[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29243-29244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11461]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-829]
Certain Uncoated Paper From Indonesia: Final Results of the
Expedited First Five-Year Sunset Review of the Countervailing Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce
(Commerce) finds that revocation of the countervailing duty (CVD) order
on certain uncoated paper from Indonesia would be likely to lead to
continuation or recurrence of countervailable subsidies at the levels
indicated in the ``Final Results of Sunset Review'' section of this
notice.
DATES: Applicable June 1, 2021.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1280.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2016, Commerce published in the Federal Register the
CVD order on certain uncoated paper from Indonesia.\1\ On February 1,
2021, Commerce published the notice of initiation of the first sunset
review of the Order, pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act).\2\ On February 12 and 16, 2021, Commerce
received notices of intent to participate from domestic interested
parties \3\ within the deadline specified in 19 CFR
351.218(d)(1)(i).\4\ The domestic interested parties claimed interested
party status pursuant to sections 771(9)(C) and (D) of the Act,
respectively, as either manufacturers in the United States of the
domestic like product or as a certified union with workers engaged in
the production of the domestic like product in the United States.\5\
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\1\ See 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) (Order).
\2\ See Initiation of Five-Year (Sunset) Review, 86 FR 7709
(February 1, 2021).
\3\ The domestic interested parties are: Domtar Corporation
(Domtar); Finch Paper LLC (Finch); North Pacific Paper Company
(NORPAC); Packaging Corporation of America (PCA); and United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial
and Services Workers International Union (USW) (collectively,
domestic interested parties).
\4\ See Domtar, Finch, and NORPAC's Letter, ``First Five-Year
(``Sunset'') Review Of Countervailing Duty Order On Certain Uncoated
Paper from Indonesia: Domestic Industry's Notice of Intent To
Participate In Sunset Review,'' dated February 12, 2021; and PCA and
USW's Letter, ``Notice of Intent to Participate in the First Five-
Year Review of the Countervailing Duty Order on Certain Uncoated
Paper from Indonesia,'' dated February 16, 2021.
\5\ Id.
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On March 1, 2021, Commerce received an adequate substantive
response from the domestic interested parties within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i).\6\ Commerce received no
substantive response from any other interested parties with respect to
the Order covered by this sunset review. On March 23, 2021, Commerce
notified the U.S. International Trade Commission that it did not
receive an adequate substantive response from respondent interested
parties.\7\ As a result, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited
(120-day) sunset review of the Order.
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\6\ See Domestic Interested Parties' Letter, ``Domestic
Industry's Substantive Response to Notice of Initiation,'' dated
March 1, 2021.
\7\ See Commerce's Letter, ``Sunset Reviews Initiated on
February 1, 2021,'' dated March 23, 2021.
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Scope of the Order
The scope of the 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 \8\ 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).
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\8\ 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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Certain uncoated paper includes (a) uncoated free sheet paper that
meets this scope definition; (b) uncoated ground wood paper produced
from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this
scope definition; and (c) any other uncoated paper that meets this
scope definition regardless of the type of pulp used to produce the
paper.
Specifically excluded from the scope of this order are (1) paper
printed with final content of printed text or graphics and (2) lined
paper products, typically school supplies, composed of paper that
incorporates straight horizontal and/or vertical lines that would make
the paper unsuitable for copying or printing purposes. For purposes of
this scope definition, paper shall be considered ``printed with final
content'' where at least one side of the sheet has printed text and/or
graphics that cover at least five percent of the surface area of the
entire sheet.
On September 1, 2017, Commerce determined that imports of uncoated
paper with a GE brightness of 83 +/-1% (83 Bright paper), otherwise
meeting the description of in-scope
[[Page 29244]]
merchandise, constitute merchandise ``altered in form or appearance in
minor respects'' from in-scope merchandise that are subject to this
order.\9\
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\9\ See 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, 82 FR 41610 (September 1, 2017).
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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 is dispositive.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum.\10\ A list of the topics discussed in the
Issues and Decision Memorandum is attached as an appendix to this
notice. 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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
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\10\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited First Sunset Review of the Countervailing Duty Order on
Certain Uncoated Paper from Indonesia,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine
that revocation of the Order would be likely to lead to continuation or
recurrence of countervailable subsidies at the following net
countervailable subsidy rates:
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Net
Manufacturers/producers/exporters countervailable
subsidy (percent)
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PT Anugerah Kertas Utama, PT Riau Andalan Kertas, 21.21
APRIL Fine Paper Macao Offshore Limited, PT Asia
Pacific Rayon, PT Sateri Viscose International, A P
Fine Paper Trading (Hong Kong) Limited, and APRIL
International Enterprise Pte. Ltd...................
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/ 109.14
PT Pindo Deli Pulp and Paper Mills..................
Great Champ Trading Limited.......................... 103.99
All Others........................................... 21.21
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Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under an APO in accordance with 19
CFR 351.305. Timely notification of the return or destruction of APO
materials, or conversion to judicial protective orders, 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 the final results and this notice in
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and
19 CFR 351.218(f)(3).
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 Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2021-11461 Filed 5-28-21; 8:45 am]
BILLING CODE 3510-DS-P