Certain Uncoated Paper From Brazil, the People's Republic of China, and Indonesia: Affirmative Final Determinations of Circumvention of the Antidumping Duty Orders and Countervailing Duty Orders for Certain Uncoated Paper Rolls, 71025-71031 [2021-26996]

Download as PDF Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices www.facadatabase.gov under the Commission on Civil Rights, Florida Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, https://www.usccr.gov, or may contact the Regional Programs Coordination Unit at the above email or street address. Agenda I. Welcome & Roll Call II. Voting Rights Review III. Public Comment IV. Next Steps V. Adjournment Dated: Thursday, December 9, 2021. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2021–27026 Filed 12–13–21; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Census Bureau Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Certification of Identity (Form BC–300); Correction Census Bureau, Commerce. Notice; correction. AGENCY: ACTION: On December 8, 2021, the Department of Commerce, published a 30-day public comment period notice in the Federal Register with FR Document Number 2021–26557 (Page 69618) seeking public comments for an information collection entitled, ‘‘Certification of Identity (Form BC– 300).’’ This document referenced incorrect information in the ‘‘Needs and Uses’’ section, and Commerce hereby issues a correction notice as required by the Paperwork Reduction Act of 1995. FOR FURTHER INFORMATION CONTACT: For additional information concerning this correction, contact Vernon E. Curry, Chief, Freedom of Information Act/ Privacy Act Officer, U.S. Census Bureau, at 301–763–7325, vernon.e.curry@ census.gov or at PRAcomments@ doc.gov. SUPPLEMENTARY INFORMATION: jspears on DSK121TN23PROD with NOTICES1 Correction Needs and Uses The need for the Certification of Identity (Form BC–300) is imperative to performing accurate controls of the disbursement of personnel records to the public. This information collection is necessary to prevent unauthorized 18:24 Dec 13, 2021 Jkt 256001 Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2021–26946 Filed 12–13–21; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE SUMMARY: VerDate Sep<11>2014 disclosure of records of individuals maintained by the U.S. Census Bureau and all Department of Commerce Bureaus, and allows parties who are, or were, in proceedings to disclose or release their records to an attorney, accredited representative, qualified organization, or other third party. 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 initial publication notice date of December 8, 2021 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 the title of the collection. International Trade Administration [A–351–842, A–570–022, C–570–023, A–560– 828, C–560–829] Certain Uncoated Paper From Brazil, the People’s Republic of China, and Indonesia: Affirmative Final Determinations of Circumvention of the Antidumping Duty Orders and Countervailing Duty Orders for Certain Uncoated Paper Rolls Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of certain uncoated paper rolls from Brazil, the People’s Republic of China (China), and Indonesia are circumventing the antidumping duty (AD) orders on certain uncoated paper (uncoated paper) from Brazil, China, and Indonesia, and that imports of certain uncoated paper rolls from China and Indonesia are circumventing the countervailing duty (CVD) orders on uncoated paper from China and Indonesia. DATES: Applicable December 14, 2021. FOR FURTHER INFORMATION CONTACT: Genevieve Coen or Rachel Greenberg, AD/CVD Operations, Office V, AGENCY: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 71025 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3251 or (202) 482–1110, respectively. SUPPLEMENTARY INFORMATION: Background On November 13, 2020, and January 27, 2021, Commerce published the Preliminary Determinations 1 for the anti-circumvention inquiries of the AD and CVD orders on uncoated paper from Brazil, China, and Indonesia with respect to uncoated paper rolls which are imported from Brazil, China, and Indonesia, and further processed into uncoated paper sheets subject to the Orders.2 We invited parties to comment on the Preliminary Determinations. A summary of the events that occurred since Commerce published the Preliminary Determinations may be found in the respective Issues and Decision Memoranda.3 Commerce conducted these anti-circumvention inquiries in accordance with section 781(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Orders The merchandise subject to these Orders includes uncoated paper in sheet 1 See Certain Uncoated Paper from the People’s Republic of China: Affirmative Preliminary Determinations of Circumvention of the Antidumping and Countervailing Duty Orders for Uncoated Paper Rolls, 85 FR 72624 (November 13, 2020) (China Preliminary Determination), and accompanying Preliminary Determination Memorandum (PDM); Certain Uncoated Paper from Brazil: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order for Uncoated Paper Rolls, 86 FR 7261 (January 27, 2021) (Brazil Preliminary Determination), and accompanying PDM; and Certain Uncoated Paper from Indonesia: Affirmative Preliminary Determinations of Circumvention of the Antidumping and Countervailing Duty Orders for Uncoated Paper Rolls, 86 FR 7266 (January 27, 2021) (Indonesia Preliminary Determination), and accompanying PDM (collectively, Preliminary Determinations). 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) (Orders). 3 See Memoranda, ‘‘Final Decision Memorandum for Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain Uncoated Paper from Brazil: Uncoated Paper Rolls’’; ‘‘Final Decision Memorandum for Anti-Circumvention Inquiries of the Antidumping and Countervailing Duty Orders on Certain Uncoated Paper from Indonesia: Uncoated Paper Rolls’’; and ‘‘Anti-Circumvention Inquiries of the Antidumping Duty Orders on Certain Uncoated Paper from Brazil, China, and Indonesia, and the Countervailing Duty Orders on Certain Uncoated Paper from China and Indonesia: Uncoated Paper Rolls Certification,’’ dated concurrently with, and hereby adopted by, this notice (collectively, Issues and Decision Memoranda). E:\FR\FM\14DEN1.SGM 14DEN1 71026 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level 4 of 85 or higher or is a colored paper; whether or not surface-decorated, printed (except as described below), embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions (Certain Uncoated Paper). Certain Uncoated Paper includes (a) uncoated free sheet paper that meets this scope definition; (b) uncoated ground wood paper produced from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this scope definition; and (c) any other uncoated paper that meets this scope definition regardless of the type of pulp used to produce the paper. Specifically excluded from the scope are (1) paper printed with final content of printed text or graphics and (2) lined paper products, typically school supplies, composed of paper that incorporates straight horizontal and/or vertical lines that would make the paper unsuitable for copying or printing purposes. For purposes of this scope definition, paper shall be considered ‘‘printed with final content’’ where at least one side of the sheet has printed text and/or graphics that cover at least five percent of the surface area of the entire sheet. On September 1, 2017, Commerce determined that imports of uncoated paper with a GE brightness of 83 +/ ¥1% (83 Bright paper), otherwise meeting the description of in-scope merchandise, constitute merchandise ‘‘altered in form or appearance in minor respects’’ from in-scope merchandise that are subject to these Orders.5 Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) categories 4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 4802.56.7020, 4802.56.7040, 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. 5 See Certain Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 82 FR 41610 (September 1, 2017). VerDate Sep<11>2014 18:24 Dec 13, 2021 Jkt 256001 4802.57.1000, 4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of subject merchandise may also be classified under 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 and 4811.90.9080. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the Orders is dispositive. respect to the China determination. The Issues and Decision Memoranda are public documents and are 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, complete versions of the Issues and Decision Memoranda can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. 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 Brazil, China, and Indonesia that are further processed in the United States into individual sheets of uncoated paper that would be subject to the Orders (i.e., paper that weighs at least 40 grams per square meter but not more than 150 grams per square meter; and that either is a white paper with a GE brightness level of 83 +/¥1% or higher or is a colored paper (as defined above)). The uncoated paper rolls covered by these inquiries are converted into sheets of uncoated paper using specialized cutting machinery prior to printing, and are typically, but not exclusively, between 52 and 103 inches wide and 50 inches in diameter. For clarity, we herein refer to ‘‘subject-paper rolls’’ when referencing the certain uncoated paper rolls that may be converted into subject merchandise. Subject-paper rolls are classified under HTSUS category 4802.55. Certain importers of the subject-paper rolls that are not converted into subject merchandise may certify that the rolls will not be further processed into subject merchandise covered by the scope of the Orders.6 Failure to comply with the requisite certification requirement may result in the merchandise being found subject to AD and/or CVD duties. Final Determinations In the Preliminary Determinations, we determined that imports of subjectpaper rolls that are converted into uncoated paper sheets are circumventing the Orders. Specifically, we determined that imports of subjectpaper rolls from Brazil, China, and Indonesia are being finished and sold in the United States pursuant to the statutory and regulatory criteria laid out in section 781(a) of the Act and 19 CFR 351.225(g). For the Brazil Preliminary Determination, we relied upon record evidence submitted by the petitioners,7 Suzano,8 Perez Trading Company (Perez), IP,9 and one U.S. company that requested proprietary treatment of its name. We also relied on adverse facts available (AFA) for Ahlstrom-Munksjo Brasil Industria e Comercio de Papeis Especiais Ltda (Ahlstrom) 10 because it failed to respond to Commerce’s request for information. For the China Preliminary Determination, we relied upon information provided by the petitioners and on AFA for seven non-responsive companies because they failed to respond to Commerce’s request for information.11 Additionally, we considered the no shipment responses Analysis of Comments Received All the issues raised in the case and rebuttal briefs that were submitted by parties in the respective inquiries are addressed in the Issues and Decision Memoranda. Lists of the issues raised regarding the Brazil and Indonesia determinations are attached to this notice at Appendices I and II, respectively. A list of the issues raised regarding the certification program are attached to this notice at Appendix III. No comments were submitted with 6 See PO 00000 Appendices IV through IX. Frm 00025 Fmt 4703 Sfmt 4703 7 The petitioners include Domtar Corporation; Packaging Corporation of America; North Pacific Paper Company; Finch Paper LLC; and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. 8 Suzano includes Suzano S.A. and Suzano Pulp and Paper America, Inc. 9 IP includes International Paper do Brasil Ltda. and International Paper Exportadora Ltda. 10 Ahlstrom also operates under the names Ahlstrom Brasil Ltd. and Ahlstrom-Munksjo¨ Brasil Indu´stria e Come´rcio de Pape´is Especiais LTDA. Ahlstrom also previously operated under the names Munksjo¨ Brasil Ind e Com de Papeis Especiais LTDA and Ahlstrom Brasil Ind e Com de Papeis Especiais LTDA. See Ahlstrom’s Letter, ‘‘Response to September 3, 2021 Letter from the Department of Commerce Requesting Company Name Clarification,’’ dated September 9, 2021. 11 These non-responsive companies are Central National Asia Limited, Kingdecor (Zhejiang) Co., Ltd., Shandong Sun Paper Industry Joint Stock Co Ltd, Sun Paper (Hong Kong) Co., Limited, and Sunpack Paper Products Company. E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices from Asia Symbol,12 Gold Huasheng,13 and Marubeni.14 For the Indonesia Preliminary Determination, we based the determination on information provided by the petitioners, APP Indonesian Mills,15 APRIL,16 Great Champ Trading Limited, CellMark Paper Inc. (CellMark), Charta Global, and International Forest Products. We also relied on AFA in whole (for companies that failed to respond to Commerce’s requests for information) 17 or in part (for CellMark, which submitted incomplete information). For a complete discussion of the evidence which led to our preliminary determinations, see the Preliminary Determinations and accompanying Preliminary Decision Memoranda. Our final determinations remain unchanged from the Preliminary Determinations. Accordingly, we determine, pursuant to section 781(a) of the Act and 19 CFR 351.225(g), that imports of certain uncoated paper rolls from Brazil, China, and Indonesia are circumventing the Orders. We made no changes to the certification programs. jspears on DSK121TN23PROD with NOTICES1 Liquidation of Entries For all entries of merchandise subject to the AD order on uncoated paper from Brazil, entered or withdrawn from warehouse for consumption on or before February 28, 2021, Commerce intends to instruct CBP to liquidate those entries at the applicable AD rates for those entries.18 For entries of subject-paper rolls from China that were entered, or withdrawn from warehouse, for consumption from 12 Asia Symbol includes the following companies: Greenpoint Global Trading (Macao) Commercial Offshore Ltd. (Greenpoint)/Asia Symbol (Guangdong) Paper Co., Ltd./Asia Symbol (Shandong) Pulp and Paper Co., Ltd. 13 Gold Huasheng Paper Co., Ltd Inc. (Gold Huasheng) also includes its affiliated parties Gold East Paper Co., Ltd., Hainan Jinhai Pulp and Paper Company, and Ningbo Zhonghua Paper Co, Ltd. 14 Marubeni (China) Corporation, Ltd. (Marubeni) also includes its affiliates Marubeni America Corporation and Marubeni (Shanghai) Corporation, Ltd. 15 APP Indonesian Mills includes PT. Indah Kiat Pulp and Paper Tbk; PT. Pabrik Kertas Tjiwi Kimia Tbk; and Pindo Deli Pulp and Paper. 16 APRIL includes PT Anugrah Kertas Utama; PT Riau Andalan Kertas; APRIL Fine Paper Macao Commercial Offshore Limited; A P Fine Paper Trading (Hong Kong) Limited; and APRIL International Enterprise Pte. Ltd. 17 These non-responsive companies are Advanced Paper; Alliance Converting LLC; Case Paper; LinkMax Paper; and Northwoods Paper Converting. 18 Commerce has completed its administrative reviews of the AD order on uncoated paper from Brazil for the periods of March 1, 2019, through February 29, 2020, and March 2, 2020, through February 28, 2021. Therefore, Commerce will instruct CBP to liquidate all entries through the end of the last completed administrative review period. VerDate Sep<11>2014 18:24 Dec 13, 2021 Jkt 256001 October 10, 2019, through October 17, 2019, Commerce intends to instruct Customs and Border Protection (CBP) to liquidate those entries without regard to AD or CVD duties.19 For entries of subject-paper rolls from China that were produced, exported, or imported by companies other than the nonresponsive companies,20 entered, or withdrawn from warehouse, for consumption from November 6, 2020, through November 12, 2020, Commerce intends to instruct CBP to liquidate those entries without regard to AD or CVD duties.21 For all entries of merchandise subject to the AD order on uncoated paper from Indonesia, entered or withdrawn from warehouse for consumption on or before February 28, 2021, Commerce intends to instruct CBP to liquidate those entries at the applicable AD rates for those entries.22 For all entries of merchandise subject to the CVD order on uncoated paper from Indonesia, entered or withdrawn from warehouse for consumption on or before December 31, 2020, Commerce intends to instruct CBP to liquidate those entries at the applicable CVD rates for those entries.23 Continuation of Suspension of Liquidation As a result of this determination, and consistent with 19 CFR 351.225(l)(3), we will instruct CBP to continue to suspend the liquidation of all entries of subjectpaper rolls entered under the Brazil, China, and Indonesia AD orders after February 28, 2021, and all entries 19 In the China Preliminary Determination, we suspended liquidation for entries produced or exported by CNAL, Kingdecor, Shandong Sun Paper, Sun Paper HK, and Sunpack starting October 10, 2019, the date we initiated these inquiries. To be consistent with the other inquiries for uncoated paper rolls, we are modifying this date to October 18, 2019, the publication date of the Initiation Notice. 20 The non-responsive companies from the China inquiries are CNAL, Kingdecor, Shandong Sun Paper, Sun Paper HK, and Sunpack. 21 The China Preliminary Determination stated that for all other entries of subject-paper rolls, Commerce would instruct CBP to suspend liquidation beginning November 6, 2020, i.e., the signature date of the preliminary determination. To be consistent with the other inquiries for uncoated paper rolls, we are modifying the effective date for all other entries from China to November 13, 2020, i.e., the publication date of the China Preliminary Determination. 22 Commerce is not conducting an administrative review of the AD order on uncoated paper from Indonesia for the period ending on February 28, 2021. Therefore, Commerce will instruct CBP to liquidate all entries through the end of the last administrative review period. 23 Commerce is not conducting an administrative review of the CVD order on uncoated paper from Indonesia for the period ending on December 31, 2020. Therefore, Commerce will instruct CBP to liquidate all entries through the end of the last administrative review period. PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 71027 entered under the China and Indonesia CVD orders after December 31, 2020, and to require cash deposits of estimated AD and CVD duties at the applicable subject merchandise rates. Certification Requirements As a result of these anticircumvention proceedings, subjectpaper rolls, as defined above, produced in Brazil, China, and Indonesia that are further processed into uncoated paper sheets in the United States, are subject to the . Accordingly, pursuant to 19 CFR 351.228,24 Commerce is continuing to impose a certification requirement for purposes of enforcing and administering its final determinations. Therefore, if an importer imports subject-paper rolls from Brazil, China or Indonesia that will not be further processed into uncoated paper sheets, in order to not be subject to cash deposit requirements, the importer is required to meet the certification and documentation requirements described in Appendix IV for merchandise from Brazil, Appendix VI for merchandise from China, and VIII for merchandise from Indonesia. Properly certified entries are not subject to AD/CVD duties under the Orders. Exemption from AD and CVD duties under the Orders is permitted only if the certification and documentation specified in Appendices IV and V for merchandise from Brazil, Appendices VI and VII for merchandise from China, and VIII and IX for merchandise from Indonesia, are met. Notification Regarding Administrative Protective Order This notice also serves as the only reminder to all parties subject to the administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with section 781(a) of the Act, and 19 CFR 351.225(g). 24 On September 20, 2021, Commerce adopted a new regulation, 19 CFR 351.228, which codifies Commerce’s certification practice. See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 10, 2021) (adopting 19 CFR 351.228 effective October 20, 2021). E:\FR\FM\14DEN1.SGM 14DEN1 71028 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices Dated: December 7, 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 I List of Topics Discussed in the Issues and Decision Memorandum: Brazil Final Determination I. Summary II. Background III. Scope of the Order IV. Merchandise Subject to the AntiCircumvention Inquiry V. Discussion of the Issues Comment 1: Whether Commerce’s Determination was Contrary to the Purpose of Section 781 of the Act Comment 2: Whether the Merchandise Analyzed by Commerce is of the Same Class or Kind as Subject Merchandise and Whether the Merchandise Analyzed by Commerce is Further Processed in the United States Comment 3: Whether the Production Process in the United States is Minor or Insignificant Comment 4: Whether the Additional Factors Under Section 781(a)(3) of the Act Support an Affirmative Determination Comment 5: Whether Commerce Properly Defined the Subject-Paper Rolls Comment 6: Whether Commerce Considered All Record Information Comment 7: Whether Commerce’s Adverse Facts Available (AFA) Determination is Supported by Substantial Evidence Comment 8: Whether a Country-Wide Finding is Appropriate Comment 9: Whether Commerce Must Consider A Significant Injury Issue VI. Recommendation Appendix II List of Topics Discussed in the Issues and Decision Memorandum: Indonesia Final Determination I. Summary II. Background III. Scope of the Orders IV. Merchandise Subject to the AntiCircumvention Inquiries V. Discussion of the Issues Comment 1: Whether Commerce Had a Reasonable Basis to Initiate This Inquiry Comment 2: Whether Commerce Properly Analyzed the Conversion Cost Factors VI. Recommendation jspears on DSK121TN23PROD with NOTICES1 Appendix III List of Topics Discussed in the Issues and Decision Memorandum: Certification Program I. Summary II. Background III. Scope of the Orders IV. Merchandise Subject to the Scope and Anti-Circumvention Inquiries V. Discussion of the Issues Comment 1: Whether the Range of Products Covered by Certifications Should be Modified VerDate Sep<11>2014 18:24 Dec 13, 2021 Jkt 256001 Comment 2: Whether CBP Should Administer the Importer Certifications Comment 3: Whether the Draft Certification Requirements Should Be Modified Comment 4: Whether Commerce Should Allow Ahlstrom’s Importers To Certify Subject Rolls VI. Recommendation Appendix IV Certification Requirements: Brazil If an importer imports subject-paper rolls from Brazil and claims that the subject-paper rolls will not be further processed into uncoated paper sheets covered by the Order, the importer is required to complete and maintain the importer certification attached hereto at Appendix V 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 Brazil are eligible for the certification process detailed below, with the exception that entries of subject-paper rolls produced and/ or exported by Ahlstrom Brasil Ltd., Ahlstrom-Munksjo Brasil Industria e Comercio de Papeis Especiais Ltda, and/or Ahlstrom-Munksjo¨ Brasil Indu´stria e Come´rcio de Pape´is Especiais LTDA. are ineligible for certification. For entries of subject-paper rolls from Brazil entered, or withdrawn from warehouse, for consumption on or after the date this final determination was signed for which the importer claims that the rolls will not be further processed into uncoated paper subject to the order, 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 shipments and/or entries for which certifications are required, importers should complete the required certification at or prior to the date of Entry Summary. Appendix V Importer Certification: Brazil 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 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 Customs territory of the United States of subject-paper rolls produced in Brazil that entered under 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 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: llI have 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. llI have personal knowledge of the facts regarding the end-use of the imported product because my company is not the enduser 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 enduser 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. (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 #: E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 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 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 duty order on certain uncoated paper from Brazil. 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 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 Brazil 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} Appendix VI Certification Requirements: China If an importer imports subject-paper rolls from China and claims that the subject-paper VerDate Sep<11>2014 18:24 Dec 13, 2021 Jkt 256001 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 VII 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 China are eligible for the certification process detailed below. However, entries of subjectpaper rolls produced and/or exported by Central National Asia Limited (CNAL), Kingdecor (Zhejiang) Co., Ltd. (Kingdecor), Shandong Sun Paper Industry Joint Stock Co Ltd (Shandong Sun Paper), Sun Paper (Hong Kong) Co., Limited (Sun Paper HK), and Sunpack Paper Products Company (Sunpack), are ineligible for certification. For entries of subject-paper rolls from China entered, or withdrawn from warehouse, for consumption on or after the date this final determination was 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 shipments and/or entries for which certifications are required, importers should complete the required certification at or prior to the date of Entry Summary. Appendix VII Importer Certification: China 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 the People’s Republic of China (China) that entered under 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 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 71029 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. Subjectpaper 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 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: llI 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. llI have personal knowledge of the facts regarding the end-use of the imported product because my company is not the enduser 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 enduser of the imported product is {COMPANY NAME}. ‘‘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. (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: E:\FR\FM\14DEN1.SGM 14DEN1 jspears on DSK121TN23PROD with NOTICES1 71030 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices (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 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 China. 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 China 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} Appendix VIII Certification Requirements: Indonesia 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, VerDate Sep<11>2014 18:24 Dec 13, 2021 Jkt 256001 the importer is required to complete and maintain the importer certification attached hereto at Appendix IX 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 final 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 shipments and/or entries for which certifications are required, importers should complete the required certification at or prior to the date of Entry Summary. Appendix IX Importer Certification: Indonesia 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 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 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 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: llI 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. llI 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. (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 E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices 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 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} [FR Doc. 2021–26996 Filed 12–13–21; 8:45 am] jspears on DSK121TN23PROD with NOTICES1 BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:24 Dec 13, 2021 Jkt 256001 DEPARTMENT OF COMMERCE International Trade Administration [A–560–838, A–557–823, A–549–843, A–552– 832] Polyester Textured Yarn From Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing the antidumping duty orders on polyester textured yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam (Vietnam). DATES: Applicable December 14, 2021. FOR FURTHER INFORMATION CONTACT: Peter Shaw at (202) 482–0697 or Toni Page at (202) 482–1398 (Indonesia); Daniel Alexander at (202) 482–4313 (Malaysia); Stephanie Berger at (202) 482–2483 (Thailand); and Preston Cox at (202) 482–5041 (Vietnam); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 25, 2021, Commerce published its affirmative final determinations in the less-thanfair-value (LTFV) investigations of imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam.1 On December 7, 2021, the ITC notified Commerce of its affirmative final determinations, pursuant to section 735(d) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of the LTFV imports of polyester 1 See Polyester Textured Yarn from Indonesia: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 58875 (October 25, 2021); Polyester Textured Yarn from Malaysia: Final Affirmative Determination of Sales at Less-Than Fair-Value, 86 FR 58869 (October 25, 2021); Polyester Textured Yarn from Thailand: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 58883 (October 25, 2021); and Polyester Textured Yarn from the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 58877 (October 25, 2021) (Final Determination Vietnam) (collectively, Final Determinations). PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 71031 textured yarn from Indonesia, Malaysia, Thailand, and Vietnam.2 Scope of the Orders The product covered by these orders is polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam. For a complete description of the scope of these orders, see the appendix to this notice. Antidumping Duty Orders On December 7, 2021, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of LTFV imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam.3 Therefore, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing these antidumping duty orders. Because the ITC determined that imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam are materially injuring a U.S. industry, unliquidated entries of subject merchandise from Indonesia, Malaysia, Thailand, and Vietnam, entered into the United States or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instructions by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the subject merchandise, for all relevant entries of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam. Antidumping duties will be assessed on unliquidated entries of polyester textured yarn from Indonesia, Malaysia, Thailand, or Vietnam entered, or withdrawn from warehouse, for consumption on or after June 3, 2021, the date of publication of the Preliminary Determinations,4 but will 2 See ITC’s Letter, dated December 7, 2021. 3 Id. 4 See Polyester Textured Yarn from Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 29742 (June 3, 2021); Polyester Textured Yarn from Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 29748 (June 3, 2021); Polyester Textured Yarn from Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 29746 (June 3, 2021); Polyester E:\FR\FM\14DEN1.SGM Continued 14DEN1

Agencies

[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71025-71031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26996]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-842, A-570-022, C-570-023, A-560-828, C-560-829]


Certain Uncoated Paper From Brazil, the People's Republic of 
China, and Indonesia: Affirmative Final Determinations of Circumvention 
of the Antidumping Duty Orders and Countervailing Duty Orders for 
Certain Uncoated Paper Rolls

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of certain uncoated paper rolls from Brazil, the People's Republic of 
China (China), and Indonesia are circumventing the antidumping duty 
(AD) orders on certain uncoated paper (uncoated paper) from Brazil, 
China, and Indonesia, and that imports of certain uncoated paper rolls 
from China and Indonesia are circumventing the countervailing duty 
(CVD) orders on uncoated paper from China and Indonesia.

DATES: Applicable December 14, 2021.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen or Rachel Greenberg, 
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 or (202) 
482-1110, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 13, 2020, and January 27, 2021, Commerce published the 
Preliminary Determinations \1\ for the anti-circumvention inquiries of 
the AD and CVD orders on uncoated paper from Brazil, China, and 
Indonesia with respect to uncoated paper rolls which are imported from 
Brazil, China, and Indonesia, and further processed into uncoated paper 
sheets subject to the Orders.\2\ We invited parties to comment on the 
Preliminary Determinations. A summary of the events that occurred since 
Commerce published the Preliminary Determinations may be found in the 
respective Issues and Decision Memoranda.\3\ Commerce conducted these 
anti-circumvention inquiries in accordance with section 781(a) of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Uncoated Paper from the People's Republic of 
China: Affirmative Preliminary Determinations of Circumvention of 
the Antidumping and Countervailing Duty Orders for Uncoated Paper 
Rolls, 85 FR 72624 (November 13, 2020) (China Preliminary 
Determination), and accompanying Preliminary Determination 
Memorandum (PDM); Certain Uncoated Paper from Brazil: Affirmative 
Preliminary Determination of Circumvention of the Antidumping Duty 
Order for Uncoated Paper Rolls, 86 FR 7261 (January 27, 2021) 
(Brazil Preliminary Determination), and accompanying PDM; and 
Certain Uncoated Paper from Indonesia: Affirmative Preliminary 
Determinations of Circumvention of the Antidumping and 
Countervailing Duty Orders for Uncoated Paper Rolls, 86 FR 7266 
(January 27, 2021) (Indonesia Preliminary Determination), and 
accompanying PDM (collectively, Preliminary Determinations).
    \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) 
(Orders).
    \3\ See Memoranda, ``Final Decision Memorandum for Anti-
Circumvention Inquiry of the Antidumping Duty Order on Certain 
Uncoated Paper from Brazil: Uncoated Paper Rolls''; ``Final Decision 
Memorandum for Anti-Circumvention Inquiries of the Antidumping and 
Countervailing Duty Orders on Certain Uncoated Paper from Indonesia: 
Uncoated Paper Rolls''; and ``Anti-Circumvention Inquiries of the 
Antidumping Duty Orders on Certain Uncoated Paper from Brazil, 
China, and Indonesia, and the Countervailing Duty Orders on Certain 
Uncoated Paper from China and Indonesia: Uncoated Paper Rolls 
Certification,'' dated concurrently with, and hereby adopted by, 
this notice (collectively, Issues and Decision Memoranda).
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Scope of the Orders

    The merchandise subject to these Orders includes uncoated paper in 
sheet

[[Page 71026]]

form; weighing at least 40 grams per square meter but not more than 150 
grams per square meter; that either is a white paper with a GE 
brightness level \4\ of 85 or higher or is a colored paper; whether or 
not surface-decorated, printed (except as described below), embossed, 
perforated, or punched; irrespective of the smoothness of the surface; 
and irrespective of dimensions (Certain Uncoated Paper).
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    \4\ One of the key measurements of any grade of paper is 
brightness. Generally speaking, the brighter the paper the better 
the contrast between the paper and the ink. Brightness is measured 
using a GE Reflectance Scale, which measures the reflection of light 
off a grade of paper. One is the lowest reflection, or what would be 
given to a totally black grade, and 100 is the brightest measured 
grade. ``Colored paper'' as used in this scope definition means a 
paper with a hue other than white that reflects one of the primary 
colors of magenta, yellow, and cyan (red, yellow, and blue) or a 
combination of such primary colors.
---------------------------------------------------------------------------

    Certain Uncoated Paper includes (a) uncoated free sheet paper that 
meets this scope definition; (b) uncoated ground wood paper produced 
from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this 
scope definition; and (c) any other uncoated paper that meets this 
scope definition regardless of the type of pulp used to produce the 
paper.
    Specifically excluded from the scope are (1) paper printed with 
final content of printed text or graphics and (2) lined paper products, 
typically school supplies, composed of paper that incorporates straight 
horizontal and/or vertical lines that would make the paper unsuitable 
for copying or printing purposes. For purposes of this scope 
definition, paper shall be considered ``printed with final content'' 
where at least one side of the sheet has printed text and/or graphics 
that cover at least five percent of the surface area of the entire 
sheet.
    On September 1, 2017, Commerce determined that imports of uncoated 
paper with a GE brightness of 83 +/-1% (83 Bright paper), otherwise 
meeting the description of in-scope merchandise, constitute merchandise 
``altered in form or appearance in minor respects'' from in-scope 
merchandise that are subject to these Orders.\5\
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    \5\ See Certain Uncoated Paper from Australia, Brazil, the 
People's Republic of China, Indonesia, and Portugal: Affirmative 
Final Determination of Circumvention of the Antidumping and 
Countervailing Duty Orders, 82 FR 41610 (September 1, 2017).
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    Imports of the subject merchandise are provided for under 
Harmonized Tariff Schedule of the United States (HTSUS) categories 
4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 
4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, 
and 4802.57.4000. Some imports of subject merchandise may also be 
classified under 4802.62.1000, 4802.62.2000, 4802.62.3000, 
4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 
4802.69.3000, 4811.90.8050 and 4811.90.9080. While HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of the Orders is dispositive.

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 Brazil, China, and Indonesia that are further processed in 
the United States into individual sheets of uncoated paper that would 
be subject to the Orders (i.e., paper that weighs at least 40 grams per 
square meter but not more than 150 grams per square meter; and that 
either is a white paper with a GE brightness level of 83 +/-1% or 
higher or is a colored paper (as defined above)). The uncoated paper 
rolls covered by these inquiries are converted into sheets of uncoated 
paper using specialized cutting machinery prior to printing, and are 
typically, but not exclusively, between 52 and 103 inches wide and 50 
inches in diameter. For clarity, we herein refer to ``subject-paper 
rolls'' when referencing the certain uncoated paper rolls that may be 
converted into subject merchandise. Subject-paper rolls are classified 
under HTSUS category 4802.55.
    Certain importers of the subject-paper rolls that are not converted 
into subject merchandise may certify that the rolls will not be further 
processed into subject merchandise covered by the scope of the 
Orders.\6\ Failure to comply with the requisite certification 
requirement may result in the merchandise being found subject to AD 
and/or CVD duties.
---------------------------------------------------------------------------

    \6\ See Appendices IV through IX.
---------------------------------------------------------------------------

Analysis of Comments Received

    All the issues raised in the case and rebuttal briefs that were 
submitted by parties in the respective inquiries are addressed in the 
Issues and Decision Memoranda. Lists of the issues raised regarding the 
Brazil and Indonesia determinations are attached to this notice at 
Appendices I and II, respectively. A list of the issues raised 
regarding the certification program are attached to this notice at 
Appendix III. No comments were submitted with respect to the China 
determination. The Issues and Decision Memoranda are public documents 
and are 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, complete versions of the Issues and 
Decision Memoranda can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determinations

    In the Preliminary Determinations, we determined that imports of 
subject-paper rolls that are converted into uncoated paper sheets are 
circumventing the Orders. Specifically, we determined that imports of 
subject-paper rolls from Brazil, China, and Indonesia are being 
finished and sold in the United States pursuant to the statutory and 
regulatory criteria laid out in section 781(a) of the Act and 19 CFR 
351.225(g).
    For the Brazil Preliminary Determination, we relied upon record 
evidence submitted by the petitioners,\7\ Suzano,\8\ Perez Trading 
Company (Perez), IP,\9\ and one U.S. company that requested proprietary 
treatment of its name. We also relied on adverse facts available (AFA) 
for Ahlstrom-Munksjo Brasil Industria e Comercio de Papeis Especiais 
Ltda (Ahlstrom) \10\ because it failed to respond to Commerce's request 
for information.
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    \7\ The petitioners include Domtar Corporation; Packaging 
Corporation of America; North Pacific Paper Company; Finch Paper 
LLC; and United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union.
    \8\ Suzano includes Suzano S.A. and Suzano Pulp and Paper 
America, Inc.
    \9\ IP includes International Paper do Brasil Ltda. and 
International Paper Exportadora Ltda.
    \10\ Ahlstrom also operates under the names Ahlstrom Brasil Ltd. 
and Ahlstrom-Munksj[ouml] Brasil Ind[uacute]stria e Com[eacute]rcio 
de Pap[eacute]is Especiais LTDA. Ahlstrom also previously operated 
under the names Munksj[ouml] Brasil Ind e Com de Papeis Especiais 
LTDA and Ahlstrom Brasil Ind e Com de Papeis Especiais LTDA. See 
Ahlstrom's Letter, ``Response to September 3, 2021 Letter from the 
Department of Commerce Requesting Company Name Clarification,'' 
dated September 9, 2021.
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    For the China Preliminary Determination, we relied upon information 
provided by the petitioners and on AFA for seven non-responsive 
companies because they failed to respond to Commerce's request for 
information.\11\ Additionally, we considered the no shipment responses

[[Page 71027]]

from Asia Symbol,\12\ Gold Huasheng,\13\ and Marubeni.\14\
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    \11\ These non-responsive companies are Central National Asia 
Limited, Kingdecor (Zhejiang) Co., Ltd., Shandong Sun Paper Industry 
Joint Stock Co Ltd, Sun Paper (Hong Kong) Co., Limited, and Sunpack 
Paper Products Company.
    \12\ Asia Symbol includes the following companies: Greenpoint 
Global Trading (Macao) Commercial Offshore Ltd. (Greenpoint)/Asia 
Symbol (Guangdong) Paper Co., Ltd./Asia Symbol (Shandong) Pulp and 
Paper Co., Ltd.
    \13\ Gold Huasheng Paper Co., Ltd Inc. (Gold Huasheng) also 
includes its affiliated parties Gold East Paper Co., Ltd., Hainan 
Jinhai Pulp and Paper Company, and Ningbo Zhonghua Paper Co, Ltd.
    \14\ Marubeni (China) Corporation, Ltd. (Marubeni) also includes 
its affiliates Marubeni America Corporation and Marubeni (Shanghai) 
Corporation, Ltd.
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    For the Indonesia Preliminary Determination, we based the 
determination on information provided by the petitioners, APP 
Indonesian Mills,\15\ APRIL,\16\ Great Champ Trading Limited, CellMark 
Paper Inc. (CellMark), Charta Global, and International Forest 
Products. We also relied on AFA in whole (for companies that failed to 
respond to Commerce's requests for information) \17\ or in part (for 
CellMark, which submitted incomplete information). For a complete 
discussion of the evidence which led to our preliminary determinations, 
see the Preliminary Determinations and accompanying Preliminary 
Decision Memoranda.
---------------------------------------------------------------------------

    \15\ APP Indonesian Mills includes PT. Indah Kiat Pulp and Paper 
Tbk; PT. Pabrik Kertas Tjiwi Kimia Tbk; and Pindo Deli Pulp and 
Paper.
    \16\ APRIL includes PT Anugrah Kertas Utama; PT Riau Andalan 
Kertas; APRIL Fine Paper Macao Commercial Offshore Limited; A P Fine 
Paper Trading (Hong Kong) Limited; and APRIL International 
Enterprise Pte. Ltd.
    \17\ These non-responsive companies are Advanced Paper; Alliance 
Converting LLC; Case Paper; LinkMax Paper; and Northwoods Paper 
Converting.
---------------------------------------------------------------------------

    Our final determinations remain unchanged from the Preliminary 
Determinations. Accordingly, we determine, pursuant to section 781(a) 
of the Act and 19 CFR 351.225(g), that imports of certain uncoated 
paper rolls from Brazil, China, and Indonesia are circumventing the 
Orders. We made no changes to the certification programs.

Liquidation of Entries

    For all entries of merchandise subject to the AD order on uncoated 
paper from Brazil, entered or withdrawn from warehouse for consumption 
on or before February 28, 2021, Commerce intends to instruct CBP to 
liquidate those entries at the applicable AD rates for those 
entries.\18\
---------------------------------------------------------------------------

    \18\ Commerce has completed its administrative reviews of the AD 
order on uncoated paper from Brazil for the periods of March 1, 
2019, through February 29, 2020, and March 2, 2020, through February 
28, 2021. Therefore, Commerce will instruct CBP to liquidate all 
entries through the end of the last completed administrative review 
period.
---------------------------------------------------------------------------

    For entries of subject-paper rolls from China that were entered, or 
withdrawn from warehouse, for consumption from October 10, 2019, 
through October 17, 2019, Commerce intends to instruct Customs and 
Border Protection (CBP) to liquidate those entries without regard to AD 
or CVD duties.\19\ For entries of subject-paper rolls from China that 
were produced, exported, or imported by companies other than the non-
responsive companies,\20\ entered, or withdrawn from warehouse, for 
consumption from November 6, 2020, through November 12, 2020, Commerce 
intends to instruct CBP to liquidate those entries without regard to AD 
or CVD duties.\21\
---------------------------------------------------------------------------

    \19\ In the China Preliminary Determination, we suspended 
liquidation for entries produced or exported by CNAL, Kingdecor, 
Shandong Sun Paper, Sun Paper HK, and Sunpack starting October 10, 
2019, the date we initiated these inquiries. To be consistent with 
the other inquiries for uncoated paper rolls, we are modifying this 
date to October 18, 2019, the publication date of the Initiation 
Notice.
    \20\ The non-responsive companies from the China inquiries are 
CNAL, Kingdecor, Shandong Sun Paper, Sun Paper HK, and Sunpack.
    \21\ The China Preliminary Determination stated that for all 
other entries of subject-paper rolls, Commerce would instruct CBP to 
suspend liquidation beginning November 6, 2020, i.e., the signature 
date of the preliminary determination. To be consistent with the 
other inquiries for uncoated paper rolls, we are modifying the 
effective date for all other entries from China to November 13, 
2020, i.e., the publication date of the China Preliminary 
Determination.
---------------------------------------------------------------------------

    For all entries of merchandise subject to the AD order on uncoated 
paper from Indonesia, entered or withdrawn from warehouse for 
consumption on or before February 28, 2021, Commerce intends to 
instruct CBP to liquidate those entries at the applicable AD rates for 
those entries.\22\ For all entries of merchandise subject to the CVD 
order on uncoated paper from Indonesia, entered or withdrawn from 
warehouse for consumption on or before December 31, 2020, Commerce 
intends to instruct CBP to liquidate those entries at the applicable 
CVD rates for those entries.\23\
---------------------------------------------------------------------------

    \22\ Commerce is not conducting an administrative review of the 
AD order on uncoated paper from Indonesia for the period ending on 
February 28, 2021. Therefore, Commerce will instruct CBP to 
liquidate all entries through the end of the last administrative 
review period.
    \23\ Commerce is not conducting an administrative review of the 
CVD order on uncoated paper from Indonesia for the period ending on 
December 31, 2020. Therefore, Commerce will instruct CBP to 
liquidate all entries through the end of the last administrative 
review period.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    As a result of this determination, and consistent with 19 CFR 
351.225(l)(3), we will instruct CBP to continue to suspend the 
liquidation of all entries of subject-paper rolls entered under the 
Brazil, China, and Indonesia AD orders after February 28, 2021, and all 
entries entered under the China and Indonesia CVD orders after December 
31, 2020, and to require cash deposits of estimated AD and CVD duties 
at the applicable subject merchandise rates.

Certification Requirements

    As a result of these anti-circumvention proceedings, subject-paper 
rolls, as defined above, produced in Brazil, China, and Indonesia that 
are further processed into uncoated paper sheets in the United States, 
are subject to the . Accordingly, pursuant to 19 CFR 351.228,\24\ 
Commerce is continuing to impose a certification requirement for 
purposes of enforcing and administering its final determinations. 
Therefore, if an importer imports subject-paper rolls from Brazil, 
China or Indonesia that will not be further processed into uncoated 
paper sheets, in order to not be subject to cash deposit requirements, 
the importer is required to meet the certification and documentation 
requirements described in Appendix IV for merchandise from Brazil, 
Appendix VI for merchandise from China, and VIII for merchandise from 
Indonesia. Properly certified entries are not subject to AD/CVD duties 
under the Orders. Exemption from AD and CVD duties under the Orders is 
permitted only if the certification and documentation specified in 
Appendices IV and V for merchandise from Brazil, Appendices VI and VII 
for merchandise from China, and VIII and IX for merchandise from 
Indonesia, are met.
---------------------------------------------------------------------------

    \24\ On September 20, 2021, Commerce adopted a new regulation, 
19 CFR 351.228, which codifies Commerce's certification practice. 
See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 10, 
2021) (adopting 19 CFR 351.228 effective October 20, 2021).
---------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to all parties subject 
to the administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(a) of the Act, and 19 CFR 351.225(g).


[[Page 71028]]


    Dated: December 7, 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 I

List of Topics Discussed in the Issues and Decision Memorandum: Brazil 
Final Determination

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Anti-Circumvention Inquiry
V. Discussion of the Issues
    Comment 1: Whether Commerce's Determination was Contrary to the 
Purpose of Section 781 of the Act
    Comment 2: Whether the Merchandise Analyzed by Commerce is of 
the Same Class or Kind as Subject Merchandise and Whether the 
Merchandise Analyzed by Commerce is Further Processed in the United 
States
    Comment 3: Whether the Production Process in the United States 
is Minor or Insignificant
    Comment 4: Whether the Additional Factors Under Section 
781(a)(3) of the Act Support an Affirmative Determination
    Comment 5: Whether Commerce Properly Defined the Subject-Paper 
Rolls
    Comment 6: Whether Commerce Considered All Record Information
    Comment 7: Whether Commerce's Adverse Facts Available (AFA) 
Determination is Supported by Substantial Evidence
    Comment 8: Whether a Country-Wide Finding is Appropriate
    Comment 9: Whether Commerce Must Consider A Significant Injury 
Issue
VI. Recommendation

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum: 
Indonesia Final Determination

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Anti-Circumvention Inquiries
V. Discussion of the Issues
    Comment 1: Whether Commerce Had a Reasonable Basis to Initiate 
This Inquiry
    Comment 2: Whether Commerce Properly Analyzed the Conversion 
Cost Factors
VI. Recommendation

Appendix III

List of Topics Discussed in the Issues and Decision Memorandum: 
Certification Program

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Scope and Anti-Circumvention 
Inquiries
V. Discussion of the Issues
    Comment 1: Whether the Range of Products Covered by 
Certifications Should be Modified
    Comment 2: Whether CBP Should Administer the Importer 
Certifications
    Comment 3: Whether the Draft Certification Requirements Should 
Be Modified
    Comment 4: Whether Commerce Should Allow Ahlstrom's Importers To 
Certify Subject Rolls
VI. Recommendation

Appendix IV

Certification Requirements: Brazil

    If an importer imports subject-paper rolls from Brazil and 
claims that the subject-paper rolls will not be further processed 
into uncoated paper sheets covered by the Order, the importer is 
required to complete and maintain the importer certification 
attached hereto at Appendix V 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 Brazil are eligible 
for the certification process detailed below, with the exception 
that entries of subject-paper rolls produced and/or exported by 
Ahlstrom Brasil Ltd., Ahlstrom-Munksjo Brasil Industria e Comercio 
de Papeis Especiais Ltda, and/or Ahlstrom-Munksj[ouml] Brasil 
Ind[uacute]stria e Com[eacute]rcio de Pap[eacute]is Especiais LTDA. 
are ineligible for certification.
    For entries of subject-paper rolls from Brazil entered, or 
withdrawn from warehouse, for consumption on or after the date this 
final determination was signed for which the importer claims that 
the rolls will not be further processed into uncoated paper subject 
to the order, 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 shipments and/or entries for which certifications are 
required, importers should complete the required certification at or 
prior to the date of Entry Summary.

Appendix V

Importer Certification: Brazil

    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 Brazil that entered under 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 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 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.
    (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 #:

[[Page 71029]]

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 duty order on certain uncoated paper from Brazil. 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 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 
Brazil 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} 

Appendix VI

Certification Requirements: China

    If an importer imports subject-paper rolls from China 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 VII 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 China are eligible for 
the certification process detailed below. However, entries of 
subject-paper rolls produced and/or exported by Central National 
Asia Limited (CNAL), Kingdecor (Zhejiang) Co., Ltd. (Kingdecor), 
Shandong Sun Paper Industry Joint Stock Co Ltd (Shandong Sun Paper), 
Sun Paper (Hong Kong) Co., Limited (Sun Paper HK), and Sunpack Paper 
Products Company (Sunpack), are ineligible for certification.
    For entries of subject-paper rolls from China entered, or 
withdrawn from warehouse, for consumption on or after the date this 
final determination was 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 shipments and/or entries for which certifications are 
required, importers should complete the required certification at or 
prior to the date of Entry Summary.

Appendix VII

Importer Certification: China

    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 the People's Republic of China 
(China) that entered under 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 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} . ``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.
    (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:


[[Page 71030]]


    (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 China. 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 
China 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} 

Appendix VIII

Certification Requirements: Indonesia

    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 IX 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 
final 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 shipments and/or entries for which certifications are 
required, importers should complete the required certification at or 
prior to the date of Entry Summary.

Appendix IX

Importer Certification: Indonesia

    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 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.
    (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

[[Page 71031]]

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. 2021-26996 Filed 12-13-21; 8:45 am]
BILLING CODE 3510-DS-P