• Effective Date: Jan 19, 2022
  • Period Covered: 10/10/2019 to 02/28/2021
  • Notice of Lifting of Suspension Date: Jan 19, 2022
  • Cite as: 87 FR 2764 • Cite date: Jan 19, 2022
1. Notice of the lifting of suspension of liquidation of entries covered by paragraph 3 below, occurred on 01/19/2022 with the publication of the correction notice of the Final Determination (87 FR 2764), which corrected the publication of the notice of the final determination in the anti-circumvention inquiry of certain uncoated paper from the People's Republic of China (A-570-022) (86 FR 71025, 12/14/2021) (collectively, Final Determination). 2. The products covered by this anti-circumvention determination are certain uncoated paper rolls that are commonly, but not exclusively, known as "sheeter rolls," from China that are further processed in the United States into individual sheets of uncoated paper that would 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 in paragraph 2 of message number 1349409)). The uncoated paper rolls covered by this inquiry are 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 "subject-paper rolls" when referencing the certain uncoated paper rolls that may be converted into subject merchandise. Subject-paper rolls are classified under HTSUS category 4802.55. Certain importers of the subject-paper rolls that are not converted into subject merchandise may certify that the rolls will not be further processed into subject merchandise covered by the scope of the order. Failure to comply with the requisite certification requirement may result in the merchandise being found subject to antidumping (AD) duties. NOTE: Paragraph 3(a) addresses entries produced and/or exported by companies not listed in paragraph 4; paragraph 3(b) addresses entries produced and/or exported by companies listed in paragraph 4. 3a. For entries of subject-paper rolls produced and/or exported by companies that are not listed in paragraph 4: CBP is directed to terminate the suspension of liquidation for shipments of subject-paper rolls entered, or withdrawn from warehouse, for consumption during the period 11/06/2020 through 11/12/2020, and to refund any cash deposits for entries of merchandise from this period. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply. CBP is directed to liquidate entries of subject paper rolls entered, or withdrawn from warehouse, for consumption during the period 11/13/2020 through 02/28/2021, at the applicable AD rate in effect for certain uncoated paper from China. These companies are eligible for the certification program established in the Final Determination and as described in message 1349409. 3b. For entries of subject-paper rolls produced and/or exported by companies listed in paragraph 4: CBP is directed to terminate the suspension of liquidation for shipments of subject-paper rolls entered, or withdrawn from warehouse, for consumption during the period 10/10/2019 through 10/17/2019, and to refund any cash deposits for entries of merchandise from this period. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply. CBP is directed to liquidate entries of subject paper rolls entered, or withdrawn from warehouse, for consumption during the period 10/18/2019 through 02/28/2021, at the applicable AD rate in effect for certain uncoated paper from China. These companies are ineligible for the certification program established in the Final Determination. 4. Entries of subject-paper rolls produced and/or exported by the below companies are ineligible for certification. Company: Central National Asia Limited No company-specific case number is in place. Entries may come in under A-570-022-000 or other company-specific case numbers. Company: Kingdecor (Zhejiang) Co., Ltd. No company-specific case number is in place. Entries may come in under A-570-022-000 or other company-specific case numbers. Company: Shandong Sun Paper Industry Joint Stock Co., Ltd. No company-specific case number is in place. Entries may come in under A-570-022-000 or other company-specific case numbers. Company: Sun Paper (Hong Kong) Co., Limited No company-specific case number is in place. Entries may come in under A-570-022-000 or other company-specific case numbers. Company: Sunpack Paper Products Company No company-specific case number is in place. Entries may come in under A-570-022-000 or other company-specific case numbers. 5. Unless instructed otherwise, for all other shipments of certain uncoated paper covered by the scope of the Order, including subject-paper rolls, you shall continue to collect cash deposits of estimated AD duties for the merchandise at the current rates. 6. There are no injunctions applicable to the entries covered by this instruction. 7. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 8. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph: a. The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate. Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s). b. The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable. c. If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed. d. Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding. e. Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties. Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed. Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty. Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty. 9. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 10. 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 OV: RG.) 11. There are no restrictions on the release of this information. Alexander Amdur