Notice2021-21902
Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that certain uncoated paper (uncoated paper) from Brazil was sold in the United States at less than normal value during the period of review (POR) March 1, 2019, through February 29, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 192 (Thursday, October 7, 2021)</title>
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[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Notices]
[Pages 55820-55821]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21902]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842]
Certain Uncoated Paper From Brazil: Final Results of Antidumping
Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
uncoated paper (uncoated paper) from Brazil was sold in the United
States at less than normal value during the period of review (POR)
March 1, 2019, through February 29, 2020.
DATES: Applicable October 7, 2021.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2021, Commerce published the Preliminary Results.\1\ We
invited interested parties to comment on the Preliminary Results.\2\
This review covers one respondent: Suzano S.A. (Suzano).\3\ Although
the petitioners \4\ and Suzano both submitted comments on the
Preliminary Results, each party subsequently withdrew its comments,
leaving no arguments on the record to address. Accordingly, no party
has commented on the Preliminary Results and the final results remain
unchanged from the Preliminary Results.
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\1\ See Certain Uncoated Paper from Brazil: Preliminary Results
of the Antidumping Duty Administrative Review and Preliminary
Successor-in-Interest Determination; 2019-2020, 86 FR 30000 (June 4,
2021) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Preliminary Results, 86 FR at 30002.
\3\ In the Preliminary Results, we determined that Suzano S.A.
is the successor-in-interest to Suzano Papel e Celulose S.A. We did
not receive comments from interested parties related to this
finding. Accordingly, we continue to determine that it is the
successor-in-interest. For additional information on Commerce's
analysis regarding the successor-in-interest finding. See
Preliminary Results PDM at 4.
\4\ The petitioners for this case are Domtar Corporation; P.H.
Glatfelter Company; Packaging Corporation of America; and the United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, AFL-CIO, CLC.
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Commerce conducted this review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order 5
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\5\ 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).
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The merchandise covered by the Order 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 \6\ 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).
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\6\ 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.
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Certain Uncoated Paper includes: (a) Uncoated free sheet paper that
meets this scope definition; (b) uncoated ground wood paper produces
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. 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 cover at least five percent of the surface area of the
entire sheet.
On September 1, 2017, Commerce determined that imports of uncoated
paper with a GE brightness of 83 +/- 1% (83 Bright paper), otherwise
meeting the description of in-scope merchandise, constitute merchandise
``altered in form or appearance in minor respects'' from in-scope
merchandise that are subject to the Order.\7\
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\7\ See Certain Uncoated Paper from Australia, Brazil, the
People's Republic of China, Indonesia, and Portugal: Affirmative
Final Determination of Circumvention of the Antidumping and
Countervailing Duty Orders, 82 FR 41610 (September 1, 2017).
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Imports of the subject merchandise are provided for under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
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.\8\ While HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of the Order is dispositive.
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\8\ On January 27, 2021, Commerce preliminarily found that rolls
of certain uncoated paper from Brazil were being further processed
in the United States into individual sheets of uncoated paper that
would be subject to the Order. The uncoated paper rolls covered by
the preliminary finding are converted into sheets of uncoated paper
using specialized cutting machinery prior to printing, and are
typically, but not exclusively, between 52 and 103 inches wide and
50 inches in diameter. These certain uncoated paper rolls are
classified under HTSUS subheading 4802.55. See Certain Uncoated
Paper from Brazil: Affirmative Preliminary Determination of
Circumvention of the Antidumping Duty Order for Uncoated Paper
Rolls, 86 FR 7261 (January 27, 2021). Commerce intends to make a
final finding as to whether these uncoated paper rolls are within
the scope of the Order after the issuance of the final results of
this administrative review. Any entries of merchandise subject to
the circumvention inquiry made during the POR will remain suspended
until the conclusion of the circumvention proceeding.
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Final Results of the Review
We determine that the following weighted-average dumping margin
exists for the respondent for the POR, March 1, 2019, through February
29, 2020:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Suzano S.A.................................................. 19.40
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[[Page 55821]]
Disclosure
As noted above, there are no comments on the record regarding
Commerce's Preliminary Results to be addressed here. As a result, we
have not modified our analysis from the Preliminary Results, and we
will not issue a decision memorandum to accompany this Federal Register
notice. We are adopting the Preliminary Results as the final results of
this review. Further, because we have not changed our calculations
since the Preliminary Results, there are no new calculations to
disclose, in accordance with 19 CFR 351.224(b), for these final
results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. We will calculate importer-specific ad valorem assessment
rates based on the ratio of the total amount of dumping calculated for
the examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the U.S
Court of International Trade, the assessment instructions will direct
CBP not to liquidate relevant entries until the time for parties to
file a request for a statutory injunction has expired (i.e., within 90
days of publication).
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective for all shipments of 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 Suzano will be equal to its weighted-average dumping margin
established in the final results of this administrative review; (2) for
merchandise exported by a producer or exporter not covered in this
review but covered in a prior completed segment of the proceeding, the
cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the producer has been covered in a
prior completed segment of this proceeding, the cash deposit rate will
be the company-specific rate established for the most recent period for
the producer of the merchandise; (4) the cash deposit rate for all
other producers or exporters will continue to be 27.11 percent,\9\ the
all-others rate established in the LTFV investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\9\ See Order.
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Notification to Importers
This notice also serves as a final 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 review period. 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
section 751(a)(1) and 777(i) of the Act.
Dated: October 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-21902 Filed 10-6-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 7, 2021.
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