82 FR 26778 - Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 110 (June 9, 2017)
International Trade Administration
Federal Register Volume 82, Issue 110 (June 9, 2017)
| Page Range | 26778-26779 | |
| FR Document | 2017-12001 |
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)] [Notices] [Pages 26778-26779] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12001] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-602-807, A-351-842, A-570-022, C-570-023, A-560-828, C-560-829, A- 471-807] Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective June 9, 2017. SUMMARY: The Department of Commerce (Department) preliminarily determines that imports of uncoated paper with a GE brightness of 83 +/ -1% (83 Bright paper), otherwise meeting the description of in-scope merchandise, from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal constitute merchandise ``altered in form or appearance in minor respects'' from in-scope merchandise that should be considered subject to the antidumping (AD) and countervailing duty (CVD) Orders on certain uncoated paper (uncoated paper).\1\ --------------------------------------------------------------------------- \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; 81 FR 11174 (March 3, 2016) and Certain Uncoated Paper from Indonesia and the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order (Indonesia) and Countervailing Duty Order (People's Republic of China); 81 FR 11187, (March 3, 2016) (collectively, the Orders). FOR FURTHER INFORMATION CONTACT: William Miller at (202) 482-3906, AD/ CVD Operations, Enforcement and Compliance, U.S. Department of --------------------------------------------------------------------------- Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Scope of the Orders The merchandise covered by the orders is uncoated paper. Uncoated paper subject to the orders is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 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, [[Page 26779]] 4811.90.8050 and 4811.90.9080. The HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the Orders is dispositive.\2\ --------------------------------------------------------------------------- \2\ A full description of the scope of the Orders is contained in the memorandum, ``Preliminary Decision Memorandum for the Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders on Certain Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Anti-Circumvention Inquiry The merchandise subject to this anti-circumvention inquiry consists of 83 Bright paper with a GE brightness of 83 +/-1%, and otherwise meeting the description of the scope of the Orders. On August 1, 2016, the petitioners clarified that, consistent with 19 CFR 351.225(m), they intended for the Department to conduct a single anti-circumvention inquiry and issue a single ruling applicable to each of the Orders. Therefore, in accordance with 19 CFR 351.225(m), we find it appropriate to apply the results of this inquiry to each of the Orders.\3\ --------------------------------------------------------------------------- \3\ See Certain Uncoated Paper from Australia, Brazil, Indonesia, the People's Republic of China, and Portugal: Initiation of Anti-Circumvention Inquiry; 81 FR 78117 (November 7, 2016). --------------------------------------------------------------------------- Methodology The Department has made this affirmative preliminary anti- circumvention determination in accordance with section 781(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(i). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered user at https://access.trade.gov and is available to all parties in the Central Records Unit, room B-8024 of the main Department of Commerce building. In addition, a complete public version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Determination As detailed in the Preliminary Decision Memorandum, we preliminarily determine, pursuant to section 781(c) of the Act and 19 CFR 351.225(i), that imports of 83 Bright paper, otherwise meeting the description of in-scope merchandise, constitute merchandise ``altered in form or appearance in minor respects'' from in-scope merchandise that should be considered subject to the Orders. Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of 83 Bright Paper entered, or withdrawn from warehouse, for consumption on or after November 7, 2016, the date of publication of the initiation of this inquiry. We will also instruct CBP to require a cash deposit of estimated duties at the applicable rates for each unliquidated entry of the product entered, or withdrawn from warehouse, for consumption on or after November 7, 2016, in accordance with 19 CFR 351.225(l)(2). Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 15 days after the date of issue of this notice. Pursuant to 19 CFR 351.309(d), rebuttal briefs, limited to issues raised in the case briefs, may be filed not late than five days after the date for filing case briefs. 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time within 15 days after the date of issue of this notice. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Final Determination Pursuant to section 781(f) of the Act, we intend to issue the final determination with respect to this anti-circumvention inquiry, including the results of the Department's analysis of any written comments, no later than August 28, 2017. This preliminary determination of circumvention is in accordance with section 781(c) of the Act and 19 CFR 351.225. Dated: June 2, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-12001 Filed 6-8-17; 8:45 am] BILLING CODE 3510-DS-P
![26778 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices
On March 31, 2017, Tamma submitted Instructions to U.S. Customs and DEPARTMENT OF COMMERCE
comments regarding the Preliminary Border Protection
Results.9 On April 17, 2017, the International Trade Administration
petitioners submitted their rebuttal As a result of this determination, the
[A–602–807, A–351–842, A–570–022, C–570–
brief.10 Department will instruct U.S. Customs 023, A–560–828, C–560–829, A–471–807]
and Border Protection to collect
Scope of the Order estimated antidumping duties for all Certain Uncoated Paper From
Imports covered by the order are shipments of subject merchandise Australia, Brazil, the People’s Republic
shipments of certain non-egg dry pasta. produced and/or exported by Tamma of China, Indonesia, and Portugal:
The merchandise subject to review is and entered, or withdrawn from Affirmative Preliminary Determination
currently classifiable under items warehouse, for consumption on or after of Circumvention of the Antidumping
1901.90.90.95 and 1902.19.20 of the the publication date of this notice in the and Countervailing Duty Orders
Harmonized Tariff Schedule of the Federal Register at the 15.45 percent AGENCY: Enforcement and Compliance,
United States (HTSUS). Although the all-others rate established in the International Trade Administration,
HTSUS subheadings are provided for antidumping duty investigation, as Department of Commerce.
convenience and customs purposes, the modified by the section 129
written description of the merchandise DATES: Effective June 9, 2017.
determination.13 This cash deposit SUMMARY: The Department of Commerce
subject to the order is dispositive.11 requirement shall remain in effect until (Department) preliminarily determines
Analysis of Comments Received further notice. that imports of uncoated paper with a
All issues raised in the case and GE brightness of 83 +/¥1% (83 Bright
Notification to Interested Parties
rebuttal briefs by parties to this changed paper), otherwise meeting the
circumstances review are addressed in This notice serves as a reminder to description of in-scope merchandise,
the Issues and Decision Memorandum, parties subject to administrative from Australia, Brazil, the People’s
which is hereby adopted by this notice. protective orders (APOs) of their Republic of China, Indonesia, and
A list of the issues which parties have responsibility concerning the Portugal constitute merchandise
raised, and to which we have responded disposition of proprietary information ‘‘altered in form or appearance in minor
in the Issues and Decision respects’’ from in-scope merchandise
disclosed under APO in accordance
Memorandum, is attached to this notice that should be considered subject to the
with 19 CFR 351.306. Timely written
as an Appendix. The Issues and antidumping (AD) and countervailing
notification of the destruction of APO
Decision Memorandum is a public duty (CVD) Orders on certain uncoated
materials or conversion to judicial paper (uncoated paper).1
document and is on file electronically protective order is hereby requested.
via Enforcement and Compliance’s FOR FURTHER INFORMATION CONTACT:
Failure to comply with the regulations
Antidumping and Countervailing Duty William Miller at (202) 482–3906, AD/
and terms of an APO is a sanctionable CVD Operations, Enforcement and
Centralized Electronic Service System violation.
(ACCESS). ACCESS is available to Compliance, U.S. Department of
registered users at https:// We are issuing and publishing this Commerce, 1401 Constitution Avenue
access.trade.gov, and it is available to final results notice in accordance with NW., Washington, DC 20230.
all parties in the Central Records Unit, sections 751(b) and 777(i) of the Act, SUPPLEMENTARY INFORMATION:
room B8024, of the main Department of and 19 CFR 351.216 and 351.221(c)(3).
Scope of the Orders
Commerce building. In addition, a Dated: June 1, 2017.
complete version of the Issues and The merchandise covered by the
Ronald K. Lorentzen, orders is uncoated paper. Uncoated
Decision Memorandum can be accessed
Acting Assistant Secretary for Enforcement paper subject to the orders is currently
directly on the internet at http://
and Compliance. classifiable in the Harmonized Tariff
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and Schedule of the United States (HTSUS)
Appendix at subheadings 4802.56.1000,
the electronic version of the Issues and
Decision Memorandum are identical in I. Summary 4802.56.2000, 4802.56.3000,
content. II. Background 4802.56.4000, 4802.56.6000,
III. Scope of the Order 4802.56.7020, 4802.56.7040,
Final Results of Changed IV. Discussion of Interested Party Comments 4802.57.1000, 4802.57.2000,
Circumstances Review Comment: Whether a Successor-in-Interest 4802.57.3000, and 4802.57.4000. Some
Based on the record evidence and our CCR Analysis Should Be Based on an imports of subject merchandise may
analysis of the comments received, the Event/Events or on the Totality of the also be classified under 4802.62.1000,
Department continues to find that Circumstances on the Record 4802.62.2000, 4802.62.3000,
Tamma is not the successor-in-interest V. Recommendation 4802.62.5000, 4802.62.6020,
to TIAC pursuant to section 751(b) of [FR Doc. 2017–11995 Filed 6–8–17; 8:45 am] 4802.62.6040, 4802.69.1000,
the Tariff Act of 1930, as amended (the BILLING CODE 3510–DS–P
4802.69.2000, 4802.69.3000,
Act) and 19 CFR 351.216.12
1 See Certain Uncoated Paper from Australia,
9 See
Brazil, Indonesia, the People’s Republic of China,
Tamma’s Case Brief, entitled ‘‘Certain Pasta and Portugal: Amended Final Affirmative
mstockstill on DSK30JT082PROD with NOTICES
from Italy: Changed Circumstances Review Case Antidumping Determinations for Brazil and
Brief of Francesco Tamma S.p.A.,’’ dated March 31, Indonesia and Antidumping Duty Orders; 81 FR
2017. 11174 (March 3, 2016) and Certain Uncoated Paper
10 See Petitioners’ Rebuttal Brief, entitled
from Indonesia and the People’s Republic of China:
‘‘Certain Pasta from Italy: Petitioners’ Rebuttal Brief Amended Final Affirmative Countervailing Duty
for Francesco Tamma S.p.A.’’, dated April 17, 2017. Determination and Countervailing Duty Order
11 For a full description of the scope of the order,
(Indonesia) and Countervailing Duty Order
see Issues and Decision Memorandum. 13 See Pasta Section 129 Implementation
(People’s Republic of China); 81 FR 11187, (March
12 See Issues and Decision Memorandum. Determination, 72 FR at 25263. 3, 2016) (collectively, the Orders).
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![Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices 26779
4811.90.8050 and 4811.90.9080. The section 781(c) of the Act and 19 CFR This preliminary determination of
HTSUS subheadings are provided for 351.225(i), that imports of 83 Bright circumvention is in accordance with
convenience and customs purposes; the paper, otherwise meeting the section 781(c) of the Act and 19 CFR
written description of the scope of the description of in-scope merchandise, 351.225.
Orders is dispositive.2 constitute merchandise ‘‘altered in form Dated: June 2, 2017.
or appearance in minor respects’’ from
Scope of the Anti-Circumvention Ronald K. Lorentzen,
in-scope merchandise that should be
Inquiry Acting Assistant Secretary for Enforcement
considered subject to the Orders.
The merchandise subject to this anti- and Compliance.
circumvention inquiry consists of 83 Suspension of Liquidation [FR Doc. 2017–12001 Filed 6–8–17; 8:45 am]
Bright paper with a GE brightness of 83 In accordance with 19 CFR BILLING CODE 3510–DS–P
+/¥1%, and otherwise meeting the 351.225(l)(2), we are directing U.S.
description of the scope of the Orders. Customs and Border Protection (CBP) to
On August 1, 2016, the petitioners suspend liquidation of entries of 83 DEPARTMENT OF COMMERCE
clarified that, consistent with 19 CFR Bright Paper entered, or withdrawn
351.225(m), they intended for the from warehouse, for consumption on or National Institute of Standards and
Department to conduct a single anti- after November 7, 2016, the date of Technology
circumvention inquiry and issue a publication of the initiation of this National Advisory Committee on
single ruling applicable to each of the inquiry. We will also instruct CBP to Windstorm Impact Reduction Meeting
Orders. Therefore, in accordance with require a cash deposit of estimated
19 CFR 351.225(m), we find it duties at the applicable rates for each AGENCY: National Institute of Standards
appropriate to apply the results of this unliquidated entry of the product and Technology, Department of
inquiry to each of the Orders.3 entered, or withdrawn from warehouse, Commerce.
Methodology for consumption on or after November ACTION: Notice of open meeting.
7, 2016, in accordance with 19 CFR
The Department has made this 351.225(l)(2). SUMMARY: The National Advisory
affirmative preliminary anti- Committee on Windstorm Impact
circumvention determination in Public Comment
Reduction (NACWIR or Committee),
accordance with section 781(c) of the Pursuant to 19 CFR 351.309(c), will meet on Tuesday, June 27, and
Tariff Act of 1930, as amended (the Act), interested parties may submit case briefs Wednesday, June 28, 2017, from 9:00
and 19 CFR 351.225(i). For a full not later than 15 days after the date of a.m. to 5:00 p.m. Eastern Time. The
description of the methodology issue of this notice. Pursuant to 19 CFR primary purpose of the meeting will be
underlying our conclusions, see the 351.309(d), rebuttal briefs, limited to to assess and develop recommendations
Preliminary Decision Memorandum. issues raised in the case briefs, may be on (1) the priorities of the Draft Strategic
The Preliminary Decision filed not late than five days after the Plan for the National Windstorm Impact
Memorandum is on file electronically date for filing case briefs. Parties who Reduction Program (NWIRP), and (2)
via Enforcement and Compliance’s submit case briefs or rebuttal briefs in trends and developments in the natural,
Antidumping and Countervailing Duty this proceeding are encouraged to engineering, and social sciences and
Centralized Electronic Service System submit with each argument: (1) A practices of windstorm impact
(ACCESS). ACCESS is available to statement of the issue; (2) a brief mitigation. The final agenda and any
registered user at https:// summary of the argument; and (3) a meeting materials will be posted on the
access.trade.gov and is available to all table of authorities. NWIRP Web site at https://
parties in the Central Records Unit, Pursuant to 19 CFR 351.310(c), www.nist.gov/el/materials-and-
room B–8024 of the main Department of interested parties who wish to request a
Commerce building. In addition, a structural-systems-division-73100/
hearing, or to participate if one is national-windstorm-impact-reduction-
complete public version of the requested, must submit a written
Preliminary Decision Memorandum can program-1.
request to the Assistant Secretary for
be accessed directly at http:// DATES: The NACWIR will meet on
Enforcement and Compliance, filed
enforcement.trade.gov/frn/index.html. electronically via ACCESS. An Tuesday, June 27, and Wednesday, June
The signed and electronic versions of electronically filed document must be 28, 2017, from 9:00 a.m. until 5:00 p.m.
the Preliminary Decision Memorandum received successfully in its entirety by Eastern Time. The meeting will be open
are identical in content. ACCESS, by 5 p.m. Eastern Time within to the public.
Preliminary Determination 15 days after the date of issue of this ADDRESSES: The meeting will be held in
notice. Requests should contain: (1) The Building 215, Rm. C103 at the National
As detailed in the Preliminary Institute of Standards and Technology.
party’s name, address, and telephone
Decision Memorandum, we The address is 100 Bureau Dr.,
number; (2) the number of participants;
preliminarily determine, pursuant to Gaithersburg, MD 20899–1070.
and (3) a list of issues to be discussed.
2 A full description of the scope of the Orders is Issues raised in the hearing will be Questions regarding the meeting should
contained in the memorandum, ‘‘Preliminary limited to those raised in the respective be sent to the National Windstorm
Decision Memorandum for the Affirmative case briefs. Impact Reduction Program Director,
Preliminary Determination of Circumvention of the National Institute of Standards and
Antidumping and Countervailing Duty Orders on Final Determination Technology (NIST), 100 Bureau Drive,
mstockstill on DSK30JT082PROD with NOTICES
Certain Uncoated Paper from Australia, Brazil, the
People’s Republic of China, Indonesia, and Pursuant to section 781(f) of the Act, Mail Stop 8611, Gaithersburg, Maryland
Portugal,’’ dated concurrently with, and hereby we intend to issue the final 20899. Anyone wishing to participate
adopted by, this notice (Preliminary Decision determination with respect to this anti- must register by 5:00 p.m. Eastern Time,
Memorandum). circumvention inquiry, including the Tuesday, June 20, 2017. For instructions
3 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
results of the Department’s analysis of on how to participate in the meeting,
and Portugal: Initiation of Anti-Circumvention any written comments, no later than please see the SUPPLEMENTARY
Inquiry; 81 FR 78117 (November 7, 2016). August 28, 2017. INFORMATION section of this notice.
VerDate Sep<11>2014 19:25 Jun 08, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\09JNN1.SGM 09JNN1](https://thefederalregister.org/doc/82_FR_26888/page/2.svg)
Document Created: 2017-06-09 01:11:51
Document Modified: 2017-06-09 01:11:51
| 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 June 9, 2017. | |
| Contact | William Miller at (202) 482-3906, AD/ CVD Operations, Enforcement and Compliance, U.S. Department of | |
| FR Citation | 82 FR 26778 |
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