Certain Uncoated Paper From Australia: Negative Final Determination of Circumvention of the Antidumping Duty Order for Certain Uncoated Paper Rolls, 67869-67870 [2022-24605]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices
final results of this review. We will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for each
importer’s examined sales and the total
entered value of the importer’s sales in
accordance with 19 CFR 351.212(b)(1).
Where the respondent’s weightedaverage dumping margin is either zero
or de minimis within the meaning of 19
CFR 351.106(c), or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed company did
not know that the merchandise they
sold to the intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.6
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
the completed segment for the most
recent period; (3) if the exporter is not
a firm covered in this review, a prior
review, or the original investigation but
the producer has been covered in a prior
complete segment of this proceeding,
the cash deposit rate will be the
company-specific rate established in the
completed segment for the most recent
period for the producer of the
merchandise; (4) the cash deposit rate
for all other producers and exporters
will continue to be 15.45 percent, the
all-others rate established in the section
129 determination.7
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Cash Deposit Requirements
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
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.
The following cash deposit
requirements for estimated antidumping
duties will be effective for all shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Di Martino/Dei
Campi will be equal to its weightedaverage dumping margin established in
the final results of this administrative
review (except if that rate is de minimis,
in which situation the cash deposit rate
will be zero); (2) for merchandise
exported by a company not covered in
this review but covered in a prior
completed segment of the proceeding,
the cash deposit rate will continue to be
the company-specific rate published in
6 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
VerDate Sep<11>2014
17:43 Nov 09, 2022
Jkt 259001
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Administrative Protective Order
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
7 See Implementation of the Findings of the WTO
Panel in US-Zeroing (EC): Notice of Determinations
Under Section 129 of the Uruguay Round
Agreements Act and Revocations and Partial
Revocations of Certain Antidumping Duty Orders,
72 FR 25261 (May 4, 2007).
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67869
Dated: November 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–24566 Filed 11–9–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–807]
Certain Uncoated Paper From
Australia: Negative Final Determination
of Circumvention of the Antidumping
Duty Order for Certain Uncoated Paper
Rolls
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of certain uncoated paper rolls
from Australia were not completed by
conversion into subject sheets of paper
in the United States and, therefore, such
imports are not circumventing the
antidumping duty (AD) order on certain
uncoated paper from Australia, within
the meaning of section 781(a) of the
Tariff Act of 1930, as amended (the Act).
DATES: Applicable November 10, 2022.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 27, 2021, Commerce
published in the Federal Register its
preliminary negative circumvention
determination 1 finding that imports of
certain uncoated paper rolls from
Australia were not completed by
conversion into sheets subject to the
Order 2 during the inquiry period.
During August and September 2022,
Commerce verified the questionnaire
responses of the sole producer/exporter
of certain uncoated paper rolls, Paper
Australia Pty. Ltd., and its U.S. affiliate,
1 See Certain Uncoated Paper from Australia:
Negative Preliminary Determination of
Circumvention of the Antidumping Duty Order for
Uncoated Paper Rolls, 86 FR 7256 (January 27,
2021), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Certain Uncoated Paper from Australia,
Brazil, Indonesia, the People’s Republic of China,
and Portugal: Amended Final Affirmative
Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR
11174 (March 3, 2016) (Order).
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67870
Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices
Paper Products Marketing (USA) Inc.3
No interested parties submitted case
briefs.
lotter on DSK11XQN23PROD with NOTICES1
Scope of the Order
The merchandise subject to this Order
includes uncoated paper in sheet form;
weighing at least 40 grams per square
meter but not more than 150 grams per
square meter; that either is a white
paper with a GE brightness level 4 of 85
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 this Order.5
3 See Memoranda, ‘‘Verification of Paper
Australia Pty. Ltd.’s Responses,’’ dated September
21, 2022; and ‘‘Verification of Paper Products
Marketing (USA) Inc.,’’ dated September 21, 2022.
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,
VerDate Sep<11>2014
17:43 Nov 09, 2022
Jkt 259001
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
Order is dispositive.
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
certain uncoated paper rolls that are
commonly, but not exclusively, known
as ‘‘sheeter rolls,’’ from Australia that
are further processed in the United
States into individual sheets of
uncoated paper that would otherwise be
subject to the Order (i.e., paper that
weighs at least 40 grams per square
meter but not more than 150 grams per
square meter; and that either is a white
paper with a GE brightness level of 83
+/¥1% or higher or is a colored paper
(as defined above)). The uncoated paper
rolls covered by this inquiry are able to
be converted into sheets of uncoated
paper using specialized cutting
machinery prior to printing, and are
typically, but not exclusively, between
52 and 103 inches wide and 50 inches
in diameter. The paper rolls covered by
this inquiry are classified under HTSUS
subheading 4802.55.
Therefore, these exports to the United
States of uncoated paper rolls from
Australia are not circumventing the
Order.
Administrative Protective Order
This notice will serve as the only
reminder to all parties subject to an
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).
Dated: November 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–24605 Filed 11–9–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–883]
Glycine From India: Final Results of
Antidumping Duty Administrative
Review; 2020–2021
Final Determination
We determine that the uncoated paper
rolls from Australia that are subject to
this inquiry are not being completed by
conversion in the United States into
sheets of uncoated paper that would
otherwise be subject to the Order.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
producers or exporters subject to this
administrative review made sales of
subject merchandise below normal
value during the period of review June
1, 2020, through May 31, 2021.
DATES: Applicable November 10, 2022.
FOR FURTHER INFORMATION CONTACT:
Emily Bradshaw or Yang Jin Chun, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3896 or (202) 482–5760,
respectively.
SUPPLEMENTARY INFORMATION:
and Portugal: Affirmative Final Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders, 82 FR 41610
(September 1, 2017).
6 See Preliminary Results PDM for a full
description of the methodology.
Background
On July 7, 2022, Commerce published
the Preliminary Results of the 2020–
2021 administrative review of the
antidumping duty order on glycine from
Methodology
Commerce conducted this
circumvention inquiry in accordance
with section 781(a) of the Act.6 We have
continued to apply this methodology,
and incorporate by reference this
description of the methodology, for our
final determination.
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AGENCY:
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]]>Agencies
[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67869-67870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24605]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-807]
Certain Uncoated Paper From Australia: Negative Final
Determination of Circumvention of the Antidumping Duty Order for
Certain Uncoated Paper Rolls
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of certain uncoated paper rolls from Australia were not
completed by conversion into subject sheets of paper in the United
States and, therefore, such imports are not circumventing the
antidumping duty (AD) order on certain uncoated paper from Australia,
within the meaning of section 781(a) of the Tariff Act of 1930, as
amended (the Act).
DATES: Applicable November 10, 2022.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2021, Commerce published in the Federal Register its
preliminary negative circumvention determination \1\ finding that
imports of certain uncoated paper rolls from Australia were not
completed by conversion into sheets subject to the Order \2\ during the
inquiry period. During August and September 2022, Commerce verified the
questionnaire responses of the sole producer/exporter of certain
uncoated paper rolls, Paper Australia Pty. Ltd., and its U.S.
affiliate,
[[Page 67870]]
Paper Products Marketing (USA) Inc.\3\ No interested parties submitted
case briefs.
---------------------------------------------------------------------------
\1\ See Certain Uncoated Paper from Australia: Negative
Preliminary Determination of Circumvention of the Antidumping Duty
Order for Uncoated Paper Rolls, 86 FR 7256 (January 27, 2021), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Certain Uncoated Paper from Australia, Brazil,
Indonesia, the People's Republic of China, and Portugal: Amended
Final Affirmative Antidumping Determinations for Brazil and
Indonesia and Antidumping Duty Orders, 81 FR 11174 (March 3, 2016)
(Order).
\3\ See Memoranda, ``Verification of Paper Australia Pty. Ltd.'s
Responses,'' dated September 21, 2022; and ``Verification of Paper
Products Marketing (USA) Inc.,'' dated September 21, 2022.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this Order includes uncoated paper in
sheet form; weighing at least 40 grams per square meter but not more
than 150 grams per square meter; that either is a white paper with a GE
brightness level \4\ of 85 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).
---------------------------------------------------------------------------
\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 this Order.\5\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 Order is dispositive.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers certain uncoated paper rolls that
are commonly, but not exclusively, known as ``sheeter rolls,'' from
Australia that are further processed in the United States into
individual sheets of uncoated paper that would otherwise be subject to
the Order (i.e., paper that weighs at least 40 grams per square meter
but not more than 150 grams per square meter; and that either is a
white paper with a GE brightness level of 83 +/-1% or higher or is a
colored paper (as defined above)). The uncoated paper rolls covered by
this inquiry are able to be converted into sheets of uncoated paper
using specialized cutting machinery prior to printing, and are
typically, but not exclusively, between 52 and 103 inches wide and 50
inches in diameter. The paper rolls covered by this inquiry are
classified under HTSUS subheading 4802.55.
Methodology
Commerce conducted this circumvention inquiry in accordance with
section 781(a) of the Act.\6\ We have continued to apply this
methodology, and incorporate by reference this description of the
methodology, for our final determination.
---------------------------------------------------------------------------
\6\ See Preliminary Results PDM for a full description of the
methodology.
---------------------------------------------------------------------------
Final Determination
We determine that the uncoated paper rolls from Australia that are
subject to this inquiry are not being completed by conversion in the
United States into sheets of uncoated paper that would otherwise be
subject to the Order. Therefore, these exports to the United States of
uncoated paper rolls from Australia are not circumventing the Order.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an 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).
Dated: November 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-24605 Filed 11-9-22; 8:45 am]
BILLING CODE 3510-DS-P
