82 FR 26778 - Certain Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 110 (June 9, 2017)

The Department of Commerce (Department) preliminarily determines that imports of uncoated paper with a GE brightness of 83 +/ -1% (83 Bright paper), otherwise meeting the description of in-scope merchandise, from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal constitute merchandise ``altered in form or appearance in minor respects'' from in-scope merchandise that should be considered subject to the antidumping (AD) and countervailing duty (CVD) Orders on certain uncoated paper (uncoated paper).\1\ ---------------------------------------------------------------------------

[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Notices]
[Pages 26778-26779]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12001]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-807, A-351-842, A-570-022, C-570-023, A-560-828, C-560-829, A-
471-807]


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

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

DATES: Effective June 9, 2017.
SUMMARY: The Department of Commerce (Department) preliminarily 
determines that imports of uncoated paper with a GE brightness of 83 +/
-1% (83 Bright paper), otherwise meeting the description of in-scope 
merchandise, from Australia, Brazil, the People's Republic of China, 
Indonesia, and Portugal constitute merchandise ``altered in form or 
appearance in minor respects'' from in-scope merchandise that should be 
considered subject to the antidumping (AD) and countervailing duty 
(CVD) Orders on certain uncoated paper (uncoated paper).\1\
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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) 
and 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) (collectively, the Orders).

FOR FURTHER INFORMATION CONTACT: William Miller at (202) 482-3906, AD/
CVD Operations, Enforcement and Compliance, U.S. Department of 
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Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Scope of the Orders

    The merchandise covered by the orders is uncoated paper. Uncoated 
paper subject to the orders is currently classifiable in the Harmonized 
Tariff Schedule of the United States (HTSUS) at subheadings 
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,

[[Page 26779]]

4811.90.8050 and 4811.90.9080. The HTSUS subheadings are provided for 
convenience and customs purposes; the written description of the scope 
of the Orders is dispositive.\2\
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    \2\ A full description of the scope of the Orders is contained 
in the memorandum, ``Preliminary Decision Memorandum for the 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders on Certain Uncoated Paper 
from Australia, Brazil, the People's Republic of China, Indonesia, 
and Portugal,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Anti-Circumvention Inquiry

    The merchandise subject to this anti-circumvention inquiry consists 
of 83 Bright paper with a GE brightness of 83 +/-1%, and otherwise 
meeting the description of the scope of the Orders. On August 1, 2016, 
the petitioners clarified that, consistent with 19 CFR 351.225(m), they 
intended for the Department to conduct a single anti-circumvention 
inquiry and issue a single ruling applicable to each of the Orders. 
Therefore, in accordance with 19 CFR 351.225(m), we find it appropriate 
to apply the results of this inquiry to each of the Orders.\3\
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    \3\ See Certain Uncoated Paper from Australia, Brazil, 
Indonesia, the People's Republic of China, and Portugal: Initiation 
of Anti-Circumvention Inquiry; 81 FR 78117 (November 7, 2016).
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Methodology

    The Department has made this affirmative preliminary anti-
circumvention determination in accordance with section 781(c) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(i). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
    The Preliminary Decision Memorandum is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered user at https://access.trade.gov and is available to all 
parties in the Central Records Unit, room B-8024 of the main Department 
of Commerce building. In addition, a complete public version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Preliminary Determination

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine, pursuant to section 781(c) of the Act and 19 
CFR 351.225(i), that imports of 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 should be considered subject to the Orders.

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), we are directing U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of 83 Bright Paper entered, or withdrawn from warehouse, for 
consumption on or after November 7, 2016, the date of publication of 
the initiation of this inquiry. We will also instruct CBP to require a 
cash deposit of estimated duties at the applicable rates for each 
unliquidated entry of the product entered, or withdrawn from warehouse, 
for consumption on or after November 7, 2016, in accordance with 19 CFR 
351.225(l)(2).

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not later than 15 days after the date of issue of this notice. 
Pursuant to 19 CFR 351.309(d), rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not late than five days after 
the date 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.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS. An electronically filed 
document must be received successfully in its entirety by ACCESS, by 5 
p.m. Eastern Time within 15 days after the date of issue of this 
notice. Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs.

Final Determination

    Pursuant to section 781(f) of the Act, we intend to issue the final 
determination with respect to this anti-circumvention inquiry, 
including the results of the Department's analysis of any written 
comments, no later than August 28, 2017.
    This preliminary determination of circumvention is in accordance 
with section 781(c) of the Act and 19 CFR 351.225.

    Dated: June 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-12001 Filed 6-8-17; 8:45 am]
 BILLING CODE 3510-DS-P