[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Notices]
[Pages 26074-26075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8792]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(C-580-857)


Notice of Amended Preliminary Countervailing Duty Determination: 
Coated Free Sheet Paper from the Republic of Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 9, 2007, the Department of Commerce (``the 
Department'') published in the Federal Register the notice of 
preliminary affirmative countervailing duty determination in the 
investigation of coated free sheet (``CFS'') paper from the Republic of 
Korea (``Korea''). We are amending our preliminary determination to 
correct ministerial errors discovered with respect to the 
countervailing duty rate calculation for Hansol Paper Co., Ltd. 
(``Hansol''). This correction also affects the countervailing duty rate 
applied to all other companies not individually investigated.

EFFECTIVE DATE: May 8, 2007.

FOR FURTHER INFORMATION CONTACT: Maura Jeffords or Robert Copyak, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, Room 4014, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3146 
and (202) 482-2209, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 2007, we published in the Federal Register the 
preliminary determination that countervailable subsidies are being 
provided to producers and exporters of CFS paper from Korea, as 
provided in section 703 of the Tariff Act of 1930, as amended (``the 
Act''). See Coated Free Sheet Paper From the Republic of Korea: 
Preliminary Affirmative Countervailing Duty Determination, 72 FR 17507 
(April 9, 2007). On April 9, 2007, Hansol filed timely allegations of 
significant ministerial errors contained in the Department's 
preliminary determination. After reviewing the allegations, we have 
determined that the preliminary determination included significant 
ministerial errors. Therefore, in accordance with 19 CFR 351.224(e), we 
have made changes, as described below, to the preliminary 
determination.

Scope of Investigation

    The merchandise covered by this investigation includes coated free 
sheet paper and paperboard of a kind used for writing, printing or 
other graphic purposes. Coated free sheet paper is produced from not-
more-than 10 percent by weight mechanical or combined chemical/
mechanical fibers. Coated free sheet paper is coated with kaolin (China 
clay) or other inorganic substances, with or without a binder, and with 
no other coating. Coated free sheet paper may be surface-colored, 
surface-decorated, printed (except as described below), embossed, or 
perforated. The subject merchandise includes single- and double-side-
coated free sheet paper; coated free sheet paper in both sheet or roll 
form; and is inclusive of all weights, brightness levels, and finishes. 
The terms ``wood free'' or ``art'' paper may also be used to describe 
the imported product.
    Excluded from the scope are: (1) coated free sheet paper that is 
imported printed with final content printed text or graphics; (2) base 
paper to be sensitized for use in photography; and (3) paper containing 
by weight 25 percent or more cotton fiber.
    Coated free sheet paper is classifiable under subheadings 
4810.13.1900, 4810.13.2010, 4810.13.2090, 4810.13.5000, 4810.13.7040, 
4810.14.1900, 4810.14.2010, 4810.14.2090, 4810.14.5000, 4810.14.7040, 
4810.19.1900, 4810.19.2010, and 4810.19.2090 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). While HTSUS subheadings are 
provided for convenience and customs purposes, our written description 
of the scope of this investigation is dispositive.

Analysis of Alleged Significant Ministerial Errors

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from

[[Page 26075]]

inaccurate copying, duplication, or the like, and any other similar 
type of unintentional error which the Secretary considers 
ministerial.'' With respect to preliminary determinations, 19 CFR 
351.224(e) provides that the Department ``will analyze any comments 
received and, if appropriate, correct any significant ministerial error 
by amending the preliminary determination. . . .'' A significant 
ministerial error is defined as an error, the correction of which, 
singly or in combination with other errors, would result in (1) a 
change of at least five absolute percentage points in, but not less 
than 25 percent of, the countervailable subsidy rate calculated in the 
original (erroneous) preliminary determination; or (2) a difference 
between a countervailable subsidy rate of zero (or de minimis) and a 
countervailable subsidy rate of greater than de minimis or vice versa. 
See 19 CFR 351.224(g). We have determined that the preliminary 
determination contained ``significant'' ministerial errors with respect 
to Hansol. As a result, the Department is publishing this amendment to 
its preliminary determination pursuant to 19 CFR 351.224(e).

Amended Preliminary Determination

    Because the combined errors alleged by Hansol regarding the 
countervailable subsidy rate calculation for Hansol were significant, 
we have amended the preliminary countervailing duty rate calculations 
for Hansol. See Memorandum to Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, from the Team, AD/CVD Operations, 
Office 3, regarding Allegations of Ministerial Errors in the 
Calculations for the Preliminary Determination, dated April 30, 
2007.\1\ In addition, we have amended the ``All Others'' rate 
applicable to companies that were not individually investigated. As a 
result of corrections of ministerial errors, the countervailable 
subsidy rates are as follows:
---------------------------------------------------------------------------

    \1\ This public document is available on the public record in 
the Department's Central Records Unit (room B-099).

----------------------------------------------------------------------------------------------------------------
                  Producer/Exporter                       Original Subsidy Rate         Amended Subsidy Rate
----------------------------------------------------------------------------------------------------------------
EN Paper............................................               0.08 ad valorem               0.08 ad valorem
Hansol..............................................               1.76 ad valorem               0.89 ad valorem
Kyesung (and its affiliate Namhan)..................               0.59 ad valorem               0.59 ad valorem
Moorim (and its affiliate Moorim SP)................               0.04 ad valorem               0.04 ad valorem
All Others Rate.....................................               1.76 ad valorem                    de minimis
----------------------------------------------------------------------------------------------------------------

    The collection of bonds or cash deposits and suspension of 
liquidation will be revised accordingly and parties will be notified of 
this determination, in accordance with section 703(d) and (f) of the 
Act. Specifically, since the amended preliminary determination is 
negative, we are directing U.S. Customs and Border Protection (``CBP'') 
to terminate suspension of liquidation of all entries of the subject 
merchandise from Korea.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we have notified the 
International Trade Commission (``ITC'') of our amended preliminary 
determination. If our final determination is affirmative, 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 CFS paper, or sales (or the likelihood 
of sales) for importation, of the subject merchandise within 75 days of 
our final determination.
    This determination is issued and published in accordance with 
sections 703(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: April 30, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-8792 Filed 5-7-07; 8:45 am]
BILLING CODE 3510-DS-S