AD/CVD message 6021303 - Notice of final determination in the antidumping duty investigation of cetain uncoated paper from Australia (A-602-807) and critical circumstances in part

6021303
Jan 21, 2016
Active

Effective Date: Jan 20, 2016

Cite as: 81 FR 3108 • Cite date: Jan 20, 2016

Category: Antidumping • Type: Final Determination • Sub type: AFF-Affirmative • Cases: A-602-807

1. On 01/20/2016, Commerce published in the Federal Register (81 FR 3108) its final affirmative determination of sales at less-than-fair-value and affirmative final determination of critical circumstances, in part, in the antidumping duty investigation of certain uncoated paper from Australia (A-602-807).

2. The merchandise covered by the investigation 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 {footnote 1} 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.

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 investigation is dispositive.

Footnote 1: 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.

3. This investigation has been assigned investigation number A-602-807.

4. Commerce has determined that critical circumstances exist for imports of certain uncoated paper from Australia from the producer and/or exporter listed below. CBP shall suspend liquidation of such shipments that are entered, or withdrawn from warehouse, for consumption on or after 05/28/2015, which is 90 days before the date on which suspension of liquidation was first ordered for such entries. Effective 05/28/2015, for such entries, CBP shall require a cash deposit equal to the margin for the producer and/or exporter listed below:
Producer and/or Exporter: Paper Australia Pty. Ltd.
Case number: A-602-807-001
Cash deposit rate: 222.46 %

5. Additionally, Commerce found that critical circumstances do not exist for imports of certain uncoated paper from Australia from the producer and/or exporter listed below. Accordingly, for imports of certain uncoated paper from Australia, CBP shall continue to suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after 01/20/2016. Effective 01/20/2016, CBP shall require, for such entries, a cash deposit equal to the margin for the producer and/or exporter listed below:

All Others
Case Number: A-602-807-000
Cash Deposit Rate: 138.87 %

6. If any entries of this merchandise are exported by a firm other than the producer, then the following instructions apply:

A. If the exporter of the subject merchandise does not have its own rate but the producer has its own rate, the cash deposit will be the producer's rate.

B. Where neither the exporter nor the producer currently has its own rate or the producer is unknown, use the all-others rate of 138.87 percent to establish the cash deposit rate.

7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIII: GM.)

8. There are no restrictions on the release of this information.

Alexander Amdur