Notice2021-25772
Certain Tissue Paper Products From the People's Republic of China: Continuation of the Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 26, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) in their five year (sunset) review that revocation of the antidumping duty (AD) order on certain tissue paper products (tissue paper) from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order on tissue paper from China.
Full Text
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<title>Federal Register, Volume 86 Issue 225 (Friday, November 26, 2021)</title>
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[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67437-67438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25772]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-894]
Certain Tissue Paper Products From the People's Republic of
China: Continuation of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) in
their five year (sunset) review that revocation of the antidumping duty
(AD) order on certain tissue paper products (tissue paper) from the
People's Republic of China (China) would likely lead to a continuation
or recurrence of dumping and material injury to an industry in the
United States, Commerce is publishing a notice of continuation of the
AD order on tissue paper from China.
DATES: Applicable November 26, 2021.
FOR FURTHER INFORMATION CONTACT: Brian Smith, AD/CVD Operations, Office
VIII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1766.
SUPPLEMENTARY INFORMATION:
Background
On March 30, 2005, Commerce published the AD order on tissue paper
from China.\1\ On June 1, 2021, the ITC instituted \2\ and Commerce
initiated \3\ a five-year (sunset) review of the AD order on tissue
paper from China, pursuant to sections 751(c) and 752 of the Tariff Act
of 1930, as amended (the Act). As a result of its review, Commerce
determined that revocation of the AD order on tissue paper from China
would likely lead to a continuation or recurrence of dumping.
Therefore, Commerce notified the ITC of the magnitude of the margin of
dumping likely to prevail were the order to be revoked.\4\
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\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Tissue Paper
Products from the People's Republic of China, 70 FR 16223 (March 30,
2005).
\2\ See Certain Tissue Paper Products from the People's Republic
of China; Institution of a Five-Year Review, 86 FR 29289 (June 1,
2021).
\3\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 29239
(June 1, 2021).
\4\ See Certain Tissue Paper Products from the People's Republic
of China: Final Results of Expedited Sunset Review of Antidumping
Duty Order, 86 FR 52444 (September 21, 2021).
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On November 18, 2021, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the AD
order on tissue paper from China would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\5\
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\5\ See Certain Tissue Paper Products from China; Determination,
86 FR 64527 (November 18, 2021).
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Scope of the Order
The products covered by the order are cut-to-length sheets of
tissue paper having a basis weight not exceeding 29 grams per square
meter. Tissue paper products subject to this order may or may not be
bleached, dye-colored, surface-colored, glazed, surface decorated or
printed, sequined, crinkled, embossed, and/or die cut. The tissue paper
subject to this order is in the form of cut-to-length sheets of tissue
paper with a width equal to or greater than one-half (0.5) inch.
Subject tissue paper may be flat or folded, and may be packaged by
banding or wrapping with paper or film, by placing in plastic or film
bags, and/or by placing in boxes for distribution and use by the
ultimate consumer. Packages of tissue paper subject to this order may
consist solely of tissue paper of one color and/or style, or may
contain multiple colors and/or styles.
The merchandise subject to this order does not have specific
classification numbers assigned to them under the Harmonized Tariff
Schedule of the United States (HTSUS). Subject merchandise may be under
one or more of several different subheadings, including: 4802.30,
4802.54, 4802.61, 4802.62, 4802.69, 4804.31.1000, 4804.31.2000,
4804.31.4020, 4804.31.4040, 4804.31.6000, 4804.39, 4805.91.1090,
4805.91.5000, 4805.91.7000, 4806.40, 4808.30, 4808.90, 4811.90,
4823.90, 4802.50.00, 4802.90.00, 4805.91.90, 9505.90.40. Although the
HTSUS tariff classifications are provided for convenience and customs
purposes, the written description of the scope of this order is
dispositive.\6\
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\6\ On January 30, 2007 at the direction of CBP, Commerce added
the following HTSUS classifications to the AD/CVD module for tissue
paper: 4802.54.3100, 4802.54.6100, and 4823.90.6700. However, we
note that the six digit classifications for these numbers were
already listed in the scope.
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Excluded from the scope of this order are the following tissue
paper products: (1) Tissue paper products that are coated in wax,
paraffin, or polymers, of a kind used in floral and food service
applications; (2) tissue paper products that have been perforated,
embossed, or die-cut to the shape of a toilet seat, i.e., disposable
sanitary covers for toilet seats; and (3) toilet or facial tissue stock
towel or napkin stock, paper of a kind used for household or sanitary
purposes, cellulose wadding, and webs of cellulose fibers (HTSUS
4803.00.20.00 and 4803.00.40.00).
Continuation of the AD Order
As a result of the determinations by Commerce and the ITC that
revocation of the AD order on tissue paper from China would likely lead
to a continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to sections 751(c) and
751(d)(2) of the Act, Commerce hereby orders the continuation of the AD
order on tissue paper from China. U.S. Customs and Border Protection
will continue to collect AD cash deposits at the rates in effect at the
time of entry for all imports of subject merchandise. The effective
date of the continuation of the order will be the date of publication
in the Federal Register of this notice of continuation. Pursuant to
section 751(c)(2) of the Act, Commerce intends to initiate the next
five-year review of this order not later than 30 days prior to the
fifth anniversary of the effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
[[Page 67438]]
This five-year (sunset) review and notice are in accordance with
sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR
351.218(f)(4).
Dated: November 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-25772 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-DS-P
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