[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67869-67870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24605]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-807]


Certain Uncoated Paper From Australia: Negative Final 
Determination of Circumvention of the Antidumping Duty Order for 
Certain Uncoated Paper Rolls

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of certain uncoated paper rolls from Australia were not 
completed by conversion into subject sheets of paper in the United 
States and, therefore, such imports are not circumventing the 
antidumping duty (AD) order on certain uncoated paper from Australia, 
within the meaning of section 781(a) of the Tariff Act of 1930, as 
amended (the Act).

DATES: Applicable November 10, 2022.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen, 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.

SUPPLEMENTARY INFORMATION:

Background

    On January 27, 2021, Commerce published in the Federal Register its 
preliminary negative circumvention determination \1\ finding that 
imports of certain uncoated paper rolls from Australia were not 
completed by conversion into sheets subject to the Order \2\ during the 
inquiry period. During August and September 2022, Commerce verified the 
questionnaire responses of the sole producer/exporter of certain 
uncoated paper rolls, Paper Australia Pty. Ltd., and its U.S. 
affiliate,

[[Page 67870]]

Paper Products Marketing (USA) Inc.\3\ No interested parties submitted 
case briefs.
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper from Australia: Negative 
Preliminary Determination of Circumvention of the Antidumping Duty 
Order for Uncoated Paper Rolls, 86 FR 7256 (January 27, 2021), and 
accompanying Preliminary Decision Memorandum (PDM).
    \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) 
(Order).
    \3\ See Memoranda, ``Verification of Paper Australia Pty. Ltd.'s 
Responses,'' dated September 21, 2022; and ``Verification of Paper 
Products Marketing (USA) Inc.,'' dated September 21, 2022.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to this 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 \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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 this Order.\5\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers certain uncoated paper rolls that 
are commonly, but not exclusively, known as ``sheeter rolls,'' from 
Australia that are further processed in the United States into 
individual sheets of uncoated paper that would otherwise be subject to 
the Order (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 
this inquiry are able to be 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. The paper rolls covered by this inquiry are 
classified under HTSUS subheading 4802.55.

Methodology

    Commerce conducted this circumvention inquiry in accordance with 
section 781(a) of the Act.\6\ We have continued to apply this 
methodology, and incorporate by reference this description of the 
methodology, for our final determination.
---------------------------------------------------------------------------

    \6\ See Preliminary Results PDM for a full description of the 
methodology.
---------------------------------------------------------------------------

Final Determination

    We determine that the uncoated paper rolls from Australia that are 
subject to this inquiry are not being completed by conversion in the 
United States into sheets of uncoated paper that would otherwise be 
subject to the Order. Therefore, these exports to the United States of 
uncoated paper rolls from Australia are not circumventing the Order.

Administrative Protective Order

    This notice will serve as the only reminder to all parties subject 
to an 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).

    Dated: November 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-24605 Filed 11-9-22; 8:45 am]
BILLING CODE 3510-DS-P