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Uncoated Paper: Commerce Issues Final AD Duty Determinations

The Commerce Department issued its final determinations in the antidumping duty investigations on uncoated paper from Australia (A-602-807) (here), Brazil (A-351-842) (here), Indonesia (A-560-828) (here), Portugal (A-471-807) (here) and China (A-570-022) (here). The agency made changes to cash deposit requirements for these countries that will take effect for subject merchandise entered on or after Jan. 20.

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The next step is for the International Trade Commission to make its final injury determination, currently scheduled for Feb. 22. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.

Commerce also found illegal subsidization in its concurrent countervailing duty investigation on uncoated paper from China and Indonesia (see 1601190040).

Commerce Clarifies Exemption from Duties

In its final determinations, Commerce added language clarifying an exemption from AD/CV duties on uncoated paper for paper printed with final content of printed text or graphics. Under the new language, paper with printed content is defined as follows:

"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 are clearly visible under normal lighting conditions and that cover at least five percent of the surface area of the sheet."

Estimated AD Cash Deposit Rates

Commerce will instruct CBP to continue to suspend liquidation of subject uncoated paper and require an AD duty cash deposit equal to the following AD rates:

Australia. In a change from its preliminary determination, Commerce ordered retroactive suspension of liquidation for subject merchandise from Paper Australia entered on or after May 28, 2015 due to a finding of "critical circumstances." For the "all others" companies, suspension of liquidation and cash deposit requirements continue for subject merchandise entered on or after Aug. 26, 2015. New cash deposit requirements are as follows:

Manufacturer/ExporterAD Rate
Paper Australia Pty. Ltd.222.46% (from 40.65%)
All Others138.87% (from 40.65%)

Brazil. Suspension of liquidation and AD duty cash deposit requirements continue for subject merchandise entered on or after Aug. 26, 2015, with changes to cash deposit rates taking effect Jan. 20 as follows:

Manufacturer/ExporterAD Rate
International Paper do Brasil Ltda. and International Paper Exportadora Ltda.41.39% (from 42.42%)
22.16% (from 33.09%)
All Others26.95% (from 37.76%)

Indonesia. Suspension of liquidation and AD duty cash deposit requirements continue for subject merchandise entered on or after Aug. 27, 2015, with changes to cash deposit rates taking effect Jan. 20 as follows:

Manufacturer/ExporterAD RateAdjusted*
Great Champ Trading Limited17.39%zero (from 22.39%)
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT. Pindo Deli Pulp and Paper Mills17.39%zero (from 22.39%)
April Fine Paper Macao Limited/PT Anugerah Kertas Utama/ PT Riau Andalan Kertas2.05%2.05% (from zero)
All Others2.05%2.05% (from 34.5%)

Portugal. In a reversal of its preliminary determination, Commerce found "critical circumstances" do not exist for uncoated paper from Portugal. As a result, suspension of liquidation and cash deposit requirements remain in effect for subject merchandise entered on or after Aug. 26, 2015, but any cash deposits collected May 27, 2015 through Aug. 25, 2015 will be refunded. New cash deposit requirements take effect Jan. 20, as follows:

Manufacturer/ExporterAD Rate
Portucel S.A7.8% (from 29.53%)
All Others7.8% (from 29.53%)

China. Suspension of liquidation and AD duty cash deposit requirements continue for subject merchandise entered on or after Aug. 27, 2015, with changes to cash deposit rates taking effect Jan. 20 as follows:

ExporterProducerAD RateAdjusted
Greenpoint Global Trading (Macao Commercial Offshore) Ltd.Asia Symbol (Guangdong) Paper Co., Ltd.; and Asia Symbol (Shandong) Pulp & Paper Co., Ltd.84.05%83.92% (from 97.35%)
China-wide Entity149%148.87% (from 193.17%)

*As adjusted for export subsidies found in the preliminary CV duty determinations on uncoated paper from China and Indonesia.

(The period of investigation is 01/01/14 -- 12/31/14 for Australia, Brazil, Indonesia and Portugal, and 07/01/14 -- 12/31/14 for China. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 1508250015 for summary of the preliminary determinations from the Australia, Indonesia, Portugal and China investigations, and 1508260009 for the preliminary determination from the investigation of Brazil.)