[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Pages 14514-14515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05204]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-894]


Certain Tissue Paper Products From the People's Republic of 
China: Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

Preliminary Determination

    We preliminarily determine that certain tissue paper products 
(tissue paper) processed by A.R. Printing and Packaging India Pvt. Ltd. 
(ARPP) in India, and exported to the United States, are circumventing 
the antidumping duty order on tissue paper from the People's Republic 
of China (PRC,\1\ as provided in section 781(b) of the Tariff Act of 
1930, as amended (the Act).
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    \1\ See Notice of Amended Final Determination of Sales at Less 
than Fair Value and Antidumping Duty Order: Certain Tissue Paper 
Products from the People's Republic of China, 70 FR 16223 (March 30, 
2005) (PRC Tissue Paper Order).

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DATES: Effective Date: March 6, 2013.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Gemal Brangman, AD/CVD 
Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1766 or (202) 482-3773, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Antidumping Duty Order

    The tissue paper products subject to this order are cut-to-length 
sheets of tissue paper having a basis weight not exceeding 29 grams per 
square meter.\2\ The merchandise subject to this order does not have 
specific classification numbers assigned to them under the Harmonized 
Tariff Schedule of the United States (HTS). Subject merchandise may be 
under one or more of several different subheadings, including: 4802.30; 
4802.54; 4802.61; 4802.62; 4802.69; 4804.31.1000; 4804.31.2000; 
4804.31.4020; 4804.31.4040; 4804.31.6000; 4804.39; 4805.91.1090; 
4805.91.5000; 4805.91.7000; 4806.40; 4808.30; 4808.90; 4811.90; 
4823.90; 4820.50.00; 4802.90.00; 4805.91.90; 9505.90.40. The tariff 
classifications are provided for convenience and customs purposes; 
however, the written description of the scope of this order is 
dispositive.\3\
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    \2\ See memorandum entitled ``Preliminary Determination Decision 
Memorandum for the Anti-Circumvention Inquiry on Certain Tissue 
Paper Products from the People's Republic of China Involving AR 
Printing & Packaging India Pvt. Ltd.'' (Preliminary Decision 
Memorandum) issued concurrently with this notice for a complete 
description of the scope of the PRC Tissue Paper Order.
    \3\ See PRC Tissue Paper Order.
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Scope of the Anti-Circumvention Inquiry

    The products covered by this inquiry are tissue paper products, as 
described above in the ``Scope of the Antidumping Duty Order'' section, 
which are produced in India from PRC-origin jumbo rolls and/or cut 
sheets of tissue paper, and exported from India to the United States. 
This inquiry only covers such PRC-origin products that are processed in 
India and exported to the United States by ARPP.

Methodology

    The Department has conducted this preliminary determination of 
circumvention in accordance with section 781(b) of the Tariff Act of 
1930, as amended (``the Act''), and 19 CFR 351.225(h). For a full 
description of the methodology underlying our conclusions, please see 
the Preliminary Decision Memorandum. The Preliminary Decision 
Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/ and is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit, room 7046 of the main Department of Commerce building. 
The signed Preliminary Decision Memorandum and the electronic version 
of the Preliminary Decision Memorandum are identical in content.

Preliminary Findings

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine that tissue paper processed by ARPP in India 
from PRC-origin jumbo rolls of tissue paper and exported to the United 
States is circumventing the PRC Tissue Paper Order. We therefore 
determine that it is appropriate to include this merchandise within the 
PRC Tissue Paper Order and to instruct U.S. Customs and Border 
Protection (CBP) to suspend any entries of tissue paper products 
produced by ARPP from PRC-origin tissue paper.

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), the Department will direct 
CBP to suspend liquidation and to require a cash deposit of estimated 
duties, at the rate applicable to the exporter, on all unliquidated 
entries of tissue paper produced by ARPP from PRC-origin tissue paper 
that were entered, or withdrawn from warehouse, for consumption on or 
after May 3, 2012, the date of initiation of the anti-circumvention 
inquiry.

Notification to the International Trade Commission

    The Department, consistent with section 781(e) of the Act and 19 
CFR 351.225(f)(7)(i)(B), has notified the International Trade 
Commission (ITC) of this preliminary determination to include the 
merchandise subject to this inquiry within the PRC Tissue Paper Order. 
Pursuant to section 781(e) of the Act, the ITC may request 
consultations concerning the Department's proposed inclusion of the 
subject merchandise. If, after consultations, the ITC believes that a 
significant injury issue is presented by the proposed exclusion, it 
will have 15 days to provide written advice to the Department.

Public Comment

    Case briefs from interested parties may be submitted no later than 
30 days from the date of publication of this notice. A list of 
authorities used and an executive summary of issues should accompany 
any briefs submitted to the Department. See 19 CFR 351.309(c). This 
summary should be limited to five pages total, including footnotes. 
Rebuttal briefs limited to issues raised in the case briefs may be 
filed no later than 35 days after the date of publication of this 
notice.\4\
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    \4\ See 19 CFR 351.309(d).
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    Interested parties, who wish to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Import Administration, U.S. Department of 
Commerce, filed electronically using IA ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern 
Standard Time within 30 days after the date of publication of this 
notice.\5\ Requests should contain the party's name, address, and

[[Page 14515]]

telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\6\ At 
the hearing, each party may make an affirmative presentation only on 
issues raised in that party's case brief and may make rebuttal 
presentations only on arguments included in that party's rebuttal 
brief. We intend to hold a hearing, if requested, no later than 40 days 
after the date of publication of this notice.
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    \5\ See 19 CFR 351.310(c).
    \6\ See 19 CFR 351.310.
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Final Determination

    The final determination with respect to this anti-circumvention 
inquiry, including the results of the Department's analysis of any 
written comments, will be issued no later than June 27, 2013, unless 
extended.
    This preliminary affirmative circumvention determination is 
published in accordance with section 781(b) of the Act and 19 CFR 
351.225.

     Dated: February 27, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-05204 Filed 3-5-13; 8:45 am]
BILLING CODE 3510-DS-P