82_FR_41768 82 FR 41599 - Certain Uncoated Groundwood Paper From Canada: Initiation of Less-Than-Fair-Value Investigation

82 FR 41599 - Certain Uncoated Groundwood Paper From Canada: Initiation of Less-Than-Fair-Value Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range41599-41603
FR Document2017-18726

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017) 
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41599-41603]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18726]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-861]


Certain Uncoated Groundwood Paper From Canada: Initiation of 
Less-Than-Fair-Value Investigation

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

DATES: Applicable September 1, 2017.

FOR FURTHER INFORMATION CONTACT: Maria Tatarska at (202) 482-1562, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On August 9, 2017, the U.S. Department of Commerce (the Department) 
received an antidumping duty (AD) Petition concerning imports of 
certain uncoated groundwood paper (UGW paper) from Canada, filed in 
proper form on behalf of North Pacific Paper Company (NORPAC, the 
petitioner).\1\ The AD Petition was accompanied by a countervailing 
duty (CVD) Petition concerning imports of UGW paper from Canada. The 
petitioner is a domestic producer of UGW paper.\2\
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    \1\ See Letter from the petitioner ``Certain Uncoated Groundwood 
Paper from Canada--Petitions for the Imposition of Antidumping and 
Countervailing Duties,'' dated August 9, 2017 (the Petition).
    \2\ See Volume I of the Petition, at 1.
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    On August 11, 2017, the Department requested supplemental 
information pertaining to certain areas of the Petition.\3\ The 
petitioner filed responses to these requests on August 15, 2017.\4\ On 
August 17, 2017, the Department contacted the petitioner regarding the 
proposed scope of the investigations.\5\ The petitioner filed revised 
scope language on August 21, 2017.\6\ As discussed below, on August 10, 
2017, the Department issued polling questionnaires to all known U.S. 
producers of UGW paper. The Department received responses from all 
recipients of the polling questionnaires.
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    \3\ See Letter to the petitioner from the Department, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Certain Uncoated Groundwood Paper from Canada: 
Supplemental Questions,'' dated August 11, 2017 (General Issues 
Supplemental Questionnaire); see also Letter from the Department, 
``Petition for the Imposition of Antidumping Duties on Imports of 
Certain Uncoated Groundwood Paper from Canada: Supplemental 
Questions,'' dated August 11, 2017 (AD Supplemental Questionnaire).
    \4\ See ``Certain Uncoated Groundwood Paper from Canada/
Responses to Supplemental Questions on the Injury Volume of the 
Petition,'' dated August 15, 2017 (General Issues Supplemental 
Response); see also ``Certain Uncoated Groundwood Paper from Canada/
Petitioner's Responses to Supplemental Questions on the Antidumping 
Duty Volume of the Petition,'' dated August 15, 2017 (AD 
Supplemental Response).
    \5\ See Memorandum, ``Phone Call with Counsel to the 
Petitioner,'' dated August 17, 2017 (Scope Phone Call).
    \6\ See Letter to the Secretary of Commerce from the petitioner, 
``Certain Uncoated Groundwood Paper from Canada/Further revisions to 
the Scope Language,'' dated August 21, 2017 (Scope Revision Letter).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of UGW paper 
from Canada are being, or are likely to be, sold in the United States 
at less than fair value (LTFV) within the meaning of section 731 of the 
Act, and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing UGW paper in the 
United States. Also, consistent with section 732(b)(1) of the Act, the 
Petition is accompanied by information reasonably available to the 
petitioner supporting its allegations.
    The Department finds that the petitioner filed this Petition on 
behalf of the domestic industry because the petitioner is an interested 
party as defined in section 771(9)(C) of the Act. The Department also 
finds that the petitioner demonstrated sufficient industry support with 
respect to the initiation of the AD investigation that the petitioner 
is requesting.\7\
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    \7\ See the ``Determination of Industry Support for the 
Petition'' section, below.
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Period of Investigation

    Because the Petition was filed on August 9, 2017, the period of 
investigation (POI) for this investigation is July 1, 2016, through 
June 30, 2017.

Scope of the Investigation

    The product covered by this investigation is UGW paper from Canada. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation,'' in the Appendix to this notice.

Comments on Scope of the Investigation

    During our review of the Petition, the Department issued questions 
to, and received responses from, the petitioner pertaining to the 
proposed scope to ensure that the scope language in the Petition would 
be an accurate reflection of the products for which the domestic 
industry is seeking relief.\8\
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    \8\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplemental Response, Scope Phone Call, and Scope 
Revision Letter.
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    As discussed in the preamble to the Department's regulations, we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (scope).\9\ The Department will consider all 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determinations. If scope comments include factual 
information,\10\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
the Department requests all interested parties to submit such comments 
by 5:00 p.m. Eastern Time (ET) on Monday, September 18, 2017, which is 
20 calendar days from the signature date of this notice. Any rebuttal 
comments, which may include factual information, must be filed by 5:00 
p.m. ET on Thursday, September 28, 2017, which is 10 calendar days from 
the initial comments deadline.\11\
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ See 19 CFR 351.303(b).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigation be submitted during 
this time period.

[[Page 41600]]

However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigation may be 
relevant, the party may contact the Department and request permission 
to submit the additional information. All such comments must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS).\12\ An 
electronically filed document must be received successfully in its 
entirety by the time and date it is due. Documents exempted from the 
electronic submission requirements must be filed manually (i.e., in 
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 
18022, U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the applicable deadlines.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of the Department's electronic 
filing requirements, which went into effect on August 5, 2011. 
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for AD Questionnaires

    The Department will provide interested parties an opportunity to 
comment on the appropriate physical characteristics of UGW paper to be 
reported in response to the Department's AD questionnaire. This 
information will be used to identify the key physical characteristics 
of the merchandise under consideration in order to report the relevant 
costs of production accurately as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics and (2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe UGW paper, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, the Department attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on September 18, 
2017. Any rebuttal comments must be filed by 5:00 p.m. ET on September 
28, 2017. All comments and submissions to the Department must be filed 
electronically using ACCESS, as explained above, on the record of this 
LTFV investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\14\
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    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation. Based on our analysis of the information 
submitted on the record, we have determined that UGW paper, as defined 
in the scope, constitutes a single domestic like product and we have 
analyzed industry support in terms of that domestic like product.\15\
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    \15\ For a discussion of the domestic like product analysis as 
applied to this case, see Antidumping Duty Investigation Initiation 
Checklist: Certain Uncoated Groundwood Paper from Canada (AD 
Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Petitions Covering Certain Uncoated Groundwood Paper 
from Canada (Attachment II). This checklist is dated concurrently 
with this notice and on file electronically via ACCESS. Access to 
documents filed via ACCESS is also available in the Central Records 
Unit (CRU), Room B8024 of the main Department of Commerce building.
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    Based on information provided in the Petition, the share of total 
estimated U.S. production of the domestic like product in calendar year 
2016 represented by the petitioner did not account for more than 50 
percent of the total production of the domestic like product. 
Therefore, in accordance with section 732(c)(4)(D) of the Act, we 
polled the industry.\16\
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    \16\ Id.
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    On August 10, 2017, we issued polling questionnaires to all known

[[Page 41601]]

producers of UGW paper identified in the Petition.\17\ We requested 
that each company complete the polling questionnaire and certify its 
response by the due date specified in the cover letter to the 
questionnaire.\18\ On August 23, 2017, in consultations with the 
Department held with respect to the companion CVD petition on imports 
of UGW paper from Canada, the Government of Canada (GOC) provided 
comments on industry support.\19\
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    \17\ See Volume I of the Petition, at Exhibit I-5; see also 
Memorandum, ``Certain Uncoated Groundwood Paper from Canada: Polling 
Questionnaire,'' dated August 14, 2017.
    \18\ For a detailed discussion of the responses received, see AD 
Initiation Checklist, at Attachment II. The polling questionnaire 
and questionnaire responses are on file electronically via ACCESS 
and can also be accessed through the CRU.
    \19\ See Memorandum, ``Countervailing Duty Petition on Certain 
Uncoated Groundwood Paper from Canada: GOC Consultations,'' dated 
August 24, 2017; and letter from the GOC re: ``Uncoated Groundwood 
Paper from Canada: Submission of Consultations Paper,'' dated August 
25, 2017. For a discussion of the GOC's comments, see the AD 
Initiation Checklist, at Attachment II.
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    Section 732(c)(4)(B) of the Act states that (i) the Department 
``shall disregard the position of domestic producers who oppose the 
petition if such producers are related to foreign producers, as defined 
in section 771(4)(B)(ii), unless such domestic producers demonstrate 
that their interests as domestic producers would be adversely affected 
by the imposition of an antidumping duty order;'' and (ii) the 
Department ``may disregard the position of domestic producers of a 
domestic like product who are importers of the subject merchandise.'' 
In addition, 19 CFR 351.203(e)(4) states that the position of a 
domestic producer that opposes the petition (i) will be disregarded if 
such producer is related to a foreign producer or to a foreign exporter 
under section 771(4)(B)(ii) of the Act, unless such domestic producer 
demonstrates to the Secretary's satisfaction that its interests as a 
domestic producer would be adversely affected by the imposition of an 
antidumping order; and (ii) may be disregarded if the producer is an 
importer of the subject merchandise or is related to such an importer 
under section 771(4)(B)(ii) of the Act.
    We received objection to the Petition from those that produce 
domestic like product and are related to a foreign producer of subject 
merchandise and/or who imported subject merchandise from Canada. We 
have analyzed the information provided in the polling questionnaire 
responses and information provided in other submissions to the 
Department. Based on our analysis, we disregarded the position in 
opposition to the petition pursuant to section 732(c)(4)(B) of the Act. 
When the position in opposition to the petition is disregarded, the 
industry support requirements of section 732(c)(4)(A) of the Act are 
satisified.\20\
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    \20\ See AD Initiation Checklist, at Attachment II.
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    The data collected demonstrate that the domestic producers of UGW 
paper which support the Petition account for at least 25 percent of the 
total production of the domestic like product and, once the opposition 
is disregarded, account for more than 50 percent of the production of 
the domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the Petition.\21\ Therefore, 
the Department determines that the petitioner filed this Petition on 
behalf of the domestic industry in accordance with section 732(b)(1) of 
the Act because it is an interested party as defined in section 
771(9)(C) of the Act and it has demonstrated sufficient industry 
support with respect to the AD investigation that it is requesting the 
Department initiate.\22\
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    \21\ Id.
    \22\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioner alleges that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\23\
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    \23\ See Volume I of the Petition, at 19 and Exhibit I-12.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant volume of subject imports and significant 
increase in the volume of subject imports relative to U.S. consumption; 
reduced market share; underselling and price suppression or depression; 
lost sales and revenues; adverse effects on production, capacity 
utilization, U.S. shipments, and employment; declines in financial 
performance; and capacity closures and conversions.\24\ We have 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, and causation, and we have 
determined that these allegations are properly supported by adequate 
evidence and meet the statutory requirements for initiation.\25\
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    \24\ Id., at 17-28, Exhibit I-3, Exhibit I-6, and Exhibits I-11 
through I-17.
    \25\ See AD Initiation Checklist, at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering Certain 
Uncoated Groundwood Paper from Canada.
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Allegation of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at LTFV 
upon which the Department based its decision to initiate the AD 
investigation of imports of UGW paper from Canada. The sources of data 
for the deductions and adjustments relating to U.S. price and NV are 
discussed in greater detail in the AD Initiation Checklist.

Export Price

    The petitioner based the U.S. price on export price (EP) using 
pricing information related to UGW paper produced in, and exported 
from, Canada, and sold or offered for sale in the United States. This 
information was obtained from a confidential source.\26\ Where 
applicable, the petitioner made deductions from U.S. price for movement 
expenses, consistent with the terms of sale.\27\
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    \26\ See Volume III of the Petition at Exhibits III-7 and III-8; 
and AD Initiation Checklist.
    \27\ See AD Initiation Checklist.
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Normal Value

    Petitioner based NV on pricing information relating to UGW paper 
produced in, and sold or offered for sale in Canada, that was obtained 
through confidential market research.\28\ Where applicable, the 
petitioner made deductions for movement expenses, consistent with the 
terms of sale.\29\
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    \28\ Id.
    \29\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of UGW paper from Canada are being, or are likely 
to be, sold in the United States at LTFV. Based on comparisons of EP to 
NV in accordance with sections 772 and 773 of the Act, the estimated 
dumping margins for UGW paper from Canada covered by this initiation 
range from 23.45 percent to 54.97 percent.\30\
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    \30\ Id.
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Initiation of Less-Than-Fair-Value Investigation

    Based upon the examination of the Petition, we find that the 
Petition meets the requirements of section 732 of the Act. Therefore, 
we are initiating an AD investigation to determine whether imports of 
UGW paper from Canada are being, or are likely to be, sold in the 
United States at LTFV. In accordance with section 733(b)(1)(A) of the 
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary

[[Page 41602]]

determination no later than 140 days after the date of this initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD law were made.\31\ The 2015 law does not 
specify dates of application for those amendments. On August 6, 2015, 
the Department published an interpretative rule, in which it announced 
the applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\32\ The amendments to 
sections 771(15), 773, 776, and 782 of the Act are applicable to all 
determinations made on or after August 6, 2015, and, therefore, apply 
to this AD investigation.\33\
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    \31\ See Trade Preferences Extension Act of 2015, Pub. L. 114-
27, 129 Stat. 362 (2015).
    \32\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015).
    \33\ Id. at 46794-95. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection

    The petitioner named eight companies in Canada as producers/
exporters of UGW paper.\34\ Following standard practice in AD 
investigations involving market economy countries, in the event the 
Department determines that the number of companies in Canada is large, 
the Department intends to review U.S. Customs and Border Protection 
(CBP) data for U.S. imports of UGW paper during the POI under the 
appropriate Harmonized Tariff Schedule of the United States 
subheadings, and if it determines that it cannot individually examine 
each company based upon the Department's resources, then the Department 
will select respondents based on those data. We intend to release the 
CBP data under Administrative Protective Order (APO) to all parties 
with access to information protected by APO within five business days 
of the announcement of the initiation of this investigation. Interested 
parties must submit applications for disclosure under APO in accordance 
with 19 CFR 351.305(b). Instructions for filing such applications may 
be found on the Department's Web site at http://enforcement.trade.gov/apo. Interested parties may submit comments regarding the CBP data and 
respondent selection by 5:00 p.m. ET three calendar days after 
publication. The Department will not accept rebuttal comments regarding 
the CBP data or respondent selection. Comments must be filed 
electronically using ACCESS. An electronically-filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET by the dates noted above. We intend to make our decision 
regarding respondent selection in this investigation within 20 days of 
publication of this notice.
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    \34\ See Volume I of the Petition at Exhibit I-9.
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Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petition have been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of UGW paper from Canada are materially 
injuring or threatening material injury to a U.S. industry. A negative 
ITC determination will result in the investigation being 
terminated.\35\ Otherwise, the investigation will proceed according to 
statutory and regulatory time limits.
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    \35\ See section 733(a) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). 19 CFR 351.301(b) requires 
any party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\36\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\37\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in this 
investigation.
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    \36\ See 19 CFR 351.301(b).
    \37\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Parties should review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\38\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\39\ The Department intends to reject factual

[[Page 41603]]

submissions if the submitting party does not comply with applicable 
revised certification requirements.
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    \38\ See section 782(b) of the Act.
    \39\ See Certification of Factual Information to Import 
Administration during Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in this investigation should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: August 29, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The merchandise covered by this investigation includes certain 
paper that has not been coated on either side and with 50 percent or 
more of the cellulose fiber content consisting of groundwood pulp, 
including groundwood pulp made from recycled paper, weighing not 
more than 90 grams per square meter. Groundwood pulp includes all 
forms of pulp produced from a mechanical pulping process, such as 
thermo-mechanical process (TMP), chemi-thermo mechanical process 
(CTMP), bleached chemi-thermo mechanical process (BCTMP) or any 
other mechanical pulping process. The scope includes paper shipped 
in any form, including but not limited to both rolls and sheets.
    Certain uncoated groundwood paper includes but is not limited to 
standard newsprint, high bright newsprint, book publishing, 
directory, and printing and writing papers. The scope includes paper 
that is white, off-white, cream, or colored.
    Specifically excluded from the scope are imports of certain 
uncoated groundwood paper printed with final content of printed text 
or graphic. Also excluded are papers that otherwise meet this 
definition, but which have undergone a supercalendering process.\40\
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    \40\ Supercalendering imparts a glossy finish produced by the 
movement of the paper web through a supercalender which is a stack 
of alternating rollers of metal and cotton (or other softer 
material). The supercalender runs at high speed and applies 
pressure, heat, and friction which glazes the surface of the paper, 
imparting gloss to the surface and increasing the paper's smoothness 
and density.
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    Certain uncoated groundwood paper is classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) in several 
subheadings, including 4801.00.0120, 4801.00.0140, 4802.61.1000, 
4802.61.2000, 4802.61.3110, 4802.61.3191, 4802.61.6040, 
4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.6140, 
4802.69.1000, 4802.69.2000, and 4802.69.3000. Subject merchandise 
may also be imported under several additional subheadings including 
4805.91.5000, 4805.91.7000, and 4805.91.9000. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.

[FR Doc. 2017-18726 Filed 8-31-17; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41599 is hereby requested. Failure to comply petitioner).1 The AD Petition was defined in section 771(9)(C) of the Act. with the regulations and terms of an accompanied by a countervailing duty The Department also finds that the APO is a violation which is subject to (CVD) Petition concerning imports of petitioner demonstrated sufficient sanction. UGW paper from Canada. The petitioner industry support with respect to the We are issuing and publishing these is a domestic producer of UGW paper.2 initiation of the AD investigation that results and notice in accordance with On August 11, 2017, the Department the petitioner is requesting.7 sections 751(c), 752(c), and 777(i)(1) of requested supplemental information pertaining to certain areas of the Period of Investigation the Act, 19 CFR 351.218, and 19 CFR 351.221(c)(5)(ii). Petition.3 The petitioner filed responses Because the Petition was filed on to these requests on August 15, 2017.4 August 9, 2017, the period of Dated: August 28, 2017. On August 17, 2017, the Department investigation (POI) for this investigation Gary Taverman, contacted the petitioner regarding the is July 1, 2016, through June 30, 2017. Deputy Assistant Secretary for Antidumping proposed scope of the investigations.5 and Countervailing Duty Operations, The petitioner filed revised scope Scope of the Investigation performing the non-exclusive functions and language on August 21, 2017.6 As The product covered by this duties of the Assistant Secretary for Enforcement and Compliance. discussed below, on August 10, 2017, investigation is UGW paper from the Department issued polling Canada. For a full description of the Appendix questionnaires to all known U.S. scope of this investigation, see the producers of UGW paper. The ‘‘Scope of the Investigation,’’ in the List of Topics Discussed in the Issues and Department received responses from all Appendix to this notice. Decision Memorandum recipients of the polling questionnaires. I. Summary In accordance with section 732(b) of Comments on Scope of the Investigation II. Background the Tariff Act of 1930, as amended (the During our review of the Petition, the III. Scope of the Order Act), the petitioner alleges that imports IV. History of the Order Department issued questions to, and V. Legal Framework of UGW paper from Canada are being, received responses from, the petitioner VI. Discussion of the Issues or are likely to be, sold in the United pertaining to the proposed scope to 1. Likelihood of Continuation or States at less than fair value (LTFV) ensure that the scope language in the Recurrence of Dumping within the meaning of section 731 of the Petition would be an accurate reflection 2. Magnitude of the Margins Likely to Act, and that such imports are of the products for which the domestic Prevail materially injuring, or threatening industry is seeking relief.8 VII. Final Results of Sunset Review material injury to, the domestic industry As discussed in the preamble to the VIII. Recommendation producing UGW paper in the United Department’s regulations, we are setting [FR Doc. 2017–18587 Filed 8–31–17; 8:45 am] States. Also, consistent with section aside a period for interested parties to BILLING CODE 3510–DS–P 732(b)(1) of the Act, the Petition is raise issues regarding product coverage accompanied by information reasonably (scope).9 The Department will consider available to the petitioner supporting its all comments received from interested DEPARTMENT OF COMMERCE allegations. parties and, if necessary, will consult The Department finds that the with interested parties prior to the International Trade Administration petitioner filed this Petition on behalf of issuance of the preliminary the domestic industry because the determinations. If scope comments [A–122–861] petitioner is an interested party as include factual information,10 all such factual information should be limited to Certain Uncoated Groundwood Paper 1 See Letter from the petitioner ‘‘Certain Uncoated public information. To facilitate From Canada: Initiation of Less-Than- Groundwood Paper from Canada—Petitions for the Imposition of Antidumping and Countervailing preparation of its questionnaires, the Fair-Value Investigation Duties,’’ dated August 9, 2017 (the Petition). Department requests all interested AGENCY: Enforcement and Compliance, 2 See Volume I of the Petition, at 1. parties to submit such comments by 3 See Letter to the petitioner from the Department, International Trade Administration, 5:00 p.m. Eastern Time (ET) on Monday, ‘‘Petitions for the Imposition of Antidumping and Department of Commerce. Countervailing Duties on Imports of Certain September 18, 2017, which is 20 Uncoated Groundwood Paper from Canada: calendar days from the signature date of DATES: Applicable September 1, 2017. Supplemental Questions,’’ dated August 11, 2017 this notice. Any rebuttal comments, FOR FURTHER INFORMATION CONTACT: (General Issues Supplemental Questionnaire); see which may include factual information, also Letter from the Department, ‘‘Petition for the Maria Tatarska at (202) 482–1562, AD/ Imposition of Antidumping Duties on Imports of must be filed by 5:00 p.m. ET on CVD Operations, Enforcement and Certain Uncoated Groundwood Paper from Canada: Thursday, September 28, 2017, which is Compliance, International Trade Supplemental Questions,’’ dated August 11, 2017 10 calendar days from the initial Administration, U.S. Department of (AD Supplemental Questionnaire). comments deadline.11 4 See ‘‘Certain Uncoated Groundwood Paper from Commerce, 1401 Constitution Avenue Canada/Responses to Supplemental Questions on The Department requests that any NW., Washington, DC 20230. the Injury Volume of the Petition,’’ dated August factual information the parties consider SUPPLEMENTARY INFORMATION: 15, 2017 (General Issues Supplemental Response); relevant to the scope of the investigation see also ‘‘Certain Uncoated Groundwood Paper be submitted during this time period. The Petition from Canada/Petitioner’s Responses to Supplemental Questions on the Antidumping Duty 7 See the ‘‘Determination of Industry Support for On August 9, 2017, the U.S. Volume of the Petition,’’ dated August 15, 2017 (AD sradovich on DSK3GMQ082PROD with NOTICES Supplemental Response). the Petition’’ section, below. Department of Commerce (the 5 See Memorandum, ‘‘Phone Call with Counsel to 8 See General Issues Supplemental Questionnaire; Department) received an antidumping the Petitioner,’’ dated August 17, 2017 (Scope see also General Issues Supplemental Response, duty (AD) Petition concerning imports Phone Call). Scope Phone Call, and Scope Revision Letter. 9 See Antidumping Duties; Countervailing Duties, of certain uncoated groundwood paper 6 See Letter to the Secretary of Commerce from the petitioner, ‘‘Certain Uncoated Groundwood Final Rule, 62 FR 27296, 27323 (May 19, 1997). (UGW paper) from Canada, filed in 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual Paper from Canada/Further revisions to the Scope proper form on behalf of North Pacific Language,’’ dated August 21, 2017 (Scope Revision information’’). Paper Company (NORPAC, the Letter). 11 See 19 CFR 351.303(b). VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

41600 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices However, if a party subsequently finds comparison criteria on meaningful ‘‘the domestic industry’’ has been that additional factual information commercial differences among products. injured, must also determine what pertaining to the scope of the In other words, although there may be constitutes a domestic like product in investigation may be relevant, the party some physical product characteristics order to define the industry. While both may contact the Department and request utilized by manufacturers to describe the Department and the ITC must apply permission to submit the additional UGW paper, it may be that only a select the same statutory definition regarding information. All such comments must few product characteristics take into the domestic like product,13 they do so be filed on the records of the concurrent account commercially meaningful for different purposes and pursuant to a AD and CVD investigations. physical characteristics. In addition, separate and distinct authority. In interested parties may comment on the addition, the Department’s Filing Requirements order in which the physical determination is subject to limitations of All submissions to the Department characteristics should be used in time and information. Although this must be filed electronically using matching products. Generally, the may result in different definitions of the Enforcement and Compliance’s Department attempts to list the most like product, such differences do not Antidumping Duty and Countervailing important physical characteristics first render the decision of either agency Duty Centralized Electronic Service and the least important characteristics contrary to law.14 System (ACCESS).12 An electronically last. Section 771(10) of the Act defines the filed document must be received In order to consider the suggestions of domestic like product as ‘‘a product successfully in its entirety by the time interested parties in developing and which is like, or in the absence of like, and date it is due. Documents exempted issuing the AD questionnaires, all most similar in characteristics and uses from the electronic submission product characteristics comments must with, the article subject to an requirements must be filed manually be filed by 5:00 p.m. ET on September investigation under this title.’’ Thus, the (i.e., in paper form) with Enforcement 18, 2017. Any rebuttal comments must reference point from which the and Compliance’s APO/Dockets Unit, be filed by 5:00 p.m. ET on September domestic like product analysis begins is Room 18022, U.S. Department of 28, 2017. All comments and ‘‘the article subject to an investigation’’ Commerce, 1401 Constitution Avenue submissions to the Department must be (i.e., the class or kind of merchandise to NW., Washington, DC 20230, and filed electronically using ACCESS, as be investigated, which normally will be stamped with the date and time of explained above, on the record of this the scope as defined in the Petition). receipt by the applicable deadlines. LTFV investigation. With regard to the domestic like Determination of Industry Support for product, the petitioner does not offer a Comments on Product Characteristics definition of the domestic like product for AD Questionnaires the Petition distinct from the scope of the The Department will provide Section 732(b)(1) of the Act requires investigation. Based on our analysis of interested parties an opportunity to that a petition be filed on behalf of the the information submitted on the comment on the appropriate physical domestic industry. Section 732(c)(4)(A) record, we have determined that UGW characteristics of UGW paper to be of the Act provides that a petition meets paper, as defined in the scope, reported in response to the this requirement if the domestic constitutes a single domestic like Department’s AD questionnaire. This producers or workers who support the product and we have analyzed industry information will be used to identify the petition account for: (i) At least 25 support in terms of that domestic like key physical characteristics of the percent of the total production of the product.15 merchandise under consideration in domestic like product; and (ii) more Based on information provided in the order to report the relevant costs of than 50 percent of the production of the Petition, the share of total estimated production accurately as well as to domestic like product produced by that U.S. production of the domestic like develop appropriate product- portion of the industry expressing product in calendar year 2016 comparison criteria. support for, or opposition to, the represented by the petitioner did not Interested parties may provide any petition. Moreover, section 732(c)(4)(D) account for more than 50 percent of the information or comments that they feel of the Act provides that, if the petition total production of the domestic like are relevant to the development of an does not establish support of domestic product. Therefore, in accordance with accurate list of physical characteristics. producers or workers accounting for section 732(c)(4)(D) of the Act, we Specifically, they may provide more than 50 percent of the total polled the industry.16 comments as to which characteristics production of the domestic like product, On August 10, 2017, we issued are appropriate to use as: (1) General the Department shall: (i) Poll the polling questionnaires to all known product characteristics and (2) product- industry or rely on other information in comparison criteria. We note that it is order to determine if there is support for 13 See section 771(10) of the Act. not always appropriate to use all the petition, as required by 14 See USEC, Inc. v. United States, 132 F. Supp. product characteristics as product- subparagraph (A); or (ii) determine 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. industry support using a statistically v. United States, 688 F. Supp. 639, 644 (CIT 1988), comparison criteria. We base product- aff’d 865 F.2d 240 (Fed. Cir. 1989)). valid sampling method to poll the 15 For a discussion of the domestic like product 12 See Antidumping and Countervailing Duty ‘‘industry.’’ analysis as applied to this case, see Antidumping Proceedings: Electronic Filing Procedures; Section 771(4)(A) of the Act defines Duty Investigation Initiation Checklist: Certain Administrative Protective Order Procedures, 76 FR the ‘‘industry’’ as the producers as a Uncoated Groundwood Paper from Canada (AD 39263 (July 6, 2011); see also Enforcement and whole of a domestic like product. Thus, Initiation Checklist), at Attachment II, Analysis of sradovich on DSK3GMQ082PROD with NOTICES Compliance; Change of Electronic Filing System Industry Support for the Petitions Covering Certain Name, 79 FR 69046 (November 20, 2014) for details to determine whether a petition has the Uncoated Groundwood Paper from Canada of the Department’s electronic filing requirements, requisite industry support, the statute (Attachment II). This checklist is dated which went into effect on August 5, 2011. directs the Department to look to concurrently with this notice and on file Information on help using ACCESS can be found at producers and workers who produce the electronically via ACCESS. Access to documents https://access.trade.gov/help.aspx and a handbook filed via ACCESS is also available in the Central can be found at https://access.trade.gov/help/ domestic like product. The International Records Unit (CRU), Room B8024 of the main Handbook%20on%20Electronic%20Filling%20 Trade Commission (ITC), which is Department of Commerce building. Procedures.pdf. responsible for determining whether 16 Id. VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41601 producers of UGW paper identified in pursuant to section 732(c)(4)(B) of the Allegation of Sales at Less Than Fair the Petition.17 We requested that each Act. When the position in opposition to Value company complete the polling the petition is disregarded, the industry The following is a description of the questionnaire and certify its response by support requirements of section allegation of sales at LTFV upon which the due date specified in the cover letter 732(c)(4)(A) of the Act are satisified.20 the Department based its decision to to the questionnaire.18 On August 23, The data collected demonstrate that initiate the AD investigation of imports 2017, in consultations with the the domestic producers of UGW paper of UGW paper from Canada. The Department held with respect to the which support the Petition account for sources of data for the deductions and companion CVD petition on imports of at least 25 percent of the total adjustments relating to U.S. price and UGW paper from Canada, the production of the domestic like product NV are discussed in greater detail in the Government of Canada (GOC) provided and, once the opposition is disregarded, AD Initiation Checklist. comments on industry support.19 account for more than 50 percent of the Section 732(c)(4)(B) of the Act states production of the domestic like product Export Price that (i) the Department ‘‘shall disregard produced by that portion of the industry The petitioner based the U.S. price on the position of domestic producers who expressing support for, or opposition to, export price (EP) using pricing oppose the petition if such producers the Petition.21 Therefore, the information related to UGW paper are related to foreign producers, as Department determines that the produced in, and exported from, defined in section 771(4)(B)(ii), unless petitioner filed this Petition on behalf of Canada, and sold or offered for sale in such domestic producers demonstrate the domestic industry in accordance the United States. This information was that their interests as domestic with section 732(b)(1) of the Act obtained from a confidential source.26 producers would be adversely affected because it is an interested party as Where applicable, the petitioner made by the imposition of an antidumping defined in section 771(9)(C) of the Act deductions from U.S. price for duty order;’’ and (ii) the Department and it has demonstrated sufficient movement expenses, consistent with the ‘‘may disregard the position of domestic industry support with respect to the AD terms of sale.27 producers of a domestic like product investigation that it is requesting the who are importers of the subject Normal Value Department initiate.22 merchandise.’’ In addition, 19 CFR Petitioner based NV on pricing 351.203(e)(4) states that the position of Allegations and Evidence of Material information relating to UGW paper a domestic producer that opposes the Injury and Causation produced in, and sold or offered for sale petition (i) will be disregarded if such The petitioner alleges that the U.S. in Canada, that was obtained through producer is related to a foreign producer industry producing the domestic like confidential market research.28 Where or to a foreign exporter under section product is being materially injured, or is applicable, the petitioner made 771(4)(B)(ii) of the Act, unless such threatened with material injury, by deductions for movement expenses, domestic producer demonstrates to the reason of the imports of the subject consistent with the terms of sale.29 Secretary’s satisfaction that its interests merchandise sold at less than normal as a domestic producer would be Fair Value Comparisons value (NV). In addition, the petitioner adversely affected by the imposition of alleges that subject imports exceed the Based on the data provided by the an antidumping order; and (ii) may be negligibility threshold provided for petitioner, there is reason to believe that disregarded if the producer is an under section 771(24)(A) of the Act.23 imports of UGW paper from Canada are importer of the subject merchandise or The petitioner contends that the being, or are likely to be, sold in the is related to such an importer under industry’s injured condition is United States at LTFV. Based on section 771(4)(B)(ii) of the Act. illustrated by a significant volume of comparisons of EP to NV in accordance We received objection to the Petition subject imports and significant increase with sections 772 and 773 of the Act, from those that produce domestic like in the volume of subject imports relative the estimated dumping margins for product and are related to a foreign to U.S. consumption; reduced market UGW paper from Canada covered by producer of subject merchandise and/or share; underselling and price this initiation range from 23.45 percent who imported subject merchandise from suppression or depression; lost sales to 54.97 percent.30 Canada. We have analyzed the and revenues; adverse effects on Initiation of Less-Than-Fair-Value information provided in the polling production, capacity utilization, U.S. Investigation questionnaire responses and shipments, and employment; declines information provided in other in financial performance; and capacity Based upon the examination of the submissions to the Department. Based closures and conversions.24 We have Petition, we find that the Petition meets on our analysis, we disregarded the the requirements of section 732 of the assessed the allegations and supporting position in opposition to the petition Act. Therefore, we are initiating an AD evidence regarding material injury, investigation to determine whether threat of material injury, and causation, 17 See Volume I of the Petition, at Exhibit I–5; see imports of UGW paper from Canada are and we have determined that these also Memorandum, ‘‘Certain Uncoated being, or are likely to be, sold in the Groundwood Paper from Canada: Polling allegations are properly supported by United States at LTFV. In accordance Questionnaire,’’ dated August 14, 2017. adequate evidence and meet the with section 733(b)(1)(A) of the Act and 18 For a detailed discussion of the responses statutory requirements for initiation.25 received, see AD Initiation Checklist, at Attachment 19 CFR 351.205(b)(1), unless postponed, II. The polling questionnaire and questionnaire 20 See AD Initiation Checklist, at Attachment II. we will make our preliminary responses are on file electronically via ACCESS and sradovich on DSK3GMQ082PROD with NOTICES 21 Id. can also be accessed through the CRU. 19 See Memorandum, ‘‘Countervailing Duty 22 Id. Countervailing Duty Petitions Covering Certain 23 See Volume I of the Petition, at 19 and Exhibit Uncoated Groundwood Paper from Canada. Petition on Certain Uncoated Groundwood Paper 26 See Volume III of the Petition at Exhibits III– from Canada: GOC Consultations,’’ dated August I–12. 24 Id., at 17–28, Exhibit I–3, Exhibit I–6, and 7 and III–8; and AD Initiation Checklist. 24, 2017; and letter from the GOC re: ‘‘Uncoated 27 See AD Initiation Checklist. Groundwood Paper from Canada: Submission of Exhibits I–11 through I–17. 28 Id. Consultations Paper,’’ dated August 25, 2017. For 25 See AD Initiation Checklist, at Attachment III, 29 Id. a discussion of the GOC’s comments, see the AD Analysis of Allegations and Evidence of Material Initiation Checklist, at Attachment II. Injury and Causation for the Antidumping and 30 Id. VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

41602 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices determination no later than 140 days electronically using ACCESS. An information are addressed in 19 CFR after the date of this initiation. electronically-filed document must be 351.301, which provides specific time Under the Trade Preferences received successfully, in its entirety, by limits based on the type of factual Extension Act of 2015, numerous ACCESS no later than 5:00 p.m. ET by information being submitted. Interested amendments to the AD and CVD law the dates noted above. We intend to parties should review the regulations were made.31 The 2015 law does not make our decision regarding respondent prior to submitting factual information specify dates of application for those selection in this investigation within 20 in this investigation. amendments. On August 6, 2015, the days of publication of this notice. Extensions of Time Limits Department published an interpretative rule, in which it announced the Distribution of Copies of the Petition Parties may request an extension of applicability dates for each amendment In accordance with section time limits before the expiration of a to the Act, except for amendments 732(b)(3)(A)(i) of the Act and 19 CFR time limit established under 19 CFR contained in section 771(7) of the Act, 351.202(f), copies of the public version 351.301, or as otherwise specified by the which relate to determinations of of the Petition have been provided to Secretary. In general, an extension material injury by the ITC.32 The the GOC via ACCESS. To the extent request will be considered untimely if it amendments to sections 771(15), 773, practicable, we will attempt to provide is filed after the expiration of the time 776, and 782 of the Act are applicable a copy of the public version of the limit established under 19 CFR 351.301. to all determinations made on or after Petition to each exporter named in the For submissions that are due from August 6, 2015, and, therefore, apply to Petition, as provided under 19 CFR multiple parties simultaneously, an this AD investigation.33 351.203(c)(2). extension request will be considered untimely if it is filed after 10:00 a.m. ET Respondent Selection ITC Notification on the due date. Under certain The petitioner named eight We will notify the ITC of our circumstances, we may elect to specify companies in Canada as producers/ initiation, as required by section 732(d) a different time limit by which exporters of UGW paper.34 Following of the Act. extension requests will be considered standard practice in AD investigations untimely for submissions which are due Preliminary Determination by the ITC involving market economy countries, in from multiple parties simultaneously. In the event the Department determines The ITC will preliminarily determine, such a case, we will inform parties in that the number of companies in Canada within 45 days after the date on which the letter or memorandum setting forth is large, the Department intends to the Petition was filed, whether there is the deadline (including a specified time) review U.S. Customs and Border a reasonable indication that imports of by which extension requests must be Protection (CBP) data for U.S. imports of UGW paper from Canada are materially filed to be considered timely. An UGW paper during the POI under the injuring or threatening material injury to extension request must be made in a appropriate Harmonized Tariff Schedule a U.S. industry. A negative ITC separate, stand-alone submission; under of the United States subheadings, and if determination will result in the limited circumstances we will grant it determines that it cannot individually investigation being terminated.35 untimely-filed requests for the extension examine each company based upon the Otherwise, the investigation will of time limits. Parties should review Department’s resources, then the proceed according to statutory and Extension of Time Limits; Final Rule, 78 Department will select respondents regulatory time limits. FR 57790 (September 20, 2013), based on those data. We intend to Submission of Factual Information available at http://www.gpo.gov/fdsys/ release the CBP data under pkg/FR-2013-09-20/html/2013- Administrative Protective Order (APO) Factual information is defined in 19 22853.htm, prior to submitting factual to all parties with access to information CFR 351.102(b)(21) as: (i) Evidence information in this investigation. protected by APO within five business submitted in response to questionnaires; (ii) evidence submitted in support of Certification Requirements days of the announcement of the initiation of this investigation. allegations; (iii) publicly available Any party submitting factual Interested parties must submit information to value factors under 19 information in an AD or CVD applications for disclosure under APO CFR 351.408(c) or to measure the proceeding must certify to the accuracy in accordance with 19 CFR 351.305(b). adequacy of remuneration under 19 CFR and completeness of that information.38 Instructions for filing such applications 351.511(a)(2); (iv) evidence placed on Parties are hereby reminded that revised may be found on the Department’s Web the record by the Department; and (v) certification requirements are in effect site at http://enforcement.trade.gov/apo. evidence other than factual information for company/government officials, as Interested parties may submit comments described in (i)–(iv). 19 CFR 351.301(b) well as their representatives. regarding the CBP data and respondent requires any party, when submitting Investigations initiated on the basis of selection by 5:00 p.m. ET three calendar factual information, to specify under petitions filed on or after August 16, days after publication. The Department which subsection of 19 CFR 2013, and other segments of any AD or will not accept rebuttal comments 351.102(b)(21) the information is being CVD proceedings initiated on or after regarding the CBP data or respondent submitted 36 and, if the information is August 16, 2013, should use the formats selection. Comments must be filed submitted to rebut, clarify, or correct for the revised certifications provided at factual information already on the the end of the Final Rule.39 The 31 See Trade Preferences Extension Act of 2015, record, to provide an explanation Department intends to reject factual sradovich on DSK3GMQ082PROD with NOTICES Pub. L. 114–27, 129 Stat. 362 (2015). identifying the information already on 32 See Dates of Application of Amendments to the the record that the factual information 38 See section 782(b) of the Act. Antidumping and Countervailing Duty Laws Made seeks to rebut, clarify, or correct.37 Time 39 See Certification of Factual Information to by the Trade Preferences Extension Act of 2015, 80 Import Administration during Antidumping and FR 46793 (August 6, 2015). limits for the submission of factual Countervailing Duty Proceedings, 78 FR 42678 (July 33 Id. at 46794–95. The 2015 amendments may be 17, 2013) (Final Rule); see also frequently asked 35 See section 733(a) of the Act. found at https://www.congress.gov/bill/114th- questions regarding the Final Rule, available at congress/house-bill/1295/text/pl. 36 See 19 CFR 351.301(b). http://enforcement.trade.gov/tlei/notices/factual_ 34 See Volume I of the Petition at Exhibit I–9. 37 See 19 CFR 351.301(b)(2). info_final_rule_FAQ_07172013.pdf. VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41603 submissions if the submitting party does 4801.00.0140, 4802.61.1000, 4802.61.2000, responses to these requests on August not comply with applicable revised 4802.61.3110, 4802.61.3191, 4802.61.6040, 15 and 16, 2017.4 On August 17, 2017, certification requirements. 4802.62.1000, 4802.62.2000, 4802.62.3000, the Department contacted the petitioner 4802.62.6140, 4802.69.1000, 4802.69.2000, regarding the proposed scope of the Notification to Interested Parties and 4802.69.3000. Subject merchandise may also be imported under several additional investigations.5 The petitioner filed Interested parties must submit subheadings including 4805.91.5000, revised scope language on August 21, applications for disclosure under APO 4805.91.7000, and 4805.91.9000. Although 2017.6 As discussed below, on August in accordance with 19 CFR 351.305. On the HTSUS subheadings are provided for 10, 2017, the Department issued polling January 22, 2008, the Department convenience and customs purposes, the questionnaires to all known U.S. published Antidumping and written description of the merchandise is producers of UGW paper. The Countervailing Duty Proceedings: dispositive. Department received responses from all Documents Submission Procedures; [FR Doc. 2017–18726 Filed 8–31–17; 8:45 am] recipients of the polling questionnaires. APO Procedures, 73 FR 3634 (January BILLING CODE 3510–DS–P In accordance with section 702(b)(1) 22, 2008). Parties wishing to participate of the Tariff Act of 1930, as amended in this investigation should ensure that (the Act), the petitioner alleges that the they meet the requirements of these DEPARTMENT OF COMMERCE Government of Canada (GOC) and the procedures (e.g., the filing of letters of provincial governments of Alberta appearance as discussed at 19 CFR International Trade Administration (GOA), British Colombia (GBS), 351.103(d)). [C–122–862] Newfoundland and Labrador (GNL), This notice is issued and published Ontario (GOO), Quebec (GOQ), and New pursuant to sections 732(c)(2) and 777(i) Certain Uncoated Groundwood Paper Brunswick (GNB) are providing of the Act, and 19 CFR 351.203(c). From Canada: Initiation of countervailable subsidies, within the Dated: August 29, 2017. Countervailing Duty Investigation meaning of sections 701 and 771(5) of Gary Taverman, AGENCY: Enforcement and Compliance, the Act, to imports of UGW paper from Deputy Assistant Secretary for Antidumping International Trade Administration, Canada and that such imports are and Countervailing Duty Operations, Department of Commerce. materially injuring, or threatening performing the non-exclusive functions and DATES: Applicable September 1, 2017. material injury to, the domestic industry duties of the Assistant Secretary for producing UGW paper in the United Enforcement and Compliance. FOR FURTHER INFORMATION CONTACT: David Crespo at (202) 482–3693, or States. Also, consistent with section Appendix—Scope of the Investigation Whitley Herndon at (202) 482–6274, 702(b)(1) of the Act, for those alleged Office II, AD/CVD Operations, programs on which we are initiating a The merchandise covered by this investigation includes certain paper that has Enforcement and Compliance, CVD investigation, the Petition is not been coated on either side and with 50 International Trade Administration, accompanied by information reasonably percent or more of the cellulose fiber content U.S. Department of Commerce, 1401 available to the petitioner supporting its consisting of groundwood pulp, including Constitution Avenue NW., Washington, allegations. groundwood pulp made from recycled paper, DC 20230. The Department finds that the weighing not more than 90 grams per square meter. Groundwood pulp includes all forms SUPPLEMENTARY INFORMATION: petitioner filed this Petition on behalf of of pulp produced from a mechanical pulping the domestic industry because the The Petition petitioner is an interested party as process, such as thermo-mechanical process (TMP), chemi-thermo mechanical process On August 9, 2017, the U.S. defined in section 771(9)(C) of the Act. (CTMP), bleached chemi-thermo mechanical Department of Commerce (the The Department also finds that the process (BCTMP) or any other mechanical Department) received a countervailing petitioner demonstrated sufficient pulping process. The scope includes paper duty (CVD) Petition concerning imports industry support with respect to the shipped in any form, including but not of certain uncoated groundwood paper initiation of the CVD investigation that limited to both rolls and sheets. (UGW paper) from Canada, filed in Certain uncoated groundwood paper the petitioner is requesting.7 includes but is not limited to standard proper form on behalf of North Pacific Paper Company (NORPAC, or the Period of Investigation newsprint, high bright newsprint, book publishing, directory, and printing and petitioner).1 The CVD Petition was Because the Petition was filed on writing papers. The scope includes paper accompanied by an antidumping duty August 9, 2017, the period of that is white, off-white, cream, or colored. (AD) Petition concerning imports of investigation (POI) is January 1, 2016, Specifically excluded from the scope are UGW paper from Canada. The petitioner through December 31, 2016. imports of certain uncoated groundwood is a domestic producer of UGW paper.2 paper printed with final content of printed On August 11 and 14, 2017, the 4 See Letter from the petitioner re: Certain text or graphic. Also excluded are papers that Department requested supplemental otherwise meet this definition, but which Uncoated Groundwood Paper from Canada/ have undergone a supercalendering information pertaining to certain areas Responses to Supplemental Questions on the Injury process.40 of the Petition.3 The petitioner filed Volume of the Petitions, dated August 15, 2017 (General Issues Supplemental Response); see also Certain uncoated groundwood paper is Letter from the petitioner re: Certain Uncoated 1 See Letter from the petitioner re: ‘‘Petitions for classifiable in the Harmonized Tariff Groundwood Paper from Canada/Petitioner’s Schedule of the United States (HTSUS) in the Imposition of Antidumping and Countervailing Duties on Uncoated Groundwood Paper from Responses to Supplemental Questions on the several subheadings, including 4801.00.0120, Canada,’’ dated August 9, 2017 (the Petition). Countervailing Duty Volume of the Petition, dated 2 Id., Volume I of the Petition, at 1. August 16, 2017 (CVD Supplement). sradovich on DSK3GMQ082PROD with NOTICES 40 Supercalendering imparts a glossy finish 5 See Memorandum, ‘‘Phone Call with Counsel to 3 See Department Letter re: Petitions for the produced by the movement of the paper web Imposition of Antidumping and Countervailing the Petitioner,’’ dated August 17, 2017 (Scope through a supercalender which is a stack of Duties on Imports of Certain Uncoated Groundwood Phone Call). 6 See Letter from the petitioner re: Certain alternating rollers of metal and cotton (or other Paper from Canada: Supplemental Questions, dated softer material). The supercalender runs at high August 11, 2017 (General Issues Supplemental Uncoated Groundwood Paper from Canada/Further speed and applies pressure, heat, and friction Questionnaire); see also Department Letter re: Revisions to The Scope Language, dated August 21, which glazes the surface of the paper, imparting Petition for the Imposition of Countervailing Duties 2017 (Scope Revision Letter). gloss to the surface and increasing the paper’s on Imports of Certain Uncoated Groundwood Paper 7 See the ‘‘Determination of Industry Support for smoothness and density. from Canada, dated August 14, 2017. the Petition’’ section, below. VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1


Document Created: 2017-09-01 01:50:33
Document Modified: 2017-09-01 01:50:33
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
DatesApplicable September 1, 2017.
ContactMaria Tatarska at (202) 482-1562, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 41599 
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