• Effective Date: Feb 26, 2016
  • Period Covered: 01/01/2014 to 12/31/2014
  • Period of Review: Jan 01, 2014 to Dec 31, 2014
  • Cite as: 81 FR 11174 • Cite date: Mar 03, 2016

1. On 03/03/2016, Commerce published in the Federal Register its antidumping duty order on certain uncoated paper from Australia (81 FR 11174).

2. The merchandise covered by this order 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. For imports of certain uncoated paper from Australia, CBP shall continue to suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 02/26/2016 (date of publication of the International Trade Commission final determination in the Federal Register). Effective 02/26/2016 CBP shall require a cash deposit equal to the percentages identified below.

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

Producer and/or Exporter: Paper Australia Pty. Ltd.
Case number: A-602-807-001
Cash deposit rate: 222.46 %

4. The U.S. International Trade Commission (ITC) determined that critical circumstances do not exist with respect to subject imports from Australia. As a result of the ITC's negative determination of critical circumstances, Commerce will direct CBP in separate instructions to refund all cash deposits collected on entries of certain uncoated paper from Australia which were entered, or withdrawn from warehouse, for consumption on or after 05/28/2015 and before 08/26/2015. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

5. 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)

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

Alexander Amdur