82 FR 55348 - Certain Tissue Paper Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 223 (November 21, 2017)
International Trade Administration
Federal Register Volume 82, Issue 223 (November 21, 2017)
| Page Range | 55348-55350 | |
| FR Document | 2017-25174 |
[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)] [Notices] [Pages 55348-55350] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25174] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-894] Certain Tissue Paper Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on certain tissue paper products (tissue paper) from the People's Republic of China (PRC) for the period of review (POR) March 1, 2016, through February 28, 2017. We preliminarily determine that mandatory respondent Global Key, Inc. (Global Key) is not eligible for a separate rate and, therefore, remains part of the PRC-wide entity. We also preliminarily determine that mandatory respondent Chung Rhy Special Paper Mill Co., Ltd. (Chung Rhy) had no shipments during the POR. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping (AD) duties on all appropriate entries of subject merchandise. Interested parties are invited to comment on these preliminary results. DATES: Applicable November 21, 2017. FOR FURTHER INFORMATION CONTACT: Brian Smith or Sergio Balbontin, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-6478, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the order is certain tissue paper products. The merchandise subject to the order is classifiable under subheadings: 4802.30, 4802.54, 4802.61, 4802.62, 4802.69, 4804.31.1000, 4804.31.2000, 4804.31.4020, 4804.31.4040, 4804.31.6000, 4804.39, 4805.91.1090, 4805.91.5000, 4805.91.7000, 4806.40, 4808.30, 4808.90, 4811.90, 4823.90, 4802.50.00, 4802.90.00, 4805.91.90, 9505.90.40.2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043 and 2003.10.0047 of the Harmonized Tariff Schedule of the United States (HTSUS). [[Page 55349]] Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.\1\ --------------------------------------------------------------------------- \1\ See Memorandum from James Maeder, Senior Director, performing the duties of the Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to 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, ``Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Tissue Paper Products from the People's Republic of China; 2016-2017,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Preliminary Determination of No Shipments Based on Chung Rhy's timely submitted certification \2\ and information from CBP,\3\ we preliminarily determine that Chung Rhy had no exports, sales, shipments, or entries of subject merchandise to the United States during the POR. In addition, the Department finds that, consistent with its assessment practice in non-market economy (NME) cases, it is appropriate not to rescind the review in part in these circumstances, but to complete the review with respect to Chung Rhy and issue appropriate instructions to CBP based on the final results of the review.\4\ For additional information regarding this determination, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \2\ See Letter from Chung Rhy, ``Antidumping Duty Administrative Review on Certain Tissue Paper Products from China (A-570-894) for the Period from March 1, 2016 to February 28, 2017,'' dated May 31, 2017 (No Shipment Certification). \3\ See Memorandum, ``No Shipment Inquiry for Chung Rhy Specialty Paper Mfg. Co., during the period 03/01/2016-02/28/2017,'' dated August 4, 2017. \4\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment Notice''); see also ``Assessment Rates'' section below. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act). Because Global Key did not respond to our AD questionnaire, we preliminarily determine that Global Key has not demonstrated its eligibility for a separate rate, and accordingly, we are preliminarily treating Global Key as part of the PRC-wide entity. The Department's policy regarding conditional review of the PRC- wide entity applies to this administrative review.\5\ Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review, and the entity's current rate, i.e., 112.64 percent,\6\ is not subject to change. --------------------------------------------------------------------------- \5\ See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). \6\ See Notice of Amended Final Determination of Sales at Less than Fair Value and Antidumping Duty Order: Certain Tissue Paper Products from the People's Republic of China, 70 FR 16223 (March 30, 2005). See also Certain Tissue Paper Products from the People's Republic of China: Final Results of the 2008-2009 Antidumping Duty Administrative Review, 75 FR 63806, 63809 (October 18, 2010), and accompanying Issues and Decision Memorandum, ``Issues and Decision Memorandum for the Final Results of the 2008-2009 Administrative Review of Certain Tissue Paper Products from the People's Republic of China (PRC).'' --------------------------------------------------------------------------- For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Disclosure Normally, the Department will disclose the calculations used in its analysis to parties in this review within five days of the date of publication of the notice of preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, in this case, there are no calculations to disclose. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the publication of these preliminary results, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this review are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. The Department intends to issue the final results of this administrative review, which will include the results of our analysis of the issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, AD duties on all appropriate entries covered by this review.\8\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. If the Department continues to find Global Key as part of the PRC-wide entity in the final results, the Department will instruct CBP to liquidate POR entries of subject merchandise from this company at the PRC-wide rate of 112.64 percent. Moreover, if the Department continues to make a no-shipment finding for Chung Rhy in the final results, any suspended entries of subject merchandise from Chung Rhy will also be liquidated at the PRC-wide rate.\9\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.212(b). \9\ See Assessment Notice. --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this [[Page 55350]] administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity, 112.64 per cent; and (3) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: November 15, 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 List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology a. Preliminary Determination of No Shipments b. NME Country Status c. Separate Rates 5. Recommendation [FR Doc. 2017-25174 Filed 11-20-17; 8:45 am] BILLING CODE 3510-DS-P
![55348 Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices
the quality, utility, and clarity of the impairments may also follow the DEPARTMENT OF COMMERCE
information to be collected; and (4) proceedings by first calling the Federal
ways to minimize the burden of the Relay Service at 1–800–977–8339 and International Trade Administration
collection of information on providing the Service with the [A–570–894]
respondents, including the use of conference call number and conference
automated, electronic, mechanical, or ID number. Certain Tissue Paper Products From
other technological collection the People’s Republic of China:
Members of the public are entitled to
techniques or other forms of information Preliminary Results of Antidumping
technology. make comments during the open period
Duty Administrative Review and
All comments received in response to at the end of the meeting. Members of
Preliminary Determination of No
this notice, including names and the public may also submit written
Shipments; 2016–2017
addresses when provided, will be a comments; the comments must be
matter of public record. Comments will received in the Regional Programs Unit AGENCY: Enforcement and Compliance,
be summarized and included in the within 30 days following the meeting. International Trade Administration,
request for Office of Management and Written comments may be mailed to the Department of Commerce.
Budget approval. Western Regional Office, U.S. SUMMARY: The Department of Commerce
Dated: November 3, 2017. Commission on Civil Rights, 300 North (Department) is conducting an
Los Angeles Street, Suite 2010, Los administrative review of the
Antoine L. Dixon,
Angeles, CA 90012. They may be faxed antidumping duty order on certain
Chief Financial Officer (CFO).
to the Commission at (213) 894–0508, or tissue paper products (tissue paper)
[FR Doc. 2017–25113 Filed 11–20–17; 8:45 am] from the People’s Republic of China
emailed to Angelica Trevino at
BILLING CODE 3411–15–P
atrevino@usccr.gov. Persons who desire (PRC) for the period of review (POR)
additional information may contact the March 1, 2016, through February 28,
Regional Programs Unit at (213) 894– 2017. We preliminarily determine that
COMMISSION ON CIVIL RIGHTS mandatory respondent Global Key, Inc.
3437.
(Global Key) is not eligible for a separate
Notice of Public Meeting of the Records and documents discussed rate and, therefore, remains part of the
Montana Advisory Committee during the meeting will be available for PRC-wide entity. We also preliminarily
public viewing prior to and after the determine that mandatory respondent
AGENCY: U.S. Commission on Civil
Rights. meeting at https://facadatabase.gov/ Chung Rhy Special Paper Mill Co., Ltd.
committee/meetings.aspx?cid=259. (Chung Rhy) had no shipments during
ACTION: Announcement of meeting.
Please click on the ‘‘Meeting Details’’ the POR. If these preliminary results are
SUMMARY: Notice is hereby given, and ‘‘Documents’’ links. Records adopted in the final results, the
pursuant to the provisions of the rules generated from this meeting may also be Department will instruct U.S. Customs
and regulations of the U.S. Commission inspected and reproduced at the and Border Protection (CBP) to assess
on Civil Rights (Commission) and the Regional Programs Unit, as they become antidumping (AD) duties on all
Federal Advisory Committee Act available, both before and after the appropriate entries of subject
(FACA) that a meeting of the Montana meeting. Persons interested in the work merchandise. Interested parties are
Advisory Committee (Committee) to the of this Committee are directed to the invited to comment on these
Commission will be held at 11:00 a.m. Commission’s Web site, http:// preliminary results.
(Mountain Time) Thursday, December www.usccr.gov, or may contact the DATES: Applicable November 21, 2017.
14, 2017. The purpose of the meeting is Regional Programs Unit at the above FOR FURTHER INFORMATION CONTACT:
for the Committee to discuss email or street address. Brian Smith or Sergio Balbontin, AD/
preparations to hear testimony on CVD Operations, Office VIII,
border town discrimination. Agenda Enforcement and Compliance,
DATES: The meeting will be held on International Trade Administration,
I. Welcome
Thursday, December 14, 2017, at 11:00 U.S. Department of Commerce, 1401
a.m. MT. II. Approval of minutes from October Constitution Avenue NW., Washington,
Public Call Information: 24, 2017 meeting DC 20230; telephone: (202) 482–1766 or
Dial: 877–440–5788. III. Discussion of panelists and logistics (202) 482–6478, respectively.
Conference ID: 1647618. for hearing testimony on border SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT: town discrimination
Angelica Trevino at atrevino@usccr.gov Scope of the Order
IV. Next Steps
or (213) 894–3437. The merchandise subject to the order
SUPPLEMENTARY INFORMATION: This V. Adjournment is certain tissue paper products. The
meeting is available to the public Dated: November 15, 2017. merchandise subject to the order is
through the following toll-free call-in David Mussatt, classifiable under subheadings: 4802.30,
number: 877–440–5788, conference ID Supervisory Chief, Regional Programs Unit.
4802.54, 4802.61, 4802.62, 4802.69,
number: 1647618. Any interested 4804.31.1000, 4804.31.2000,
[FR Doc. 2017–25149 Filed 11–20–17; 8:45 am]
asabaliauskas on DSKBBXCHB2PROD with NOTICES
member of the public may call this 4804.31.4020, 4804.31.4040,
BILLING CODE P
number and listen to the meeting. 4804.31.6000, 4804.39, 4805.91.1090,
Callers can expect to incur charges for 4805.91.5000, 4805.91.7000, 4806.40,
calls they initiate over wireless lines, 4808.30, 4808.90, 4811.90, 4823.90,
and the Commission will not refund any 4802.50.00, 4802.90.00, 4805.91.90,
incurred charges. Callers will incur no 9505.90.40.2003.10.0027, 2003.10.0031,
charge for calls they initiate over land- 2003.10.0037, 2003.10.0043 and
line connections to the toll-free 2003.10.0047 of the Harmonized Tariff
telephone number. Persons with hearing Schedule of the United States (HTSUS).
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![55350 Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices
administrative review for shipments of DEPARTMENT OF COMMERCE remedy determination being challenged
the subject merchandise from the PRC and issue a binding Panel Decision.
entered, or withdrawn from warehouse, International Trade Administration There are established NAFTA Rules of
for consumption on or after the Procedure for Article 1904 Binational
publication date, as provided by section North American Free Trade Agreement Panel Reviews, which were adopted by
751(a)(2)(C) of the Act: (1) For (NAFTA), Article 1904 Binational Panel the three governments for panels
previously investigated or reviewed PRC Review: Notice of Request for Panel requested pursuant to Article 1904(2) of
and non-PRC exporters not listed above Review NAFTA which requires Requests for
that received a separate rate in a prior AGENCY: United States Section, NAFTA Panel Review to be published in
segment of this proceeding, the cash Secretariat, International Trade accordance with Rule 35. For the
deposit rate will continue to be the Administration, Department of complete Rules, please see https://
existing exporter-specific rate; (2) for all Commerce. www.nafta-sec-alena.org/Home/Texts-
PRC exporters of subject merchandise ACTION: Notice of NAFTA Request for of-the-Agreement/Rules-of-Procedure/
that have not been found to be entitled Panel Review in the matter of Certain Article-1904.
to a separate rate, the cash deposit rate Softwood Lumber Products From The Rules provide that:
will be that for the PRC-wide entity, Canada: Final Affirmative (a) A Party or interested person may
112.64 per cent; and (3) for all non-PRC Countervailing Duty Determination challenge the final determination in
exporters of subject merchandise which (Secretariat File Number: USA–CDA– whole or in part by filing a Complaint
have not received their own rate, the 2017–1904–02). in accordance with Rule 39 within 30
cash deposit rate will be the rate days after the filing of the first Request
applicable to the PRC exporter that SUMMARY: A Request for Panel Review for Panel Review (the deadline for filing
supplied that non-PRC exporter. These was filed on behalf of the Government a Complaint is December 14, 2017);
deposit requirements, when imposed, of Canada, the Government of Alberta, (b) A Party, investigating authority or
shall remain in effect until further the Government of British Columbia, the interested person that does not file a
notice. Government of Manitoba, the Complaint but that intends to appear in
Government of New Brunswick, the support of any reviewable portion of the
Notification to Importers Government of Ontario, the Government final determination may participate in
of Québec, the Government of the panel review by filing a Notice of
This notice also serves as a Saskatchewan, Alberta Softwood
preliminary reminder to importers of Appearance in accordance with Rule 40
Lumber Trade Council (‘‘ASLTC’’), within 45 days after the filing of the first
their responsibility under 19 CFR British Columbia Lumber Trade Council
351.402(f)(2) to file a certificate Request for Panel Review (the deadline
(‘‘BCLTC’’), Conseil de l’Industrie for filing a Notice of Appearance is
regarding the reimbursement of forestiere du Québec (‘‘CIFQ’’), Ontario
antidumping duties prior to liquidation December 29, 2017); and
Forest Industries Association (‘‘OFIA’’), (c) The panel review shall be limited
of the relevant entries during this New Brunswick Lumber Producers
review period. Failure to comply with to the allegations of error of fact or law,
(‘‘NBLP’’), Canfor Corporation including challenges to the jurisdiction
this requirement could result in the (‘‘Canfor’’), J.D. Irving, Limited (‘‘JDI’’),
Department’s presumption that of the investigating authority, that are
Resolute FP Canada Inc. (‘‘Resolute’’), set out in the Complaints filed in the
reimbursement of antidumping duties Tolko Marketing and Sales Ltd. and panel review and to the procedural and
occurred and the subsequent assessment Tolko Industries Ltd. (‘‘Tolko’’), and substantive defenses raised in the panel
of double antidumping duties. West Fraser Mills Ltd. (‘‘West Fraser’’) review.
We are issuing and publishing these with the United States Section of the
Dated: November 15, 2017.
results in accordance with sections NAFTA Secretariat on November 14,
2017, pursuant to NAFTA Article 1904. Paul E. Morris,
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213. Panel Review was requested of the U.S. Secretary, NAFTA Secretariat.
Department of Commerce’s final [FR Doc. 2017–25123 Filed 11–20–17; 8:45 am]
Dated: November 15, 2017.
countervailing duty determination BILLING CODE 3510–DS–P
Gary Taverman, regarding Certain Softwood Lumber
Deputy Assistant Secretary for Antidumping Products from Canada. The final
and Countervailing Duty Operations, determination was published in the DEPARTMENT OF COMMERCE
performing the non-exclusive functions and
Federal Register on November 8, 2017
duties of the Assistant Secretary for International Trade Administration
Enforcement and Compliance. (82 FR 51814). The NAFTA Secretariat
has assigned case number USA–CDA– Subsidy Programs Provided by
Appendix 2017–1904–02 to this request. Countries Exporting Softwood Lumber
FOR FURTHER INFORMATION CONTACT: Paul and Softwood Lumber Products to the
List of Topics Discussed in the Preliminary E. Morris, United States Secretary,
Decision Memorandum United States; Request for Comment
NAFTA Secretariat, Room 2061, 1401
1. Summary Constitution Avenue NW., Washington, AGENCY: Enforcement and Compliance,
2. Background DC 20230, (202) 482–5438. International Trade Administration,
3. Scope of the Order Department of Commerce.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUPPLEMENTARY INFORMATION: Chapter
4. Discussion of the Methodology 19 of Article 1904 of NAFTA provides SUMMARY: The Department of Commerce
a. Preliminary Determination of No a dispute settlement mechanism (Commerce) seeks public comment on
Shipments involving trade remedy determinations any subsidies, including stumpage
b. NME Country Status issued by the Government of the United subsidies, provided by certain countries
c. Separate Rates States, the Government of Canada, and exporting softwood lumber or softwood
5. Recommendation the Government of Mexico. Following a lumber products to the United States
[FR Doc. 2017–25174 Filed 11–20–17; 8:45 am] Request for Panel Review, a Binational during the period January 1, 2017,
BILLING CODE 3510–DS–P Panel is composed to review the trade through June 30, 2017.
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Document Created: 2017-11-21 00:42:49
Document Modified: 2017-11-21 00:42:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable November 21, 2017. | |
| Contact | Brian Smith or Sergio Balbontin, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-6478, respectively. | |
| FR Citation | 82 FR 55348 |
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