Notice2021-26996
Certain Uncoated Paper From Brazil, the People's Republic of China, and Indonesia: Affirmative Final Determinations of Circumvention of the Antidumping Duty Orders and Countervailing Duty Orders for Certain Uncoated Paper Rolls
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
December 14, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that imports of certain uncoated paper rolls from Brazil, the People's Republic of China (China), and Indonesia are circumventing the antidumping duty (AD) orders on certain uncoated paper (uncoated paper) from Brazil, China, and Indonesia, and that imports of certain uncoated paper rolls from China and Indonesia are circumventing the countervailing duty (CVD) orders on uncoated paper from China and Indonesia.
Full Text
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<title>Federal Register, Volume 86 Issue 237 (Tuesday, December 14, 2021)</title>
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[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71025-71031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26996]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842, A-570-022, C-570-023, A-560-828, C-560-829]
Certain Uncoated Paper From Brazil, the People's Republic of
China, and Indonesia: Affirmative Final Determinations of Circumvention
of the Antidumping Duty Orders and Countervailing Duty Orders for
Certain Uncoated Paper Rolls
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of certain uncoated paper rolls from Brazil, the People's Republic of
China (China), and Indonesia are circumventing the antidumping duty
(AD) orders on certain uncoated paper (uncoated paper) from Brazil,
China, and Indonesia, and that imports of certain uncoated paper rolls
from China and Indonesia are circumventing the countervailing duty
(CVD) orders on uncoated paper from China and Indonesia.
DATES: Applicable December 14, 2021.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen or Rachel Greenberg,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3251 or (202)
482-1110, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2020, and January 27, 2021, Commerce published the
Preliminary Determinations \1\ for the anti-circumvention inquiries of
the AD and CVD orders on uncoated paper from Brazil, China, and
Indonesia with respect to uncoated paper rolls which are imported from
Brazil, China, and Indonesia, and further processed into uncoated paper
sheets subject to the Orders.\2\ We invited parties to comment on the
Preliminary Determinations. A summary of the events that occurred since
Commerce published the Preliminary Determinations may be found in the
respective Issues and Decision Memoranda.\3\ Commerce conducted these
anti-circumvention inquiries in accordance with section 781(a) of the
Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Uncoated Paper from the People's Republic of
China: Affirmative Preliminary Determinations of Circumvention of
the Antidumping and Countervailing Duty Orders for Uncoated Paper
Rolls, 85 FR 72624 (November 13, 2020) (China Preliminary
Determination), and accompanying Preliminary Determination
Memorandum (PDM); Certain Uncoated Paper from Brazil: Affirmative
Preliminary Determination of Circumvention of the Antidumping Duty
Order for Uncoated Paper Rolls, 86 FR 7261 (January 27, 2021)
(Brazil Preliminary Determination), and accompanying PDM; and
Certain Uncoated Paper from Indonesia: Affirmative Preliminary
Determinations of Circumvention of the Antidumping and
Countervailing Duty Orders for Uncoated Paper Rolls, 86 FR 7266
(January 27, 2021) (Indonesia Preliminary Determination), and
accompanying PDM (collectively, Preliminary Determinations).
\2\ See Certain Uncoated Paper from Australia, Brazil,
Indonesia, the People's Republic of China, and Portugal: Amended
Final Affirmative Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR 11174 (March 3, 2016)
(Orders).
\3\ See Memoranda, ``Final Decision Memorandum for Anti-
Circumvention Inquiry of the Antidumping Duty Order on Certain
Uncoated Paper from Brazil: Uncoated Paper Rolls''; ``Final Decision
Memorandum for Anti-Circumvention Inquiries of the Antidumping and
Countervailing Duty Orders on Certain Uncoated Paper from Indonesia:
Uncoated Paper Rolls''; and ``Anti-Circumvention Inquiries of the
Antidumping Duty Orders on Certain Uncoated Paper from Brazil,
China, and Indonesia, and the Countervailing Duty Orders on Certain
Uncoated Paper from China and Indonesia: Uncoated Paper Rolls
Certification,'' dated concurrently with, and hereby adopted by,
this notice (collectively, Issues and Decision Memoranda).
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Scope of the Orders
The merchandise subject to these Orders includes uncoated paper in
sheet
[[Page 71026]]
form; weighing at least 40 grams per square meter but not more than 150
grams per square meter; that either is a white paper with a GE
brightness level \4\ of 85 or higher or is a colored paper; whether or
not surface-decorated, printed (except as described below), embossed,
perforated, or punched; irrespective of the smoothness of the surface;
and irrespective of dimensions (Certain Uncoated Paper).
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\4\ One 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 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. ``Colored paper'' as used in this scope definition means a
paper with a hue other than white that reflects one of the primary
colors of magenta, yellow, and cyan (red, yellow, and blue) or a
combination of such primary colors.
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Certain Uncoated Paper includes (a) uncoated free sheet paper that
meets this scope definition; (b) uncoated ground wood paper produced
from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this
scope definition; and (c) any other uncoated paper that meets this
scope definition regardless of the type of pulp used to produce the
paper.
Specifically excluded from the scope are (1) paper printed with
final content of printed text or graphics and (2) lined paper products,
typically school supplies, composed of paper that incorporates straight
horizontal and/or vertical lines that would make the paper unsuitable
for copying or printing purposes. For purposes of this scope
definition, paper shall be considered ``printed with final content''
where at least one side of the sheet has printed text and/or graphics
that cover at least five percent of the surface area of the entire
sheet.
On September 1, 2017, Commerce determined that imports of uncoated
paper with a GE brightness of 83 +/-1% (83 Bright paper), otherwise
meeting the description of in-scope merchandise, constitute merchandise
``altered in form or appearance in minor respects'' from in-scope
merchandise that are subject to these Orders.\5\
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\5\ See Certain Uncoated Paper from Australia, Brazil, the
People's Republic of China, Indonesia, and Portugal: Affirmative
Final Determination of Circumvention of the Antidumping and
Countervailing Duty Orders, 82 FR 41610 (September 1, 2017).
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Imports of the subject merchandise are provided for under
Harmonized Tariff Schedule of the United States (HTSUS) categories
4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000,
4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000,
and 4802.57.4000. Some imports of subject merchandise may also be
classified under 4802.62.1000, 4802.62.2000, 4802.62.3000,
4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000,
4802.69.3000, 4811.90.8050 and 4811.90.9080. While HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of the Orders is dispositive.
Merchandise Subject to the Anti-Circumvention Inquiries
These anti-circumvention inquiries cover certain uncoated paper
rolls that are commonly, but not exclusively, known as ``sheeter
rolls'' from Brazil, China, and Indonesia that are further processed in
the United States into individual sheets of uncoated paper that would
be subject to the Orders (i.e., paper that weighs at least 40 grams per
square meter but not more than 150 grams per square meter; and that
either is a white paper with a GE brightness level of 83 +/-1% or
higher or is a colored paper (as defined above)). The uncoated paper
rolls covered by these inquiries are converted into sheets of uncoated
paper using specialized cutting machinery prior to printing, and are
typically, but not exclusively, between 52 and 103 inches wide and 50
inches in diameter. For clarity, we herein refer to ``subject-paper
rolls'' when referencing the certain uncoated paper rolls that may be
converted into subject merchandise. Subject-paper rolls are classified
under HTSUS category 4802.55.
Certain importers of the subject-paper rolls that are not converted
into subject merchandise may certify that the rolls will not be further
processed into subject merchandise covered by the scope of the
Orders.\6\ Failure to comply with the requisite certification
requirement may result in the merchandise being found subject to AD
and/or CVD duties.
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\6\ See Appendices IV through IX.
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Analysis of Comments Received
All the issues raised in the case and rebuttal briefs that were
submitted by parties in the respective inquiries are addressed in the
Issues and Decision Memoranda. Lists of the issues raised regarding the
Brazil and Indonesia determinations are attached to this notice at
Appendices I and II, respectively. A list of the issues raised
regarding the certification program are attached to this notice at
Appendix III. No comments were submitted with respect to the China
determination. The Issues and Decision Memoranda are public documents
and are on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, complete versions of the Issues and
Decision Memoranda can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Determinations
In the Preliminary Determinations, we determined that imports of
subject-paper rolls that are converted into uncoated paper sheets are
circumventing the Orders. Specifically, we determined that imports of
subject-paper rolls from Brazil, China, and Indonesia are being
finished and sold in the United States pursuant to the statutory and
regulatory criteria laid out in section 781(a) of the Act and 19 CFR
351.225(g).
For the Brazil Preliminary Determination, we relied upon record
evidence submitted by the petitioners,\7\ Suzano,\8\ Perez Trading
Company (Perez), IP,\9\ and one U.S. company that requested proprietary
treatment of its name. We also relied on adverse facts available (AFA)
for Ahlstrom-Munksjo Brasil Industria e Comercio de Papeis Especiais
Ltda (Ahlstrom) \10\ because it failed to respond to Commerce's request
for information.
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\7\ The petitioners include Domtar Corporation; Packaging
Corporation of America; North Pacific Paper Company; Finch Paper
LLC; and United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union.
\8\ Suzano includes Suzano S.A. and Suzano Pulp and Paper
America, Inc.
\9\ IP includes International Paper do Brasil Ltda. and
International Paper Exportadora Ltda.
\10\ Ahlstrom also operates under the names Ahlstrom Brasil Ltd.
and Ahlstrom-Munksj[ouml] Brasil Ind[uacute]stria e Com[eacute]rcio
de Pap[eacute]is Especiais LTDA. Ahlstrom also previously operated
under the names Munksj[ouml] Brasil Ind e Com de Papeis Especiais
LTDA and Ahlstrom Brasil Ind e Com de Papeis Especiais LTDA. See
Ahlstrom's Letter, ``Response to September 3, 2021 Letter from the
Department of Commerce Requesting Company Name Clarification,''
dated September 9, 2021.
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For the China Preliminary Determination, we relied upon information
provided by the petitioners and on AFA for seven non-responsive
companies because they failed to respond to Commerce's request for
information.\11\ Additionally, we considered the no shipment responses
[[Page 71027]]
from Asia Symbol,\12\ Gold Huasheng,\13\ and Marubeni.\14\
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\11\ These non-responsive companies are Central National Asia
Limited, Kingdecor (Zhejiang) Co., Ltd., Shandong Sun Paper Industry
Joint Stock Co Ltd, Sun Paper (Hong Kong) Co., Limited, and Sunpack
Paper Products Company.
\12\ Asia Symbol includes the following companies: Greenpoint
Global Trading (Macao) Commercial Offshore Ltd. (Greenpoint)/Asia
Symbol (Guangdong) Paper Co., Ltd./Asia Symbol (Shandong) Pulp and
Paper Co., Ltd.
\13\ Gold Huasheng Paper Co., Ltd Inc. (Gold Huasheng) also
includes its affiliated parties Gold East Paper Co., Ltd., Hainan
Jinhai Pulp and Paper Company, and Ningbo Zhonghua Paper Co, Ltd.
\14\ Marubeni (China) Corporation, Ltd. (Marubeni) also includes
its affiliates Marubeni America Corporation and Marubeni (Shanghai)
Corporation, Ltd.
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For the Indonesia Preliminary Determination, we based the
determination on information provided by the petitioners, APP
Indonesian Mills,\15\ APRIL,\16\ Great Champ Trading Limited, CellMark
Paper Inc. (CellMark), Charta Global, and International Forest
Products. We also relied on AFA in whole (for companies that failed to
respond to Commerce's requests for information) \17\ or in part (for
CellMark, which submitted incomplete information). For a complete
discussion of the evidence which led to our preliminary determinations,
see the Preliminary Determinations and accompanying Preliminary
Decision Memoranda.
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\15\ APP Indonesian Mills includes PT. Indah Kiat Pulp and Paper
Tbk; PT. Pabrik Kertas Tjiwi Kimia Tbk; and Pindo Deli Pulp and
Paper.
\16\ APRIL includes PT Anugrah Kertas Utama; PT Riau Andalan
Kertas; APRIL Fine Paper Macao Commercial Offshore Limited; A P Fine
Paper Trading (Hong Kong) Limited; and APRIL International
Enterprise Pte. Ltd.
\17\ These non-responsive companies are Advanced Paper; Alliance
Converting LLC; Case Paper; LinkMax Paper; and Northwoods Paper
Converting.
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Our final determinations remain unchanged from the Preliminary
Determinations. Accordingly, we determine, pursuant to section 781(a)
of the Act and 19 CFR 351.225(g), that imports of certain uncoated
paper rolls from Brazil, China, and Indonesia are circumventing the
Orders. We made no changes to the certification programs.
Liquidation of Entries
For all entries of merchandise subject to the AD order on uncoated
paper from Brazil, entered or withdrawn from warehouse for consumption
on or before February 28, 2021, Commerce intends to instruct CBP to
liquidate those entries at the applicable AD rates for those
entries.\18\
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\18\ Commerce has completed its administrative reviews of the AD
order on uncoated paper from Brazil for the periods of March 1,
2019, through February 29, 2020, and March 2, 2020, through February
28, 2021. Therefore, Commerce will instruct CBP to liquidate all
entries through the end of the last completed administrative review
period.
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For entries of subject-paper rolls from China that were entered, or
withdrawn from warehouse, for consumption from October 10, 2019,
through October 17, 2019, Commerce intends to instruct Customs and
Border Protection (CBP) to liquidate those entries without regard to AD
or CVD duties.\19\ For entries of subject-paper rolls from China that
were produced, exported, or imported by companies other than the non-
responsive companies,\20\ entered, or withdrawn from warehouse, for
consumption from November 6, 2020, through November 12, 2020, Commerce
intends to instruct CBP to liquidate those entries without regard to AD
or CVD duties.\21\
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\19\ In the China Preliminary Determination, we suspended
liquidation for entries produced or exported by CNAL, Kingdecor,
Shandong Sun Paper, Sun Paper HK, and Sunpack starting October 10,
2019, the date we initiated these inquiries. To be consistent with
the other inquiries for uncoated paper rolls, we are modifying this
date to October 18, 2019, the publication date of the Initiation
Notice.
\20\ The non-responsive companies from the China inquiries are
CNAL, Kingdecor, Shandong Sun Paper, Sun Paper HK, and Sunpack.
\21\ The China Preliminary Determination stated that for all
other entries of subject-paper rolls, Commerce would instruct CBP to
suspend liquidation beginning November 6, 2020, i.e., the signature
date of the preliminary determination. To be consistent with the
other inquiries for uncoated paper rolls, we are modifying the
effective date for all other entries from China to November 13,
2020, i.e., the publication date of the China Preliminary
Determination.
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For all entries of merchandise subject to the AD order on uncoated
paper from Indonesia, entered or withdrawn from warehouse for
consumption on or before February 28, 2021, Commerce intends to
instruct CBP to liquidate those entries at the applicable AD rates for
those entries.\22\ For all entries of merchandise subject to the CVD
order on uncoated paper from Indonesia, entered or withdrawn from
warehouse for consumption on or before December 31, 2020, Commerce
intends to instruct CBP to liquidate those entries at the applicable
CVD rates for those entries.\23\
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\22\ Commerce is not conducting an administrative review of the
AD order on uncoated paper from Indonesia for the period ending on
February 28, 2021. Therefore, Commerce will instruct CBP to
liquidate all entries through the end of the last administrative
review period.
\23\ Commerce is not conducting an administrative review of the
CVD order on uncoated paper from Indonesia for the period ending on
December 31, 2020. Therefore, Commerce will instruct CBP to
liquidate all entries through the end of the last administrative
review period.
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Continuation of Suspension of Liquidation
As a result of this determination, and consistent with 19 CFR
351.225(l)(3), we will instruct CBP to continue to suspend the
liquidation of all entries of subject-paper rolls entered under the
Brazil, China, and Indonesia AD orders after February 28, 2021, and all
entries entered under the China and Indonesia CVD orders after December
31, 2020, and to require cash deposits of estimated AD and CVD duties
at the applicable subject merchandise rates.
Certification Requirements
As a result of these anti-circumvention proceedings, subject-paper
rolls, as defined above, produced in Brazil, China, and Indonesia that
are further processed into uncoated paper sheets in the United States,
are subject to the . Accordingly, pursuant to 19 CFR 351.228,\24\
Commerce is continuing to impose a certification requirement for
purposes of enforcing and administering its final determinations.
Therefore, if an importer imports subject-paper rolls from Brazil,
China or Indonesia that will not be further processed into uncoated
paper sheets, in order to not be subject to cash deposit requirements,
the importer is required to meet the certification and documentation
requirements described in Appendix IV for merchandise from Brazil,
Appendix VI for merchandise from China, and VIII for merchandise from
Indonesia. Properly certified entries are not subject to AD/CVD duties
under the Orders. Exemption from AD and CVD duties under the Orders is
permitted only if the certification and documentation specified in
Appendices IV and V for merchandise from Brazil, Appendices VI and VII
for merchandise from China, and VIII and IX for merchandise from
Indonesia, are met.
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\24\ On September 20, 2021, Commerce adopted a new regulation,
19 CFR 351.228, which codifies Commerce's certification practice.
See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 10,
2021) (adopting 19 CFR 351.228 effective October 20, 2021).
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Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to all parties subject
to the administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(a) of the Act, and 19 CFR 351.225(g).
[[Page 71028]]
Dated: December 7, 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.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum: Brazil
Final Determination
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Anti-Circumvention Inquiry
V. Discussion of the Issues
Comment 1: Whether Commerce's Determination was Contrary to the
Purpose of Section 781 of the Act
Comment 2: Whether the Merchandise Analyzed by Commerce is of
the Same Class or Kind as Subject Merchandise and Whether the
Merchandise Analyzed by Commerce is Further Processed in the United
States
Comment 3: Whether the Production Process in the United States
is Minor or Insignificant
Comment 4: Whether the Additional Factors Under Section
781(a)(3) of the Act Support an Affirmative Determination
Comment 5: Whether Commerce Properly Defined the Subject-Paper
Rolls
Comment 6: Whether Commerce Considered All Record Information
Comment 7: Whether Commerce's Adverse Facts Available (AFA)
Determination is Supported by Substantial Evidence
Comment 8: Whether a Country-Wide Finding is Appropriate
Comment 9: Whether Commerce Must Consider A Significant Injury
Issue
VI. Recommendation
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum:
Indonesia Final Determination
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Anti-Circumvention Inquiries
V. Discussion of the Issues
Comment 1: Whether Commerce Had a Reasonable Basis to Initiate
This Inquiry
Comment 2: Whether Commerce Properly Analyzed the Conversion
Cost Factors
VI. Recommendation
Appendix III
List of Topics Discussed in the Issues and Decision Memorandum:
Certification Program
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Scope and Anti-Circumvention
Inquiries
V. Discussion of the Issues
Comment 1: Whether the Range of Products Covered by
Certifications Should be Modified
Comment 2: Whether CBP Should Administer the Importer
Certifications
Comment 3: Whether the Draft Certification Requirements Should
Be Modified
Comment 4: Whether Commerce Should Allow Ahlstrom's Importers To
Certify Subject Rolls
VI. Recommendation
Appendix IV
Certification Requirements: Brazil
If an importer imports subject-paper rolls from Brazil and
claims that the subject-paper rolls will not be further processed
into uncoated paper sheets covered by the Order, the importer is
required to complete and maintain the importer certification
attached hereto at Appendix V and all supporting documentation.
Where the importer uses a broker to facilitate the entry process, it
should obtain the entry summary number from the broker. Agents of
the importer, such as brokers, however, are not permitted to make
this certification on behalf of the importer.
All importers of subject-paper rolls from Brazil are eligible
for the certification process detailed below, with the exception
that entries of subject-paper rolls produced and/or exported by
Ahlstrom Brasil Ltd., Ahlstrom-Munksjo Brasil Industria e Comercio
de Papeis Especiais Ltda, and/or Ahlstrom-Munksj[ouml] Brasil
Ind[uacute]stria e Com[eacute]rcio de Pap[eacute]is Especiais LTDA.
are ineligible for certification.
For entries of subject-paper rolls from Brazil entered, or
withdrawn from warehouse, for consumption on or after the date this
final determination was signed for which the importer claims that
the rolls will not be further processed into uncoated paper subject
to the order, the importer is required to meet the certification and
documentation requirements detailed in the certifications in order
for no suspension of liquidation and no cash deposit to be required
for such entries. Among other requirements detailed below, importers
are required to maintain a copy of any certifications, as well as
sufficient documentation supporting the certification (i.e.,
documents maintained in the normal course of business, or documents
obtained by the certifying party, for example, mill certificates,
production records, invoices, etc.) for the later of: (1) A period
of five years from the date of entry; or (2) a period of three years
after the conclusion of any litigation in the United States courts
regarding such entries.
For all shipments and/or entries for which certifications are
required, importers should complete the required certification at or
prior to the date of Entry Summary.
Appendix V
Importer Certification: Brazil
I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of
subject-paper rolls produced in Brazil that entered under entry
summary number(s), identified below, and which are covered by this
certification. Subject-paper rolls are defined as certain uncoated
paper rolls commonly, but not exclusively, known as ``sheeter
rolls,'' (rolls with paper that weigh at least 40 grams per square
meter but not more than 150 grams per square meter; and paper that
either is a white paper with a GE brightness level of 83 +/-1% or
higher or is a colored paper) that may be converted into subject
merchandise. The uncoated paper rolls are typically, but not
exclusively, between 52 and 103 inches wide and 50 inches in
diameter. Subject-paper rolls are classified under HTSUS category
4802.55. ``Direct personal knowledge'' refers to facts the
certifying party is expected to have in its own records. For
example, the importer should have direct personal knowledge of the
importation of the product (e.g., the name of the exporter) in its
records.
(C) If the importer is acting on behalf of the first U.S.
customer, complete this paragraph, if not put ``NA'' at the end of
this paragraph: The imported subject-paper rolls covered by this
certification were imported by {NAME OF IMPORTING COMPANY{time} on
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S.
CUSTOMER{time} .
(D) The imported subject-paper rolls covered by this
certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS
FIRST SHIPPED IN THE UNITED STATES{time} , located at {ADDRESS OF
SHIPMENT{time} .
(E) Select appropriate statement below:
__I have have direct personal knowledge of the facts regarding
the end-use of the imported product because my company is the end-
user of the imported product covered by this certification and I
certify that the imported subject-paper rolls will not be used to
produce subject merchandise. ``Direct personal knowledge'' includes
information contained within my company's books and records.
__I have personal knowledge of the facts regarding the end-use
of the imported product because my company is not the end-user of
the imported product covered by this certification. However, I have
been able to contact the end-user of the imported product and
confirm that it will not use this product to produce subject
merchandise. The end-user of the imported product is {COMPANY
NAME{time} located at {ADDRESS{time} . ``Personal knowledge''
includes facts obtained from another party (e.g., correspondence
received by the importer from the end-user of the product).
(F) The imported subject-paper rolls covered by this
certification will not be further processed into uncoated paper
sheets in the United States.
(G) This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
[[Page 71029]]
Producer:
Producer's Address:
(H) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, production
records, invoices, etc.) for the later of: (1) A period of five
years from the date of entry; or (2) a period of three years after
the conclusion of any litigation in the United States courts
regarding such entries.
(I) I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide this certification and supporting records to
U.S. Customs and Border Protection (CBP) and/or the Department of
Commerce (Commerce), upon request by the respective agency.
(J) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(K) I understand that failure to maintain the required
certifications, and/or failure to substantiate the claims made
herein, and/or failure to allow CBP and/or Commerce to verify the
claims made herein, may result in a de facto determination that all
entries to which this certification applies are within the scope of
the antidumping duty order on certain uncoated paper from Brazil. I
understand that such finding will result in:
(i) Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the requirement that the importer post applicable
antidumping duty cash deposits (as appropriate) equal to the rates
determined by Commerce; and
(iii) the revocation of {NAME OF IMPORTING COMPANY{time} 's
privilege to certify future imports of subject-paper rolls from
Brazil as not being imported for purposes of further processing into
the United States into uncoated paper sheets.
(L) I understand that agents of the importer, such as brokers,
are not permitted to make this certification. Where a broker or
other party was used to facilitate the entry process, {NAME OF
IMPORTING COMPANY{time} obtained the entry summary number and date
of entry summary from that party.
(M) This certification was completed at or prior to the date of
entry summary.
(N) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE{time}
Appendix VI
Certification Requirements: China
If an importer imports subject-paper rolls from China and claims
that the subject-paper rolls will not be further processed into
uncoated paper sheets covered by the Orders, the importer is
required to complete and maintain the importer certification
attached hereto at Appendix VII and all supporting documentation.
Where the importer uses a broker to facilitate the entry process, it
should obtain the entry summary number from the broker. Agents of
the importer, such as brokers, however, are not permitted to make
this certification on behalf of the importer.
All importers of subject-paper rolls from China are eligible for
the certification process detailed below. However, entries of
subject-paper rolls produced and/or exported by Central National
Asia Limited (CNAL), Kingdecor (Zhejiang) Co., Ltd. (Kingdecor),
Shandong Sun Paper Industry Joint Stock Co Ltd (Shandong Sun Paper),
Sun Paper (Hong Kong) Co., Limited (Sun Paper HK), and Sunpack Paper
Products Company (Sunpack), are ineligible for certification.
For entries of subject-paper rolls from China entered, or
withdrawn from warehouse, for consumption on or after the date this
final determination was signed for which the importer claims that
the rolls will not be further processed into uncoated paper subject
to the Orders, the importer is required to meet the certification
and documentation requirements detailed in the certifications in
order for no suspension of liquidation and no cash deposit to be
required for such entries. Among other requirements detailed below,
importers are required to maintain a copy of any certifications, as
well as sufficient documentation supporting the certification (i.e.,
documents maintained in the normal course of business, or documents
obtained by the certifying party, for example, mill certificates,
production records, invoices, etc.) for the later of: (1) A period
of five years from the date of entry; or (2) a period of three years
after the conclusion of any litigation in the United States courts
regarding such entries.
For all shipments and/or entries for which certifications are
required, importers should complete the required certification at or
prior to the date of Entry Summary.
Appendix VII
Importer Certification: China
I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of
subject-paper rolls produced in the People's Republic of China
(China) that entered under entry summary number(s), identified
below, and which are covered by this certification. Subject-paper
rolls are defined as certain uncoated paper rolls commonly, but not
exclusively, known as ``sheeter rolls,'' (rolls with paper that
weigh at least 40 grams per square meter but not more than 150 grams
per square meter; and paper that either is a white paper with a GE
brightness level of 83 +/-1% or higher or is a colored paper) that
may be converted into subject merchandise. The uncoated paper rolls
are typically, but not exclusively, between 52 and 103 inches wide
and 50 inches in diameter. Subject-paper rolls are classified under
HTSUS category 4802.55. ``Direct personal knowledge'' refers to
facts the certifying party is expected to have in its own records.
For example, the importer should have direct personal knowledge of
the importation of the product (e.g., the name of the exporter) in
its records.
(C) If the importer is acting on behalf of the first U.S.
customer, complete this paragraph, if not put ``NA'' at the end of
this paragraph: The imported subject-paper rolls covered by this
certification were imported by {NAME OF IMPORTING COMPANY{time} on
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S.
CUSTOMER{time} .
(D) The imported subject-paper rolls covered by this
certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS
FIRST SHIPPED IN THE UNITED STATES{time} , located at {ADDRESS OF
SHIPMENT{time} .
(E) Select appropriate statement below:
__I have direct personal knowledge of the facts regarding the
end-use of the imported product because my company is the end-user
of the imported product covered by this certification and I certify
that the imported subject-paper rolls will not be used to produce
subject merchandise. ``Direct personal knowledge'' includes
information contained within my company's books and records.
__I have personal knowledge of the facts regarding the end-use
of the imported product because my company is not the end-user of
the imported product covered by this certification. However, I have
been able to contact the end-user of the imported product and
confirm that it will not use this product to produce subject
merchandise. The end-user of the imported product is {COMPANY
NAME{time} . ``Personal knowledge'' includes facts obtained from
another party (e.g., correspondence received by the importer from
the end-user of the product).
(F) The imported subject-paper rolls covered by this
certification will not be further processed into uncoated paper
sheets in the United States.
(G) This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:
[[Page 71030]]
(H) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, production
records, invoices, etc.) for the later of: (1) A period of five
years from the date of entry; or (2) a period of three years after
the conclusion of any litigation in the United States courts
regarding such entries.
(I) I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide this certification and supporting records to
U.S. Customs and Border Protection (CBP) and/or the Department of
Commerce (Commerce), upon request by the respective agency.
(J) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(K) I understand that failure to maintain the required
certifications, and/or failure to substantiate the claims made
herein, and/or failure to allow CBP and/or Commerce to verify the
claims made herein, may result in a de facto determination that all
entries to which this certification applies are within the scope of
the antidumping/countervailing duty orders on certain uncoated paper
from China. I understand that such finding will result in:
(i) Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the requirement that the importer post applicable
antidumping duty and/or countervailing duty cash deposits (as
appropriate) equal to the rates determined by Commerce; and
(iii) the revocation of {NAME OF IMPORTING COMPANY{time} 's
privilege to certify future imports of subject-paper rolls from
China as not being imported for purposes of further processing into
the United States into uncoated paper sheets.
(L) I understand that agents of the importer, such as brokers,
are not permitted to make this certification. Where a broker or
other party was used to facilitate the entry process, {NAME OF
IMPORTING COMPANY{time} obtained the entry summary number and date
of entry summary from that party.
(M) This certification was completed at or prior to the date of
entry summary.
(N) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE{time}
Appendix VIII
Certification Requirements: Indonesia
If an importer imports subject-paper rolls from Indonesia and
claims that the subject-paper rolls will not be further processed
into uncoated paper sheets covered by the Orders, the importer is
required to complete and maintain the importer certification
attached hereto at Appendix IX and all supporting documentation.
Where the importer uses a broker to facilitate the entry process, it
should obtain the entry summary number from the broker. Agents of
the importer, such as brokers, however, are not permitted to make
this certification on behalf of the importer.
All importers of subject-paper rolls from Indonesia are eligible
for the certification process detailed below, with the exception
that entries of subject-paper rolls imported and/or purchased by
Advanced Paper Enterprises, Inc., Alliance Converting LLC, Case
Paper Company Inc., LinkMax Paper, Midwest Converting, Mohawk Fine
Papers Inc., or Northwoods Paper Converting, are ineligible for
certification.
For entries of subject-paper rolls from Indonesia entered, or
withdrawn from warehouse, for consumption on or after the date these
final determinations were signed for which the importer claims that
the rolls will not be further processed into uncoated paper subject
to the Orders, the importer is required to meet the certification
and documentation requirements detailed in the certifications in
order for no suspension of liquidation and no cash deposit to be
required for such entries. Among other requirements detailed below,
importers are required to maintain a copy of any certifications, as
well as sufficient documentation supporting the certification (i.e.,
documents maintained in the normal course of business, or documents
obtained by the certifying party, for example, mill certificates,
production records, invoices, etc.) for the later of: (1) A period
of five years from the date of entry; or (2) a period of three years
after the conclusion of any litigation in the United States courts
regarding such entries.
For all shipments and/or entries for which certifications are
required, importers should complete the required certification at or
prior to the date of Entry Summary.
Appendix IX
Importer Certification: Indonesia
I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of
subject-paper rolls produced in Indonesia that entered under the
entry summary number(s), identified below, and which are covered by
this certification. Subject-paper rolls are defined as certain
uncoated paper rolls commonly, but not exclusively, known as
``sheeter rolls,'' (rolls with paper that weigh at least 40 grams
per square meter but not more than 150 grams per square meter; and
paper that either is a white paper with a GE brightness level of 83
+/-1% or higher or is a colored paper) that may be converted into
subject merchandise. The uncoated paper rolls are typically, but not
exclusively, between 52 and 103 inches wide and 50 inches in
diameter. Subject-paper rolls are classified under HTSUS category
4802.55. ``Direct personal knowledge'' refers to facts the
certifying party is expected to have in its own records. For
example, the importer should have direct personal knowledge of the
importation of the product (e.g., the name of the exporter) in its
records.
(C) If the importer is acting on behalf of the first U.S.
customer, complete this paragraph, if not put ``NA'' at the end of
this paragraph: The imported subject-paper rolls covered by this
certification were imported by {NAME OF IMPORTING COMPANY{time} on
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S.
CUSTOMER{time} .
(D) The imported subject-paper rolls covered by this
certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS
FIRST SHIPPED IN THE UNITED STATES{time} , located at {ADDRESS OF
SHIPMENT{time} .
(E) Select appropriate statement below:
__I have direct personal knowledge of the facts regarding the
end use of the imported product because my company is the end user
of the imported product covered by this certification and I certify
that the imported subject-paper rolls will not be used to produce
subject merchandise. ``Direct personal knowledge'' includes
information contained within my company's books and records.
__I have personal knowledge of the facts regarding the end use
of the imported product because my company is not the end user of
the imported product covered by this certification. However, I have
been able to contact the end user of the imported product and
confirm that it will not use this product to produce subject
merchandise. The end user of the imported product is {COMPANY
NAME{time} located at {ADDRESS{time} . ``Personal knowledge''
includes facts obtained from another party (e.g., correspondence
received by the importer from the end user of the product).
(F) The imported subject-paper rolls covered by this
certification will not be further processed into uncoated paper
sheets in the United States, and will not be sold to Advanced Paper
Enterprises, Inc., Alliance Converting LLC, Case Paper Company Inc.,
LinkMax Paper, Midwest Converting, Mohawk Fine Papers Inc., or
Northwoods Paper Converting.
(G) This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:
(H) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, production
records, invoices, etc.) for the later of: (1) A period of
[[Page 71031]]
five years from the date of entry; or (2) a period of three years
after the conclusion of any litigation in the United States courts
regarding such entries.
(I) I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide this certification and supporting records to
U.S. Customs and Border Protection (CBP) and/or the Department of
Commerce (Commerce), upon request by the respective agency.
(J) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(K) I understand that failure to maintain the required
certifications, and/or failure to substantiate the claims made
herein, and/or failure to allow CBP and/or Commerce to verify the
claims made herein, may result in a de facto determination that all
entries to which this certification applies are within the scope of
the antidumping/countervailing duty orders on certain uncoated paper
from Indonesia. I understand that such finding will result in:
(i) Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the requirement that the importer post applicable
antidumping duty and/or countervailing duty cash deposits (as
appropriate) equal to the rates determined by Commerce; and
(iii) the revocation of {NAME OF IMPORTING COMPANY{time} 's
privilege to certify future imports of subject-paper rolls from
Indonesia as not being imported for purposes of further processing
into the United States into uncoated paper sheets.
(L) I understand that agents of the importer, such as brokers,
are not permitted to make this certification. Where a broker or
other party was used to facilitate the entry process, {NAME OF
IMPORTING COMPANY{time} obtained the entry summary number and date
of entry summary from that party.
(M) This certification was completed at or prior to the date of
entry summary.
(N) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE{time}
[FR Doc. 2021-26996 Filed 12-13-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 14, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.