81_FR_71904 81 FR 71703 - Certain Uncoated Paper From Portugal: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

81 FR 71703 - Certain Uncoated Paper From Portugal: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 201 (October 18, 2016)

Page Range71703-71705
FR Document2016-25172

The Department of Commerce (the ``Department'') preliminarily determines that The Navigator Company, S.A. and Navigator Fine Paper, S.A. (collectively ``Navigator'') is the successor in interest to Portucel, S.A. and Portucel Soporcel Fine Paper, S.A. (collectively ``Portucel'') for purposes of the antidumping duty order on certain uncoated paper from Portugal and, as such, is entitled to Portucel's cash deposit rate with respect to entries of subject merchandise. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 201 (Tuesday, October 18, 2016)
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Notices]
[Pages 71703-71705]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25172]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-471-807]


Certain Uncoated Paper From Portugal: Initiation and Preliminary 
Results of Antidumping Duty Changed Circumstances Review

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

SUMMARY: The Department of Commerce (the ``Department'') preliminarily 
determines that The Navigator

[[Page 71704]]

Company, S.A. and Navigator Fine Paper, S.A. (collectively 
``Navigator'') is the successor in interest to Portucel, S.A. and 
Portucel Soporcel Fine Paper, S.A. (collectively ``Portucel'') for 
purposes of the antidumping duty order on certain uncoated paper from 
Portugal and, as such, is entitled to Portucel's cash deposit rate with 
respect to entries of subject merchandise. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective October 18, 2016.

FOR FURTHER INFORMATION CONTACT: Carrie Bethea, 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-
1491.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty order for certain 
uncoated paper from Portugal in the Federal Register on March 3, 
2016.\1\ In the underlying less than fair value investigation, the 
Department collapsed Portucel, S.A. and Portucel Soporcel Fine Paper, 
S.A. for purposes of antidumping treatment.\2\ On August 26, 2016, the 
Department received a request on behalf of Navigator for an expedited 
changed circumstance review (``CCR'') to establish Navigator as the 
successor-in-interest to Portucel for purposes of the antidumping duty 
order on certain uncoated paper from Portugal.\3\ We received no 
comments opposing Navigator's request.
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper from Australia, Brazil, 
Indonesia, the People's Republic of China, and Portugal: Amended 
Final Affirmative Antidumping Determinations for Brazil and 
Indonesia and Antidumping Duty Orders, 42 FR 11174 (March 3, 2016) 
(``Order'').
    \2\ See Certain Uncoated Paper from Portugal: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 80 FR 51777 (August 26, 2015) (unchanged in 
final results), Certain Uncoated Paper from Portugal: Final 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances, 81 FR 3105 (January 20, 
2016).
    \3\ Letter to the Secretary from Navigator, regarding, ``Certain 
Uncoated Paper from Portugal: Request for Changed Circumstances 
Review,'' dated August 26, 2016 (``CCR Request'').
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order includes uncoated paper in 
sheet form; weighing at least 40 grams per square meter but not more 
than 150 grams per square meter; that either is a white paper with a GE 
brightness level \4\ of 85 or higher or is a colored paper; whether or 
not surface-decorated, printed (except as described below), embossed, 
perforated, or punched; irrespective of the smoothness of the surface; 
and irrespective of dimensions (Certain Uncoated Paper).
---------------------------------------------------------------------------

    \4\ One of the key measurements of any grade of paper is 
brightness. Generally speaking, the brighter the paper the better 
the contrast between the paper and the ink. Brightness is measured 
using a GE Reflectance Scale, which measures the reflection of light 
off a grade of paper. One is the lowest reflection, or what would be 
given to a totally black grade, and 100 is the brightest measured 
grade. ``Colored paper'' as used in this scope definition means a 
paper with a hue other than white that reflects one of the primary 
colors of magenta, yellow, and cyan (red, yellow, and blue) or a 
combination of such primary colors.
---------------------------------------------------------------------------

    Certain Uncoated Paper includes (a) uncoated free sheet paper that 
meets this scope definition; (b) uncoated ground wood paper produced 
from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this 
scope definition; and (c) any other uncoated paper that meets this 
scope definition regardless of the type of pulp used to produce the 
paper.
    Specifically excluded from the scope are (1) paper printed with 
final content of printed text or graphics and (2) lined paper products, 
typically school supplies, composed of paper that incorporates straight 
horizontal and/or vertical lines that would make the paper unsuitable 
for copying or printing purposes. For purposes of this scope 
definition, paper shall be considered ``printed with final content'' 
where at least one side of the sheet has printed text and/or graphics 
that cover at least five percent of the surface area of the entire 
sheet.
    The product is currently classified 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.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act'') and 19 CFR 351.216(c)-(d), the Department will only 
conduct a changed circumstances review less than 24 months after the 
date of publication of the final determination with good cause and upon 
receipt of information concerning, or a request from an interested 
party for a review of, an antidumping duty finding which shows changed 
circumstances sufficient to warrant a review of the order.
    Navigator has shown that good cause exists to conduct a changed 
circumstance review because the name change will affect its import 
documentation before U.S. Customs and Border Protection (``CBP''), thus 
affecting CBP's treatment of its entries. The information submitted by 
Navigator claiming that Navigator is the successor-in-interest to 
Portucel also demonstrates changed circumstances sufficient to warrant 
a review. Therefore, in accordance with section 751(b)(1) of the Act 
and 19 CFR 351.216(c)-(d), the Department is initiating a changed 
circumstances review to determine whether Navigator is the successor-
in-interest to Portucel.

Preliminary Results

    The Department may issue the notice of initiation of the review and 
the preliminary results concurrently when it concludes that expedited 
action is warranted.\5\ We find that expedited action is warranted 
because we have the information necessary on the record to make a 
preliminary finding. Therefore, we are combining the notice of 
initiation and the notice of preliminary results in accordance with 19 
CFR 351.221(c)(3)(ii).
---------------------------------------------------------------------------

    \5\ 19 CFR 351.221(c)(3)(ii); see also Initiation and 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review: Multilayered Wood Flooring from the People's Republic of 
China, 80 FR 7842 (Feb. 12, 2015); Certain Frozen Warmwater Shrimp 
from the Socialist Republic of Vietnam: Initiation and Preliminary 
Results of Changed Circumstances Review, 77 FR 4993 (February 1, 
2012).
---------------------------------------------------------------------------

    In determining whether one company is the successor to another for 
purposes of applying the antidumping duty (``AD'') law, the Department 
examines a number of factors including, but not limited to, changes in 
(1) management, (2) production facilities, (3) suppliers, and (4) 
customer base.\6\ While no one or several of these factors will 
necessarily provide a dispositive indication of succession, the 
Department will generally consider one company to be the successor to 
another company if its resulting operation is essentially the same as 
that of its predecessor.\7\ Thus, if the evidence demonstrates that, 
with

[[Page 71705]]

respect to the production and sale of the subject merchandise, the new 
company operates as the same business entity as the prior company, the 
Department will assign the new company the cash deposit rate of its 
predecessor.\8\
---------------------------------------------------------------------------

    \6\ See, e.g., Notice of Preliminary Results of Antidumping Duty 
Changed Circumstances Review: Polychloroprene Rubber from Japan, 69 
FR 61796, 61797 (October 21, 2004).
    \7\ Id.
    \8\ See, e.g.,Certain Circular Welded Carbon Steel Pipes and 
Tubes from Taiwan: Initiation of Antidumping Duty Changed 
Circumstance Review, 70 FR 17063, 17064 (April 4, 2005); Fresh and 
Chilled Atlantic Salmon from Norway: Final Results of Changed 
Circumstances Administrative Review, 64 FR 9979, 9980 (March 1, 
1999).
---------------------------------------------------------------------------

    In its August 26, 2016 submission, Navigator provided documentation 
demonstrating that Navigator is the successor in interest to Portucel 
in that no major changes occurred with respect to management, 
production process, customer base, or suppliers.\9\
---------------------------------------------------------------------------

    \9\ See, generally, CCR Request.
---------------------------------------------------------------------------

    According to the information provided, no material changes in 
management,\10\ operations,\11\ or ownership \12\ have occurred in the 
businesses as a result of the name change from Portucel to Navigator. 
Navigator's General Managers, Board of Directors, and shareholders have 
not materially changed from Portucel's following its name change.\13\ 
Navigator's production facilities and production of subject merchandise 
remain the same as Portucel.\14\ Navigator has maintained Portucel's 
business model as a vertically integrated producer such that there are 
no material changes in its suppliers.\15\ Navigator continues to export 
to the same sole customer in the United States as Portucel, thus there 
are no material changes between Portucel's and Navigator's customer 
bases.\16\
---------------------------------------------------------------------------

    \10\ Id. at Attachment 2 and 4 (showing any changes in Board of 
Directors to be routine and unrelated to the successor-in-interest 
claim).
    \11\ Id. at Attachment 1, 6, and 7.
    \12\ Id. at Attachment 8; see also Certain Pasta from Turkey: 
Preliminary Results of Countervailing Duty Changed Circumstances 
Review, 74 FR 47225 (September 15, 2009) (unchanged in final) (``the 
types of changes that we normally consider to be significant {. . . 
does not include. . .{time}  regular buying and selling of publicly 
owned shares held by a broad array of investors'').
    \13\ CCR Request at 3-4 and Attachments 2, 4, 6, and 7.
    \14\ Id. at Attachments 1, 6, and 7.
    \15\ Id. at Attachment 9.
    \16\ Id. at Attachment 10 (showing Navigator's U.S. affiliate's 
customers for fiscal year 2015 and January through July of 2016).
---------------------------------------------------------------------------

    Should our final results remain the same as these preliminary 
results, effective the date of publication of the final results, we 
will instruct U.S. Customs and Border Protection to assign entries of 
subject merchandise exported by Navigator the antidumping duty cash-
deposit rate applicable to Portucel.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 14 
days after the date of publication of this notice, and rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\17\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.309.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce. 
All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Standard Time, within 14 days 
after the date of publication of this notice.\18\ Requests should 
contain the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a time and date to be determined.
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this changed circumstances review no later than 270 days after the 
date on which this review was initiated or within 45 days of 
publication of these preliminary results if all parties agree to our 
preliminary finding.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) of 
the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: October 7, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-25172 Filed 10-17-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                          Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices                                               71703

                                             Microscope. Manufacturer: FEI                           category manufactured in the United                   Entry: There are no instruments of the
                                             Company, the Netherlands. Intended                      States. Application accepted by                       same general category manufactured in
                                             Use: The instrument will be used to                     Commissioner of Customs: July 18,                     the United States. Application accepted
                                             achieve sub-nanometer resolution                        2016.                                                 by Commissioner of Customs: July 14,
                                             structures of protein complexes,                          Docket Number: 16–011. Applicant:                   2016.
                                             characterize interactions between                       Van Andel Research Institute, 333                        Docket Number: 16–015. Applicant:
                                             various components of protein                           Botswick Avenue NE., Grand Rapids, MI                 Yale University, 2 Whitney Avenue,
                                             complexes and understand biological                     49503. Instrument: Electron Microscope.               Suite 540, P.O. Box 208202, New Haven,
                                             activities by imaging protein assemblies                Manufacturer: FEI Company, the                        CT 06520. Instrument: Electron
                                             in cellular or physiologic conditions.                  Netherlands. Intended Use: The                        Microscope. Manufacturer: FEI
                                             Justification for Duty-Free Entry: There                instrument will be used to                            Company, the Netherlands. Intended
                                             are no instruments of the same general                  computationally process images of                     Use: The instrument will be used to
                                             category manufactured in the United                     protein complexes and apply averaging                 obtain atomic-resolution maps of
                                             States. Application accepted by                         techniques to 3D models of isolated                   macromolecular complexes, to obtain
                                             Commissioner of Customs: July 14,                       cellular components. Justification for                three-dimensional tomograms of cellular
                                             2016.                                                   Duty-Free Entry: There are no                         contents, and to observe the
                                                Docket Number: 16–008. Applicant:                    instruments of the same general                       arrangements of organelles and
                                             California Institute of Technology, 1200                category manufactured in the United                   macromolecular complexes that
                                             E. California Blvd., Pasadena, CA 91125.                States. Application accepted by                       participate in cellular processes.
                                             Instrument: Cryogenic Temperature                       Commissioner of Customs: June 21,                     Justification for Duty-Free Entry: There
                                             Scanning Tunneling Microscope                           2016.                                                 are no instruments of the same general
                                             System. Manufacturer: Unisoku Co.,                        Docket Number: 16–012. Applicant:                   category manufactured in the United
                                             LTd., Japan. Intended Use: The                          Van Andel Research Institute, 333                     States. Application accepted by
                                             instrument will be used to investigate                  Botswick Avenue NE., Grand Rapids, MI                 Commissioner of Customs: July 18,
                                             structural and electrical surface                       49503. Instrument: Electron Microscope.               2016.
                                             properties with atomic resolution at                    Manufacturer: FEI, Co., the Netherlands.                 Docket Number: 16–016. Applicant:
                                             cryogenic temperatures (-459                            Intended Use: The instrument will be                  State University of New York at Stony
                                             Fahrenheit—0.4 K) and high magnetic                     used to computationally process images                Brook, Research & Development
                                             fields, at which conditions materials can               of protein complexes and apply                        Campus, Development Drive, Bldg. 17,
                                             exhibit unusual quantum properties                      averaging techniques to 3D models of                  Stony Brook, NY 117964–6000.
                                             such as topological superconductivity                   isolated cellular components.                         Instrument: Cryo-Electron Microscope.
                                             and fractionalization of charge carriers.               Justification for Duty-Free Entry: There              Manufacturer: FEI Company, the
                                             Experiments to be conducted with the                    are no instruments of the same general                Netherlands. Intended Use: The
                                             instrument include mapping of the local                 category manufactured in the United                   instrument will be used to image and
                                             electronic density of states of gated                   States. Application accepted by                       visualize purified proteins, nucleic acid-
                                             nanostructures by measuring current—                    Commissioner of Customs: June 16,                     protein complexes, and thin sections of
                                             voltage curves at different points,                     2016.                                                 biological materials such as cells or
                                             mapping of the electron spin structure                    Docket Number: 16–013. Applicant:                   tissues by cryo-electron microscopy.
                                             using scanning tips made of magnetic                    Van Andel Research Institute, 333                     Justification for Duty-Free Entry: There
                                             materials, and probing the size of the                  Botswick Avenue NE., Grand Rapids, MI                 are no instruments of the same general
                                             energy gap in topological insulators and                49503. Instrument: Electron Microscope.               category manufactured in the United
                                             topological superconductors. For this                   Manufacturer: FEI Company, Czech                      States. Application accepted by
                                             type of research an instrument capable                  Republic. Intended Use: The instrument                Commissioner of Customs: August 24,
                                             of performing scanning tunneling                        will be used to computationally process               2016.
                                             microscopy (STM) and atomic force                       images of protein complexes and apply                   Dated: October 11, 2016.
                                             microscopy (AFM) at cryogenic                           averaging techniques to calculate 3D
                                                                                                                                                           Gregory W. Campbell,
                                             temperatures and high magnetic fields is                models of isolated cellular components.
                                                                                                                                                           Director of Subsidies Enforcement,
                                             essential. Justification for Duty-Free                  Justification for Duty-Free Entry: There
                                                                                                                                                           Enforcement and Compliance.
                                             Entry: There are no instruments of the                  are no instruments of the same general
                                                                                                                                                           [FR Doc. 2016–25173 Filed 10–17–16; 8:45 am]
                                             same general category manufactured in                   category manufactured in the United
                                                                                                                                                           BILLING CODE 3510–DS–P
                                             the United States. Application accepted                 States. Application accepted by
                                             by Commissioner of Customs: July 14,                    Commissioner of Customs: July 15,
                                             2016.                                                   2016.
                                                                                                                                                           DEPARTMENT OF COMMERCE
                                                Docket Number: 16–010. Applicant:                      Docket Number: 16–014. Applicant:
                                             University of California, Riverside, 900                Iowa State University, 3616                           International Trade Administration
                                             University Drive, Riverside, CA 92521.                  Administrative Services Bldg., Stange
                                                                                                                                                           [A–471–807]
                                             Instrument: Electron Microscope.                        Road, Ames, Iowa 50011–3616.
                                             Manufacturer: FEI Company, the                          Instrument: Electron Microscope.                      Certain Uncoated Paper From
                                             Netherlands. Intended Use: The                          Manufacturer: FEI Company, the                        Portugal: Initiation and Preliminary
                                             instrument will be used teaching and                    Netherlands. Intended Use: The                        Results of Antidumping Duty Changed
                                             associated research, including materials                instrument will be used to study atom                 Circumstances Review
Lhorne on DSK30JT082PROD with NOTICES




                                             science, earth science and life science,                arrangement/motion in defects,
                                             all of which rely on the characterization               interface, precipitate and their effect on            AGENCY:  Enforcement and Compliance,
                                             of morphology and structure at                          property using high-resolution                        International Trade Administration,
                                             microscopic down to atomic scale of                     (scanning) electron microscopy,                       Department of Commerce.
                                             materials and biological tissues.                       nanospectroscopy, electron diffraction,               SUMMARY: The Department of Commerce
                                             Justification for Duty-Free Entry: There                electron holography and Lorentz                       (the ‘‘Department’’) preliminarily
                                             are no instruments of the same general                  microscopy. Justification for Duty-Free               determines that The Navigator


                                        VerDate Sep<11>2014   13:19 Oct 17, 2016   Jkt 241001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\18OCN1.SGM   18OCN1


                                             71704                        Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices

                                             Company, S.A. and Navigator Fine                        of 85 or higher or is a colored paper;                  changed circumstances review less than
                                             Paper, S.A. (collectively ‘‘Navigator’’) is             whether or not surface-decorated,                       24 months after the date of publication
                                             the successor in interest to Portucel,                  printed (except as described below),                    of the final determination with good
                                             S.A. and Portucel Soporcel Fine Paper,                  embossed, perforated, or punched;                       cause and upon receipt of information
                                             S.A. (collectively ‘‘Portucel’’) for                    irrespective of the smoothness of the                   concerning, or a request from an
                                             purposes of the antidumping duty order                  surface; and irrespective of dimensions                 interested party for a review of, an
                                             on certain uncoated paper from Portugal                 (Certain Uncoated Paper).                               antidumping duty finding which shows
                                             and, as such, is entitled to Portucel’s                    Certain Uncoated Paper includes (a)                  changed circumstances sufficient to
                                             cash deposit rate with respect to entries               uncoated free sheet paper that meets                    warrant a review of the order.
                                             of subject merchandise. Interested                      this scope definition; (b) uncoated                        Navigator has shown that good cause
                                             parties are invited to comment on these                 ground wood paper produced from                         exists to conduct a changed
                                             preliminary results.                                    bleached chemi-thermo-mechanical                        circumstance review because the name
                                             DATES: Effective October 18, 2016.                      pulp (BCTMP) that meets this scope                      change will affect its import
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                     definition; and (c) any other uncoated                  documentation before U.S. Customs and
                                                                                                     paper that meets this scope definition                  Border Protection (‘‘CBP’’), thus
                                             Carrie Bethea, AD/CVD Operations,
                                                                                                     regardless of the type of pulp used to                  affecting CBP’s treatment of its entries.
                                             Office V, Enforcement and Compliance,
                                                                                                     produce the paper.                                      The information submitted by Navigator
                                             International Trade Administration,
                                                                                                        Specifically excluded from the scope                 claiming that Navigator is the successor-
                                             U.S. Department of Commerce, 14th                       are (1) paper printed with final content                in-interest to Portucel also demonstrates
                                             Street and Constitution Avenue NW.,                     of printed text or graphics and (2) lined               changed circumstances sufficient to
                                             Washington, DC 20230; telephone: (202)                  paper products, typically school                        warrant a review. Therefore, in
                                             482–1491.                                               supplies, composed of paper that                        accordance with section 751(b)(1) of the
                                             SUPPLEMENTARY INFORMATION:                              incorporates straight horizontal and/or                 Act and 19 CFR 351.216(c)–(d), the
                                             Background                                              vertical lines that would make the paper                Department is initiating a changed
                                                                                                     unsuitable for copying or printing                      circumstances review to determine
                                               The Department published the                          purposes. For purposes of this scope                    whether Navigator is the successor-in-
                                             antidumping duty order for certain                      definition, paper shall be considered                   interest to Portucel.
                                             uncoated paper from Portugal in the                     ‘‘printed with final content’’ where at
                                             Federal Register on March 3, 2016.1 In                  least one side of the sheet has printed                 Preliminary Results
                                             the underlying less than fair value                     text and/or graphics that cover at least                   The Department may issue the notice
                                             investigation, the Department collapsed                 five percent of the surface area of the                 of initiation of the review and the
                                             Portucel, S.A. and Portucel Soporcel                    entire sheet.                                           preliminary results concurrently when
                                             Fine Paper, S.A. for purposes of                           The product is currently classified                  it concludes that expedited action is
                                             antidumping treatment.2 On August 26,                   under Harmonized Tariff Schedule of                     warranted.5 We find that expedited
                                             2016, the Department received a request                 the United States (HTSUS) categories                    action is warranted because we have the
                                             on behalf of Navigator for an expedited                 4802.56.1000, 4802.56.2000,                             information necessary on the record to
                                             changed circumstance review (‘‘CCR’’)                   4802.56.3000, 4802.56.4000,                             make a preliminary finding. Therefore,
                                             to establish Navigator as the successor-                4802.56.6000, 4802.56.7020,                             we are combining the notice of
                                             in-interest to Portucel for purposes of                 4802.56.7040, 4802.57.1000,                             initiation and the notice of preliminary
                                             the antidumping duty order on certain                   4802.57.2000, 4802.57.3000, and                         results in accordance with 19 CFR
                                             uncoated paper from Portugal.3 We                       4802.57.4000. Some imports of subject                   351.221(c)(3)(ii).
                                             received no comments opposing                           merchandise may also be classified                         In determining whether one company
                                             Navigator’s request.                                    under 4802.62.1000, 4802.62.2000,                       is the successor to another for purposes
                                             Scope of the Order                                      4802.62.3000, 4802.62.5000,                             of applying the antidumping duty
                                                                                                     4802.62.6020, 4802.62.6040,                             (‘‘AD’’) law, the Department examines a
                                               The merchandise covered by this                       4802.69.1000, 4802.69.2000,                             number of factors including, but not
                                             order includes uncoated paper in sheet                  4802.69.3000, 4811.90.8050 and                          limited to, changes in (1) management,
                                             form; weighing at least 40 grams per                    4811.90.9080. While HTSUS                               (2) production facilities, (3) suppliers,
                                             square meter but not more than 150                      subheadings are provided for                            and (4) customer base.6 While no one or
                                             grams per square meter; that either is a                convenience and customs purposes, the                   several of these factors will necessarily
                                             white paper with a GE brightness level 4                written description of the scope of the                 provide a dispositive indication of
                                               1 See Certain Uncoated Paper from Australia,
                                                                                                     investigation is dispositive.                           succession, the Department will
                                             Brazil, Indonesia, the People’s Republic of China,                                                              generally consider one company to be
                                                                                                     Initiation of Changed Circumstances
                                             and Portugal: Amended Final Affirmative                                                                         the successor to another company if its
                                             Antidumping Determinations for Brazil and
                                                                                                     Review
                                                                                                                                                             resulting operation is essentially the
                                             Indonesia and Antidumping Duty Orders, 42 FR              Pursuant to section 751(b)(1) of the
                                             11174 (March 3, 2016) (‘‘Order’’).
                                                                                                                                                             same as that of its predecessor.7 Thus,
                                               2 See Certain Uncoated Paper from Portugal:
                                                                                                     Tariff Act of 1930, as amended (‘‘the                   if the evidence demonstrates that, with
                                             Preliminary Determination of Sales at Less Than         Act’’) and 19 CFR 351.216(c)–(d), the
                                             Fair Value and Postponement of Final                    Department will only conduct a                            5 19 CFR 351.221(c)(3)(ii); see also Initiation and

                                             Determination, 80 FR 51777 (August 26, 2015)                                                                    Preliminary Results of Antidumping Duty Changed
                                             (unchanged in final results), Certain Uncoated          the paper the better the contrast between the paper     Circumstances Review: Multilayered Wood Flooring
                                             Paper from Portugal: Final Determination of Sales       and the ink. Brightness is measured using a GE          from the People’s Republic of China, 80 FR 7842
                                             at Less Than Fair Value and Final Negative              Reflectance Scale, which measures the reflection of     (Feb. 12, 2015); Certain Frozen Warmwater Shrimp
Lhorne on DSK30JT082PROD with NOTICES




                                             Determination of Critical Circumstances, 81 FR          light off a grade of paper. One is the lowest           from the Socialist Republic of Vietnam: Initiation
                                             3105 (January 20, 2016).                                reflection, or what would be given to a totally black   and Preliminary Results of Changed Circumstances
                                               3 Letter to the Secretary from Navigator,
                                                                                                     grade, and 100 is the brightest measured grade.         Review, 77 FR 4993 (February 1, 2012).
                                             regarding, ‘‘Certain Uncoated Paper from Portugal:      ‘‘Colored paper’’ as used in this scope definition        6 See, e.g., Notice of Preliminary Results of

                                             Request for Changed Circumstances Review,’’ dated       means a paper with a hue other than white that          Antidumping Duty Changed Circumstances Review:
                                             August 26, 2016 (‘‘CCR Request’’).                      reflects one of the primary colors of magenta,          Polychloroprene Rubber from Japan, 69 FR 61796,
                                               4 One of the key measurements of any grade of         yellow, and cyan (red, yellow, and blue) or a           61797 (October 21, 2004).
                                             paper is brightness. Generally speaking, the brighter   combination of such primary colors.                       7 Id.




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                                                                          Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices                                                         71705

                                             respect to the production and sale of the                Case briefs or other written comments                    DEPARTMENT OF COMMERCE
                                             subject merchandise, the new company                     may be submitted to the Assistant
                                             operates as the same business entity as                  Secretary for Enforcement and                            International Trade Administration
                                             the prior company, the Department will                   Compliance no later than 14 days after                   [C–489–830]
                                             assign the new company the cash                          the date of publication of this notice,
                                             deposit rate of its predecessor.8                        and rebuttal briefs, limited to issues                   Steel Concrete Reinforcing Bar From
                                                In its August 26, 2016 submission,                    raised in case briefs, may be submitted                  the Republic of Turkey: Initiation of
                                             Navigator provided documentation                         no later than five days after the deadline               Countervailing Duty Investigation
                                             demonstrating that Navigator is the
                                                                                                      date for case briefs.17 Pursuant to 19
                                             successor in interest to Portucel in that                                                                         AGENCY:  Enforcement and Compliance,
                                                                                                      CFR 351.309(c)(2) and (d)(2), parties                    International Trade Administration,
                                             no major changes occurred with respect
                                             to management, production process,                       who submit case briefs or rebuttal briefs                U.S. Department of Commerce.
                                             customer base, or suppliers.9                            in this proceeding are encouraged to
                                                                                                                                                               DATES: Effective October 11, 2016.
                                                According to the information                          submit with each argument: (1) A
                                                                                                      statement of the issue; (2) a brief                      FOR FURTHER INFORMATION CONTACT:
                                             provided, no material changes in
                                                                                                      summary of the argument; and (3) a                       Kaitlin M. Wojnar at (202) 482–3857,
                                             management,10 operations,11 or
                                                                                                      table of authorities.                                    AD/CVD Operations, Enforcement and
                                             ownership 12 have occurred in the
                                                                                                                                                               Compliance, International Trade
                                             businesses as a result of the name                          Pursuant to 19 CFR 351.310(c),                        Administration, U.S. Department of
                                             change from Portucel to Navigator.                       interested parties who wish to request a                 Commerce, 1401 Constitution Avenue
                                             Navigator’s General Managers, Board of                   hearing must submit a written request to                 NW., Washington, DC 20230.
                                             Directors, and shareholders have not                     the Assistant Secretary for Enforcement
                                             materially changed from Portucel’s                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                      and Compliance, U.S. Department of
                                             following its name change.13 Navigator’s                                                                          The Petition
                                                                                                      Commerce. All documents must be filed
                                             production facilities and production of
                                                                                                      electronically using ACCESS. An                             On September 20, 2016, the
                                             subject merchandise remain the same as
                                             Portucel.14 Navigator has maintained                     electronically-filed request must be                     Department of Commerce (the
                                             Portucel’s business model as a vertically                received successfully in its entirety by                 Department) received a countervailing
                                             integrated producer such that there are                  ACCESS by 5:00 p.m. Eastern Standard                     duty (CVD) petition concerning imports
                                             no material changes in its suppliers.15                  Time, within 14 days after the date of                   of steel concrete reinforcing bar (rebar)
                                             Navigator continues to export to the                     publication of this notice.18 Requests                   from the Republic of Turkey (Turkey),1
                                             same sole customer in the United States                  should contain the party’s name,                         filed in proper form, on behalf of the
                                             as Portucel, thus there are no material                  address, and telephone number, the                       Rebar Trade Action Coalition and its
                                             changes between Portucel’s and                           number of participants, and a list of the                individual members (collectively,
                                             Navigator’s customer bases.16                            issues to be discussed. If a request for                 Petitioners).2 The CVD petition was
                                                Should our final results remain the                   a hearing is made, the Department                        accompanied by antidumping duty (AD)
                                             same as these preliminary results,                       intends to hold the hearing at the U.S.                  petitions concerning imports of rebar
                                             effective the date of publication of the                 Department of Commerce, 14th Street                      from Japan, Taiwan, and the Turkey.3
                                             final results, we will instruct U.S.                     and Constitution Avenue NW.,                             Petitioners are domestic producers of
                                             Customs and Border Protection to assign                  Washington, DC 20230, at a time and                      rebar.
                                             entries of subject merchandise exported                                                                              On September 22 and 23, 2016, the
                                                                                                      date to be determined.
                                             by Navigator the antidumping duty                                                                                 Department requested additional
                                             cash-deposit rate applicable to Portucel.                   Consistent with 19 CFR 351.216(e),                    information and clarification of certain
                                                                                                      we will issue the final results of this                  aspects of the Petition.4 Petitioners
                                             Public Comment                                           changed circumstances review no later                    responded to these requests on between
                                               Interested parties are invited to                      than 270 days after the date on which                    September 27 and October 5, 2016.5
                                             comment on these preliminary results.                    this review was initiated or within 45
                                                                                                      days of publication of these preliminary                    1 See Letter from Petitioners, ‘‘Petition for the

                                               8 See,  e.g.,Certain Circular Welded Carbon Steel      results if all parties agree to our                      Imposition of Antidumping and Countervailing
                                             Pipes and Tubes from Taiwan: Initiation of                                                                        Duties: Steel Concrete Reinforcing Bar from Japan,
                                             Antidumping Duty Changed Circumstance Review,            preliminary finding.                                     Taiwan, and the Republic of Turkey,’’ September
                                             70 FR 17063, 17064 (April 4, 2005); Fresh and               We are issuing and publishing this                    20, 2016 (Petition), at Volume V.
                                             Chilled Atlantic Salmon from Norway: Final Results                                                                   2 The Rebar Trade Action Coalition includes
                                             of Changed Circumstances Administrative Review,          initiation and preliminary results notice                Bayou Steel Group, Byer Steel Group, Inc.,
                                             64 FR 9979, 9980 (March 1, 1999).                        in accordance with sections 751(b)(1)                    Commercial Metals Company, Gerdau Ameristeel
                                                9 See, generally, CCR Request.
                                                                                                      and 777(i)(1) of the Act and 19 CFR                      U.S. Inc., Nucor Corporation, and Steel Dynamics,
                                                10 Id. at Attachment 2 and 4 (showing any                                                                      Inc. Id., Volume I at 1.
                                                                                                      351.216 and 351.221(c)(3).
                                             changes in Board of Directors to be routine and                                                                      3 See Petition, Volumes II–IV.
                                             unrelated to the successor-in-interest claim).             Dated: October 7, 2016.                                   4 See Letter from the Department, ‘‘Petition for the
                                                11 Id. at Attachment 1, 6, and 7.
                                                                                                      Paul Piquado,                                            Imposition of Countervailing Duties on Imports of
                                                12 Id. at Attachment 8; see also Certain Pasta from                                                            Steel Concrete Reinforcing Bar from the Republic of
                                             Turkey: Preliminary Results of Countervailing Duty       Assistant Secretary for Enforcement and                  Turkey: Supplemental Questions,’’ September 22,
                                             Changed Circumstances Review, 74 FR 47225                Compliance.                                              2016; see also Letter from the Department,
                                             (September 15, 2009) (unchanged in final) (‘‘the                                                                  ‘‘Petitions for the Imposition of Antidumping
                                                                                                      [FR Doc. 2016–25172 Filed 10–17–16; 8:45 am]
                                             types of changes that we normally consider to be                                                                  Duties on Imports of Steel Concrete Reinforcing Bar
                                             significant {. . . does not include. . .} regular        BILLING CODE 3510–DS–P                                   from Japan, Taiwan, and the Republic of Turkey
                                             buying and selling of publicly owned shares held                                                                  and Countervailing Duties on Imports of Steel
Lhorne on DSK30JT082PROD with NOTICES




                                             by a broad array of investors’’).                                                                                 Concrete Reinforcing Bar from the Republic of
                                                13 CCR Request at 3–4 and Attachments 2, 4, 6,
                                                                                                                                                               Turkey: Supplemental Questions,’’ September 23,
                                             and 7.                                                                                                            2016 (General Issues Supplemental Questionnaire).
                                                14 Id. at Attachments 1, 6, and 7.                                                                                5 See Letter from Petitioners, ‘‘Supplement to the
                                                15 Id. at Attachment 9.                                                                                        Petition for the Imposition of Countervailing Duties
                                                16 Id. at Attachment 10 (showing Navigator’s U.S.                                                              on Steel Concrete Reinforcing Bar from the
                                                                                                        17 See   19 CFR 351.309.
                                             affiliate’s customers for fiscal year 2015 and January                                                            Republic of Turkey: Response to the Department’s
                                             through July of 2016).                                     18 See   19 CFR 351.310(c).                                                                         Continued




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Document Created: 2016-10-17 23:52:28
Document Modified: 2016-10-17 23:52:28
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 October 18, 2016.
ContactCarrie Bethea, 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- 1491.
FR Citation81 FR 71703 

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