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New Antidumping and Countervailing Duty Petitions on Uncoated Groundwood Paper from Canada

North Pacific Paper Company (NORPAC), on August 9, 2017, filed antidumping (AD) and countervailing duty (CVD) petitions on uncoated groundwood paper from Canada.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidies are occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of uncoated groundwood paper.

Scope

The merchandise covered by this petition 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, or deinked pulp made from recycled ONP (old newspapers), weighing not more than 90 grams per square meter. Groundwood pulp includes all forms of pulp produced from a mechanical process, such as thermo-mechanical process (TMP), chemithermo mechanical process (CTMP), or bleached chemi-thermo mechanical process (BCTMP) or any other process other than the bleached Kraft process. The scope includes paper shipped in any form, including both rolls and sheets.

Certain uncoated groundwood paper includes but is not limited to standard newsprint, high bright newsprint, book publishing, directory, 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 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.

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, 4802.61.3010, 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. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

Alleged Dumping Margins

NORPAC alleges dumping margins ranging from 23.45 percent to 54.97 percent.

Estimated Schedule of Investigations

  • August 9, 2017 – Petition is filed

  • August 29, 2017 – DOC initiates investigation

  • August 30, 2017 – ITC staff conference (estimated)

  • September 25, 2017 – Deadline for ITC preliminary injury determination

  • November 2, 2017 – Deadline for DOC preliminary CVD determination, if deadline is not postponed

  • January 8, 2018 – Deadline for DOC preliminary CVD determination, if deadline is fully postponed

  • January 16, 2018 – Deadline for DOC preliminary AD determination, if deadline is not postponed

  • March 7, 2018– Deadline for DOC preliminary AD determination, if deadline is fully postponed

  • July 20, 2018 – Deadline for DOC final AD determinations, if both preliminary and final AD determinations are fully postponed

  • September 4, 2018 – Deadline for ITC final injury determination, assuming fully postponed DOC deadlines

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About this Author

Douglas Heffner, Customs, International trade litigator, Drinker Biddle Law Firm
Partner

Doug has a broad-based practice in customs and international trade that includes actively litigating antidumping duty, countervailing duty and safeguard cases for over 25 years. He represents foreign companies in Canada, Europe, Japan and Mexico, as well as domestic producers in industries that range from high-tech to heavy industry, and from consumer to industrial goods. He also represents trade associations, government agencies and embassies in a broad range of matters.
 

202-230-5802
Richard P Ferrin, International Attorney, Drinker Biddle Law Firm
Counsel

Richard P. Ferrin is counsel with the Customs and International Trade Practice of the Corporate and Securities Practice Group. Richard focuses his practice on international trade regulations, particularly antidumping and countervailing duty proceedings at both the administrative and appellate levels, global “safeguards” proceedings and on customs matters involving classification issues and country-of-origin determinations.
 

202-230-5803