[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41610-41611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18589]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-807, A-351-842, A-570-022, C-570-023, A-560-828, C-560-829, A-
471-807]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable September 1, 2017.
SUMMARY: The Department of Commerce (Department) determines that 
imports of uncoated paper with a GE brightness of 83 1% (83 
Bright paper), otherwise meeting the description of in-scope 
merchandise, from Australia, Brazil, the People's Republic of China, 
Indonesia, and Portugal constitute merchandise ``altered in form or 
appearance in minor respects'' from in-scope merchandise are subject to 
the antidumping duty (AD) and countervailing duty (CVD) orders on 
certain uncoated paper (uncoated paper).

FOR FURTHER INFORMATION CONTACT: William Miller at (202) 482-3906, AD/
CVD Operations, Enforcement and Compliance, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 9, 2017, the Department published the Preliminary 
Determination of the anti-circumvention inquiry of 83 Bright paper from 
Australia, Brazil, the People's Republic of China, Indonesia, and 
Portugal.\1\ A summary of the events that occurred since the Department 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by parties for this final determination, may be 
found in the Issues and Decision Memorandum which is hereby adopted by 
this notice.\2\
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    \1\ See Certain Uncoated Paper from Australia, Brazil, the 
People's Republic of China, Indonesia, and Portugal: Affirmative 
Preliminary Determination of Circumvention of the Antidumping and 
Countervailing Duty Orders; 82 FR 26778 (June 9, 2017).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of Circumvention of the Antidumping 
and Countervailing Duty Orders on Certain Uncoated Paper from 
Australia, Brazil, the People's Republic of China, Indonesia, and 
Portugal'' (Issues and Decision Memorandum), dated concurrently with 
this determination and hereby adopted by this notice.
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Scope of the Orders

    The merchandise covered by the Orders \3\ is uncoated paper. 
Uncoated paper subject to the Orders is currently classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 
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. The HTSUS subheadings are 
provided for convenience and customs purposes; the written description 
of the scope of the Orders is dispositive.\4\
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    \3\ 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) 
and 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) (collectively, the Orders).
    \4\ A full description of the scope of the Orders is contained 
in the Issues and Decision Memorandum.
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Scope of the Anti-Circumvention Inquiry

    The merchandise subject to this anti-circumvention inquiry consists 
of 83 Bright paper with a GE brightness of 83 1%, and 
otherwise meeting the description of the scope of the Orders. On August 
1, 2016, the petitioners clarified that, consistent with 19 CFR 
351.225(m), they intended for the Department to conduct a single anti-
circumvention inquiry and issue a single ruling applicable to each of 
the Orders. Therefore, in accordance with 19 CFR 351.225(m), we find it 
appropriate to apply the results of this inquiry to each of the 
Orders.\5\
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    \5\ See Certain Uncoated Paper from Australia, Brazil, 
Indonesia, the People's Republic of China, and Portugal: Initiation 
of Anti-Circumvention Inquiry, 81 FR 78117 (November 7, 2016).
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Methodology

    The Department conducted this anti-circumvention determination in 
accordance with section 781(c) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.225(i). For a full description of the 
methodology underlying our conclusions, see the Issues and Decision 
Memorandum. A list of the topics discussed is attached to this notice 
in the Appendix.
    The Issues and Decision Memorandum is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered user at https://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B-8024 of the main Department 
of Commerce building. In addition, a complete public version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Final Affirmative Determination of Circumvention

    As detailed in the Issues and Decision Memorandum, we determine, 
pursuant to section 781(c) of the Act and 19 CFR 351.225(i), that 
imports of 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 and are 
subject to the Orders.

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), we are directing U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of entries of 83 Bright paper entered, or withdrawn from warehouse, for 
consumption on or after November 7, 2016, the date of publication of 
the initiation of this inquiry, until appropriate liquidation 
instructions are issued. We will also instruct CBP to continue to 
require a cash deposit of estimated duties at the applicable rates for 
each unliquidated entry of the product entered, or withdrawn from 
warehouse, for consumption on or after November 7, 2016, in accordance 
with 19 CFR 351.225(l)(2).


[[Page 41611]]


    Dated: August 28, 2017.
Gary Taverman,
Deputy Assistant Secretary, Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Anti-Circumvention Inquiry
V. Discussion of the Issues
    A. Authority to Initiate This Anti-Circumvention Inquiry
    B. Existence of 83 Bright Paper Prior to the Filing of the 
Petition
    C. Physical Characteristics
    D. Expectations of the Ultimate Users
    E. Uses of the Merchandise
    F. Channels of Marketing
    G. Cost of Modification
    H. Other Case-Specific Criteria
VI. Recommendation
[FR Doc. 2017-18589 Filed 8-31-17; 8:45 am]
 BILLING CODE 3510-DS-P