AD/CVD message 8120306 - Notice of an amended preliminary determination in the countervailing duty investigation of certain uncoated groundwood paper from Canada (C-122-862)

8120306
Apr 30, 2018
Active

Effective Date: Apr 13, 2018

Notice of Lifting of Suspension Date: Apr 13, 2018

Cite as: 83 FR 16050 • Cite date: Apr 13, 2018

Category: Countervailing • Type: Liquidation Instructions • Sub type: OUTSCO-Out of Scope • Reference messages: 8017301 • Cases: C-122-862

1. Commerce has amended the preliminary determination in the countervailing duty investigation on certain uncoated groundwood paper from Canada. This amendment was published on 04/13/2018 in the Federal Register (83 FR 16050) and revises the scope of the investigation to exclude certain products. Specifically, Commerce amended the scope of the investigation to exclude: 1) certain uncoated groundwood paper which has undergone a creping process over the entire surface area of the paper; 2) certain uncoated groundwood construction paper and uncoated groundwood manila drawing paper in sheet or roll format; and 3) certain uncoated groundwood directory paper (see 83 FR 16050). The revised scope of the investigation is in paragraph 2 below. This revision supersedes the scope of the investigation stated in Message 8017301 dated 01/17/2018. The cash deposit rates established in Message 8017301 dated 1/17/2018 were not revised in this amended preliminary determination and therefore remain in effect.

2. The merchandise covered by this investigation includes certain paper that has not been coated on either side and with 50 percent or more of the cellulose fiber content consisting of groundwood pulp, including groundwood pulp made from recycled paper, weighing not more than 90 grams per square meter. Groundwood pulp includes all forms of pulp produced from a mechanical pulping process, such as thermo-mechanical process (TMP), chemi-thermo mechanical process (CTMP), bleached chemi-thermo mechanical process (BCTMP) or any other mechanical pulping process. The scope includes paper shipped in any form, including but not limited to both rolls and sheets.

Certain uncoated groundwood paper includes but is not limited to standard newsprint, high bright newsprint, book publishing, and printing and writing papers. The scope includes paper that is white, off-white, cream, or colored.

Specifically excluded from the scope are imports of certain uncoated groundwood paper printed with final content of printed text or graphic. Also excluded are papers that otherwise meet this definition, but which have undergone a supercalendering process (see footnote 1). Additionally, excluded are papers that otherwise meet this definition, but which have undergone a creping process over the entire surface area of the paper.

Also excluded are uncoated groundwood construction paper and uncoated groundwood manila drawing paper in sheet or roll format. Excluded uncoated groundwood construction paper and uncoated groundwood manila drawing paper: (a) have a weight greater than 61 grams per square meter; (b) have a thickness greater than 6.1 caliper, i.e., greater than .0061” or 155 microns; (c) are produced using at least 50 percent thermomechanical pulp; and (d) have a shade, as measured by CIELAB, as follows: L* less than or 75.0 or b* greater than or equal to 25.0.

Also excluded is uncoated groundwood directory paper that: (a) has a basis weight of 34 grams per square meter or less; and (b) has a thickness of 2.6 caliper mils or 66 microns or less.

Certain uncoated groundwood paper is classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) in several subheadings, including 4801.00.0120, 4801.00.0140, 4802.61.1000, 4802.61.2000, 4802.61.3110, 4802.61.3191, 4802.61.6040, 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.6140, 4802.69.1000, 4802.69.2000, and 4802.69.3000. Subject merchandise may also be imported under several additional subheadings including 4805.91.5000, 4805.91.7000, and 4805.91.9000 (see footnote 2). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

Footnotes

(1) Supercalendering imparts a glossy finish produced by the movement of the paper web through a supercalender which is a stack of alternating rollers of metal and cotton (or other softer material). The supercalender runs at high speed and applies pressure, heat, and friction which glazes the surface of the paper, imparting gloss to the surface and increasing the paper's smoothness and density.

(2) The following HTSUS numbers are no longer active as of January 1, 2017: 4801.00.0020, 4801.00.0040, 4802.61.3010, 4802.61.3091, and 4802.62.6040.

3. Accordingly, as a result of Commerce's amended preliminary determination, for suspended entries of the excluded products, that were entered, or withdrawn from warehouse, for consumption on or after 01/16/2018 (the date on which suspension of liquidation first began), CBP should discontinue the suspension of liquidation and liquidate the entries without regard to countervailing duties (i.e., refund all cash deposits).

4. Notice of lifting of suspension of liquidation of entries of merchandise, covered by paragraph 3, entered or withdrawn from warehouse, for consumption after 01/16/2018 occurred with the publication of the amended preliminary determination on 04/13/2018. For all other shipments of uncoated groundwood paper from Canada continue to collect cash deposits of estimated countervailing duties at the current rates unless instructed otherwise.

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 OII:AMM.)

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

Alexander Amdur