[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71025-71031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26996]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Certain Uncoated Paper From Brazil, the People's Republic of 
China, and Indonesia: Affirmative Final Determinations of Circumvention 
of the Antidumping Duty Orders and Countervailing Duty Orders for 
Certain Uncoated Paper Rolls

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of certain uncoated paper rolls from Brazil, the People's Republic of 
China (China), and Indonesia are circumventing the antidumping duty 
(AD) orders on certain uncoated paper (uncoated paper) from Brazil, 
China, and Indonesia, and that imports of certain uncoated paper rolls 
from China and Indonesia are circumventing the countervailing duty 
(CVD) orders on uncoated paper from China and Indonesia.

DATES: Applicable December 14, 2021.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen or Rachel Greenberg, 
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 or (202) 
482-1110, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 13, 2020, and January 27, 2021, Commerce published the 
Preliminary Determinations \1\ for the anti-circumvention inquiries of 
the AD and CVD orders on uncoated paper from Brazil, China, and 
Indonesia with respect to uncoated paper rolls which are imported from 
Brazil, China, and Indonesia, and further processed into uncoated paper 
sheets subject to the Orders.\2\ We invited parties to comment on the 
Preliminary Determinations. A summary of the events that occurred since 
Commerce published the Preliminary Determinations may be found in the 
respective Issues and Decision Memoranda.\3\ Commerce conducted these 
anti-circumvention inquiries in accordance with section 781(a) of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Uncoated Paper from the People's Republic of 
China: Affirmative Preliminary Determinations of Circumvention of 
the Antidumping and Countervailing Duty Orders for Uncoated Paper 
Rolls, 85 FR 72624 (November 13, 2020) (China Preliminary 
Determination), and accompanying Preliminary Determination 
Memorandum (PDM); Certain Uncoated Paper from Brazil: Affirmative 
Preliminary Determination of Circumvention of the Antidumping Duty 
Order for Uncoated Paper Rolls, 86 FR 7261 (January 27, 2021) 
(Brazil Preliminary Determination), and accompanying PDM; and 
Certain Uncoated Paper from Indonesia: Affirmative Preliminary 
Determinations of Circumvention of the Antidumping and 
Countervailing Duty Orders for Uncoated Paper Rolls, 86 FR 7266 
(January 27, 2021) (Indonesia Preliminary Determination), and 
accompanying PDM (collectively, Preliminary Determinations).
    \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) 
(Orders).
    \3\ See Memoranda, ``Final Decision Memorandum for Anti-
Circumvention Inquiry of the Antidumping Duty Order on Certain 
Uncoated Paper from Brazil: Uncoated Paper Rolls''; ``Final Decision 
Memorandum for Anti-Circumvention Inquiries of the Antidumping and 
Countervailing Duty Orders on Certain Uncoated Paper from Indonesia: 
Uncoated Paper Rolls''; and ``Anti-Circumvention Inquiries of the 
Antidumping Duty Orders on Certain Uncoated Paper from Brazil, 
China, and Indonesia, and the Countervailing Duty Orders on Certain 
Uncoated Paper from China and Indonesia: Uncoated Paper Rolls 
Certification,'' dated concurrently with, and hereby adopted by, 
this notice (collectively, Issues and Decision Memoranda).
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Scope of the Orders

    The merchandise subject to these Orders includes uncoated paper in 
sheet

[[Page 71026]]

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 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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    \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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    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 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 merchandise, constitute merchandise 
``altered in form or appearance in minor respects'' from in-scope 
merchandise that are subject to these Orders.\5\
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    \5\ 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 of the Orders is dispositive.

Merchandise Subject to the Anti-Circumvention Inquiries

    These anti-circumvention inquiries cover certain uncoated paper 
rolls that are commonly, but not exclusively, known as ``sheeter 
rolls'' from Brazil, China, and Indonesia that are further processed in 
the United States into individual sheets of uncoated paper that would 
be subject to the Orders (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 above)). The uncoated paper 
rolls covered by these inquiries are 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 HTSUS category 4802.55.
    Certain importers of the subject-paper rolls that are not converted 
into subject merchandise may certify that the rolls will not be further 
processed into subject merchandise covered by the scope of the 
Orders.\6\ Failure to comply with the requisite certification 
requirement may result in the merchandise being found subject to AD 
and/or CVD duties.
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    \6\ See Appendices IV through IX.
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Analysis of Comments Received

    All the issues raised in the case and rebuttal briefs that were 
submitted by parties in the respective inquiries are addressed in the 
Issues and Decision Memoranda. Lists of the issues raised regarding the 
Brazil and Indonesia determinations are attached to this notice at 
Appendices I and II, respectively. A list of the issues raised 
regarding the certification program are attached to this notice at 
Appendix III. No comments were submitted with respect to the China 
determination. The Issues and Decision Memoranda are public documents 
and are 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. In addition, complete versions of the Issues and 
Decision Memoranda can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determinations

    In the Preliminary Determinations, we determined that imports of 
subject-paper rolls that are converted into uncoated paper sheets are 
circumventing the Orders. Specifically, we determined that imports of 
subject-paper rolls from Brazil, China, and Indonesia are being 
finished and sold in the United States pursuant to the statutory and 
regulatory criteria laid out in section 781(a) of the Act and 19 CFR 
351.225(g).
    For the Brazil Preliminary Determination, we relied upon record 
evidence submitted by the petitioners,\7\ Suzano,\8\ Perez Trading 
Company (Perez), IP,\9\ and one U.S. company that requested proprietary 
treatment of its name. We also relied on adverse facts available (AFA) 
for Ahlstrom-Munksjo Brasil Industria e Comercio de Papeis Especiais 
Ltda (Ahlstrom) \10\ because it failed to respond to Commerce's request 
for information.
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    \7\ The petitioners include Domtar Corporation; Packaging 
Corporation of America; North Pacific Paper Company; Finch Paper 
LLC; and United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union.
    \8\ Suzano includes Suzano S.A. and Suzano Pulp and Paper 
America, Inc.
    \9\ IP includes International Paper do Brasil Ltda. and 
International Paper Exportadora Ltda.
    \10\ Ahlstrom also operates under the names Ahlstrom Brasil Ltd. 
and Ahlstrom-Munksj[ouml] Brasil Ind[uacute]stria e Com[eacute]rcio 
de Pap[eacute]is Especiais LTDA. Ahlstrom also previously operated 
under the names Munksj[ouml] Brasil Ind e Com de Papeis Especiais 
LTDA and Ahlstrom Brasil Ind e Com de Papeis Especiais LTDA. See 
Ahlstrom's Letter, ``Response to September 3, 2021 Letter from the 
Department of Commerce Requesting Company Name Clarification,'' 
dated September 9, 2021.
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    For the China Preliminary Determination, we relied upon information 
provided by the petitioners and on AFA for seven non-responsive 
companies because they failed to respond to Commerce's request for 
information.\11\ Additionally, we considered the no shipment responses

[[Page 71027]]

from Asia Symbol,\12\ Gold Huasheng,\13\ and Marubeni.\14\
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    \11\ These non-responsive companies are Central National Asia 
Limited, Kingdecor (Zhejiang) Co., Ltd., Shandong Sun Paper Industry 
Joint Stock Co Ltd, Sun Paper (Hong Kong) Co., Limited, and Sunpack 
Paper Products Company.
    \12\ Asia Symbol includes the following companies: Greenpoint 
Global Trading (Macao) Commercial Offshore Ltd. (Greenpoint)/Asia 
Symbol (Guangdong) Paper Co., Ltd./Asia Symbol (Shandong) Pulp and 
Paper Co., Ltd.
    \13\ Gold Huasheng Paper Co., Ltd Inc. (Gold Huasheng) also 
includes its affiliated parties Gold East Paper Co., Ltd., Hainan 
Jinhai Pulp and Paper Company, and Ningbo Zhonghua Paper Co, Ltd.
    \14\ Marubeni (China) Corporation, Ltd. (Marubeni) also includes 
its affiliates Marubeni America Corporation and Marubeni (Shanghai) 
Corporation, Ltd.
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    For the Indonesia Preliminary Determination, we based the 
determination on information provided by the petitioners, APP 
Indonesian Mills,\15\ APRIL,\16\ Great Champ Trading Limited, CellMark 
Paper Inc. (CellMark), Charta Global, and International Forest 
Products. We also relied on AFA in whole (for companies that failed to 
respond to Commerce's requests for information) \17\ or in part (for 
CellMark, which submitted incomplete information). For a complete 
discussion of the evidence which led to our preliminary determinations, 
see the Preliminary Determinations and accompanying Preliminary 
Decision Memoranda.
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    \15\ APP Indonesian Mills includes PT. Indah Kiat Pulp and Paper 
Tbk; PT. Pabrik Kertas Tjiwi Kimia Tbk; and Pindo Deli Pulp and 
Paper.
    \16\ APRIL includes PT Anugrah Kertas Utama; PT Riau Andalan 
Kertas; APRIL Fine Paper Macao Commercial Offshore Limited; A P Fine 
Paper Trading (Hong Kong) Limited; and APRIL International 
Enterprise Pte. Ltd.
    \17\ These non-responsive companies are Advanced Paper; Alliance 
Converting LLC; Case Paper; LinkMax Paper; and Northwoods Paper 
Converting.
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    Our final determinations remain unchanged from the Preliminary 
Determinations. Accordingly, we determine, pursuant to section 781(a) 
of the Act and 19 CFR 351.225(g), that imports of certain uncoated 
paper rolls from Brazil, China, and Indonesia are circumventing the 
Orders. We made no changes to the certification programs.

Liquidation of Entries

    For all entries of merchandise subject to the AD order on uncoated 
paper from Brazil, entered or withdrawn from warehouse for consumption 
on or before February 28, 2021, Commerce intends to instruct CBP to 
liquidate those entries at the applicable AD rates for those 
entries.\18\
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    \18\ Commerce has completed its administrative reviews of the AD 
order on uncoated paper from Brazil for the periods of March 1, 
2019, through February 29, 2020, and March 2, 2020, through February 
28, 2021. Therefore, Commerce will instruct CBP to liquidate all 
entries through the end of the last completed administrative review 
period.
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    For entries of subject-paper rolls from China that were entered, or 
withdrawn from warehouse, for consumption from October 10, 2019, 
through October 17, 2019, Commerce intends to instruct Customs and 
Border Protection (CBP) to liquidate those entries without regard to AD 
or CVD duties.\19\ For entries of subject-paper rolls from China that 
were produced, exported, or imported by companies other than the non-
responsive companies,\20\ entered, or withdrawn from warehouse, for 
consumption from November 6, 2020, through November 12, 2020, Commerce 
intends to instruct CBP to liquidate those entries without regard to AD 
or CVD duties.\21\
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    \19\ In the China Preliminary Determination, we suspended 
liquidation for entries produced or exported by CNAL, Kingdecor, 
Shandong Sun Paper, Sun Paper HK, and Sunpack starting October 10, 
2019, the date we initiated these inquiries. To be consistent with 
the other inquiries for uncoated paper rolls, we are modifying this 
date to October 18, 2019, the publication date of the Initiation 
Notice.
    \20\ The non-responsive companies from the China inquiries are 
CNAL, Kingdecor, Shandong Sun Paper, Sun Paper HK, and Sunpack.
    \21\ The China Preliminary Determination stated that for all 
other entries of subject-paper rolls, Commerce would instruct CBP to 
suspend liquidation beginning November 6, 2020, i.e., the signature 
date of the preliminary determination. To be consistent with the 
other inquiries for uncoated paper rolls, we are modifying the 
effective date for all other entries from China to November 13, 
2020, i.e., the publication date of the China Preliminary 
Determination.
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    For all entries of merchandise subject to the AD order on uncoated 
paper from Indonesia, entered or withdrawn from warehouse for 
consumption on or before February 28, 2021, Commerce intends to 
instruct CBP to liquidate those entries at the applicable AD rates for 
those entries.\22\ For all entries of merchandise subject to the CVD 
order on uncoated paper from Indonesia, entered or withdrawn from 
warehouse for consumption on or before December 31, 2020, Commerce 
intends to instruct CBP to liquidate those entries at the applicable 
CVD rates for those entries.\23\
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    \22\ Commerce is not conducting an administrative review of the 
AD order on uncoated paper from Indonesia for the period ending on 
February 28, 2021. Therefore, Commerce will instruct CBP to 
liquidate all entries through the end of the last administrative 
review period.
    \23\ Commerce is not conducting an administrative review of the 
CVD order on uncoated paper from Indonesia for the period ending on 
December 31, 2020. Therefore, Commerce will instruct CBP to 
liquidate all entries through the end of the last administrative 
review period.
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Continuation of Suspension of Liquidation

    As a result of this determination, and consistent with 19 CFR 
351.225(l)(3), we will instruct CBP to continue to suspend the 
liquidation of all entries of subject-paper rolls entered under the 
Brazil, China, and Indonesia AD orders after February 28, 2021, and all 
entries entered under the China and Indonesia CVD orders after December 
31, 2020, and to require cash deposits of estimated AD and CVD duties 
at the applicable subject merchandise rates.

Certification Requirements

    As a result of these anti-circumvention proceedings, subject-paper 
rolls, as defined above, produced in Brazil, China, and Indonesia that 
are further processed into uncoated paper sheets in the United States, 
are subject to the . Accordingly, pursuant to 19 CFR 351.228,\24\ 
Commerce is continuing to impose a certification requirement for 
purposes of enforcing and administering its final determinations. 
Therefore, if an importer imports subject-paper rolls from Brazil, 
China or Indonesia that will not be further processed into uncoated 
paper sheets, in order to not be subject to cash deposit requirements, 
the importer is required to meet the certification and documentation 
requirements described in Appendix IV for merchandise from Brazil, 
Appendix VI for merchandise from China, and VIII for merchandise from 
Indonesia. Properly certified entries are not subject to AD/CVD duties 
under the Orders. Exemption from AD and CVD duties under the Orders is 
permitted only if the certification and documentation specified in 
Appendices IV and V for merchandise from Brazil, Appendices VI and VII 
for merchandise from China, and VIII and IX for merchandise from 
Indonesia, are met.
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    \24\ On September 20, 2021, Commerce adopted a new regulation, 
19 CFR 351.228, which codifies Commerce's certification practice. 
See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 10, 
2021) (adopting 19 CFR 351.228 effective October 20, 2021).
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Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to all parties subject 
to the administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(a) of the Act, and 19 CFR 351.225(g).


[[Page 71028]]


    Dated: December 7, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum: Brazil 
Final Determination

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Anti-Circumvention Inquiry
V. Discussion of the Issues
    Comment 1: Whether Commerce's Determination was Contrary to the 
Purpose of Section 781 of the Act
    Comment 2: Whether the Merchandise Analyzed by Commerce is of 
the Same Class or Kind as Subject Merchandise and Whether the 
Merchandise Analyzed by Commerce is Further Processed in the United 
States
    Comment 3: Whether the Production Process in the United States 
is Minor or Insignificant
    Comment 4: Whether the Additional Factors Under Section 
781(a)(3) of the Act Support an Affirmative Determination
    Comment 5: Whether Commerce Properly Defined the Subject-Paper 
Rolls
    Comment 6: Whether Commerce Considered All Record Information
    Comment 7: Whether Commerce's Adverse Facts Available (AFA) 
Determination is Supported by Substantial Evidence
    Comment 8: Whether a Country-Wide Finding is Appropriate
    Comment 9: Whether Commerce Must Consider A Significant Injury 
Issue
VI. Recommendation

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum: 
Indonesia Final Determination

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Anti-Circumvention Inquiries
V. Discussion of the Issues
    Comment 1: Whether Commerce Had a Reasonable Basis to Initiate 
This Inquiry
    Comment 2: Whether Commerce Properly Analyzed the Conversion 
Cost Factors
VI. Recommendation

Appendix III

List of Topics Discussed in the Issues and Decision Memorandum: 
Certification Program

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Scope and Anti-Circumvention 
Inquiries
V. Discussion of the Issues
    Comment 1: Whether the Range of Products Covered by 
Certifications Should be Modified
    Comment 2: Whether CBP Should Administer the Importer 
Certifications
    Comment 3: Whether the Draft Certification Requirements Should 
Be Modified
    Comment 4: Whether Commerce Should Allow Ahlstrom's Importers To 
Certify Subject Rolls
VI. Recommendation

Appendix IV

Certification Requirements: Brazil

    If an importer imports subject-paper rolls from Brazil and 
claims that the subject-paper rolls will not be further processed 
into uncoated paper sheets covered by the Order, the importer is 
required to complete and maintain the importer certification 
attached hereto at Appendix V and all supporting documentation. 
Where the importer uses a broker to facilitate the entry process, it 
should obtain the entry summary number from the broker. Agents of 
the importer, such as brokers, however, are not permitted to make 
this certification on behalf of the importer.
    All importers of subject-paper rolls from Brazil are eligible 
for the certification process detailed below, with the exception 
that entries of subject-paper rolls produced and/or exported by 
Ahlstrom Brasil Ltd., Ahlstrom-Munksjo Brasil Industria e Comercio 
de Papeis Especiais Ltda, and/or Ahlstrom-Munksj[ouml] Brasil 
Ind[uacute]stria e Com[eacute]rcio de Pap[eacute]is Especiais LTDA. 
are ineligible for certification.
    For entries of subject-paper rolls from Brazil entered, or 
withdrawn from warehouse, for consumption on or after the date this 
final determination was signed for which the importer claims that 
the rolls will not be further processed into uncoated paper subject 
to the order, the importer is required to meet the certification and 
documentation requirements detailed in the certifications in order 
for no suspension of liquidation and no cash deposit to be required 
for such entries. Among other requirements detailed below, importers 
are required to maintain a copy of any certifications, as well as 
sufficient documentation supporting the certification (i.e., 
documents maintained in the normal course of business, or documents 
obtained by the certifying party, for example, mill certificates, 
production records, invoices, etc.) for the later of: (1) A period 
of five years from the date of entry; or (2) a period of three years 
after the conclusion of any litigation in the United States courts 
regarding such entries.
    For all shipments and/or entries for which certifications are 
required, importers should complete the required certification at or 
prior to the date of Entry Summary.

Appendix V

Importer Certification: Brazil

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
importation into the Customs territory of the United States of 
subject-paper rolls produced in Brazil that entered under entry 
summary number(s), identified below, and which are covered by this 
certification. Subject-paper rolls are defined as certain uncoated 
paper rolls commonly, but not exclusively, known as ``sheeter 
rolls,'' (rolls with paper that weigh at least 40 grams per square 
meter but not more than 150 grams per square meter; and paper that 
either is a white paper with a GE brightness level of 83 +/-1% or 
higher or is a colored paper) that may be converted into subject 
merchandise. The uncoated paper rolls are typically, but not 
exclusively, between 52 and 103 inches wide and 50 inches in 
diameter. Subject-paper rolls are classified under HTSUS category 
4802.55. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own records. For 
example, the importer should have direct personal knowledge of the 
importation of the product (e.g., the name of the exporter) in its 
records.
    (C) If the importer is acting on behalf of the first U.S. 
customer, complete this paragraph, if not put ``NA'' at the end of 
this paragraph: The imported subject-paper rolls covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    (D) The imported subject-paper rolls covered by this 
certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS 
FIRST SHIPPED IN THE UNITED STATES{time} , located at {ADDRESS OF 
SHIPMENT{time} .
    (E) Select appropriate statement below:
    __I have have direct personal knowledge of the facts regarding 
the end-use of the imported product because my company is the end-
user of the imported product covered by this certification and I 
certify that the imported subject-paper rolls will not be used to 
produce subject merchandise. ``Direct personal knowledge'' includes 
information contained within my company's books and records.
    __I have personal knowledge of the facts regarding the end-use 
of the imported product because my company is not the end-user of 
the imported product covered by this certification. However, I have 
been able to contact the end-user of the imported product and 
confirm that it will not use this product to produce subject 
merchandise. The end-user of the imported product is {COMPANY 
NAME{time}  located at {ADDRESS{time} . ``Personal knowledge'' 
includes facts obtained from another party (e.g., correspondence 
received by the importer from the end-user of the product).
    (F) The imported subject-paper rolls covered by this 
certification will not be further processed into uncoated paper 
sheets in the United States.
    (G) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:

[[Page 71029]]

Producer:
Producer's Address:

    (H) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, mill certificates, production 
records, invoices, etc.) for the later of: (1) A period of five 
years from the date of entry; or (2) a period of three years after 
the conclusion of any litigation in the United States courts 
regarding such entries.
    (I) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide this certification and supporting records to 
U.S. Customs and Border Protection (CBP) and/or the Department of 
Commerce (Commerce), upon request by the respective agency.
    (J) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (K) I understand that failure to maintain the required 
certifications, and/or failure to substantiate the claims made 
herein, and/or failure to allow CBP and/or Commerce to verify the 
claims made herein, may result in a de facto determination that all 
entries to which this certification applies are within the scope of 
the antidumping duty order on certain uncoated paper from Brazil. I 
understand that such finding will result in:
    (i) Suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the requirement that the importer post applicable 
antidumping duty cash deposits (as appropriate) equal to the rates 
determined by Commerce; and
    (iii) the revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to certify future imports of subject-paper rolls from 
Brazil as not being imported for purposes of further processing into 
the United States into uncoated paper sheets.
    (L) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification. Where a broker or 
other party was used to facilitate the entry process, {NAME OF 
IMPORTING COMPANY{time}  obtained the entry summary number and date 
of entry summary from that party.
    (M) This certification was completed at or prior to the date of 
entry summary.
    (N) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.

Signature
{NAME OF COMPANY OFFICIAL{time} 
{TITLE{time} 

Appendix VI

Certification Requirements: China

    If an importer imports subject-paper rolls from China and claims 
that the subject-paper rolls will not be further processed into 
uncoated paper sheets covered by the Orders, the importer is 
required to complete and maintain the importer certification 
attached hereto at Appendix VII and all supporting documentation. 
Where the importer uses a broker to facilitate the entry process, it 
should obtain the entry summary number from the broker. Agents of 
the importer, such as brokers, however, are not permitted to make 
this certification on behalf of the importer.
    All importers of subject-paper rolls from China are eligible for 
the certification process detailed below. However, entries of 
subject-paper rolls produced and/or exported by Central National 
Asia Limited (CNAL), Kingdecor (Zhejiang) Co., Ltd. (Kingdecor), 
Shandong Sun Paper Industry Joint Stock Co Ltd (Shandong Sun Paper), 
Sun Paper (Hong Kong) Co., Limited (Sun Paper HK), and Sunpack Paper 
Products Company (Sunpack), are ineligible for certification.
    For entries of subject-paper rolls from China entered, or 
withdrawn from warehouse, for consumption on or after the date this 
final determination was signed for which the importer claims that 
the rolls will not be further processed into uncoated paper subject 
to the Orders, the importer is required to meet the certification 
and documentation requirements detailed in the certifications in 
order for no suspension of liquidation and no cash deposit to be 
required for such entries. Among other requirements detailed below, 
importers are required to maintain a copy of any certifications, as 
well as sufficient documentation supporting the certification (i.e., 
documents maintained in the normal course of business, or documents 
obtained by the certifying party, for example, mill certificates, 
production records, invoices, etc.) for the later of: (1) A period 
of five years from the date of entry; or (2) a period of three years 
after the conclusion of any litigation in the United States courts 
regarding such entries.
    For all shipments and/or entries for which certifications are 
required, importers should complete the required certification at or 
prior to the date of Entry Summary.

Appendix VII

Importer Certification: China

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
importation into the Customs territory of the United States of 
subject-paper rolls produced in the People's Republic of China 
(China) that entered under entry summary number(s), identified 
below, and which are covered by this certification. Subject-paper 
rolls are defined as certain uncoated paper rolls commonly, but not 
exclusively, known as ``sheeter rolls,'' (rolls with paper that 
weigh at least 40 grams per square meter but not more than 150 grams 
per square meter; and paper that either is a white paper with a GE 
brightness level of 83 +/-1% or higher or is a colored paper) that 
may be converted into subject merchandise. The uncoated paper rolls 
are typically, but not exclusively, between 52 and 103 inches wide 
and 50 inches in diameter. Subject-paper rolls are classified under 
HTSUS category 4802.55. ``Direct personal knowledge'' refers to 
facts the certifying party is expected to have in its own records. 
For example, the importer should have direct personal knowledge of 
the importation of the product (e.g., the name of the exporter) in 
its records.
    (C) If the importer is acting on behalf of the first U.S. 
customer, complete this paragraph, if not put ``NA'' at the end of 
this paragraph: The imported subject-paper rolls covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    (D) The imported subject-paper rolls covered by this 
certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS 
FIRST SHIPPED IN THE UNITED STATES{time} , located at {ADDRESS OF 
SHIPMENT{time} .
    (E) Select appropriate statement below:
    __I have direct personal knowledge of the facts regarding the 
end-use of the imported product because my company is the end-user 
of the imported product covered by this certification and I certify 
that the imported subject-paper rolls will not be used to produce 
subject merchandise. ``Direct personal knowledge'' includes 
information contained within my company's books and records.
    __I have personal knowledge of the facts regarding the end-use 
of the imported product because my company is not the end-user of 
the imported product covered by this certification. However, I have 
been able to contact the end-user of the imported product and 
confirm that it will not use this product to produce subject 
merchandise. The end-user of the imported product is {COMPANY 
NAME{time} . ``Personal knowledge'' includes facts obtained from 
another party (e.g., correspondence received by the importer from 
the end-user of the product).
    (F) The imported subject-paper rolls covered by this 
certification will not be further processed into uncoated paper 
sheets in the United States.
    (G) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:


[[Page 71030]]


    (H) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, mill certificates, production 
records, invoices, etc.) for the later of: (1) A period of five 
years from the date of entry; or (2) a period of three years after 
the conclusion of any litigation in the United States courts 
regarding such entries.
    (I) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide this certification and supporting records to 
U.S. Customs and Border Protection (CBP) and/or the Department of 
Commerce (Commerce), upon request by the respective agency.
    (J) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (K) I understand that failure to maintain the required 
certifications, and/or failure to substantiate the claims made 
herein, and/or failure to allow CBP and/or Commerce to verify the 
claims made herein, may result in a de facto determination that all 
entries to which this certification applies are within the scope of 
the antidumping/countervailing duty orders on certain uncoated paper 
from China. I understand that such finding will result in:
    (i) Suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the requirement that the importer post applicable 
antidumping duty and/or countervailing duty cash deposits (as 
appropriate) equal to the rates determined by Commerce; and
    (iii) the revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to certify future imports of subject-paper rolls from 
China as not being imported for purposes of further processing into 
the United States into uncoated paper sheets.
    (L) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification. Where a broker or 
other party was used to facilitate the entry process, {NAME OF 
IMPORTING COMPANY{time}  obtained the entry summary number and date 
of entry summary from that party.
    (M) This certification was completed at or prior to the date of 
entry summary.
    (N) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.

Signature
    {NAME OF COMPANY OFFICIAL{time} 
    {TITLE{time} 

Appendix VIII

Certification Requirements: Indonesia

    If an importer imports subject-paper rolls from Indonesia and 
claims that the subject-paper rolls will not be further processed 
into uncoated paper sheets covered by the Orders, the importer is 
required to complete and maintain the importer certification 
attached hereto at Appendix IX and all supporting documentation. 
Where the importer uses a broker to facilitate the entry process, it 
should obtain the entry summary number from the broker. Agents of 
the importer, such as brokers, however, are not permitted to make 
this certification on behalf of the importer.
    All importers of subject-paper rolls from Indonesia are eligible 
for the certification process detailed below, with the exception 
that entries of subject-paper rolls imported and/or purchased by 
Advanced Paper Enterprises, Inc., Alliance Converting LLC, Case 
Paper Company Inc., LinkMax Paper, Midwest Converting, Mohawk Fine 
Papers Inc., or Northwoods Paper Converting, are ineligible for 
certification.
    For entries of subject-paper rolls from Indonesia entered, or 
withdrawn from warehouse, for consumption on or after the date these 
final determinations were signed for which the importer claims that 
the rolls will not be further processed into uncoated paper subject 
to the Orders, the importer is required to meet the certification 
and documentation requirements detailed in the certifications in 
order for no suspension of liquidation and no cash deposit to be 
required for such entries. Among other requirements detailed below, 
importers are required to maintain a copy of any certifications, as 
well as sufficient documentation supporting the certification (i.e., 
documents maintained in the normal course of business, or documents 
obtained by the certifying party, for example, mill certificates, 
production records, invoices, etc.) for the later of: (1) A period 
of five years from the date of entry; or (2) a period of three years 
after the conclusion of any litigation in the United States courts 
regarding such entries.
    For all shipments and/or entries for which certifications are 
required, importers should complete the required certification at or 
prior to the date of Entry Summary.

Appendix IX

Importer Certification: Indonesia

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
importation into the Customs territory of the United States of 
subject-paper rolls produced in Indonesia that entered under the 
entry summary number(s), identified below, and which are covered by 
this certification. Subject-paper rolls are defined as certain 
uncoated paper rolls commonly, but not exclusively, known as 
``sheeter rolls,'' (rolls with paper that weigh at least 40 grams 
per square meter but not more than 150 grams per square meter; and 
paper that either is a white paper with a GE brightness level of 83 
+/-1% or higher or is a colored paper) that may be converted into 
subject merchandise. The uncoated paper rolls are typically, but not 
exclusively, between 52 and 103 inches wide and 50 inches in 
diameter. Subject-paper rolls are classified under HTSUS category 
4802.55. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own records. For 
example, the importer should have direct personal knowledge of the 
importation of the product (e.g., the name of the exporter) in its 
records.
    (C) If the importer is acting on behalf of the first U.S. 
customer, complete this paragraph, if not put ``NA'' at the end of 
this paragraph: The imported subject-paper rolls covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    (D) The imported subject-paper rolls covered by this 
certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS 
FIRST SHIPPED IN THE UNITED STATES{time} , located at {ADDRESS OF 
SHIPMENT{time} .
    (E) Select appropriate statement below:
    __I have direct personal knowledge of the facts regarding the 
end use of the imported product because my company is the end user 
of the imported product covered by this certification and I certify 
that the imported subject-paper rolls will not be used to produce 
subject merchandise. ``Direct personal knowledge'' includes 
information contained within my company's books and records.
    __I have personal knowledge of the facts regarding the end use 
of the imported product because my company is not the end user of 
the imported product covered by this certification. However, I have 
been able to contact the end user of the imported product and 
confirm that it will not use this product to produce subject 
merchandise. The end user of the imported product is {COMPANY 
NAME{time}  located at {ADDRESS{time} . ``Personal knowledge'' 
includes facts obtained from another party (e.g., correspondence 
received by the importer from the end user of the product).
    (F) The imported subject-paper rolls covered by this 
certification will not be further processed into uncoated paper 
sheets in the United States, and will not be sold to Advanced Paper 
Enterprises, Inc., Alliance Converting LLC, Case Paper Company Inc., 
LinkMax Paper, Midwest Converting, Mohawk Fine Papers Inc., or 
Northwoods Paper Converting.
    (G) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:

    (H) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, mill certificates, production 
records, invoices, etc.) for the later of: (1) A period of

[[Page 71031]]

five years from the date of entry; or (2) a period of three years 
after the conclusion of any litigation in the United States courts 
regarding such entries.
    (I) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide this certification and supporting records to 
U.S. Customs and Border Protection (CBP) and/or the Department of 
Commerce (Commerce), upon request by the respective agency.
    (J) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (K) I understand that failure to maintain the required 
certifications, and/or failure to substantiate the claims made 
herein, and/or failure to allow CBP and/or Commerce to verify the 
claims made herein, may result in a de facto determination that all 
entries to which this certification applies are within the scope of 
the antidumping/countervailing duty orders on certain uncoated paper 
from Indonesia. I understand that such finding will result in:
    (i) Suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the requirement that the importer post applicable 
antidumping duty and/or countervailing duty cash deposits (as 
appropriate) equal to the rates determined by Commerce; and
    (iii) the revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to certify future imports of subject-paper rolls from 
Indonesia as not being imported for purposes of further processing 
into the United States into uncoated paper sheets.
    (L) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification. Where a broker or 
other party was used to facilitate the entry process, {NAME OF 
IMPORTING COMPANY{time}  obtained the entry summary number and date 
of entry summary from that party.
    (M) This certification was completed at or prior to the date of 
entry summary.
    (N) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.

Signature
{NAME OF COMPANY OFFICIAL{time} 
{TITLE{time} 

[FR Doc. 2021-26996 Filed 12-13-21; 8:45 am]
BILLING CODE 3510-DS-P