88 FR 66 pgs. 20478-20479 - Certain Uncoated Paper From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
Type: NOTICEVolume: 88Number: 66Pages: 20478 - 20479
Pages: 20478, 20479Docket number: [A-351-842]
FR document: [FR Doc. 2023-07248 Filed 4-5-23; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842]
Certain Uncoated Paper From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain uncoated paper (uncoated paper) from Brazil with respect to two exporters/producers of subject merchandise. The period of review (POR) is March 1, 2021, through February 28, 2022. Commerce preliminarily finds that certain sales of uncoated paper from Brazil were made at less than normal value. We invite interested parties to comment on these preliminary results.
DATES:
Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Maciuba or Nathan James, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0413 or (202) 482-5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 13, 2022, Commerce initiated an administrative review of the antidumping duty order on uncoated paper from Brazil, 1 in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). 2 This review covers two producers/exporters of subject merchandise, Suzano S.A. (Suzano)? 3 and Sylvamo do Brasil Ltda. (SVBR)/Sylvamo Exports Ltda. (SVEX) (collectively, Sylvamo). 4
Footnotes:
1 ? See Certain Uncoated Paper from Australia, Brazil, Indonesia, the People's Republic of China, and Portugal: Amended Final Affirmative Antidumping Determinations for Brazil and Indonesia and Antidumping Duty Orders, 81 FR 11174 (March 3, 2016) ( Order ).
2 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 29280 (May 13, 2022).
3 ?Commerce previously determined that Suzano is the successor-in-interest to Suzano Papel e Celulose S.A. See Certain Uncoated Paper from Brazil: Final Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR 55820 (October 7, 2021).
4 ?Commerce previously determined that SVBR is the successor-in-interest to International Paper do Brasil Ltda. and that SVEX is the successor-in-interest to International Paper Exportadora Ltda. See Certain Uncoated Paper from Brazil: Final Results of Antidumping Duty Changed Circumstances Review, 87 FR 1395 (January 11, 2022).
On November 15, 2022, Commerce extended the deadline for these preliminary results until March 31, 2023. 5 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 6
Footnotes:
5 ? See Memorandum, "Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review," dated November 15, 2022.
6 ? See Memorandum, "Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Certain Uncoated Paper from Brazil; 2021-2022," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Order
The merchandise subject to the Order is uncoated paper. For a full description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. We calculated export price and constructed export price in accordance with section 772 of the Act. We calculated normal value in accordance with section 773 of the Act.
For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average dumping margins exist for the period March 1, 2021, through February 28, 2022:
| Exporter/producer | Weighted- average dumping margin (percent) |
|---|---|
| Suzano S.A | 7.17 |
| Sylvamo do Brasil Ltda./Sylvamo Exports Ltda | 0.00 |
Assessment Rates
Upon completion of the final results of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), if the weighted-average dumping margin for Suzano or Sylvamo is not zero or de minimis ( i.e., less than 0.50 percent) in the final results of this review, we will calculate importer-specific assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales. If either respondent's weighted-average dumping margin is zero or de minimis in the final results of review, or if an importer-specific assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review, and for future deposits of estimated duties, where applicable. 7
Footnotes:
7 ? See section 751(a)(2)(C) of the Act.
In accordance with Commerce's "automatic assessment" practice, for entries of subject merchandise during the POR produced by Suzano or Sylvamo for which the company did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate established in the original less-than-fair-value (LTFV) investigation ( i.e., 27.11 percent)? 8 if there is no rate for the intermediate company(ies) involved in the transaction. 9
Footnotes:
8 ? See Order, 81 FR at 11176.
9 ?For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
[top] Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of
Cash Deposit Requirements
The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed above will be equal to the weighted-average dumping margins established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for merchandise exported by a company not covered in this review, but covered in a prior segment of the proceeding, the cash deposit rate will be the company-specific rate published for the most recently completed segment in which they were reviewed; (3) if the exporter is not a firm covered in this review or in the original LTFV investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 27.11 percent, the all-others rate established in the LTFV investigation. 10 These cash deposit requirements, when imposed, shall remain in effect until further notice.
Footnotes:
10 ? See Order.
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within five days after public announcement of the preliminary results or, if there is no public announcement, within five days of the date of publication of this notice. 11 Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date for filing case briefs. 12 Parties who submit case or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. 13 Executive summaries should be limited to five pages total, including footnotes. Case and rebuttal briefs should be filed using ACCESS and must be served on interested parties. 14 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 15
Footnotes:
11 ? See 19 CFR 351.224(b).
12 ? See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) ( Temporary Rule ).
13 ? See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 351.303 (for general filing requirements).
14 ? See 19 CFR 351.303(f).
15 ? See Temporary Rule.
Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. 16 Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in case and rebuttal briefs. 17 If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. A hearing request must be filed electronically using ACCESS and received in its entirety by 5:00 p.m. Eastern Time within 30 days after the publication of this notice.
Footnotes:
16 ? See 19 CFR 351.310(c).
17 ? See 19 CFR 351.310.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213 and 19 CFR 351.221(b)(4).
Dated: March 31, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix-List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-07248 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P