Certain Uncoated Paper From Indonesia: Affirmative Preliminary Determinations of Circumvention of the Antidumping and Countervailing Duty Orders for Uncoated Paper Rolls, 7266-7269 [2021-01785]
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Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amount indicated above for Yama, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption, on or after the date of
publication of the final results of
review. For all non-reviewed firms, we
will instruct CBP to collect cash
deposits of estimated countervailing
duties at the most recent companyspecific or all-others rate applicable to
the company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
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. Diversification of China’s Economy
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Discount
Rates, Inputs, and Electricity
Benchmarks
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021–01786 Filed 1–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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[A–560–828, C–560–829]
Certain Uncoated Paper From
Indonesia: Affirmative Preliminary
Determinations of Circumvention of
the Antidumping and Countervailing
Duty Orders 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 Indonesia are circumventing
AGENCY:
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the antidumping duty (AD) and
countervailing duty (CVD) orders on
certain uncoated paper from Indonesia.
As a result, all imports of certain
uncoated paper rolls from Indonesia
from certain non-responsive converters 1
will be subject to suspension of
liquidation on or after October 18, 2019.
All remaining imports of certain
uncoated paper rolls from Indonesia
will be subject to suspension of
liquidation on or after the date of
publication of this preliminary
determination. Commerce is also
imposing a certification requirement.
We invite interested parties to comment
on these preliminary determinations.
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 18, 2019, Commerce
initiated anti-circumvention inquiries to
determine whether imports of certain
uncoated paper rolls that are further
processed into uncoated paper sheets in
the United States 2 are circumventing
the Orders 3 on certain uncoated paper
from Indonesia. Commerce issued
questionnaires soliciting data on the
quantity and value of exports of
uncoated paper rolls to various
companies. We received responses to
these questionnaires from all parties
except Midwest Converting and
Mohawk Fine Papers Inc.
1 The non-responsive converters are: Advanced
Paper Enterprises, Inc.; Alliance Converting LLC;
Case Paper Company Inc.; LinkMax Paper; Midwest
Converting; Mohawk Fine Papers Inc.; and
Northwoods Paper Converting (collectively, nonresponsive converters). See Memorandum,
‘‘Preliminary Decision Memorandum for the AntiCircumvention Inquiries on the Antidumping and
Countervailing Duty Orders on Certain Uncoated
Paper from Indonesia,’’ dated concurrently with
this notice (Preliminary Decision Memorandum) at
‘‘Use of Facts Available and Use of Facts Available
with an Adverse Inference.’’
2 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)
(Initiation Notice).
3 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); see also Certain Uncoated
Paper from Indonesia and the People’s Republic of
China: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
81 FR 11187 (March 3, 2016) (collectively, Orders).
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Subsequently, Commerce selected
three Indonesian companies/company
groups as mandatory respondents—
APRIL Fine Paper Macao Offshore
Limited/APRIL International Enterprise
Pte. Ltd./A P Fine Paper Trading (Hong
Kong) Limited/PT Anugrah Kertas
Utama,/PT Riau Andalan Kertas
(collectively, APRIL); Great Champ
Trading Limited (Great Champ); and PT.
Indah Kiat Pulp and Paper Tbk/PT.
Pabrik Kertas Tjiwi Kimia Tbk/Pindo
Deli Pulp and Paper (collectively, APP
Indonesian Mills)—and required them
to respond to a full questionnaire
relating to their export activity with
respect to uncoated paper rolls.4 We
additionally determined to examine
merchandise imported by three U.S.
companies and to obtain information
related to their paper conversion
operations from nine additional U.S.
companies.5 We received full
questionnaire, supplemental
questionnaire, and conversion
questionnaire responses, as applicable
from six of these companies and a
partial response from a seventh
company, CellMark Paper, Inc.
(CellMark). Five companies (i.e.,
Advanced Paper Enterprises, Inc.;
Alliance Converting LLC; Case Paper
Company Inc.; LinkMax; and
Northwoods Paper Converting) failed to
respond. For a complete description of
the events that followed the initiation of
these inquiries, see the Preliminary
Decision Memorandum.
Scope of the Orders
The merchandise subject to 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
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). For a full
description of the scope, see the
Preliminary Decision Memorandum.6
4 See Memorandum, ‘‘Respondent Selection,’’
dated May 18, 2020. As discussed in that document,
we have previously found the various APRIL and
APP Indonesian Mills companies as single entities
in prior segments of this proceeding. In the absence
of comments from any interested parties and any
contrary information, we continue to treat these
parties as single entities in this segment.
5 Id.
6 See Memorandum, ‘‘Preliminary Decision
Memorandum for Anti-Circumvention Inquiry of
the Antidumping Duty Order on Certain Uncoated
Paper from Indonesia: Uncoated Paper Rolls,’’ dated
concurrently, and hereby adopted, with this notice
(Preliminary Decision Memorandum).
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Merchandise Subject to the AntiCircumvention Inquiries
These anti-circumvention inquiries
cover certain uncoated paper rolls that
are commonly, but not exclusively,
known as ‘‘sheeter rolls,’’ from
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
in the ‘‘Scope’’ of the Preliminary
Decision Memorandum)), except as
noted below. The uncoated paper rolls
covered by these inquiries 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 ‘‘subjectpaper rolls’’ when referencing the
certain uncoated paper rolls that may be
converted into subject merchandise.
Subject-paper rolls are classified under
Harmonized Tariff Schedule category
4802.55.7
Certain importers of subject-paper
rolls that will not be converted into
subject merchandise may certify that the
subject-paper rolls will not be further
processed into subject merchandise
covered by the scope of the Orders.
Failure to comply with the requisite
certification requirement may result in
the merchandise being found subject to
AD/CVD duties.
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Methodology
Commerce made these preliminary
findings of circumvention in accordance
with section 781(a) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.225(g). We relied on information
placed on the record by petitioners,8
respondents, and other interested
parties. Further, because CellMark and
the non-responsive converters did not
cooperate by failing to respond to the
best of their abilities to Commerce’s
requests for information, we have used
adverse inferences, either in whole or in
part, when selecting from among the
facts otherwise available on the record
for certain aspects of these preliminary
7 See
Initiation Notice, 84 FR at 55917.
petitioners are: Domtar Corporation;
Packaging Corporation of America; North Pacific
Paper Company; Finch Paper LLC; and the United
Steel, Paper, and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers
International Union.
8 The
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determinations, pursuant to sections
776(a) and (b) of the Act.9
For a full description of the
methodology underlying our
conclusions, 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 Appendix I to this notice.
Affirmative Preliminary
Determinations of Circumvention
Based on our analysis, as detailed in
the Preliminary Decision Memorandum,
we preliminarily find, pursuant to
section 781(a) of the Act, that imports
from Indonesia of uncoated paper rolls
that meet the description of inquiry
merchandise above (i.e., subject-paper
rolls) that are further processed in the
United States into subject merchandise
are circumventing the Orders.
To administer these affirmative
circumvention determinations,
Commerce is requiring that importers of
certain paper rolls from Indonesia that
otherwise match the physical
description of subject-paper rolls and
will not be further processed into
uncoated paper sheets subject to the
Orders certify that the merchandise will
not be further processed into subject
uncoated paper sheets. Importers of
such merchandise will be required to
certify and maintain their certifications
and supporting documentation to
provide to U.S. Customs and Border
Protection (CBP) and/or Commerce
upon request.10 Properly certified
entries are not subject to AD/CVD duties
under the Orders. Exemption from AD/
CVD duties under the Orders is
permitted only if the certification and
documentation requirements specified
in Appendices II and III are met.
Entries of subject-paper rolls
purchased by the non-responsive
converters (i.e., Advanced Paper
Enterprises, Inc., Alliance Converting
LLC, Case Paper Company Inc.,
9 See Preliminary Decision Memorandum at
Section VII.
10 The importer certification is provided at
Appendix III.
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LinkMax Paper, Midwest Converting,
Mohawk Fine Papers Inc., and
Northwoods Paper Converting) are not
eligible for certification.
Suspension of Liquidation
In accordance with 19 CFR
351.225(l)(2), for entries of subject-paper
rolls that were imported or purchased
by the non-responsive converters (i.e.,
Advanced Paper Enterprises, Inc.;
Alliance Converting LLC; Case Paper
Company Inc.; LinkMax Paper; Midwest
Converting; Mohawk Fine Papers Inc.;
and Northwoods Paper Converting),
Commerce will instruct CBP to suspend
liquidation of subject-paper rolls (as
defined in the ‘‘Merchandise Subject to
the Anti-Circumvention Inquiries’’
section above) from Indonesia that are
entered, or withdrawn from warehouse,
for consumption on or after October 18,
2019, the date of publication of the
initiation of these anti-circumvention
inquiries in the Federal Register.11 For
all other entries of subject-paper rolls,
Commerce will instruct CBP to suspend
liquidation of the subject-paper rolls
from Indonesia that are entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of these preliminary
determinations.
CBP shall require cash deposits in
accordance with those rates prevailing
at the time of entry, unless the importer
can certify to CBP that the subject-paper
rolls will not be further processed into
uncoated paper sheets subject to the
Orders in the United States, and that the
purchaser and/or end user is not
Advanced Paper Enterprises, Inc.,
Alliance Converting LLC, Case Paper
Company Inc., LinkMax Paper, Midwest
Converting, Mohawk Fine Papers Inc.,
or Northwoods Paper Converting.12 In
that latter instance, no cash deposit rate
will be required. Subject-paper rolls
meeting the physical characteristics
described above, which are imported
and/or purchased by the non-responsive
converters (i.e., Advanced Paper
Enterprises, Inc., Alliance Converting
LLC, Case Paper Company Inc.,
LinkMax Paper, Midwest Converting,
Mohawk Fine Papers Inc., and
11 See Preliminary Decision Memorandum at
‘‘Use of Facts Available with an Adverse Inference’’;
see also Anti-Circumvention Inquiry of the
Antidumping Duty Order on Certain Pasta from
Italy: Affirmative Preliminary Determination of
Circumvention of the Antidumping Duty Order, 63
FR 18364, 18366 (April 15, 1998), unchanged in
Anti-Circumvention Inquiry of the Antidumping
Duty Order on Certain Pasta from Italy: Affirmative
Final Determination of Circumvention of the
Antidumping Duty Order, 63 FR 54672, 54675–76
(October 13, 1998).
12 See Appendix II for the certification
requirements and Appendix III for the importer
certification.
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Northwoods Paper Converting), are not
eligible for certification.
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Public Comment
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than seven days after the time limit
for filing case briefs. Parties who submit
case briefs or rebuttal briefs in this
proceeding 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.13 Case and rebuttal briefs
should be filed electronically via
ACCESS.14
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.15 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.16
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.17
Notification to the U.S. International
Trade Commission (ITC)
Consistent with section 781(e) of the
Act, Commerce is notifying the ITC of
these affirmative preliminary
determinations to include the
merchandise subject to these inquiries
within the AD/CVD Orders on uncoated
paper from Indonesia. Pursuant to
section 781(e) of the Act, the ITC may
request consultations concerning
Commerce’s proposed inclusion in the
Orders of the inquiry merchandise.
These consultations must be concluded
within 15 days after the date of the
request. If, after consultations, the ITC
believes that a significant injury issue is
13 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303.
15 See 19 CFR 351.310(c).
16 Id.
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
14 See
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presented by the proposed inclusion, it
will have 60 days to provide written
advice to Commerce.
Notification to Interested Parties
This notice is published in
accordance with section 781(a) of the
Act and 19 CFR 351.225(g).
Dated: January 19, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the AntiCircumvention Inquiries
V. Period of Anti-Circumvention Inquiries
VI. Statutory Framework
VII. Use of Facts Available With an Adverse
Inference
VIII. Anti-Circumvention Analysis
IX. Country-Wide Determination
X. Certification Requirement
XI. Recommendation
Appendix II—Certification
Requirements
If an importer imports subject-paper rolls
from Indonesia and claims that the subjectpaper 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 III 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 preliminary 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
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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 such shipments and/or entries on or
after the date of publication of these
preliminary determinations in the Federal
Register, through 14 days after the date of
publication of these preliminary
determinations in the Federal Register, for
which certifications are required, importers
should complete the required certifications
no later than 14 days after the date of
publication of these preliminary
determinations in the Federal Register.
Accordingly, where appropriate, the
relevant bullet in the certification should be
edited to reflect that the certification was
completed within the time frame specified
above. For example, the bullet in the
importer certification that reads: ‘‘This
certification was completed at or prior to the
time of Entry Summary,’’ could be edited as
follows: ‘‘The imports referenced herein
entered on {insert date}. This certification
was completed on mm/dd/yyyy, within 14
days of the publication date of the Federal
Register notice of the preliminary
determinations of circumvention.’’
For all shipments and/or entries made later
than the 14th day after the date of
publication of these preliminary
determinations in the Federal Register for
which certifications are required, importers
should complete the required certification at
or prior to the date of Entry Summary.
Appendix III—Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official of
{NAME OF IMPORTING COMPANY},
located at {ADDRESS OF IMPORTING
COMPANY}.
(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
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this certification were imported by {NAME
OF IMPORTING COMPANY} on behalf of
{NAME OF U.S. CUSTOMER}, located at
{ADDRESS OF U.S. CUSTOMER}.
(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}, located at
{ADDRESS OF SHIPMENT}.
(E) Select appropriate statement below:
lI 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} located at {ADDRESS}. ‘‘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. (Note: For certifications
related to entries made on or after January 19,
2021, and through 14 days after the
publication of the Preliminary
Determinations, the importer should replace
‘‘will not be further processed’’ with ‘‘were
not further processed’’ in the certification, as
necessary).
(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} 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} is required to
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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}’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} 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}
{TITLE}
7269
at less than normal value during the
period of review (POR) March 1, 2018
through February 28, 2019.
DATES: Applicable January 27, 2021.
FOR FURTHER INFORMATION CONTACT:
Robert Scully, 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) 482–0572.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2020, Commerce
published the Preliminary Results.1 On
April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days.2 On July 21, 2020, Commerce
tolled all deadlines in administrative
reviews by an additional 60 days.3
Commerce extended the deadline for the
final results further by 60 days on
October 23, 2020.4 The deadline for the
final results of this review is now
January 19, 2021. For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.5
Scope of the Order
The products covered by this order
are certain uncoated paper products
from Portugal. For a full description of
the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised and
to which we responded in the Issues
and Decision Memorandum is attached
to this notice as an Appendix. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
[FR Doc. 2021–01785 Filed 1–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–471–807]
Certain Uncoated Paper From
Portugal: Final Results of Antidumping
Duty Administrative Review; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
uncoated paper (uncoated paper) from
Portugal was sold in the United States
AGENCY:
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
1 See Certain Uncoated Paper from Portugal:
Preliminary Results of the Administrative Review of
the Antidumping Duty Order; 2018–2019, 85 FR
18554 (April 2, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
4 See Memorandum, ‘‘Certain Uncoated Paper
from Portugal: Extension of Deadline for Final
Results of Antidumping Duty Administrative
Review, 2018–2019,’’ dated October 23, 2020.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2018–
2019 Administrative Review of the Antidumping
Duty Order on Certain Uncoated Paper from
Portugal,’’ dated concurrently with and hereby
adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\27JAN1.SGM
27JAN1
]]>Agencies
[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7266-7269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01785]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-828, C-560-829]
Certain Uncoated Paper From Indonesia: Affirmative Preliminary
Determinations of Circumvention of the Antidumping and Countervailing
Duty Orders 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 Indonesia are
circumventing the antidumping duty (AD) and countervailing duty (CVD)
orders on certain uncoated paper from Indonesia. As a result, all
imports of certain uncoated paper rolls from Indonesia from certain
non-responsive converters \1\ will be subject to suspension of
liquidation on or after October 18, 2019. All remaining imports of
certain uncoated paper rolls from Indonesia will be subject to
suspension of liquidation on or after the date of publication of this
preliminary determination. Commerce is also imposing a certification
requirement. We invite interested parties to comment on these
preliminary determinations.
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\1\ The non-responsive converters are: Advanced Paper
Enterprises, Inc.; Alliance Converting LLC; Case Paper Company Inc.;
LinkMax Paper; Midwest Converting; Mohawk Fine Papers Inc.; and
Northwoods Paper Converting (collectively, non-responsive
converters). See Memorandum, ``Preliminary Decision Memorandum for
the Anti-Circumvention Inquiries on the Antidumping and
Countervailing Duty Orders on Certain Uncoated Paper from
Indonesia,'' dated concurrently with this notice (Preliminary
Decision Memorandum) at ``Use of Facts Available and Use of Facts
Available with an Adverse Inference.''
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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 18, 2019, Commerce initiated anti-circumvention
inquiries to determine whether imports of certain uncoated paper rolls
that are further processed into uncoated paper sheets in the United
States \2\ are circumventing the Orders \3\ on certain uncoated paper
from Indonesia. Commerce issued questionnaires soliciting data on the
quantity and value of exports of uncoated paper rolls to various
companies. We received responses to these questionnaires from all
parties except Midwest Converting and Mohawk Fine Papers Inc.
---------------------------------------------------------------------------
\2\ 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) (Initiation Notice).
\3\ 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);
see also Certain Uncoated Paper from Indonesia and the People's
Republic of China: Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 81 FR 11187 (March 3,
2016) (collectively, Orders).
---------------------------------------------------------------------------
Subsequently, Commerce selected three Indonesian companies/company
groups as mandatory respondents--APRIL Fine Paper Macao Offshore
Limited/APRIL International Enterprise Pte. Ltd./A P Fine Paper Trading
(Hong Kong) Limited/PT Anugrah Kertas Utama,/PT Riau Andalan Kertas
(collectively, APRIL); Great Champ Trading Limited (Great Champ); and
PT. Indah Kiat Pulp and Paper Tbk/PT. Pabrik Kertas Tjiwi Kimia Tbk/
Pindo Deli Pulp and Paper (collectively, APP Indonesian Mills)--and
required them to respond to a full questionnaire relating to their
export activity with respect to uncoated paper rolls.\4\ We
additionally determined to examine merchandise imported by three U.S.
companies and to obtain information related to their paper conversion
operations from nine additional U.S. companies.\5\ We received full
questionnaire, supplemental questionnaire, and conversion questionnaire
responses, as applicable from six of these companies and a partial
response from a seventh company, CellMark Paper, Inc. (CellMark). Five
companies (i.e., Advanced Paper Enterprises, Inc.; Alliance Converting
LLC; Case Paper Company Inc.; LinkMax; and Northwoods Paper Converting)
failed to respond. For a complete description of the events that
followed the initiation of these inquiries, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Respondent Selection,'' dated May 18,
2020. As discussed in that document, we have previously found the
various APRIL and APP Indonesian Mills companies as single entities
in prior segments of this proceeding. In the absence of comments
from any interested parties and any contrary information, we
continue to treat these parties as single entities in this segment.
\5\ Id.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise subject to 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 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). For a full
description of the scope, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Preliminary Decision Memorandum for Anti-
Circumvention Inquiry of the Antidumping Duty Order on Certain
Uncoated Paper from Indonesia: Uncoated Paper Rolls,'' dated
concurrently, and hereby adopted, with this notice (Preliminary
Decision Memorandum).
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[[Page 7267]]
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 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 in the ``Scope'' of the Preliminary Decision
Memorandum)), except as noted below. The uncoated paper rolls covered
by these inquiries 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 category 4802.55.\7\
---------------------------------------------------------------------------
\7\ See Initiation Notice, 84 FR at 55917.
---------------------------------------------------------------------------
Certain importers of subject-paper rolls that will not be converted
into subject merchandise may certify that the subject-paper rolls will
not be further processed into subject merchandise covered by the scope
of the Orders. Failure to comply with the requisite certification
requirement may result in the merchandise being found subject to AD/CVD
duties.
Methodology
Commerce made these preliminary findings of circumvention in
accordance with section 781(a) of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.225(g). We relied on information placed on the
record by petitioners,\8\ respondents, and other interested parties.
Further, because CellMark and the non-responsive converters did not
cooperate by failing to respond to the best of their abilities to
Commerce's requests for information, we have used adverse inferences,
either in whole or in part, when selecting from among the facts
otherwise available on the record for certain aspects of these
preliminary determinations, pursuant to sections 776(a) and (b) of the
Act.\9\
---------------------------------------------------------------------------
\8\ The petitioners are: Domtar Corporation; Packaging
Corporation of America; North Pacific Paper Company; Finch Paper
LLC; and the United Steel, Paper, and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union.
\9\ See Preliminary Decision Memorandum at Section VII.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, 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 Appendix I to this notice.
Affirmative Preliminary Determinations of Circumvention
Based on our analysis, as detailed in the Preliminary Decision
Memorandum, we preliminarily find, pursuant to section 781(a) of the
Act, that imports from Indonesia of uncoated paper rolls that meet the
description of inquiry merchandise above (i.e., subject-paper rolls)
that are further processed in the United States into subject
merchandise are circumventing the Orders.
To administer these affirmative circumvention determinations,
Commerce is requiring that importers of certain paper rolls from
Indonesia that otherwise match the physical description of subject-
paper rolls and will not be further processed into uncoated paper
sheets subject to the Orders certify that the merchandise will not be
further processed into subject uncoated paper sheets. Importers of such
merchandise will be required to certify and maintain their
certifications and supporting documentation to provide to U.S. Customs
and Border Protection (CBP) and/or Commerce upon request.\10\ Properly
certified entries are not subject to AD/CVD duties under the Orders.
Exemption from AD/CVD duties under the Orders is permitted only if the
certification and documentation requirements specified in Appendices II
and III are met.
---------------------------------------------------------------------------
\10\ The importer certification is provided at Appendix III.
---------------------------------------------------------------------------
Entries of subject-paper rolls purchased by the non-responsive
converters (i.e., Advanced Paper Enterprises, Inc., Alliance Converting
LLC, Case Paper Company Inc., LinkMax Paper, Midwest Converting, Mohawk
Fine Papers Inc., and Northwoods Paper Converting) are not eligible for
certification.
Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), for entries of subject-
paper rolls that were imported or purchased by the non-responsive
converters (i.e., Advanced Paper Enterprises, Inc.; Alliance Converting
LLC; Case Paper Company Inc.; LinkMax Paper; Midwest Converting; Mohawk
Fine Papers Inc.; and Northwoods Paper Converting), Commerce will
instruct CBP to suspend liquidation of subject-paper rolls (as defined
in the ``Merchandise Subject to the Anti-Circumvention Inquiries''
section above) from Indonesia that are entered, or withdrawn from
warehouse, for consumption on or after October 18, 2019, the date of
publication of the initiation of these anti-circumvention inquiries in
the Federal Register.\11\ For all other entries of subject-paper rolls,
Commerce will instruct CBP to suspend liquidation of the subject-paper
rolls from Indonesia that are entered, or withdrawn from warehouse, for
consumption on or after the date of publication of these preliminary
determinations.
---------------------------------------------------------------------------
\11\ See Preliminary Decision Memorandum at ``Use of Facts
Available with an Adverse Inference''; see also Anti-Circumvention
Inquiry of the Antidumping Duty Order on Certain Pasta from Italy:
Affirmative Preliminary Determination of Circumvention of the
Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998),
unchanged in Anti-Circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Final Determination
of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675-
76 (October 13, 1998).
---------------------------------------------------------------------------
CBP shall require cash deposits in accordance with those rates
prevailing at the time of entry, unless the importer can certify to CBP
that the subject-paper rolls will not be further processed into
uncoated paper sheets subject to the Orders in the United States, and
that the purchaser and/or end user is not Advanced Paper Enterprises,
Inc., Alliance Converting LLC, Case Paper Company Inc., LinkMax Paper,
Midwest Converting, Mohawk Fine Papers Inc., or Northwoods Paper
Converting.\12\ In that latter instance, no cash deposit rate will be
required. Subject-paper rolls meeting the physical characteristics
described above, which are imported and/or purchased by the non-
responsive converters (i.e., Advanced Paper Enterprises, Inc., Alliance
Converting LLC, Case Paper Company Inc., LinkMax Paper, Midwest
Converting, Mohawk Fine Papers Inc., and
[[Page 7268]]
Northwoods Paper Converting), are not eligible for certification.
---------------------------------------------------------------------------
\12\ See Appendix II for the certification requirements and
Appendix III for the importer certification.
---------------------------------------------------------------------------
Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the time limit for filing case briefs. Parties who
submit case briefs or rebuttal briefs in this proceeding 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.\13\ Case and
rebuttal briefs should be filed electronically via ACCESS.\14\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303.
---------------------------------------------------------------------------
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.\15\ 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.\16\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(c).
\16\ Id.
---------------------------------------------------------------------------
Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\17\
---------------------------------------------------------------------------
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Notification to the U.S. International Trade Commission (ITC)
Consistent with section 781(e) of the Act, Commerce is notifying
the ITC of these affirmative preliminary determinations to include the
merchandise subject to these inquiries within the AD/CVD Orders on
uncoated paper from Indonesia. Pursuant to section 781(e) of the Act,
the ITC may request consultations concerning Commerce's proposed
inclusion in the Orders of the inquiry merchandise. These consultations
must be concluded within 15 days after the date of the request. If,
after consultations, the ITC believes that a significant injury issue
is presented by the proposed inclusion, it will have 60 days to provide
written advice to Commerce.
Notification to Interested Parties
This notice is published in accordance with section 781(a) of the
Act and 19 CFR 351.225(g).
Dated: January 19, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Anti-Circumvention Inquiries
V. Period of Anti-Circumvention Inquiries
VI. Statutory Framework
VII. Use of Facts Available With an Adverse Inference
VIII. Anti-Circumvention Analysis
IX. Country-Wide Determination
X. Certification Requirement
XI. Recommendation
Appendix II--Certification Requirements
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 III 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
preliminary 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 such shipments and/or entries on or after the date of
publication of these preliminary determinations in the Federal
Register, through 14 days after the date of publication of these
preliminary determinations in the Federal Register, for which
certifications are required, importers should complete the required
certifications no later than 14 days after the date of publication
of these preliminary determinations in the Federal Register.
Accordingly, where appropriate, the relevant bullet in the
certification should be edited to reflect that the certification was
completed within the time frame specified above. For example, the
bullet in the importer certification that reads: ``This
certification was completed at or prior to the time of Entry
Summary,'' could be edited as follows: ``The imports referenced
herein entered on {insert date{time} . This certification was
completed on mm/dd/yyyy, within 14 days of the publication date of
the Federal Register notice of the preliminary determinations of
circumvention.''
For all shipments and/or entries made later than the 14th day
after the date of publication of these preliminary determinations in
the Federal Register for which certifications are required,
importers should complete the required certification at or prior to
the date of Entry Summary.
Appendix III--Importer Certification
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
[[Page 7269]]
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. (Note: For certifications related to
entries made on or after January 19, 2021, and through 14 days after
the publication of the Preliminary Determinations, the importer
should replace ``will not be further processed'' with ``were not
further processed'' in the certification, as necessary).
(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 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. 2021-01785 Filed 1-26-21; 8:45 am]
BILLING CODE 3510-DS-P
