[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Notices]
[Pages 30370-30371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13068]
[[Page 30370]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-959]
Certain Coated Paper Suitable For High-Quality Print Graphics
Using Sheet-Fed Presses from the People's Republic of China: Amended
Affirmative Preliminary Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The purpose of this amended affirmative preliminary
determination is to correct significant ministerial errors in the
preliminary determination, published on March 9, 2010, that
countervailable subsidies are being provided to producers and exporters
of certain coated paper suitable for high-quality print graphics using
sheet-fed presses from the People's Republic of China (``PRC'').
EFFECTIVE DATE: June 1, 2010.
FOR FURTHER INFORMATION CONTACT: David Neubacher, AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-5823.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2010, we published our preliminary determination
stating that countervailable subsidies are being provided to producers
and exporters of coated paper from the PRC. See Certain Coated Paper
Suitable For High-Quality Print Graphics Using Sheet-Fed Presses from
the People's Republic of China: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final Countervailing Duty
Determination with Final Antidumping Duty Determination, 75 FR 10774
(March 9, 2010) (``Preliminary Determination''). On March 23, 2010,
Appleton Coated LLC, NewPage Corporation, S.D. Warren Company d/b/a
Sappi Fine Paper North America, and the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union (collectively, ``Petitioners'') filed a
timely allegation of significant ministerial errors contained in the
Department's Preliminary Determination. No rebuttal comments were
received. After reviewing the allegation, we have determined that the
Preliminary Determination included significant ministerial errors.
Therefore, in accordance with 19 CFR 351.224(e), we have made changes,
as described below, to the Preliminary Determination.
Scope of the Investigation
The scope of this investigation consists of Coated Paper, which are
certain coated paper and paperboard\1\ in sheets suitable for high
quality print graphics using sheet-fed presses; coated on one or both
sides with kaolin (China or other clay), calcium carbonate, titanium
dioxide, and/or other inorganic substances; with or without a binder;
having a GE brightness level of 80 or higher;\2\ weighing not more than
340 grams per square meter; whether gloss grade, satin grade, matte
grade, dull grade, or any other grade of finish; whether or not
surface-colored, surface-decorated, printed (except as described
below), embossed, or perforated; and irrespective of dimensions.
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\1\ ``[revaps]Paperboard' refers to Coated Paper that is
heavier, thicker and more rigid than coated paper which otherwise
meets the product description. In the context of Coated Paper,
paperboard typically is referred to as [revaps]cover,' to
distinguish it from [revaps]text.'''
\2\ 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 of 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.
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Coated Paper includes: (a) coated free sheet paper and paperboard
that meets this scope definition; (b) coated groundwood paper and
paperboard produced from bleached chemi-thermo-mechanical pulp
(``BCTMP'') that meets this scope definition; and (c) any other coated
paper and paperboard that meets this scope definition.
Coated Paper is typically (but not exclusively) used for printing
multi-colored graphics for catalogues, books, magazines, envelopes,
labels and wraps, greeting cards, and other commercial printing
applications requiring high quality print graphics.
Specifically excluded from the scope are imports of paper and
paperboard printed with final content printed text or graphics.
As of 2009, imports of the subject merchandise are provided for
under the following categories of the Harmonized Tariff Schedule of the
United States (``HTSUS''): 4810.14.11, 4810.14.1900, 4810.14.2010,
4810.14.2090, 4810.14.5000, 4810.14.6000, 4810.14.70, 4810.19.1100,
4810.19.1900, 4810.19.2010, 4810.19.2090, 4810.22.1000, 4810.22.50,
4810.22.6000, 4810.22.70, 4810.29.1000, 4810.29.5000, 4810.29.6000,
4810.29.70. While HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
Analysis of Alleged Significant Ministerial Error
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' With respect to preliminary determinations, 19 CFR
351.224(e) provides that the Department ``will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination. . .'' A significant
ministerial error is defined as an error, the correction of which,
singly or in combination with other errors, would result in: (1) a
change of at least five absolute percentage points in, but not less
than 25 percent of, the countervailable subsidy rate calculated in the
original (erroneous) preliminary determination; or (2) a difference
between a countervailable subsidy rate of zero (or de minimis) and a
countervailable subsidy rate of greater than de minimis or vice versa.
See 19 CFR 351.224(g).
We have determined that the Preliminary Determination contained
ministerial errors with respect to Gold East Trading (Hong Kong)
Company Limited, Gold East Paper (Jiangsu) Co., Ltd. and Gold Huasheng
Paper Co., Ltd. (collectively, ``Gold companies''). Correction of these
ministerial errors results in the Gold companies' subsidy rate changing
by more than five absolute points and not less than 25 percent of the
originally calculated margin. Thus, the ministerial errors are
significant pursuant to 19 CFR 351.224(g). See Memorandum to Susan
Kuhbach, Director, Office 1, AD/CVD Operations, entitled, ``Ministerial
Error Allegations'' (May 24, 2010) for the analysis performed. This
memorandum is on file in the Department's Central Records Unit in Room
1117 of the main Department building.
Amended Preliminary Determination
Because the errors alleged by Petitioners regarding the
countervailable subsidy rate calculation for the Gold companies are
significant, we are amending the preliminary countervailing duty rate
calculation for them pursuant to 19 CFR 351.224(e). In addition, the
calculated All Others' rate in the Preliminary Determination was
[[Page 30371]]
based on the simple average of the Gold companies' and Shandong Sun
Paper Industry Joint Stock Co., Ltd.'s and its affiliate's, Yanzhou
Tianzhang Paper Industry Co., Ltd., (collectively, ``Sun Paper
companies'') subsidy rates. Thus, we have also amended the All Others'
rate to account for the change in the Gold companies' subsidy rate. To
that end, we calculated the simple average of the Gold companies'
revised subsidy rate and the Sun Paper companies' subsidy rate,
unchanged from the Preliminary Determination.
As a result of corrections of ministerial errors, the amended
preliminary net countervailable subsidy rates are as follows:
------------------------------------------------------------------------
Original Amended
Exporter/Manufacturer Subsidy Subsidy
Rate Rate
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Gold East Paper (Jiangsu) Co., Ltd, Gold Huasheng 12.83 20.07
Paper Co., Ltd., Gold East Trading (Hong Kong)
Company Ltd., Ningbo Zhonghua Paper Co., Ltd., and
Ningbo Asia Pulp & Paper Co., Ltd...................
Shandong Sun Paper Industry Joint Stock Co., Ltd. and 3.92 3.92
Yanzhou Tianzhang Paper Industry Co., Ltd...........
All Others........................................... 8.38 12.00
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Suspension of Liquidation
The collection of bonds or cash deposits and suspension of
liquidation will be revised, in accordance with section 703(d) and (f)
of the Act. Specifically, we will instruct U.S. Customs and Border
Protection (``CBP'') to continue to suspend liquidation and to require
a cash deposit or bond in the amounts indicated above, on all entries
of coated paper from the PRC that are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we have notified the
U.S. International Trade Commission (``ITC'') of our amended
affirmative preliminary determination. If our final countervailing duty
determination is affirmative, the ITC will determine whether the
imports covered by that determination are materially injuring, or
threatening material injury to, the U.S. industry.
This determination is issued and published pursuant to sections
703(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: May 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-13068 Filed 5-28-10; 8:45 am]
BILLING CODE 3510-DS-S