Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Continuation of Antidumping Duty and Countervailing Duty Orders, 7426-7428 [2022-02686]
Download as PDF
<![CDATA[
7426
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
A–570–073 and C–570–074: Common
Alloy Aluminum Sheet From China
Requestor: Valeo Group and its
affiliates. The T-series aluminum sheet
imported by Valeo Group and its
affiliates is covered by the scope of the
antidumping and countervailing duty
orders on common alloy aluminum
sheet from China because it is a flat
aluminum product having a thickness of
6.3 mm or less, but greater than 0.2 mm,
is a multi-alloy, clad aluminum sheet
produced from a 3XXX-series core.
Commerce found that an unregistered
alloy (i.e., a proprietary alloy) is still
covered by the scope of the orders if it
corresponds to one of the one-digit alloy
series identified in the scope language,
i.e., series 1XXX, 3XXX, or 5XXX;
October 15, 2021.
Anti-Circumvention Made October 1,
2021, Through December 31, 2021
Brazil
A–351–842: Certain Uncoated Paper
From Brazil
Requestors: 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. Certain
uncoated paper rolls that are commonly,
but not exclusively, known as ‘‘sheeter
rolls’’ from Brazil that are further
processed in the United States into
individual sheets of uncoated paper are
subject to the order (i.e., paper that
weighs at least 40 grams per square
meter but not more than 150 grams per
square meter; and that either is a white
paper with a GE brightness level of 83
+/¥1% or higher or is a colored paper
(as defined in the scope of the order)).
The uncoated paper rolls covered by the
order 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. These uncoated
paper rolls are classified under HTSUS
category 4802.55; December 14, 2021.
China
lotter on DSK11XQN23PROD with NOTICES1
A–570–943 and C–570–944: Oil Country
Tubular Goods From China
Requestor: Self-initiated. Imports of
welded oil country tubular goods
completed in Brunei or the Philippines
using inputs manufactured in China are
circumventing the antidumping and
countervailing duty orders on welded
oil country tubular goods from China;
November 26, 2021.
VerDate Sep<11>2014
17:29 Feb 08, 2022
Jkt 256001
A–570–022 and C–570–023: Certain
Uncoated Paper From China
Requestors: 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. Certain
uncoated paper rolls that are commonly,
but not exclusively, known as ‘‘sheeter
rolls’’ from China that are further
processed in the United States into
individual sheets of uncoated paper are
subject to the order (i.e., paper that
weighs at least 40 grams per square
meter but not more than 150 grams per
square meter; and that either is a white
paper with a GE brightness level of 83
+/¥1% or higher or is a colored paper
(as defined in the scope of the order)).
The uncoated paper rolls covered by the
order 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. These uncoated
paper rolls are classified under HTSUS
category 4802.55; December 14, 2021.
Indonesia
made during the period October 1, 2021
through December 31, 2021. Any
comments should be submitted to the
Deputy Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, via email to
CommerceCLU@trade.gov.
This notice is published in
accordance with 19 CFR 351.225(o).
Dated: February 3, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2022–02651 Filed 2–8–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–807; A–351–842; A–570–022; A–
560–828; A–471–807; C–570–023; C–560–
829]
Certain Uncoated Paper From
Australia, Brazil, the People’s Republic
of China, Indonesia, and Portugal:
Continuation of Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) orders on certain uncoated paper
(uncoated paper) from Australia, Brazil,
the People’s Republic of China (China),
Indonesia, and Portugal, and the
countervailing duty (CVD) orders on
uncoated paper from China and
Indonesia, would likely lead to a
continuation or recurrence of dumping,
net countervailable subsidies, and
material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of these AD and
CVD orders.
DATES: Applicable February 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0012.
SUPPLEMENTARY INFORMATION:
AGENCY:
A–560–828 and C–560–829: Certain
Uncoated Paper From Indonesia
Requestors: 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. Certain
uncoated paper rolls that are commonly,
but not exclusively, known as ‘‘sheeter
rolls’’ from Indonesia that are further
processed in the United States into
individual sheets of uncoated paper are
subject to the order (i.e., paper that
weighs at least 40 grams per square
meter but not more than 150 grams per
square meter; and that either is a white
paper with a GE brightness level of 83
+/¥1% or higher or is a colored paper
(as defined in the scope of the order)).
The uncoated paper rolls covered by the
order 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. These uncoated
paper rolls are classified under HTSUS
category 4802.55; December 14, 2021.
Background
Notification to Interested Parties
Interested parties are invited to
comment on the completeness of this
list of completed scope inquiries and
anti-circumvention determinations
On March 3, 2016, Commerce
published AD orders on uncoated paper
from Australia, Brazil, China, Indonesia,
and Portugal, and CVD orders on
uncoated paper from China and
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
E:\FR\FM\09FEN1.SGM
09FEN1
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
Indonesia.1 On February 1, 2021,
Commerce initiated the first five-year
(sunset) reviews of the Orders pursuant
to section 751(c) of the Tariff Act of
1930, as amended (the Act).2 As a result
of its reviews, Commerce determined
that revocation of the AD Orders would
likely lead to a continuation or
recurrence of dumping and that
revocation of the CVD Orders would
likely lead to the continuation or
recurrence of countervailable subsidies.
Therefore, Commerce notified the ITC of
the magnitude of the margins and net
countervailable subsidy rates likely to
prevail should the Orders be revoked.3
On February 3, 2022, the ITC published
its determination, pursuant to section
751(c) of the Act, that revocation of the
Orders would likely lead to a
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.4
lotter on DSK11XQN23PROD with NOTICES1
Scope of the Orders
The scope of the Orders includes
uncoated paper in sheet form; weighing
at least 40 grams per square meter but
not more than 150 grams per square
meter; that either is a white paper with
a GE brightness level 3 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).
1 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR
11174 (March 3, 2016) (AD Orders); see also Certain
Uncoated Paper from Indonesia and the People’s
Republic of China: Amended Final Affirmative
Countervailing Duty Determination and
Countervailing Duty Order (Indonesia) and
Countervailing Duty Order (People’s Republic of
China), 81 FR 11187 (March 3, 2016) (CVD Orders)
(collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 86
FR 7709 (February 1, 2021).
3 See Uncoated Paper from Australia, Brazil, the
People’s Republic of China, Indonesia, and
Portugal: Final Results of the Expedited First Sunset
Reviews of the Antidumping Duty Orders, 86 FR
29248 (June 1, 2021), and accompanying Issues and
Decision Memorandum (IDM); Certain Uncoated
Paper from Indonesia: Final Results of the
Expedited Five-Year Sunset Review of the
Countervailing Duty Order; 86 FR 29243 (June 1,
2021), and accompanying IDM; and Certain
Uncoated Paper from the People’s Republic of
China: Final Results of the Expedited Five-Year
Sunset Review of the Countervailing Duty Order; 86
FR 30260 (June 7, 2021), and accompanying IDM.
4 See Uncoated Paper from Australia, Brazil,
China, Indonesia, and Portugal, 87 FR 6203
(February 3, 2022); see also Uncoated Paper from
Australia, Brazil, China, Indonesia, and Portugal
(Inv. Nos. 701–TA–528–529 and 731–TA–1264–
1268 (Review), USITC Publication 5275, January
2022).
VerDate Sep<11>2014
17:29 Feb 08, 2022
Jkt 256001
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 December 14, 2021, Commerce
determined that imports of 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 the scope of these Orders 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 ‘‘subjectpaper 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 these Orders. Failure to comply
with the requisite certification
requirement may result in the
merchandise being found subject to AD
and CVD duties.5
5 See 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, 86 FR 71025 (December 14, 2021).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
7427
Imports of the subject merchandise
are provided for under Harmonized
Tariff Schedule of the United States
(HTSUS) categories 4802.55.1000,
4802.55.2000, 4802.55.3000,
4802.55.4000, 4802.55.6000,
4802.55.7020, 4802.55.7040,
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.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the
continuation of the AD orders on
uncoated paper from Australia, Brazil,
China, Indonesia, and Portugal, and the
continuation of the CVD orders on
uncoated paper from China and
Indonesia. U.S. Customs and Border
Protection will continue to collect AD
and CVD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise. The effective
date of the continuation of the Orders
will be the date of publication in the
Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act, Commerce intends
to initiate the next five-year reviews of
the Orders not later than 30 days prior
to the fifth anniversary of the effective
date of continuation.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
E:\FR\FM\09FEN1.SGM
09FEN1
7428
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: February 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–02686 Filed 2–8–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–896]
Magnesium Metal From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that
Tianjin Magnesium International, Co.,
Ltd. (TMI) and Tianjin Magnesium
Metal, Co., Ltd. (TMM) had no
shipments of subject merchandise
covered by the antidumping duty order
on magnesium metal from the People’s
Republic of China (China) for the period
of review (POR) April 1, 2020, through
March 31, 2021.
DATES: Applicable February 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Deborah Cohen, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4521.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 13, 2021, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 No interested party
submitted comments concerning the
Preliminary Results or requested a
hearing in this administrative review.
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 2
lotter on DSK11XQN23PROD with NOTICES1
The product covered by the Order is
magnesium metal from China, which
1 See Magnesium Metal from the People’s
Republic of China: Preliminary Results of
Antidumping Administrative Review; 2020–2021,
86 FR 56892 (October 13, 2021) (Preliminary
Results).
2 See Notice of Antidumping Duty Order:
Magnesium Metal from the People’s Republic of
China, 70 FR 19928 (April 15, 2005) (Order).
VerDate Sep<11>2014
17:29 Feb 08, 2022
Jkt 256001
includes primary and secondary alloy
magnesium metal, regardless of
chemistry, raw material source, form,
shape, or size. Magnesium is a metal or
alloy containing by weight primarily the
element magnesium. Primary
magnesium is produced by
decomposing raw materials into
magnesium metal. Secondary
magnesium is produced by recycling
magnesium-based scrap into magnesium
metal. The magnesium covered by the
Order includes blends of primary and
secondary magnesium. The subject
merchandise includes the following
alloy magnesium metal products made
from primary and/or secondary
magnesium including, without
limitation, magnesium cast into ingots,
slabs, rounds, billets, and other shapes;
magnesium ground, chipped, crushed,
or machined into rasping, granules,
turnings, chips, powder, briquettes, and
other shapes; and products that contain
50 percent or greater, but less than 99.8
percent, magnesium, by weight, and that
have been entered into the United States
as conforming to an ‘‘ASTM
Specification for Magnesium Alloy’’ 3
and are thus outside the scope of the
existing antidumping orders on
magnesium from China (generally
referred to as ‘‘alloy’’ magnesium).
The scope of the Order excludes: (1)
All forms of pure magnesium, including
chemical combinations of magnesium
and other material(s) in which the pure
magnesium content is 50 percent or
greater, but less than 99.8 percent, by
weight, that do not conform to an
‘‘ASTM Specification for Magnesium
Alloy;’’ 4 (2) magnesium that is in liquid
or molten form; and (3) mixtures
containing 90 percent or less
magnesium in granular or powder form
by weight and one or more of certain
non-magnesium granular materials to
make magnesium-based reagent
mixtures, including lime, calcium
metal, calcium silicon, calcium carbide,
calcium carbonate, carbon, slag
coagulants, fluorspar, nephaline syenite,
feldspar, alumina (Al203), calcium
aluminate, soda ash, hydrocarbons,
graphite, coke, silicon, rare earth
3 The meaning of this term is the same as that
used by the American Society for Testing and
Materials in its Annual Book for ASTM Standards:
Volume 01.02 Aluminum and Magnesium Alloys.
4 The material is already covered by existing
antidumping orders. See Notice of Antidumping
Duty Orders: Pure Magnesium from the People’s
Republic of China, the Russian Federation and
Ukraine; Notice of Amended Final Determination of
Sales at Less Than Fair Value: Antidumping Duty
Investigation of Pure Magnesium from the Russian
Federation, 60 FR 25691 (May 12, 1995); and
Antidumping Duty Order: Pure Magnesium in
Granular Form from the People’s Republic of China,
66 FR 57936 (November 19, 2001).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
metals/mischmetal, cryolite, silica/fly
ash, magnesium oxide, periclase,
ferroalloys, dolomite lime, and
colemanite.5 The merchandise subject to
this Order is classifiable under items
8104.19.00, and 8104.30.00 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined TMI and TMM had no
shipments of subject merchandise to the
United States during the POR.6 As noted
in the Preliminary Results, we received
no-shipment statements from TMI and
TMM,7 and the statements were
consistent with the information we
received from U.S. Customs and Border
Protection (CBP).8 Because Commerce
did not receive any comments on its
preliminary finding, Commerce
continues to find that TMI and TMM
did not have any shipments of subject
merchandise during the POR.
Assessment Rates
Based on record evidence, we have
determined that TMI and TMM had no
shipments of subject merchandise
during the POR, and, therefore,
pursuant to Commerce’s assessment
practice, any suspended entries entered
under their case numbers will be
liquidated at the China-wide entity
rate.9
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
5 This third exclusion for magnesium-based
reagent mixtures is based on the exclusion for
reagent mixtures in the 2000–2001 investigations of
magnesium from China, Israel, and Russia. See
Final Determination of Sales at Less Than Fair
Value: Pure Magnesium in Granular Form from the
People’s Republic of China, 66 FR 49345
(September 27, 2001); see also Final Determination
of Sales at Less Than Fair Value: Pure Magnesium
from Israel, 66 FR 49349 (September 27, 2001); and
Final Determination of Sales at Not Less Than Fair
Value: Pure Magnesium from the Russian
Federation, 66 FR 49347 (September 27, 2001).
These mixtures are not magnesium alloys, because
they are not combined in liquid form and cast into
the same ingot.
6 See Preliminary Results, 86 FR at 56892.
7 Id., 86 FR at 56893.
8 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Magnesium Metal from
the People’s Republic of China, 04/01/2020–03/31/
2021: Entry Data and No Shipment Inquiry,’’ dated
July 14, 2021. On June 23, 2021, Commerce issued
a no shipment inquiry to U.S. Customs and Border
Protection (CBP) with respect to TMI and TMM. On
July 6, 2021, CBP responded that it had no evidence
of shipments of magnesium metal from China
exported by TMI and TMM during the POR.
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
E:\FR\FM\09FEN1.SGM
09FEN1
]]>Agencies
[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7426-7428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02686]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-807; A-351-842; A-570-022; A-560-828; A-471-807; C-570-023; C-
560-829]
Certain Uncoated Paper From Australia, Brazil, the People's
Republic of China, Indonesia, and Portugal: Continuation of Antidumping
Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) orders on certain uncoated
paper (uncoated paper) from Australia, Brazil, the People's Republic of
China (China), Indonesia, and Portugal, and the countervailing duty
(CVD) orders on uncoated paper from China and Indonesia, would likely
lead to a continuation or recurrence of dumping, net countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD and CVD
orders.
DATES: Applicable February 9, 2022.
FOR FURTHER INFORMATION CONTACT: Patrick Barton, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0012.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2016, Commerce published AD orders on uncoated paper
from Australia, Brazil, China, Indonesia, and Portugal, and CVD orders
on uncoated paper from China and
[[Page 7427]]
Indonesia.\1\ On February 1, 2021, Commerce initiated the first five-
year (sunset) reviews of the Orders pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).\2\ As a result of its
reviews, Commerce determined that revocation of the AD Orders would
likely lead to a continuation or recurrence of dumping and that
revocation of the CVD Orders would likely lead to the continuation or
recurrence of countervailable subsidies. Therefore, Commerce notified
the ITC of the magnitude of the margins and net countervailable subsidy
rates likely to prevail should the Orders be revoked.\3\ On February 3,
2022, the ITC published its determination, pursuant to section 751(c)
of the Act, that revocation of the Orders would likely lead to a
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------
\1\ See Certain Uncoated Paper from Australia, Brazil,
Indonesia, the People's Republic of China, and Portugal: Amended
Final Affirmative Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR 11174 (March 3, 2016)
(AD Orders); see also Certain Uncoated Paper from Indonesia and the
People's Republic of China: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order (Indonesia) and
Countervailing Duty Order (People's Republic of China), 81 FR 11187
(March 3, 2016) (CVD Orders) (collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 7709
(February 1, 2021).
\3\ See Uncoated Paper from Australia, Brazil, the People's
Republic of China, Indonesia, and Portugal: Final Results of the
Expedited First Sunset Reviews of the Antidumping Duty Orders, 86 FR
29248 (June 1, 2021), and accompanying Issues and Decision
Memorandum (IDM); Certain Uncoated Paper from Indonesia: Final
Results of the Expedited Five-Year Sunset Review of the
Countervailing Duty Order; 86 FR 29243 (June 1, 2021), and
accompanying IDM; and Certain Uncoated Paper from the People's
Republic of China: Final Results of the Expedited Five-Year Sunset
Review of the Countervailing Duty Order; 86 FR 30260 (June 7, 2021),
and accompanying IDM.
\4\ See Uncoated Paper from Australia, Brazil, China, Indonesia,
and Portugal, 87 FR 6203 (February 3, 2022); see also Uncoated Paper
from Australia, Brazil, China, Indonesia, and Portugal (Inv. Nos.
701-TA-528-529 and 731-TA-1264-1268 (Review), USITC Publication
5275, January 2022).
---------------------------------------------------------------------------
Scope of the Orders
The scope of the Orders includes uncoated paper in sheet form;
weighing at least 40 grams per square meter but not more than 150 grams
per square meter; that either is a white paper with a GE brightness
level 3 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 December 14, 2021, Commerce determined that imports of 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 the scope of these Orders 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 these
Orders. Failure to comply with the requisite certification requirement
may result in the merchandise being found subject to AD and CVD
duties.\5\
---------------------------------------------------------------------------
\5\ See 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, 86 FR 71025 (December
14, 2021).
---------------------------------------------------------------------------
Imports of the subject merchandise are provided for under
Harmonized Tariff Schedule of the United States (HTSUS) categories
4802.55.1000, 4802.55.2000, 4802.55.3000, 4802.55.4000, 4802.55.6000,
4802.55.7020, 4802.55.7040, 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.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the AD orders on
uncoated paper from Australia, Brazil, China, Indonesia, and Portugal,
and the continuation of the CVD orders on uncoated paper from China and
Indonesia. U.S. Customs and Border Protection will continue to collect
AD and CVD cash deposits at the rates in effect at the time of entry
for all imports of subject merchandise. The effective date of the
continuation of the Orders will be the date of publication in the
Federal Register of this notice of continuation. Pursuant to section
751(c)(2) of the Act, Commerce intends to initiate the next five-year
reviews of the Orders not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with
[[Page 7428]]
section 751(c) of the Act and published pursuant to section 777(i)(1)
of the Act.
Dated: February 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-02686 Filed 2-8-22; 8:45 am]
BILLING CODE 3510-DS-P
