[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55692-55694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24333]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-828]


Certain Uncoated Paper From Indonesia: Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the sole producer/exporter subject to this administrative review 
made sales of subject merchandise below normal value. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable November 7, 2018.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Jacob Garten, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6345 or (202) 482-3342, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on certain uncoated paper (uncoated paper) from Indonesia. 
The notice of initiation of this administrative review was published on 
May 2, 2018.\1\ This review only covers APRIL,\2\ a producer and 
exporter of the subject merchandise. The period of review is March 1, 
2017, through February 28, 2018. The deadline for the preliminary 
results of this administrative review is December 3, 2018.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 19215 (May 2, 2018) (Initiation 
Notice).
    \2\ Commerce initiated this review on PT Anugerah Kertas Utama, 
PT Riau Andalan Kertas, and APRIL Fine Paper Macao Offshore Limited 
(collectively, APRIL). However, during the course of the prior 
review, Commerce determined to collapse, and treat as a single 
entity, APRIL and two affiliated parties, PT Sateri Viscose 
International and A P Fine Paper Trading (Hong Kong) Limited. See 
Certain Uncoated Paper from Indonesia: Preliminary Results of 
Antidumping Duty Administrative Review; 2015-2017, 83 FR 15129 
(April 9, 2018), and accompanying Preliminary Decision Memorandum at 
4-6, unchanged in Certain Uncoated Paper from Indonesia: Final 
Results of Antidumping Duty Administrative Review; 2015-2017, 83 FR 
39410 (August 9, 2018). This collapsed entity is hereinafter 
collectively referred to as APRIL.
    \3\ See 19 CFR 351.213(h)(1). On August 9, 2018, Domtar 
Corporation and P.H. Glatfelter Company (the petitioners) requested 
that the preliminary results be expedited.
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    We preliminarily determine that APRIL made sales of subject 
merchandise at less than normal value. If these preliminary results are 
adopted in the final results of this review, we will instruct U.S. 
Customs and Border Protection (CBP) to assess antidumping duties on any 
of APRIL's entries.

Scope of the Order

    The product covered by the order is certain uncoated paper from 
Indonesia. The subject merchandise is currently classifiable 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 order is dispositive.\4\
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    \4\ For a complete description of the scope of the order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
2017-2018 Administrative Review of the Antidumping Duty Order on 
Certain Uncoated Paper from Indonesia'' (Preliminary Decision 
Memorandum), issued concurrently with and hereby adopted by this 
notice.

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[[Page 55693]]

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Pursuant to section 776(a) and (b) of the Act, Commerce has 
preliminarily relied upon facts otherwise available with adverse 
inferences (AFA) for APRIL, because this respondent did not timely 
respond to all sections of Commerce's initial antidumping duty 
questionnaire.
    For a complete explanation of the methodology and analysis 
underlying the preliminary application of AFA, see the accompanying 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content. A list of the topics 
discussed in the Preliminary Decision Memorandum is attached as an 
Appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margin exists for APRIL for the period March 
1, 2017, through February 28, 2018, as follows:
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    \5\ The cash deposit rate is equal to the petition rate (66.82 
percent) adjusted for the lowest rate of export subsidies found for 
any company in the most recently completed companion countervailing 
duty segment. See Certain Uncoated Paper from Indonesia: Final 
Results of Countervailing Duty Administrative Review; 2015-2016, 83 
FR 52383 (October 17, 2018), and accompanying Issues and Decision 
Memorandum at Section V(3), showing an export subsidy of 0.01 
percent related to the Exemption from Import Income Tax Withholding 
for Companies in Bonded Zone Locations Program.

------------------------------------------------------------------------
                                                       Cash deposit rate
                  Exporter/producer                        (percent)
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PT Anugerah Kertas Utama, PT Riau Andalan Kertas,              \5\ 66.81
 APRIL Fine Paper Macao Offshore Limited, PT Sateri
 Viscose International, and A P Fine Paper Trading
 (Hong Kong) Limited (collectively, APRIL)..........
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Disclosure and Public Comment

    Normally, Commerce discloses the calculations performed in 
connection with its preliminary results to interested parties within 
five days after the date of publication of the preliminary results of 
review in the Federal Register.\6\ However, there are no calculations 
to disclose here because, in accordance with section 776 of the Act, 
Commerce preliminarily applied AFA to APRIL, the sole company subject 
to this review, and based the AFA rate on the highest petition rate in 
this proceeding.\7\
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    \6\ See 19 CFR 351.224(b).
    \7\ See Certain Uncoated Paper from Australia, Brazil, the 
People's Republic of China, Indonesia, and Portugal: Initiation of 
Less-Than-Fair-Value Investigations, 80 FR 8608 (February 18, 2015), 
and accompanying Antidumping Duty Investigation Initiation 
Checklist: Uncoated Paper from Indonesia at 12.
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    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\8\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than five days after the time limit for filing case briefs.\9\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\10\ Case and rebuttal briefs should be filed using 
ACCESS.\11\
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    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice.\12\ Hearing requests 
should contain: (1) The party's name, address, and telephone number; 
(2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ Id.
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication date of this 
notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\14\ The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.\15\ We intend to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this review.
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for APRIL will be 
that established in the final results of this review; (2) for 
previously investigated companies not participating in this review, the 
cash deposit will continue to be the company-specific rate published 
for the most recently completed segment; (3) if the exporter is not a 
firm covered in this review, or the original less-than-fair-value 
(LTFV) investigation, but the manufacturer is, the cash deposit rate 
will be the rate established for the most recent segment for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 2.10 percent, the 
all-others rate made effective by the LTFV investigation.\16\ These 
deposit requirements, when

[[Page 55694]]

imposed, shall remain in effect until further notice.
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    \16\ See Order, 81 FR at 11174.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 
CFR 351.221(b)(4).

    Dated: November 1, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Adverse Inferences
    A. Use of Facts Available
    B. Application of Facts Available With an Adverse Inference
    C. Selection and Corroboration of AFA Rate
V. Duty Absorption
VI. Conclusion

[FR Doc. 2018-24333 Filed 11-6-18; 8:45 am]
 BILLING CODE 3510-DS-P