[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22249-22250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10202]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-854]
Supercalendered Paper From Canada: Initiation of Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based upon a request from Verso Corporation (Verso) (i.e., the
petitioner), the Department of Commerce (Commerce) is initiating a
changed circumstances review (CCR) to consider the possible revocation
of the countervailing duty (CVD) order on supercalendered paper (SC
paper) from Canada.
DATES: May 14, 2018.
FOR FURTHER INFORMATION CONTACT: Emily Halle or Nicholas Czajkowski,
AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone (202) 482-0176 or (202) 482-1395,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 10, 2015, Commerce published the CVD Order on SC paper
from Canada.\1\ On March 21, 2018, Verso requested that Commerce
conduct a CCR, pursuant to section 782(h)(2) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR 351.222(g)(l)(i). Verso expressed a
lack of interest in the enforcement or existence of the CVD Order, and
requested the retroactive revocation of the CVD Order, effective August
3, 2015.\2\
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\1\ See Supercalendered Paper from Canada: Countervailing Duty
Order, 80 FR 76668 (December 10, 2015) (CVD Order).
\2\ See Letter from Verso, ``Supercalendered Paper from Canada/
Request for Changed Circumstances Review,'' March 21, 2018 (Verso
Request).
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Scope of the Order
The product covered by the order is SC paper. SC paper is uncoated
paper that has undergone a calendering process in which the base sheet,
made of pulp and filler (typically, but not limited to, clay, talc, or
other mineral additive), is processed through a set of supercalenders,
a supercalender, or a soft nip calender operation.\3\
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\3\ Supercalendering and soft nip calendering processing, in
conjunction with the mineral filler contained in the base paper, are
performed to enhance the surface characteristics of the paper by
imparting a smooth and glossy printing surface. Supercalendering and
soft nip calendering also increase the density of the base paper.
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The scope of this order covers all SC paper regardless of basis
weight, brightness, opacity, smoothness, or grade, and whether in rolls
or in sheets. Further, the scope covers all SC paper that meets the
scope definition regardless of the type of pulp fiber or filler
material used to produce the paper.
Specifically excluded from the scope are imports of paper printed
with final content of printed text or graphics.
Subject merchandise primarily enters under Harmonized Tariff
Schedule of the United States (HTSUS) subheading 4802.61.3035, but may
also enter under subheadings 4802.61.3010, 4802.62.3000, 4802.62.6020,
and 4802.69.3000. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.
Initiation of CCR
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have no further interest in the
order, in whole or in part. Section 351.222(g) of Commerce's
regulations provides that Commerce will conduct a CCR under 19 CFR
351.216, and may revoke an order in whole or in part, if it determines
that the producers accounting for substantially all of the production
of the domestic like product have expressed a lack of interest in the
order, in whole or in part.\4\ Section 351.216(d) of Commerce's
regulations provides that if Commerce determines that changed
circumstances sufficient to warrant a review exist, it will conduct a
CCR, in accordance with 19 CFR 351.221.
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\4\ See section 782(h) of the Act and 19 CFR 351.222(g)(1)-(2).
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Based on the information Verso provided in its request, Commerce
has determined that changed circumstances sufficient to warrant the
review exist.\5\ Both the Act and Commerce's regulations require that
``substantially all'' domestic producers express a lack of interest in
the CVD Order for Commerce to revoke the CVD Order.\6\ Commerce has
interpreted ``substantially all'' to represent producers accounting for
at least 85 percent of U.S. production of the domestic like product.\7\
The data provided in Verso's request indicated that it accounts for at
least 85 percent of domestic production.
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\5\ See 19 CFR 351.216(d).
\6\ See section 782(h) of the Act and 19 CFR 351.222(g).
\7\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent to Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
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In accordance with section 751(b) of the Act and 19 CFR 351.221 and
351.222, based on an affirmative statement of no interest by the
domestic parties in continuing the CVD Order, we are initiating this
CCR.
[[Page 22250]]
Public Comment
Interested parties are invited to provide comments and/or factual
information regarding the CCR. Comments and factual information may be
submitted to Commerce no later than ten days after the date of
publication of this notice. Rebuttal comments and rebuttal factual
information may be filed with Commerce no later than five days after
the comments and/or factual information are filed.\8\ All submissions
must be filed electronically using Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS).\9\ An electronically filed document must be received
successfully in its entirety by ACCESS, by 5:00 p.m. Eastern Time on
the due dates set forth in this notice.
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\8\ Submission of rebuttal factual information must comply with
19 CFR 351.301(b)(2).
\9\ See, generally, 19 CFR 351.303.
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Preliminary and Final Results of the Review
Commerce intends to publish in the Federal Register a notice of the
preliminary results of the CCR in accordance with 19 CFR 351.221(b)(4)
and (c)(3)(i), which will set forth Commerce's preliminary factual and
legal conclusions. Commerce will issue its final results of the CCR in
accordance with the time limits set forth in 19 CFR 351.216(e).
This is issued and published in accordance with sections 751(b)(1),
777(i)(1), and 782(h) of the Act and 19 CFR 351.221(b)(1), (4), and
351.222(g).
Dated: May 7, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-10202 Filed 5-11-18; 8:45 am]
BILLING CODE 3510-DS-P