• Effective Date: Nov 07, 2016
  • Cite as: 82 FR 26778 • Cite date: Jun 09, 2017

1. On 6/9/2017, Commerce published in the Federal Register its notice of affirmative preliminary determination of circumvention of the countervailing duty orders on certain uncoated paper from the People's Republic of China and Indonesia (82 FR 26778).

2. Scope of the countervailing duty orders:

The merchandise subject to the orders 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 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 of these orders 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 is dispositive.

3. Scope of the anticircumvention inquiry:

The merchandise subject to this anti-circumvention inquiry consists of imports of uncoated paper with a GE Brightness of 83 +/- 1% (83 Bright paper), and otherwise meeting the description of the scope of the orders.

4. Commerce preliminarily determined that imports of 83 Bright paper, otherwise meeting the description of in-scope merchandise, are subject to the countervailing duty orders on certain uncoated paper from the People's Republic of China and Indonesia.

5. For imports of 83 Bright paper from the People's Republic of China and Indonesia, entered, or withdrawn from warehouse, for consumption on or after 11/07/2016 (the date of initiation of this anticircumvention inquiry), CBP shall suspend liquidation of such entries and require a cash deposit at the current rates.

6. Unliquidated entries of 83 Bright paper from the People's Republic of China and Indonesia, entered, or withdrawn from warehouse, for consumption on or after 11/07/2016, which are set for liquidation need to be unset immediately.

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 OII:WAM).

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

Alexander Amdur