[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Notices]
[Pages 52029-52031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21176]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842]
Certain Uncoated Paper From Brazil: Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that certain uncoated paper (``uncoated paper'') from Brazil
is being, or is likely to be, sold in the United States at less than
fair value (``LTFV''), as provided in section 733(b) of the Tariff Act
of 1930, as amended (``the Act''). The period of investigation
(``POI'') is January 1, 2014, through December 31, 2014. The estimated
weighted-average dumping margins of sales at LTFV are shown in the
``Preliminary Determination'' section of this notice. Interested
parties are invited to comment on this preliminary determination.
DATES: Effective Date: August 27, 2015.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Paul Walker, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1394 or (202) 482-0413, respectively.
SUPPLEMENTARY INFORMATION: On February 10, 2015, the Department
initiated the antidumping duty investigation on uncoated paper from
Brazil.\1\
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\1\ 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).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ 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.
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\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
``Decision Memorandum for the Preliminary Determination in the
Antidumping Duty Investigation of Certain Uncoated Paper from
Brazil'' (``Preliminary Decision Memorandum''), dated concurrently
with and hereby adopted by this notice.
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Scope of the Investigation
The product covered by this investigation is uncoated paper from
Brazil. For a full description of the scope of this investigation, see
the ``Scope of the Investigation,'' in Appendix I.
Scope Comments
Certain interested parties commented on the scope of the
investigation as it appeared in the Initiation Notice. For a discussion
of those comments, see the Preliminary Decision Memorandum.\3\
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\3\ See also Memorandum from Erin Begnal, Director, Office III,
to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement
and Compliance ``Scope Comments Decision Memorandum for the
Preliminary Determinations'' (August 3, 2015).
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Postponement of Deadline for Preliminary Determination
On May 18, 2015, Petitioners \4\ submitted a timely request for a
50-day postponement of the preliminary determination in this
investigation pursuant to section 733(c)(1)(A) of the Act and 19 CFR
351.205(e).\5\ On June 1, 2015, we postponed the preliminary
determination by 50 days.\6\ As a result of the postponement, the
revised deadline for the preliminary determination of this
investigation is now August 19, 2015.
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\4\ Petitioners are United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union; Domtar Corporation; Finch Paper LLC; P.H.
Glatfelter Company; and Packaging Corporation of America
(collectively ``Petitioners'').
\5\ See Letter to the Secretary of Commerce from Petitioners
``Request For Postponement Of The Preliminary Determination'' (May
18, 2015).
\6\ See Certain Uncoated Paper from Australia, Brazil, the
People's Republic of China, Indonesia, and Portugal: Postponement of
Preliminary Determinations of Antidumping Duty Investigations, 80 FR
31017 (June 1, 2015).
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Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. There are two mandatory respondents
participating in this investigation, International Paper \7\ and
Suzano.\8\ Export price and constructed export price for these
companies, as appropriate, are calculated in accordance with section
772 of the Act. Normal value (``NV'') is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.
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\7\ International Paper do Brasil Ltda., and International Paper
Exportadora Ltda. (collectively ``International Paper'').
\8\ Suzano Papel e Celulose S.A./Suzano Pulp and Paper America,
Inc. (``Suzano'').
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All-Others Rate
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an estimated all-others rate. Section
735(c)(5)(A) of the Act provides that the estimated all-others rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act.
Specifically, this rate of 37.76 percent is based on a simple
average of the
[[Page 52030]]
weighted-average margin calculated for each mandatory respondent.
Because the Department cannot apply our normal methodology of
calculating a weighted-average margin due to requests to protect
business-proprietary information, the Department finds this rate to be
the best proxy of the actual weighted-average margin determined for
these respondents.9 10
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\9\ See, e.g., Certain Frozen Warmwater Shrimp from India: Final
Results of Antidumping Duty Administrative Review, Partial
Rescission, and Final No Shipment Determination, 76 FR 41203, 41205
(July 13, 2011).
\10\ See Memorandum to the File from Julia Hancock, Senior Case
Analyst, Office V, Enforcement and Compliance, Subject: Certain
Uncoated Paper from Brazil: Calculation of All-Others' Rate in
Preliminary Determination (August 19, 2015).
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Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
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\11\ In this preliminary determination, we determine that
International Paper do Brasil Ltda. and International Paper
Exportadora Ltda. constitute a single entity. See Preliminary
Decision Memorandum at ``Affiliation Determinations'' section, and
Memorandum to the File from Julia Hancock, Senior International
Trade Analyst, Office V, through Paul Walker, Acting Program
Manager, Office V ``Calculations Performed for International Paper
do Brasil Ltda. and International Paper Exportadora Ltda. for the
Preliminary Determination in the Antidumping Duty Investigation of
Certain Uncoated Paper from Brazil'' (August 19, 2015), at 2-3.
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Weighted-
average
Exporter/producer margin
(percent)
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International Paper do Brasil Ltda. and International Paper 42.42
Exportadora Ltda.\11\......................................
Suzano Papel e Celulose S.A................................. 33.09
All-Others.................................................. 37.76
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we are directing
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of uncoated paper from Brazil, as described in Appendix I
of this notice, entered, or withdrawn from warehouse, for consumption
on or after the date of publication of this notice in the Federal
Register.
In accordance with 19 CFR 351.205(d), the Department will instruct
CBP to require a cash deposit equal to the preliminary weighted-average
amount by which normal value exceeds U.S. price, as indicated in the
chart above.\12\ These suspension of liquidation instructions will
remain in effect until further notice.
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\12\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Disclosure
We will disclose the calculations performed to interested parties
in this proceeding within five days of the date of the announcement of
our preliminary determination in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act and 19 CFR 351.307, we
intend to verify information relied upon in making our final
determination.
Public Comment
Interested parties are invited to comment on this preliminary
determination. Case briefs or other written comments may be submitted
to the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the final verification report is
issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\13\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), 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.
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\13\ See 19 CFR 351.309.
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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, U.S. Department of Commerce.
All documents must be filed electronically using ACCESS. An
electronically-filed request 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.\14\ Requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
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Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
Petitioners. Pursuant to 19 CFR 351.210(e)(2) requests by respondents
for postponement of a final antidumping determination must be
accompanied by a request for extension of provisional measures from a
four-month period to a period not more than six months in duration.
On August 13, 2015, pursuant to 19 CFR 351.210(b) and (e),
International Paper requested that, contingent upon an affirmative
preliminary determination of sales at LTFV, the Department postpone the
final determination and that provisional measures be extended to a
period not to exceed six months.\15\ In addition, Petitioners requested
that the Department postpone its final determination in accordance with
19 CFR 351.210(b)(2)(i).\16\
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\15\ See Letter to the Secretary of Commerce from International
Paper ``Request for Postponement of Final Determination'' (August
13, 2015).
\16\ See Letter to the Secretary of Commerce from Petitioners
``Petitioners' Comments on the Extension of the Final
Determination'' (July 31, 2015).
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In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\17\
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\17\ See also 19 CFR 351.210(e).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our affirmative preliminary determination of sales at LTFV. If
our final determination is affirmative, the ITC will determine
[[Page 52031]]
before the later of 120 days after the date of this preliminary
determination or 45 days after our final determination whether these
imports are materially injuring, or threaten material injury to, the
U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 19, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
The merchandise covered by this investigation 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 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).
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.
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 investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and Extension of Provision
Measures
5. Scope Comments
6. Affiliation Determinations
7. All Others Rate
8. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of Differential Pricing Analysis
9. Date of Sale
10. Product Comparisons
11. Treatment of Re-Export Sales
12. Export Price
13. Constructed Export Price
14. Normal Value
A. Home Market Viability
B. Affiliated Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
4. Constructed Value
E. Calculation of Normal Value Based on Comparison Market Prices
15. Currency Conversion
16. Verification
[FR Doc. 2015-21176 Filed 8-26-15; 8:45 am]
BILLING CODE 3510-DS-P