53710 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 

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.’ ’’ 

2One 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. 

Petition and amendments thereto have 

been provided to the GOI. To the extent 

practicable, we will attempt to provide 

a copy of the public version of the 

Indonesia CVD Petition to each exporter 

named in the petition, as provided 

under 19 CFR 351.203(c)(2). 

ITC Notification 

We have notified the ITC of our 

initiation, as required by section 702(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the petition was filed, whether there is 

a reasonable indication that imports of 

subsidized certain coated paper from 

Indonesia materially injure, or threaten 

material injury to, a U.S. industry. See 

section 703(a)(2) of the Act. A negative 

ITC determination will result in the 

investigation being terminated; see 

section 703(a)(1) of the Act. Otherwise, 

the investigation will proceed according 

to statutory and regulatory time limits. 

This notice is issued and published 

pursuant to section 777(i) of the Act. 

Dated: October 13, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I—Scope of the Investigation 

The merchandise covered by this 

investigation includes 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, 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 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. While 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of the 

investigation is dispositive. 

[FR Doc. E9–25187 Filed 10–19–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–560–823, A–570–958] 

Certain Coated Paper Suitable for 

High-Quality Print Graphics Using 

Sheet-Fed Presses From Indonesia 

and the People’s Republic of China: 

Initiation of Antidumping Duty 

Investigations 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: October 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Gemal Brangman (Indonesia) or Frances 

Veith (People’s Republic of China), AD/ 

CVD Operations, Office 2 and Office 8, 

respectively, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–3773 or (202) 482–4295, 

respectively. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On September 23, 2009, the 

Department of Commerce (‘‘the 

Department’’) received Petitions 

concerning imports of certain coated 

paper, suitable for high-quality print 

graphics using sheet fed presses 

(‘‘certain coated paper’’) from Indonesia 

and the People’s Republic of China 

(‘‘PRC’’) filed in proper form by 

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’’). See Petition for the 

Imposition of Antidumping Duties on 

Certain Coated Paper from Indonesia 

(‘‘Indonesia petition’’) dated September 

23, 2009; and Petition for the Imposition 

of Antidumping Duties on Certain 

Coated Paper from the People’s 

Republic of China dated September 23, 

2009 (‘‘PRC petition’’) (collectively, ‘‘the 

Petitions’’). On September 29, and 

October 7, 2009, the Department issued 

requests for additional information and 

clarification of certain areas of the 

Petitions. Based on the Department’s 

request, Petitioners filed supplements to 

the Petitions for both countries on 

October 2, 8, and 9, 2009. 

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (‘‘the 

Act’’), Petitioners allege that imports of 

certain coated paper from Indonesia and 

the PRC are being, or are likely to be, 

sold in the United States at less than fair 

value, within the meaning of section 

731 of the Act, and that such imports 

materially injure, or threaten material 

injury to, an industry in the United 

States. 

The Department finds that Petitioners 

filed these Petitions on behalf of the 

domestic industry because Petitioners 

are interested parties as defined in 

sections 771(9)(C) and 771(9)(D) of the 

Act, and they have demonstrated 

sufficient industry support with respect 

to the investigations that they are 

requesting the Department to initiate 

(see ‘‘Determination of Industry Support 

for the Petitions’’ below). 

Scope of Investigations 

The products covered by these 

investigations are certain coated paper 

from Indonesia and the PRC. For a full 

description of the scope of the 

investigations, please see the ‘‘Scope of 

Investigations,’’ in Appendix I of this 

notice. 

Comments on Scope of Investigations 

During our review of the Petitions, we 

discussed the scope with Petitioners to 


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Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 53711 

ensure that it is an accurate reflection of 

the products for which the domestic 

industry is seeking relief. Moreover, as 

discussed in the preamble to the 

regulations (Antidumping Duties; 

Countervailing Duties; Final Rule, 62 FR 

27296, 27323 (May 19, 1997)), we are 

setting aside a period for interested 

parties to raise issues regarding product 

coverage. The Department encourages 

all interested parties to submit such 

comments by November 2, 2009, the 

next business day after 20 calendar days 

from the date of signature of this notice. 

Comments should be addressed to 

Import Administration’s APO/Dockets 

Unit, Room 1870, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230. 

The period of scope consultations is 

intended to provide the Department 

with ample opportunity to consider all 

comments and to consult with parties 

prior to the issuance of the preliminary 

determinations. 

Comments on Product Characteristics 

for Antidumping Duty Questionnaires 

We are requesting comments from 

interested parties regarding the 

appropriate physical characteristics of 

certain coated paper to be reported in 

response to the Department’s 

antidumping questionnaires. This 

information will be used to identify the 

key physical characteristics of the 

subject merchandise in order to more 

accurately report the relevant factors 

and costs of production, as well as to 

develop appropriate product 

comparison criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate listing of physical 

characteristics. Specifically, they may 

provide comments as to which 

characteristics are appropriate to use as 

(1) general product characteristics and 

(2) the product comparison criteria. We 

note that it is not always appropriate to 

use all product characteristics as 

product comparison criteria. We base 

product comparison criteria on 

meaningful commercial differences 

among products. In other words, while 

there may be some physical product 

characteristics utilized by 

manufacturers to describe certain coated 

paper, it may be that only a select few 

product characteristics take into account 

commercially meaningful physical 

characteristics. In addition, interested 

parties may comment on the order in 

which the physical characteristics 

should be used in product matching. 

Generally, the Department attempts to 

list the most important physical 

characteristics first and the least 

important characteristics last. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the antidumping duty 

questionnaires, we must receive 

comments at the above-referenced 

address by November 2, 2009. 

Additionally, rebuttal comments must 

be received by November 9, 2009. 

Determination of Industry Support for 

the Petitions 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

the Department shall: (i) Poll the 

industry or rely on other information in 

order to determine if there is support for 

the petition, as required by 

subparagraph (A); or (ii) determine 

industry support using a statistically 

valid sampling method. 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs the Department to look to 

producers and workers who produce the 

domestic like product. The International 

Trade Commission (‘‘ITC’’), which is 

responsible for determining whether 

‘‘the domestic industry’’ has been 

injured, must also determine what 

constitutes a domestic like product in 

order to define the industry. While both 

the Department and the ITC must apply 

the same statutory definition regarding 

the domestic like product (see section 

771(10) of the Act), they do so for 

different purposes and pursuant to a 

separate and distinct authority. In 

addition, the Department’s 

determination is subject to limitations of 

time and information. Although this 

may result in different definitions of the 

like product, such differences do not 

render the decision of either agency 

contrary to law. See USEC, Inc. v. 

United States, 132 F. Supp. 2d 1, 8 (Ct. 

Int’l Trade 2001), citing Algoma Steel 

Corp., Ltd. v. United States, 688 F. 

Supp. 639, 644 (Ct. Int’l Trade 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989), cert. 

denied 492 U.S. 919 (1989). 

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, Petitioners offer a definition of 

domestic like product that includes 

sheeter rolls (rolls of certain coated 

paper intended to be slit and used in 

sheet-fed presses) and, therefore, is 

broader than the scope of the 

investigations, which does not include 

sheeter rolls. Based on our analysis of 

the information submitted on the 

record, we have determined that certain 

coated paper described in the scope of 

the investigations and sheeter rolls 

constitute a single domestic like product 

and we have analyzed industry support 

in terms of that domestic like product. 

For a discussion of the domestic like 

product analysis in this case, see 

Antidumping Duty Investigation 

Initiation Checklist: PRC Initiation 

Checklist at Attachment II, Analysis of 

Industry Support for the Petitions 

Covering Certain Coated Paper Suitable 

for High-Quality Print Graphics Using 

Sheet-Fed Presses from the People’s 

Republic of China and Indonesia, and 

Antidumping Duty Investigation 

Initiation Checklist: Indonesia Initiation 

Checklist at Attachment II, Analysis of 

Industry Support for the Petitions 

Covering Certain Coated Paper Suitable 

for High-Quality Print Graphics Using 

Sheet-Fed Presses from the People’s 

Republic of China and Indonesia, dated 

concurrently with this notice and on file 

in the Central Records Unit (‘‘CRU’’), 

Room 1117 of the main Department of 

Commerce building. 

In determining whether Petitioners 

have standing under section 

732(c)(4)(A) of the Act, we considered 

the industry support data contained in 

the Petitions with reference to the 

domestic like product as defined in the 

Petitions. To establish industry support, 

Petitioners provided their own 2008 

shipments of the domestic like product, 

as well as the 2008 shipments of one 

supporting company (SMART Papers), 

and compared the total to the 2008 

shipments of the entire domestic 

industry. See Volume I of the Petitions, 

at 2–3, Exhibits I–3, I–4, and I–19, and 

Supplement to the AD/CVD Petitions, 


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53712 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 

dated October 2, 2009, at 19–22 and 

Exhibit 4. Petitioners estimated total 

2008 shipments of the domestic like 

product based on the American Forest & 

Paper Association Annual Coated 

Printing Papers Survey. See Volume I of 

the Petitions, at 3 and Exhibits I–3 and 

I–4, and Supplement to the AD/CVD 

Petitions, dated October 2, 2009, at 22 

and Exhibit 4; see also PRC Initiation 

Checklist at Attachment II, and 

Indonesia Initiation Checklist at 

Attachment II. 

Our review of the data provided in the 

Petitions, supplemental submissions, 

and other information readily available 

to the Department indicates that 

Petitioners have established industry 

support. First, the Petitions established 

support from domestic producers (or 

workers) accounting for more than 50 

percent of the total production of the 

domestic like product and, as such, the 

Department is not required to take 

further action in order to evaluate 

industry support (e.g., polling). See 

section 732(c)(4)(D) of the Act; see also 

PRC Initiation Checklist at Attachment 

II, and Indonesia Initiation Checklist at 

Attachment II. Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product. See PRC Initiation Checklist at 

Attachment II, and Indonesia Initiation 

Checklist at Attachment II. Finally, the 

domestic producers (or workers) have 

met the statutory criteria for industry 

support under section 732(c)(4)(A)(ii) of 

the Act because the domestic producers 

(or workers) who support the Petitions 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petitions. Accordingly, the 

Department determines that the 

Petitions were filed on behalf of the 

domestic industry within the meaning 

of section 732(b)(1) of the Act. See id. 

The Department finds that Petitioners 

filed the Petitions on behalf of the 

domestic industry because they are 

interested parties as defined in sections 

771(9)(C) and 771(9)(D) of the Act and 

they have demonstrated sufficient 

industry support with respect to the 

antidumping duty investigations that 

they are requesting the Department 

initiate. See id. 

Allegations and Evidence of Material 

Injury and Causation 

Petitioners allege that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at less than normal 

value (‘‘NV’’). In addition, Petitioners 

allege that subject imports exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act. 

Petitioners contend that the industry’s 

injured condition is illustrated by 

reduced market share, underselling and 

price depressing and suppressing 

effects, increased import penetration, 

lost sales and revenue, reduced 

production, capacity, and capacity 

utilization, reduced shipments and 

inventories, reduced employment, and 

reduced financial performance. We have 

assessed the allegations and supporting 

evidence regarding material injury, 

threat of material injury, and causation, 

and we have determined that these 

allegations are properly supported by 

adequate evidence and meet the 

statutory requirements for initiation. See 

PRC Initiation Checklist at Attachment 

III, Analysis of Allegations and 

Evidence of Material Injury and 

Causation for the Petitions Covering 

Certain Coated Paper Suitable for HighQuality Print Graphics Using Sheet-Fed 

Presses from the People’s Republic of 

China and Indonesia, and Indonesia 

Initiation Checklist at Attachment III, 

Analysis of Allegations and Evidence of 

Material Injury and Causation for the 

Petitions Covering Certain Coated Paper 

Suitable for High-Quality Print Graphics 

Using Sheet-Fed Presses from the 

People’s Republic of China and 

Indonesia. 

Period of Investigations 

In accordance with 19 CFR 

351.204(b), because these Petitions were 

filed on September 23, 2009, the 

anticipated period of investigation 

(‘‘POI’’) is July 1, 2008, through June 30, 

2009, for Indonesia, and January 1, 

2009, through June 30, 2009, for the 

PRC. 

Allegations of Sales at Less Than Fair 

Value 

The following is a description of the 

allegations of sales at less than fair value 

upon which the Department has based 

its decision to initiate investigations 

with respect to Indonesia and the PRC. 

The sources of, and adjustments to, the 

data relating to export price (‘‘EP’’) and 

NV are discussed in greater detail in the 

Indonesia Initiation Checklist and the 

PRC Initiation Checklist. 

Indonesia 

Export Price 

Petitioners calculated EPs using two 

sources: (1) The average unit customs 

values (‘‘AUVs’’) derived from import 

data collected by the U.S. Census 

Bureau; and (2) a price quote from 

Indonesian producers for the sale of 

subject merchandise to U.S. customers. 

They adjusted the price quote for 

international freight and insurance 

(‘‘CIF’’) charges, U.S. inland freight 

charges, and brokerage and handling 

expenses. Petitioners used import data 

for the POI to calculate an average CIF 

cost, and relied upon a price quote 

obtained from a freight company to 

calculate U.S. freight charges. 

Petitioners based U.S. brokerage and 

handling charges on data contained in 

the public questionnaire response of the 

Indonesian respondents in the 2005– 

2006 Investigation of Coated Free Sheet 

Paper from Indonesia. See Indonesia 

Initiation Checklist. 

Normal Value 

Petitioners claimed that Indonesia has 

a viable market for certain coated paper, 

based on information from the website 

of the parent company of two 

Indonesian producers/exporters of the 

subject merchandise. Petitioners 

obtained, through a market researcher, 

delivered price quotes for certain coated 

paper products to Indonesian 

customers, and adjusted these prices for 

VAT tax, distributor’s markup, and 

freight costs. Petitioners obtained 

information on Indonesian VAT taxes 

and the distributor’s markup from the 

market research report. They based 

estimated freight costs on data 

contained in the public questionnaire 

response of the Indonesian respondents 

in the 2005–2006 Investigation of 

Coated Free Sheet Paper from Indonesia. 

See Indonesia Initiation Checklist. 

Sales-Below-Cost Allegation 

Petitioners provided information 

demonstrating reasonable grounds to 

believe or suspect that sales of certain 

coated paper products in the Indonesian 

market were made at prices below the 

fully-absorbed cost of production 

(‘‘COP’’), within the meaning of section 

773(b) of the Act, and requested that the 

Department conduct a country-wide 

sales-below-cost investigation. The 

Statement of Administrative Action 

(‘‘SAA’’), submitted to the Congress in 

connection with the interpretation and 

application of the Uruguay Round 

Agreements Act, states that an allegation 

of sales below COP need not be specific 

to individual exporters or producers. 

See SAA, H.R. Doc. No. 103–316 at 833 


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1See Memorandum from the Office of Policy to 

David M. Spooner, Assistant Secretary for Import 

Administration, regarding The People’s Republic of 

China Status as a Non-Market Economy, dated May 

15, 2006. This document is available online at 

http://ia.ita.doc.gov/download/prc-nme-status/prcnme-status-memo.pdf. 

2See Certain Circular Welded Carbon Quality 

Steel Line Pipe from the People’s Republic of China: 

Final Determination of Sales at Less Than Fair 

Value, 74 FR 14514 (March 31, 2009); Frontseating 

Service Valves from the People’s Republic of China: 

Final Determination of Sales at Less Than Fair 

Value and Final Negative Determination of Critical 

Circumstances, 74 FR 10886 (March 13, 2009); 1- 

Hydroxyethylidene-1, 1-Diphosphonic Acid From 

the People’s Republic of China: Final Determination 

of Sales at Less Than Fair Value, 74 FR 10545 

(March 11, 2009). 

(1994). The SAA, at 833, states that 

‘‘Commerce will consider allegations of 

below-cost sales in the aggregate for a 

foreign country, just as Commerce 

currently considers allegations of sales 

at less than fair value on a country-wide 

basis for purposes of initiating an 

antidumping investigation.’’ 

Further, the SAA provides that 

section 773(b)(2)(A) of the Act retains 

the requirement that the Department 

have ‘‘reasonable grounds to believe or 

suspect’’ that below-cost sales have 

occurred before initiating such an 

investigation. Reasonable grounds exist 

when an interested party provides 

specific factual information on costs and 

prices, observed or constructed, 

indicating that sales in the foreign 

market in question are at below-cost 

prices. Id. 

Cost of Production 

Pursuant to section 773(b)(3) of the 

Act, COP consists of the cost of 

manufacturing (‘‘COM’’); selling, general 

and administrative (‘‘SG&A’’) expenses; 

financial expenses; and packing 

expenses. Petitioners calculated the 

quantity of each of the inputs into COM 

(except factory overhead) and packing 

based on the production experience of 

a U.S. coated paper producer during the 

POI, multiplied by the value of inputs 

used to manufacture coated paper in 

Indonesia using publicly available data. 

Petitioners stated that to the best of their 

knowledge that the coated paper 

manufacturing processes in Indonesia 

are very similar to their own 

manufacturing processes, and therefore 

it is reasonable to estimate the 

Indonesian producers’ usage rates based 

on the usage rates experienced by a U.S. 

coated paper producer. To value all raw 

materials, packing materials, and certain 

energy inputs (coal and woodwaste), 

Petitioners used Indonesian import 

statistics for the most recent twelvemonth period available. To value labor, 

Petitioners relied on a monthly wage 

rate for the Indonesian paper industry as 

reported by the International Labor 

Organization. To value electricity, fuel 

oil, and natural gas, Petitioners used 

prices published by the International 

Energy Agency and the U.S. Embassy in 

Jakarta, Indonesia. To calculate the 

average factory overhead (exclusive of 

labor and energy), SG&A, and financial 

expense rates, Petitioners relied on the 

fiscal year 2008 financial statements of 

an Indonesian producer of packaging 

paper, products in the same general 

category of merchandise as certain 

coated paper. See Indonesia Initiation 

Checklist for further discussion. 

Based upon a comparison of the 

prices of the foreign like product in the 

home market to the calculated COP of 

the product, we find reasonable grounds 

to believe or suspect that sales of the 

foreign like product were made below 

the COP, within the meaning of section 

773(b)(2)(A)(i) of the Act. Accordingly, 

the Department is initiating a countrywide cost investigation. 

Normal Value Based on Constructed 

Value 

Because it alleged sales below cost, 

pursuant to sections 773(a)(4), 773(b) 

and 773(e) of the Act, Petitioners 

calculated NV based on constructed 

value (‘‘CV’’). Petitioners calculated CV 

using the same average COM, SG&A, 

financial and packing figures used to 

compute the COP. See Indonesian 

Initiation Checklist. 

PRC 

Export Price 

Petitioners calculated EPs for certain 

coated paper based on actual sales and 

sales confirmations in 2009. Petitioners 

made adjustments to EPs for certain 

movement expenses. See PRC Initiation 

Checklist. 

Normal Value 

Petitioners state that in every previous 

administrative review and less-than-fair 

value investigation involving 

merchandise from the PRC, the 

Department has concluded that the PRC 

is a non-market economy country 

(‘‘NME’’) and, as the Department has not 

revoked this determination, its NME 

status remains in effect today. See Id. 

The Department has previously 

examined the PRC’s market status and 

determined that NME status should 

continue for the PRC.1 In addition, in 

recent investigations, the Department 

has continued to determine that the PRC 

is an NME country.2

In accordance with section 

771(18)(C)(i) of the Act, the 

presumption of NME status remains in 

effect until revoked by the Department. 

The presumption of NME status for the 

PRC has not been revoked by the 

Department and, therefore, remains in 

effect for purposes of the initiation of 

this investigation. Accordingly, the NV 

of the product is appropriately based on 

factors of production valued in a 

surrogate market economy country, in 

accordance with section 773(c) of the 

Act. In the course of this investigation, 

all parties will have the opportunity to 

provide relevant information related to 

the issues of the PRC’s NME status and 

the granting of separate rates to 

individual exporters. 

Petitioners argue that India is the 

appropriate surrogate country for the 

PRC because it is at a comparable level 

of economic development and it is a 

significant producer of comparable 

merchandise. Petitioners state that the 

Department has determined in previous 

investigations and administrative 

reviews that India is at a level of 

development comparable to the PRC. 

Petitioners identified three producers of 

comparable merchandise in India, 

Seshasayee Paper and Boards, Ltd. 

(‘‘Seshasayee’’), JK Paper, Ltd. (‘‘JK 

Paper’’), and Rama Newsprint and 

Papers Ltd., (‘‘Rama Paper’’), and assert 

that the Department has used 

Seshasayee and JK Paper as surrogate 

producers in the investigation of coated 

free sheet from the PRC. See id. and see 

Final Determination of Sales at Less 

Than Fair Value: Coated Free Sheet 

Paper from the People’s Republic of 

China, 72 FR 60632 (October 25, 2007) 

(‘‘CFS from the PRC’’). 

Based on the information provided by 

Petitioners, the Department believes that 

the use of India as a surrogate country 

is appropriate for purposes of initiation. 

See PRC Initiation Checklist. However, 

after initiation of the investigation, 

interested parties will have the 

opportunity to submit comments 

regarding surrogate country selection 

and, pursuant to 19 CFR 

351.301(c)(3)(i), will be provided an 

opportunity to submit publicly available 

information to value factors of 

production up to 40 days after the date 

of publication of the preliminary 

determination. 

Petitioners provided dumping margin 

calculations using the Department’s 

NME methodology as required by 19 

CFR 351.202(b)(7)(i)(C) and 19 CFR 

351.408. Petitioners calculated NVs for 

several certain coated paper products 

based on both integrated production 

operations and non-integrated 

production operations. See id. 

Petitioners valued the factors of 

production using reasonably available, 

public surrogate country data, including 

India import data from the Monthly 

Statistics of the Foreign Trade of India 


cprice-sewell on DSKGBLS3C1PROD with NOTICES
53714 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 

3See Circular Welded Austenitic Stainless 

Pressure Pipe from the People’s Republic of China: 

Initiation of Antidumping Duty Investigation, 73 FR 

10221, 10225 (February 26, 2008); and Initiation of 

Antidumping Duty Investigation: Certain Artist 

Canvas From the People’s Republic of China, 70 FR 

21996, 21999 (April 28, 2005). 

for the period September 2008 through 

February 2009. See PRC Initiation 

Checklist. 

Petitioners stated that they valued 

certain chemicals using the general 

paper finishing agent classification 

because these chemicals could not be 

identified at a more specific level. See 

id. Further, Petitioners valued calcium 

carbonate using the HTS classification 

for marble based on the Department’s 

similar determination in CFS from the 

PRC. See PRC Initiation Checklist. 

Petitioners valued electricity based on 

the surrogate value used in Tapered 

Roller Bearings and Parts Thereof, 

Finished or Unfinished, from the 

People’s Republic of China: Preliminary 

Results of the 2007–2008 Administrative 

Review of the Antidumping Duty Order, 

74 FR 32539 (July 8, 2009). See PRC 

Initiation Checklist. For natural gas, 

Petitioners used Indian import statistics 

for liquefied natural gas and converted 

the value from rupees per kilogram to 

rupees per million British thermal units 

(‘‘MMBTU’’). See id. For fuel oil, 

Petitioners used Indian import statistics 

and converted the value from rupees per 

ton to rupees per MMBTU. See id. For 

coal, Petitioners used Indian import 

data under the HTS number for steam 

coal. See id. 

Petitioners valued labor using the 

wage rate data published on the 

Department’s Web site, at http:// 

ia.ita.doc.gov/wages/05wages/05wages051608.html. See id. 

Where Petitioners were unable to find 

input prices contemporaneous with the 

POI, they adjusted for inflation using 

the wholesale price index for India, as 

published in International Financial 

Statistics by the International Monetary 

Fund. Further, Petitioners used 

exchange rates, as provided on the 

Department’s Web site, to convert 

Indian rupees to U.S. dollars. See id. 

To calculate factory overhead, selling, 

general and administrative expenses, 

and profit for integrated producers, 

Petitioners relied on the financial 

statements of Seshasayee and JK Paper, 

Indian producers of comparable 

merchandise. For non-integrated 

producer financial ratios, Petitioners 

used the financial statements of Rama 

Paper, a producer of comparable 

merchandise. See id. 

Fair-Value Comparisons 

Based on the data provided by 

Petitioners, there is reason to believe 

that imports of certain coated paper 

from Indonesia and the PRC are being, 

or are likely to be, sold in the United 

States at less than fair value. Based on 

the comparisons of EP to CV, as 

discussed above, the estimated dumping 

margins for Indonesia range from 33 

percent to 41 percent. Based on the 

comparisons of EP to NV, as discussed 

above, the estimated dumping margins 

for the PRC range from 25.7 percent to 

135.8 percent. See id. 

Initiation of Antidumping Investigations 

Based upon the examination of the 

Petitions on certain coated paper from 

Indonesia and the PRC and other 

information reasonably available to the 

Department, the Department finds that 

these Petitions meet the requirements of 

section 732 of the Act. Therefore, we are 

initiating antidumping duty 

investigations to determine whether 

imports of certain coated paper from 

Indonesia and the PRC are being, or are 

likely to be, sold in the United States at 

less than fair value. In accordance with 

section 733(b)(1)(A) of the Act, unless 

postponed, we will make our 

preliminary determinations no later 

than 140 days after the date of this 

initiation. 

Targeted-Dumping Allegations 

On December 10, 2008, the 

Department issued an interim final rule 

for the purpose of withdrawing 19 CFR 

351.414(f) and (g), the regulatory 

provisions governing the targeteddumping analysis in antidumping duty 

investigations, and the corresponding 

regulation governing the deadline for 

targeted-dumping allegations, 19 CFR 

351.301(d)(5). See Withdrawal of the 

Regulatory Provisions Governing 

Targeted Dumping in Antidumping 

Duty Investigations, 73 FR 74930 

(December 10, 2008). The Department 

stated that ‘‘{w}ithdrawal will allow the 

Department to exercise the discretion 

intended by the statute and, thereby, 

develop a practice that will allow 

interested parties to pursue all statutory 

avenues of relief in this area.’’ See id. at 

74931. 

In order to accomplish this objective, 

if any interested party wishes to make 

a targeted-dumping allegation in any of 

these investigations pursuant to section 

777A(d)(1)(B) of the Act, such 

allegations are due no later than 45 days 

before the scheduled date of the 

country-specific preliminary 

determination. 

Respondent Selection 

Indonesia 

The petition identifies two 

subsidiaries of the Asia Pulp & Paper/ 

Sinar Mas Group, PT. Pabrik Kertas 

Tjiwi Kimia Tbk. (‘‘Tjiwi Kimia’’) and 

PT Pindo Deli Pulp and Paper (‘‘Pindo 

Deli’’), as significant producers/ 

exporters of certain coated paper in 

Indonesia. We have placed on the 

record import data from U.S. Customs 

and Border Protection (‘‘CBP’’), which 

supports Petitioners’ contention. 

Therefore, we are selecting Tjiwi Kimia 

and Pindo Deli as mandatory 

respondents in this investigation, 

pursuant to section 777A(c)(2)(B) of the 

Act. 

We will release the CBP data under 

APO to the parties covered by APO on 

the day this initiation is announced. We 

will consider comments from interested 

parties on respondent selection. Parties 

wishing to comment must do so within 

five days of the publication of this 

notice in the Federal Register. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Instructions for filing such applications 

may be found on the Department’s Web 

site at http://ia.ita.doc.gov/apo. 

PRC 

For the PRC, the Department will 

request quantity and value information 

from all known exporters and producers 

identified, with complete contact 

information, in the Petition. The 

quantity and value data received from 

NME exporters/producers will be used 

as the basis to select the mandatory 

respondents. 

The Department requires that the 

respondents submit a response to both 

the quantity and value questionnaire 

and the separate-rate application by the 

respective deadlines in order to receive 

consideration for separate-rate status.3

Appendix II of this notice contains the 

quantity and value questionnaire that 

must be submitted by all NME 

exporters/producers no later than 

November 3, 2009. In addition, the 

Department will post the quantity and 

value questionnaire along with the filing 

instructions on the Import 

Administration Web site, at http:// 

ia.ita.doc.gov/ia-highlights-andnews.html. The Department will send 

the quantity and value questionnaire to 

those PRC companies identified in the 

General Issues and Injury Supplement 

to the Petitions, dated October 2, 2009, 

at Exhibit 8. 

Separate Rates 

In order to obtain separate-rate status 

in NME investigations, exporters and 

producers must submit a separate-rate 

status application. See Certain Circular 


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Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 53715 

4 ‘‘ ‘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.’ ’’ 

5One 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. 

Welded Carbon Quality Steel Line Pipe 

from the Republic of Korea and the 

People’s Republic of China: Initiation of 

Antidumping Duty Investigations, 73 FR 

23188, 23193 (April 29, 2008) (Certain 

Circular Welded Carbon Quality Steel 

Line Pipe from the PRC). The specific 

requirements for submitting the 

separate-rate application in this 

investigation are outlined in detail in 

the application itself, available on the 

Department’s Web site at http:// 

ia.ita.doc.gov/ia-highlights-andnews.html on the date of publication of 

this initiation notice in the Federal 

Register. The separate-rate application 

will be due sixty (60) days from the date 

of publication of this initiation notice in 

the Federal Register. For exporters and 

producers who submit a separate-rate 

status application and subsequently are 

selected as mandatory respondents, 

these exporters and producers will no 

longer be eligible for consideration for 

separate rate status unless they respond 

to all parts of the questionnaire as 

mandatory respondents. 

Use of Combination Rates in an NME 

Investigation 

The Department will calculate 

combination rates for certain 

respondents that are eligible for a 

separate rate in this investigation. The 

Separate Rates and Combination Rates 

Bulletin states: 

{w}hile continuing the practice of assigning 

separate rates only to exporters, all separate 

rates that the Department will now assign in 

its NME investigations will be specific to 

those producers that supplied the exporter 

during the period of investigation. Note, 

however, that one rate is calculated for the 

exporter and all of the producers which 

supplied subject merchandise to it during the 

period of investigation. This practice applies 

both to mandatory respondents receiving an 

individually calculated separate rate as well 

as the pool of non-investigated firms 

receiving the weighted-average of the 

individually calculated rates. This practice is 

referred to as the application of combination 

rates because such rates apply to specific 

combinations of exporters and one or more 

producers. The cash-deposit rate assigned to 

an exporter will apply only to merchandise 

both exported by the firm in question and 

produced by a firm that supplied the exporter 

during the period of investigation. 

See Separate Rates and Combination 

Rates Bulletin at 6 (emphasis added). 

Distribution of Copies of the Petitions 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petitions and amendments 

thereto, have been provided to the 

representatives of the Governments of 

Indonesia and the PRC. To the extent 

practicable, we will attempt to provide 

a copy of the public version of the of the 

Petitions to each exporter named in the 

petition, as provided under 19 CFR 

351.203(c)(2). 

International Trade Commission (ITC) 

Notification 

We have notified the ITC of our 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

no later than November 9, 2009, 

whether there is a reasonable indication 

that imports of certain coated paper 

from Indonesia and the PRC materially 

injure, or threaten material injury to, a 

U.S. industry. A negative ITC 

determination with respect to any 

country would result in the termination 

of the investigation with respect to that 

country. Otherwise, these investigations 

will proceed according to statutory and 

regulatory time limits. 

This notice is issued and published 

pursuant to section 777(i) of the Act. 

Dated: October 13, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I—Scope of the 

Investigations 

The merchandise covered by each of these 

investigations includes certain coated paper 

and paperboard 4 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 5; 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 surfacecolored, surface-decorated, 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 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. While HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of the investigations is dispositive. 

Appendix II 

Where it is not practicable to examine all 

known exporters/producers of subject 

merchandise, section 777A(c)(2) of the Tariff 

Act of 1930, as amended, permits us to 

investigate (1) a sample of exporters, 

producers, or types of products that is 

statistically valid based on the information 

available at the time of selection, or (2) 

exporters and producers accounting for the 

largest volume and value of the subject 

merchandise that can reasonably be 

examined. 

In the chart below, please provide the total 

quantity and total value of all your sales of 

merchandise covered by the scope of this 

investigation (see ‘‘Scope of Investigation’’ 

section of this notice), produced in the PRC, 

and exported/shipped to the United States 

during the period January 1, 2009, through 

June 30, 2009. 

Market Total quantity 

in metric tons Terms of sale Total value 

United States 

1. Export Price Sales ................................................................................................................... ........................ ........................ ........................

2. a. Exporter Name .................................................................................................................... ........................ ........................ ........................


cprice-sewell on DSKGBLS3C1PROD with NOTICES
53716 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 

Market Total quantity 

in metric tons Terms of sale Total value 

b. Address .................................................................................................................................... ........................ ........................ ........................

c. Contact ..................................................................................................................................... ........................ ........................ ........................

d. Phone No. ................................................................................................................................ ........................ ........................ ........................

e. Fax No. .................................................................................................................................... ........................ ........................ ........................

3. Constructed Export Price Sales .............................................................................................. ........................ ........................ ........................

4. Further Manufactured .............................................................................................................. ........................ ........................ ........................

Total Sales ............................................................................................................................ ........................ ........................ ........................

Total Quantity: 

• Please report quantity on a metric ton 

basis. If any conversions were used, please 

provide the conversion formula and source. 

Terms of Sales: 

• Please report all sales on the same terms 

(e.g., free on board at port of export). 

Total Value: 

• All sales values should be reported in 

U.S. dollars. Please indicate any exchange 

rates used and their respective dates and 

sources. 

Export Price Sales: 

• Generally, a U.S. sale is classified as an 

export price sale when the first sale to an 

unaffiliated customer occurs before 

importation into the United States. 

• Please include any sales exported by 

your company directly to the United States. 

• Please include any sales exported by 

your company to a third-country market 

economy reseller where you had knowledge 

that the merchandise was destined to be 

resold to the United States. 

• If you are a producer of subject 

merchandise, please include any sales 

manufactured by your company that were 

subsequently exported by an affiliated 

exporter to the United States. 

• Please do not include any sales of subject 

merchandise manufactured in Hong Kong in 

your figures. 

Constructed Export Price Sales: 

• Generally, a U.S. sale is classified as a 

constructed export price sale when the first 

sale to an unaffiliated customer occurs after 

importation. However, if the first sale to the 

unaffiliated customer is made by a person in 

the United States affiliated with the foreign 

exporter, constructed export price applies 

even if the sale occurs prior to importation. 

• Please include any sales exported by 

your company directly to the United States; 

• Please include any sales exported by 

your company to a third-country market 

economy reseller where you had knowledge 

that the merchandise was destined to be 

resold to the United States. 

• If you are a producer of subject 

merchandise, please include any sales 

manufactured by your company that were 

subsequently exported by an affiliated 

exporter to the United States. 

• Please do not include any sales of subject 

merchandise manufactured in Hong Kong in 

your figures. 

Further Manufactured: 

• Sales of further manufactured or 

assembled (including re-packaged) 

merchandise is merchandise that undergoes 

further manufacture or assembly in the 

United States before being sold to the first 

unaffiliated customer. 

• Further manufacture or assembly costs 

include amounts incurred for direct 

materials, labor and overhead, plus amounts 

for general and administrative expense, 

interest expense, and additional packing 

expense incurred in the country of further 

manufacture, as well as all costs involved in 

moving the product from the U.S. port of 

entry to the further manufacturer. 

[FR Doc. E9–25213 Filed 10–19–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Transportation and Related 

Equipment; Technical Advisory 

Committee; Notice of Open Meeting 

The Transportation and Related 

Equipment Technical Advisory 

Committee (TRANSTAC) will meet on 

November 5, 2009, 9:30 a.m., in the 

Herbert C. Hoover Building, Room 

6087B, 14th Street between 

Pennsylvania & Constitution Avenues, 

NW., Washington, DC. The Committee 

advises the Office of the Assistant 

Secretary for Export Administration 

with respect to technical questions that 

affect the level of export controls 

applicable to transportation and related 

equipment or technology. 

Agenda: 

1. Welcome and Introductions. 

2. Review Status of Working Groups. 

3. Proposals from the Public. 

4. Closing Comments. 

The open session will be accessible 

via teleconference to 20 participants on 

a first come, first serve basis. To join the 

conference, submit inquiries to Ms. 

Yvette Springer at 

Yspringer@bis.doc.gov no later than 

October 29, 2009. 

The meeting will be open to the 

public and a limited number of seats 

will be available. Reservations are not 

accepted. To the extent time permits, 

members of the public may present oral 

statements to the Committee. Written 

statements may be submitted at any 

time before or after the meeting. 

However, to facilitate distribution of 

public presentation materials to 

Committee members, the Committee 

suggests that presenters forward the 

public presentation materials to Yvette 

Springer. 

For more information contact Ms. 

Springer on (202) 482–2813. 

Dated: October 15, 2009. 

Yvette Springer, 

Committee Liaison Officer. 

[FR Doc. E9–25191 Filed 10–19–09; 8:45 am] 

BILLING CODE 3510–JT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XS47 

Pacific Fishery Management Council; 

Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The Pacific Fishery 

Management Council’s (Council) Ad 

Hoc Salmon Amendment Committee 

(SAC) will hold a meeting to develop 

draft alternatives and plan analyses for 

an amendment to the Pacific Coast 

Salmon Fishery Management Plan 

(FMP) to address the Magnuson-Stevens 

Act (MSA) requirements for annual 

catch limits (ACL) and accountability 

measures (AM). This meeting of the 

SAC is open to the public. 

DATES: The meeting will be held 

Thursday, November 5, 2009, from 8:30 

a.m. to 4:30 p.m. 

ADDRESSES: The meeting will be held at 

the Pacific Council Office, Large 

Conference Room, 7700 NE., 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384; telephone: (503) 820– 

2280. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Chuck Tracy, Salmon Management Staff 

Officer, Pacific Council; telephone: 

(503) 820–2280. 

SUPPLEMENTARY INFORMATION: The 

reauthorized MSA established new 

requirements to end and prevent 


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