Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41599 

1See Letter from the petitioner ‘‘Certain Uncoated 

Groundwood Paper from Canada—Petitions for the 

Imposition of Antidumping and Countervailing 

Duties,’’ dated August 9, 2017 (the Petition). 

2See Volume I of the Petition, at 1. 

3See Letter to the petitioner from the Department, 

‘‘Petitions for the Imposition of Antidumping and 

Countervailing Duties on Imports of Certain 

Uncoated Groundwood Paper from Canada: 

Supplemental Questions,’’ dated August 11, 2017 

(General Issues Supplemental Questionnaire); see 

also Letter from the Department, ‘‘Petition for the 

Imposition of Antidumping Duties on Imports of 

Certain Uncoated Groundwood Paper from Canada: 

Supplemental Questions,’’ dated August 11, 2017 

(AD Supplemental Questionnaire). 

4See ‘‘Certain Uncoated Groundwood Paper from 

Canada/Responses to Supplemental Questions on 

the Injury Volume of the Petition,’’ dated August 

15, 2017 (General Issues Supplemental Response); 

see also ‘‘Certain Uncoated Groundwood Paper 

from Canada/Petitioner’s Responses to 

Supplemental Questions on the Antidumping Duty 

Volume of the Petition,’’ dated August 15, 2017 (AD 

Supplemental Response). 

5See Memorandum, ‘‘Phone Call with Counsel to 

the Petitioner,’’ dated August 17, 2017 (Scope 

Phone Call). 

6See Letter to the Secretary of Commerce from 

the petitioner, ‘‘Certain Uncoated Groundwood 

Paper from Canada/Further revisions to the Scope 

Language,’’ dated August 21, 2017 (Scope Revision 

Letter). 

7See the ‘‘Determination of Industry Support for 

the Petition’’ section, below. 

8See General Issues Supplemental Questionnaire; 

see also General Issues Supplemental Response, 

Scope Phone Call, and Scope Revision Letter. 

9See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

10See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

11See 19 CFR 351.303(b). 

is hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

We are issuing and publishing these 

results and notice in accordance with 

sections 751(c), 752(c), and 777(i)(1) of 

the Act, 19 CFR 351.218, and 19 CFR 

351.221(c)(5)(ii). 

Dated: August 28, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. History of the Order 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of Dumping 

2. Magnitude of the Margins Likely to 

Prevail 

VII. Final Results of Sunset Review 

VIII. Recommendation 

[FR Doc. 2017–18587 Filed 8–31–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–122–861] 

Certain Uncoated Groundwood Paper 

From Canada: Initiation of Less-ThanFair-Value Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable September 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Maria Tatarska at (202) 482–1562, AD/ 

CVD Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On August 9, 2017, the U.S. 

Department of Commerce (the 

Department) received an antidumping 

duty (AD) Petition concerning imports 

of certain uncoated groundwood paper 

(UGW paper) from Canada, filed in 

proper form on behalf of North Pacific 

Paper Company (NORPAC, the 

petitioner).1 The AD Petition was 

accompanied by a countervailing duty 

(CVD) Petition concerning imports of 

UGW paper from Canada. The petitioner 

is a domestic producer of UGW paper.2

On August 11, 2017, the Department 

requested supplemental information 

pertaining to certain areas of the 

Petition.3 The petitioner filed responses 

to these requests on August 15, 2017.4

On August 17, 2017, the Department 

contacted the petitioner regarding the 

proposed scope of the investigations.5

The petitioner filed revised scope 

language on August 21, 2017.6 As 

discussed below, on August 10, 2017, 

the Department issued polling 

questionnaires to all known U.S. 

producers of UGW paper. The 

Department received responses from all 

recipients of the polling questionnaires. 

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioner alleges that imports 

of UGW paper from Canada are being, 

or are likely to be, sold in the United 

States at less than fair value (LTFV) 

within the meaning of section 731 of the 

Act, and that such imports are 

materially injuring, or threatening 

material injury to, the domestic industry 

producing UGW paper in the United 

States. Also, consistent with section 

732(b)(1) of the Act, the Petition is 

accompanied by information reasonably 

available to the petitioner supporting its 

allegations. 

The Department finds that the 

petitioner filed this Petition on behalf of 

the domestic industry because the 

petitioner is an interested party as 

defined in section 771(9)(C) of the Act. 

The Department also finds that the 

petitioner demonstrated sufficient 

industry support with respect to the 

initiation of the AD investigation that 

the petitioner is requesting.7

Period of Investigation 

Because the Petition was filed on 

August 9, 2017, the period of 

investigation (POI) for this investigation 

is July 1, 2016, through June 30, 2017. 

Scope of the Investigation 

The product covered by this 

investigation is UGW paper from 

Canada. For a full description of the 

scope of this investigation, see the 

‘‘Scope of the Investigation,’’ in the 

Appendix to this notice. 

Comments on Scope of the Investigation 

During our review of the Petition, the 

Department issued questions to, and 

received responses from, the petitioner 

pertaining to the proposed scope to 

ensure that the scope language in the 

Petition would be an accurate reflection 

of the products for which the domestic 

industry is seeking relief.8

As discussed in the preamble to the 

Department’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(scope).9 The Department will consider 

all comments received from interested 

parties and, if necessary, will consult 

with interested parties prior to the 

issuance of the preliminary 

determinations. If scope comments 

include factual information,10 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, the 

Department requests all interested 

parties to submit such comments by 

5:00 p.m. Eastern Time (ET) on Monday, 

September 18, 2017, which is 20 

calendar days from the signature date of 

this notice. Any rebuttal comments, 

which may include factual information, 

must be filed by 5:00 p.m. ET on 

Thursday, September 28, 2017, which is 

10 calendar days from the initial 

comments deadline.11

The Department requests that any 

factual information the parties consider 

relevant to the scope of the investigation 

be submitted during this time period. 


sradovich on DSK3GMQ082PROD with NOTICES
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12See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of the Department’s electronic filing requirements, 

which went into effect on August 5, 2011. 

Information on help using ACCESS can be found at 

https://access.trade.gov/help.aspx and a handbook 

can be found at https://access.trade.gov/help/ 

Handbook%20on%20Electronic%20Filling%20

Procedures.pdf. 

13See section 771(10) of the Act. 

14See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

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

15For a discussion of the domestic like product 

analysis as applied to this case, see Antidumping 

Duty Investigation Initiation Checklist: Certain 

Uncoated Groundwood Paper from Canada (AD 

Initiation Checklist), at Attachment II, Analysis of 

Industry Support for the Petitions Covering Certain 

Uncoated Groundwood Paper from Canada 

(Attachment II). This checklist is dated 

concurrently with this notice and on file 

electronically via ACCESS. Access to documents 

filed via ACCESS is also available in the Central 

Records Unit (CRU), Room B8024 of the main 

Department of Commerce building. 

16 Id. 

However, if a party subsequently finds 

that additional factual information 

pertaining to the scope of the 

investigation may be relevant, the party 

may contact the Department and request 

permission to submit the additional 

information. All such comments must 

be filed on the records of the concurrent 

AD and CVD investigations. 

Filing Requirements 

All submissions to the Department 

must be filed electronically using 

Enforcement and Compliance’s 

Antidumping Duty and Countervailing 

Duty Centralized Electronic Service 

System (ACCESS).12 An electronically 

filed document must be received 

successfully in its entirety by the time 

and date it is due. Documents exempted 

from the electronic submission 

requirements must be filed manually 

(i.e., in paper form) with Enforcement 

and Compliance’s APO/Dockets Unit, 

Room 18022, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230, and 

stamped with the date and time of 

receipt by the applicable deadlines. 

Comments on Product Characteristics 

for AD Questionnaires 

The Department will provide 

interested parties an opportunity to 

comment on the appropriate physical 

characteristics of UGW paper to be 

reported in response to the 

Department’s AD questionnaire. This 

information will be used to identify the 

key physical characteristics of the 

merchandise under consideration in 

order to report the relevant costs of 

production accurately as well as to 

develop appropriate productcomparison criteria. 

Interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate list of physical characteristics. 

Specifically, they may provide 

comments as to which characteristics 

are appropriate to use as: (1) General 

product characteristics and (2) productcomparison criteria. We note that it is 

not always appropriate to use all 

product characteristics as productcomparison criteria. We base productcomparison criteria on meaningful 

commercial differences among products. 

In other words, although there may be 

some physical product characteristics 

utilized by manufacturers to describe 

UGW 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 

matching products. 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 AD questionnaires, all 

product characteristics comments must 

be filed by 5:00 p.m. ET on September 

18, 2017. Any rebuttal comments must 

be filed by 5:00 p.m. ET on September 

28, 2017. All comments and 

submissions to the Department must be 

filed electronically using ACCESS, as 

explained above, on the record of this 

LTFV investigation. 

Determination of Industry Support for 

the Petition 

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 to poll the 

‘‘industry.’’ 

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,13 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.14

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, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigation. Based on our analysis of 

the information submitted on the 

record, we have determined that UGW 

paper, as defined in the scope, 

constitutes a single domestic like 

product and we have analyzed industry 

support in terms of that domestic like 

product.15

Based on information provided in the 

Petition, the share of total estimated 

U.S. production of the domestic like 

product in calendar year 2016 

represented by the petitioner did not 

account for more than 50 percent of the 

total production of the domestic like 

product. Therefore, in accordance with 

section 732(c)(4)(D) of the Act, we 

polled the industry.16

On August 10, 2017, we issued 

polling questionnaires to all known 


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17See Volume I of the Petition, at Exhibit I–5; see 

also Memorandum, ‘‘Certain Uncoated 

Groundwood Paper from Canada: Polling 

Questionnaire,’’ dated August 14, 2017. 

18For a detailed discussion of the responses 

received, see AD Initiation Checklist, at Attachment 

II. The polling questionnaire and questionnaire 

responses are on file electronically via ACCESS and 

can also be accessed through the CRU. 

19See Memorandum, ‘‘Countervailing Duty 

Petition on Certain Uncoated Groundwood Paper 

from Canada: GOC Consultations,’’ dated August 

24, 2017; and letter from the GOC re: ‘‘Uncoated 

Groundwood Paper from Canada: Submission of 

Consultations Paper,’’ dated August 25, 2017. For 

a discussion of the GOC’s comments, see the AD 

Initiation Checklist, at Attachment II. 

20See AD Initiation Checklist, at Attachment II. 

21 Id. 

22 Id. 

23See Volume I of the Petition, at 19 and Exhibit 

I–12. 

24 Id., at 17–28, Exhibit I–3, Exhibit I–6, and 

Exhibits I–11 through I–17. 

25See AD Initiation Checklist, at Attachment III, 

Analysis of Allegations and Evidence of Material 

Injury and Causation for the Antidumping and 

Countervailing Duty Petitions Covering Certain 

Uncoated Groundwood Paper from Canada. 

26See Volume III of the Petition at Exhibits III– 

7 and III–8; and AD Initiation Checklist. 

27See AD Initiation Checklist. 

28 Id. 

29 Id. 

30 Id. 

producers of UGW paper identified in 

the Petition.17 We requested that each 

company complete the polling 

questionnaire and certify its response by 

the due date specified in the cover letter 

to the questionnaire.18 On August 23, 

2017, in consultations with the 

Department held with respect to the 

companion CVD petition on imports of 

UGW paper from Canada, the 

Government of Canada (GOC) provided 

comments on industry support.19

Section 732(c)(4)(B) of the Act states 

that (i) the Department ‘‘shall disregard 

the position of domestic producers who 

oppose the petition if such producers 

are related to foreign producers, as 

defined in section 771(4)(B)(ii), unless 

such domestic producers demonstrate 

that their interests as domestic 

producers would be adversely affected 

by the imposition of an antidumping 

duty order;’’ and (ii) the Department 

‘‘may disregard the position of domestic 

producers of a domestic like product 

who are importers of the subject 

merchandise.’’ In addition, 19 CFR 

351.203(e)(4) states that the position of 

a domestic producer that opposes the 

petition (i) will be disregarded if such 

producer is related to a foreign producer 

or to a foreign exporter under section 

771(4)(B)(ii) of the Act, unless such 

domestic producer demonstrates to the 

Secretary’s satisfaction that its interests 

as a domestic producer would be 

adversely affected by the imposition of 

an antidumping order; and (ii) may be 

disregarded if the producer is an 

importer of the subject merchandise or 

is related to such an importer under 

section 771(4)(B)(ii) of the Act. 

We received objection to the Petition 

from those that produce domestic like 

product and are related to a foreign 

producer of subject merchandise and/or 

who imported subject merchandise from 

Canada. We have analyzed the 

information provided in the polling 

questionnaire responses and 

information provided in other 

submissions to the Department. Based 

on our analysis, we disregarded the 

position in opposition to the petition 

pursuant to section 732(c)(4)(B) of the 

Act. When the position in opposition to 

the petition is disregarded, the industry 

support requirements of section 

732(c)(4)(A) of the Act are satisified.20

The data collected demonstrate that 

the domestic producers of UGW paper 

which support the Petition account for 

at least 25 percent of the total 

production of the domestic like product 

and, once the opposition is disregarded, 

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 Petition.21 Therefore, the 

Department determines that the 

petitioner filed this Petition on behalf of 

the domestic industry in accordance 

with section 732(b)(1) of the Act 

because it is an interested party as 

defined in section 771(9)(C) of the Act 

and it has demonstrated sufficient 

industry support with respect to the AD 

investigation that it is requesting the 

Department initiate.22

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges 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, the petitioner 

alleges that subject imports exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.23

The petitioner contends that the 

industry’s injured condition is 

illustrated by a significant volume of 

subject imports and significant increase 

in the volume of subject imports relative 

to U.S. consumption; reduced market 

share; underselling and price 

suppression or depression; lost sales 

and revenues; adverse effects on 

production, capacity utilization, U.S. 

shipments, and employment; declines 

in financial performance; and capacity 

closures and conversions.24 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.25

Allegation of Sales at Less Than Fair 

Value 

The following is a description of the 

allegation of sales at LTFV upon which 

the Department based its decision to 

initiate the AD investigation of imports 

of UGW paper from Canada. The 

sources of data for the deductions and 

adjustments relating to U.S. price and 

NV are discussed in greater detail in the 

AD Initiation Checklist. 

Export Price 

The petitioner based the U.S. price on 

export price (EP) using pricing 

information related to UGW paper 

produced in, and exported from, 

Canada, and sold or offered for sale in 

the United States. This information was 

obtained from a confidential source.26

Where applicable, the petitioner made 

deductions from U.S. price for 

movement expenses, consistent with the 

terms of sale.27

Normal Value 

Petitioner based NV on pricing 

information relating to UGW paper 

produced in, and sold or offered for sale 

in Canada, that was obtained through 

confidential market research.28 Where 

applicable, the petitioner made 

deductions for movement expenses, 

consistent with the terms of sale.29

Fair Value Comparisons 

Based on the data provided by the 

petitioner, there is reason to believe that 

imports of UGW paper from Canada are 

being, or are likely to be, sold in the 

United States at LTFV. Based on 

comparisons of EP to NV in accordance 

with sections 772 and 773 of the Act, 

the estimated dumping margins for 

UGW paper from Canada covered by 

this initiation range from 23.45 percent 

to 54.97 percent.30

Initiation of Less-Than-Fair-Value 

Investigation 

Based upon the examination of the 

Petition, we find that the Petition meets 

the requirements of section 732 of the 

Act. Therefore, we are initiating an AD 

investigation to determine whether 

imports of UGW paper from Canada are 

being, or are likely to be, sold in the 

United States at LTFV. In accordance 

with section 733(b)(1)(A) of the Act and 

19 CFR 351.205(b)(1), unless postponed, 

we will make our preliminary 


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31See Trade Preferences Extension Act of 2015, 

Pub. L. 114–27, 129 Stat. 362 (2015). 

32See Dates of Application of Amendments to the 

Antidumping and Countervailing Duty Laws Made 

by the Trade Preferences Extension Act of 2015, 80 

FR 46793 (August 6, 2015). 

33 Id. at 46794–95. The 2015 amendments may be 

found at https://www.congress.gov/bill/114thcongress/house-bill/1295/text/pl. 

34See Volume I of the Petition at Exhibit I–9. 

35See section 733(a) of the Act. 

36See 19 CFR 351.301(b). 

37See 19 CFR 351.301(b)(2). 

38See section 782(b) of the Act. 

39See Certification of Factual Information to 

Import Administration during Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also frequently asked 

questions regarding the Final Rule, available at 

http://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

determination no later than 140 days 

after the date of this initiation. 

Under the Trade Preferences 

Extension Act of 2015, numerous 

amendments to the AD and CVD law 

were made.31 The 2015 law does not 

specify dates of application for those 

amendments. On August 6, 2015, the 

Department published an interpretative 

rule, in which it announced the 

applicability dates for each amendment 

to the Act, except for amendments 

contained in section 771(7) of the Act, 

which relate to determinations of 

material injury by the ITC.32 The 

amendments to sections 771(15), 773, 

776, and 782 of the Act are applicable 

to all determinations made on or after 

August 6, 2015, and, therefore, apply to 

this AD investigation.33

Respondent Selection 

The petitioner named eight 

companies in Canada as producers/ 

exporters of UGW paper.34 Following 

standard practice in AD investigations 

involving market economy countries, in 

the event the Department determines 

that the number of companies in Canada 

is large, the Department intends to 

review U.S. Customs and Border 

Protection (CBP) data for U.S. imports of 

UGW paper during the POI under the 

appropriate Harmonized Tariff Schedule 

of the United States subheadings, and if 

it determines that it cannot individually 

examine each company based upon the 

Department’s resources, then the 

Department will select respondents 

based on those data. We intend to 

release the CBP data under 

Administrative Protective Order (APO) 

to all parties with access to information 

protected by APO within five business 

days of the announcement of the 

initiation of this investigation. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on the Department’s Web 

site at http://enforcement.trade.gov/apo. 

Interested parties may submit comments 

regarding the CBP data and respondent 

selection by 5:00 p.m. ET three calendar 

days after publication. The Department 

will not accept rebuttal comments 

regarding the CBP data or respondent 

selection. Comments must be filed 

electronically using ACCESS. An 

electronically-filed document must be 

received successfully, in its entirety, by 

ACCESS no later than 5:00 p.m. ET by 

the dates noted above. We intend to 

make our decision regarding respondent 

selection in this investigation within 20 

days of publication of this notice. 

Distribution of Copies of the Petition 

In accordance with section 

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

351.202(f), copies of the public version 

of the Petition have been provided to 

the GOC via ACCESS. To the extent 

practicable, we will attempt to provide 

a copy of the public version of the 

Petition to each exporter named in the 

Petition, as provided under 19 CFR 

351.203(c)(2). 

ITC Notification 

We will notify the ITC of our 

initiation, as required by section 732(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 

UGW paper from Canada are materially 

injuring or threatening material injury to 

a U.S. industry. A negative ITC 

determination will result in the 

investigation being terminated.35

Otherwise, the investigation will 

proceed according to statutory and 

regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) Evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by the Department; and (v) 

evidence other than factual information 

described in (i)–(iv). 19 CFR 351.301(b) 

requires any party, when submitting 

factual information, to specify under 

which subsection of 19 CFR 

351.102(b)(21) the information is being 

submitted 36 and, if the information is 

submitted to rebut, clarify, or correct 

factual information already on the 

record, to provide an explanation 

identifying the information already on 

the record that the factual information 

seeks to rebut, clarify, or correct.37 Time 

limits for the submission of factual 

information are addressed in 19 CFR 

351.301, which provides specific time 

limits based on the type of factual 

information being submitted. Interested 

parties should review the regulations 

prior to submitting factual information 

in this investigation. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by the 

Secretary. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, we may elect to specify 

a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, we will inform parties in 

the letter or memorandum setting forth 

the deadline (including a specified time) 

by which extension requests must be 

filed to be considered timely. An 

extension request must be made in a 

separate, stand-alone submission; under 

limited circumstances we will grant 

untimely-filed requests for the extension 

of time limits. Parties should review 

Extension of Time Limits; Final Rule, 78 

FR 57790 (September 20, 2013), 

available at http://www.gpo.gov/fdsys/ 

pkg/FR-2013-09-20/html/2013- 

22853.htm, prior to submitting factual 

information in this investigation. 

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.38

Parties are hereby reminded that revised 

certification requirements are in effect 

for company/government officials, as 

well as their representatives. 

Investigations initiated on the basis of 

petitions filed on or after August 16, 

2013, and other segments of any AD or 

CVD proceedings initiated on or after 

August 16, 2013, should use the formats 

for the revised certifications provided at 

the end of the Final Rule.39 The 

Department intends to reject factual 


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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41603 

40Supercalendering imparts a glossy finish 

produced by the movement of the paper web 

through a supercalender which is a stack of 

alternating rollers of metal and cotton (or other 

softer material). The supercalender runs at high 

speed and applies pressure, heat, and friction 

which glazes the surface of the paper, imparting 

gloss to the surface and increasing the paper’s 

smoothness and density. 

1See Letter from the petitioner re: ‘‘Petitions for 

the Imposition of Antidumping and Countervailing 

Duties on Uncoated Groundwood Paper from 

Canada,’’ dated August 9, 2017 (the Petition). 2 Id., Volume I of the Petition, at 1. 3See Department Letter re: Petitions for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Certain Uncoated Groundwood 

Paper from Canada: Supplemental Questions, dated 

August 11, 2017 (General Issues Supplemental 

Questionnaire); see also Department Letter re: 

Petition for the Imposition of Countervailing Duties 

on Imports of Certain Uncoated Groundwood Paper 

from Canada, dated August 14, 2017. 

4See Letter from the petitioner re: Certain 

Uncoated Groundwood Paper from Canada/ 

Responses to Supplemental Questions on the Injury 

Volume of the Petitions, dated August 15, 2017 

(General Issues Supplemental Response); see also 

Letter from the petitioner re: Certain Uncoated 

Groundwood Paper from Canada/Petitioner’s 

Responses to Supplemental Questions on the 

Countervailing Duty Volume of the Petition, dated 

August 16, 2017 (CVD Supplement). 

5See Memorandum, ‘‘Phone Call with Counsel to 

the Petitioner,’’ dated August 17, 2017 (Scope 

Phone Call). 

6See Letter from the petitioner re: Certain 

Uncoated Groundwood Paper from Canada/Further 

Revisions to The Scope Language, dated August 21, 

2017 (Scope Revision Letter). 

7See the ‘‘Determination of Industry Support for 

the Petition’’ section, below. 

submissions if the submitting party does 

not comply with applicable revised 

certification requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. On 

January 22, 2008, the Department 

published Antidumping and 

Countervailing Duty Proceedings: 

Documents Submission Procedures; 

APO Procedures, 73 FR 3634 (January 

22, 2008). Parties wishing to participate 

in this investigation should ensure that 

they meet the requirements of these 

procedures (e.g., the filing of letters of 

appearance as discussed at 19 CFR 

351.103(d)). 

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 

Dated: August 29, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix—Scope of the Investigation 

The merchandise covered by this 

investigation includes certain paper that has 

not been coated on either side and with 50 

percent or more of the cellulose fiber content 

consisting of groundwood pulp, including 

groundwood pulp made from recycled paper, 

weighing not more than 90 grams per square 

meter. Groundwood pulp includes all forms 

of pulp produced from a mechanical pulping 

process, such as thermo-mechanical process 

(TMP), chemi-thermo mechanical process 

(CTMP), bleached chemi-thermo mechanical 

process (BCTMP) or any other mechanical 

pulping process. The scope includes paper 

shipped in any form, including but not 

limited to both rolls and sheets. 

Certain uncoated groundwood paper 

includes but is not limited to standard 

newsprint, high bright newsprint, book 

publishing, directory, and printing and 

writing papers. The scope includes paper 

that is white, off-white, cream, or colored. 

Specifically excluded from the scope are 

imports of certain uncoated groundwood 

paper printed with final content of printed 

text or graphic. Also excluded are papers that 

otherwise meet this definition, but which 

have undergone a supercalendering 

process.40

Certain uncoated groundwood paper is 

classifiable in the Harmonized Tariff 

Schedule of the United States (HTSUS) in 

several subheadings, including 4801.00.0120, 

4801.00.0140, 4802.61.1000, 4802.61.2000, 

4802.61.3110, 4802.61.3191, 4802.61.6040, 

4802.62.1000, 4802.62.2000, 4802.62.3000, 

4802.62.6140, 4802.69.1000, 4802.69.2000, 

and 4802.69.3000. Subject merchandise may 

also be imported under several additional 

subheadings including 4805.91.5000, 

4805.91.7000, and 4805.91.9000. Although 

the HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the merchandise is 

dispositive. 

[FR Doc. 2017–18726 Filed 8–31–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–122–862] 

Certain Uncoated Groundwood Paper 

From Canada: Initiation of 

Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable September 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

David Crespo at (202) 482–3693, or 

Whitley Herndon at (202) 482–6274, 

Office II, AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On August 9, 2017, the U.S. 

Department of Commerce (the 

Department) received a countervailing 

duty (CVD) Petition concerning imports 

of certain uncoated groundwood paper 

(UGW paper) from Canada, filed in 

proper form on behalf of North Pacific 

Paper Company (NORPAC, or the 

petitioner).1 The CVD Petition was 

accompanied by an antidumping duty 

(AD) Petition concerning imports of 

UGW paper from Canada. The petitioner 

is a domestic producer of UGW paper.2

On August 11 and 14, 2017, the 

Department requested supplemental 

information pertaining to certain areas 

of the Petition.3 The petitioner filed 

responses to these requests on August 

15 and 16, 2017.4 On August 17, 2017, 

the Department contacted the petitioner 

regarding the proposed scope of the 

investigations.5 The petitioner filed 

revised scope language on August 21, 

2017.6 As discussed below, on August 

10, 2017, the Department issued polling 

questionnaires to all known U.S. 

producers of UGW paper. The 

Department received responses from all 

recipients of the polling questionnaires. 

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioner alleges that the 

Government of Canada (GOC) and the 

provincial governments of Alberta 

(GOA), British Colombia (GBS), 

Newfoundland and Labrador (GNL), 

Ontario (GOO), Quebec (GOQ), and New 

Brunswick (GNB) are providing 

countervailable subsidies, within the 

meaning of sections 701 and 771(5) of 

the Act, to imports of UGW paper from 

Canada and that such imports are 

materially injuring, or threatening 

material injury to, the domestic industry 

producing UGW paper in the United 

States. Also, consistent with section 

702(b)(1) of the Act, for those alleged 

programs on which we are initiating a 

CVD investigation, the Petition is 

accompanied by information reasonably 

available to the petitioner supporting its 

allegations. 

The Department finds that the 

petitioner filed this Petition on behalf of 

the domestic industry because the 

petitioner is an interested party as 

defined in section 771(9)(C) of the Act. 

The Department also finds that the 

petitioner demonstrated sufficient 

industry support with respect to the 

initiation of the CVD investigation that 

the petitioner is requesting.7

Period of Investigation 

Because the Petition was filed on 

August 9, 2017, the period of 

investigation (POI) is January 1, 2016, 

through December 31, 2016. 


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