[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70205-70206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29116]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-823]
Certain Coated Paper Suitable for High-Quality Print Graphics
Using Sheet-Fed Presses From Indonesia: Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on an affirmative final determination by the Department
of Commerce (the Department) and the International Trade Commission
(the ITC), the Department is issuing an antidumping duty order on
certain coated paper suitable for high-quality print graphics using
sheet-fed presses (certain coated paper) from Indonesia.
DATES: Effective Date: November 17, 2010.
FOR FURTHER INFORMATION CONTACT: Gemal Brangman or Brian Smith, AD/CVD
Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
3773 and (202) 482-1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 27, 2010, the Department published its affirmative
final determination of sales at less-than-fair-value in the antidumping
duty investigation of certain coated paper from Indonesia. See Certain
Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed
Presses from Indonesia: Final Determination of Sales at Less Than Fair
Value, 75 FR 59223 (September 27, 2010) (Certain Coated Paper Final
Determination).
On November 10, 2010, the ITC notified the Department of its final
determination pursuant to section 735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in the United States is threatened
with material injury by reason of less-than-fair-value imports of
certain coated paper from Indonesia. See section 735(b)(1)(A)(ii) of
the Act.
Scope of the Order
The scope of the order covers 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 (``Certain Coated Paper'').
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\1\ `` `Paperboard' refers to Certain Coated Paper that is
heavier, thicker and more rigid than coated paper which otherwise
meets the product description. In the context of Certain Coated
Paper, paperboard typically is referred to as `cover,' to
distinguish it from `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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Certain 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.
Certain 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, 4810.32, 4810.39 and 4810.92. While HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the order is dispositive.
Antidumping Duty Order
On November 10, 2010, in accordance with section 735(d) of the Act,
the ITC notified the Department of its final determination that an
industry in the United States is threatened with material injury within
the meaning of section 735(b)(1)(A)(ii) of the Act by reason of less-
than-fair-value imports of certain coated paper from Indonesia.
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs Border and Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the U.S. price of the merchandise for all relevant entries of
certain coated paper from Indonesia.
For all manufacturers/exporters, pursuant to section 736(b)(2) of
the Act, duties shall be assessed on subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the ITC's notice of final determination, given that that
determination is based on the threat
[[Page 70206]]
of material injury, other than threat of material injury described in
section 736(b)(1) of the Act. Section 736(b)(1) of the Act states that,
``{i{time} f the Commission, in its final determination under section
735(b), finds material injury or threat of material injury which, but
for the suspension of liquidation under section 733(d)(2) would have
led to a finding of material injury, then entries of the subject
merchandise, the liquidation of which has been suspended under section
733(d)(2), shall be subject to the imposition of antidumping duties
under section 731.'' In addition, section 736(b)(2) of the Act requires
CBP to release any bond or other security and refund any cash deposit
made of estimated antidumping duties posted since the Department's
preliminary antidumping duty determination (i.e., May 6, 2010). See
Certain Coated Paper Suitable for High-Quality Print Graphics Using
Sheet-Fed Presses from Indonesia: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 75 FR
24885 (May 6, 2010).
Because the ITC's final determination is based on the threat of
material injury and is not accompanied by a finding that injury would
have resulted but for the imposition of suspension of liquidation of
entries since the Department's preliminary determination, section
736(b)(2) of the Act is applicable. According to section 736(b)(2) of
the Act, where the ITC finds threat of material injury, duties shall
only be assessed on subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
ITC's notice of final determination. In addition, section 736(b)(2) of
the Act requires CBP to refund any cash deposits or bonds of estimated
antidumping duties posted since the preliminary antidumping
determination and prior to the ITC's notice of final determination.
Therefore, on or after the date of publication of the ITC's notice
of final determination in the Federal Register CBP will require a cash
deposit equal to the estimated dumping margins listed below, pursuant
to section 736(a)(3) of the Act, at the same time that importers would
deposit estimated normal customs duties on this merchandise. The ``All
Others'' rate for Indonesia applies to all Indonesian producers or
exporters not specifically listed and not specifically excluded. The
Department will also instruct CBP to terminate the suspension of
liquidation for entries of certain coated paper from Indonesia entered
or withdrawn from warehouse, for consumption prior to November 10,
2010, and refund any cash deposits made and release any bonds posted
between the publication of the Department's preliminary determinations
on May 6, 2010, and the publication of the ITC's final determination.
Final Determination Margins
The margins and cash deposit rates are as follows:
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Margin
Exporter or producer (percent)
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PT. Pabrik Kertas Tjiwi Kimia Tbk./PT. Pindo Deli Pulp 20.13
and Paper Mills/PT. Indah Kiat Pulp and Paper Tbk......
All Others.............................................. 20.13
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This notice constitutes the antidumping duty order with respect to
certain coated paper from Indonesia, pursuant to section 736(a) of the
Act. Interested parties may contact the Department's Central Records
Unit, Room 7046 of the main Commerce Building, for copies of an updated
list of antidumping duty orders currently in effect.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: November 12, 2010.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29116 Filed 11-16-10; 8:45 am]
BILLING CODE 3510-DS-P