Notice2022-02686
Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Continuation of Antidumping Duty and Countervailing Duty Orders
Primary source
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Published
February 9, 2022
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) that revocation of the antidumping duty (AD) orders on certain uncoated paper (uncoated paper) from Australia, Brazil, the People's Republic of China (China), Indonesia, and Portugal, and the countervailing duty (CVD) orders on uncoated paper from China and Indonesia, would likely lead to a continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 87 Issue 27 (Wednesday, February 9, 2022)</title>
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[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7426-7428]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02686]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-807; A-351-842; A-570-022; A-560-828; A-471-807; C-570-023; C-
560-829]
Certain Uncoated Paper From Australia, Brazil, the People's
Republic of China, Indonesia, and Portugal: Continuation of Antidumping
Duty and Countervailing Duty Orders
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) that
revocation of the antidumping duty (AD) orders on certain uncoated
paper (uncoated paper) from Australia, Brazil, the People's Republic of
China (China), Indonesia, and Portugal, and the countervailing duty
(CVD) orders on uncoated paper from China and Indonesia, would likely
lead to a continuation or recurrence of dumping, net countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD and CVD
orders.
DATES: Applicable February 9, 2022.
FOR FURTHER INFORMATION CONTACT: Patrick Barton, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0012.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2016, Commerce published AD orders on uncoated paper
from Australia, Brazil, China, Indonesia, and Portugal, and CVD orders
on uncoated paper from China and
[[Page 7427]]
Indonesia.\1\ On February 1, 2021, Commerce initiated the first five-
year (sunset) reviews of the Orders pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).\2\ As a result of its
reviews, Commerce determined that revocation of the AD Orders would
likely lead to a continuation or recurrence of dumping and that
revocation of the CVD Orders would likely lead to the continuation or
recurrence of countervailable subsidies. Therefore, Commerce notified
the ITC of the magnitude of the margins and net countervailable subsidy
rates likely to prevail should the Orders be revoked.\3\ On February 3,
2022, the ITC published its determination, pursuant to section 751(c)
of the Act, that revocation of the Orders would likely lead to a
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\4\
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\1\ 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)
(AD Orders); see also Certain Uncoated Paper from Indonesia and the
People's Republic of China: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order (Indonesia) and
Countervailing Duty Order (People's Republic of China), 81 FR 11187
(March 3, 2016) (CVD Orders) (collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 7709
(February 1, 2021).
\3\ See Uncoated Paper from Australia, Brazil, the People's
Republic of China, Indonesia, and Portugal: Final Results of the
Expedited First Sunset Reviews of the Antidumping Duty Orders, 86 FR
29248 (June 1, 2021), and accompanying Issues and Decision
Memorandum (IDM); Certain Uncoated Paper from Indonesia: Final
Results of the Expedited Five-Year Sunset Review of the
Countervailing Duty Order; 86 FR 29243 (June 1, 2021), and
accompanying IDM; and Certain Uncoated Paper from the People's
Republic of China: Final Results of the Expedited Five-Year Sunset
Review of the Countervailing Duty Order; 86 FR 30260 (June 7, 2021),
and accompanying IDM.
\4\ See Uncoated Paper from Australia, Brazil, China, Indonesia,
and Portugal, 87 FR 6203 (February 3, 2022); see also Uncoated Paper
from Australia, Brazil, China, Indonesia, and Portugal (Inv. Nos.
701-TA-528-529 and 731-TA-1264-1268 (Review), USITC Publication
5275, January 2022).
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Scope of the Orders
The scope of the Orders includes uncoated paper in sheet 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 3 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).
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 December 14, 2021, Commerce determined that imports of 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 the scope of these Orders 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 these
Orders. Failure to comply with the requisite certification requirement
may result in the merchandise being found subject to AD and CVD
duties.\5\
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\5\ See 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, 86 FR 71025 (December
14, 2021).
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Imports of the subject merchandise are provided for under
Harmonized Tariff Schedule of the United States (HTSUS) categories
4802.55.1000, 4802.55.2000, 4802.55.3000, 4802.55.4000, 4802.55.6000,
4802.55.7020, 4802.55.7040, 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.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the AD orders on
uncoated paper from Australia, Brazil, China, Indonesia, and Portugal,
and the continuation of the CVD orders on uncoated paper from China and
Indonesia. U.S. Customs and Border Protection will continue to collect
AD and CVD 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 Orders 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
reviews of the Orders 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.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with
[[Page 7428]]
section 751(c) of the Act and published pursuant to section 777(i)(1)
of the Act.
Dated: February 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-02686 Filed 2-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 9, 2022.
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