83 FR 22249 - Supercalendered Paper From Canada: Initiation of Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 93 (May 14, 2018)

Based upon a request from Verso Corporation (Verso) (i.e., the petitioner), the Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to consider the possible revocation of the countervailing duty (CVD) order on supercalendered paper (SC paper) from Canada.

[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22249-22250]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10202]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-854]


Supercalendered Paper From Canada: Initiation of Changed 
Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based upon a request from Verso Corporation (Verso) (i.e., the 
petitioner), the Department of Commerce (Commerce) is initiating a 
changed circumstances review (CCR) to consider the possible revocation 
of the countervailing duty (CVD) order on supercalendered paper (SC 
paper) from Canada.

DATES: May 14, 2018.

FOR FURTHER INFORMATION CONTACT: Emily Halle or Nicholas Czajkowski, 
AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-0176 or (202) 482-1395, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 10, 2015, Commerce published the CVD Order on SC paper 
from Canada.\1\ On March 21, 2018, Verso requested that Commerce 
conduct a CCR, pursuant to section 782(h)(2) of the Tariff Act of 1930, 
as amended (the Act) and 19 CFR 351.222(g)(l)(i). Verso expressed a 
lack of interest in the enforcement or existence of the CVD Order, and 
requested the retroactive revocation of the CVD Order, effective August 
3, 2015.\2\
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    \1\ See Supercalendered Paper from Canada: Countervailing Duty 
Order, 80 FR 76668 (December 10, 2015) (CVD Order).
    \2\ See Letter from Verso, ``Supercalendered Paper from Canada/
Request for Changed Circumstances Review,'' March 21, 2018 (Verso 
Request).
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Scope of the Order

    The product covered by the order is SC paper. SC paper is uncoated 
paper that has undergone a calendering process in which the base sheet, 
made of pulp and filler (typically, but not limited to, clay, talc, or 
other mineral additive), is processed through a set of supercalenders, 
a supercalender, or a soft nip calender operation.\3\
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    \3\ Supercalendering and soft nip calendering processing, in 
conjunction with the mineral filler contained in the base paper, are 
performed to enhance the surface characteristics of the paper by 
imparting a smooth and glossy printing surface. Supercalendering and 
soft nip calendering also increase the density of the base paper.
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    The scope of this order covers all SC paper regardless of basis 
weight, brightness, opacity, smoothness, or grade, and whether in rolls 
or in sheets. Further, the scope covers all SC paper that meets the 
scope definition regardless of the type of pulp fiber or filler 
material used to produce the paper.
    Specifically excluded from the scope are imports of paper printed 
with final content of printed text or graphics.
    Subject merchandise primarily enters under Harmonized Tariff 
Schedule of the United States (HTSUS) subheading 4802.61.3035, but may 
also enter under subheadings 4802.61.3010, 4802.62.3000, 4802.62.6020, 
and 4802.69.3000. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive.

Initiation of CCR

    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have no further interest in the 
order, in whole or in part. Section 351.222(g) of Commerce's 
regulations provides that Commerce will conduct a CCR under 19 CFR 
351.216, and may revoke an order in whole or in part, if it determines 
that the producers accounting for substantially all of the production 
of the domestic like product have expressed a lack of interest in the 
order, in whole or in part.\4\ Section 351.216(d) of Commerce's 
regulations provides that if Commerce determines that changed 
circumstances sufficient to warrant a review exist, it will conduct a 
CCR, in accordance with 19 CFR 351.221.
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    \4\ See section 782(h) of the Act and 19 CFR 351.222(g)(1)-(2).
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    Based on the information Verso provided in its request, Commerce 
has determined that changed circumstances sufficient to warrant the 
review exist.\5\ Both the Act and Commerce's regulations require that 
``substantially all'' domestic producers express a lack of interest in 
the CVD Order for Commerce to revoke the CVD Order.\6\ Commerce has 
interpreted ``substantially all'' to represent producers accounting for 
at least 85 percent of U.S. production of the domestic like product.\7\ 
The data provided in Verso's request indicated that it accounts for at 
least 85 percent of domestic production.
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    \5\ See 19 CFR 351.216(d).
    \6\ See section 782(h) of the Act and 19 CFR 351.222(g).
    \7\ See, e.g., Certain Cased Pencils from the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, and Intent to Revoke Order in Part, 77 
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from 
the People's Republic of China: Final Results of Antidumping Duty 
Changed Circumstances Review, and Determination To Revoke Order, in 
Part, 77 FR 53176 (August 31, 2012).
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    In accordance with section 751(b) of the Act and 19 CFR 351.221 and 
351.222, based on an affirmative statement of no interest by the 
domestic parties in continuing the CVD Order, we are initiating this 
CCR.

[[Page 22250]]

Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding the CCR. Comments and factual information may be 
submitted to Commerce no later than ten days after the date of 
publication of this notice. Rebuttal comments and rebuttal factual 
information may be filed with Commerce no later than five days after 
the comments and/or factual information are filed.\8\ All submissions 
must be filed electronically using Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS).\9\ An electronically filed document must be received 
successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time on 
the due dates set forth in this notice.
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    \8\ Submission of rebuttal factual information must comply with 
19 CFR 351.301(b)(2).
    \9\ See, generally, 19 CFR 351.303.
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Preliminary and Final Results of the Review

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of the CCR in accordance with 19 CFR 351.221(b)(4) 
and (c)(3)(i), which will set forth Commerce's preliminary factual and 
legal conclusions. Commerce will issue its final results of the CCR in 
accordance with the time limits set forth in 19 CFR 351.216(e).
    This is issued and published in accordance with sections 751(b)(1), 
777(i)(1), and 782(h) of the Act and 19 CFR 351.221(b)(1), (4), and 
351.222(g).

    Dated: May 7, 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.
[FR Doc. 2018-10202 Filed 5-11-18; 8:45 am]
 BILLING CODE 3510-DS-P