[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:
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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