Preliminary determination of critical circumstances in AD investigation of certain uncoated paper from Portugal (A-471-807)

1. On 08/26/2015, Commerce published in the Federal Register (80 FR 51777) its affirmative preliminary determination of sales at less than fair value in the antidumping duty investigation of certain uncoated paper from Portugal. See message 5239315, dated 08/27/2015. On 11/04/2015, Commerce published in the Federal Register (80 FR 68293) its affirmative finding of critical circumstances in the antidumping investigation of certain uncoated paper from Portugal. 2. The products covered by this investigation are described in message 5056304, dated 02/25/2015. The merchandise covered by this investigation 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 groundwood 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. 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 investigations 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. Because Commerce determined that critical circumstances exist for imports of certain uncoated paper from Portugal from the producers and/or exporters listed below, CBP shall suspend liquidation of all appropriate entries of certain uncoated paper from Portugal that are entered, or withdrawn from warehouse, for consumption on or after 05/27/2015 which is 90 days before the date of publication of the preliminary determination in the Federal Register. Effective 05/27/2015, for entries of certain uncoated paper from Portugal from producers and/or exporters listed below, CBP shall require a cash deposit equal to the following dumping margins: Producer and/or Exporter: Portucel S.A. Case number: A-471-807-001 Cash deposit rate: 29.53% All Others Case Number: A-471-807-000 Cash Deposit Rate: 29.53% 4. If any entries of this merchandise are exported by a firm other than the producer, then the following instructions apply: A. If the exporter of the subject merchandise does not have its own rate but the producer has its own rate, the cash deposit rate will be the producer's rate. B. Where neither the exporter nor the producer has its own rate or the producer is unknown, use the all-others rate of 29.53 percent to establish the cash deposit. 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 OV:KJA.) 6. There are no restrictions on the release of this information. Sherri L. Hoffman