[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