70206 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 

1See the memorandum to Barbara E. Tillman, 

Director, AD/CVD Operations, Office 6, ‘‘Ministerial 

Error Allegation and Identification of Misstatement 

in the Issues and Decision Memorandum in the 

Instant Investigation,’’ dated November 10, 2010. 

This public document is available in the Central 

Records Unit, Room 7046, of the main Department 

of Commerce building. 

2See Decision Memorandum at 59. 

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}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 HighQuality 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entered, or withdrawn from warehouse, 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: 

Exporter or producer Margin 

(percent) 

PT. Pabrik Kertas Tjiwi Kimia 

Tbk./PT. Pindo Deli Pulp 

and Paper Mills/PT. Indah 

Kiat Pulp and Paper Tbk. 20.13 

All Others .............................. 20.13 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–560–824] 

Certain Coated Paper Suitable for 

High-Quality Print Graphics Using 

Sheet-Fed Presses From Indonesia: 

Countervailing Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (the Department) and the 

U.S. International Trade Commission 

(ITC), the Department is issuing a 

countervailing 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: 

Gene Calvert or Nicholas Czajkowski, 

AD/CVD Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–3586 and (202) 

482–1395, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with section 705(d) of 

the Tariff Act of 1930, as amended (the 

Act), on September 27, 2010, the 

Department published its final 

determination in the countervailing 

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 Affirmative 

Countervailing Duty Determination, 75 

FR 59209 (September 27, 2010), and 

accompanying Issues and Decision 

Memorandum (Decision Memorandum). 

On November 10, 2010, the 

Department placed on the record of this 

investigation a memorandum,1 which 

identifies an unintentional misstatement 

regarding our discount rate calculation 

for allocable subsidies received by the 

mandatory company respondents, PT 

Pabrik Kertas Tjiwi Kimia Tbk., PT 

Pindo Deli Pulp and Paper Mills, and 

PT Indah Kiat Pulp and Paper, Tbk. 

Specifically, in the Decision 

Memorandum, we stated that ‘‘{t}he 

discount rate is intended to calculate a 

present value of a future stream of 

benefits based on a company’s own 

internal rate of return or cost of 

borrowing (or approximation thereof) 

and is based on lending rates in the 

respondent’s home market currency. 

***’’ 2 However, we should have 

stated that the discount rate in this 

investigation is based on lending rates 

in U.S. dollars. 

On November 10, 2010, the ITC 

notified the Department of its final 

determination, pursuant to sections 

705(b)(1)(A)(ii) and 705(d) of the Act, 

that a U.S. industry is threatened with 

material injury by reason of subsidized 

imports of subject merchandise from 

Indonesia. See Certain Coated Paper 

Suitable for High-Quality Print Graphics 

Using Sheet-Fed Presses from China and 

Indonesia, USITC Publication 4192, 

Investigation Nos. 701–TA–470–471 and 

731–TA–1169–1170 (Final) (November 

2010). Pursuant to section 706(a) of the 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70207 

3 ‘‘ ‘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.’ ’’ 

4One 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. 

5See Certain Coated Paper from Indonesia: 

Preliminary Affirmative Countervailing Duty 

Determination and Alignment of Final 

Countervailing Duty Determination with Final 

Antidumping Duty Determination, 75 FR 10761 

(March 9, 2010) (Preliminary Determination). 

6The Department instructed CBP to discontinue 

the suspension of liquidation on July 7, 2010, in 

accordance with section 703(d) of the Act. Section 

703(d) states that suspension of liquidation 

pursuant to a preliminary determination may not 

remain in effect for more than four months. Entries 

of certain coated paper from Indonesia made on or 

after July 7, 2010, and prior to the date of 

publication of the ITC’s final determination in the 

Federal Register are not liable for the assessment 

of countervailing duties because of the 

Department’s discontinuation of the suspension of 

liquidation, effective July 7, 2010. 

Act, the Department is publishing a 

countervailing duty order on the subject 

merchandise. 

Scope of the Order 

The scope of this order includes 

certain coated paper and paperboard3 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; 4 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, surfacedecorated, printed (except as described 

below), embossed, or perforated; and 

irrespective of dimensions (Certain 

Coated Paper). 

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 multicolored 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. 

Countervailing Duty Order 

In accordance with section 706(a)(1) 

of the Act, the Department will direct 

U.S. Customs and Border Protection 

(CBP) to assess, upon further instruction 

by the Department, countervailing 

duties equal to the amount of the net 

countervailable subsidy for all relevant 

entries of certain coated paper from 

Indonesia. 

According to section 706(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 the ITC’s notice of final 

determination if that determination is 

based upon threat of material injury. 

Section 706(b)(1) of the Act states, ‘‘If 

the Commission, in its final 

determination under section 705(b), 

finds material injury or threat of 

material injury which, but for the 

suspension of liquidation under section 

703(d)(2), would have led to a finding 

of material injury, then entries of the 

merchandise subject to the 

countervailing duty order, the 

liquidation of which has been 

suspended under section 703(d)(2), 

shall be subject to the imposition of 

countervailing duties under section 

701(a).’’ In addition, section 706(b)(2) of 

the Act requires CBP to refund any cash 

deposits or bonds of estimated 

countervailing duties posted since the 

Department’s preliminary 

countervailing duty determination, if 

the ITC’s final determination is threatbased. Because the ITC’s final 

determination in this case 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 was 

published in the Federal Register, 5

section 706(b)(2) of the Act is 

applicable. 

Therefore, the Department will direct 

CBP to reinstitute suspension of 

liquidation,6 and to assess, upon further 

instruction from the Department, 

countervailing duties on all 

unliquidated entries of certain coated 

paper from Indonesia entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of the ITC’s notice of final 

determination of threat of injury in the 

Federal Register. 

Cash Deposit Requirements 

Pursuant to section 706(a)(3) of the 

Act, effective on the date of publication 

of the ITC’s notice of final 

determination in the Federal Register, 

CBP will require, at the same time as 

importers would normally deposit 

estimated duties, cash deposits for the 

subject merchandise equal to the net 

subsidy rates listed below. The allothers rate applies to all producers and 

exporters of subject merchandise not 

specifically listed. 

Producer/exporter 

Net subsidy 

rate 

(percent) 

PT Pabrik Kertas Tjiwi Kimia, 

Tbk, PT Pindo Deli Pulp 

and Paper Mills, PT Indah 

Kiat Pulp and Paper, Tbk.

(i.e., APP/SMG) .................... 17.94 

All Others .............................. 17.94 

Termination of the Suspension of 

Liquidation 

The Department will instruct CBP to 

terminate the suspension of liquidation 

for entries of coated paper from the PRC 

entered, or withdrawn from warehouse, 

for consumption prior to the publication 

of the ITC’s notice of final 

determination. The Department will 

also instruct CBP to refund any cash 

deposits made, and to release any bonds 

posted between March 9, 2010 (i.e., the 

date of publication of the Department’s 

Preliminary Determination) and on or 

before July 7, 2010, the date on which 

the Department discontinued the 

suspension of liquidation pursuant to 

section 703(d) of the Act. 

This notice constitutes the 

countervailing duty order with respect 

to certain coated paper from Indonesia, 

pursuant to section 706(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 countervailing duty orders currently 

in effect. 

mstockstill on DSKH9S0YB1PROD with NOTICES

70208 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 

1Norit Americas Inc. and Calgon Carbon 

Corporation. 

2See Certain Activated Carbon from the People’s 

Republic of China: Notice of Partial Rescission of 

Antidumping Duty Administrative Review, 74 FR 

31690 (July 2, 2009). 

3See Certain Activated Carbon From the People’s 

Republic of China: Notice of Partial Rescission of 

Antidumping Duty Administrative Review, 74 FR 

47558 (September 16, 2009). 

This order is issued and published in 

accordance with section 706(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. 2010–29120 Filed 11–16–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–904] 

Certain Activated Carbon From the 

People’s Republic of China: Final 

Results and Partial Rescission of 

Second Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 13, 2010, the 

Department of Commerce 

(‘‘Department’’) published in the Federal 

Register the preliminary results of the 

second administrative review of the 

antidumping duty order on certain 

activated carbon from the People’s 

Republic of China (‘‘PRC’’). See Certain 

Activated Carbon From the People’s 

Republic of China: Notice of Preliminary 

Results of the Second Antidumping 

Duty Administrative Review, and 

Preliminary Rescission in Part, 75 FR 

26927 (May 13, 2010) (‘‘Preliminary 

Results’’). We gave interested parties an 

opportunity to comment on the 

Preliminary Results. Based upon our 

analysis of the comments and 

information received, we made changes 

to the margin calculations for the final 

results. We continue to find that certain 

exporters have sold subject merchandise 

at less than normal value during the 

period of review (‘‘POR’’), April 1, 2008, 

through March 31, 2009. 

DATES: Effective Date: November 17, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert Palmer and Katie Marksberry, 

AD/CVD Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–9068 and (202) 

482–7906 respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 29, 2009, the Department 

initiated this review with respect to 187 

companies upon which an 

administrative review was requested. 

See Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews, 74 FR 25711 (May 29, 2009). 

Subsequently, pursuant to 19 CFR 

351.213(d)(1), the Department rescinded 

the administrative review with respect 

to 155 companies, based upon 

Petitioners’ 1 timely withdrawal of 

review requests.2 On September 16, 

2009, the Department rescinded the 

administrative review with respect to an 

additional 13 companies, based on 

Petitioners’ timely withdrawal of review 

requests.3 Thus, 19 companies remained 

subject to this review. 

On June 2, 2010, Jacobi Carbons AB 

(‘‘Jacobi’’) and Ningxia Huahui Activated 

Carbon Co., Ltd. (‘‘Huahui’’), the 

mandatory respondents in this review, 

and Petitioners submitted additional 

surrogate value (‘‘SV’’) information. On 

June 14, 2010, Petitioners submitted 

rebuttal SV information. 

At the Preliminary Results, we set the 

deadline for interested parties to submit 

case briefs and rebuttal briefs to June 14, 

2010, and June 21, 2010, respectively. 

On June 7, 2010, we extended the 

deadlines for case and rebuttal briefs to 

June 21, 2010, and June 28, 2010, 

respectively. Additionally, on June 25, 

2010, we extended the deadline for 

rebuttal briefs by an additional two days 

to June 30, 2010. On June 21, 2010, 

Petitioners, Jacobi, and Huahui filed 

case briefs. On June 21, 2010, Ningxia 

Guanghua Cherishmet Activated Carbon 

Co., Ltd. (‘‘GHC’’) filed comments on the 

Department’s wage rate methodology. 

On June 28, 2010, Shanxi DMD 

Corporation (‘‘Shanxi DMD’’) filed a 

rebuttal brief. On June 30, 2010, Huahui 

filed a rebuttal brief. On July 1, 2010, 

Jacobi and Petitioners filed rebuttal 

briefs. On August 3, 2010, the 

Department placed wage rate data to 

value the input of labor on the record 

for comment by interested parties. On 

September 27, 2010, the Department 

issued industry-specific wage rate data 

for comment. On October 4, 2010, the 

Department issued a memorandum 

regarding the Department’s industryspecific wage rate methodology for 

comment. On October 7, 2010, the 

Department issued a correction to the 

October 4, 2010, data. On October 4, 

2010, Huahui provided comments on 

the September 27, 2010, data. On 

October 13, 2010, Petitioners, Jacobi, 

and Huahui provided comments on the 

October 4, 2010, and October 7, 2010, 

memoranda. On October 18, 2010, 

Huahui provided rebuttal comments. 

The Department did not hold a public 

hearing pursuant to 19 CFR 351.310(d), 

as any hearing requests made by 

interested parties were withdrawn. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to these 

reviews are addressed in the ‘‘Certain 

Activated Carbon from the People’s 

Republic of China: Issues and Decision 

Memorandum for the Final Results of 

the Second Antidumping Duty 

Administrative Review,’’ which is dated 

concurrently with this notice (‘‘Decision 

Memo’’). A list of the issues which 

parties raised and to which we respond 

in the Decision Memo is attached to this 

notice as an Appendix. The Decision 

Memo is a public document and is on 

file in the Central Records Unit, main 

Commerce building, Room 7046, and is 

accessible on the Department’s Web site 

at http://www.trade.gov/ia. The paper 

copy and electronic version of the 

memorandum are identical in content. 

Scope of the Order 

The merchandise subject to the order 

is certain activated carbon. Certain 

activated carbon is a powdered, 

granular, or pelletized carbon product 

obtained by ‘‘activating’’ with heat and 

steam various materials containing 

carbon, including but not limited to coal 

(including bituminous, lignite, and 

anthracite), wood, coconut shells, olive 

stones, and peat. The thermal and steam 

treatments remove organic materials and 

create an internal pore structure in the 

carbon material. The producer can also 

use carbon dioxide gas (CO2) in place of 

steam in this process. The vast majority 

of the internal porosity developed 

during the high temperature steam (or 

CO2 gas) activated process is a direct 

result of oxidation of a portion of the 

solid carbon atoms in the raw material, 

converting them into a gaseous form of 

carbon. 

The scope of the order covers all 

forms of activated carbon that are 

activated by steam or CO2, regardless of 

the raw material, grade, mixture, 

additives, further washing or postactivation chemical treatment (chemical 

or water washing, chemical 

impregnation or other treatment), or 

product form. Unless specifically 

excluded, the scope of the order covers 

all physical forms of certain activated 

carbon, including powdered activated 

carbon (‘‘PAC’’), granular activated 

mstockstill on DSKH9S0YB1PROD with NOTICES