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the magnitude of its imports of subject merchandise in interim 2006. However, we intend to seek this information in any final phase of these investigations and to revisit this issue.

There are no other related party issues in these preliminary phase investigations. No party in these preliminary phase investigations has argued for the exclusion of any related party from the domestic industry. We find that it is not appropriate to exclude the three related parties from the domestic industry,61 and we find that the domestic industry consists of all known domestic producers of CFSP.

  • V.


  • A.

    In General

Pursuant to Section 771(24) of the Act, imports from a subject country of merchandise corresponding to a domestic like product that account for less than 3 percent of all such merchandise imported into the United States during the most recent 12 months for which data are available preceding the filing of the petition shall be deemed negligible.62 Imports that are individually negligible may not be negligible if the aggregate volumes of imports from several countries with negligible imports exceeds 7 percent of all such merchandise imported into the United States in the statutory period for assessing negligibility referenced above.63 In countervailing duty investigations involving developing countries, the statute further provides that the negligibility thresholds are 4 percent and 9 percent, rather than 3 percent and 7 percent.64 The statute defines “developing country” as any country so designated by the U.S. Trade Representative (“USTR”).65 Of the three subject countries with allegedly subsidized imports, Indonesia has been designated by the USTR as a developing country.66

By operation of law, a finding of negligibility terminates the Commission’s investigation with respect to such imports.67 The Commission is authorized to make “reasonable estimates on the basis of available statistics” of pertinent import levels for purposes of deciding negligibility.68


Negligibility for Purposes of the Three Antidumping Duty Investigations and the Countervailing Duty Investigations Concerning Subject Imports From China and Korea

Allegedly LTFV subject imports from China, Indonesia, and Korea are not negligible under 19 U.S.C. § 1677(24)(A)(i) because imports from each country accounted for more than 3 percent of the volume of CFSP imported into the United States in the most recent 12-month period for which data are available preceding the filing of the petition. In the period from October 1, 2005, through September 30,

61 In any final phase of these investigations we intend to consider whether the domestic producer Stora Enso North America Corp. is a related party on account of its ownership by a third party that also controls a CFSP producer in China, and, if so, whether appropriate circumstances exist to exclude Stora Enso from the domestic industry.







19 U.S.C. §§ 1671b(a), 1673b(a), 1677(24)(A)(I)(I). 19 U.S.C. § 1677(24)(A)(i)-(ii). 19 U.S.C. § 1677(24)(B). 19 U.S.C. § 1677(36)(A). 15 C.F.R. § 2013.1 (2005). 19 U.S.C. §§ 1671b(a)(1), 1673b(a)(1).

68 19 U.S.C. § 1677(24)(C); see also The Uruguay Round Agreements Act, Statement of Administrative Action, H.R. Doc. No. 103-316, Vol. 1 at 186 (1994) (“SAA”).


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