83 FR 354 - Supercalendered Paper From Canada: Preliminary Results of Countervailing Duty Administrative Review and Rescission, in Part; 2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 2 (January 3, 2018)

The Department of Commerce (Commerce) is conducting an administrative review of the countervailing duty (CVD) order on supercalendered paper (SC paper) from Canada. The period of review (POR) is August 3, 2015, through December 31, 2015. We preliminarily determine that Port Hawkesbury Paper LP (Port Hawkesbury); Resolute FP Canada Inc. and Resolute FP US Inc. (collectively, Resolute); and Irving Paper Limited (Irving) received countervailable subsidies during the POR. Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Pages 354-355]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28198]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-854]


Supercalendered Paper From Canada: Preliminary Results of 
Countervailing Duty Administrative Review and Rescission, in Part; 2015

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the countervailing duty (CVD) order on 
supercalendered paper (SC paper) from Canada. The period of review 
(POR) is August 3, 2015, through December 31, 2015. We preliminarily 
determine that Port Hawkesbury Paper LP (Port Hawkesbury); Resolute FP 
Canada Inc. and Resolute FP US Inc. (collectively, Resolute); and 
Irving Paper Limited (Irving) received countervailable subsidies during 
the POR. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable January 3, 2018.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, Emily Halle, or 
Aimee Phelan, Office I, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
1395, (202) 482-0176, and (202) 482-0697, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 10, 2015, Commerce issued a countervailing duty order 
on SC paper from Canada.\1\ Several interested parties requested that 
Commerce conduct an administrative review of the CVD Order, and, on 
February 13, 2017, Commerce published in the Federal Register a notice 
of initiation of an administrative review of the CVD Order for four 
producers/exporters for the POR.\2\
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    \1\ See Supercalendered Paper From Canada: Countervailing Duty 
Order, 80 FR 76668 (December 10, 2015) (CVD Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 10457 (February 13, 2017).
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Scope of the Order

    The product covered by this order is SC paper. A full description 
of the scope of the order is contained in the Preliminary Decision 
Memorandum, which is hereby adopted by this notice.\3\
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Administrative Review of the Countervailing Duty Order on 
Supercalendered Paper from Canada; 2015,'' dated concurrently with 
this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this CVD administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found countervailable, we 
preliminarily determine that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that confers a benefit to the 
recipient, and that the subsidy is specific.\4\ For a full description 
of the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum. The list of topics discussed in the 
Preliminary Decision Memorandum is included as an Appendix 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 
on the internet at http://enforcement.trade.gov/frn/index.html. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
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    \4\ 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.
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    We calculated a CVD rate for each producer/exporter of the subject 
merchandise for which an

[[Page 355]]

administrative review was requested, except as discussed below.

Partial Rescission of Administrative Review

    Commerce initiated an administrative review of the CVD Order on 
February 13, 2017 for Catalyst Paper Corporation, Catalyst Pulp and 
Paper Sales Inc., and Catalyst Paper (USA) Inc. (collectively, 
Catalyst). On April 24, 2017, we issued the final results of the 
expedited review of the CVD Order, in which we determined a 
countervailable subsidy rate for Catalyst that is de minimis. 
Therefore, pursuant to 19 CFR 351.214(k)(3)(iv), we excluded Catalyst 
from the CVD Order.\5\ On May 17, 2017, Commerce issued a memorandum 
stating our intention to rescind the administrative review with respect 
to Catalyst.\6\ Therefore, because Catalyst has been excluded from the 
CVD Order, we are rescinding the administrative review with respect to 
Catalyst.
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    \5\ See Supercalendered Paper From Canada: Final Results of 
Countervailing Duty Expedited Review, 82 FR 18896 (April 24, 2017) 
(Expedited Review) and accompanying Issues and Decision Memorandum.
    \6\ See Memorandum, ``Rescission of Catalyst Paper Corporation, 
Catalyst Pulp and Paper Sales Inc., and Catalyst Paper (USA) Inc.,'' 
May 17, 2017.
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Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated an 
individual subsidy rate for Port Hawkesbury, Resolute, and Irving. For 
the POR, we preliminarily determine that the following net subsidy 
rates for the producers/exporters under review to be as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
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Port Hawkesbury Paper LP................................           15.65
Resolute FP Canada Inc., and Resolute FP US Inc.........            1.79
Irving Paper Limited....................................            5.13
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Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in connection with these preliminary results 
within five days of publication of this notice.\7\ Unless the 
Department changes the deadlines, interested parties may submit case 
briefs within seven days after the date on which the last verification 
report is issued in this proceeding, and rebuttal briefs no later than 
five days after the deadline for filing case briefs.\8\ Rebuttal briefs 
must be limited to issues raised in the case briefs.\9\ Parties who 
submit case or rebuttal briefs are requested to submit with the 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and, (3) a table of authorities.\10\ Pursuant to 19 CFR 
351.310(c), interested parties who wish to request a hearing must do so 
within 30 days of publication of these preliminary results by 
submitting a written request to the Assistant Secretary for Enforcement 
and Compliance, U.S. Department of Commerce, filed electronically using 
ACCESS. Requests should contain the party's name, address, and 
telephone number; the number of participants; and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230, at a time and location to be determined. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
    \9\ See 19 CFR 351.309(d)(2).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of its analysis of issues 
raised in any written briefs, within 120 days after the date of 
publication of these preliminary results.

Assessment Rates and Cash Deposit Instructions

    Upon completion of the administrative review, pursuant to section 
751(a)(1) of the Act, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend to issue 
assessment instructions to CBP 15 days after publication of the final 
results of this review.
    Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts indicated above for each 
company listed on shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this administrative review. For all 
non-reviewed firms, we will instruct CBP to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate applicable to the company, as appropriate. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
    As discussed above, Commerce is rescinding the administrative 
review with respect to Catalyst. As we explained in the Expedited 
Review, Commerce's practice with respect to exclusions of companies 
from a CVD order is to exclude the subject merchandise both produced 
and exported by those companies.\11\ As a result, we instructed CBP to 
discontinue the suspension of liquidation and the collection of cash 
deposits of estimated countervailing duties on all shipments of SC 
paper produced and exported by Catalyst, entered, or withdrawn, from 
warehouse for consumption on or after April 24, 2017.\12\ In addition, 
we instructed CBP to liquidate, without regard to countervailing 
duties, all suspended entries of shipments of SC paper produced and 
exported by Catalyst, and to refund all cash deposits of estimated 
countervailing duties collected on all such shipments that were 
suspended on or after August 3, 2015.\13\ Merchandise that Catalyst 
exports but does not produce, as well as merchandise Catalyst produces 
but is exported by another company, remain subject to countervailing 
duty order.\14\
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    \11\ See Expedited Review, 82 FR at 18897 (citing Certain 
Corrosion-Resistant Steel Products from India, Italy, Republic of 
Korea and the People's Republic of China: Countervailing Duty Order, 
81 FR 48387 (July 25, 2016)).
    \12\ See CBP Message Number 7122301, dated May 2, 2017.
    \13\ Id.
    \14\ See Expedited Review, 82 FR at 18897.
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    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: December 21, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Analysis of Programs
VI. Disclosure and Public Comment
VII. Conclusion

[FR Doc. 2017-28198 Filed 1-2-18; 8:45 am]
 BILLING CODE 3510-DS-P