[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Notices]
[Pages 30260-30262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11854]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-023]
Certain Uncoated Paper From the People's Republic of China: Final
Results of the Expedited 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 revoking the countervailing duty (CVD) order on
certain uncoated paper (uncoated paper) from the People's Republic of
China (China) would likely lead to continuation or recurrence of
countervailable subsidies at the levels indicated in the ``Final
Results of Review'' section of this notice.
DATES: Applicable June 7, 2021.
FOR FURTHER INFORMATION CONTACT: Peter Zukowski, 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) 482-0189.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2016, Commerce published in the Federal Register the
CVD Order on uncoated paper from China.\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, 2021, Commerce received a notice
of intent to participate from Domtar Corporation (Domtar), Finch Paper
LLC (Finch Paper), and North Pacific Paper Company (NORPAC),
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within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Domtar,
Finch Paper, 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 also received a 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).\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 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
(Order).
\2\ See Initiation of Five-Year (``Sunset'') Reviews, 86 FR 7709
(February 1, 2021).
\3\ See Domtar/Finch Paper/NORPAC's Letter, ``Domestic
Industry's Notice of Intent to Participate In Sunset Review,'' dated
February 12, 2021.
\4\ See PCA/USW's Letter, ``Notice of Intent to Participate in
the First Five-Year Review of the Countervailing Duty Order on
Certain Uncoated Paper from the People's Republic of China,'' dated
February 16, 2021.
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On March 1, 2021, Commerce received a substantive response from the
domestic interested parties \5\ within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).\6\ We received no substantive response from
any other domestic or interested parties in this proceeding and no
hearing was requested.
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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' Letter, ``Domestic
Interested Party Substantive Response to Notice of Initiation,''
dated March 1, 2021.
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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 this Order.
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\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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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 Order is dispositive.\9\
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\9\ For a full description of the scope of the order, see
Memorandum, ``Issues and Decision Memorandum for the Expedited First
Sunset Review of the Countervailing Duty Order on Certain Uncoated
Paper from the People's Republic of China,'' 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 this sunset review are addressed in the Issues
and Decision Memorandum, which is hereby adopted by 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 http://access.trade.gov. A
list of topics discussed in the Issues and Decision Memorandum is
included as an appendix to this notice. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly at
http://enforcement.trade.gov/frn.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would be likely to lead to
continuation or recurrence of countervailable subsidies at the
following rates:
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Net
Manufacturers/producers/exporters countervailable
subsidy (percent)
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Asia Symbol (Guangdong) Paper Co., Ltd. (AS 7.23
Guangdong), Asia Symbol (Shandong) Pulp & Paper Co.,
Ltd. (AS Shandong), Asia Symbol (Guangdong) Omya
Minerals Co., Ltd. (AS Omya), and Greenpoint Global
Trading (Macao Commercial Offshore) Limited
(Greenpoint) (collectively, Asia Symbol Companies)..
Shandong Sun Paper Industry Joint Stock Co., Ltd. 176.75
(Shandong Sun Paper), and Sun Paper (Hong Kong) Co.,
Ltd. (Sun Paper HK) (collectively, Sun Paper
Companies)..........................................
UPM (China) Co. Ltd.................................. 176.75
All Others........................................... 7.23
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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 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 the final results and this notice in
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accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and
19 CFR 351.218.
Dated: June 1, 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. History of the Order
IV. Scope 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. 2021-11854 Filed 6-4-21; 8:45 am]
BILLING CODE 3510-DS-P