- Effective Date: Jan 19, 2022
- Period Covered: 10/10/2019 to 12/31/2020
- 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 (China) (C-570-023) (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 1348410)).
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 countervailing (CVD) 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CBP is directed to terminate the suspension of liquidation for shipments of subject-paper rolls entered, or withdrawn from warehouse, for consumption during the period 11/06/2020 through 11/12/2020, and to refund any cash deposits for entries of merchandise from this period.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 12/31/2020, at the applicable CVD 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 1348410.
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 12/31/2020, at the applicable CVD 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 C-570-023-000 or other company-specific case numbers.
Company:
Kingdecor (Zhejiang) Co., Ltd.
No company-specific case number is in place.
Entries may come in under C-570-023-000 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 C-570-023-000 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 C-570-023-000 or other company-specific case numbers.
Company:
Sunpack Paper Products Company
No company-specific case number is in place.
Entries may come in under C-570-023-000 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 CVD 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 countervailing duties by the 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 countervailing duties. The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order. Interest shall be calculated from the date of payment of estimated countervailing duties 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. 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.
9. 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.)
10. There are no restrictions on the release of this information.
Alexander Amdur