83_FR_2143 83 FR 2133 - Certain Uncoated Groundwood Paper From Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination

83 FR 2133 - Certain Uncoated Groundwood Paper From Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range2133-2135
FR Document2018-00570

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain uncoated groundwood paper (UGW paper) from Canada. The period of investigation is January 1, 2016, through December 31, 2016.

Federal Register, Volume 83 Issue 10 (Tuesday, January 16, 2018)
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2133-2135]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00570]


=======================================================================
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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-862]


Certain Uncoated Groundwood Paper From Canada: Preliminary 
Affirmative Countervailing Duty Determination, and Alignment of Final 
Determination With Final Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of certain uncoated groundwood paper (UGW paper) from Canada. 
The period of investigation is January 1, 2016, through December 31, 
2016.

DATES: Applicable January 16, 2018.

FOR FURTHER INFORMATION CONTACT: David Crespo or Whitley Herndon, 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) 482-3693 or (202) 
482-6274, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on September 
1, 2017.\1\ On October 19, 2017, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
January 8, 2018.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. 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 
is available to all parties 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 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \1\ See Certain Uncoated Groundwood Paper from Canada: 
Initiation of Countervailing Duty Investigation, 82 FR 41603 
(September 1, 2017) (Initiation Notice).
    \2\ See Certain Uncoated Groundwood Paper from Canada: 
Postponement of Preliminary Determination of Countervailing Duty 
Investigation, 82 FR 48681 (October 19, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Countervailing Duty Investigation of Certain 
Uncoated Groundwood Paper from Canada,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The product covered by this investigation is UGW paper from Canada. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e. , scope).\5\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

    Commerce intends to issue its preliminary decision regarding 
comments concerning the scope of the antidumping (AD) and 
countervailing duty (CVD) investigations in the preliminary 
determination of the companion AD investigation.

[[Page 2134]]

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e. , a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
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    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that one or more respondents 
did not act to the best of their ability to respond to Commerce's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\7\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final CVD determination in this investigation with the 
final determination in the companion AD investigation of UGW paper from 
Canada based on a request made by the petitioner.\8\ Consequently, the 
final CVD determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
May 22, 2018, unless postponed.
---------------------------------------------------------------------------

    \8\ See Letter from the petitioner, ``Countervailing Duty 
Investigation of Certain Uncoated Groundwood Paper from Canada: 
Request for Alignment,'' dated December 18, 2017.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, Commerce calculated individually estimated 
countervailable subsidy rates for Catalyst Paper Corporation 
(Catalyst), Kruger Trois-Rivieres L.P. (Kruger), and Resolute FP Canada 
Inc. (Resolute), that are not zero, de minimis , or based entirely on 
facts otherwise available.\9\ Commerce calculated the all-others rate 
using a weighted-average of the individually estimated subsidy rates 
calculated for the examined respondents using each company's business 
proprietary data for the merchandise under consideration.\10\
---------------------------------------------------------------------------

    \9\ See MacLean-Fogg Co. v. United States, 753 F.3d 1237 (Fed. 
Cir. 2014) (holding that voluntary respondents are considered 
``individually investigated'' for purposes of calculating the all-
others rate). Commerce accepted White Birch Paper Canada Company 
NSULC (White Birch) as a voluntary respondent in this investigation. 
However, we have preliminarily calculated a de minimis subsidy rate 
for White Birch; thus, in accordance with Sections 703(d) and 
705(c)(5)(A) of the Act, we have not included White Birch's de 
minimis subsidy rate in the calculation of the all-others rate for 
this preliminary determination.
    \10\ See Memorandum, ``Countervailing Duty Investigation of 
Certain Uncoated Groundwood Paper from Canada: All Others Rate 
Calculation for Preliminary Determination,'' dated January 8, 2018.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                             Ad Valorem,
                                                                subsidy
                          Company                                rate
                                                              (percent)
------------------------------------------------------------------------
Catalyst Paper Corporation 11..............................         6.09
Kruger Trois-Rivieres L.P 12...............................         9.93
Resolute FP Canada Inc 13..................................         4.42
White Birch Paper Canada Company NSULC 14..................       * 0.65
All-Others.................................................         6.53
------------------------------------------------------------------------
* de minimis.

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register . Further, pursuant to 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the rates indicated above. Because the subsidy rate for White Birch 
is de minimis , Commerce is directing CBP not to suspend liquidation of 
entries of the merchandise from this company.
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    \11\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Catalyst Paper Corporation: Catalyst Paper, Catalyst Pulp Operations 
Limited, and Catalyst Pulp and Paper Sales Inc.
    \12\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Kruger Trois-Rivieres L.P.: Kruger Publication Papers Inc., Corner 
Brook Pulp and Paper Limited, Kruger Energy Bromptonville LP, Kruger 
Holdings L.P., Kruger Holdings GP Inc., and Kruger Inc.
    \13\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Resolute FP Canada Inc.: Resolute FP Canada, Fibrek General 
Partnership (Fibrek), and Resolute Growth.
    \14\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
White Birch Paper Canada Company NSULC: Papier Masson WB (White 
Birch) LP, FF Soucy WB LP, and Stadacona WB LP.
---------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\15\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
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.
---------------------------------------------------------------------------

    \15\ 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, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce 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

[[Page 2135]]

the hearing two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: January 8, 2018.
Gary Taverman,
Deputy Assistant Secretary for Enforcement and Compliance, performing 
the non-exclusive function and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--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.\16\
---------------------------------------------------------------------------

    \16\ 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.\17\ Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.
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    \17\ The following HTSUS numbers are no longer active as of 
January 1, 2017: 4801.00.0020, 4801.00.0040, 4802.61.3010, 
4802.61.3091, and 4802.62.6040.
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Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Injury Test
V. Subsidies Valuation
VI. Application of Facts Otherwise Available and Facts Otherwise 
Available With an Adverse Inference
VII. Analysis of Programs
VIII. Conclusion
Appendix I: Not-Used and Not-Measurable Programs, by Company

 [FR Doc. 2018-00570 Filed 1-12-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices                                                    2133

                                               of proposed panelists for a hearing on                  www.usccr.gov, or may contact the                      on September 1, 2017.1 On October 19,
                                               Access to Voting in Alabama.                            Midwestern Regional Office at the above                2017, Commerce postponed the
                                               DATES: The meeting will be held on                      email or street address.                               preliminary determination of this
                                               Tuesday, January 16, 2017, at 11:00 a.m.                                                                       investigation and the revised deadline is
                                                                                                       Agenda
                                               (Central).                                                                                                     now January 8, 2018.2 For a complete
                                                  Public Call Information: Dial: 888–                  Welcome and Roll Call                                  description of the events that followed
                                               471–3840, Conference ID: 4589358.                       Proposed Panelists for a hearing on                    the initiation of this investigation, see
                                               FOR FURTHER INFORMATION CONTACT:                          Access to Voting in Alabama                          the Preliminary Decision
                                               David Barreras, DFO, at dbarreras@                      Discussion on a venue for the hearing                  Memorandum.3 A list of topics
                                               usccr.gov or 312–353–8311                               Next Steps                                             discussed in the Preliminary Decision
                                                                                                       Public Comment                                         Memorandum is included as Appendix
                                               SUPPLEMENTARY INFORMATION: Members
                                                                                                       Adjournment                                            II to this notice. The Preliminary
                                               of the public can listen to the
                                               discussion. This meeting is available to                  Exceptional Circumstance: Pursuant                   Decision Memorandum is a public
                                               the public through the following toll-                  to 41 CFR 102–3.150, the notice for this               document and is on file electronically
                                               free call-in number: 888–471–3840,                      meeting is given less than 15 calendar                 via Enforcement and Compliance’s
                                               conference ID: 4589358. Any interested                  days prior to the meeting because of the               Antidumping and Countervailing Duty
                                               member of the public may call this                      exceptional circumstance of this                       Centralized Electronic Service System
                                               number and listen to the meeting. An                    Committee doing work on the FY 2018                    (ACCESS). ACCESS is available to
                                               open comment period will be provided                    statutory enforcement report.                          registered users at http://
                                               to allow members of the public to make                    Dated: January 10, 2018.                             access.trade.gov, and is available to all
                                               a statement as time allows. The                         David Mussatt,                                         parties in the Central Records Unit,
                                               conference call operator will ask callers                                                                      room B8024 of the main Department of
                                                                                                       Supervisory Chief, Regional Programs Unit.
                                               to identify themselves, the organization                                                                       Commerce building. In addition, a
                                                                                                       [FR Doc. 2018–00564 Filed 1–12–18; 8:45 am]
                                               they are affiliated with (if any), and an                                                                      complete version of the Preliminary
                                                                                                       BILLING CODE P
                                               email address prior to placing callers                                                                         Decision Memorandum can be accessed
                                               into the conference room. Callers can                                                                          directly at http://enforcement.trade.gov/
                                               expect to incur regular charges for calls                                                                      frn/. The signed and electronic versions
                                                                                                       DEPARTMENT OF COMMERCE                                 of the Preliminary Decision
                                               they initiate over wireless lines,
                                               according to their wireless plan. The                                                                          Memorandum are identical in content.
                                                                                                       International Trade Administration
                                               Commission will not refund any                                                                                 Scope of the Investigation
                                               incurred charges. Callers will incur no                 [C–122–862]
                                               charge for calls they initiate over land-                                                                        The product covered by this
                                                                                                       Certain Uncoated Groundwood Paper                      investigation is UGW paper from
                                               line connections to the toll-free
                                                                                                       From Canada: Preliminary Affirmative                   Canada. For a complete description of
                                               telephone number. Persons with hearing
                                                                                                       Countervailing Duty Determination,                     the scope of this investigation, see
                                               impairments may also follow the
                                                                                                       and Alignment of Final Determination                   Appendix I.
                                               proceedings by first calling the Federal
                                                                                                       With Final Antidumping Duty
                                               Relay Service at 1–800–977–8339 and                                                                            Scope Comments
                                                                                                       Determination
                                               providing the Service with the
                                               conference call number and conference                                                                            In accordance with the preamble to
                                                                                                       AGENCY:  Enforcement and Compliance,
                                               ID number.                                                                                                     Commerce’s regulations,4 the Initiation
                                                                                                       International Trade Administration,
                                                  Members of the public are also                                                                              Notice set aside a period of time for
                                                                                                       Department of Commerce.
                                               entitled to submit written comments;                                                                           parties to raise issues regarding product
                                                                                                       SUMMARY: The Department of Commerce                    coverage, (i.e. , scope).5 Certain
                                               the comments must be received in the                    (Commerce) preliminarily determines
                                               regional office within 30 days following                                                                       interested parties commented on the
                                                                                                       that countervailable subsidies are being               scope of the investigation as it appeared
                                               the meeting. Written comments may be                    provided to producers and exporters of
                                               mailed to the Midwestern Regional                                                                              in the Initiation Notice.
                                                                                                       certain uncoated groundwood paper                        Commerce intends to issue its
                                               Office, U.S. Commission on Civil Rights,                (UGW paper) from Canada. The period
                                               55 W. Monroe St., Suite 410, Chicago,                                                                          preliminary decision regarding
                                                                                                       of investigation is January 1, 2016,                   comments concerning the scope of the
                                               IL 60615. They may also be faxed to the                 through December 31, 2016.
                                               Commission at (312) 353–8324, or                                                                               antidumping (AD) and countervailing
                                                                                                       DATES: Applicable January 16, 2018.                    duty (CVD) investigations in the
                                               emailed to David Barreras at dbarreras@
                                               usccr.gov. Persons who desire                           FOR FURTHER INFORMATION CONTACT:                       preliminary determination of the
                                               additional information may contact the                  David Crespo or Whitley Herndon, AD/                   companion AD investigation.
                                               Midwestern Regional Office at (312)                     CVD Operations, Office II, Enforcement
                                               353–8311.                                               and Compliance, International Trade                       1 See Certain Uncoated Groundwood Paper from


                                                  Records generated from this meeting                  Administration, U.S. Department of                     Canada: Initiation of Countervailing Duty
                                                                                                       Commerce, 1401 Constitution Avenue                     Investigation, 82 FR 41603 (September 1, 2017)
                                               may be inspected and reproduced at the                                                                         (Initiation Notice).
                                               Midwestern Regional Office, as they                     NW, Washington, DC 20230; telephone:                      2 See Certain Uncoated Groundwood Paper from

                                               become available, both before and after                 (202) 482–3693 or (202) 482–6274,                      Canada: Postponement of Preliminary
                                               the meeting. Records of the meeting will                respectively.                                          Determination of Countervailing Duty Investigation,
                                                                                                                                                              82 FR 48681 (October 19, 2017).
                                               be available via www.facadatabase.gov                   SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                 3 See Memorandum, ‘‘Decision Memorandum for
                                               under the Commission on Civil Rights,                                                                          the Preliminary Determination in the
                                               Alabama Advisory Committee link                         Background                                             Countervailing Duty Investigation of Certain
                                               (http://www.facadatabase.gov/                              This preliminary determination is                   Uncoated Groundwood Paper from Canada,’’ dated
                                                                                                                                                              concurrently with, and hereby adopted by, this
                                               committee/committee.aspx?cid=                           made in accordance with section 703(b)                 notice (Preliminary Decision Memorandum).
                                               233&aid=17). Persons interested in the                  of the Tariff Act of 1930, as amended                     4 See Antidumping Duties; Countervailing Duties,
                                               work of this Committee are directed to                  (the Act). Commerce published the                      Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                               the Commission’s website, http://                       notice of initiation of this investigation                5 See Initiation Notice.




                                          VerDate Sep<11>2014   22:48 Jan 12, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4703   Sfmt 4703   E:\FR\FM\16JAN1.SGM   16JAN1


                                               2134                          Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

                                               Methodology                                             are not zero, de minimis , or based                     Disclosure
                                                  Commerce is conducting this                          entirely on facts otherwise available.9                   Commerce intends to disclose its
                                               investigation in accordance with section                Commerce calculated the all-others rate                 calculations and analysis performed to
                                               701 of the Act. For each of the subsidy                 using a weighted-average of the                         interested parties in this preliminary
                                               programs found countervailable,                         individually estimated subsidy rates                    determination within five days of its
                                               Commerce preliminarily determines                       calculated for the examined respondents                 public announcement, or if there is no
                                               that there is a subsidy, i.e. , a financial             using each company’s business                           public announcement, within five days
                                               contribution by an ‘‘authority’’ that                   proprietary data for the merchandise                    of the date of this notice in accordance
                                               gives rise to a benefit to the recipient,               under consideration.10                                  with 19 CFR 351.224(b).
                                               and that the subsidy is specific.6                      Preliminary Determination
                                                  Commerce notes that, in making these                                                                         Verification
                                               findings, it relied, in part, on facts                    Commerce preliminarily determines                        As provided in section 782(i)(1) of the
                                               available and, because it finds that one                that the following estimated                            Act, Commerce intends to verify the
                                               or more respondents did not act to the                  countervailable subsidy rates exist:                    information relied upon in making its
                                               best of their ability to respond to                                                                             final determination.
                                                                                                                                                Ad Valorem,
                                               Commerce’s requests for information, it                             Company                      subsidy rate  Public Comment
                                               drew an adverse inference where                                                                   (percent)
                                               appropriate in selecting from among the                                                                           Case briefs or other written comments
                                               facts otherwise available.7 For further                 Catalyst Paper Corporation 11 ..                  6.09 may be submitted to the Assistant
                                               information, see ‘‘Use of Facts                         Kruger Trois-Rivieres L.P 12 .....                9.93 Secretary for Enforcement and
                                                                                                       Resolute FP Canada Inc 13 ......                  4.42 Compliance no later than seven days
                                               Otherwise Available and Adverse                         White Birch Paper Canada
                                               Inferences’’ in the Preliminary Decision                                                                       after the date on which the last
                                                                                                          Company NSULC 14 ..............              * 0.65
                                               Memorandum.                                                                                                    verification report is issued in this
                                                                                                       All-Others ..................................     6.53
                                                                                                                                                              investigation. Rebuttal briefs, limited to
                                               Alignment                                                  * de minimis.                                       issues raised in case briefs, may be
                                                  As noted in the Preliminary Decision                 Suspension of Liquidation                              submitted no later than five days after
                                               Memorandum, in accordance with                                                                                 the deadline date for case briefs.15
                                               section 705(a)(1) of the Act and 19 CFR                    In accordance with section                          Pursuant to 19 CFR 351.309(c)(2) and
                                               351.210(b)(4), Commerce is aligning the                 703(d)(1)(B) and (d)(2) of the Act,                    (d)(2), parties who submit case briefs or
                                               final CVD determination in this                         Commerce will direct U.S. Customs and rebuttal briefs in this investigation are
                                               investigation with the final                            Border Protection (CBP) to suspend                     encouraged to submit with each
                                               determination in the companion AD                       liquidation of entries of subject                      argument: (1) A statement of the issue;
                                               investigation of UGW paper from                         merchandise as described in the scope                  (2) a brief summary of the argument;
                                               Canada based on a request made by the                   of the investigation section entered, or               and (3) a table of authorities.
                                               petitioner.8 Consequently, the final CVD                withdrawn from warehouse, for                             Pursuant to 19 CFR 351.310(c),
                                               determination will be issued on the                     consumption on or after the date of                    interested parties who wish to request a
                                                                                                       publication of this notice in the Federal hearing, limited to issues raised in the
                                               same date as the final AD
                                                                                                       Register . Further, pursuant to 19 CFR                 case and rebuttal briefs, must submit a
                                               determination, which is currently
                                                                                                       351.205(d), Commerce will instruct CBP written request to the Assistant
                                               scheduled to be issued no later than
                                                                                                       to require a cash deposit equal to the                 Secretary for Enforcement and
                                               May 22, 2018, unless postponed.
                                                                                                       rates indicated above. Because the                     Compliance, U.S. Department of
                                               All-Others Rate                                         subsidy rate for White Birch is de                     Commerce within 30 days after the date
                                                 Sections 703(d) and 705(c)(5)(A) of                   minimis , Commerce is directing CBP                    of publication of this notice. Requests
                                               the Act provide that in the preliminary                 not to suspend liquidation of entries of               should contain the party’s name,
                                               determination, Commerce shall                           the merchandise from this company.                     address, and telephone number, the
                                               determine an estimated all-others rate                                                                         number of participants, whether any
                                                                                                         9 See MacLean-Fogg Co. v. United States, 753
                                               for companies not individually                          F.3d 1237 (Fed. Cir. 2014) (holding that voluntary
                                                                                                                                                              participant is a foreign national, and a
                                               examined. This rate shall be an amount                  respondents are considered ‘‘individually              list of the issues to be discussed. If a
                                               equal to the weighted average of the                    investigated’’ for purposes of calculating the all-    request for a hearing is made, Commerce
                                               estimated subsidy rates established for                 others rate). Commerce accepted White Birch Paper      intends to hold the hearing at the U.S.
                                                                                                       Canada Company NSULC (White Birch) as a
                                               those companies individually                            voluntary respondent in this investigation.
                                                                                                                                                              Department of Commerce, 1401
                                               examined, excluding any zero and de                     However, we have preliminarily calculated a de         Constitution Avenue NW, Washington,
                                               minimis rates and any rates based                       minimis subsidy rate for White Birch; thus, in         DC 20230, at a time and date to be
                                               entirely under section 776 of the Act.                  accordance with Sections 703(d) and 705(c)(5)(A) of determined. Parties should confirm by
                                                                                                       the Act, we have not included White Birch’s de
                                                 In this investigation, Commerce                       minimis subsidy rate in the calculation of the all-    telephone the date, time, and location of
                                               calculated individually estimated                       others rate for this preliminary determination.
                                               countervailable subsidy rates for                         10 See Memorandum, ‘‘Countervailing Duty              Bromptonville LP, Kruger Holdings L.P., Kruger
                                               Catalyst Paper Corporation (Catalyst),                  Investigation of Certain Uncoated Groundwood            Holdings GP Inc., and Kruger Inc.
                                               Kruger Trois-Rivieres L.P. (Kruger), and                Paper from Canada: All Others Rate Calculation for         13 As discussed in the Preliminary Decision

                                                                                                       Preliminary Determination,’’ dated January 8, 2018.     Memorandum, Commerce has found the following
                                               Resolute FP Canada Inc. (Resolute), that                  11 As discussed in the Preliminary Decision           companies to be cross-owned with Resolute FP
                                                                                                       Memorandum, Commerce has found the following            Canada Inc.: Resolute FP Canada, Fibrek General
daltland on DSKBBV9HB2PROD with NOTICES




                                                 6 See sections 771(5)(B) and (D) of the Act                                                                   Partnership (Fibrek), and Resolute Growth.
                                                                                                       companies to be cross-owned with Catalyst Paper
                                               regarding financial contribution; section 771(5)(E)     Corporation: Catalyst Paper, Catalyst Pulp                 14 As discussed in the Preliminary Decision
                                               of the Act regarding benefit; and section 771(5A) of    Operations Limited, and Catalyst Pulp and Paper         Memorandum, Commerce has found the following
                                               the Act regarding specificity.                          Sales Inc.                                              companies to be cross-owned with White Birch
                                                 7 See sections 776(a) and (b) of the Act.               12 As discussed in the Preliminary Decision           Paper Canada Company NSULC: Papier Masson WB
                                                 8 See Letter from the petitioner, ‘‘Countervailing    Memorandum, Commerce has found the following            (White Birch) LP, FF Soucy WB LP, and Stadacona
                                               Duty Investigation of Certain Uncoated                  companies to be cross-owned with Kruger Trois-          WB LP.
                                               Groundwood Paper from Canada: Request for               Rivieres L.P.: Kruger Publication Papers Inc., Corner      15 See 19 CFR 351.309; see also 19 CFR 351.303

                                               Alignment,’’ dated December 18, 2017.                   Brook Pulp and Paper Limited, Kruger Energy             (for general filing requirements).



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                                                                             Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices                                                     2135

                                               the hearing two days before the                          4802.62.6140, 4802.69.1000, 4802.69.2000,              Background
                                               scheduled date.                                          and 4802.69.3000. Subject merchandise may
                                                                                                        also be imported under several additional                 On October 31, 2017, the Department
                                               International Trade Commission                           subheadings including 4805.91.5000,                    published the Preliminary
                                               Notification                                             4805.91.7000, and 4805.91.9000.17 Although             Determination in the Federal Register.1
                                                                                                        the HTSUS subheadings are provided for                 The petitioners in this investigation are
                                                  In accordance with section 703(f) of
                                                                                                        convenience and customs purposes, the                  Gerdau Ameristeel US Inc., Nucor
                                               the Act, Commerce will notify the                        written description of the merchandise is              Corporation, Keystone Consolidated
                                               International Trade Commission (ITC) of                  dispositive.                                           Industries, Inc., and Charter Steel
                                               its determination. If the final                                                                                 (collectively, the petitioners). The
                                               determination is affirmative, the ITC                    Appendix II—List of Topics Discussed
                                                                                                        in the Preliminary Decision                            mandatory respondents in this
                                               will determine before the later of 120                                                                          investigation are ArcelorMittal Steel
                                               days after the date of this preliminary                  Memorandum
                                                                                                                                                               Kryvyi Rih OJSC (AMKR) and Public
                                               determination or 45 days after the final                 I. Summary                                             Joint Stock Company (PJSC) Yenakiieve
                                               determination.                                           II. Background                                         Steel (Yenakiieve).2 In the Preliminary
                                                                                                        III. Scope Comments                                    Determination, the Department
                                               Notification to Interested Parties                       IV. Injury Test
                                                 This determination is issued and                       V. Subsidies Valuation
                                                                                                                                                               determined that the application of facts
                                               published pursuant to sections 703(f)                    VI. Application of Facts Otherwise Available           available with an adverse inference
                                                                                                              and Facts Otherwise Available With an            (AFA) was warranted as a result of
                                               and 777(i) of the Act and 19 CFR
                                                                                                              Adverse Inference                                AMKR’s and Yenakiieve’s failure to
                                               351.205(c).
                                                                                                        VII. Analysis of Programs                              cooperate and provide complete,
                                                 Dated: January 8, 2018.                                VIII. Conclusion                                       useable data in this investigation.
                                               Gary Taverman,                                           Appendix I: Not-Used and Not-Measurable                   A summary of the events that
                                               Deputy Assistant Secretary for Enforcement                     Programs, by Company                             occurred since the Department
                                               and Compliance, performing the non-                      [FR Doc. 2018–00570 Filed 1–12–18; 8:45 am]            published the Preliminary
                                               exclusive function and duties of the Assistant           BILLING CODE 3510–DS–P                                 Determination, as well as a full
                                               Secretary for Enforcement and Compliance.                                                                       discussion of the issues raised by parties
                                               Appendix I—Scope of the Investigation                                                                           for this final determination, may be
                                                                                                        DEPARTMENT OF COMMERCE                                 found in the accompanying Issues and
                                                 The merchandise covered by this                                                                               Decision Memorandum.3 The Issues and
                                               investigation includes certain paper that has            International Trade Administration                     Decision Memorandum is a public
                                               not been coated on either side and with 50
                                               percent or more of the cellulose fiber content                                                                  document, and is on file electronically
                                                                                                        [A–823–816]
                                               consisting of groundwood pulp, including                                                                        via Enforcement and Compliance’s
                                               groundwood pulp made from recycled paper,                Carbon and Alloy Steel Wire Rod From                   Antidumping and Countervailing Duty
                                               weighing not more than 90 grams per square               Ukraine: Affirmative Final                             Centralized Electronic Service System
                                               meter. Groundwood pulp includes all forms                Determination of Sales at Less Than                    (ACCESS). ACCESS is available to
                                               of pulp produced from a mechanical pulping                                                                      registered users at http://
                                               process, such as thermo-mechanical process
                                                                                                        Fair Value
                                                                                                                                                               access.trade.gov, and to all parties in the
                                               (TMP), chemi-thermo mechanical process                   AGENCY:   Enforcement and Compliance,                  Central Records Unit, room B8024 of the
                                               (CTMP), bleached chemi-thermo mechanical                 International Trade Administration,                    main Department of Commerce
                                               process (BCTMP) or any other mechanical
                                               pulping process. The scope includes paper
                                                                                                        Department of Commerce                                 building. In addition, a complete
                                               shipped in any form, including but not                   SUMMARY: The Department of Commerce                    version of the Issues and Decision
                                               limited to both rolls and sheets.                        (Department) determines that imports of                Memorandum can be accessed directly
                                                 Certain uncoated groundwood paper                      carbon and alloy steel wire rod (wire                  at http://enforcement.trade.gov. The
                                               includes but is not limited to standard                  rod) from Ukraine are being, or are                    signed and electronic versions of the
                                               newsprint, high bright newsprint, book                   likely to be, sold in the United States at             Issues and Decision Memorandum are
                                               publishing, directory, and printing and                                                                         identical in content.
                                               writing papers. The scope includes paper
                                                                                                        less than fair value (LTFV). The final
                                               that is white, off-white, cream, or colored.             estimated weighted-average dumping                     Scope of the Investigation
                                                 Specifically excluded from the scope are               margins of sales at LTFV are listed
                                                                                                        below in the section entitled ‘‘Final                    The products covered by this
                                               imports of certain uncoated groundwood
                                               paper printed with final content of printed              Determination.’’ The period of                         investigation are generally described as
                                               text or graphic. Also excluded are papers that           investigation is January 1, 2016, through                 1 See Carbon and Alloy Steel Wire Rod from
                                               otherwise meet this definition, but which                December 31, 2016.                                     Ukraine: Preliminary Affirmative Determination of
                                               have undergone a supercalendering
                                               process.16                                               DATES: Applicable January 16, 2018.                    Sales at Less Than Fair Value, 82 FR 50375
                                                                                                                                                               (October 31, 2017) (Preliminary Determination) and
                                                 Certain uncoated groundwood paper is                   FOR FURTHER INFORMATION CONTACT: Julia                 accompanying Preliminary Decision Memorandum.
                                               classifiable in the Harmonized Tariff                    Hancock or Courtney Canales, AD/CVD                       2 The Department preliminarily determined not to
                                               Schedule of the United States (HTSUS) in                 Operations, Office V, Enforcement and                  further examine Duferco S.A. (Duferco) as part of
                                               several subheadings, including 4801.00.0120,             Compliance, International Trade                        this investigation because the evidence does not
                                               4801.00.0140, 4802.61.1000, 4802.61.2000,                                                                       show that Duferco made any sales of subject
                                                                                                        Administration, U.S. Department of                     merchandise in the United States during the POI.
                                               4802.61.3110, 4802.61.3191, 4802.61.6040,
                                               4802.62.1000, 4802.62.2000, 4802.62.3000,
                                                                                                        Commerce, 1401 Constitution Avenue                     For the final determination, we continue to find
                                                                                                        NW, Washington, DC 20230; telephone:                   that Duferco had no sales of subject merchandise
                                                                                                                                                               during the POI. As such, any entries of subject
                                                                                                        (202) 482–1394, or (202) 482–4997,
daltland on DSKBBV9HB2PROD with NOTICES




                                                  16 Supercalendering imparts a glossy finish                                                                  merchandise exported by Duferco will be subject to
                                               produced by the movement of the paper web                respectively.                                          the All-Others Rate.
                                               through a supercalender which is a stack of                                                                        3 See Memorandum, ‘‘Issues and Decision

                                               alternating rollers of metal and cotton (or other
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                               Memorandum for the Final Affirmative
                                               softer material). The supercalender runs at high                                                                Determination in the Less-Than-Fair-Value
                                               speed and applies pressure, heat, and friction             17 The following HTSUS numbers are no longer         Investigation of Carbon and Alloy Steel Wire Rod
                                               which glazes the surface of the paper, imparting         active as of January 1, 2017: 4801.00.0020,            from Ukraine,’’ dated concurrently with this
                                               gloss to the surface and increasing the paper’s          4801.00.0040, 4802.61.3010, 4802.61.3091, and          determination and hereby adopted by this notice
                                               smoothness and density.                                  4802.62.6040.                                          (Issues and Decision Memorandum).



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Document Created: 2018-01-13 02:02:35
Document Modified: 2018-01-13 02:02:35
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 January 16, 2018.
ContactDavid Crespo or Whitley Herndon, 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) 482-3693 or (202) 482-6274, respectively.
FR Citation83 FR 2133 

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