Certain Uncoated Paper From Australia: Negative Preliminary Determination of Circumvention of the Antidumping Duty Order for Uncoated Paper Rolls, 7256-7257 [2021-01784]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 7256 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices Title: EU-U.S. Privacy Shield; Invitation for Applications for Inclusion on the List of Arbitrators. OMB Control Number: 0625–0277. Form Number(s): None. Type of Request: Regular submission, revision of a current information collection. Number of Respondents: 40. Average Hours per Response: 240 minutes. Burden Hours: 160 hours. Needs and Uses: As described in Annex I of the EU-U.S. Privacy Shield Framework, the Department of Commerce (the Department) and the European Commission (the Commission) committed to implement an arbitration mechanism to provide European individuals with the ability to invoke binding arbitration to determine, for residual claims, whether an organization has violated its obligations under the Privacy Shield. Organizations voluntarily self-certify to the EU-U.S. Privacy Shield Framework and, upon certification, the commitments the organization has made to comply with the EU-U.S. Privacy Shield Framework become legally enforceable under U.S. law. Organizations that self-certify to the EU-U.S. Privacy Shield Framework commit to binding arbitration of residual claims if a European individual chooses to exercise that option. Under the arbitration option, a Privacy Shield Panel (consisting of one or three arbitrators, as agreed by the parties) has the authority to impose individualspecific, non-monetary equitable relief (such as access, correction, deletion, or return of the European individual’s data in question) necessary to remedy the violation of the EU-U.S. Privacy Shield Framework only with respect to the European individual. The Department and the Commission will seek to maintain a list of at least 20 arbitrators chosen based on independence, integrity, and expertise from which the parties will select the arbitrators. The arbitral mechanism outlined in Annex I of the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework is a critical component of the Privacy Shield frameworks. Publishing this notice to collect information from individuals applying for inclusion on the list of arbitrators is a necessary step to maintain the arbitral mechanism. The Department previously requested and obtained approval of this information collection (OMB Control No. 0625– 0277) and now seeks renewal of this information collection. Although the Department is not currently seeking additional applications, it may do so in the future as appropriate. VerDate Sep<11>2014 17:04 Jan 26, 2021 Jkt 253001 Affected Public: Private individuals. Frequency: Recurrent, depending on the number of arbitrators required to retain an active list of 20 arbitrators. Respondent’s Obligation: Required to obtain or retain benefits. Legal Authority: The Department’s statutory authority to foster, promote, and develop international commerce (15 U.S.C. 1512). This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the collection or the OMB Control Number 0625–0277. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2021–01803 Filed 1–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–602–807] Certain Uncoated Paper From Australia: Negative Preliminary Determination of Circumvention of the Antidumping Duty Order for Uncoated Paper Rolls Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that imports of certain uncoated paper rolls from Australia were not completed by conversion into sheets of paper in the United States and, therefore, such imports are not circumventing the antidumping duty (AD) order on certain uncoated paper products from Australia, within the meaning of section 781(a) of the Tariff Act of 1930, as amended (the Act). We invite interested parties to comment on this preliminary determination. DATES: Applicable January 27, 2021. FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations, Office V, Enforcement and Compliance, AGENCY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3251. SUPPLEMENTARY INFORMATION: Background On October 10, 2019, Commerce initiated an anti-circumvention inquiry to determine whether imports of certain uncoated paper rolls that are further processed into uncoated paper sheets in the United States 1 are circumventing the Order on certain uncoated paper from Australia.2 Commerce issued a questionnaire soliciting data on the quantity and value (Q&V) of exports of uncoated paper rolls to Australian Paper Pty. Ltd. (Australian Paper) and received a timely response, in which Australian Paper notified Commerce that it had no shipments of inquiry merchandise during the period under consideration. Thereafter, Commerce selected Australian Paper as the sole mandatory respondent in this inquiry in order to examine its no shipment claim, and we issued an initial questionnaire and two supplemental questionnaires to this company. Australian Paper submitted timely responses to these questionnaires. For a complete description of the events that followed the initiation of this inquiry, see the Preliminary Decision Memorandum.3 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 1 See Certain Uncoated Paper Products from Australia, Brazil, the People’s Republic of China, and Indonesia: Initiation of Anti-Circumvention Inquiry on the Antidumping and Countervailing Duty Orders, 84 FR 55915 (October 18, 2019). 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 Memorandum, ‘‘Preliminary Decision Memorandum for the Anti-Circumvention Inquiry on the Antidumping Duty Order on Certain Uncoated Paper from Australia: Uncoated Paper Rolls,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 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. E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices 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). For a full description of the scope, see the Preliminary Decision Memorandum. Merchandise Subject to the AntiCircumvention Inquiry khammond on DSKJM1Z7X2PROD with NOTICES This anti-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 the ‘‘Scope’’ section of the Preliminary Decision Memorandum)), except as noted below. 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. 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 Harmonized Tariff Schedule (HTS) code 4802.55. Preliminary Negative Determination of Circumvention proprietary information until further notice.6 As detailed in the Preliminary Decision Memorandum, we preliminarily determine there is no record evidence indicating that Australian subject-paper rolls are being completed by conversion into sheets of uncoated paper that would otherwise be subject to the Order in the United States. We, therefore, preliminarily determine that exports to the United States of subject-paper rolls from Australia are not circumventing the Order. Notification to Interested Parties This notice is published in accordance with sections 781(a) and 777(i) of the Act and 19 CFR 351.225(g). Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Interested parties will be notified of the timeline for the submission of case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.5 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Methodology Compliance, U.S. Department of Commerce has made this preliminary Commerce, within 30 days after the date of publication of this notice. Requests negative circumvention determination in accordance with section 781(a) of the should contain the party’s name, address, and telephone number, the Act and 19 CFR 351.225(g). For a full number of participants, whether any description of the methodology participant is a foreign national, and a underlying Commerce’s preliminary list of the issues to be discussed. If a determination, see the Preliminary request for a hearing is made, Commerce Decision Memorandum. The Preliminary Decision Memorandum is a intends to hold the hearing at a time and date to be determined. Parties should public document and is on file confirm by telephone the date, time, and electronically via Enforcement and location of the hearing two days before Compliance’s Antidumping and the scheduled date of the hearing. Countervailing Duty Centralized Electronic Service System (ACCESS). Parties are reminded that briefs and ACCESS is available to registered users hearing requests are to be filed at https://access.trade.gov. In addition, a electronically using ACCESS and that complete version of the Preliminary electronically filed documents must be Decision Memorandum can be accessed received successfully in their entirety by directly at https://enforcement.trade.gov/ 5 p.m. Eastern Time on the due date. frn/. The signed and electronic versions Note that Commerce has temporarily of the Preliminary Decision modified certain of its requirements for Memorandum are identical in content. serving documents containing business A list of the topics discussed in the Preliminary Decision Memorandum is 5 See 19 CFR 351.309; and 19 CFR 351.303 (for general filing requirements). attached at the Appendix to this notice. VerDate Sep<11>2014 17:04 Jan 26, 2021 Jkt 253001 7257 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Dated: January 19, 2021. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Merchandise Subject to the AntiCircumvention Inquiry V. Period of Anti-Circumvention Inquiry VI. Statutory Framework VII. Anti-Circumvention Analysis VIII. Country-Wide Determination IX. Recommendation [FR Doc. 2021–01784 Filed 1–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–007] Barium Chloride From the People’s Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the antidumping duty order on barium chloride from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable January 27, 2021. FOR FURTHER INFORMATION CONTACT: Eliza Siordia, 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) 482–3878. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 17, 1984, Commerce issued the Order on barium chloride 6 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7256-7257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01784]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-807]


Certain Uncoated Paper From Australia: Negative Preliminary 
Determination of Circumvention of the Antidumping Duty Order for 
Uncoated Paper Rolls

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that imports of certain uncoated paper rolls from Australia were not 
completed by conversion into sheets of paper in the United States and, 
therefore, such imports are not circumventing the antidumping duty (AD) 
order on certain uncoated paper products from Australia, within the 
meaning of section 781(a) of the Tariff Act of 1930, as amended (the 
Act). We invite interested parties to comment on this preliminary 
determination.

DATES: Applicable January 27, 2021.

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 October 10, 2019, Commerce initiated an anti-circumvention 
inquiry to determine whether imports of certain uncoated paper rolls 
that are further processed into uncoated paper sheets in the United 
States \1\ are circumventing the Order on certain uncoated paper from 
Australia.\2\ Commerce issued a questionnaire soliciting data on the 
quantity and value (Q&V) of exports of uncoated paper rolls to 
Australian Paper Pty. Ltd. (Australian Paper) and received a timely 
response, in which Australian Paper notified Commerce that it had no 
shipments of inquiry merchandise during the period under consideration. 
Thereafter, Commerce selected Australian Paper as the sole mandatory 
respondent in this inquiry in order to examine its no shipment claim, 
and we issued an initial questionnaire and two supplemental 
questionnaires to this company. Australian Paper submitted timely 
responses to these questionnaires. For a complete description of the 
events that followed the initiation of this inquiry, see the 
Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper Products from Australia, Brazil, 
the People's Republic of China, and Indonesia: Initiation of Anti-
Circumvention Inquiry on the Antidumping and Countervailing Duty 
Orders, 84 FR 55915 (October 18, 2019).
    \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 Memorandum, ``Preliminary Decision Memorandum for the 
Anti-Circumvention Inquiry on the Antidumping Duty Order on Certain 
Uncoated Paper from Australia: Uncoated Paper Rolls,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

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

[[Page 7257]]

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). For a full description of the 
scope, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Merchandise Subject to the Anti-Circumvention Inquiry

    This anti-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 the ``Scope'' section of the Preliminary 
Decision Memorandum)), except as noted below. 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. 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 Harmonized Tariff Schedule (HTS) code 4802.55.

Methodology

    Commerce has made this preliminary negative circumvention 
determination in accordance with section 781(a) of the Act and 19 CFR 
351.225(g). For a full description of the methodology underlying 
Commerce's preliminary determination, see the Preliminary Decision 
Memorandum. The Preliminary Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached at 
the Appendix to this notice.

Preliminary Negative Determination of Circumvention

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine there is no record evidence indicating that 
Australian subject-paper rolls are being completed by conversion into 
sheets of uncoated paper that would otherwise be subject to the Order 
in the United States. We, therefore, preliminarily determine that 
exports to the United States of subject-paper rolls from Australia are 
not circumventing the Order.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Interested parties 
will be notified of the timeline for the submission of case briefs and 
written comments at a later date. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than seven days after 
the deadline date for case briefs.\5\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309; and 19 CFR 351.303 (for general filing 
requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date of the 
hearing.
    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\6\
---------------------------------------------------------------------------

    \6\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is published in accordance with sections 781(a) and 
777(i) of the Act and 19 CFR 351.225(g).

    Dated: January 19, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Anti-Circumvention Inquiry
V. Period of Anti-Circumvention Inquiry
VI. Statutory Framework
VII. Anti-Circumvention Analysis
VIII. Country-Wide Determination
IX. Recommendation

[FR Doc. 2021-01784 Filed 1-26-21; 8:45 am]
BILLING CODE 3510-DS-P