[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40101-40102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16028]


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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 Final Determination of Circumvention of the 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 6, 2013, the Department of Commerce (the Department) 
published the affirmative preliminary determination of circumvention of 
the antidumping duty (AD) order on certain tissue paper products 
(tissue paper) from the People's Republic of China (PRC).\1\ We gave 
interested parties an opportunity to comment on the Preliminary 
Determination. Based on our analysis of these comments and the facts of 
record, as verified, our final determination remains unchanged from the 
Preliminary Determination.
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    \1\ See Certain Tissue Paper Products From the People's Republic 
of China: Affirmative Preliminary Determination of Circumvention of 
the Antidumping Duty Order, 78 FR 14514 (March 6, 2013) (Preliminary 
Determination), and accompanying 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 and Packaging India Pvt. Ltd.

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DATE: Effective July 3, 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: 

Background

    On March 6, 2013, the Department published the Preliminary 
Determination finding that imports of tissue paper processed by A.R. 
Printing and Packaging India Pvt. Ltd. (ARPP) in India, and exported to 
the United States, are circumventing the AD order on tissue paper from 
the PRC,\2\ as provided in section 781(b) of the Tariff Act of 1930, as 
amended (the Act). We invited interested parties to comment on the 
Preliminary Determination. On April 19 and 24, 2013, ARPP and the 
petitioner \3\ submitted case and rebuttal briefs, respectively. The 
Department has conducted this anti-circumvention inquiry in accordance 
with section 781(b) of the Act and 19 CFR 351.225.
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    \2\ 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).
    \3\ The petitioner is Seaman Paper Company of Massachusetts, 
Inc.
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Scope of the Antidumping Duty Order

    The tissue paper products subject to the order are cut-to-length 
sheets of tissue paper having a basis weight not exceeding 29 grams per 
square meter.\4\ The merchandise subject to this order does not have 
specific classification numbers assigned to them under the Harmonized 
Tariff Schedule of the United States. 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 the order is 
dispositive.\5\
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    \4\ For a complete description of the scope of the PRC Tissue 
Paper Order, see memorandum entitled ``Issues and Decision 
Memorandum for the Final Affirmative Determination of Circumvention 
of the Antidumping Duty Order on Certain Tissue Paper Products from 
the People's Republic of China (PRC) (Final Decision Memorandum),'' 
dated concurrently with this notice.
    \5\ 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 by ARPP and exported to the United States.

Analysis of Comments Received

    All issues raised in the case briefs by parties in this 
circumvention inquiry are listed in the Appendix to this notice and 
addressed in the Issues and Decision Memorandum, which is hereby 
adopted by this notice. The Issues and 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 Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Final Determination

    In the Preliminary Determination, the Department found that imports 
of tissue paper processed by ARPP in India, and exported to the United 
States, are circumventing the PRC Tissue Paper Order pursuant to 
section 781(b) of the Act. Our final determination remains unchanged 
from our Preliminary Determination. As detailed in the Issues and 
Decision Memorandum, we determine that tissue paper processed by ARPP 
in India from PRC-origin jumbo rolls and/or cut sheets of tissue paper 
and exported to the United States circumvented the PRC Tissue Paper

[[Page 40102]]

Order. We therefore determine that it is appropriate to include this 
merchandise within the scope of the PRC Tissue Paper Order and to 
continue to instruct U.S. Customs and Border Protection (CBP) to 
suspend entries of tissue paper products produced by ARPP from PRC-
origin tissue paper.

Continuation of Suspension of Liquidation

    In accordance with section 781(b) of the Act and 19 CFR 
351.225(l)(3), the Department will continue to 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 (jumbo rolls and/or 
cut sheets) that were entered, or withdrawn from warehouse, for 
consumption on or after May 3, 2012, the date of initiation of the 
anti-circumvention inquiry.\6\
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    \6\ See Certain Tissue Paper Products from the People's Republic 
of China: Notice of Initiation of Anti-circumvention Inquiry, 77 FR 
27430 (May 10, 2012).
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Notice to Parties

    This notice serves as the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a violation which is 
subject to sanction.
    This final affirmative circumvention determination is published in 
accordance with section 781(b) of the Act and 19 CFR 351.225.

     Dated: June 27, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Discussion of the Issues

Comment 1: Whether the Department's Preliminary Affirmative Finding 
is Appropriate
Comment 2: Whether the Remedy Articulated in the Department's 
Preliminary Affirmative Finding is Appropriate

[FR Doc. 2013-16028 Filed 7-2-13; 8:45 am]
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