Notice2022-24605
Certain Uncoated Paper From Australia: Negative Final Determination of Circumvention of the Antidumping Duty Order 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
November 10, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of certain uncoated paper rolls from Australia were not completed by conversion into subject sheets of paper in the United States and, therefore, such imports are not circumventing the antidumping duty (AD) order on certain uncoated paper from Australia, within the meaning of section 781(a) of the Tariff Act of 1930, as amended (the Act).
Full Text
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<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
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[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67869-67870]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24605]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-807]
Certain Uncoated Paper From Australia: Negative Final
Determination of Circumvention of the Antidumping Duty Order for
Certain Uncoated Paper Rolls
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of certain uncoated paper rolls from Australia were not
completed by conversion into subject sheets of paper in the United
States and, therefore, such imports are not circumventing the
antidumping duty (AD) order on certain uncoated paper from Australia,
within the meaning of section 781(a) of the Tariff Act of 1930, as
amended (the Act).
DATES: Applicable November 10, 2022.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, 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.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2021, Commerce published in the Federal Register its
preliminary negative circumvention determination \1\ finding that
imports of certain uncoated paper rolls from Australia were not
completed by conversion into sheets subject to the Order \2\ during the
inquiry period. During August and September 2022, Commerce verified the
questionnaire responses of the sole producer/exporter of certain
uncoated paper rolls, Paper Australia Pty. Ltd., and its U.S.
affiliate,
[[Page 67870]]
Paper Products Marketing (USA) Inc.\3\ No interested parties submitted
case briefs.
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\1\ See Certain Uncoated Paper from Australia: Negative
Preliminary Determination of Circumvention of the Antidumping Duty
Order for Uncoated Paper Rolls, 86 FR 7256 (January 27, 2021), and
accompanying Preliminary Decision Memorandum (PDM).
\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)
(Order).
\3\ See Memoranda, ``Verification of Paper Australia Pty. Ltd.'s
Responses,'' dated September 21, 2022; and ``Verification of Paper
Products Marketing (USA) Inc.,'' dated September 21, 2022.
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Scope of the Order
The merchandise subject to this Order 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 \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 this Order.\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 Order is dispositive.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers certain uncoated paper rolls that
are commonly, but not exclusively, known as ``sheeter rolls,'' from
Australia that are further processed in the United States into
individual sheets of uncoated paper that would otherwise be subject to
the Order (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
this inquiry are able to be 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. The paper rolls covered by this inquiry are
classified under HTSUS subheading 4802.55.
Methodology
Commerce conducted this circumvention inquiry in accordance with
section 781(a) of the Act.\6\ We have continued to apply this
methodology, and incorporate by reference this description of the
methodology, for our final determination.
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\6\ See Preliminary Results PDM for a full description of the
methodology.
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Final Determination
We determine that the uncoated paper rolls from Australia that are
subject to this inquiry are not being completed by conversion in the
United States into sheets of uncoated paper that would otherwise be
subject to the Order. Therefore, these exports to the United States of
uncoated paper rolls from Australia are not circumventing the Order.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an 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).
Dated: November 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-24605 Filed 11-9-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 10, 2022.
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