[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7256-7257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01784]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-807]
Certain Uncoated Paper From Australia: Negative Preliminary
Determination of Circumvention of the Antidumping Duty Order for
Uncoated Paper Rolls
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that imports of certain uncoated paper rolls from Australia were not
completed by conversion into sheets of paper in the United States and,
therefore, such imports are not circumventing the antidumping duty (AD)
order on certain uncoated paper products from Australia, within the
meaning of section 781(a) of the Tariff Act of 1930, as amended (the
Act). We invite interested parties to comment on this preliminary
determination.
DATES: Applicable January 27, 2021.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On October 10, 2019, Commerce initiated an anti-circumvention
inquiry to determine whether imports of certain uncoated paper rolls
that are further processed into uncoated paper sheets in the United
States \1\ are circumventing the Order on certain uncoated paper from
Australia.\2\ Commerce issued a questionnaire soliciting data on the
quantity and value (Q&V) of exports of uncoated paper rolls to
Australian Paper Pty. Ltd. (Australian Paper) and received a timely
response, in which Australian Paper notified Commerce that it had no
shipments of inquiry merchandise during the period under consideration.
Thereafter, Commerce selected Australian Paper as the sole mandatory
respondent in this inquiry in order to examine its no shipment claim,
and we issued an initial questionnaire and two supplemental
questionnaires to this company. Australian Paper submitted timely
responses to these questionnaires. For a complete description of the
events that followed the initiation of this inquiry, see the
Preliminary Decision Memorandum.\3\
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\1\ See Certain Uncoated Paper Products from Australia, Brazil,
the People's Republic of China, and Indonesia: Initiation of Anti-
Circumvention Inquiry on the Antidumping and Countervailing Duty
Orders, 84 FR 55915 (October 18, 2019).
\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 Memorandum, ``Preliminary Decision Memorandum for the
Anti-Circumvention Inquiry on the Antidumping Duty Order on Certain
Uncoated Paper from Australia: Uncoated Paper Rolls,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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
[[Page 7257]]
or higher or is a colored paper; whether or not surface-decorated,
printed (except as described below), embossed, perforated, or punched;
irrespective of the smoothness of the surface; and irrespective of
dimensions (Certain Uncoated Paper). For a full description of the
scope, see the Preliminary Decision Memorandum.
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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.
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Merchandise Subject to the Anti-Circumvention Inquiry
This anti-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 the ``Scope'' section of the Preliminary
Decision Memorandum)), except as noted below. 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. For clarity, we herein refer to ``subject-
paper rolls'' when referencing the certain uncoated paper rolls that
may be converted into subject merchandise. Subject-paper rolls are
classified under Harmonized Tariff Schedule (HTS) code 4802.55.
Methodology
Commerce has made this preliminary negative circumvention
determination in accordance with section 781(a) of the Act and 19 CFR
351.225(g). For a full description of the methodology underlying
Commerce's preliminary determination, see the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached at
the Appendix to this notice.
Preliminary Negative Determination of Circumvention
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine there is no record evidence indicating that
Australian subject-paper rolls are being completed by conversion into
sheets of uncoated paper that would otherwise be subject to the Order
in the United States. We, therefore, preliminarily determine that
exports to the United States of subject-paper rolls from Australia are
not circumventing the Order.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of case briefs and
written comments at a later date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline date for case briefs.\5\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\5\ See 19 CFR 351.309; and 19 CFR 351.303 (for general filing
requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date of the
hearing.
Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\6\
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\6\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Notification to Interested Parties
This notice is published in accordance with sections 781(a) and
777(i) of the Act and 19 CFR 351.225(g).
Dated: January 19, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Anti-Circumvention Inquiry
V. Period of Anti-Circumvention Inquiry
VI. Statutory Framework
VII. Anti-Circumvention Analysis
VIII. Country-Wide Determination
IX. Recommendation
[FR Doc. 2021-01784 Filed 1-26-21; 8:45 am]
BILLING CODE 3510-DS-P