83_FR_39566 83 FR 39412 - Certain Uncoated Groundwood Paper From Canada: Final Determination of Sales at Less Than Fair Value

83 FR 39412 - Certain Uncoated Groundwood Paper From Canada: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 154 (August 9, 2018)

Page Range39412-39414
FR Document2018-17020

The Department of Commerce (Commerce) determines that certain uncoated groundwood paper (UGW paper) from Canada is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2016, through June 30, 2017. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 83 Issue 154 (Thursday, August 9, 2018)
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39412-39414]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17020]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-861]


Certain Uncoated Groundwood Paper From Canada: Final 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
uncoated groundwood paper (UGW paper) from Canada is being, or is 
likely to be, sold in the United States at less than fair value (LTFV). 
The period of investigation (POI) is July 1, 2016, through June 30, 
2017. The final dumping margins of sales at LTFV are listed below in 
the ``Final Determination'' section of this notice.

DATES: Effective August 9, 2018.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Terre Keaton 
Stefanova, 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) 482-4136 
or (202) 482-1280.

SUPPLEMENTARY INFORMATION: 

Background

    On March 19, 2018, Commerce published the Preliminary Determination 
of sales at LTFV of UGW paper from Canada, in which we also postponed 
the final determination to August 1, 2018.\1\ A summary of the events 
that occurred since Commerce published the Preliminary Determination, 
as well as a full discussion of the issues raised by parties for this 
final determination, may be found in the Issues and Decision 
Memorandum, which is hereby adopted by this notice.\2\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Groundwood Paper from Canada: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination and Extension of 
Provisional Measures, 83 FR 11960 (March 19, 2018) (Preliminary 
Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Certain Uncoated Groundwood Paper from Canada,'' 
dated concurrently with this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of the issues raised is attached to this notice as Appendix II. 
The Issues and 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 it is available to all parties in the Central Records Unit, Room B-
8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/index.html. The signed and 
electronic versions of the Issues and

[[Page 39413]]

Decision Memorandum are identical in content.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in March and April 2018, we conducted verifications of the 
sales and cost information submitted by Catalyst Pulp and Paper Sales, 
Inc. and Catalyst Paper General Partnership (collectively, Catalyst); 
Resolute FP Canada Inc. and Donohue Malbaie Inc. (collectively, 
Resolute); and White Birch Paper Canada Company, Papier Masson WB LP, 
FF Soucy WB LP, and Stadacona WB LP (collectively, White Birch Paper) 
for use in our final determination. We used standard verification 
procedures, including an examination of relevant accounting and 
production records, and original source documents provided by Catalyst, 
Resolute, and White Birch Paper.\3\
---------------------------------------------------------------------------

    \3\ For discussion of our verification findings, see the 
following memoranda: Memorandum ``Verification of the Cost Response 
of White Birch Paper Canada Company in the Antidumping Duty Less 
Than Fair Value Investigation of Uncoated Groundwood Paper from 
Canada,'' dated April 20, 2018; Memorandum, ``Verification of the 
Sales Questionnaire Responses of Catalyst Pulp and Paper Sales, Inc. 
and Catalyst Paper General Partnership (collectively, Catalyst) in 
the Antidumping Duty Investigation of Certain Uncoated Groundwood 
Paper from Canada,'' dated May 18, 2018; Memorandum, ``Verification 
of the Sales Response of White Birch Paper in the Antidumping 
Investigation of Certain Uncoated Groundwood Paper from Canada,'' 
dated May 21, 2018; Memorandum, ``Verification of the Sales Response 
of White Birch Paper in the Antidumping Investigation of Certain 
Uncoated Groundwood Paper from Canada,'' dated May 24, 2018; 
Memorandum, ``Verification of the Sales Response of Resolute FP 
Canada Inc. and Donohue Malbaie Inc. (collectively, Resolute),'' 
dated May 31, 2018; Memorandum ``Verification of the Cost Response 
of Catalyst in the Antidumping Duty Investigation of Certain 
Uncoated Groundwood Paper from Canada,'' dated May 31, 2018; and 
Memorandum, ``Verification of the Cost Response of Resolute in the 
Antidumping Duty Investigation of Uncoated Groundwood Paper from 
Canada,'' dated June 5, 2018.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Catalyst, Resolute, and White Birch Paper. For a discussion of these 
changes, see the ``Margin Calculation'' section of the Issues and 
Decision Memorandum.

``All Others'' Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. Section 735(c)(5)(B) of the Act provides that if the estimated 
weighted-average dumping margins for all individually investigated 
exporters and producers are zero or de minimis or determined entirely 
under section 776 of the Act, then Commerce may use any reasonable 
method to establish the estimated all others rate, including averaging 
the estimated weighted-average dumping margins determined for the 
individually investigated exporters and producers.
    Commerce has continued to calculate zero rates for Resolute and 
White Birch Paper. Further, because of the substantial change to the 
scope of this investigation at the time of the Preliminary 
Determination, we find that Catalyst can no longer be considered an 
``individually investigated'' exporter or producer, within the meaning 
of section 735(c) of the Act.\4\ Therefore, there are no margins for 
``individually investigated'' respondents in this investigation that 
are not zero. Consequently, we assigned the ``all others'' rate 
pursuant to section 735(c)(5)(B) of the Act by averaging the margins 
for the ``individually investigated'' respondents. Specifically, we 
assigned the zero rate calculated for Resolute and White Birch Paper as 
the rate for ``all others'' producers and exporters in this 
investigation.\5\
---------------------------------------------------------------------------

    \4\ However, pursuant to section 735(a) of the Act, we continue 
to reach an affirmative final determination with respect to 
Catalyst, and we have used the record evidence and verification 
findings with respect to Catalyst to calculate its weighted-average 
dumping margin. For further discussion, see the Issues and Decision 
Memorandum at Comment 2.
    \5\ For further discussion, see the Issues and Decision 
Memorandum at Comment 2.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/manufacturer                       margin
                                                             (percent)
------------------------------------------------------------------------
Catalyst Pulp and Paper Sales, Inc. and Catalyst Paper             16.88
 General Partnership....................................
Resolute FP Canada Inc. and Donohue Malbaie Inc.........            0.00
White Birch Paper Canada Company, Papier Masson WB LP,              0.00
 FF Soucy WB LP, and Stadacona WB LP....................
All Others..............................................            0.00
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding, in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of UGW paper from 
Canada, as described in Appendix I of this notice, which were entered, 
or withdrawn from warehouse, for consumption on or after March 19, 
2018, the date of publication of the preliminary determination of this 
investigation in the Federal Register, other than entries of UGW paper 
produced and exported by Resolute, and produced and exported by White 
Birch, because their rates are zero. Entries for the companies subject 
to the ``all others'' rate will be subject to suspension of liquidation 
at the ``all others'' rate.
    Further, Commerce will instruct CBP to require a cash deposit equal 
to the estimated amount by which the normal value exceeds the U.S. 
price as shown above.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. In 
addition, we are making available to the ITC all non-privileged and 
non-proprietary information related to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either

[[Page 39414]]

publicly or under an administrative protective order (APO), without the 
written consent of the Assistant Secretary for Enforcement and 
Compliance.
    Because the final determination in this proceeding is affirmative, 
in accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of UGW paper from Canada no later than 45 days after 
our final determination. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise, other than those produced and exported by 
Resolute, and those produced and exported by White Birch, because their 
rates are zero, entered, or withdrawn from warehouse, for consumption 
on or after the effective date of the suspension of liquidation.

Notification Regarding Administrative Protective Orders (APO)

    This notice serves as a reminder to parties subject to APO of their 
responsibility concerning the disposition of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: August 1, 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 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, 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.\6\ 
Additionally, excluded are papers that otherwise meet this 
definition, but which have undergone a creping process over the 
entire surface area of the paper.
---------------------------------------------------------------------------

    \6\ 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.
---------------------------------------------------------------------------

    Also excluded are uncoated groundwood construction paper and 
uncoated groundwood manila drawing paper in sheet or roll format. 
Excluded uncoated groundwood construction paper and uncoated 
groundwood manila drawing paper: (a) Have a weight greater than 61 
grams per square meter; (b) have a thickness greater than 6.1 
caliper, i.e., greater than .0061'' or 155 microns; (c) are produced 
using at least 50 percent thermomechanical pulp; and (d) have a 
shade, as measured by CIELAB, as follows: L* less than or 75.0 or b* 
greater than or equal to 25.0.
    Also excluded is uncoated groundwood directory paper that: (a) 
Has a basis weight of 34 grams per square meter or less; and (b) has 
a thickness of 2.6 caliper mils or 66 microns or less.
    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.\7\ Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.

    \7\ 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.
---------------------------------------------------------------------------

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
General
    Comment 1: Whether There was Sufficient Industry Support to 
Initiate this Investigation
    Comment 2: Respondent Selection and Calculation of the ``All 
Others'' Rate
    Comment 3: Differential Pricing Methodology
Catalyst
    Comment 4: Fixed Asset Impairment for Catalyst
    Comment 5: Treatment of Catalyst's Home Market Barter Sales
    Comment 6: Treatment of Catalyst's Sales Which May Have Been 
Destined for Mexico
    Comment 7: Insurance Recovery Costs for Catalyst
    Comment 8: Catalyst's Home Market Bank Charges
    Comment 9: Errors in Catalyst's Preliminary Determination Margin 
Program
    Comment 10: Verification Corrections for Catalyst
Resolute
    Comment 11: Resolute's Short-Term U.S. Dollar Borrowing Rate
    Comment 12: Treatment of Resolute's Corporate Level Costs
VI. Recommendation

[FR Doc. 2018-17020 Filed 8-8-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                39412                        Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices

                                                request for administrative review.5 On                  Notifications                                         DATES:   Effective August 9, 2018.
                                                July 11, 2018, both the petitioner and                     This notice serves as a final reminder             FOR FURTHER INFORMATION CONTACT:
                                                ASPA also withdrew their respective                     to importers of their responsibility                  David Goldberger or Terre Keaton
                                                requests for an administrative review of                under 19 CFR 351.402(f)(2) to file a                  Stefanova, AD/CVD Operations, Office
                                                Soc Trang Seafood Joint Stock Company                   certificate regarding the reimbursement               II, Enforcement and Compliance,
                                                and its various name iterations, as listed              of antidumping duties prior to                        International Trade Administration,
                                                in the Initiation Notice.6 Subsequently,                liquidation of the relevant entries                   U.S. Department of Commerce, 1401
                                                on July 12, 2018, the petitioner and                    during this review period. Failure to                 Constitution Avenue NW, Washington,
                                                ASPA also withdrew their respective                     comply with this requirement could                    DC 20230; telephone: (202) 482–4136 or
                                                requests for administrative review of                   result in Commerce’s presumption that                 (202) 482–1280.
                                                Seavina Joint Stock Company and its                     reimbursement of the antidumping                      SUPPLEMENTARY INFORMATION:
                                                various name iterations, as listed in the               duties occurred and the subsequent
                                                Initiation Notice.7 No other party                                                                            Background
                                                                                                        assessment of doubled antidumping
                                                requested a review of Seavina Joint                     duties.                                                 On March 19, 2018, Commerce
                                                Stock Company.                                             This notice also serves as a final                 published the Preliminary
                                                                                                        reminder to parties subject to                        Determination of sales at LTFV of UGW
                                                Partial Rescission of Review                                                                                  paper from Canada, in which we also
                                                                                                        administrative protective order (APO) of
                                                  Pursuant to 19 CFR 351.213(d)(1),                     their responsibility concerning the                   postponed the final determination to
                                                Commerce will rescind an                                return or destruction of proprietary                  August 1, 2018.1 A summary of the
                                                administrative review, in whole or in                   information disclosed under APO in                    events that occurred since Commerce
                                                part, if the party that requested the                   accordance with 19 CFR 351.305(a)(3),                 published the Preliminary
                                                review withdraws its request within 90                  which continues to govern business                    Determination, as well as a full
                                                days of the publication of the notice of                proprietary information in this segment               discussion of the issues raised by parties
                                                initiation of the requested review.                                                                           for this final determination, may be
                                                                                                        of the proceeding. Timely written
                                                Because all requests for administrative                                                                       found in the Issues and Decision
                                                                                                        notification of the return or destruction
                                                review of Soc Trang Seafood Joint Stock                                                                       Memorandum, which is hereby adopted
                                                                                                        of APO materials, or conversion to
                                                Company and Seavina Joint Stock                                                                               by this notice.2
                                                                                                        judicial protective order, is hereby
                                                Company were withdrawn within 90                        requested. Failure to comply with the                 Scope of the Investigation
                                                days of the date of publication of the                  regulations and terms of an APO is a                    The product covered by this
                                                Initiation Notice, and no other                         violation which is subject to sanction.               investigation is UGW paper from
                                                interested party requested a review of                     This notice is issued and published in             Canada. For a complete description of
                                                these companies, Commerce is                            accordance with sections 751(a)(1) and                the scope of the investigation, see
                                                rescinding this review with respect to                  777(i)(1) of the Tariff Act of 1930, as               Appendix I.
                                                Soc Trang Seafood Joint Stock Company                   amended, and 19 CFR 351.213(d)(4).
                                                and Seavina Joint Stock Company, in                                                                           Analysis of Comments Received
                                                                                                          Dated: August 3, 2018.
                                                accordance with 19 CFR 351.213(d)(1).                                                                            All issues raised in the case and
                                                                                                        James Maeder,
                                                The administrative review remains                                                                             rebuttal briefs by parties in this
                                                active with respect to all other                        Associate Deputy Assistant Secretary for
                                                                                                        Antidumping and Countervailing Duty                   investigation are addressed in the Issues
                                                companies initiated for review.                         Operations performing the duties of Deputy            and Decision Memorandum. A list of
                                                Assessment                                              Assistant Secretary for Antidumping and               the issues raised is attached to this
                                                                                                        Countervailing Duty Operations.                       notice as Appendix II. The Issues and
                                                   Commerce will instruct U.S. Customs                  [FR Doc. 2018–17051 Filed 8–8–18; 8:45 am]            Decision Memorandum is a public
                                                and Border Protection (CBP) to assess                   BILLING CODE 3510–DS–P                                document and is on file electronically
                                                antidumping duties on all appropriate                                                                         via Enforcement and Compliance’s
                                                entries at a rate equal to the cash deposit                                                                   Antidumping and Countervailing Duty
                                                of estimated antidumping duties                         DEPARTMENT OF COMMERCE                                Centralized Electronic Service System
                                                required at the time of entry, or                                                                             (ACCESS). ACCESS is available to
                                                withdrawal from warehouse, for                          International Trade Administration                    registered users at https://
                                                consumption, during the period                          [A–122–861]                                           access.trade.gov, and it is available to
                                                February 1, 2017, through January 31,                                                                         all parties in the Central Records Unit,
                                                2018, in accordance with 19 CFR                         Certain Uncoated Groundwood Paper                     Room B–8024 of the main Department
                                                351.212(c)(1)(i). Commerce intends to                   From Canada: Final Determination of                   of Commerce building. In addition, a
                                                issue appropriate assessment                            Sales at Less Than Fair Value                         complete version of the Issues and
                                                instructions to CBP 15 days after the                                                                         Decision Memorandum can be accessed
                                                publication of this notice in the Federal               AGENCY:   Enforcement and Compliance,                 directly at http://enforcement.trade.gov/
                                                Register.                                               International Trade Administration,                   frn/index.html. The signed and
                                                                                                        Department of Commerce.                               electronic versions of the Issues and
                                                   5 See Soc Trang Seafood Joint Stock Company’s        SUMMARY: The Department of Commerce
                                                Letter, ‘‘Withdrawal of Request for Review,’’ dated     (Commerce) determines that certain                      1 See Certain Uncoated Groundwood Paper from
                                                July 11, 2018.                                          uncoated groundwood paper (UGW                        Canada: Preliminary Affirmative Determination of
                                                   6 See the petitioners’ Submission, ‘‘Domestic                                                              Sales at Less Than Fair Value, Postponement of
                                                                                                        paper) from Canada is being, or is likely
sradovich on DSK3GMQ082PROD with NOTICES




                                                Producers’ Partial Withdrawal of Review Requests,’’                                                           Final Determination and Extension of Provisional
                                                dated July 11, 2018, and ASPA’s Submission,             to be, sold in the United States at less              Measures, 83 FR 11960 (March 19, 2018)
                                                ‘‘Partial Withdrawal of Request for Administrative      than fair value (LTFV). The period of                 (Preliminary Determination).
                                                Review,’’ dated July 11, 2018.                          investigation (POI) is July 1, 2016,                    2 See Memorandum, ‘‘Issues and Decision
                                                   7 See ASPA’s Submissions, ‘‘Partial Withdrawal                                                             Memorandum for the Final Affirmative
                                                                                                        through June 30, 2017. The final
                                                of Review for Administrative Review,’’ dated July                                                             Determination in the Less-Than-Fair-Value
                                                12, 2018 and the petitioner’s Submission, ‘‘Partial
                                                                                                        dumping margins of sales at LTFV are                  Investigation of Certain Uncoated Groundwood
                                                Withdrawal of Review Requests,’’ dated July 12,         listed below in the ‘‘Final                           Paper from Canada,’’ dated concurrently with this
                                                2018.                                                   Determination’’ section of this notice.               notice (Issues and Decision Memorandum).



                                           VerDate Sep<11>2014   18:11 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                                                        Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices                                                                                              39413

                                                Decision Memorandum are identical in                                        verification, we made certain changes to                                     margins determined for the individually
                                                content.                                                                    the margin calculations for Catalyst,                                        investigated exporters and producers.
                                                                                                                            Resolute, and White Birch Paper. For a                                          Commerce has continued to calculate
                                                Verification
                                                                                                                            discussion of these changes, see the                                         zero rates for Resolute and White Birch
                                                  As provided in section 782(i) of the                                      ‘‘Margin Calculation’’ section of the                                        Paper. Further, because of the
                                                Tariff Act of 1930, as amended (the Act),                                   Issues and Decision Memorandum.                                              substantial change to the scope of this
                                                in March and April 2018, we conducted
                                                                                                                            ‘‘All Others’’ Rate                                                          investigation at the time of the
                                                verifications of the sales and cost
                                                                                                                                                                                                         Preliminary Determination, we find that
                                                information submitted by Catalyst Pulp
                                                                                                                              Section 735(c)(5)(A) of the Act                                            Catalyst can no longer be considered an
                                                and Paper Sales, Inc. and Catalyst Paper
                                                                                                                            provides that the estimated ‘‘all others’’                                   ‘‘individually investigated’’ exporter or
                                                General Partnership (collectively,
                                                                                                                            rate shall be an amount equal to the                                         producer, within the meaning of section
                                                Catalyst); Resolute FP Canada Inc. and
                                                Donohue Malbaie Inc. (collectively,                                         weighted average of the estimated                                            735(c) of the Act.4 Therefore, there are
                                                Resolute); and White Birch Paper                                            weighted-average dumping margins                                             no margins for ‘‘individually
                                                Canada Company, Papier Masson WB                                            established for exporters and producers                                      investigated’’ respondents in this
                                                LP, FF Soucy WB LP, and Stadacona                                           individually investigated, excluding any                                     investigation that are not zero.
                                                WB LP (collectively, White Birch Paper)                                     zero or de minimis margins, and                                              Consequently, we assigned the ‘‘all
                                                for use in our final determination. We                                      margins determined entirely under                                            others’’ rate pursuant to section
                                                used standard verification procedures,                                      section 776 of the Act. Section                                              735(c)(5)(B) of the Act by averaging the
                                                including an examination of relevant                                        735(c)(5)(B) of the Act provides that if                                     margins for the ‘‘individually
                                                accounting and production records, and                                      the estimated weighted-average                                               investigated’’ respondents. Specifically,
                                                original source documents provided by                                       dumping margins for all individually                                         we assigned the zero rate calculated for
                                                Catalyst, Resolute, and White Birch                                         investigated exporters and producers are                                     Resolute and White Birch Paper as the
                                                Paper.3                                                                     zero or de minimis or determined                                             rate for ‘‘all others’’ producers and
                                                                                                                            entirely under section 776 of the Act,                                       exporters in this investigation.5
                                                Changes Since the Preliminary                                               then Commerce may use any reasonable
                                                Determination                                                                                                                                            Final Determination
                                                                                                                            method to establish the estimated all
                                                  Based on our analysis of the                                              others rate, including averaging the                                           The final estimated weighted-average
                                                comments received and our findings at                                       estimated weighted-average dumping                                           dumping margins are as follows:

                                                                                                                                                                                                                                                           Weighted-
                                                                                                                                                                                                                                                            average
                                                                                                                                  Exporter/manufacturer                                                                                                      margin
                                                                                                                                                                                                                                                           (percent)

                                                Catalyst Pulp and Paper Sales, Inc. and Catalyst Paper General Partnership ..................................................................................                                                    16.88
                                                Resolute FP Canada Inc. and Donohue Malbaie Inc .........................................................................................................................                                         0.00
                                                White Birch Paper Canada Company, Papier Masson WB LP, FF Soucy WB LP, and Stadacona WB LP .....................................                                                                                  0.00
                                                All Others .............................................................................................................................................................................................          0.00



                                                Disclosure                                                                  entered, or withdrawn from warehouse,                                        value exceeds the U.S. price as shown
                                                                                                                            for consumption on or after March 19,                                        above.
                                                  We will disclose the calculations
                                                                                                                            2018, the date of publication of the
                                                performed within five days of the date                                                                                                                   International Trade Commission (ITC)
                                                                                                                            preliminary determination of this
                                                of publication of this notice to parties in                                                                                                              Notification
                                                                                                                            investigation in the Federal Register,
                                                this proceeding, in accordance with 19
                                                CFR 351.224(b).                                                             other than entries of UGW paper                                                 In accordance with section 735(d) of
                                                                                                                            produced and exported by Resolute, and                                       the Act, we will notify the ITC of the
                                                Continuation of Suspension of                                               produced and exported by White Birch,                                        final affirmative determination of sales
                                                Liquidation                                                                 because their rates are zero. Entries for                                    at LTFV. In addition, we are making
                                                   In accordance with section                                               the companies subject to the ‘‘all                                           available to the ITC all non-privileged
                                                735(c)(1)(B) of the Act, Commerce will                                      others’’ rate will be subject to                                             and non-proprietary information related
                                                instruct U.S. Customs and Border                                            suspension of liquidation at the ‘‘all                                       to this investigation. We will allow the
                                                Protection (CBP) to continue to suspend                                     others’’ rate.                                                               ITC access to all privileged and business
                                                liquidation of all appropriate entries of                                     Further, Commerce will instruct CBP                                        proprietary information in our files,
                                                UGW paper from Canada, as described                                         to require a cash deposit equal to the                                       provided the ITC confirms that it will
                                                in Appendix I of this notice, which were                                    estimated amount by which the normal                                         not disclose such information, either
                                                   3 For discussion of our verification findings, see                       Investigation of Certain Uncoated Groundwood                                 the Antidumping Duty Investigation of Uncoated
                                                the following memoranda: Memorandum                                         Paper from Canada,’’ dated May 21, 2018;                                     Groundwood Paper from Canada,’’ dated June 5,
                                                ‘‘Verification of the Cost Response of White Birch                          Memorandum, ‘‘Verification of the Sales Response                             2018.
                                                Paper Canada Company in the Antidumping Duty                                of White Birch Paper in the Antidumping                                        4 However, pursuant to section 735(a) of the Act,
sradovich on DSK3GMQ082PROD with NOTICES




                                                Less Than Fair Value Investigation of Uncoated                              Investigation of Certain Uncoated Groundwood                                 we continue to reach an affirmative final
                                                Groundwood Paper from Canada,’’ dated April 20,                             Paper from Canada,’’ dated May 24, 2018;
                                                                                                                                                                                                         determination with respect to Catalyst, and we have
                                                2018; Memorandum, ‘‘Verification of the Sales                               Memorandum, ‘‘Verification of the Sales Response
                                                Questionnaire Responses of Catalyst Pulp and Paper                          of Resolute FP Canada Inc. and Donohue Malbaie                               used the record evidence and verification findings
                                                Sales, Inc. and Catalyst Paper General Partnership                          Inc. (collectively, Resolute),’’ dated May 31, 2018;                         with respect to Catalyst to calculate its weighted-
                                                (collectively, Catalyst) in the Antidumping Duty                            Memorandum ‘‘Verification of the Cost Response of                            average dumping margin. For further discussion,
                                                Investigation of Certain Uncoated Groundwood                                Catalyst in the Antidumping Duty Investigation of                            see the Issues and Decision Memorandum at
                                                Paper from Canada,’’ dated May 18, 2018;                                    Certain Uncoated Groundwood Paper from                                       Comment 2.
                                                Memorandum, ‘‘Verification of the Sales Response                            Canada,’’ dated May 31, 2018; and Memorandum,                                  5 For further discussion, see the Issues and

                                                of White Birch Paper in the Antidumping                                     ‘‘Verification of the Cost Response of Resolute in                           Decision Memorandum at Comment 2.



                                           VerDate Sep<11>2014         18:11 Aug 08, 2018          Jkt 244001       PO 00000        Frm 00012        Fmt 4703       Sfmt 4703       E:\FR\FM\09AUN1.SGM              09AUN1


                                                39414                        Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices

                                                publicly or under an administrative                     (TMP), chemi-thermo mechanical process                II. Background
                                                protective order (APO), without the                     (CTMP), bleached chemi-thermo mechanical              III. Scope of the Investigation
                                                written consent of the Assistant                        process (BCTMP) or any other mechanical               IV. Changes Since the Preliminary
                                                Secretary for Enforcement and                           pulping process. The scope includes paper                   Determination
                                                                                                        shipped in any form, including but not                V. Discussion of the Issues
                                                Compliance.                                             limited to both rolls and sheets.                     General
                                                   Because the final determination in                      Certain uncoated groundwood paper                     Comment 1: Whether There was Sufficient
                                                this proceeding is affirmative, in                      includes but is not limited to standard                     Industry Support to Initiate this
                                                accordance with section 735(b)(2) of the                newsprint, high bright newsprint, book                      Investigation
                                                Act, the ITC will make its final                        publishing, and printing and writing papers.             Comment 2: Respondent Selection and
                                                determination as to whether the                         The scope includes paper that is white, off-                Calculation of the ‘‘All Others’’ Rate
                                                domestic industry in the United States                  white, cream, or colored.                                Comment 3: Differential Pricing
                                                is materially injured, or threatened with                  Specifically excluded from the scope are                 Methodology
                                                material injury, by reason of imports of                imports of certain uncoated groundwood                Catalyst
                                                                                                        paper printed with final content of printed              Comment 4: Fixed Asset Impairment for
                                                UGW paper from Canada no later than
                                                                                                        text or graphic. Also excluded are papers that              Catalyst
                                                45 days after our final determination. If               otherwise meet this definition, but which                Comment 5: Treatment of Catalyst’s Home
                                                the ITC determines that material injury                 have undergone a supercalendering process.6                 Market Barter Sales
                                                or threat of material injury does not                   Additionally, excluded are papers that                   Comment 6: Treatment of Catalyst’s Sales
                                                exist, the proceeding will be terminated                otherwise meet this definition, but which                   Which May Have Been Destined for
                                                and all cash deposits will be refunded.                 have undergone a creping process over the                   Mexico
                                                If the ITC determines that such injury                  entire surface area of the paper.                        Comment 7: Insurance Recovery Costs for
                                                does exist, Commerce will issue an                         Also excluded are uncoated groundwood                    Catalyst
                                                antidumping duty order directing CBP                    construction paper and uncoated                          Comment 8: Catalyst’s Home Market Bank
                                                                                                        groundwood manila drawing paper in sheet                    Charges
                                                to assess, upon further instruction by
                                                                                                        or roll format. Excluded uncoated                        Comment 9: Errors in Catalyst’s
                                                Commerce, antidumping duties on all                     groundwood construction paper and                           Preliminary Determination Margin
                                                imports of the subject merchandise,                     uncoated groundwood manila drawing paper:                   Program
                                                other than those produced and exported                  (a) Have a weight greater than 61 grams per              Comment 10: Verification Corrections for
                                                by Resolute, and those produced and                     square meter; (b) have a thickness greater                  Catalyst
                                                exported by White Birch, because their                  than 6.1 caliper, i.e., greater than .0061’’ or       Resolute
                                                rates are zero, entered, or withdrawn                   155 microns; (c) are produced using at least             Comment 11: Resolute’s Short-Term U.S.
                                                from warehouse, for consumption on or                   50 percent thermomechanical pulp; and (d)                   Dollar Borrowing Rate
                                                after the effective date of the suspension              have a shade, as measured by CIELAB, as                  Comment 12: Treatment of Resolute’s
                                                                                                        follows: L* less than or 75.0 or b* greater                 Corporate Level Costs
                                                of liquidation.
                                                                                                        than or equal to 25.0.                                VI. Recommendation
                                                Notification Regarding Administrative                      Also excluded is uncoated groundwood               [FR Doc. 2018–17020 Filed 8–8–18; 8:45 am]
                                                Protective Orders (APO)                                 directory paper that: (a) Has a basis weight
                                                                                                        of 34 grams per square meter or less; and (b)         BILLING CODE 3510–DS–P
                                                   This notice serves as a reminder to                  has a thickness of 2.6 caliper mils or 66
                                                parties subject to APO of their                         microns or less.
                                                responsibility concerning the                              Certain uncoated groundwood paper is               DEPARTMENT OF COMMERCE
                                                disposition of proprietary information                  classifiable in the Harmonized Tariff
                                                disclosed under APO in accordance                       Schedule of the United States (HTSUS) in              International Trade Administration
                                                with 19 CFR 351.305(a)(3). Timely                       several subheadings, including 4801.00.0120,
                                                notification of the return or destruction               4801.00.0140, 4802.61.1000, 4802.61.2000,             [C–122–862]
                                                                                                        4802.61.3110, 4802.61.3191, 4802.61.6040,
                                                of APO materials, or conversion to                      4802.62.1000, 4802.62.2000, 4802.62.3000,             Certain Uncoated Groundwood Paper
                                                judicial protective order, is hereby                    4802.62.6140, 4802.69.1000, 4802.69.2000,             From Canada: Final Affirmative
                                                requested. Failure to comply with the                   and 4802.69.3000. Subject merchandise may             Countervailing Duty Determination
                                                regulations and the terms of an APO is                  also be imported under several additional
                                                a sanctionable violation.                               subheadings including 4805.91.5000,                   AGENCY:   Enforcement and Compliance,
                                                   This determination and this notice are               4805.91.7000, and 4805.91.9000.7 Although             International Trade Administration,
                                                issued and published pursuant to                        the HTSUS subheadings are provided for                Department of Commerce.
                                                sections 735(d) and 777(i)(1) of the Act.               convenience and customs purposes, the                 SUMMARY: The Department of Commerce
                                                                                                        written description of the merchandise is             (Commerce) determines that
                                                  Dated: August 1, 2018.                                dispositive.
                                                Gary Taverman,                                                                                                countervailable subsidies are being
                                                Deputy Assistant Secretary for Antidumping              Appendix II—List of Topics Discussed                  provided to producers and exporters of
                                                and Countervailing Duty Operations,                     in the Issues and Decision                            certain uncoated groundwood paper
                                                Performing the non-exclusive functions and              Memorandum                                            (UGW paper) from Canada. The period
                                                duties of the Assistant Secretary for                   I. Summary
                                                                                                                                                              of investigation (POI) is January 1, 2016,
                                                Enforcement and Compliance.                                                                                   through December 31, 2016. For
                                                                                                           6 Supercalendering imparts a glossy finish         information on the estimated subsidy
                                                Appendix I—Scope of the Investigation
                                                                                                        produced by the movement of the paper web             rates, see the ‘‘Final Determination’’
                                                  The merchandise covered by this
                                                                                                        through a supercalender which is a stack of           section of this notice.
                                                                                                        alternating rollers of metal and cotton (or other
                                                investigation includes certain paper that has                                                                 DATES: Applicable August 9, 2018.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        softer material). The supercalender runs at high
                                                not been coated on either side and with 50              speed and applies pressure, heat, and friction        FOR FURTHER INFORMATION CONTACT:
                                                percent or more of the cellulose fiber content          which glazes the surface of the paper, imparting      David Crespo or Whitley Herndon, AD/
                                                consisting of groundwood pulp, including                gloss to the surface and increasing the paper’s
                                                groundwood pulp made from recycled paper,               smoothness and density.                               CVD Operations, Office II, Enforcement
                                                weighing not more than 90 grams per square                7 The following HTSUS numbers are no longer
                                                                                                                                                              and Compliance, International Trade
                                                meter. Groundwood pulp includes all forms               active as of January 1, 2017: 4801.00.0020,
                                                                                                                                                              Administration, U.S. Department of
                                                of pulp produced from a mechanical pulping              4801.00.0040, 4802.61.3010, 4802.61.3091, and         Commerce, 1401 Constitution Avenue
                                                process, such as thermo-mechanical process              4802.62.6040.                                         NW, Washington, DC 20230; telephone:


                                           VerDate Sep<11>2014   18:11 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1



Document Created: 2018-08-09 01:12:18
Document Modified: 2018-08-09 01:12:18
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
DatesEffective August 9, 2018.
ContactDavid Goldberger or Terre Keaton Stefanova, 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) 482-4136 or (202) 482-1280.
FR Citation83 FR 39412 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR