[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60380-60382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24393]


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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; 2018-2019

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 8, 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

    On March 5, 2019, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty (AD) order on 
certain uncoated paper (uncoated paper) from Indonesia covering the 
period March 1, 2018 through February 28, 2019.\1\ Commerce received a 
timely request from the petitioners,\2\ for an administrative review of 
the antidumping duty order with respect to APRIL Fine Paper Macao 
Offshore Limited, APRIL Fine Paper Trading Pte. Ltd., APRIL 
International Enterprise Pte. Ltd., A P Fine Paper Trading (Hong Kong) 
Limited, PT Anugerah Kertas Utama, PT Riau Andalan Kertas, PT Asia 
Pacific Rayon, and PT Sateri Viscose International (collectively, 
APRIL).\3\ Commerce also received a timely request from APRIL for an 
administrative review.\4\ On May 29, 2019, Commerce published a notice 
of initiation of an administrative review of the AD order on uncoated 
paper from Indonesia with regard to the eight APRIL companies.\5\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 84 FR 7877 (March 5, 2019).
    \2\ Domtar Corporation, P.H. Glatfelter Company, the Packaging 
Corporation of America (PCA), and the United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union, AFL-CIO, CLC (the USW) 
(collectively, the petitioners).
    \3\ See Petitioners' Letter, ``Administrative Review of the 
Countervailing Duty Order on Uncoated Paper from Indonesia (POR 1/1/
2018-12/31/2018)--Petitioners' Request for an Administrative 
Review,'' dated April 1, 2019.
    \4\ See APRIL's Letter, ``Uncoated Paper from Indonesia,'' dated 
April 1, 2019 (filed on behalf of PT Anugerah Kertas Utama (AKU), PT 
Riau Andalan Kertas (RAK), and APRIL Fine Paper Macao Offshore 
Limited (AFPM)).
    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 24743 (May 29, 2019).
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    On May 3, 2019, APRIL withdrew its review request and notified 
Commerce that it would not participate in this administrative 
review.\6\ The petitioners, however, have not withdrawn their request 
for administrative review of APRIL.
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    \6\ See APRIL's Letter, ``Uncoated Paper from Indonesia,'' dated 
May 3, 2019 (withdrawing its review request and stating ``APRIL will 
not be participating in the above administrative review.'').
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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.\7\
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    \7\ For a complete description of the scope of the order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
2018-2018 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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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 notified Commerce 
that it would not participate in the review.
    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 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

[[Page 60381]]

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, 2018 through February 28, 2019, as follows:

------------------------------------------------------------------------
                                                              Margin
                    Exporter/producer                        (percent)
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APRIL Fine Paper Macao Offshore Limited, APRIL Fine                66.82
 Paper Trading Pte. Ltd., APRIL International Enterprise
 Pte. Ltd., A P Fine Paper Trading (Hong Kong) Limited,
 PT Anugerah Kertas Utama, PT Riau Andalan Kertas, PT
 Asia Pacific Rayon, and PT Sateri Viscose International
 (collectively, APRIL)..................................
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results of a review within 
ten days of its public announcement, or if there is no public 
announcement, within five days of the date of publication of the notice 
of preliminary results in the Federal Register, in accordance with 19 
CFR 351.224(b). 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.\8\
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    \8\ 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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Public Comment

    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\9\ 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.\10\ 
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.\11\ Case and rebuttal briefs should be filed using 
ACCESS.\12\
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    \9\ See 19 CFR 351.309(c).
    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ 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.\13\ 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.\14\
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    \13\ See 19 CFR 351.310(c).
    \14\ 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, no 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.\15\ 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.\16\ 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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    \15\ See 19 CFR 351.212(b)(1).
    \16\ 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.\17\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \17\ 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 Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3), which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and

[[Page 60382]]

777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: November 1, 2019.
Jeffrey I. Kessler,
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
V. Recommendation

[FR Doc. 2019-24393 Filed 11-7-19; 8:45 am]
BILLING CODE 3510-DS-P