[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7426-7428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02686]


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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; C-570-023; C-
560-829]


Certain Uncoated Paper From Australia, Brazil, the People's 
Republic of China, Indonesia, and Portugal: Continuation of Antidumping 
Duty and Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) 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, and the countervailing duty 
(CVD) orders on uncoated paper from China and Indonesia, would likely 
lead to a continuation or recurrence of dumping, net countervailable 
subsidies, and material injury to an industry in the United States, 
Commerce is publishing a notice of continuation of these AD and CVD 
orders.

DATES: Applicable February 9, 2022.

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 March 3, 2016, Commerce published AD orders on uncoated paper 
from Australia, Brazil, China, Indonesia, and Portugal, and CVD orders 
on uncoated paper from China and

[[Page 7427]]

Indonesia.\1\ On February 1, 2021, Commerce initiated the first five-
year (sunset) reviews of the Orders pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\2\ As a result of its 
reviews, Commerce determined that revocation of the AD Orders would 
likely lead to a continuation or recurrence of dumping and that 
revocation of the CVD Orders would likely lead to the continuation or 
recurrence of countervailable subsidies. Therefore, Commerce notified 
the ITC of the magnitude of the margins and net countervailable subsidy 
rates likely to prevail should the Orders be revoked.\3\ On February 3, 
2022, the ITC published its determination, pursuant to section 751(c) 
of the Act, that revocation of the Orders would likely lead to a 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time.\4\
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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) 
(AD Orders); see also 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) (CVD Orders) (collectively, Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 7709 
(February 1, 2021).
    \3\ See 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, 86 FR 
29248 (June 1, 2021), and accompanying Issues and Decision 
Memorandum (IDM); Certain Uncoated Paper from Indonesia: Final 
Results of the Expedited Five-Year Sunset Review of the 
Countervailing Duty Order; 86 FR 29243 (June 1, 2021), and 
accompanying IDM; and Certain Uncoated Paper from the People's 
Republic of China: Final Results of the Expedited Five-Year Sunset 
Review of the Countervailing Duty Order; 86 FR 30260 (June 7, 2021), 
and accompanying IDM.
    \4\ See Uncoated Paper from Australia, Brazil, China, Indonesia, 
and Portugal, 87 FR 6203 (February 3, 2022); see also Uncoated Paper 
from Australia, Brazil, China, Indonesia, and Portugal (Inv. Nos. 
701-TA-528-529 and 731-TA-1264-1268 (Review), USITC Publication 
5275, January 2022).
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Scope of the Orders

    The scope of the 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).
    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 December 14, 2021, Commerce determined that imports of 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 the scope of these Orders 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 these 
Orders. Failure to comply with the requisite certification requirement 
may result in the merchandise being found subject to AD and CVD 
duties.\5\
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    \5\ See 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, 86 FR 71025 (December 
14, 2021).
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    Imports of the subject merchandise are provided for under 
Harmonized Tariff Schedule of the United States (HTSUS) categories 
4802.55.1000, 4802.55.2000, 4802.55.3000, 4802.55.4000, 4802.55.6000, 
4802.55.7020, 4802.55.7040, 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.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act, Commerce hereby orders the continuation of the AD orders on 
uncoated paper from Australia, Brazil, China, Indonesia, and Portugal, 
and the continuation of the CVD orders on uncoated paper from China and 
Indonesia. U.S. Customs and Border Protection will continue to collect 
AD and CVD cash deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of the 
continuation of the Orders will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act, Commerce intends to initiate the next five-year 
reviews of the Orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

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/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with

[[Page 7428]]

section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: February 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-02686 Filed 2-8-22; 8:45 am]
BILLING CODE 3510-DS-P