amount equal to the
                                                                                                                                                                     a weighted-average of the dumping margins
                                              Indonesia, and Portugal: Case Brief’’ (October 2,          weighted-average of the estimated                           calculated for the mandatory respondents using
                                              2015).                                                     weighted-average dumping margins                            each company’s publicly-ranged values for the
                                                 4 See Letter to Secretary Pritzker, from American
                                                                                                         established for exporters and producers                     merchandise under consideration. We compare (B)
                                              Greetings, ‘‘Certain Uncoated Paper from Australia,        individually investigated excluding any                     and (C) to (A) and select the rate closest to (A) as
                                              Brazil, the People’s Republic of China, Indonesia,                                                                     the most appropriate rate for all other companies.
                                              and Portugal: Case Brief of American Greetings             zero or de minimis margins, and                             See Ball Bearings and Parts Thereof from France,
                                              Corporation’’ (October 19, 2015).                          margins determined entirely under                           Germany, Italy, Japan, and the United Kingdom:
                                                 5 See Letter to Secretary Pritzker, from Petitioners,
                                                                                                         section 776 of the Act. For the Final                       Final Results of Antidumping Duty Administrative
                                              ‘‘Certain Uncoated Paper from Australia, Brazil, the       Determination, the Department                               Reviews, Final Results of Changed-Circumstances
                                              People’s Republic of China, Indonesia, and                                                                             Review, and Revocation of an Order in Part, 75 FR
                                              Portugal: Scope Rebuttal Brief’’ (October 29, 2015).                                                                   53661, 53663 (September 1, 2010).
                                                                                                            8 International Paper do Brasil Ltda. (‘‘IP Brasil’’),
                                                 6 See the Department’s Memorandum to the File,                                                                        14 In the Preliminary Determination, we
                                              ‘‘Less Than Fair Value Investigations of Certain           and International Paper Exportadora Ltda. (‘‘IPEX’’)
                                                                                                                                                                     determined that International Paper do Brasil Ltda.
                                              Uncoated Paper from Australia, Brazil, the People’s        (collectively ‘‘International Paper’’).
                                                                                                            9 Suzano Papel e Celulose S.A./Suzano Pulp and
                                                                                                                                                                     and International Paper Exportadora Ltda.
                                              Republic of China, Indonesia, and Portugal; and                                                                        constituted a single entity. See Memorandum to
                                              Countervailing Duty Investigations of Certain              Paper America, Inc. (collectively ‘‘Suzano’’).              James C. Doyle, Director, Office V, through Paul
                                                                                                            10 See IP Brasil Cost Verification Report at 1–2;
                                              Uncoated Paper from the People’s Republic of                                                                           Walker, Acting Program Manager, from Julia
                                              China and Indonesia: Scope Comments Decision               Suzano Cost Verification Report at 1–2;                     Hancock, Senior International Trade Compliance
                                              Memorandum for the Final Determinations,’’ dated           International Paper Home Market Verification                Analyst, Office V, ‘‘Antidumping Duty Investigation
                                              January 8, 2016 (‘‘Final Scope Decision                    Report at 1–2; Suzano Home Market Verification              of Certain Uncoated Paper from Brazil: Preliminary
                                              Memorandum’’).                                             Report at 1–2; Suzano U.S. Sales Verification Report        Determination of Affiliation/Single Entity
                                                 7 See Memorandum from Christian Marsh, Deputy           at 1–2.                                                     Treatment of International Paper do Brasil Ltda,
tkelley on DSK4VPTVN1PROD with NOTICES




                                                                                                            11 See Issues and Decision Memorandum.
                                              Assistant Secretary for Antidumping and                                                                                International Paper Exportadora Ltda, et al.’’
                                              Countervailing Duty Operations, to Paul Piquado,              12 See Memorandum to the File from Julia                 (August 19, 2015). Because no interested parties
                                              Assistant Secretary for Enforcement and                    Hancock, Senior International Trade Compliance              submitted comments on this issue, the
                                              Compliance, ‘‘Issues and Decision Memorandum for           Analyst, ‘‘Certain Uncoated Paper from Brazil:              Department’s determination that IP Brasil and IPEX
                                              the Final Determination in the Antidumping Duty            Calculation of the Final Margin for All Other               are affiliated, pursuant to sections 771(33)(E) and
                                              Investigation of Certain Uncoated Paper from               Companies,’’ dated concurrently with this                   (F) of the Act, and is considered a single entity,
                                              Brazil’’ (‘‘Issues and Decision Memorandum’’),             memorandum (‘‘All Others Calculation                        pursuant to 19 CFR 351.401(f), remains unchanged
                                              dated concurrently with this notice.                       Memorandum’’).                                              for this final determination.



                                         VerDate Sep<11>2014    18:12 Jan 19, 2016   Jkt 238001   PO 00000    Frm 00023    Fmt 4703    Sfmt 4703   E:\FR\FM\20JAN1.SGM        20JAN1


                                                                         Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices                                                       3117

                                              warehouse, for consumption on or after                    Dated: January 8, 2016.                               II. Background
                                              August 27, 2015, the date of publication                Paul Piquado,                                           III. Period of Investigation
                                                                                                                                                              IV. List of Comments
                                              of the preliminary determination of this                Assistant Secretary for Enforcement and
                                                                                                                                                              V. Discussion of Comments
                                              investigation in the Federal Register.                  Compliance.
                                                                                                                                                                 Comment 1: Treatment of Re-Exported
                                                 Further, CBP shall require a cash                    Appendix I—Scope of the Investigation                         Sales to Company X 15
                                              deposit equal to the estimated amount                                                                              Comment 2: Biological Asset Fair Value
                                                                                                         The merchandise covered by the                             Adjustment (‘‘BAFVA’’) and Cost of
                                              by which the normal value exceeds the                                                                                 Production
                                                                                                      investigation includes uncoated paper in
                                              U.S. price, as follows: (1) The rate for                sheet form; weighing at least 40 grams per                 Comment 3: International Paper’s Level of
                                              International Paper and Suzano will be                  square meter but not more than 150 grams                      Trade (‘‘LOT’’)
                                              the rate we determined in this final                    per square meter; that either is a white paper             Comment 4: Suzano’s LOT
                                              determination; (2) if the exporter is not               with a GE brightness level 1 of 85 or higher               Comment 5: Treatment of IPI and ICMS ST
                                              a firm identified in this investigation                 or is a colored paper; whether or not surface-                Taxes
                                                                                                      decorated, printed (except as described                    Comment 6: Treatment of INSS Taxes
                                              but the producer is, the rate will be the                                                                          Comment 7: Inland Insurance
                                                                                                      below), embossed, perforated, or punched;
                                              rate established for the producer of the                irrespective of the smoothness of the surface;             Comment 8: Bank Charges
                                              subject merchandise; (3) the rate for all               and irrespective of dimensions (Certain                    Comment 9: Late Payment Fees, Rebate
                                              other producers or exporters will be                    Uncoated Paper).                                              Expenses, and Other Expenses for Home
                                              26.95 percent. The instructions                            Certain Uncoated Paper includes (a)                        Market Sales
                                                                                                      uncoated free sheet paper that meets this                  Comment 10: Interest Income and
                                              suspending liquidation will remain in                                                                                 Calculation of Financial Expense Rate
                                                                                                      scope definition; (b) uncoated ground wood
                                              effect until further notice.                            paper produced from bleached chemi-                        Comment 11: Corrections to U.S. Selling
                                                                                                      thermo-mechanical pulp (BCTMP) that meets                     Expenses and Movement Expenses
                                              ITC Notification                                                                                                   Comment 12: U.S. Indirect Selling
                                                                                                      this scope definition; and (c) any other
                                                 In accordance with section 735(d) of                 uncoated paper that meets this scope                          Expenses
                                                                                                      definition regardless of the type of pulp used          VI. Conclusion
                                              the Act, we will notify the ITC of our
                                                                                                      to produce the paper.                                   [FR Doc. 2016–01028 Filed 1–19–16; 8:45 am]
                                              final affirmative determination of sales                   Specifically excluded from the scope are
                                              at LTFV. Because the final                                                                                      BILLING CODE 3510–DS–P
                                                                                                      (1) paper printed with final content of
                                              determination in this proceeding is                     printed text or graphics and (2) lined paper
                                              affirmative, in accordance with section                 products, typically school supplies,
                                                                                                      composed of paper that incorporates straight            DEPARTMENT OF COMMERCE
                                              735(b)(2) of the Act, the ITC will make
                                                                                                      horizontal and/or vertical lines that would
                                              its final determination as to whether the               make the paper unsuitable for copying or                National Institute of Standards and
                                              domestic industry in the United States                  printing purposes. For purposes of this scope           Technology
                                              is materially injured, or threatened with               definition, paper shall be considered
                                              material injury, by reason of imports of                ‘‘printed with final content’’ where at least           Advisory Committee on Earthquake
                                              uncoated paper from Brazil no later than                one side of the sheet has printed text and/             Hazards Reduction Meeting
                                              45 days after our final determination. If               or graphics that cover at least five percent of
                                                                                                      the surface area of the entire sheet.                   AGENCY: National Institute of Standards
                                              the ITC determines that material injury                    Imports of the subject merchandise are               and Technology, Department of
                                              or threat of material injury does not                   provided for under Harmonized Tariff                    Commerce.
                                              exist, the proceeding will be terminated                Schedule of the United States (HTSUS)                   ACTION: Notice of open meeting.
                                              and all cash deposits will be refunded.                 categories 4802.56.1000, 4802.56.2000,
                                              If the ITC determines that such injury                  4802.56.3000, 4802.56.4000, 4802.56.6000,               SUMMARY:    The Advisory Committee on
                                              does exist, the Department will issue an                4802.56.7020, 4802.56.7040, 4802.57.1000,               Earthquake Hazards Reduction (ACEHR
                                                                                                      4802.57.2000, 4802.57.3000, and                         or Committee), will meet on Thursday,
                                              antidumping duty order directing CBP                    4802.57.4000. Some imports of subject
                                              to assess, upon further instruction by                                                                          March 3, 2016 from 8:30 a.m. to 5:00
                                                                                                      merchandise may also be classified under
                                              the Department, antidumping duties on                   4802.62.1000, 4802.62.2000, 4802.62.3000,
                                                                                                                                                              p.m. Eastern Time and Friday, March 4,
                                              all imports of the subject merchandise                  4802.62.5000, 4802.62.6020, 4802.62.6040,               2016, from 8:30 a.m. to 2:30 p.m.
                                              entered, or withdrawn from warehouse,                   4802.69.1000, 4802.69.2000, 4802.69.3000,               Eastern Time. The primary purpose of
                                              for consumption on or after the effective               4811.90.8050 and 4811.90.9080. While                    this meeting is to review the National
                                              date of the suspension of liquidation.
                                                                                                      HTSUS subheadings are provided for                      Earthquake Hazards Reduction Program
                                                                                                      convenience and customs purposes, the                   (NEHRP) agency updates on their latest
                                              Notification Regarding Administrative                   written description of the scope of the                 activities, receive the NEHRP agency
                                              Protective Orders (‘‘APO’’)                             investigation is dispositive.                           responses to the Committee’s 2015
                                                                                                                                                              report, and gather information for the
                                                 This notice also serves as a reminder                Appendix II—List of Topics Discussed
                                                                                                                                                              Committee’s 2017 Report on the
                                              to parties subject to an APO of their                   in the Issues and Decision
                                                                                                                                                              Effectiveness of the NEHRP. The agenda
                                              responsibility concerning the                           Memorandum
                                                                                                                                                              may change to accommodate Committee
                                              disposition of proprietary information                  I. Summary                                              business. The final agenda will be
                                              disclosed under APO in accordance                                                                               posted on the NEHRP Web site at
                                              with 19 CFR 351.305(a)(3). Timely                          1 One of the key measurements of any grade of
                                                                                                                                                              http://nehrp.gov/.
                                              written notification of the return or                   paper is brightness. Generally speaking, the brighter
                                                                                                      the paper the better the contrast between the paper     DATES: The ACEHR will meet on
                                              destruction of APO materials, or                        and the ink. Brightness is measured using a GE          Thursday, March 3, 2016, from 8:30 a.m.
                                              conversion to judicial protective order,                Reflectance Scale, which measures the reflection of     until 5:00 p.m. Eastern Time. The
tkelley on DSK4VPTVN1PROD with NOTICES




                                              is hereby requested. Failure to comply                  light off a grade of paper. One is the lowest           meeting will continue on Friday, March
                                                                                                      reflection, or what would be given to a totally black
                                              with the regulations and terms of an                    grade, and 100 is the brightest measured grade.         4, 2016, from 8:30 a.m. until 2:30 p.m.
                                              APO is a violation subject to sanction.                 ‘‘Colored paper’’ as used in this scope definition
                                                 This determination and this notice are               means a paper with a hue other than white that            15 Because the identity of Company X is business

                                                                                                      reflects one of the primary colors of magenta,          proprietary information, for further discussion,
                                              issued and published pursuant to                        yellow, and cyan (red, yellow, and blue) or a           please see International Paper’s Case Brief at 2–8,
                                              sections 735(d) and 777(i)(1) of the Act.               combination of such primary colors.                     and Suzano’s Case Brief at 24–5.



                                         VerDate Sep<11>2014   18:12 Jan 19, 2016   Jkt 238001   PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\20JAN1.SGM   20JAN1



Document Created: 2016-01-19 23:43:44
Document Modified: 2016-01-19 23:43:44
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.
ContactJulia Hancock or Paul Walker, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202.482.1394 or 202.482.0413, respectively.
FR Citation81 FR 3115 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR