82 FR 18896 - Supercalendered Paper From Canada: Final Results of Countervailing Duty Expedited Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 77 (April 24, 2017)
International Trade Administration
Federal Register Volume 82, Issue 77 (April 24, 2017)
| Page Range | 18896-18898 | |
| FR Document | 2017-08211 |
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)] [Notices] [Pages 18896-18898] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08211] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-122-854] Supercalendered Paper From Canada: Final Results of Countervailing Duty Expedited Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has conducted an expedited review of the countervailing duty (CVD) order on supercalendered paper (SC paper) from Canada. The period of review (POR) for which we are measuring subsidies is January 1, 2014, through December 31, 2014. We determine that Irving Paper Limited received countervailable subsidies during the POR and that Catalyst received de minimis countervailable subsidies. As a result of this determination, we are excluding Catalyst from the countervailing duty order on SC paper from Canada. DATES: Effective April 24, 2017. FOR FURTHER INFORMATION CONTACT: Toby Vandall or Peter Zukowski, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1664 and (202) 482- 0189, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Results of the expedited review on November 28, 2016.\1\ A summary of the events that occurred since the Department published the Preliminary Results, as well as a full [[Page 18897]] discussion of the issues raised by parties for the final results, may be found in the Issues and Decision Memorandum \2\ issued concurrently with, and hereby adopted by, this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. --------------------------------------------------------------------------- \1\ See Supercalendered Paper From Canada: Preliminary Results of Countervailing Duty Expedited Review, 81 FR 85520 (November 28, 2016) (Preliminary Results). \2\ See Department Memorandum, ``Issues and Decision Memorandum for the Final Results of Expedited Review of the Countervailing Duty Order on Supercalendered Paper from Canada'' (dated concurrently with this notice). --------------------------------------------------------------------------- Scope of the Order The product covered by this order is SC paper from Canada. A full description of the scope of the order is contained in the Issues and Decision Memorandum.\3\ --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- Methodology The Department has conducted this CVD expedited review in accordance with 19 CFR 351.214(k). For a full description of the methodology underlying our conclusions, see the Issues and Decision Memorandum. The subsidy programs under review, and the issues raised in the case and rebuttal briefs submitted by the parties, are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at the Appendix. Based on our review and analysis of the comments received from parties, we made certain changes to Catalyst's and Irving's subsidy rate calculations since the Preliminary Results. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Calculation Memoranda.\4\ --------------------------------------------------------------------------- \4\ Id; see also Department Memorandum, ``Final Results Calculations for Catalyst Paper'' (April 17, 2017); see also Department Memorandum, ``Final Results Calculations for Irving Paper Limited'' (April 17, 2017). --------------------------------------------------------------------------- We calculated a CVD rate for each producer/exporter of the subject merchandise that requested an expedited review. Final Results of the Expedited Review As a result of this expedited review, we determine the countervailable subsidy rates to be: ------------------------------------------------------------------------ Company Subsidy rate ------------------------------------------------------------------------ Catalyst Paper Corporation (Catalyst)..... 0.94 percent (de minimis). Irving Paper Limited (Irving)............. 5.87 percent. ------------------------------------------------------------------------ Cash Deposit Instructions Pursuant to section 19 CFR 351.214(k)(3)(iii), the final results of this expedited review will not be the basis for the assessment of countervailing duties. Upon the issuance of these final results, the Department will instruct Customs and Border Protection (CBP) to collect cash deposits of estimated countervailing duties for the companies subject to this expedited review, at the rates shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this expedited review. These cash deposit requirements, when imposed, shall remain in effect until further notice. Pursuant to 19 CFR 351.214(k)(3)(iv), because we have determined a countervailable subsidy rate for Catalyst that is de minimis, with these final results of expedited review, we determine to exclude Catalyst from the countervailing duty order. The Department's practice with respect to exclusions of companies from a countervailing duty order is to exclude the subject merchandise both produced and exported by those companies.\5\ As a result, we will instruct CBP to discontinue the suspension of liquidation and the collection of cash deposits of estimated countervailing duties on all shipments of SC paper produced and exported by Catalyst, entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results. In addition, we will instruct CBP to liquidate, without regard to countervailing duties, all suspended entries of shipments of SC paper produced and exported by Catalyst, and to refund all cash deposits of estimated countervailing duties collected on all such shipments. Merchandise which Catalyst exports but does not produce, as well as merchandise Catalyst produces but is exported by another company, remains subject to the countervailing duty order. --------------------------------------------------------------------------- \5\ See, e.g. Certain Corrosion-Resistant Steel Products from India, Italy, Republic of Korea and the People's Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, 2016). --------------------------------------------------------------------------- Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This determination is issued and published in accordance with 19 CFR 351.214(k). Dated: April 17, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation V. Analysis of Programs VI. Analysis of Comments Comment 1: The Correct de minimis Rate in an Expedited Review Comment 2: Whether To Exclude or Revoke Catalyst from the Order Comment 3: Whether the Powell River City Revitalization Area Tax Exemption Program Provided a Financial Contribution to Catalyst Comment 4: Whether To Recognize the Change in Catalyst's Property Values in Calculating the Benefit of the Powell River City Revitalization Area Tax Exemption Program Comment 5: Whether To Use 2007-2009 or 2009 Alone To Measure the Benefit for the Powell River City Revitalization Area Tax Exemption Program Comment 6: Whether To Consider Catalyst's Former Properties as an Offset to the Benefit of the Powell River City Revitalization Area Tax Exemption Program Comment 7: Whether To Consider Catalyst's One-Third Interest in the PRSC Limited Partnership in the Benefit Calculation of the Powell River City Revitalization Area Tax Exemption Program Comment 8: Whether BC Hydro's Power Smart Industrial Energy Manager Program Is De Jure or De Facto Specific Comment 9: Whether the Thermo-Mechanical Pulp (TMP) Subprogram of the BC Hydro Power Smart Program Is a Recurring Program Comment 10: Whether the Department Should Revise its Nonrecurring Subsidy Benefit Calculation of the BC Hydro Power Smart TMP Subprogram [[Page 18898]] Comment 11: Whether the British Columbia (BC) Ban on Exports of Logs and Wood Residue Is a Countervailable Subsidy Comment 12: Whether the BC Ban on Exports of Logs and Wood Residue Provides a Financial Contribution Comment 13: Whether the Department Should Use Tier 1 Benchmarks in BC Comment 14: Whether the Department Failed To Apply Its Own Evidentiary Standards on the BC Ban on Exports of Logs and Wood Residue Comment 15: Whether the Department Needs To Conduct a Feedback Effect Analysis Comment 16: Whether the Department Should Use a Transaction-By- Transaction Calculation Methodology for the BC Ban on Exports of Logs and Wood Residue Comment 17: Whether the Department Should Revise the Transportation Cost for Logs Purchased in BC by Catalyst Comment 18: Whether the Department Selected the Appropriate Log Benchmarks Comment 19: Whether the Wood Chip Benchmark Dataset Is Distortive Comment 20: Whether the Department Should Revise the Wood Chip Benchmark Transportation Cost Comment 21: Whether the Department Should Revise the Transportation Cost Applied to Catalyst's Purchases of Wood Chips in BC Comment 22: Whether the Department Should Adjust the Sawdust and Hog Fuel Calculations Based Upon Changes to the Wood Chip Benchmark Comment 23: Whether the Government of New Brunswick Provided Stumpage to Irving for LTAR Comment 24: Whether the Department Should Grant an Adjustment to New Brunswick (NB) Stumpage Rates Comment 25: Whether the Department Should Use a Transaction-By- Transaction Calculation Methodology for NB Stumpage Comment 26: Whether the Department Should Zero Comparisons That Generate Negative Benefits Comment 27: Whether the Large Industrial Renewable Energy Purchase Program (LIREPP) Confers a Benefit on the Irving Companies Comment 28: The Workforce Expansion Program Is Not Specific Comment 29: The New Brunswick R&D Tax Credit Is Not Specific Comment 30: Whether the Benefit to JDIL From the Federal Pulp and Paper Green Transformation Program (FPPGTP) Is Countervailable Comment 31: Whether the GNB's Reimbursement of Silviculture and License Management Expenses Is Countervailable Comment 32: Whether the Accelerated Capital Cost Allowance (ACCA) for Class 29 Assets Is Specific and Whether It Is a Tax Credit Comment 33: Whether the Benefit Calculation for the Atlantic Investment Tax Credit (AITC) Must Be Adjusted for the Additional Taxes That Were Paid as a Result of the Program Comment 34: Sales Denominators for Benfefits Received by Cross- Owned Input Suppliers Must Include All Sales of the Downstream Product VII. Recommendation [FR Doc. 2017-08211 Filed 4-21-17; 8:45 am] BILLING CODE 3510-DS-P
![18896 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices
Act and 19 CFR 351.218(e)(1)(ii)(C)(2), by this notice, provides a full APO is a violation which is subject to
the Department conducted expedited description of the scope of the Orders.5 sanction.
(120-day) sunset reviews of the AD Notification to Interested Parties
Analysis of Comments Received
Orders on CTL plate from India,
Indonesia, and Korea. A complete discussion of all issues We are issuing and publishing the
raised in these reviews is provided in results of the reviews and this notice in
Scope of the Orders the accompanying Issues and Decision accordance with sections 751(c), 752(c),
Memorandum. The issues discussed in and 777(i)(1) of the Act and 19 CFR
The products covered under the the Issues and Decision Memorandum 351.218(f)(4).
Orders are certain hot-rolled carbon- include the likelihood of continuation
quality steel: (1) Universal mill plates Dated: March 31, 2017.
or recurrence of dumping and the Ronald K. Lorentzen,
(i.e., flat-rolled products rolled on four magnitude of the margin of dumping
faces or in a closed box pass, of a width Acting Assistant Secretary for Enforcement
that is likely to prevail if the Orders and Compliance.
exceeding 150 mm but not exceeding were revoked. The Issues and Decision
1250 mm, and of a nominal or actual [FR Doc. 2017–08174 Filed 4–21–17; 8:45 am]
Memorandum is a public document and
thickness of not less than 4 mm, which is on file electronically via Enforcement BILLING CODE 3510–DS–P
are cut-to-length (not in coils) and and Compliance’s Antidumping and
without patterns in relief), of iron or Countervailing Duty Centralized
non-alloy-quality steel; and (2) flat- DEPARTMENT OF COMMERCE
Electronic Service System (ACCESS).
rolled products, hot-rolled, of a nominal ACCESS is available to registered users International Trade Administration
or actual thickness of 4.75 mm or more at http://access.trade.gov and to all
and of a width which exceeds 150 mm parties in the Central Records Unit, [C–122–854]
and measures at least twice the Room B8024 of the main Department of
thickness, and which are cut-to-length Supercalendered Paper From Canada:
Commerce building. In addition, a Final Results of Countervailing Duty
(not in coils). Steel products to be complete version of the Issues and
included in the scope of the Orders are Expedited Review
Decision Memorandum can be accessed
of rectangular, square, circular or other at http://enforcement.trade.gov/frn/. AGENCY: Enforcement and Compliance,
shape and of rectangular or non- The signed Issues and Decision International Trade Administration,
rectangular cross-section where such Memorandum and the electronic Department of Commerce.
non-rectangular cross-section is version of the Issues and Decision SUMMARY: The Department of Commerce
achieved subsequent to the rolling Memorandum are identical in content. (the Department) has conducted an
process (i.e., products which have been expedited review of the countervailing
‘‘worked after rolling’’)—for example, Final Results of Reviews duty (CVD) order on supercalendered
products which have been beveled or Pursuant to sections 751(c)(1) and paper (SC paper) from Canada. The
rounded at the edges. Steel products 752(c)(1) and (3) of the Act, the period of review (POR) for which we are
that meet the noted physical Department determines that revocation measuring subsidies is January 1, 2014,
characteristics that are painted, of the AD Orders on CTL plate from through December 31, 2014. We
varnished or coated with plastic or other India, Indonesia, and Korea would be determine that Irving Paper Limited
non-metallic substances are included likely to lead to continuation or received countervailable subsidies
within the scope. Also, specifically recurrence of dumping, and that the during the POR and that Catalyst
included in the scope of the Orders are magnitude of the margin of dumping received de minimis countervailable
high strength, low alloy (HSLA) steels. that is likely to prevail would be at rates subsidies. As a result of this
HSLA steels are recognized as steels up to 42.39 percent for India, up to determination, we are excluding
with micro-alloying levels of elements 52.42 percentage for Indonesia, and up Catalyst from the countervailing duty
such as chromium, copper, niobium, to 4.64 percent for Korea. order on SC paper from Canada.
titanium, vanadium, and molybdenum. DATES: Effective April 24, 2017.
Administrative Protective Orders
The merchandise subject to the FOR FURTHER INFORMATION CONTACT:
Orders is currently classifiable in the This notice serves as the only
Toby Vandall or Peter Zukowski, AD/
HTSUS under subheadings: reminder to parties subject to
CVD Operations, Office I, Enforcement
7208.40.3030, 7208.40.3060, administrative protective orders (APO)
and Compliance, International Trade
7208.51.0030, 7208.51.0045, of their responsibility concerning the
Administration, U.S. Department of
7208.51.0060, 7208.52.0000, return or destruction of proprietary
Commerce, 1401 Constitution Avenue
7208.53.0000, 7208.90.0000, information disclosed under APO in
NW., Washington, DC 20230; telephone:
7210.70.3000, 7210.90.9000, accordance with 19 CFR 351.305(a).
(202) 482–1664 and (202) 482–0189,
7211.13.0000, 7211.14.0030, Timely written notification of the return
respectively.
7211.14.0045, 7211.90.0000, or destruction of APO materials or
conversion to judicial protective orders SUPPLEMENTARY INFORMATION:
7212.40.1000, 7212.40.5000,
7212.50.0000, 7225.40.3050, is hereby requested. Failure to comply Background
7225.40.7000, 7225.50.6000, with the regulations and terms of an
The Department published the
7225.99.0090, 7226.91.5000, 5 See the Department’s memorandum from Gary Preliminary Results of the expedited
7226.91.7000, 7226.91.8000, Taverman, Associate Deputy Assistant Secretary for review on November 28, 2016.1 A
jstallworth on DSK7TPTVN1PROD with NOTICES
7226.99.0000. Although the HTSUS Antidumping and Countervailing Duty Operations, summary of the events that occurred
subheadings are provided for to Ronald K. Lorentzen, Acting Assistant Secretary since the Department published the
convenience and customs purposes, the for Enforcement and Compliance, ‘‘Issues and
Decision Memorandum for the Expedited Third Preliminary Results, as well as a full
written description of the merchandise Sunset Reviews of the Antidumping Duty Orders on
covered by the Orders is dispositive. Certain Cut-to-Length Carbon-Quality Steel Plate 1 See Supercalendered Paper From Canada:
from India, Indonesia, and the Republic of Korea,’’ Preliminary Results of Countervailing Duty
The Issues and Decision dated concurrently with this notice (Issues and Expedited Review, 81 FR 85520 (November 28,
Memorandum, which is hereby adopted Decision Memorandum). 2016) (Preliminary Results).
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![18898 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices
Comment 11: Whether the British the Additional Taxes That Were Paid as profit organizations; not-for-profit
Columbia (BC) Ban on Exports of Logs a Result of the Program institutions; Federal government; and
and Wood Residue Is a Countervailable Comment 34: Sales Denominators for State, Local, or Tribal government.
Subsidy Benfefits Received by Cross-Owned
Frequency: On occasion.
Comment 12: Whether the BC Ban on Input Suppliers Must Include All Sales
Exports of Logs and Wood Residue of the Downstream Product Respondent’s Obligation: Voluntary.
Provides a Financial Contribution VII. Recommendation This information collection request
Comment 13: Whether the Department may be viewed at reginfo.gov. Follow
[FR Doc. 2017–08211 Filed 4–21–17; 8:45 am]
Should Use Tier 1 Benchmarks in BC the instructions to view Department of
Comment 14: Whether the Department BILLING CODE 3510–DS–P Commerce collections currently under
Failed To Apply Its Own Evidentiary review by OMB.
Standards on the BC Ban on Exports of Written comments and
Logs and Wood Residue DEPARTMENT OF COMMERCE
recommendations for the proposed
Comment 15: Whether the Department
Needs To Conduct a Feedback Effect National Oceanic and Atmospheric information collection should be sent
Analysis Administration within 30 days of publication of this
Comment 16: Whether the Department notice to OIRA_Submission@
Should Use a Transaction-By- Submission for OMB Review; omb.eop.gov or fax to (202) 395–5806.
Transaction Calculation Methodology for Comment Request Dated: April 18, 2017.
the BC Ban on Exports of Logs and Wood
Residue The Department of Commerce will Sarah Brabson,
Comment 17: Whether the Department submit to the Office of Management and NOAA PRA Clearance Officer.
Should Revise the Transportation Cost Budget (OMB) for clearance the [FR Doc. 2017–08158 Filed 4–21–17; 8:45 am]
for Logs Purchased in BC by Catalyst following proposal for collection of BILLING CODE 3510–22–P
Comment 18: Whether the Department information under the provisions of the
Selected the Appropriate Log
Benchmarks
Paperwork Reduction Act (44 U.S.C.
Comment 19: Whether the Wood Chip chapter 35).
Agency: National Oceanic and COMMODITY FUTURES TRADING
Benchmark Dataset Is Distortive COMMISSION
Comment 20: Whether the Department Atmospheric Administration (NOAA).
Should Revise the Wood Chip Title: Atlantic Highly Migratory
Fees for Reviews of the Rule
Benchmark Transportation Cost Species Voluntary Release Reports.
Enforcement Programs of Designated
Comment 21: Whether the Department OMB Control Number: 0648–0628.
Should Revise the Transportation Cost Form Number(s): None. Contract Markets and Registered
Applied to Catalyst’s Purchases of Wood Type of Request: Regular (extension of Futures Associations
Chips in BC a currently approved information
Comment 22: Whether the Department
AGENCY: Commodity Futures Trading
collection). Commission.
Should Adjust the Sawdust and Hog
Number of Respondents: 7.
Fuel Calculations Based Upon Changes ACTION: Notice of 2016 schedule of fees.
to the Wood Chip Benchmark
Average Hours per Response: 5
Comment 23: Whether the Government of minutes. SUMMARY: The Commodity Futures
New Brunswick Provided Stumpage to Burden Hours: 1 hour (rounded up). Trading Commission (‘‘CFTC’’ or
Irving for LTAR Needs and Uses: This request is for an ‘‘Commission’’) charges fees to
Comment 24: Whether the Department extension of a currently approved designated contract markets and
Should Grant an Adjustment to New information collection. registered futures associations to recover
Brunswick (NB) Stumpage Rates Under the Magnuson-Stevens Fishery the costs incurred by the Commission in
Comment 25: Whether the Department Conservation and Management Act
Should Use a Transaction-By- the operation of its program of oversight
(MSFMCA, 16 U.S.C. 1801 et seq.) the of self-regulatory organization rule
Transaction Calculation Methodology for National Marine Fisheries Service
NB Stumpage enforcement programs, specifically
(NMFS) is to ensure that conservation National Futures Association (‘‘NFA’’), a
Comment 26: Whether the Department
Should Zero Comparisons That Generate and management measures promote, to registered futures association, and the
Negative Benefits the extent practicable, implementation designated contract markets. The
Comment 27: Whether the Large Industrial of scientific research programs that calculation of the fee amounts charged
Renewable Energy Purchase Program include the tagging and releasing of for 2016 by this notice is based upon an
(LIREPP) Confers a Benefit on the Irving Atlantic highly migratory species average of actual program costs incurred
Companies (HMS). The currently approved
Comment 28: The Workforce Expansion during fiscal year (‘‘FY’’) 2013, FY 2014,
information collection allows the public and FY 2015.
Program Is Not Specific to submit volunteered geographic and
Comment 29: The New Brunswick R&D DATES: Effective: Each self-regulatory
biological information relating to HMS
Tax Credit Is Not Specific organization is required to remit
Comment 30: Whether the Benefit to JDIL releases in order to populate an
interactive Web site mapping tool. This electronically the applicable fee on or
From the Federal Pulp and Paper Green before June 23, 2017.
Transformation Program (FPPGTP) Is Web page attracts visitors who are
Countervailable interested in Atlantic HMS and contains FOR FURTHER INFORMATION CONTACT:
Comment 31: Whether the GNB’s information and links to promote HMS Mary Jean Buhler, Chief Financial
Reimbursement of Silviculture and tagging programs that the general public Officer, Commodity Futures Trading
License Management Expenses Is can support or become involved with. Commission; (202) 418–5089; Three
jstallworth on DSK7TPTVN1PROD with NOTICES
Countervailable All submissions are voluntary. Lafayette Centre, 1155 21st Street NW.,
Comment 32: Whether the Accelerated Washington, DC 20581. For information
Information is used to raise awareness
Capital Cost Allowance (ACCA) for Class on electronic payment, contact Jennifer
29 Assets Is Specific and Whether It Is for releasing Atlantic HMS and HMS
tagging programs, and is not used as Fleming; (202) 418–5034; Three
a Tax Credit
Comment 33: Whether the Benefit representative results. Lafayette Centre, 1155 21st Street NW.,
Calculation for the Atlantic Investment Affected Public: Individuals or Washington, DC 20581.
Tax Credit (AITC) Must Be Adjusted for households; businesses or other for- SUPPLEMENTARY INFORMATION:
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Document Created: 2017-04-22 00:11:13
Document Modified: 2017-04-22 00:11:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective April 24, 2017. | |
| Contact | Toby Vandall or Peter Zukowski, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1664 and (202) 482- 0189, respectively. | |
| FR Citation | 82 FR 18896 |
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