[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)]
[Notices]
[Pages 29364-29365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12496]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-470-471 and 731-TA-1169-1170 (Final)]


Certain Coated Paper Suitable for High-Quality Print Graphics 
Using Sheet-Fed Presses From China and Indonesia

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation No. 701-TA-470-471 
(Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 
1671d(b)) (the Act) and the final phase of antidumping investigation 
No. 731-TA-1169-1170 (Final) under section 735(b) of the Act (19 U.S.C. 
1673d(b)) to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of subsidized and less-than-fair-value imports from 
China and Indonesia of certain coated paper, provided for in 
subheadings 4810.14.11, 4810.14.1900, 4810.14.2010, 4810.14.2090, 
4810.14.5000, 4810.14.6000, 4810.14.70, 4810.19.1100, 4810.19.1900, 
4810.19.2010, 4810.19.2090, 4810.22.1000, 4810.22.50, 4810.22.6000, 
4810.22.70, 4810.29.1000, 4810.29.5000, 4810.29.6000, 4810.29.70 of the 
Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``certain coated 
paper and paperboard in sheets suitable for high quality print 
graphics using sheet-fed presses; coated on one or both sides with 
kaolin (China or other clay), calcium carbonate, titanium dioxide, 
and/or other inorganic substances; with or without a binder; having 
a GE brightness level of 80 or higher; weighing not more than 340 
grams per square meter; whether gloss grade, satin grade, matte 
grade, dull grade, or any other grade of finish; whether or not 
surface-colored, surface decorated, printed (except as described 
below), embossed, or perforated; and irrespective of dimensions 
(``certain coated paper''). Certain coated paper includes (a) coated 
free sheet paper and paperboard that meets this scope definition; 
(b) coated groundwood paper and paperboard produced from bleached 
chemi-thermo-mechanical pulp (``BCTMP'') that meets this scope 
definition; and (c) any other coated paper and paperboard that meets 
this scope definition. Certain coated paper is typically (but not 
exclusively) used for printing multicolored graphics for catalogues, 
books, magazines, envelopes, labels and wraps, greeting cards, and 
other commercial printing applications requiring high quality print 
graphics. Specifically excluded from the scope are imports of paper 
and paperboard printed with final content printed text or 
graphics.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES:  Effective Date: May 6, 2010.

FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise (202-708-5408), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in China and 
Indonesia of certain coated paper, and that such products are being 
sold in the United States at less than fair value within the meaning of 
section 733 of the Act (19 U.S.C. 1673b). The investigations were 
requested in a petition filed on September 23, 2009, by Appleton 
Coating, LLC, Kimberly, WI; NewPage Corp., Mianisburg, OH; Sappi Fine 
Paper North America, Boston, MA; and the United Steel, Paper and 
Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service 
Workers International Union (``USW'').
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the

[[Page 29365]]

investigations need not file an additional notice of appearance during 
this final phase. The Secretary will maintain a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on 
September 2, 2010, and a public version will be issued thereafter, 
pursuant to section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on September 
16, 2010, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before September 10, 2010. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on September 14, 2010, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is September 10, 2010. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is September 23, 2010; witness testimony must be filed no later 
than three days before the hearing. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before September 23, 2010. On October 13, 2010, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before October 15, 2010, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means, 
except to the extent permitted by section 201.8 of the Commission's 
rules, as amended, 67 FR 68036 (November 8, 2002). Even where 
electronic filing of a document is permitted, certain documents must 
also be filed in paper form, as specified in II (C) of the Commission's 
Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 
8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: May 19, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-12496 Filed 5-24-10; 8:45 am]
BILLING CODE 7020-02-P