[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60378-60380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24415]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-829]
Uncoated Paper From Indonesia: Preliminary Results of
Countervailing Duty Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of uncoated paper from Indonesia during the period of review
(POR) January 1, 2018 through December 31, 2018.
DATES: Applicable November 8, 2019.
FOR FURTHER INFORMATION CONTACT: William Miller, 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) 482-3906.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2019, Commerce published a notice of opportunity to
request an administrative review of the countervailing duty (CVD) order
on uncoated paper from Indonesia covering the period January 1, 2018
through December 31, 2018.\1\ Commerce received a timely request from
the petitioners \2\ for an administrative review of the countervailing
duty order with respect to PT Anugerah Kertas Utama, PT Riau Andalan
Kertas, APRIL Fine Paper Macao Offshore Limited, PT Asia Pacific Rayon,
PT Sateri Viscose International, A P Fine Paper Trading (Hong Kong)
Limited, and APRIL International Enterprise Pte. Ltd. (collectively,
APRIL).\3\ On May 29, 2019, Commerce published a notice of initiation
of an administrative review of
[[Page 60379]]
the CVD order on uncoated paper from Indonesia with regard to the seven
APRIL companies.\4\
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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, 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 Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 24743 (May 29, 2019).
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On May 3, 2019, APRIL notified Commerce that APRIL will not be
participating in the 2018 administrative review.\5\
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\5\ See APRIL's Letter, ``Uncoated Paper from Indonesia,'' dated
May 3, 2019.
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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.\6\
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\6\ For a complete description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
Countervailing Duty Administrative Review of Uncoated Paper from
Indonesia; 2018,'' (Preliminary Decision Memorandum), dated
concurrently with, and hereby adopted by, this notice.
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Use of Facts Otherwise Available and Application of Adverse Inferences
to APRIL
Subsequent to the initiation of this administrative review,
Commerce issued the initial questionnaire in a letter to the Government
of Indonesia (GOI) dated June 20, 2019.\7\ APRIL failed to respond
entirely to the questionnaire by the specified deadline. Additionally,
the GOI did not submit requested information related to APRIL in
response to Commerce's initial questionnaire. Therefore, because
necessary information is not available on the record and because both
APRIL and the GOI failed to respond to Commerce's request for
information, we preliminarily find that the use of facts available is
warranted, pursuant to section 776(a)(1) and 776(a)(2)(A), (B) and (C)
of the Tariff Act of 1930, as amended (the Act). Moreover, because
APRIL and the GOI did not cooperate to the best of their ability,
pursuant to 776(b) of the Act, we preliminarily find that use of
adverse facts available (AFA) is warranted to ensure that APRIL does
not obtain a more favorable result by failing to cooperate than if it
had fully complied with our request for information.
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\7\ See Commerce's Letter, ``2018 Countervailing Duty
Administrative Review of Certain Uncoated Paper from Indonesia:
Countervailing Duty Questionnaire,'' dated June 20, 2019.
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For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.\8\ 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 Memorandum are identical in content. A list
of the topics discussed in the Preliminary Decision Memorandum is
attached as an Appendix to this notice.
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\8\ See Preliminary Decision Memorandum.
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Preliminary Results of Review
We preliminarily determine the following net countervailable
subsidy rate for the period January 1, 2018 through December 31, 2018:
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Net subsidy
Company rate Ad Valorem
(percent)
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PT Anugerah Kertas Utama, PT Riau Andalan Kertas, APRIL 104.00
Fine Paper Macao Offshore Limited, PT Asia Pacific
Rayon, PT Sateri Viscose International, A P Fine Paper
Trading (Hong Kong) Limited, and APRIL International
Enterprise Pte. Ltd. (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, because Commerce preliminarily applied AFA to
the sole company that is under review (i.e., APRIL), in accordance with
section 776 of the Act, and because our calculation of the AFA subsidy
rate is outlined in the Preliminary Decision Memorandum,\9\ there are
no further calculations to disclose.
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\9\ Id.
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\10\ 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.\11\ 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.\12\ Case and
rebuttal briefs should be filed using ACCESS.\13\
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\10\ See 19 CFR 351.309(c)(ii).
\11\ See 19 CFR 351.309(d)(1).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ 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 p.m. Eastern Time within 30 days after
the date of publication of this notice.\14\ 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
[[Page 60380]]
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.\15\
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\14\ See 19 CFR 351.310(c).
\15\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of arguments raised in
any written briefs, no later than 120 days after the publication of
these preliminary results in the Federal Register, unless otherwise
extended.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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Assessment
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuing the final results of this review, Commerce
will determine, and U.S. Customs and Border Protection (CBP) shall
assess CVDs on all appropriate entries. Commerce intends to issue
appropriate assessment instructions to CBP 15 days after publication of
the final results of this review.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
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. 2019-24415 Filed 11-7-19; 8:45 am]
BILLING CODE 3510-DS-P