[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Notices]
[Pages 77603-77605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31559]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-958]


Certain Coated Paper Suitable for High-Quality Print Graphics 
Using Sheet-Fed Presses From the People's Republic of China: Notice of 
Court Decision Not in Harmony With Final Determination of Sales at Less 
Than Fair Value and Notice of Amended Final Determination of Sales at 
Less Than Fair Value Pursuant to Court Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 23, 2015, the United States Court of International 
Trade (``CIT'') issued its final judgment \1\ sustaining the Department 
of Commerce's (the ``Department'') final results of redetermination \2\ 
issued pursuant to the CIT's remand order in Gold East Paper (Jiangsu) 
Co. v. United States, Court No. 10-00371, Slip Op. 15-37 (CIT 2015) 
(``Gold East III''), with respect to the Department's amended final 
determination \3\ of the antidumping duty investigation of certain 
coated paper suitable for high-quality print graphics using sheet-fed 
presses (``coated paper'') from the People's Republic of China. 
Consistent with the decision of the United States Court of Appeals for 
the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 
337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades 
Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) 
(``Diamond Sawblades''), the Department is notifying the public that 
the final judgment in this case is not in harmony with the Department's 
Final Determination and is amending the Final Determination with 
respect to the dumping margin determined for Gold East Paper (Jiangsu) 
Co., Ltd., Gold Huasheng Paper Co., Ltd., Gold East

[[Page 77604]]

(Hong Kong) Trading Co., Ltd., Ningbo Zhonghua Paper Co., Ltd., Ningbo 
Asia Pulp and Paper Co., Ltd. (collectively, ``APP-China''), exporters 
and producers of subject merchandise.
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    \1\ See Gold East Paper (Jiangsu) Co. v. United States, Court 
No. 10-00371, Slip Op. 15-131 (CIT November 23, 2015) (``Gold East 
IV'').
    \2\ See Final Results of Redetermination Pursuant to Court 
Remand, Gold East Paper (Jiangsu) Co. v. United States, Court No. 
10-00371, Slip Op. 15-37 (CIT 2015), dated July 10, 2015 (``Remand 
Redetermination III'').
    \3\ See Certain Coated Paper Suitable for High-Quality Print 
Graphics Using Sheet-Fed Presses From the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 75 FR 
59217 (September 27, 2010), as amended by Certain Coated Paper 
Suitable for High-Quality Print Graphics Using Sheet-Fed Presses 
From the People's Republic of China: Amended Final Determination of 
Sales at Less Than Fair Value and Antidumping Order, 75 FR 70203 
(November 17, 2010), (collectively, ``Final Determination'').

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DATES: Effective Date: December 3, 2015.

FOR FURTHER INFORMATION CONTACT: Eve Wang, Office III, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6231.

SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final 
Determination, APP-China filed a complaint with the CIT challenging 
aspects of the methodology used to determine its dumping margin in the 
Final Determination.
    On June 17, 2013, the CIT issued Gold East I, instructing the 
Department to re-visit its decision on multiple issues in the 
underlying investigation.\4\ On January 13, 2014, the Department issued 
its Remand Redetermination I.\5\ Consistent with the CIT's instructions 
in Gold East I, the Department (1) recalculated the value of certain 
inputs using only market economy purchase (``MEP'') prices, (2) used 
prices from Korea and Thailand for purposes of valuing certain other 
inputs; (3) corrected certain programming errors in the targeted 
dumping calculation; (4) continued to classify certain of APP-China's 
sales as export price (``EP''), and (5) applied the average-to-average 
methodology to all of APP-China's sales.\6\
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    \4\ See Gold East Paper (Jiangsu) Co. v. United States, 918 F. 
Supp. 2d 1317 (CIT 2013) (``Gold East I'').
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Gold East Paper (Jiangsu) Co. v. United States, Court Order 
No. 10-00371, Slip Op. 13-74 (CIT 2013), dated January 13, 2014 
(``Remand Redetermination I'')
    \6\ See Remand Redetermination I at 2.
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    On July 2, 2014, the CIT sustained in part, and remanded in part 
the Department's first remand redetermination.\7\ On November 26, 2014, 
the Department issued its Remand Redetermination II.\8\ Pursuant to the 
CIT's instructions in Gold East II, the Department used APP-China's 
prices for inputs from Thailand and did not use APP-China's prices for 
inputs from South Korea to calculate its dumping margin.\9\ 
Additionally, the Department continued to apply the average-to-average 
methodology without zeroing to all of APP-China's sales.\10\
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    \7\ See Gold East Paper (Jiangsu) Co. v. United States, 991 F. 
Supp. 2d 1357 (CIT 2014) (``Gold East II'').
    \8\ See Final Results of Redetermination Pursuant to Court 
Remand, Gold East Paper (Jiangsu) Co. v. United States, Court Order 
No. 10-00371, Slip Op. 14-79 (CIT 2014), dated November 26, 2014 
(``Remand Redetermination II'').
    \9\ Id.
    \10\ Id.
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    On April 22, 2015, the CIT issued its decision in Gold East III, in 
which it remanded the Department's conclusion that no information 
generally available to it at the time of the Final Determination 
supports a finding that the MEP prices for certain inputs from Thailand 
during the period of investigation may have been distorted because of 
countervailable export subsidies.\11\ Additionally, the CIT instructed 
the Department to explain its decision not to rely on the differential 
pricing (``DP'') analysis in complying with the CIT's order to apply 
the previously withdrawn targeted dumping regulation.\12\ On July 10, 
2015, the Department reversed its decision of relying on APP-China's 
prices for inputs from Thailand and, consistent with the CIT order, 
applied the average-to-transaction methodology in its targeted dumping 
analysis to APP-China's sales which were found to be targeted.\13\
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    \11\ See Gold East III.
    \12\ Id.
    \13\ See Remand Redetermination III.
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    On November 23, 2015, the CIT issued its decision in Gold East IV, 
in which it sustained the Department's Remand Redetermination III, 
finding that the Department's determination that the presumption of the 
continued existence of a broadly-available, non-industry-specific 
program that may have distorted APP-China's Thai suppliers' prices was 
reasonable and supported by the record as a whole, and that the 
targeted dumping methodology the Department employed was 
reasonable.\14\
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    \14\ See Gold East IV.
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's November 23, 2015, 
judgment in this case constitutes a final court decision that is not in 
harmony with the Department's Final Determination. This notice is 
published in fulfillment of the publication requirements of Timken.

Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending the Final Determination with respect 
to APP-China's weighted-average dumping margin, effective December 3, 
2015. The revised dumping margin is as follows:

------------------------------------------------------------------------
                                                           Final percent
            Exporter                     Producer             margin
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Gold East Paper (Jiangsu) Co.,   Gold East Paper                    3.64
 Ltd.;.                           (Jiangsu) Co., Ltd.;.
Gold Huasheng Paper Co., Ltd.;.  Gold Huasheng Paper
Ningbo Zhonghua Paper Co.,        Co., Ltd.;.
 Ltd.;.                          Ningbo Zhonghua Paper
Ningbo Asia Pulp and Paper Co.,   Co., Ltd.;.
 Ltd.;.                          Ningbo Asia Pulp and
Gold East (Hong Kong) Trading     Paper Co., Ltd..
 Co., Ltd..
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    Accordingly, the Department will continue the suspension of 
liquidation pending the expiration of the period of appeal or if 
appealed, pending a final and conclusive court decision.

Cash Deposit Requirements

    Since the Final Determination, the Department has not established a 
new cash deposit rate for the above-listed APP-China companies. As a 
result, in accordance with section 735(c)(1)(B) of the Act, the 
Department will instruct CBP to collect a cash deposit of 3.64 percent 
for entries of subject merchandise exported and produced by APP-China, 
effective December 3, 2015.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 735(d), and 777(i)(1) of the Act.


[[Page 77605]]


    Dated: December 9, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-31559 Filed 12-14-15; 8:45 am]
 BILLING CODE P