83 FR 56807 - Certain Uncoated Paper From Indonesia: Amended Final Results of Countervailing Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 220 (November 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 220 (November 14, 2018)
| Page Range | 56807-56808 | |
| FR Document | 2018-24800 |
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)] [Notices] [Pages 56807-56808] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24800] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-560-829] Certain Uncoated Paper From Indonesia: Amended Final Results of Countervailing Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending its final results of the administrative review of the countervailing duty (CVD) order on certain uncoated paper from Indonesia to correct ministerial errors in the calculation of the countervailable subsidy rates for PT Anugrah Kertas Utama, PT Riau Andalan Kertas, APRIL Fine Paper Macao Commercial Offshore Limited, and their cross-owned affiliates (collectively APRIL). As a result of the correction of these errors, we calculated a revised subsidy rate for APRIL for 2015; however we did not revise APRIL's subsidy rate for 2016. The amended final 2015 countervailable subsidy rate is listed below in the section entitled, ``Amended Final Results.'' DATES: Applicable November 14, 2018. FOR FURTHER INFORMATION CONTACT: David Goldberger or Darla Brown, 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- 1791, respectively. SUPPLEMENTARY INFORMATION: Background On October 17, 2018, Commerce published the Final Results of the 2015-2016 administrative review in the Federal Register.\1\ On October 16, 2018, domestic interested parties \2\ timely filed ministerial error allegations with respect to the calculation of the countervailable subsidy rates in the Final Results for the respondent in the review, APRIL.\3\ --------------------------------------------------------------------------- \1\ See Certain Uncoated Paper From Indonesia: Final Results of Countervailing Duty Administrative Review; 2015-2016, 83 FR 52383 (October 17, 2018) (Final Results), and accompanying Issues and Decision Memorandum (IDM). \2\ These parties are the Packaging Corporation of America (PCA), and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (USW). \3\ See The Domestic Interested Parties' Letter, ``First Administrative Review of the Countervailing Duty Order on Uncoated Paper from Indonesia--PCA and the USW's Ministerial Error Comments,'' dated October 16, 2018 (Ministerial Error Allegation). --------------------------------------------------------------------------- [[Page 56808]] Scope of the Order The merchandise covered by the order is certain uncoated paper from Indonesia.\4\ Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) categories 4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of subject merchandise may also be classified under 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 and 4811.90.9080. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. --------------------------------------------------------------------------- \4\ For a complete description of the scope of the order, see IDM. --------------------------------------------------------------------------- Ministerial Error Section 751(h) of the Tariff Act of 1930, as amended (the Act), defines ``ministerial errors'' as including ``errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.'' \5\ The domestic interested parties allege that we made ministerial errors in our calculation of the 2015 and 2016 countervailable subsidy rates for APRIL by: (1) Correcting the freight adjustments for one of the benchmark prices used to calculate the 2015 Log Export Ban benefit; (2) correcting the inland freight adjustments for two benchmark prices used to calculate the 2015 and 2016 Provision of Standing Timber for Less Than Adequate Remuneration (Stumpage) benefit; and (3) incorporating all of the revised 2015 harvesting cost data provided at verification to calculate the benefit under the Stumpage program.\6\ After analyzing these comments, we find that we made the alleged ministerial errors in the Final Results, within the meaning of section 751(h) of the Act and 19 CFR 351.224(f).\7\ Correction of these errors in APRIL's benefit calculations results in a revised countervailable subsidy rate for 2015, but no change in the 2016 countervailable subsidy rate. For a detailed discussion of these ministerial errors, see the Ministerial Error Memorandum. --------------------------------------------------------------------------- \5\ See also 19 CFR 351.224(f). \6\ See Ministerial Error Allegation. \7\ See Memorandum, ``Ministerial Error Allegations,'' dated concurrently with this notice (Ministerial Error Memorandum). --------------------------------------------------------------------------- Amended Final Results of the Review As a result of correcting the ministerial errors decribed above, we determine the following countervailable subsidy rates for 2015 and 2016: ------------------------------------------------------------------------ 2015 Ad valorem 2016 Ad valorem Company rate (%) rate \8\ (%) ------------------------------------------------------------------------ APRIL Fine Paper Macao Commercial 11.73 5.13 Offshore Limited/PT Anugrah Kertas Utama/PT Riau Andalan Kertas/PT Intiguna Primatama/PT Riau Andalan Pulp & Paper/PT Esensindo Cipta Cemerlang/PT Sateri Viscose International/ PT ITCI Hutani Manunggal............................ ------------------------------------------------------------------------ Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) in accordance with the amended final results of this review. --------------------------------------------------------------------------- \8\ The 2016 ad valorem rate for APRIL is unchanged from the Final Results. --------------------------------------------------------------------------- Cash Deposit Requirements Commerce instructed CBP to collect cash deposits of estimated countervailing duties at the 2016 ad valorem rate shown above for APRIL, 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 review. After correcting the ministerial errors noted above, the 2016 ad valorem rate calculated for APRIL did not change; therefore, we will not issue revised cash deposit intructions to CBP because the cash deposit rate for APRIL remains unchanged from the Final Results. For all non-reviewed firms, Commerce instructed CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company, as appropriate. Accordingly, the cash deposit requirements applied to companies covered by this order, but not examined in this administrative review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements shall remain in effect until further notice. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written 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 terms of an APO is a sanctionable violation. These amended final results are issued and published in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). Dated: November 7, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018-24800 Filed 11-13-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 56807
deposit rate for all other manufacturers of these preliminary results in the DEPARTMENT OF COMMERCE
or exporters will continue to be 6.41 Federal Register, unless otherwise
percent, the all-others rate established extended.14 International Trade Administration
in the underlying investigation.6 These [C–560–829]
deposit requirements, when imposed, Notification to Importers
shall remain in effect until further This notice also serves as a Certain Uncoated Paper From
notice. Indonesia: Amended Final Results of
preliminary reminder to importers of
Disclosure and Public Comment their responsibility under 19 CFR Countervailing Duty Administrative
351.402(f) to file a certificate regarding Review; 2015–2016
Commerce intends to disclose the
calculations performed in connection the reimbursement of antidumping AGENCY: Enforcement and Compliance,
with these preliminary results to duties prior to liquidation of the International Trade Administration,
interested parties within five days after relevant entries during this review Department of Commerce.
the date of publication of this notice.7 period. Failure to comply with this SUMMARY: The Department of Commerce
Interested parties may submit case briefs requirement could result in Commerce’s (Commerce) is amending its final results
not later than 30 days after the date of presumption that reimbursement of of the administrative review of the
publication of this notice.8 Rebuttal antidumping duties occurred and the countervailing duty (CVD) order on
briefs, limited to issues raised in the subsequent assessment of double certain uncoated paper from Indonesia
case briefs, may be filed no later than antidumping duties. to correct ministerial errors in the
five days after the time limit for filing calculation of the countervailable
case briefs.9 Parties who submit case Notification to Interested Parties subsidy rates for PT Anugrah Kertas
briefs or rebuttal briefs in this Utama, PT Riau Andalan Kertas, APRIL
proceeding are encouraged to submit We are issuing and publishing these
results in accordance with sections Fine Paper Macao Commercial Offshore
with each argument: (1) A statement of Limited, and their cross-owned affiliates
the issue; (2) a brief summary of the 751(a)(1) and 777(i)(1) of the Act.
(collectively APRIL). As a result of the
argument; and (3) a table of Dated: November 1, 2018. correction of these errors, we calculated
authorities.10 Case and rebuttal briefs James Maeder, a revised subsidy rate for APRIL for
should be filed using ACCESS.11 Associate Deputy Assistant Secretary for 2015; however we did not revise
Pursuant to 19 CFR 351.310(c), Antidumping and Countervailing Duty APRIL’s subsidy rate for 2016. The
interested parties who wish to request a Operations performing the duties of Deputy amended final 2015 countervailable
hearing must submit a written request to Assistant Secretary for Antidumping and subsidy rate is listed below in the
the Assistant Secretary for Enforcement Countervailing Duty Operations. section entitled, ‘‘Amended Final
and Compliance, filed electronically via Results.’’
ACCESS. An electronically-filed request Appendix
for a hearing must be received DATES: Applicable November 14, 2018.
List of Topics Discussed in the Preliminary
successfully in its entirety by ACCESS Decision Memorandum FOR FURTHER INFORMATION CONTACT:
by 5 p.m. Eastern Time within 30 days David Goldberger or Darla Brown, AD/
I. Summary
after the date of publication of this CVD Operations, Office II, Enforcement
II. Background
notice.12 Hearing requests should and Compliance, International Trade
III. Period of Review
contain: (1) The party’s name, address, Administration, U.S. Department of
IV. Scope of the Order
and telephone number; (2) the number Commerce, 1401 Constitution Avenue
V. Preliminary Determination of No
of participants; and (3) a list of issues to NW, Washington, DC 20230; telephone:
Shipments
be discussed. Issues raised in the (202) 482–4136 or 202–482–1791,
VI. Review-Specific Rate for Non-Examined
hearing will be limited to issues raised respectively.
Companies
in the briefs. If a request for a hearing VII. Discussion of the Methodology SUPPLEMENTARY INFORMATION:
is made, parties will be notified of the A. Normal Value Comparisons
time and date for the hearing to be held Background
1. Determination of Comparison Method
at the U.S. Department of Commerce, 2. Results of the Differential Pricing On October 17, 2018, Commerce
1401 Constitution Avenue NW, Analysis published the Final Results of the 2015–
Washington, DC 20230.13 B. Date of Sale 2016 administrative review in the
Commerce intends to issue the final C. Product Comparisons Federal Register.1 On October 16, 2018,
results of this administrative review, D. Export Price and Constructed Export domestic interested parties 2 timely filed
including the results of its analysis of Price ministerial error allegations with respect
issues raised in any written briefs, not E. Normal Value to the calculation of the countervailable
later than 120 days after the publication 1. Home Market Viability subsidy rates in the Final Results for the
6 See Certain Hot-Rolled Steel Flat Products from
2. Currency of Home Market Unit Price respondent in the review, APRIL.3
3. Level of Trade
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the 4. Overrun Sales 1 See Certain Uncoated Paper From Indonesia:
United Kingdom: Amended Final Affirmative 5. Cost of Production Analysis Final Results of Countervailing Duty Administrative
Review; 2015–2016, 83 FR 52383 (October 17, 2018)
Antidumping Determinations for Australia, the 6. Calculation of Normal Value Based on
Republic of Korea, and the Republic of Turkey and (Final Results), and accompanying Issues and
Home Market Prices Decision Memorandum (IDM).
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016).
VIII. Currency Conversion 2 These parties are the Packaging Corporation of
7 See 19 CFR 351.224(b). IX. Recommendation America (PCA), and the United Steel, Paper and
8 See 19 CFR 351.309(c)(1)(ii). Forestry, Rubber, Manufacturing, Energy, Allied
[FR Doc. 2018–24795 Filed 11–13–18; 8:45 am]
9 See 19 CFR 351.309(d)(1).
Industrial and Service Workers International Union,
BILLING CODE 3510–DS–P AFL–CIO, CLC (USW).
10 See 19 CFR 351.309(c)(2) and (d)(2).
3 See The Domestic Interested Parties’ Letter,
11 See 19 CFR 351.303.
‘‘First Administrative Review of the Countervailing
12 See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).
Duty Order on Uncoated Paper from Indonesia—
13 See 19 CFR 351.310(c). 14 See Section 751(a)(3)(A) of the Act. Continued
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![56808 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
Scope of the Order written description of the scope is Timber for Less Than Adequate
dispositive. Remuneration (Stumpage) benefit; and
The merchandise covered by the order (3) incorporating all of the revised 2015
is certain uncoated paper from Ministerial Error
harvesting cost data provided at
Indonesia.4 Imports of the subject Section 751(h) of the Tariff Act of verification to calculate the benefit
merchandise are provided for under 1930, as amended (the Act), defines under the Stumpage program.6 After
Harmonized Tariff Schedule of the ‘‘ministerial errors’’ as including ‘‘errors analyzing these comments, we find that
United States (HTSUS) categories in addition, subtraction, or other we made the alleged ministerial errors
4802.56.1000, 4802.56.2000, arithmetic function, clerical errors in the Final Results, within the meaning
4802.56.3000, 4802.56.4000, resulting from inaccurate copying, of section 751(h) of the Act and 19 CFR
4802.56.6000, 4802.56.7020, duplication, or the like, and any other 351.224(f).7 Correction of these errors in
4802.56.7040, 4802.57.1000, type of unintentional error which the APRIL’s benefit calculations results in a
4802.57.2000, 4802.57.3000, and administering authority considers revised countervailable subsidy rate for
4802.57.4000. Some imports of subject ministerial.’’ 5 The domestic interested 2015, but no change in the 2016
merchandise may also be classified parties allege that we made ministerial countervailable subsidy rate. For a
under 4802.62.1000, 4802.62.2000, errors in our calculation of the 2015 and detailed discussion of these ministerial
4802.62.3000, 4802.62.5000, 2016 countervailable subsidy rates for errors, see the Ministerial Error
4802.62.6020, 4802.62.6040, APRIL by: (1) Correcting the freight Memorandum.
adjustments for one of the benchmark
4802.69.1000, 4802.69.2000, Amended Final Results of the Review
prices used to calculate the 2015 Log
4802.69.3000, 4811.90.8050 and
Export Ban benefit; (2) correcting the As a result of correcting the
4811.90.9080. While HTSUS
inland freight adjustments for two ministerial errors decribed above, we
subheadings are provided for benchmark prices used to calculate the determine the following countervailable
convenience and customs purposes, the 2015 and 2016 Provision of Standing subsidy rates for 2015 and 2016:
2015 2016
Ad valorem Ad valorem
Company rate rate 8
(%) (%)
APRIL Fine Paper Macao Commercial Offshore Limited/PT Anugrah Kertas Utama/PT Riau Andalan Kertas/
PT Intiguna Primatama/PT Riau Andalan Pulp & Paper/PT Esensindo Cipta Cemerlang/PT Sateri Viscose
International/ PT ITCI Hutani Manunggal ............................................................................................................ 11.73 5.13
Assessment Rates rate applicable to the company, as Dated: November 7, 2018.
In accordance with 19 CFR appropriate. Accordingly, the cash James Maeder,
351.212(b)(2), Commerce intends to deposit requirements applied to Associate Deputy Assistant Secretary for
issue appropriate instructions to U.S. companies covered by this order, but Antidumping and Countervailing Duty
Customs and Border Protection (CBP) in not examined in this administrative Operations performing the duties of Deputy
accordance with the amended final review, are those established in the most Assistant Secretary for Antidumping and
recently completed segment of the Countervailing Duty Operations.
results of this review.
proceeding for each company. These [FR Doc. 2018–24800 Filed 11–13–18; 8:45 am]
Cash Deposit Requirements cash deposit requirements shall remain BILLING CODE 3510–DS–P
Commerce instructed CBP to collect in effect until further notice.
cash deposits of estimated Administrative Protective Orders
countervailing duties at the 2016 ad DEPARTMENT OF COMMERCE
valorem rate shown above for APRIL, on This notice also serves as a reminder
shipments of subject merchandise to parties subject to administrative International Trade Administration
entered, or withdrawn from warehouse, protective order (APO) of their
for consumption on or after the date of responsibility concerning the [A–201–842; A–580–868; C–580–869]
publication of the final results of this destruction of proprietary information
review. After correcting the ministerial disclosed under APO in accordance Preliminary Results of Changed
errors noted above, the 2016 ad valorem with 19 CFR 351.305(a)(3). Timely Circumstances Reviews of the
rate calculated for APRIL did not written notification of the return or Antidumping Duty Orders on Large
change; therefore, we will not issue destruction of APO materials or Residential Washers From the
revised cash deposit intructions to CBP conversion to judicial protective order is Republic of Korea and Mexico, and the
because the cash deposit rate for APRIL hereby requested. Failure to comply Countervailing Duty Order on Large
remains unchanged from the Final with the regulations and terms of an Residential Washers From the
Results. APO is a sanctionable violation. Republic of Korea
For all non-reviewed firms, These amended final results are
Commerce instructed CBP to continue issued and published in accordance AGENCY: Enforcement and Compliance,
to collect cash deposits at the most with sections 751(h) and 777(i) of the International Trade Administration,
recent company-specific or all-others Act and 19 CFR 351.224(e). Department of Commerce.
PCA and the USW’s Ministerial Error Comments,’’ 5 See also 19 CFR 351.224(f). 8 The 2016 ad valorem rate for APRIL is
dated October 16, 2018 (Ministerial Error 6 See Ministerial Error Allegation. unchanged from the Final Results.
Allegation). 7 See Memorandum, ‘‘Ministerial Error
4 For a complete description of the scope of the Allegations,’’ dated concurrently with this notice
order, see IDM. (Ministerial Error Memorandum).
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Document Created: 2018-11-14 03:32:25
Document Modified: 2018-11-14 03:32:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable November 14, 2018. | |
| Contact | David Goldberger or Darla Brown, 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- 1791, respectively. | |
| FR Citation | 83 FR 56807 |
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