[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11187-11189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04717]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-829, C-570-023]


Certain Uncoated Paper From Indonesia and the People's Republic 
of China: Amended Final Affirmative Countervailing Duty Determination 
and Countervailing Duty Order (Indonesia) and Countervailing Duty Order 
(People's Republic of China)

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 (ITC), 
the Department is issuing countervailing duty (CVD) orders on certain 
uncoated paper from Indonesia and the People's Republic of China (PRC). 
Also, as explained in this notice, the Department is amending its final 
affirmative determination with respect to Indonesia to correct the 
rates assigned to 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 (the APRIL 
companies); Great Champ Trading Limited (Great Champ); Indah Kiat Pulp 
& Paper TBK/Pabrik Kertas Tjiwi Kimia/PT Pindo Deli Pulp and Paper 
Mills (IK/TK/PD); and All-Others.

DATES: Effective Date: March 3, 2016.

FOR FURTHER INFORMATION CONTACT: Indonesia: David Goldberger, Office 
II, telephone: (202) 482-4136; PRC: Joy Zhang, Office III, telephone: 
(202) 482-1168; AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On January 8, 2016, the Department issued its final determinations 
in the CVD investigations of certain uncoated paper from Indonesia and 
the PRC.\1\
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    \1\ See Certain Uncoated Paper From Indonesia: Final Affirmative 
Countervailing Duty Determination, 81 FR 3104 (January 20, 2016) 
(Indonesia Final Determination); Certain Uncoated Paper From the 
People's Republic of China: Final Affirmative Countervailing Duty 
Determination, 81 FR 3110 (January 20, 2016).
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    On January 19, 2016, the Department received a timely allegation 
from Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong) and its 
cross-owned affiliates, Asia Symbol (Guangdong) Omya Minerals Co., Ltd. 
(AS Omya), Asia Symbol (Shandong) Pulp & Paper Co. (AS Shandong), and 
Greenpoint Global Trading (Macao Commercial Offshore) Limited 
(Greenpoint) (collectively, Asia Symbol) that the Department made 
ministerial errors in the final determination in the CVD investigation 
of certain uncoated paper from the PRC.\2\ On January 27, 2016, the 
Department received comments from the petitioners \3\ on Asia Symbol's 
ministerial error allegation.\4\ The Department analyzed the allegation 
submitted by Asia Symbol and determined that no ministerial errors 
exist, as defined by section 705(e) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.224(f).\5\
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    \2\ See Letter from Asia Symbol, ``Certain Uncoated Paper from 
the People's Republic of China: Ministerial Error Comments, dated 
January 19, 2016.
    \3\ The petitioners are United Steel, Paper and Forestry, 
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers 
International Union (USW); Domtar Corporation; Finch Paper LLC; P.H. 
Glatfelter Company; and Packaging Corporation of America 
(collectively, the petitioners).
    \4\ See Letter from the petitioners, ``Certain Uncoated Paper 
From the People's Republic of China: Petitioners' Response To Asia 
Symbol's Ministerial Error Comments,'' dated January 27, 2016.
    \5\ See Memorandum ``Allegations of Ministerial Errors in the 
Final Determination,'' dated February 1, 2016.
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    On January 19, 2016, the APRIL companies submitted a timely 
ministerial error allegation, as amended on January 28, 2016, and 
requested that the Department correct the alleged ministerial error in 
the subsidy rate calculations.\6\ No other interested party submitted 
ministerial error allegations or rebuttals to the APRIL companies' 
submissions. The Department analyzed the allegation submitted by the 
APRIL companies and determined that ministerial errors exist, as 
defined by section 705(e) of the Act and 19 CFR 351.224(f).\7\ See 
``Amendment to the Indonesia CVD Final Determination'' section, below 
for further discussion.
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    \6\ See Letter from the APRIL companies, ``Certain Uncoated 
Paper from Indonesia: Ministerial Error Comments,'' dated January 
19, 2016; Letter from the APRIL companies, ``Certain Uncoated Paper 
from Indonesia: Amended Ministerial Error Comments--AKU--APRIL,'' 
dated January 28, 2016.
    \7\ See Memorandum ``Ministerial Error Allegations in the Final 
Determination,'' dated February 17, 2016 (Ministerial Error Decision 
Memorandum).
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    On February 22, 2016, the ITC notified the Department of its final 
determinations pursuant to section 705(b)(1)(A)(i) and section 705(d) 
of the Act, that an industry in the United States is materially injured 
by reason of subsidized imports of subject

[[Page 11188]]

merchandise from Indonesia and the PRC.\8\
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    \8\ 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). 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 merchandise subject to 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 \9\ 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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    \9\ 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 of these orders 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 is dispositive.

Amendment to the Indonesia CVD Final Determination

    As discussed above, after analyzing the comments received, we 
determined, in accordance with section 705(e) of the Act and 19 CFR 
351.224(e), that we made ministerial errors in certain calculations for 
the Indonesia Final Determination with respect to the APRIL companies. 
This amended final CVD determination corrects these errors and revises 
the ad valorem subsidy rate for the APRIL companies to 21.21 percent, 
Great Champ to 103.99 percent, IK/TK/PD to 109.14 percent, and All-
Others to 21.21 percent.\10\
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    \10\ See Ministerial Error Decision Memorandum at 3.
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Countervailing Duty Orders

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC notified the Department of its final determinations that the 
industry in the United States producing certain uncoated paper is 
materially injured by reason of subsidized imports of certain uncoated 
paper from Indonesia and the PRC. Therefore, in accordance with section 
705(c)(2) of the Act, we are publishing these CVD orders.
    As a result of the ITC's final determinations, in accordance with 
section 706(a) of the Act, the Department will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by the 
Department, CVDs on unliquidated entries of certain uncoated paper 
entered, or withdrawn from warehouse, for consumption on or after June 
29, 2015, the date on which the Department published its preliminary 
CVD determinations in the Federal Register,\11\ and before October 27, 
2015, the date on which the Department instructed CBP to discontinue 
the suspension of liquidation in accordance with section 703(d) of the 
Act. Section 703(d) of the Act states that the suspension of 
liquidation pursuant to a preliminary determination may not remain in 
effect for more than four months. Therefore, entries of certain 
uncoated paper made on or after October 27, 2015, and prior to the date 
of publication of the ITC's final determinations in the Federal 
Register are not liable for the assessment of CVDs due to the 
Department's discontinuation, effective October 27, 2015, of the 
suspension of liquidation.
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    \11\ See Certain Uncoated Paper From Indonesia: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Determination, 80 FR 36971 
(June 29, 2015); Certain Uncoated Paper From the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination 
and Alignment of Final Determination With Final Antidumping 
Determination, 80 FR 36968 (June 29, 2015).
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Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation of certain 
uncoated paper from Indonesia and the PRC, effective the date of 
publication of the ITC's notice of final determinations in the Federal 
Register, and to assess, upon further advice by the Department pursuant 
to section 706(a)(1) of the Act, CVDs for each entry of the subject 
merchandise in an amount based on the net countervailable subsidy rates 
for the subject merchandise. On or after the date of publication of the 
ITC's final injury determinations in the Federal Register, CBP must 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, a cash deposit equal to the rates noted 
below:

Indonesia

------------------------------------------------------------------------
                                                              Amended
                         Company                           subsidy rate
                                                             (percent)
------------------------------------------------------------------------
APRIL Fine Paper Macao Commercial Offshore Limited/PT              21.21
 Anugrah Kertas Utama/PT Riau Andalan Kertas/PT Intiguna
 Primatama/PT Riau Andalan Pulp & Paper/PT Esensindo
 Cipta Cemerlang........................................
Great Champ Trading Limited.............................          103.99

[[Page 11189]]

 
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT          109.14
 Pindo Deli Pulp and Paper Mills........................
All-Others..............................................           21.21
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People's Republic of China

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong),             7.23
 Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS
 Shandong), Asia Symbol (Guangdong) Omya Minerals Co.,
 Ltd. (AS Omya), and Greenpoint Global Trading (Macao
 Commercial Offshore) Limited (Greenpoint)
 (collectively, Asia Symbol Companies)..................
Shandong Sun Paper Industry Joint Stock Co., Ltd.                 176.75
 (Shandong Sun Paper), and Sun Paper (Hong Kong) Co.,
 Ltd. (Sun Paper HK) (collectively, Sun Paper Companies)
UPM (China) Co. Ltd. (UPM)..............................          176.75
All-Others..............................................            7.23
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    This notice constitutes the CVD orders with respect to certain 
uncoated paper from Indonesia and the PRC, pursuant to section 706(a) 
of the Act. Interested parties may contact the Department's Central 
Records Unit, Room B8024 of the main Commerce Building, for a copy of 
an updated list of CVD orders currently in effect.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: February 25, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-04717 Filed 3-2-16; 8:45 am]
BILLING CODE 3510-DS-P