83 FR 15129 - Certain Uncoated Paper From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2015-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

The Department of Commerce (Commerce) preliminarily determines that the sole exporter subject to this administrative review has not made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results.

[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15129-15131]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07193]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-828]


Certain Uncoated Paper From Indonesia: Preliminary Results of 
Antidumping Duty Administrative Review; 2015-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the sole exporter subject to this administrative review has not 
made sales of subject merchandise at less than normal value. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable April 9, 2018.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or David Crespo, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6345 or (202) 482-3693, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on certain uncoated paper (uncoated paper) from Indonesia. 
The notice of initiation of this administrative review was published on 
May 9, 2017.\1\ We rescinded the review of PT. Indah Kiat Pulp and 
Paper Tbk, PT. Pabrik Kertas Tjiwi Kimia Tbk, and Pindo Deli Pulp and 
Paper Mills on August 11, 2017.\2\ As a result, this review only covers 
APRIL,\3\ a producer and exporter of the subject merchandise. The POR 
is August 26, 2015, through February 28, 2017.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 21513 (May 9, 2017) (Initiation 
Notice), as corrected by Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 82 FR 26444, 26451 (June 
7, 2017).
    \2\ See Certain Uncoated Paper from Indonesia: Rescission, in 
Part, of Antidumping Duty Administrative Review; 2015-2017, 82 FR 
37565 (August 11, 2017), as corrected by Certain Uncoated Paper from 
Indonesia: Notice of Correction to Rescission, in Part, of 
Antidumping Duty Administrative Review; 2015-2017, 82 FR 44381 
(September 22, 2017).
    \3\ Commerce selected PT Anugerah Kertas Utama, PT Riau Andalan 
Kertas, and APRIL Fine Paper Macao Offshore Limited (collectively, 
APRIL) as a mandatory respondent in this investigation. Further, for 
these preliminary results, Commerce preliminarily has determined to 
collapse, and treat as a single entity, this company and two 
affiliated parties, PT Sateri Viscose International and A P Fine 
Paper Trading (Hong Kong) Limited. See Memorandum, ``Decision 
Memorandum for the Preliminary Results of the 2015-2017 
Administrative Review of the Antidumping Duty Order on Certain 
Uncoated Paper from Indonesia,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum), at 4-6. 
The collapsed entity is hereinafter collectively referred to as 
APRIL.
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through January 
22, 2018. As a result, the revised deadline for the preliminary results 
of this review is now April 3, 2018.\4\
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    \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
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    We preliminarily determine that APRIL has not made sales of subject 
merchandise at less than normal value. If these preliminary results are 
adopted

[[Page 15130]]

in the final results of this review, we will instruct U.S. Customs and 
Border Protection (CBP) not to assess antidumping duties on any of 
APRIL's entries in accordance with the Final Modification for 
Reviews.\5\
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    \5\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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Scope of the Order

    The merchandise subject to the order is certain uncoated paper.\6\ 
The product is currently classified under the following Harmonized 
Tariff Schedule of the United States (HTSUS) item numbers: 
4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 
4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, 
and 4802.57.4000. Some imports of subject merchandise may also be 
classified under 4802.62.1000, 4802.62.2000, 4802.62.3000, 
4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 
4802.69.3000, 4811.90.8050 and 4811.90.9080. Although the HTSUS numbers 
are provided for convenience and for customs purposes, the written 
product description remains dispositive.
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    \6\ For a complete description of the Scope of the Order, see 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 of the Act.
    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 https://access.trade.gov, and to all parties in the 
Central Records Unit, room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as an Appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margin exists for APRIL for the period August 
26, 2015, through February 28, 2017, as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Exporter/producer                          margin
                                                            (percent)
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PT Anugerah Kertas Utama, PT Riau Andalan Kertas, PT               0.00
 Sateri Viscose International, A P Fine Paper Trading
 (Hong Kong) Limited, and APRIL Fine Paper Macao
 Offshore Limited (collectively, APRIL)................
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\7\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\8\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the time limit for filing case briefs.\9\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\10\ Case and rebuttal 
briefs should be filed using ACCESS.\11\
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\12\ Hearing requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ Id.
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication date of this 
notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    If APRIL's weighted-average dumping margin remains zero or de 
minimis in the final results of this review, then we intend to instruct 
CBP to liquidate APRIL's entries without regard to antidumping duties. 
If APRIL's weighted-average dumping margin is above de minimis in the 
final results of this review, then pursuant to 19 CFR 351.212(b)(1), 
because APRIL reported the entered value for all of its U.S. sales, we 
intend to calculate an importer-specific ad valorem duty assessment 
rate based on the ratio of the total amount of antidumping duties 
calculated for the examined sales to the total entered value of those 
sales. Where either the respondent's weighted-average dumping margin is 
zero or de minimis within the meaning of 19 CFR 351.106(c), or an 
importer-specific rate is zero or de minimis, we intend to instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties. We intend to instruct CBP to take into account the 
``provisional measures cap'' in accordance with 19 CFR 351.212(d). In 
addition, for entries of subject merchandise during the POR produced by 
APRIL for which it did not know its merchandise was destined for the 
United States, we intend to instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for

[[Page 15131]]

the intermediate company or companies involved in the transaction. The 
all-others rate is 2.10 percent.\14\
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    \14\ See Certain Uncoated Paper from Australia, Brazil, 
Indonesia, the People's Republic of China, and Portugal: Amended 
Final Affirmative Antidumping Determinations for Brazil and 
Indonesia and Antidumping Duty Orders, 81 FR 11174 (March 3, 2016) 
(Order).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\15\ We intend to issue liquidation 
instructions to CBP 15 days after publication of the final results of 
this review.
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    \15\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for APRIL will be 
that established in the final results of this review, except if the 
rate is less than 0.50 percent and, therefore, de minimis within the 
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate 
will be zero; (2) for previously investigated companies not 
participating in this review, the cash deposit will continue to be the 
company-specific rate published for the most recently completed 
segment; (3) if the exporter is not a firm covered in this review, or 
the original less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent segment for the manufacturer of the merchandise; and 4) 
the cash deposit rate for all other manufacturers or exporters will 
continue to be 2.10 percent, the all-others rate made effective by the 
LTFV investigation.\16\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \16\ See Order, 81 FR at 11174.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 Secretary'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(h)(1).

    Dated: April 3, 2018.
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. Affiliation and Collapsing
    a. Legal Framework
    b. Affiliation and Single Entity Analysis
5. Discussion of the Methodology
    a. Normal Value Comparisons
    b. Determination of Comparison Method
    c. Results of Differential Pricing Analysis
    d. Product Comparisons
    e. Date of Sale
    f. Export Price
    g. Duty Drawback
    h. Normal Value
    i. Home Market Viability and Comparison Market
    ii. Level of Trade
    iii. Cost of Production Analysis
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    iv. Calculation of Normal Value Based on Comparison Market 
Prices
    v. Calculation of Normal Value Based on Constructed Value
6. Currency Conversion
7. Recommendation

[FR Doc. 2018-07193 Filed 4-6-18; 8:45 am]
 BILLING CODE 3510-DS-P