Certain Tissue Paper Products From the People's Republic of China: Continuation of the Antidumping Duty Order, 67437-67438 [2021-25772]

Download as PDF Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices Dated: November 19, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2021–25782 Filed 11–24–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–894] Certain Tissue Paper Products From the People’s Republic of China: Continuation of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) in their five year (sunset) review that revocation of the antidumping duty (AD) order on certain tissue paper products (tissue paper) from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order on tissue paper from China. DATES: Applicable November 26, 2021. FOR FURTHER INFORMATION CONTACT: Brian Smith, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1766. SUPPLEMENTARY INFORMATION: AGENCY: jspears on DSK121TN23PROD with NOTICES1 Background On March 30, 2005, Commerce published the AD order on tissue paper from China.1 On June 1, 2021, the ITC 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Tissue Paper Products from the People’s Republic of China, 70 FR 16223 (March 30, 2005). VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 instituted 2 and Commerce initiated 3 a five-year (sunset) review of the AD order on tissue paper from China, pursuant to sections 751(c) and 752 of the Tariff Act of 1930, as amended (the Act). As a result of its review, Commerce determined that revocation of the AD order on tissue paper from China would likely lead to a continuation or recurrence of dumping. Therefore, Commerce notified the ITC of the magnitude of the margin of dumping likely to prevail were the order to be revoked.4 On November 18, 2021, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the AD order on tissue paper from China would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Order The products covered by the order are cut-to-length sheets of tissue paper having a basis weight not exceeding 29 grams per square meter. Tissue paper products subject to this order may or may not be bleached, dye-colored, surface-colored, glazed, surface decorated or printed, sequined, crinkled, embossed, and/or die cut. The tissue paper subject to this order is in the form of cut-to-length sheets of tissue paper with a width equal to or greater than one-half (0.5) inch. Subject tissue paper may be flat or folded, and may be packaged by banding or wrapping with paper or film, by placing in plastic or film bags, and/or by placing in boxes for distribution and use by the ultimate consumer. Packages of tissue paper subject to this order may consist solely of tissue paper of one color and/or style, or may contain multiple colors and/or styles. The merchandise subject to this order does not have specific classification numbers assigned to them under the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may be under one or more of several different subheadings, including: 4802.30, 4802.54, 4802.61, 4802.62, 4802.69, 4804.31.1000, 4804.31.2000, 4804.31.4020, 4804.31.4040, 4804.31.6000, 4804.39, 2 See Certain Tissue Paper Products from the People’s Republic of China; Institution of a FiveYear Review, 86 FR 29289 (June 1, 2021). 3 See Initiation of Five-Year (Sunset) Reviews, 86 FR 29239 (June 1, 2021). 4 See Certain Tissue Paper Products from the People’s Republic of China: Final Results of Expedited Sunset Review of Antidumping Duty Order, 86 FR 52444 (September 21, 2021). 5 See Certain Tissue Paper Products from China; Determination, 86 FR 64527 (November 18, 2021). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 67437 4805.91.1090, 4805.91.5000, 4805.91.7000, 4806.40, 4808.30, 4808.90, 4811.90, 4823.90, 4802.50.00, 4802.90.00, 4805.91.90, 9505.90.40. Although the HTSUS tariff classifications are provided for convenience and customs purposes, the written description of the scope of this order is dispositive.6 Excluded from the scope of this order are the following tissue paper products: (1) Tissue paper products that are coated in wax, paraffin, or polymers, of a kind used in floral and food service applications; (2) tissue paper products that have been perforated, embossed, or die-cut to the shape of a toilet seat, i.e., disposable sanitary covers for toilet seats; and (3) toilet or facial tissue stock towel or napkin stock, paper of a kind used for household or sanitary purposes, cellulose wadding, and webs of cellulose fibers (HTSUS 4803.00.20.00 and 4803.00.40.00). Continuation of the AD Order As a result of the determinations by Commerce and the ITC that revocation of the AD order on tissue paper from China would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce hereby orders the continuation of the AD order on tissue paper from China. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year review of this order not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. 6 On January 30, 2007 at the direction of CBP, Commerce added the following HTSUS classifications to the AD/CVD module for tissue paper: 4802.54.3100, 4802.54.6100, and 4823.90.6700. However, we note that the six digit classifications for these numbers were already listed in the scope. E:\FR\FM\26NON1.SGM 26NON1 67438 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices This five-year (sunset) review and notice are in accordance with sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 351.218(f)(4). Dated: November 19, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–25772 Filed 11–24–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–842] Certain Uncoated Paper From Brazil: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on certain uncoated paper (uncoated paper) from Brazil. Further, Commerce preliminarily determines that Sylvamo do Brasil Ltda. (SVBR) is the successor-in-interest to International Paper do Brasil Ltda. (IP) and that Sylvamo Exports Ltda. (SVEX) is the successor-in-interest to International Paper Exportadora Ltda. (IPEX). Interested parties are invited to comment on these preliminary results. DATES: Applicable November 26, 2021. FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, 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) 482–5831. SUPPLEMENTARY INFORMATION: AGENCY: jspears on DSK121TN23PROD with NOTICES1 Background On March 3, 2016, Commerce published in the Federal Register an AD order on uncoated paper from Brazil.1 We assigned IP and IPEX (collectively, International Paper) a cash deposit rate of 41.39 percent.2 International Paper last received a calculated rate, in the third administrative review of this 1 See Certain Uncoated Paper from Australia, Brazil, Indonesia, the People’s Republic of China, and Portugal: Amended Final Affirmative Antidumping Determinations for Brazil and Indonesia and Antidumping Duty Orders, 81 FR 11174 (March 3, 2016) (Order). 2 Id., 81 FR at 11176. VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 sufficient to warrant a CCR with respect to the Order. Therefore, we are initiating a CCR to determine whether SVBR and SVEX are the successors-in-interest to IP and IPEX, respectively, for purposes of the Order. Pursuant to 19 CFR 351.221(c)(3)(ii)), Commerce may combine the notice of initiation of a CCR and the notice of preliminary results of a CCR into a single notice if Commerce concludes that expedited action is warranted. We Scope of the Order have on the record the information The merchandise covered by the necessary to make a preliminary finding Order is uncoated paper. For a complete and, therefore, we find that expedited description of the scope of the Order, action is warranted. Consequently, we see the Preliminary Decision are combining the initiation of the CCR Memorandum. described above and our preliminary results. Methodology In determining whether one company We are conducting this CCR in is the successor to another for AD accordance with section 751(b)(1) of the purposes, Commerce examines a Tariff Act of 1930, as amended (the Act), number of factors including, but not and 19 CFR 351.216. For a full limited to, changes in: (1) Management; description of the methodology (2) production facilities; (3) suppliers; underlying our preliminary conclusions, and (4) customer base.6 While no single see the Preliminary Decision factor or combination of factors will Memorandum.5 A list of the topics necessarily provide a dispositive discussed in the Preliminary Decision indication of a successor-in-interest Memorandum is included as an relationship, Commerce will generally appendix to this notice. The Preliminary consider one company to be the Decision Memorandum is a public successor to a previous company if its document and is made available to the resulting operations are not materially public via Enforcement and dissimilar to those of its predecessor.7 Thus, if the evidence demonstrates that, Compliance’s Antidumping and with respect to the production and sale Countervailing Duty Centralized of the subject merchandise, the Electronic Service System (ACCESS). company, in its current form, operates ACCESS is available to registered users at https://access.trade.gov. In addition, a as essentially the same business entity as the prior company, Commerce will complete version of the Preliminary assign the new company the cash Decision Memorandum is available at deposit rate of its predecessor.8 https://access.trade.gov/public/ Sylvamo provided evidence that: (1) FRNoticesListLayout.aspx. IP and IPEX’s names changed to SVBR Initiation and Preliminary Results of and SVEX, respectively, in August 2021, CCR and the companies were transferred Pursuant to section 751(b)(1) of the from their ultimate parent company, the International Paper Company, to a new Act and 19 CFR 351.216(d), Commerce parent company, Sylvamo Corp., in will conduct a CCR upon receipt of October 2021; 9 and (2) there were no information concerning, or a request from an interested party for a review of, significant changes to management,10 an AD order which shows changed 6 See Initiation and Preliminary Results of circumstances sufficient to warrant a Antidumping Duty Changed Circumstances Review: review of the order. Multilayered Wood Flooring from the People’s We find that the information Republic of China, 79 FR 48117 (August 15, 2014), regarding IP and IPEX’s name changes unchanged in Multilayered Wood Flooring from the People’s Republic of China: Final Results of to SVBR and SVEX, respectively, Changed Circumstances Review, 79 FR 58740 demonstrates changed circumstances (September 30, 2014). proceeding, of 20.80 percent.3 On October 4, 2021, Commerce received a request on behalf of SVBR and SVEX (collectively, Sylvamo) for an expedited CCR to establish SVBR and SVEX as the successors-in-interest to IP and IPEX, respectively.4 Sylvamo asked that it be subject to International Paper’s AD margin for uncoated paper from Brazil. No interested parties filed comments opposing the CCR request. 3 See Certain Uncoated Paper from Brazil: Final Results of Antidumping Duty Administrative Review; 2018–2019, 86 FR 7254 (January 27, 2021). 4 See Sylvamo’s Letter, ‘‘Request for Changed Circumstances Review and Successor-in-Interest Determination,’’ dated October 4, 2021. 5 See Memorandum, ‘‘Decision Memorandum for the Initiation and Preliminary Results of the Changed Circumstances Review of the Antidumping Duty Order on Certain Uncoated Paper from Brazil,’’ dated concurrently with this notice. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 7 Id. 8 See, e.g., Certain Preserved Mushrooms from India: Initiation and Preliminary Results of Changed-Circumstances Review, 67 FR 78416 (December 24, 2002), unchanged in Certain Preserved Mushrooms from India: Final Results of Changed-Circumstances Review, 68 FR 6884 (February 11, 2003); and Fresh and Chilled Atlantic Salmon from Norway: Final Results of Changed Circumstances Antidumping Administrative Review, 64 FR 9979, 9980 (March 1, 1999). 9 See CCR Letter at 2. 10 Id. at Attachments 9, 10, 12, and 13. E:\FR\FM\26NON1.SGM 26NON1

Agencies

[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67437-67438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25772]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-894]


Certain Tissue Paper Products From the People's Republic of 
China: Continuation of the Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) in 
their five year (sunset) review that revocation of the antidumping duty 
(AD) order on certain tissue paper products (tissue paper) from the 
People's Republic of China (China) would likely lead to a continuation 
or recurrence of dumping and material injury to an industry in the 
United States, Commerce is publishing a notice of continuation of the 
AD order on tissue paper from China.

DATES: Applicable November 26, 2021.

FOR FURTHER INFORMATION CONTACT: Brian Smith, AD/CVD Operations, Office 
VIII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-1766.

SUPPLEMENTARY INFORMATION:

Background

    On March 30, 2005, Commerce published the AD order on tissue paper 
from China.\1\ On June 1, 2021, the ITC instituted \2\ and Commerce 
initiated \3\ a five-year (sunset) review of the AD order on tissue 
paper from China, pursuant to sections 751(c) and 752 of the Tariff Act 
of 1930, as amended (the Act). As a result of its review, Commerce 
determined that revocation of the AD order on tissue paper from China 
would likely lead to a continuation or recurrence of dumping. 
Therefore, Commerce notified the ITC of the magnitude of the margin of 
dumping likely to prevail were the order to be revoked.\4\
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Tissue Paper 
Products from the People's Republic of China, 70 FR 16223 (March 30, 
2005).
    \2\ See Certain Tissue Paper Products from the People's Republic 
of China; Institution of a Five-Year Review, 86 FR 29289 (June 1, 
2021).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 29239 
(June 1, 2021).
    \4\ See Certain Tissue Paper Products from the People's Republic 
of China: Final Results of Expedited Sunset Review of Antidumping 
Duty Order, 86 FR 52444 (September 21, 2021).
---------------------------------------------------------------------------

    On November 18, 2021, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the AD 
order on tissue paper from China would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\5\
---------------------------------------------------------------------------

    \5\ See Certain Tissue Paper Products from China; Determination, 
86 FR 64527 (November 18, 2021).
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Scope of the Order

    The products covered by the order are cut-to-length sheets of 
tissue paper having a basis weight not exceeding 29 grams per square 
meter. Tissue paper products subject to this order may or may not be 
bleached, dye-colored, surface-colored, glazed, surface decorated or 
printed, sequined, crinkled, embossed, and/or die cut. The tissue paper 
subject to this order is in the form of cut-to-length sheets of tissue 
paper with a width equal to or greater than one-half (0.5) inch. 
Subject tissue paper may be flat or folded, and may be packaged by 
banding or wrapping with paper or film, by placing in plastic or film 
bags, and/or by placing in boxes for distribution and use by the 
ultimate consumer. Packages of tissue paper subject to this order may 
consist solely of tissue paper of one color and/or style, or may 
contain multiple colors and/or styles.
    The merchandise subject to this order does not have specific 
classification numbers assigned to them under the Harmonized Tariff 
Schedule of the United States (HTSUS). Subject merchandise may be under 
one or more of several different subheadings, including: 4802.30, 
4802.54, 4802.61, 4802.62, 4802.69, 4804.31.1000, 4804.31.2000, 
4804.31.4020, 4804.31.4040, 4804.31.6000, 4804.39, 4805.91.1090, 
4805.91.5000, 4805.91.7000, 4806.40, 4808.30, 4808.90, 4811.90, 
4823.90, 4802.50.00, 4802.90.00, 4805.91.90, 9505.90.40. Although the 
HTSUS tariff classifications are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive.\6\
---------------------------------------------------------------------------

    \6\ On January 30, 2007 at the direction of CBP, Commerce added 
the following HTSUS classifications to the AD/CVD module for tissue 
paper: 4802.54.3100, 4802.54.6100, and 4823.90.6700. However, we 
note that the six digit classifications for these numbers were 
already listed in the scope.
---------------------------------------------------------------------------

    Excluded from the scope of this order are the following tissue 
paper products: (1) Tissue paper products that are coated in wax, 
paraffin, or polymers, of a kind used in floral and food service 
applications; (2) tissue paper products that have been perforated, 
embossed, or die-cut to the shape of a toilet seat, i.e., disposable 
sanitary covers for toilet seats; and (3) toilet or facial tissue stock 
towel or napkin stock, paper of a kind used for household or sanitary 
purposes, cellulose wadding, and webs of cellulose fibers (HTSUS 
4803.00.20.00 and 4803.00.40.00).

Continuation of the AD Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD order on tissue paper from China would likely lead 
to a continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to sections 751(c) and 
751(d)(2) of the Act, Commerce hereby orders the continuation of the AD 
order on tissue paper from China. U.S. Customs and Border Protection 
will continue to collect AD cash deposits at the rates in effect at the 
time of entry for all imports of subject merchandise. The effective 
date of the continuation of the order will be the date of publication 
in the Federal Register of this notice of continuation. Pursuant to 
section 751(c)(2) of the Act, Commerce intends to initiate the next 
five-year review of this order not later than 30 days prior to the 
fifth anniversary of the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

[[Page 67438]]

    This five-year (sunset) review and notice are in accordance with 
sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 
351.218(f)(4).

    Dated: November 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-25772 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-DS-P