[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29248-29249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11460]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-807; A-351-842; A-570-022; A-560-828; A-471-807]
Uncoated Paper From Australia, Brazil, the People's Republic of
China, Indonesia, and Portugal: Final Results of the Expedited First
Sunset Reviews of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these sunset reviews, the Department of
Commerce (Commerce) finds that revocation of the antidumping duty (AD)
orders on certain uncoated paper (uncoated paper) from Australia,
Brazil, the People's Republic of China (China), Indonesia, and Portugal
would be likely to lead to the continuation or recurrence of dumping at
the levels indicated in the ``Final Results of Review'' section of this
notice.
DATES: Applicable June 1, 2021.
FOR FURTHER INFORMATION CONTACT: Patrick Barton, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0012.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2021, Commerce published the notice of initiation of
the first sunset reviews of the Orders \1\ on certain uncoated paper
(uncoated paper) from Australia, Brazil, China, Indonesia, and Portugal
pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended
(the Act).\2\ On February 12, 2021, Commerce received a notice of
intent to participate from Domtar Corporation (Domtar), Finch Paper LLC
(Finch), and North Pacific Paper Company (NORPAC), within the deadline
specified in 19 CFR 351.218(d)(1)(i).\3\ Domtar, Finch, and NORPAC
claimed interested party status under section 771(9)(C) of the Act, as
domestic producers of uncoated paper in the United States. On February
16, 2021, Commerce received notice of intent to participate from
Packaging Corporation of America (PCA) and United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Services
Workers International Union (USW), within the deadline specified in 19
CFR 351.218(d)(1)(i).\4\ PCA claimed interested party status under
section 771(9)(C) of the Act and 19 CFR 351.102(b)(29)(v), as a
domestic producer of uncoated paper in the United States, and USW
claimed interested party status under section 771(9)(D) of the Act and
19 CFR 351.102(b)(29)(vi), as a certified union with workers engaged in
the manufacture and production of the domestic like product in the
United States.
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\1\ 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)
(Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 7709
(February 1, 2021).
\3\ See Domtar, Finch, and NORPAC's Letters, ``First Five-Year
(``Sunset'') Review of Antidumping Order on Certain Uncoated Paper
from Australia: Domestic Industry's Notice of Intent to Participate
in Sunset Review,'' dated February 12, 2021; ``First Five-Year
(``Sunset'') Review of Antidumping Order on Certain Uncoated Paper
from Brazil: Domestic Industry's Notice of Intent to Participate in
Sunset Review,'' dated February 12, 2021; ``First Five-Year
(``Sunset'') Review of Antidumping Order on Certain Uncoated Paper
from the People's Republic of China: Domestic Industry's Notice of
Intent to Participate in Sunset Review,'' dated February 12, 2021;
``First Five-Year (``Sunset'') Review of Antidumping Order on
Certain Uncoated Paper from Indonesia: Domestic Industry's Notice of
Intent to Participate in Sunset Review,'' dated February 12, 2021;
and ``First Five-Year (``Sunset'') Review of Antidumping Order on
Certain Uncoated Paper from Portugal: Domestic Industry's Notice of
Intent to Participate in Sunset Review,'' dated February 12, 2021.
\4\ See PCA and USW's Letters, ``Notice of Intent to Participate
in the First Five-Year Review of the Antidumping Duty Order on
Certain Uncoated Paper from Australia,'' dated February 16, 2021;
``Notice of Intent to Participate in the First Five-Year Review of
the Antidumping Duty Order on Certain Uncoated Paper from Brazil,''
dated February 16, 2021; ``Notice of Intent to Participate in the
First Five-Year Review of the Antidumping Duty Order on Certain
Uncoated Paper from the People's Republic of China,'' dated February
16, 2021; ``Notice of Intent to Participate in the First Five-Year
Review of the Antidumping Duty Order on Certain Uncoated Paper from
Indonesia,'' dated February 16, 2021; and ``Notice of Intent to
Participate in the First Five-Year Review of the Antidumping Duty
Order on Certain Uncoated Paper from Portugal,'' dated February 16,
2021.
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On March 1, 2021, Commerce received a complete substantive response
from the domestic interested parties \5\ within the 30-day deadline
specified in 19 CFR 351.218(d)(3).\6\ No respondent interested party
submitted a substantive response within the 50-day deadline. As a
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce is
[[Page 29249]]
conducting expedited (120-day) sunset reviews of the Orders.
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\5\ Collectively, Domtar, Finch Paper, NORPAC, PCA, and USW are
referred to as the domestic interested parties.
\6\ See Domestic Interested Parties' Letters, ``First Five-Year
(``Sunset'') Review of Antidumping Order on Certain Uncoated Paper
from Australia: Domestic Industry's Substantive Response to Notice
of Initiation,'' dated March 1, 2021 (Substantive Response--
Australia); ``First Five-Year (``Sunset'') Review of Antidumping
Order on Certain Uncoated Paper from Brazil: Domestic Industry's
Substantive Response to Notice of Initiation,'' dated March 1, 2021
(Substantive Response--Brazil); ``First Five-Year (``Sunset'')
Review of Antidumping Order on Certain Uncoated Paper from the
People's Republic of China: Domestic Industry's Substantive Response
to Notice of Initiation,'' dated March 1, 2021 (Substantive
Response--China); ``First Five-Year (``Sunset'') Review of
Antidumping Order on Certain Uncoated Paper from Indonesia: Domestic
Industry's Substantive Response to Notice of Initiation,'' dated
March 1, 2021 (Substantive Response--Indonesia); and ``First Five-
Year (``Sunset'') Review of Antidumping Order on Certain Uncoated
Paper from Portugal: Domestic Industry's Substantive Response to
Notice of Initiation,'' dated March 1, 2021 (Substantive Response--
Portugal) (collectively, Substantive Response).
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Scope of the Orders
The scope of these orders 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 3 of 85 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).
Imports of the subject merchandise are provided for under
Harmonized Tariff Schedule of the United States (HTSUS) categories
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. While HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of the orders is dispositive.\7\
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\7\ For a full description of the scope of the orders, see
Memorandum, ``Issues and Decision Memorandum for the Final Results
of the Expedited First Sunset Reviews of the Antidumping Duty Orders
on Certain Uncoated Paper from Australia, Brazil, the People's
Republic of China, Indonesia, and Portugal,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Analysis of Comments Received
All issues raised in these sunset reviews are addressed in the
accompanying Issues and Decision Memorandum, which is hereby adopted by
this notice.\8\ The Issues and 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. A list of topics discussed in the Issues and Decision
Memorandum is included as an appendix to this notice. A complete
version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/.
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\8\ See Issues and Decision Memorandum.
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Final Results of Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the AD orders on uncoated paper
from Australia, Brazil, China, Indonesia, and Portugal would be likely
to lead to the continuation or recurrence of dumping, and that the
magnitude of the margins likely to prevail are up to: 222.46 percent
for Australia, 41.39 percent for Brazil, 149.00 percent for China,
17.46 percent for Indonesia, and 7.80 percent for Portugal.
Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
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
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.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752, and 777(i)(1) of the Act and 19
CFR 351.218.
Dated: May 25, 2021.
Christian Marsh,
Acting 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. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation of Recurrence of Dumping
2. Magnitude of the Margins Likely to Prevail
VII. Final Results of Expedited First Sunset Review
VIII. Recommendation
[FR Doc. 2021-11460 Filed 5-28-21; 8:45 am]
BILLING CODE 3510-DS-P