[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3108-3110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01019]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-807]
Certain Uncoated Paper From Australia: Final Determination of
Sales at Less Than Fair Value and Affirmative Final Determination of
Critical Circumstances, In Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (Department) determines that
certain uncoated paper from Australia is being, or is likely to be,
sold in the United States at less than fair value (LTFV), as provided
in section 735(a) of the Tariff Act of 1930, as amended (the Act). The
period of investigation (POI) is January 1, 2014, through December 31,
2014. The final dumping margins of sales at LTFV are listed below in
the ``Final Determination'' section of this notice.
DATES: Effective: January 20, 2016.
FOR FURTHER INFORMATION CONTACT: Eve Wang or George McMahon, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6231 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2015, the Department published the Preliminary
Determination of this antidumping duty (AD) investigation.\1\ The
following events occurred since the Preliminary Determination was
issued.
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\1\ See Certain Uncoated Paper From Australia: Preliminary
Determination of Sales at Less Than Fair Value, Negative Preliminary
Determination of Critical Circumstances, and Postponement of Final
Determination, 80 FR 51783 (August 26, 2015) (Preliminary
Determination).
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On August 27, 2015, sole respondent Paper Australia Pty. Ltd.
(Australian Paper) withdrew its participation from this investigation,
stating that ``due to the significant preliminary dumping margin,'' it
was suspending its participation in the U.S. market ``pending the final
determination on Injury.'' \2\
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\2\ See Australian Paper's letter titled, ``Respondents Paper
Australia Pty Ltd and Paper Products Marketing (USA) Notification of
Withdrawal,'' dated August 27, 2015 (Australian Paper's Letter of
Withdrawal), at 2.
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On August 28, 2015, the Department notified interested parties of a
revised, accelerated briefing schedule due to the lack of participation
from the sole respondent, Australian Paper, which resulted in the
cancellation of verification of its questionnaire responses.\3\ On
September 24, 2015, the Department granted Petitioners' \4\ request to
extend the briefing schedule.\5\ On October 2, 2015, Petitioners
submitted a case brief.
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\3\ See the Department's Memorandum titled, ``Antidumping Duty
Investigation of Certain Uncoated Paper from Australia: Case Brief
and Rebuttal Brief Schedule for Final Determination of the above
referenced Investigation,'' dated August 28, 2015.
\4\ Petitioners in this investigation 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.
\5\ See the Department's Memorandum titled, ``Certain Uncoated
Paper From Australia: Antidumping Duty Investigation: Revised
Briefing Schedule,'' dated September 24, 2015; see also Petitioners'
letter titled, ``Petitioners' Request to Extend Briefing Schedule,''
dated September 24, 2015.
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Scope of the Investigation and Scope Comments
The product covered by this investigation is certain uncoated paper
from Australia. For a complete description of the scope of the
investigation, see the ``Scope of the Investigation,'' in Appendix I of
this notice, which incorporates changes made subsequent to the
Preliminary Determination.
On October 2, 2015, Gartner Studios submitted its case brief
regarding the scope of the investigations.\6\ On October 6, 2015, the
Department revised the briefing schedule for scope comments and
rebuttal comments.\7\ On October 19, 2015, American Greetings
Corporation (American Greetings) submitted its case brief regarding the
scope of the investigations.\8\ On October 29, 2015, Petitioners
submitted their rebuttal brief regarding the scope of the
investigations.\9\ The Department is issuing a scope comments decision
memorandum for the final determinations of the AD and countervailing
duty investigations of certain uncoated paper, which is incorporated by
reference in, and hereby adopted by, this final determination.\10\ As
explained in the Final Scope Decision Memorandum, to facilitate the
scope's administrability and enforcement, we have clarified the scope
language such that certain uncoated paper with ``final printed
content'' is excluded from the scope of the investigations.
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\6\ Because there are multiple investigations of uncoated paper,
the Department has considered collectively all comments regarding
the scope of the investigations filed by the interested parties.
\7\ See Memorandum titled, ``Revised Briefing Schedule for Scope
Comments and Rebuttal Comments,'' dated October 6, 2015.
\8\ See Letter from American Greetings titled, ``Certain
Uncoated Paper From Australia, Brazil, The People's Republic of
China, Indonesia, and Portugal: Case Brief of American Greetings
Corporation,'' dated October 19, 2015.
\9\ See Letter from Petitioners titled, ``Certain Uncoated Paper
From Australia, Brazil, The People's Republic of China, Indonesia,
and Portugal: Scope Rebuttal Brief,'' dated October 20, 2015.
\10\ See the Department's memorandum to the file titled, ``Less-
Than-Fair-Value Investigations of Certain Uncoated Paper from
Australia, Brazil, the People's Republic of China, Indonesia, and
Portugal; and Countervailing Duty Investigations of Certain Uncoated
Paper from the People's Republic of China and Indonesia: Scope
Comments Decision Memorandum for the Final Determinations,'' dated
January 8, 2016 (Final Scope Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties in this investigation that are not related to the scope of this
investigation are addressed in the Issues and Decision Memorandum,
which is incorporated by reference by, and hereby adopted by, this
notice.\11\
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\11\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
titled ``Issues and Decision Memorandum for the Final Determination
in the Antidumping Duty Investigation of Certain Uncoated Paper from
Australia'' (Issues and Decision Memorandum), dated concurrently
with this notice.
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A list of the issues raised is attached to this notice as Appendix
II. The Issues and 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
it is available to all parties in the Central Records Unit, room B-8024
of the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/index.html. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
[[Page 3109]]
Changes Since the Preliminary Determination
Based on our analysis of the comments received and Australian
Paper's withdrawal of participation from this investigation, we have
revised the margin for Australian Paper to reflect the application of
facts available with an adverse inference pursuant to sections
776(a)(2)(C) and (D) and 776(b) of the Act. We have also revised the
all-others rate. For a discussion of these changes, see the Issues and
Decision Memorandum at Comments 1, 2, and 3.
All Others Rate
Section 735(c)(5)(B) of the Act provides that, where the estimated
weighted-average dumping margins established for all exporters and
producers individually investigated are zero or de minimis, or are
determined entirely under section 776 of the Act, the Department may
use any reasonable method to establish the estimated all-others rate
for exporters and producers not individually investigated. Where the
sole individually investigated respondent's margin is based on total
AFA under section 776 of the Act, our practice under these
circumstances has been to assign as the all-others rate the simple
average of the margins in the petition,\12\ which we have done in this
final determination.\13\
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\12\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from
Turkey, 73 FR 5508, 5513-14 (January 30, 2008), unchanged in Notice
of Final Determination of Sales at Less Than Fair Value: Light-
Walled Rectangular Pipe and Tube from Turkey, 73 FR 19814, 19815
(April 11, 2008); see also Notice of Final Determination of Sales at
Less Than Fair Value and Affirmative Final Determination of Critical
Circumstances: Glycine from Japan, 72 FR 67271, 67272 (November 28,
2007).
\13\ See Issues and Decision Memorandum at Comment 3.
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Final Determination
The Department determines that the estimated final weighted-average
dumping margins are as follows:
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Weighted-
average
Exporter/Manufacturer dumping
margin
(percent)
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Paper Australia Pty. Ltd................................... 222.46
All Others................................................. 138.87
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Disclosure
We will disclose the calculations performed to interested parties
within five days of the public announcement of this final determination
in accordance with 19 CFR 351.224(b).
Final Affirmative Determination of Critical Circumstances, In Part
In the Preliminary Determination, the Department found that
critical circumstances did not exist with respect to imports of
uncoated paper from Australia from Australian Paper and all other
exporters or producers.\14\ Based on Australian Paper's withdrawal from
this investigation, and upon further analysis following the Preliminary
Determination, we are modifying our findings for the final
determination.
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\14\ See Preliminary Determination, 80 FR at 51784.
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Because we do not have verifiable shipment data from Australian
Paper, we must base our ``massive imports'' determination on the facts
available, pursuant to section 776(a) of the Act. Because Australian
Paper failed to cooperate by not acting to the best of its ability to
allow for verification of its sales and cost questionnaire responses,
we are making an adverse inference in selecting from the facts
available, pursuant to section 776(b) of the Act. Thus, in accordance
with section 776(b) of the Act, we have used an adverse inference in
applying facts available, and determine that there were massive imports
from Australian Paper over a relatively short period pursuant to
section 733(e)(1)(B) of the Act.\15\ We also find that Australian
Paper's dumping margin is sufficient to impute importer knowledge of
sales at less than fair value, and the International Trade Commission's
(ITC) preliminary injury determination is sufficient to impute the
likelihood of material injury, in accordance with section
733(e)(1)(A)(ii) of the Act. For those reasons, we determine that
critical circumstances exist for imports from Australia of uncoated
paper produced by Australian Paper. For a discussion of these changes,
see the Issues and Decision Memorandum at ``VI. Finding of Critical
Circumstances, In Part.''
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\15\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Certain Cut-To-Length Carbon-Quality Steel Plate
Products from Japan, 64 FR 73215 (December 29, 1999).
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However, we have not inferred, as AFA, that massive imports exist
for companies under the all-others category, because, unlike the
uncooperative company in question, the all-others companies have not
failed to cooperate in this investigation. Furthermore, the record
indicates that the only known producer of uncoated paper from Australia
is Australian Paper.\16\ Therefore, an adverse inference with respect
to finding a massive surge in imports by the all-others companies is
not appropriate. Therefore, we determine that critical circumstances do
not exist for imports of uncoated paper from Australia for companies in
the all-others category. For further discussion of this analysis, see
the Issues and Decision Memorandum at ``VI. Finding of Critical
Circumstances, In Part.''
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\16\ 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 8614 (February 18, 2015);
see also Initiation Checklist at 2.
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Continuation of Suspension of Liquidation
As noted above, for this final determination, the Department found
that critical circumstances exist with respect to imports of the
subject merchandise from Australian Paper. However, the Department did
not find that critical circumstances existed with respect to imports by
Australian Paper in the Preliminary Determination.\17\ Therefore, in
accordance with section 735(c)(4)(B) of the Act, the Department is
modifying the suspension of liquidation as announced in the Preliminary
Determination for Australian Paper. The Department will instruct U.S.
Customs and Border Protection (CBP) to suspend liquidation of entries
of uncoated paper from Australian Paper, as described in Appendix I of
this notice, to apply to unliquidated entries that were entered, or
withdrawn from warehouse, for consumption on or after May 28, 2015, 90
days prior to publication of the Preliminary Determination of this
investigation in the Federal Register, and require a cash deposit for
such entries equal to the estimated amount by which the normal value
exceeds the U.S. price as noted above for such unliquidated entries.
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\17\ See Preliminary Determination, 80 FR at 51784.
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Because we continue to find that critical circumstances do not
exist with respect to all others, in accordance with section
735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend
liquidation of all appropriate entries of uncoated paper from all
others, which were entered, or withdrawn from warehouse, for
consumption on or after August 26, 2015, the date of publication of the
Preliminary Determination in the Federal Register.
ITC Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States
[[Page 3110]]
is materially injured, or threatened with material injury, by reason of
imports of uncoated paper from Australia no later than 45 days after
our final determination. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders (APO)
This notice also serves as a reminder to parties subject to an 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 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 subject to sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: January 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by the 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 \1\ 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).
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\1\ 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.
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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.
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. List of Comments
V. Discussion of Comments
Comment 1: Whether Adverse Facts Available (AFA) are Warranted
for Respondent Australian Paper
Comment 2: Rate To Assign to Australian Paper Based on AFA
Comment 3: Derivation of the All-Others Rate
VI. Finding of Critical Circumstances, In Part
[FR Doc. 2016-01019 Filed 1-19-16; 8:45 am]
BILLING CODE 3510-DS-P