82_FR_41772 82 FR 41603 - Certain Uncoated Groundwood Paper From Canada: Initiation of Countervailing Duty Investigation

82 FR 41603 - Certain Uncoated Groundwood Paper From Canada: Initiation of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range41603-41607
FR Document2017-18727

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017) 
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41603-41607]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18727]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-862]


Certain Uncoated Groundwood Paper From Canada: Initiation of 
Countervailing Duty Investigation

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

DATES: Applicable September 1, 2017.

FOR FURTHER INFORMATION CONTACT: David Crespo at (202) 482-3693, or 
Whitley Herndon at (202) 482-6274, Office II, 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 a countervailing duty (CVD) Petition concerning imports of 
certain uncoated groundwood paper (UGW paper) from Canada, filed in 
proper form on behalf of North Pacific Paper Company (NORPAC, or the 
petitioner).\1\ The CVD Petition was accompanied by an antidumping duty 
(AD) Petition concerning imports of UGW paper from Canada. The 
petitioner is a domestic producer of UGW paper.\2\
---------------------------------------------------------------------------

    \1\ See Letter from the petitioner re: ``Petitions for the 
Imposition of Antidumping and Countervailing Duties on Uncoated 
Groundwood Paper from Canada,'' dated August 9, 2017 (the Petition).
    \2\ Id., Volume I of the Petition, at 1.
---------------------------------------------------------------------------

    On August 11 and 14, 2017, the Department requested supplemental 
information pertaining to certain areas of the Petition.\3\ The 
petitioner filed responses to these requests on August 15 and 16, 
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.
---------------------------------------------------------------------------

    \3\ See Department Letter re: 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 
Department Letter re: Petition for the Imposition of Countervailing 
Duties on Imports of Certain Uncoated Groundwood Paper from Canada, 
dated August 14, 2017.
    \4\ See Letter from the petitioner re: Certain Uncoated 
Groundwood Paper from Canada/Responses to Supplemental Questions on 
the Injury Volume of the Petitions, dated August 15, 2017 (General 
Issues Supplemental Response); see also Letter from the petitioner 
re: Certain Uncoated Groundwood Paper from Canada/Petitioner's 
Responses to Supplemental Questions on the Countervailing Duty 
Volume of the Petition, dated August 16, 2017 (CVD Supplement).
    \5\ See Memorandum, ``Phone Call with Counsel to the 
Petitioner,'' dated August 17, 2017 (Scope Phone Call).
    \6\ See Letter from the petitioner re: Certain Uncoated 
Groundwood Paper from Canada/Further Revisions to The Scope 
Language, dated August 21, 2017 (Scope Revision Letter).
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of Canada 
(GOC) and the provincial governments of Alberta (GOA), British Colombia 
(GBS), Newfoundland and Labrador (GNL), Ontario (GOO), Quebec (GOQ), 
and New Brunswick (GNB) are providing countervailable subsidies, within 
the meaning of sections 701 and 771(5) of the Act, to imports of UGW 
paper from Canada 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 702(b)(1) of 
the Act, for those alleged programs on which we are initiating a CVD 
investigation, 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 CVD investigation that the petitioner 
is requesting.\7\
---------------------------------------------------------------------------

    \7\ See the ``Determination of Industry Support for the 
Petition'' section, below.
---------------------------------------------------------------------------

Period of Investigation

    Because the Petition was filed on August 9, 2017, the period of 
investigation (POI) is January 1, 2016, through December 31, 2016.

[[Page 41604]]

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\
---------------------------------------------------------------------------

    \8\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplemental Response, and Scope Revision Letter.
---------------------------------------------------------------------------

    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 the interested parties prior to the issuance of the 
preliminary determination. 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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    The Department requests that any factual information the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, the 
Department notified representatives of the GOC of the receipt of the 
Petition, and provided them the opportunity for consultations with 
respect to the CVD Petition.\13\ Consultations with the GOC were held 
at the Department of Commerce on August 23, 2017.\14\
---------------------------------------------------------------------------

    \13\ See Letter to the Embassy of Canada re: Uncoated Groundwood 
Paper from Canada: Invitation for Consultations to Discuss the 
Countervailing Duty Petition, dated August 10, 2017.
    \14\ See Memorandum, ``Countervailing Duty Petition on Certain 
Uncoated Groundwood Paper from Canada: GOC Consultations,'' dated 
August 24, 2017.
---------------------------------------------------------------------------

Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(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,\15\ 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.\16\
---------------------------------------------------------------------------

    \15\ See section 771(10) of the Act.
    \16\ 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)).
---------------------------------------------------------------------------

    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.\17\
---------------------------------------------------------------------------

    \17\ For a discussion of the domestic like product analysis as 
applied to this case, see Countervailing Duty Investigation 
Initiation Checklist: Certain Uncoated Groundwood Paper from Canada 
(CVD 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.

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

[[Page 41605]]

    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 702(c)(4)(D) of the Act, we 
polled the industry.\18\
---------------------------------------------------------------------------

    \18\ Id.
---------------------------------------------------------------------------

    On August 10, 2017, we issued polling questionnaires to all known 
producers of UGW paper, identified in the Petition.\19\ 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.\20\ On August 23, 2017, in consultations with the 
Department held with respect to the CVD Petition, the GOC provided 
comments on industry support.\21\
---------------------------------------------------------------------------

    \19\ See Volume I of the Petition, at Exhibit I-8; see also 
Memorandum, ``Certain Uncoated Groundwood Paper from Canada: Polling 
Questionnaire,'' dated August 14, 2017.
    \20\ For a detailed discussion of the responses received, see 
CVD 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.
    \21\ 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.
---------------------------------------------------------------------------

    Section 702(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 opposition 
pursuant to section 702(c)(4)(B) of the Act. When the position in 
opposition to the petition is disregarded, the industry support 
requirements of section 702(c)(4)(A) of the Act are satisfied.\22\
---------------------------------------------------------------------------

    \22\ See CVD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------

    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.\23\ Therefore, 
the Department determines that the petitioner filed this Petition on 
behalf of the domestic industry in accordance with section 702(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 CVD investigation that it is requesting the 
Department initiate.\24\
---------------------------------------------------------------------------

    \23\ Id.
    \24\ Id.
---------------------------------------------------------------------------

Injury Test

    Because Canada is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from Canada materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\25\
---------------------------------------------------------------------------

    \25\ See Volume I of the Petition, at 19 and Exhibit I-12.
---------------------------------------------------------------------------

    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.\26\ 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.\27\
---------------------------------------------------------------------------

    \26\ See Volume I of the Petition, at 17-28, Exhibit I-3, 
Exhibit I-6, and Exhibits I-11 through I-17.
    \27\ See CVD 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.
---------------------------------------------------------------------------

Initiation of CVD Investigation

    Based on the examination of the CVD Petition, we find that the 
Petition meets the requirements of section 702 of the Act. Therefore we 
are initiating a CVD investigation to determine whether imports of UGW 
paper from Canada benefit from countervailable subsidies conferred by 
the government of Canada. In accordance with section 703(b)(1) of the 
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determination no later than 65 days after the date of this 
initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD laws were made.\28\ 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.\29\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to this CVD 
investigation.\30\
---------------------------------------------------------------------------

    \28\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \29\ 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) (Applicability Notice). 
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \30\ See Applicability Notice, 80 FR at 46794-95.

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

[[Page 41606]]

Subsidy Allegations

    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 63 of the 65 
alleged programs. For a full discussion of the basis for our decision 
to initiate, or not initiate, on each program, see the CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    The petitioner named seven companies as producers/exporters of UGW 
paper in Canada.\31\ Following standard practice in CVD investigations, 
in the event the Department determines that the number of companies 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 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.
---------------------------------------------------------------------------

    \31\ See Volume I of the Petition at Exhibit I-9.
---------------------------------------------------------------------------

    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 on the date noted above. 
If respondent selection is necessary, within 20 days of publication of 
this notice, we intend to make our decision regarding respondent 
selection based upon comments received from interested parties and our 
analysis of the record information.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(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 
702(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.\32\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
---------------------------------------------------------------------------

    \32\ See section 733(a) of the Act.
---------------------------------------------------------------------------

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 
\33\ 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.\34\ 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.
---------------------------------------------------------------------------

    \33\ See 19 CFR 351.301(b).
    \34\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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 expires. 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.\35\ 
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.\36\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
---------------------------------------------------------------------------

    \35\ See section 782(b) of the Act.
    \36\ 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.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On

[[Page 41607]]

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 702(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.\37\
---------------------------------------------------------------------------

    \37\ 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.
---------------------------------------------------------------------------

    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. 2017-18727 Filed 8-31-17; 8:45 am]
 BILLING CODE 3510-DS-P

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

41604 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Scope of the Investigation Duty Centralized Electronic Service the petition, as required by The product covered by this System (ACCESS).12 An electronically subparagraph (A); or (ii) determine investigation is UGW paper from filed document must be received industry support using a statistically Canada. For a full description of the successfully in its entirety by the time valid sampling method to poll the scope of this investigation, see the and date it is due. Documents exempted ‘‘industry.’’ ‘‘Scope of the Investigation,’’ in the from the electronic submission Section 771(4)(A) of the Act defines Appendix to this notice. requirements must be filed manually the ‘‘industry’’ as the producers as a (i.e., in paper form) with Enforcement whole of a domestic like product. Thus, Comments on Scope of the Investigation and Compliance’s APO/Dockets Unit, to determine whether a petition has the During our review of the Petition, the Room 18022, U.S. Department of requisite industry support, the statute Department issued questions to, and Commerce, 1401 Constitution Avenue directs the Department to look to received responses from, the petitioner NW., Washington, DC 20230, and producers and workers who produce the pertaining to the proposed scope to stamped with the date and time of domestic like product. The International ensure that the scope language in the receipt by the applicable deadlines. Trade Commission (ITC), which is Petition would be an accurate reflection Consultations responsible for determining whether of the products for which the domestic ‘‘the domestic industry’’ has been industry is seeking relief.8 Pursuant to sections 702(b)(4)(A)(i) injured, must also determine what As discussed in the preamble to the and (ii) of the Act, the Department constitutes a domestic like product in Department’s regulations, we are setting notified representatives of the GOC of order to define the industry. While both aside a period for interested parties to the receipt of the Petition, and provided the Department and the ITC must apply raise issues regarding product coverage them the opportunity for consultations the same statutory definition regarding (scope).9 The Department will consider with respect to the CVD Petition.13 the domestic like product,15 they do so all comments received from interested Consultations with the GOC were held for different purposes and pursuant to a parties and, if necessary, will consult at the Department of Commerce on separate and distinct authority. In with the interested parties prior to the August 23, 2017.14 addition, the Department’s issuance of the preliminary Determination of Industry Support for determination is subject to limitations of determination. If scope comments the Petition time and information. Although this include factual information,10 all such may result in different definitions of the factual information should be limited to Section 702(b)(1) of the Act requires that a petition be filed on behalf of the like product, such differences do not public information. To facilitate render the decision of either agency preparation of its questionnaires, the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets contrary to law.16 Department requests all interested Section 771(10) of the Act defines the parties to submit such comments by this requirement if the domestic producers or workers who support the domestic like product as ‘‘a product 5:00 p.m. Eastern Time (ET) on Monday, which is like, or in the absence of like, September 18, 2017, which is 20 petition account for: (i) At least 25 percent of the total production of the most similar in characteristics and uses calendar days from the signature date of with, the article subject to an this notice. Any rebuttal comments, domestic like product; and (ii) more than 50 percent of the production of the investigation under this title.’’ Thus, the which may include factual information, reference point from which the must be filed by 5:00 p.m. ET on domestic like product produced by that portion of the industry expressing domestic like product analysis begins is Thursday, September 28, 2017, which is ‘‘the article subject to an investigation’’ 10 calendar days from the initial support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) (i.e., the class or kind of merchandise to comments deadline.11 be investigated, which normally will be The Department requests that any of the Act provides that, if the petition does not establish support of domestic the scope as defined in the Petition). factual information the parties consider With regard to the domestic like relevant to the scope of the investigation producers or workers accounting for more than 50 percent of the total product, the petitioner does not offer a be submitted during this time period. definition of the domestic like product However, if a party subsequently finds production of the domestic like product, the Department shall: (i) Poll the distinct from the scope of the that additional factual information investigation. Based on our analysis of pertaining to the scope of the industry or rely on other information in order to determine if there is support for the information submitted on the investigation may be relevant, the party record, we have determined that UGW may contact the Department and request paper, as defined in the scope, 12 See Antidumping and Countervailing Duty permission to submit the additional Proceedings: Electronic Filing Procedures; constitutes a single domestic like information. All such comments must Administrative Protective Order Procedures, 76 FR product and we have analyzed industry be filed on the records of the concurrent 39263 (July 6, 2011), see also Enforcement and support in terms of that domestic like AD and CVD investigations. Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details product.17 Filing Requirements of the Department’s electronic filing requirements, which went into effect on August 5, 2011. 15 See section 771(10) of the Act. All submissions to the Department Information on help using ACCESS can be found at 16 See USEC, Inc. v. United States, 132 F. Supp. must be filed electronically using https://access.trade.gov/help.aspx, and a handbook 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. Enforcement and Compliance’s can be found at https://access.trade.gov/help/ v. United States, 688 F. Supp. 639, 644 (CIT 1988), Handbook%20on%20Electronic%20Filling%20 aff’d 865 F.2d 240 (Fed. Cir. 1989)). Antidumping Duty and Countervailing Procedures.pdf. 17 For a discussion of the domestic like product sradovich on DSK3GMQ082PROD with NOTICES 13 See Letter to the Embassy of Canada re: 8 See General Issues Supplemental Questionnaire; analysis as applied to this case, see Countervailing Uncoated Groundwood Paper from Canada: Duty Investigation Initiation Checklist: Certain see also General Issues Supplemental Response, Invitation for Consultations to Discuss the Uncoated Groundwood Paper from Canada (CVD and Scope Revision Letter. Countervailing Duty Petition, dated August 10, Initiation Checklist), at Attachment II, Analysis of 9 See Antidumping Duties; Countervailing Duties; 2017. Industry Support for the Petitions Covering Certain Final Rule, 62 FR 27296, 27323 (May 19, 1997). 14 See Memorandum, ‘‘Countervailing Duty Uncoated Groundwood Paper from Canada 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual Petition on Certain Uncoated Groundwood Paper (Attachment II). This checklist is dated information’’). from Canada: GOC Consultations,’’ dated August concurrently with this notice and on file 11 See 19 CFR 351.303(b). 24, 2017. electronically via ACCESS. Access to documents VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41605 Based on information provided in the is related to such an importer under The petitioner contends that the Petition, the share of total estimated section 771(4)(B)(ii) of the Act. industry’s injured condition is U.S. production of the domestic like We received objection to the Petition illustrated by a significant volume of product in calendar year 2016 from those that produce domestic like subject imports and significant increase represented by the petitioner did not product and are related to a foreign in the volume of subject imports relative account for more than 50 percent of the producer of subject merchandise and/or to U.S. consumption; reduced market total production of the domestic like who imported subject merchandise from share; underselling and price product. Therefore, in accordance with Canada. We have analyzed the suppression or depression; lost sales section 702(c)(4)(D) of the Act, we information provided in the polling and revenues; adverse effects on polled the industry.18 questionnaire responses and production, capacity utilization, U.S. On August 10, 2017, we issued information provided in other shipments, and employment; declines polling questionnaires to all known submissions to the Department. Based in financial performance; and capacity producers of UGW paper, identified in on our analysis, we disregarded the closures and conversions.26 We have the Petition.19 We requested that each opposition pursuant to section assessed the allegations and supporting company complete the polling 702(c)(4)(B) of the Act. When the evidence regarding material injury, questionnaire and certify its response by position in opposition to the petition is threat of material injury, and causation, the due date specified in the cover letter disregarded, the industry support and we have determined that these to the questionnaire.20 On August 23, requirements of section 702(c)(4)(A) of allegations are properly supported by 2017, in consultations with the the Act are satisfied.22 adequate evidence and meet the Department held with respect to the The data collected demonstrate that statutory requirements for initiation.27 CVD Petition, the GOC provided the domestic producers of UGW paper comments on industry support.21 which support the Petition account for Initiation of CVD Investigation Section 702(c)(4)(B) of the Act states at least 25 percent of the total Based on the examination of the CVD that (i) the Department ‘‘shall disregard production of the domestic like product Petition, we find that the Petition meets the position of domestic producers who and, once the opposition is disregarded, the requirements of section 702 of the oppose the petition if such producers account for more than 50 percent of the Act. Therefore we are initiating a CVD are related to foreign producers, as production of the domestic like product investigation to determine whether defined in section 771(4)(B)(ii), unless produced by that portion of the industry imports of UGW paper from Canada such domestic producers demonstrate expressing support for, or opposition to, benefit from countervailable subsidies that their interests as domestic the Petition.23 Therefore, the conferred by the government of Canada. producers would be adversely affected Department determines that the In accordance with section 703(b)(1) of by the imposition of an antidumping petitioner filed this Petition on behalf of the Act and 19 CFR 351.205(b)(1), duty order;’’ and (ii) the Department the domestic industry in accordance unless postponed, we will make our ‘‘may disregard the position of domestic with section 702(b)(1) of the Act preliminary determination no later than producers of a domestic like product because it is an interested party as 65 days after the date of this initiation. who are importers of the subject defined in section 771(9)(C) of the Act Under the Trade Preferences merchandise.’’ In addition, 19 CFR and it has demonstrated sufficient Extension Act of 2015, numerous 351.203(e)(4) states that the position of industry support with respect to the amendments to the AD and CVD laws a domestic producer that opposes the CVD investigation that it is requesting were made.28 The 2015 law does not petition (i) will be disregarded if such the Department initiate.24 specify dates of application for those producer is related to a foreign producer amendments. On August 6, 2015, the Injury Test or to a foreign exporter under section Department published an interpretative 771(4)(B)(ii) of the Act, unless such Because Canada is a ‘‘Subsidies Agreement Country’’ within the rule, in which it announced the domestic producer demonstrates to the meaning of section 701(b) of the Act, applicability dates for each amendment Secretary’s satisfaction that its interests section 701(a)(2) of the Act applies to to the Act, except for amendments as a domestic producer would be this investigation. Accordingly, the ITC contained in section 771(7) of the Act, adversely affected by the imposition of must determine whether imports of the which relate to determinations of an antidumping order; and (ii) may be subject merchandise from Canada material injury by the ITC.29 The disregarded if the producer is an materially injure, or threaten material amendments to sections 776 and 782 of importer of the subject merchandise or injury to, a U.S. industry. the Act are applicable to all filed via ACCESS is also available in the Central determinations made on or after August Records Unit (CRU), Room B8024 of the main Allegations and Evidence of Material 6, 2015, and, therefore, apply to this Department of Commerce building. Injury and Causation CVD investigation.30 18 Id. The petitioner alleges that imports of 19 See Volume I of the Petition, at Exhibit I–8; see also Memorandum, ‘‘Certain Uncoated the subject merchandise are benefitting 26 See Volume I of the Petition, at 17–28, Exhibit from countervailable subsidies and that I–3, Exhibit I–6, and Exhibits I–11 through I–17. Groundwood Paper from Canada: Polling 27 See CVD Initiation Checklist, at Attachment III, Questionnaire,’’ dated August 14, 2017. such imports are causing, or threaten to Analysis of Allegations and Evidence of Material 20 For a detailed discussion of the responses cause, material injury to the U.S. Injury and Causation for the Antidumping and received, see CVD Initiation Checklist, at industry producing the domestic like Attachment II. The polling questionnaire and Countervailing Duty Petitions Covering Certain questionnaire responses are on file electronically product. In addition, the petitioner Uncoated Groundwood Paper from Canada. via ACCESS and can also be accessed through the alleges that subject imports exceed the 28 See Trade Preferences Extension Act of 2015, sradovich on DSK3GMQ082PROD with NOTICES CRU. negligibility threshold provided for Public Law 114–27, 129 Stat. 362 (2015). 21 See Memorandum, ‘‘Countervailing Duty 29 See Dates of Application of Amendments to the under section 771(24)(A) of the Act.25 Antidumping and Countervailing Duty Laws Made Petition on Certain Uncoated Groundwood Paper from Canada: GOC Consultations,’’ dated August by the Trade Preferences Extension Act of 2015, 80 22 See CVD Initiation Checklist, at Attachment II. 24, 2017; and letter from the GOC re: ‘‘Uncoated FR 46793 (August 6, 2015) (Applicability Notice). 23 Id. The 2015 amendments may be found at https:// Groundwood Paper from Canada: Submission of Consultations Paper,’’ dated August 25, 2017. For 24 Id. www.congress.gov/bill/114th-congress/house-bill/ a discussion of the GOC’s comments, see the AD 25 See Volume I of the Petition, at 19 and Exhibit 1295/text/pl. Initiation Checklist, at Attachment II. I–12. 30 See Applicability Notice, 80 FR at 46794–95. VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

41606 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Subsidy Allegations Distribution of Copies of the Petition Extensions of Time Limits Based on our review of the Petition, In accordance with section Parties may request an extension of we find that there is sufficient 702(b)(4)(A)(i) of the Act and 19 CFR time limits before the expiration of a information to initiate a CVD 351.202(f), copies of the public version time limit established under 19 CFR investigation on 63 of the 65 alleged of the Petition have been provided to 351.301, or as otherwise specified by the programs. For a full discussion of the the GOC via ACCESS. To the extent Secretary. In general, an extension basis for our decision to initiate, or not practicable, we will attempt to provide request will be considered untimely if it initiate, on each program, see the CVD a copy of the public version of the is filed after the expiration of the time Initiation Checklist. A public version of Petition to each exporter named in the limit established under 19 CFR 351.301 the initiation checklist for this expires. For submissions that are due Petition, as provided under 19 CFR investigation is available on ACCESS. from multiple parties simultaneously, 351.203(c)(2). In accordance with section 703(b)(1) an extension request will be considered of the Act and 19 CFR 351.205(b)(1), ITC Notification untimely if it is filed after 10:00 a.m. ET unless postponed, we will make our on the due date. Under certain We will notify the ITC of our circumstances, we may elect to specify preliminary determination no later than initiation, as required by section 702(d) a different time limit by which 65 days after the date of this initiation. of the Act. extension requests will be considered Respondent Selection untimely for submissions which are due Preliminary Determination by the ITC The petitioner named seven from multiple parties simultaneously. In companies as producers/exporters of The ITC will preliminarily determine, such a case, we will inform parties in UGW paper in Canada.31 Following within 45 days after the date on which the letter or memorandum setting forth standard practice in CVD investigations, the Petition was filed, whether there is the deadline (including a specified time) in the event the Department determines a reasonable indication that imports of by which extension requests must be that the number of companies is large, UGW paper from Canada are materially filed to be considered timely. An the Department intends to review U.S. injuring, or threatening material injury extension request must be made in a Customs and Border Protection (CBP) to, a U.S. industry. A negative ITC separate, stand-alone submission; under data for U.S. imports of UGW paper determination will result in the limited circumstances we will grant during the POI under the appropriate investigation being terminated.32 untimely-filed requests for the extension Harmonized Tariff Schedule of the Otherwise, this investigation will of time limits. Parties should review United States subheadings, and if it proceed according to statutory and Extension of Time Limits; Final Rule, 78 determines that it cannot individually regulatory time limits. FR 57790 (September 20, 2013), examine each company based upon the available at http://www.gpo.gov/fdsys/ Submission of Factual Information pkg/FR-2013-09-20/html/2013- Department’s resources, then the Department will select respondents Factual information is defined in 19 22853.htm, prior to submitting factual based on those data. We intend to CFR 351.102(b)(21) as: (i) Evidence information in this investigation. release CBP data under Administrative submitted in response to questionnaires; Certification Requirements Protective Order (APO) to all parties (ii) evidence submitted in support of Any party submitting factual with access to information protected by allegations; (iii) publicly available information in an AD or CVD APO within five business days of the information to value factors under 19 proceeding must certify to the accuracy announcement of the initiation of this CFR 351.408(c) or to measure the and completeness of that information.35 investigation. Interested parties must adequacy of remuneration under 19 CFR Parties are hereby reminded that revised submit applications for disclosure under 351.511(a)(2); (iv) evidence placed on certification requirements are in effect APO in accordance with 19 CFR the record by the Department; and (v) for company/government officials, as 351.305(b). Instructions for filing such evidence other than factual information well as their representatives. applications may be found on the described in (i)–(iv). 19 CFR 351.301(b) Investigations initiated on the basis of Department’s Web site at http:// requires any party, when submitting petitions filed on or after August 16, enforcement.trade.gov/apo. factual information, to specify under 2013, and other segments of any AD or Interested parties may submit which subsection of 19 CFR CVD proceedings initiated on or after comments regarding the CBP data and 351.102(b)(21) the information is being August 16, 2013, should use the formats respondent selection by 5:00 p.m. ET submitted 33 and, if the information is for the revised certifications provided at three calendar days after publication. submitted to rebut, clarify, or correct the end of the Final Rule.36 The The Department will not accept rebuttal factual information already on the Department intends to reject factual comments regarding the CBP data or record, to provide an explanation submissions if the submitting party does respondent selection. identifying the information already on not comply with the applicable revised Comments must be filed the record that the factual information certification requirements. electronically using ACCESS. An seeks to rebut, clarify, or correct.34 Time electronically filed document must be limits for the submission of factual Notification to Interested Parties received successfully, in its entirety, by information are addressed in 19 CFR Interested parties must submit ACCESS no later than 5:00 p.m. ET on 351.301, which provides specific time applications for disclosure under APO the date noted above. If respondent limits based on the type of factual in accordance with 19 CFR 351.305. On sradovich on DSK3GMQ082PROD with NOTICES selection is necessary, within 20 days of information being submitted. Interested publication of this notice, we intend to parties should review the regulations 35 See section 782(b) of the Act. make our decision regarding respondent prior to submitting factual information 36 See Certification of Factual Information to selection based upon comments in this investigation. Import Administration During Antidumping and received from interested parties and our Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked analysis of the record information. 32 See section 733(a) of the Act. questions regarding the Final Rule, available at 33 See 19 CFR 351.301(b). http://enforcement.trade.gov/tlei/notices/factual_ 31 See Volume I of the Petition at Exhibit I–9. 34 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 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41607 January 22, 2008, the Department 4805.91.7000, and 4805.91.9000. Although interested party status under section published Antidumping and the HTSUS subheadings are provided for 771(9)(C) of the Act, as a manufacturer Countervailing Duty Proceedings: convenience and customs purposes, the in the United States of a domestic like written description of the merchandise is product. On May 25, 2017, the Documents Submission Procedures; dispositive. APO Procedures, 73 FR 3634 (January petitioner filed its Substantive Response 22, 2008). Parties wishing to participate [FR Doc. 2017–18727 Filed 8–31–17; 8:45 am] in the sunset review within the 30-day in this investigation should ensure that BILLING CODE 3510–DS–P deadline, as specified in 19 CFR they meet the requirements of these 351.218(d)(3).4 The Department procedures (e.g., the filing of letters of received no substantive responses from appearance as discussed at 19 CFR DEPARTMENT OF COMMERCE respondent interested parties. As a 351.103(d)). result, pursuant to section 751(c)(3)(B) International Trade Administration This notice is issued and published of the Act and 19 CFR pursuant to sections 702(c)(2) and 777(i) [A–570–977] 351.218(e)(1)(ii)(C)(2), the Department of the Act and 19 CFR 351.203(c). conducted an expedited sunset review High Pressure Steel Cylinders From of the AD Order. Dated: August 29, 2017. the People’s Republic of China: Final Gary Taverman, Results of the Expedited First Sunset Scope of the Order Deputy Assistant Secretary for Antidumping Review of the Antidumping Duty Order The merchandise covered by the and Countervailing Duty Operations, Order is seamless steel cylinders performing the non-exclusive functions and AGENCY: Enforcement and Compliance, designed for storage or transport of duties of the Assistant Secretary for International Trade Administration, Enforcement and Compliance. compressed or liquefied gas (high Department of Commerce. pressure steel cylinders). High pressure Appendix SUMMARY: As a result of this sunset steel cylinders are fabricated of chrome review, the Department of Commerce alloy steel including, but not limited to, Scope of the Investigation (the Department) finds that revocation chromium-molybdenum steel or The merchandise covered by this of the antidumping duty order on investigation includes certain paper that has chromium magnesium steel, and have certain high pressure steel cylinders permanently impressed into the steel, not been coated on either side and with 50 percent or more of the cellulose fiber content (HPSCs) from the People’s Republic of either before or after importation, the consisting of groundwood pulp, including China (PRC) would be likely to lead to symbol of a U.S. Department of groundwood pulp made from recycled paper, continuation or recurrence of dumping Transportation, Pipeline and Hazardous weighing not more than 90 grams per square at the levels indicated in the ‘‘Final Materials Safety Administration (DOT)- meter. Groundwood pulp includes all forms Results of Review’’ section of this approved high pressure steel cylinder of pulp produced from a mechanical pulping notice. manufacturer, as well as an approved process, such as thermo-mechanical process DATES: Applicable August 28, 2017. DOT type marking of DOT 3A, 3AX, (TMP), chemi-thermo mechanical process (CTMP), bleached chemi-thermo mechanical FOR FURTHER INFORMATION CONTACT: 3AA, 3AAX, 3B, 3E, 3HT, 3T, or DOT– process (BCTMP) or any other mechanical Kenneth Hawkins, AD/CVD Operations, E (followed by a specific exemption pulping process. The scope includes paper Enforcement and Compliance, number) in accordance with the shipped in any form, including but not International Trade Administration, requirements of sections 178.36 through limited to both rolls and sheets. U.S. Department of Commerce, 1401 178.68 of Title 49 of the Code of Federal Certain uncoated groundwood paper Regulations, or any subsequent includes but is not limited to standard Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6491. amendments thereof. High pressure newsprint, high bright newsprint, book steel cylinders covered by the Order publishing, directory, and printing and SUPPLEMENTARY INFORMATION: writing papers. The scope includes paper have a water capacity up to 450 liters, that is white, off-white, cream, or colored. Background and a gas capacity ranging from 8 to 702 Specifically excluded from the scope are cubic feet, regardless of corresponding On June 21, 2012, the Department of imports of certain uncoated groundwood service pressure levels and regardless of Commerce (Department) published the paper printed with final content of printed physical dimensions, finish or coatings. text or graphic. Also excluded are papers that notice of the antidumping duty order on Excluded from the scope of the Order otherwise meet this definition, but which high pressure steel cylinders from the are high pressure steel cylinders have undergone a supercalendering PRC.1 On April 3, 2017, the Department manufactured to UN–ISO–9809–1 and 2 process.37 published the notice of initiation of the specifications and permanently Certain uncoated groundwood paper is first sunset review of the AD Order, impressed with ISO or UN symbols. classifiable in the Harmonized Tariff pursuant to section 751(c) of the Tariff Schedule of the United States (HTSUS) in Also excluded from the Order are Act of 1930, as amended (Act).2 On May acetylene cylinders, with or without several subheadings, including 4801.00.0120, 8, 2017, the Department received a 4801.00.0140, 4802.61.1000, 4802.61.2000, internal porous mass, and permanently notice of intent to participate from one impressed with 8A or 8AL in 4802.61.3110, 4802.61.3191, 4802.61.6040, 4802.62.1000, 4802.62.2000, 4802.62.3000, domestic interested party: Norris accordance with DOT regulations. 4802.62.6140, 4802.69.1000, 4802.69.2000, Cylinder Company (the petitioner) Merchandise covered by the Order is and 4802.69.3000. Subject merchandise may within the deadline specified in 19 CFR classified in the Harmonized Tariff also be imported under several additional 351.218(d)(1).3 The petitioner claimed Schedule of the United States (HTSUS) subheadings including 4805.91.5000, under subheading 7311.00.00.30. 1 See High Pressure Steel Cylinders from the Subject merchandise may also enter sradovich on DSK3GMQ082PROD with NOTICES 37 Supercalendering imparts a glossy finish People’s Republic of China: Antidumping Duty Order, 77 FR 37377 (June 21, 2012) (AD Order). under HTSUS subheadings produced by the movement of the paper web through a supercalender which is a stack of 2 See Initiation of Five-Year (Sunset) Review, 82 7311.00.00.60 or 7311.00.00.90. alternating rollers of metal and cotton (or other FR 20314 (May 1, 2017). softer material). The supercalender runs at high 3 See High Pressure Steel Cylinders from the 4 See Letter to the Secretary from the petitioner, speed and applies pressure, heat, and friction People’s Republic of China; Notice of Appearance High Pressure Steel Cylinders from the People’s which glazes the surface of the paper, imparting and of Intent to Participate on Behalf of the Republic of China’ Substantive Response to Notice gloss to the surface and increasing the paper’s petitioner, Norris Cylinder Company in Sunset of Initiation of Norris Cylinder Company (May 25, smoothness and density. Review of Antidumping Duty Order (May 8, 2017). 2017) (Substantive Response). VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1


Document Created: 2017-09-01 01:50:55
Document Modified: 2017-09-01 01:50:55
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.
ContactDavid Crespo at (202) 482-3693, or Whitley Herndon at (202) 482-6274, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 41603 
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR