Federal Register - January 27, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices provide to U.S. Customs and Border Protection CBP and/or Commerce upon request.10 Properly certified entries are not subject to AD duties under the Order. Exemption from AD
duties under the Order is permitted only if the certification and documentation requirements specified in Appendices II
and III are met.
Entries of subject-paper rolls produced and/or exported by Ahlstrom are not eligible for certification.
Suspension of Liquidation
khammond on DSKJM1Z7X2PROD with NOTICES
In accordance with 19 CFR
351.225l2, for entries of subject-paper rolls that were produced and/or exported by Ahlstrom i.e., the nonresponsive company, Commerce will instruct CBP to suspend liquidation of subject-paper rolls as defined in the Merchandise Subject to the AntiCircumvention Inquiry section above from Brazil that are entered, or withdrawn from warehouse, for consumption on or after October 18, 2019, the date of publication of the initiation of this anti-circumvention inquiry in the Federal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rolls, Commerce will instruct CBP to suspend liquidation of the subject-paper rolls from Brazil that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this preliminary determination.12
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 Order in the United States.13 In that latter instance, no cash deposit will be required. Subject-paper rolls meeting the physical characteristics described above, which are produced and/or exported by Ahlstrom, are not eligible for certification.
10 The importer certification is provided at Appendix III.
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, 546756
October 13, 1998.
12 See Preliminary Decision Memorandum at Use of Facts Available with an Adverse Inference..
13 See Appendix II for the certification requirements and Appendix III for the importer certification.
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Public Comment Interested parties may submit case briefs to Commerce no later than 30
days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the time limit for filing case briefs. Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: 1 A statement of the issue; 2 a brief summary of the argument; and 3 a table of authorities.14 Case and rebuttal briefs should be filed electronically via ACCESS.15
Pursuant to 19 CFR 351.310c, interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice.16 Requests should contain the partys name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.17
Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.18
Notification to the U.S. International Trade Commission ITC
Consistent with section 781e of the Act, Commerce is notifying the ITC of this affirmative preliminary determination to include the merchandise subject to this inquiry within the AD Order on uncoated paper from Brazil. Pursuant to section 781e of the Act, the ITC may request consultations concerning Commerces proposed inclusion in the Order of the inquiry merchandise. These consultations must be concluded within 15 days after the date of the request. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60
14 See
19 CFR 351.309c2 and d2.
19 CFR 351.303.
16 See 19 CFR 351.310c.
17 Id.
18 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020.
15 See
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days to provide written advice to Commerce.
Notification to Interested Parties This notice is published in accordance with section 781a of the Act and 19 CFR 351.225g.
Dated: January 19, 2021.
Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance.
Appendix IList of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Merchandise Subject to the AntiCircumvention Inquiry V. Period of Anti-Circumvention Inquiry VI. Statutory Framework VII. Use of Facts Available With An Adverse Inference VIII. Anti-Circumvention Analysis IX. Country-Wide Determination X. Certification Requirement XI. Recommendation
Appendix IICertification Requirements 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 III 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. 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 preliminary 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.
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