AD/CVD message 0084301 - NOTICE OF PRELIMINARY AFFIRMATIVE DETERMINATION IN A COUNTERVAILING DUTY INVESTIGATION OF CERTAIN COATED PAPER FROM INDONESIA (C-560-824-000/001/002/003)

0084301
Mar 25, 2010
Active

Effective Date: Mar 09, 2010

Cite as: 75 FR 10761 • Cite date: Mar 09, 2010

Category: Countervailing • Type: Preliminary Determination • Reference messages: 9307208 • Cases: C-560-824

1. ON 03/09/2010, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS PRELIMINARY AFFIRMATIVE DETERMINATION AND ALIGNMENT OF ITS FINAL COUNTERVAILING DUTY DETERMINATION OF CERTAIN COATED PAPER FROM INDONESIA FROM 05/15/2010 UNTIL NO LATER THAN 07/12/2010, THEREBY ALIGNING IT WITH THE DUE DATE FOR THE FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN COATED PAPER FROM INDONESIA. SEE 75 FR 10761, 03/09/2010.

2. THE SCOPE OF THIS INVESTIGATION CONSISTS OF COATED PAPER, WHICH ARE CERTAIN COATED PAPER AND PAPERBOARD (NOTE 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; (NOTE 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.

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. (NOTE 3)

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.

NOTE 1: “ ‘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 ‘COVER,' TO DISTINGUISH IT FROM ‘TEXT.'”

NOTE 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.

NOTE 3: IN MESSAGE NO.9307208 DATED 11/03/2009 THE WORD “PAPERBOARD” WAS INADVERTENTLY OMITTED FROM THE DEFINITION OF COATED PAPER. PAPERBOARD IS PROPERLY INCLUDED IN THE WRITTEN DESCRIPTION ABOVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER C-560-824.

4. FOR IMPORTS OF CERTAIN COATED PAPER FROM INDONESIA, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER 03/09/2010. EFFECTIVE 03/09/2010, CBP SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE SUBSIDY RATES FOR THE PRODUCER AND/OR EXPORTER LISTED IN THE COMPANY-DETAILS TABLE APPENDED TO THE BOTTOM OF THIS MESSAGE.

5. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS APPLY:

A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH DEPOSIT OR BONDING RATE WILL BE THE MANUFACTURER'S RATE.

B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE ‘ALL OTHERS' RATE OF 17.48 PERCENT TO ESTABLISH THE CASH DEPOSIT OR BONDING RATE.

6. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE–ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577, RESPECTIVELY (GENERATED BY O6: ML).

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

FLORENCE CONSTANT