[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Pages 9294-9295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04759]
[[Page 9294]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-828]
Certain Uncoated Paper From Indonesia: Final Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that APRIL,
the lone respondent in this administrative review, made sales of
certain uncoated paper at prices below normal value during the period
of review (POR) March 1, 2017, through February 28, 2018.
DATES: Applicable March 14, 2019.
FOR FURTHER INFORMATION CONTACT: 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) 482-3342.
SUPPLEMENTARY INFORMATION:
Background
The review covers one producer/exporter of the subject merchandise,
APRIL. APRIL is a collapsed entity consisting of the following
companies: PT Anugerah Kertas Utama, PT Riau Andalan Kertas, APRIL Fine
Paper Macao Offshore Limited, PT Sateri Viscose International, and A P
Fine Paper Trading (Hong Kong) Limited.\1\
---------------------------------------------------------------------------
\1\ See Certain Uncoated Paper from Indonesia: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018, 83 FR
55692 (November 7, 2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM) at 1.
---------------------------------------------------------------------------
On November 7, 2018, Commerce published the Preliminary Results.
Although we invited parties to comment on the preliminary results of
the review,\2\ no interested party submitted comments. Accordingly, no
decision memorandum accompanies this Federal Register notice.\3\
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\2\ See Preliminary Results, 83 FR at 55692.
\3\ For further details of the issues addressed in this
proceeding, see Preliminary Results and PDM.
---------------------------------------------------------------------------
Scope of the Order
The merchandise under review 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 \4\ 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).
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
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.
On September 1, 2017, Commerce determined that that imports of
uncoated paper with a GE brightness of 83 +/- 1% (83 Bright paper),
otherwise meeting the description of in-scope merchandise, constitute
merchandise ``altered in form or appearance in minor respects'' from
in-scope merchandise that are subject to this order.\5\
---------------------------------------------------------------------------
\5\ See Certain Uncoated Paper from Australia, Brazil, the
People's Republic of China, Indonesia, and Portugal: Affirmative
Final Determination of Circumvention of the Antidumping and
Countervailing Duty Orders, 82 FR 41610 (September 1, 2017).
---------------------------------------------------------------------------
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 order is dispositive.
Duty Absorption
As discussed in the Preliminary Results, the petitioners requested
that Commerce determine whether antidumping duties have been absorbed
by APRIL.\6\ Section 751(a)(4) of the Act provides that, if requested
during an administrative review initiated two or four years after the
publication of the order, Commerce will determine whether antidumping
duties have been absorbed by a foreign producer or exporter, if the
subject merchandise is sold in the United States through an affiliated
importer. Because this review was initiated two years after the
publication of the order,\7\ we are making a duty absorption
determination in this segment of the proceeding within the meaning of
19 CFR 351.213(j). As explained in the Preliminary Results, we have
determined a margin for APRIL on the basis of facts available with an
adverse inference because APRIL failed to respond to Commerce's AD
questionnaire. Similarly, the requirement of subject merchandise being
sold in the United States through an affiliated importer is satisfied
on the basis of AFA. Accordingly, we have applied an adverse inference
to find that duty absorption exists on all U.S. sales of the subject
merchandise exported by APRIL.\8\
---------------------------------------------------------------------------
\6\ See PDM at 6.
\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 19215 (May 2, 2018), and 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, 81 FR 11174 (March 3, 2016) (Order).
\8\ See PDM at 6.
---------------------------------------------------------------------------
Final Results of the Review
As a result of this review, we determine the dumping margin for
APRIL for the period March 1, 2017, through February 28, 2018, is as
follows:
[[Page 9295]]
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
PT Anugerah Kertas Utama, PT Riau Andalan Kertas, APRIL 66.81 \9\
Fine Paper Macao Offshore Limited, PT Sateri Viscose
International, and A P Fine Paper Trading (Hong Kong)
Limited (collectively, APRIL).............................
------------------------------------------------------------------------
Assessment Rates
---------------------------------------------------------------------------
\9\ 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 segment in the companion
countervailing duty proceeding. 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.
---------------------------------------------------------------------------
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
Because APRIL withdrew its participation from this review and reported
no information to Commerce for this POR, we will instruct CBP to apply
an assessment rate to all entries it produced and/or exported equal to
the dumping margin indicated above. Commerce intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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 the rate shown
above; (2) for previously reviewed or investigated companies not
participating in this review, the cash deposit rate 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, a
previous 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.\10\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\10\ See Order, 81 FR at 11174.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as the only 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 the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h) and
351.221(b)(5).
Dated: March 6, 2019.
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. 2019-04759 Filed 3-13-19; 8:45 am]
BILLING CODE 3510-DS-P