Federal Register - January 27, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices Merchandise Subject to the AntiCircumvention Inquiries These anti-circumvention inquiries cover certain uncoated paper rolls that are commonly, but not exclusively, known as sheeter rolls, from 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 in the Scope of the Preliminary Decision Memorandum, except as noted below. The uncoated paper rolls covered by these inquiries 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.
For clarity, we herein refer to subjectpaper rolls when referencing the certain uncoated paper rolls that may be converted into subject merchandise.
Subject-paper rolls are classified under Harmonized Tariff Schedule category 4802.55.7
Certain importers of subject-paper rolls that will not be converted into subject merchandise may certify that the subject-paper rolls will not be further processed into subject merchandise covered by the scope of the Orders.
Failure to comply with the requisite certification requirement may result in the merchandise being found subject to AD/CVD duties.
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Methodology Commerce made these preliminary findings of circumvention in accordance with section 781a of the Tariff Act of 1930, as amended the Act and 19 CFR
351.225g. We relied on information placed on the record by petitioners,8
respondents, and other interested parties. Further, because CellMark and the non-responsive converters did not cooperate by failing to respond to the best of their abilities to Commerces requests for information, we have used adverse inferences, either in whole or in part, when selecting from among the facts otherwise available on the record for certain aspects of these preliminary 7 See
Initiation Notice, 84 FR at 55917.
petitioners are: Domtar Corporation;
Packaging Corporation of America; North Pacific Paper Company; Finch Paper LLC; and the United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.
8 The
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determinations, pursuant to sections 776a and b of the Act.9
For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS.
ACCESS is available to registered users at http access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http enforcement.trade.gov/
frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content.
A list of the topics discussed in the Preliminary Decision Memorandum is attached at Appendix I to this notice.
Affirmative Preliminary Determinations of Circumvention Based on our analysis, as detailed in the Preliminary Decision Memorandum, we preliminarily find, pursuant to section 781a of the Act, that imports from Indonesia of uncoated paper rolls that meet the description of inquiry merchandise above i.e., subject-paper rolls that are further processed in the United States into subject merchandise are circumventing the Orders.
To administer these affirmative circumvention determinations, Commerce is requiring that importers of certain paper rolls from Indonesia that otherwise match the physical description of subject-paper rolls and will not be further processed into uncoated paper sheets subject to the Orders certify that the merchandise will not be further processed into subject uncoated paper sheets. Importers of such merchandise will be required to certify and maintain their certifications and supporting documentation to provide to U.S. Customs and Border Protection CBP and/or Commerce upon request.10 Properly certified entries are not subject to AD/CVD duties under the Orders. Exemption from AD/
CVD duties under the Orders is permitted only if the certification and documentation requirements specified in Appendices II and III are met.
Entries of subject-paper rolls purchased by the non-responsive converters i.e., Advanced Paper Enterprises, Inc., Alliance Converting LLC, Case Paper Company Inc., 9 See Preliminary Decision Memorandum at Section VII.
10 The importer certification is provided at Appendix III.
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LinkMax Paper, Midwest Converting, Mohawk Fine Papers Inc., and Northwoods Paper Converting are not eligible for certification.
Suspension of Liquidation In accordance with 19 CFR
351.225l2, for entries of subject-paper rolls that were imported or purchased by the non-responsive converters i.e., Advanced Paper Enterprises, Inc.;
Alliance Converting LLC; Case Paper Company Inc.; LinkMax Paper; Midwest Converting; Mohawk Fine Papers Inc.;
and Northwoods Paper Converting, Commerce will instruct CBP to suspend liquidation of subject-paper rolls as defined in the Merchandise Subject to the Anti-Circumvention Inquiries section above from Indonesia that are entered, or withdrawn from warehouse, for consumption on or after October 18, 2019, the date of publication of the initiation of these anti-circumvention inquiries in the Federal Register.11 For all other entries of subject-paper rolls, Commerce will instruct CBP to suspend liquidation of the subject-paper rolls from Indonesia that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of these preliminary determinations.
CBP shall require cash deposits in accordance with those rates prevailing at the time of entry, unless the importer can certify to CBP that the subject-paper rolls will not be further processed into uncoated paper sheets subject to the Orders in the United States, and that the purchaser and/or end user is not Advanced Paper Enterprises, Inc., Alliance Converting LLC, Case Paper Company Inc., LinkMax Paper, Midwest Converting, Mohawk Fine Papers Inc., or Northwoods Paper Converting.12 In that latter instance, no cash deposit rate will be required. Subject-paper rolls meeting the physical characteristics described above, which are imported and/or purchased by the non-responsive converters i.e., Advanced Paper Enterprises, Inc., Alliance Converting LLC, Case Paper Company Inc., LinkMax Paper, Midwest Converting, Mohawk Fine Papers Inc., and 11 See Preliminary Decision Memorandum at Use of Facts Available with an Adverse Inference;
see also Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 63
FR 18364, 18366 April 15, 1998, unchanged in Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 63 FR 54672, 5467576
October 13, 1998.
12 See Appendix II for the certification requirements and Appendix III for the importer certification.
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