Notice2021-22998
Certain Uncoated Paper From Portugal: 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 21, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that The Navigator Company, S.A. (Navigator) made sales of certain uncoated paper (uncoated paper) from Portugal in the United States at less than normal value during the period of review (POR) March 1, 2019, through February 29, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 201 (Thursday, October 21, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Notices]
[Pages 58251-58252]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22998]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-471-807]
Certain Uncoated Paper From Portugal: 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 The
Navigator Company, S.A. (Navigator) made sales of certain uncoated
paper (uncoated paper) from Portugal 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 21, 2021.
FOR FURTHER INFORMATION CONTACT: Eric Hawkins, 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) 482-1988.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2021, Commerce published the Preliminary Results
covering one producer/exporter, Navigator.\1\ On October 4, 2021,
Commerce extended the time period for issuing the final results of this
review by an additional 13 days, to 133 days after the publication date
of the Preliminary Results.\2\ The deadline for the final results of
this review is now October 15, 2021. For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Certain Uncoated Paper from Portugal: Preliminary
Results of the Administrative Review of the Antidumping Duty Order;
2019-2020, 86 FR 30003 (June 4, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Certain Uncoated Paper from Portugal:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review, 2019-2020,'' dated October 4, 2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order: Certain Uncoated Paper from Portugal; 2019-2020,'' dated
concurrently with and hereby adopted by this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by this order are certain uncoated paper from
Portugal. For a full description of the scope, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an appendix. The Issues and 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we have recalculated the weighted-average dumping
margin for Navigator. Specifically, we made a change to one post-sale
price adjustment for Navigator's home market sales. For a more detailed
discussion of this change, see the Final Analysis Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Final Results Analysis Memorandum for The
Navigator Company, S.A.,'' dated concurrently with this memorandum.
---------------------------------------------------------------------------
Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for the period March 1, 2019, through February 29, 2020:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
The Navigator Company, S.A............................. 2.21
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with the final results within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final determination in
the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.
Because Navigator's weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.5 percent), Commerce has calculated
importer-specific antidumping duty assessment rates. We calculated
importer-specific antidumping duty assessment rates by aggregating the
total amount of dumping calculated for the examined sales of each
importer and dividing each of these amounts by the total sales value
associated with those sales. Where an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by
Navigator for which it did not know its merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\5\
---------------------------------------------------------------------------
\5\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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).
[[Page 58252]]
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 Navigator will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding; (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 is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 7.80 percent, the all-others rate established in the
LTFV investigation.\6\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
---------------------------------------------------------------------------
\6\ See Certain Uncoated Paper from Portugal: Final
Determination of Sales at Less than Fair Value and Final Negative
Determination of Critical Circumstances, 81 FR 3105 (January 20,
2016).
---------------------------------------------------------------------------
Notification to Importers
This notice 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: October 15, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Cap ``Bonus'' Rebates in the Home Market
Comment 2: Whether Commerce Should Grant Navigator a Constructed
Export Price Offset
VI. Recommendation
[FR Doc. 2021-22998 Filed 10-20-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 21, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.