[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11174-11177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04699]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-807, A-351-842, A-560-828, A-570-022, A-471-807]


Certain Uncoated Paper From Australia, Brazil, Indonesia, the 
People's Republic of China, and Portugal: Amended Final Affirmative 
Antidumping Determinations for Brazil and Indonesia and Antidumping 
Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC), the Department is issuing antidumping duty orders on certain 
uncoated paper from Australia, Brazil, Indonesia, the People's Republic 
of China (PRC), and Portugal. Also, as explained in this notice, the 
Department is amending its final affirmative determinations with 
respect to Brazil and Indonesia.

DATES: Effective Date: March 3, 2016.

FOR FURTHER INFORMATION CONTACT: Eve Wang at (202) 482-6231 
(Australia), Julia Hancock at (202) 482-1394 (Brazil), Blaine Wiltse at 
(202) 482-6345 (Indonesia), Stephanie Moore at (202) 482-3692 (PRC), or 
Kabir Archuletta at (202) 482-2593 (Portugal), AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 20, 
2016, the Department published its affirmative final determinations in 
the less-than-fair-value (LTFV) investigations of certain uncoated 
paper from Australia, Brazil, Indonesia, the PRC, and Portugal.\1\ On 
February 22, 2016, the ITC notified the Department of its affirmative 
determinations that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by 
reason of the LTFV imports of certain uncoated paper from Australia, 
Brazil, Indonesia, the PRC, and Portugal and its determination that 
critical circumstances do not exist with respect to imports of subject 
merchandise from Australia that are subject to the Department's 
affirmative critical circumstances finding.\2\
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    \1\ See Certain Uncoated Paper From Australia: Final 
Determination of Sales at Less Than Fair Value and Affirmative Final 
Determination of Critical Circumstances, In Part, 81 FR 3108 
(January 20, 2016) (Australia Final); Certain Uncoated Paper From 
Brazil: Final Determination of Sales at Less Than Fair Value, 81 FR 
3115 (January 20, 2016) (Brazil Final); Certain Uncoated Paper From 
Indonesia: Final Determination of Sales at Less Than Fair Value; 81 
FR 3101 (January 20, 2016) (Indonesia Final); Certain Uncoated Paper 
From the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 81 FR 3112 (January 20, 2016) (PRC Final); and 
Certain Uncoated Paper From Portugal: Final Determination of Sales 
at Less Than Fair Value and Final Negative Determination of Critical 
Circumstances, 81 FR 3105 (January 20, 2016) (Portugal Final).
    \2\ See Letter to Christian Marsh, Deputy Assistant Secretary of 
Commerce for Enforcement and Compliance, from Meredith Broadbent, 
Chairman of the U.S. International Trade Commission, regarding 
certain uncoated paper from Australia, Brazil, China, Indonesia, and 
Portugal (February 22, 2016) (ITC Letter). See also Certain Uncoated 
Paper from Australia, Brazil, China, Indonesia, and Portugal, USITC 
Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Final), 
USITC Publication 4592 (February 2016).
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Scope of the Orders

    The scope of these orders includes uncoated paper in sheet form; 
weighing at least 40 grams per square meter but not more than 150 grams 
per square meter; that either is a white paper with a GE brightness 
level \3\ of 85 or higher or is a colored paper; whether or not 
surface-decorated, printed (except as described below), embossed, 
perforated, or punched; irrespective of the smoothness of the surface; 
and irrespective of dimensions (Certain Uncoated Paper).
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    \3\ One of the key measurements of any grade of paper is 
brightness. Generally speaking, the brighter the paper, the better 
the contrast between the paper and the ink. Brightness is measured 
using a GE Reflectance Scale, which measures the reflection of light 
off a grade of paper. One is the lowest reflection, or what would be 
given to a totally black grade, and 100 is the brightest measured 
grade. ``Colored paper'' as used in this scope definition means a 
paper with a hue other than white that reflects one of the primary 
colors of magenta, yellow, and cyan (red, yellow, and blue) or a 
combination of such primary colors.
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    Certain Uncoated Paper includes (a) uncoated free sheet paper that 
meets this scope definition; (b) uncoated ground wood paper produced 
from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this 
scope definition; and (c) any other uncoated paper that meets this 
scope definition regardless of the type of pulp used to produce the 
paper.
    Specifically excluded from the scope are (1) paper printed with 
final content of printed text or graphics and (2) lined paper products, 
typically school supplies, composed of paper that incorporates straight 
horizontal and/or vertical lines that would make the paper unsuitable 
for copying or printing purposes. For purposes of this scope 
definition, paper shall be considered ``printed with final content'' 
where at least one side of the sheet has printed text and/or graphics 
that cover at least five percent of the surface area of the entire 
sheet.
    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 of the orders is dispositive.

Amendment to Final Determinations

    A ministerial error is defined as an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Secretary considers 
ministerial.\4\
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    \4\ See section 735(e) of the Act.
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Brazil Amended Final Determination

    Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and 
(f), the Department is amending the Brazil Final to reflect the 
correction of a ministerial error it made in the final margin assigned 
to one of the respondents. In addition, because the Department 
calculated the ``all-others'' rate based on a weighted-average of the 
respondents' margins using publicly-ranged quantities for their sales 
of subject merchandise, we have revised the all-others rate.\5\
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    \5\ See the ``Estimated Weighted-Average Dumping Margins'' 
section below.

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[[Page 11175]]

    On January 19, 2016, Petitioners submitted a ministerial error 
allegation claiming that the Department made a ministerial error with 
regard to one of the respondent's bank charges, and the SAS programming 
which implemented the bank charge at issue. The Department reviewed the 
record and agrees that we made ministerial errors within the meaning of 
Section 735(e) and 19 CFR 351.224(f). Specifically, the Department made 
an unintentional error with regard to one of the respondent's bank 
charges and SAS programming which implemented the bank charge at 
issue.\6\ We have corrected these errors in this notice.
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    \6\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Paul Walker, Program Manager, Office V, ``Antidumping Duty 
Investigation of Certain Uncoated Paper from Brazil: Analysis of 
Ministerial Error Allegation,'' dated concurrently with this notice.
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Indonesia Amended Final Determination

    Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and 
(f), the Department is amending the Indonesia Final to reflect the 
correction of ministerial errors it made in the final margin assigned 
to the sole cooperative respondent. In addition, because the Department 
applied the respondent's final margin to the ``all-others'' rate and 
further, relied on the highest transaction-specific dumping margin as 
adverse facts available, we have revised the other final rates.\7\
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    \7\ See the ``Estimated Weighted-Average Dumping Margins'' 
section below.
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    On January 19, 2016, PT Anugerah Kertas Utama/PT Riau Andalan 
Kertas/APRIL Fine Paper Macao Commercial Offshore Limited 
(collectively, APRIL) submitted timely filed allegations that the 
Department made ministerial errors in our final determination. On 
January 21, 2016, Petitioners submitted rebuttal comments on APRIL's 
allegations. APRIL alleged the Department made two ministerial errors 
in its final determination: The exclusion of APRIL's home market 
billing adjustments and an inconsistency in the Department's 
calculation of APRIL's difference in merchandise adjustment (DIFMER). 
The Department reviewed the record and agrees that we made ministerial 
errors within the meaning of section 735(e) of the Act and 19 CFR 
351.224(f). Specifically, the Department made unintentional errors with 
regard to the exclusion of APRIL's home market billing adjustments and 
with regard to the calculation of APRIL's DIFMER.\8\ We have corrected 
these errors in this notice.
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    \8\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Melissa G. Skinner, Director, Office II, ``Less-Than-Fair-Value 
Investigation of Certain Uncoated Paper from Indonesia: Allegations 
of Ministerial Errors in the Final Determination,'' dated February 
17, 2016.
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Antidumping Duty Orders

    As stated above, on February 22, 2016, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determinations in these investigations, in which it found material 
injury with respect to certain uncoated paper from Australia, Brazil, 
Indonesia, the PRC, and Portugal and its determination that critical 
circumstances do not exist with respect to imports of subject 
merchandise from Australia that are subject to the Department's 
affirmative critical circumstances finding.\9\ Therefore, in accordance 
with section 735(c)(2) of the Act, we are issuing these antidumping 
duty orders. Because the ITC determined that imports of certain 
uncoated paper from Australia, Brazil, Indonesia, the PRC, and Portugal 
are materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Australia, Brazil, Indonesia, the PRC, and Portugal, 
entered or withdrawn from warehouse for consumption, are subject to the 
assessment of antidumping duties.
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    \9\ See ITC Letter.
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    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of certain uncoated paper from 
Australia, Brazil, Indonesia, the PRC, and Portugal. Antidumping duties 
will be assessed on unliquidated entries of certain uncoated paper from 
Australia, Indonesia, the PRC, and Portugal entered, or withdrawn from 
warehouse, for consumption on or after August 26, 2015, and in the case 
of Brazil, on August 27, 2015, the date of publication of the 
preliminary determinations,\10\ but will not include entries occurring 
after the expiration of the provisional measures period and before 
publication of the ITC's final injury determination as further 
described below.
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    \10\ See Certain Uncoated Paper From Australia: Preliminary 
Determination of Sales at Less Than Fair Value, Negative Preliminary 
Determination of Critical Circumstances, and Postponement of Final 
Determination, 80 FR 51783 (August 26, 2015) (Australia Prelim); 
Certain Uncoated Paper From Brazil: Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final 
Determination, 80 FR 52029 (August 27, 2015) (Brazil Prelim); 
Certain Uncoated Paper From Indonesia: Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final 
Determination, 80 FR 51771 (August 26, 2015) (Indonesia Prelim); 
Certain Uncoated Paper From the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 80 FR 51768 (August 26, 2015) 
(PRC Prelim); and Certain Uncoated Paper From Portugal: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 80 FR 51777 (August 26, 2015) (Portugal 
Prelim).
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of certain uncoated paper from Australia, Brazil, Indonesia, the PRC, 
and Portugal. These instructions suspending liquidation will remain in 
effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amounts as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determinations, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the estimated weighted-average dumping margins listed below.\11\ The 
relevant all-others and PRC-wide rates apply to all producers or 
exporters not specifically listed, as appropriate. For the purpose of 
determining cash deposit rates, the estimated weighted-average dumping 
margins for imports of subject merchandise from Indonesia and the PRC 
will be adjusted, as appropriate, for export subsidies found in the 
final determinations of the companion countervailing duty 
investigations of this merchandise imported from Indonesia and the 
PRC.12 13
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    \11\ See section 736(a)(3) of the Act.
    \12\ See Indonesia Final, 81 FR 3103; see also, PRC Final, 81 
FR, at 3114.
    \13\ We are not adjusting the PRC rates for estimated domestic 
subsidy pass-through because there is no cost-to-price linkage to a 
subsidized program and, thus, we have no basis upon which to make 
such an adjustment in that case.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of

[[Page 11176]]

certain uncoated paper from Australia, Brazil, Indonesia, the PRC, and 
Portugal, we extended the four-month period to six months in each 
case.\14\ In the underlying investigations, the Department published 
the preliminary determinations on August 26, 2015, and August 27, 2015. 
Therefore, the extended period, beginning on the date of publication of 
the preliminary determinations, ended on February 21, 2016, and in the 
case of Brazil, on February 22, 2016. Furthermore, section 737(b) of 
the Act states that definitive duties are to begin on the date of 
publication of the ITC's final injury determination.
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    \14\ See Australia Prelim, Brazil Prelim, Indonesia Prelim, PRC 
Prelim, and Portugal Prelim.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain uncoated paper from Australia, 
Indonesia, the PRC, and Portugal entered, or withdrawn from warehouse, 
for consumption after February 21, 2016, and in the case of Brazil, on 
February 22, 2016, the dates on which the provisional measures expired, 
until and through the day preceding the date of publication of the 
ITC's final injury determinations in the Federal Register. Suspension 
of liquidation will resume on the date of publication of the ITC's 
final determination in the Federal Register.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of subject merchandise from Australia, we will 
instruct CBP to lift suspension and to refund any cash deposits made to 
secure the payment of estimated antidumping duties with respect to 
entries of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after May 28, 2015 (i.e., 90 days prior to the 
date of publication of the Australia Prelim), but before August 26, 
2015, (i.e., the date of publication of the Australia Prelim).

Estimated Weighted-Average Dumping Margins

    The weighted-average antidumping duty margin percentages are as 
follows:
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    \15\ The Department determined that International Paper do 
Brasil Ltda. and International Paper Exportadora Ltda. constituted a 
single entity. See Brazil Final, 81 FR, at 3116.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/manufacturer                   dumping margin
                                                             (percent)
------------------------------------------------------------------------
Australia:
    Paper Australia Pty. Ltd............................          222.46
    All Others..........................................          138.87
Brazil:
    International Paper do Brasil Ltda. and                        41.39
     International Paper Exportadora Ltda.\15\..........
    Suzano Papel e Celulose S.A.........................           22.37
    All Others..........................................           27.11
------------------------------------------------------------------------


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                                                                                              Weighted-
                                                                              Exporter/        average       Cash
                                                                            manufacturer   dumping margin  deposit
                                                                                              (percent)
--------------------------------------------------------------------------------------------------------- ---------
Indonesia:
    Great Champ Trading Limited..........................................           17.46            0.00
    Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT. Pindo Deli            17.46            0.00
     Pulp and Paper Mills (APP/SMG)......................................
    April Fine Paper Macao Commercial OffShore Limited/PT Anugerah Kertas            2.10            2.10
     Utama/PT Riau Andalan Kertas (APRIL)................................
    All Others...........................................................            2.10            2.10
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Note: The cash deposit rates are adjusted to account for the applicable export subsidy rate of 51.75 percent for
  Great Champ Trading Limited and APP/SMG.


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                                                                                     Weighted-
                                                                                      average
                   Exporter                                 Producer              dumping margin   Cash deposit
                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
PRC:
    Greenpoint Global Trading (Macao            Asia Symbol (Guangdong) Paper              84.05           83.92
     Commercial Offshore) Ltd..                  Co., Ltd.; and Asia Symbol
                                                 (Shangong) Pulp & Paper Co.,
                                                 Ltd.
----------------------------------------------------------------------------------------------------------------
    PRC-Wide Entity.............................................................          149.00          148.87
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Note: The cash deposit rates are adjusted to account for the applicable export subsidy rate of 0.13 percent for
  Asia Symbol and the PRC-Wide Entity.


[[Page 11177]]


------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/manufacturer                   dumping margin
                                                             (percent)
------------------------------------------------------------------------
Portugal:
    Portucel S.A.\16\...................................            7.80
    All-Others..........................................            7.80
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
certain uncoated paper from Australia, Brazil, Indonesia, the PRC, and 
Portugal pursuant to section 736(a) of the Act. Interested parties can 
find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
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    \16\ In Portugal Final, we determined to treat several companies 
as a single entity with Portucel S.A.
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    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: February 25, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-04699 Filed 3-2-16; 8:45 am]
 BILLING CODE 3510-DS-P