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USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING UNCOATED PAPER FROM AUSTRALIA, BRAZIL, CHINA, INDONESIA, AND PORTUGAL
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of uncoated paper from Australia, Brazil, China, Indonesia, and Portugal and the existing countervailing duty orders on imports of uncoated paper from China and Indonesia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from Australia, Brazil, China, Indonesia, and Portugal will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Inv. Nos. 701-TA-528-529 and 731-TA-1264-1268 (Review), USITC Publication 5275, January 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by February 18, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning uncoated paper from Australia, Brazil, China, Indonesia, and Portugal were instituted on February 1, 2021.
On May 7, 2021, the Commission voted to conduct full reviews. With respect to Australia, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review. With respect to Brazil, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review. With respect to China, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate, and the respondent group response was inadequate, but that circumstances warranted a full review. With respect to Indonesia, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic group response and the respondent group response was adequate and voted for a full review. With respect to Portugal, Commissioners Johanson, Schmidtlein, Kearns, Stayin, and Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review.
A record of the Commission’s vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal Injures U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain uncoated paper from Australia, Brazil, China, Indonesia, and Portugal that the U.S. Department of Commerce has determined are sold in the United States at less than fair value and subsidized by the governments of China and Indonesia.
All six Commissioners voted in the affirmative.
The Commission also made a negative finding with respect to critical circumstances with regard to imports of this product from Australia. As a result, goods that entered the United States from Australia prior to August 26, 2015, the date of the Department of Commerce’s affirmative preliminary determination, will not be subject to retroactive duties.
As a result of the USITC’s affirmative determinations, the Department of Commerce will issue countervailing duty orders on imports of this product from China and Indonesia and antidumping duty orders on imports of this product from Australia, Brazil, China, Indonesia, and Portugal.
The Commission’s public report Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Final), USITC Publication 4592, February 2016) will contain the views of the Commissioners and information developed during the investigations.
The report will be available by March 14, 2016; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal
Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Final)
Product Description: Certain uncoated paper covered by these investigations 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, embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions. Certain uncoated paper is generally used for office reprographics (copy and printer paper), books, instruction manuals, inserts, business forms, flyers, maps, and brochures.
Status of Proceedings:
1. Type of investigations: Final antidumping and countervailing duty.
2. Petitioners: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburg, PA; Domtar Corporation, Ft. Mill, SC; Finch Paper LLC, Glen Falls, NY; P. H. Glatfelter Company, York, PA; and Packaging Corporation of America, Lake Forest, IL.
3. Investigations instituted by USITC: January 21, 2015.
4. USITC hearing: January 7, 2016.
5. USITC vote: February 9, 2016.
6. USITC notification of Department of Commerce: February 22, 2016.
U.S. Industry:
1. Number of producers in 2014: Ten.
2. Location of producers’ plants: Alabama, Arkansas, Kentucky, Louisiana, Minnesota, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Washington, and Wisconsin.
3. Employment of production and related workers in 2014: [1]
4. Apparent U.S. consumption in 2014: $4.5 billion
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2014: 19.5 percent.
U.S. Imports:
1. From the subject countries during 2014: 1
2. From other countries during 2014: 1
3. Leading sources during 2014: Indonesia, Brazil, Portugal, Canada, China, and Australia (in terms of total value).
[1] Withheld to avoid disclosure of business proprietary information.
Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal
USITC VOTES TO CONTINUE CASES
ON CERTAIN UNCOATED PAPER
FROM AUSTRALIA, BRAZIL, CHINA, INDONESIA, AND PORTUGAL
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of certain uncoated paper from Australia, Brazil, China, Indonesia, and Portugal that are allegedly sold in the United States at less than fair value and that are allegedly subsidized by the governments of China and Indonesia.
Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the affirmative. Commissioner F. Scott Kieff did not participate in these investigations.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products from Australia, Brazil, China, Indonesia, and Portugal, with its preliminary countervailing duty determination due on or about April 16, 2015, and its antidumping duty determination due on or about June 30, 2015.
The Commission’s public report Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Preliminary), USITC Publication 4522, March 2015) will contain the views of the Commission and information developed during the investigations.
The report will be available after April 6, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of IndustriesWashington, DC 20436
FACTUAL HIGHLIGHTS
Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal
Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Preliminary)
Product Description: Certain uncoated paper covered by these investigations 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, embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions. Certain uncoated paper is generally used for office reprographics (copy and printer paper), books, instruction manuals, inserts, business forms, flyers, maps, and brochures.
Status of Proceedings:
- Type of investigations: Preliminary antidumping and countervailing duty.
- Petitioners: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, PA; Domtar Corporation, Ft. Mill, SC; Finch Paper LLC, Glen Falls, NY; Glatfelter Company, York, PA; and Packaging Corporation of America, Lake Forest, IL.
- Commission's conference: February 11, 2015.
- USITC vote: March 6, 2015.
- USITC determinations: March11, 2015.
- USITC views: March 18, 2015.
U.S. Industry:
- Number of producers in 2013: Nine.
- Location of producers' plants: Alabama, Arkansas, Minnesota, New York, Ohio, Pennsylvania, Tennessee.
- Employment of production and related workers in 2013: 6,925.
- Apparent U.S. consumption in 2013: $4.5 billion.
- Ratio of the value of total U.S. imports to total U.S. consumption in 2013: 15.5 percent.
U.S. Imports:
- From the subject countries during 2013: $496.8 million.
- From other countries during 2013: $198.4 million.
- Leading sources during 2013: Portugal, Canada, Indonesia, Brazil, China, and Australia (in terms of total value).
Bulletin 15-007
Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal
BULLETIN
The U.S. International Trade Commission has made affirmative determinations in its preliminary phase antidumping and countervailing duty investigations concerning Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal.
Note to Users: This bulletin will be replaced by the news release when the release is available. News releases are generally issued approximately three hours after a Commission vote.