Notice2021-25781
Certain Uncoated Paper From Brazil: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
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
November 26, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on certain uncoated paper (uncoated paper) from Brazil. Further, Commerce preliminarily determines that Sylvamo do Brasil Ltda. (SVBR) is the successor-in-interest to International Paper do Brasil Ltda. (IP) and that Sylvamo Exports Ltda. (SVEX) is the successor-in-interest to International Paper Exportadora Ltda. (IPEX). Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 225 (Friday, November 26, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67438-67439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25781]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842]
Certain Uncoated Paper From Brazil: Notice of Initiation and
Preliminary Results of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review (CCR) of the antidumping duty (AD) order on
certain uncoated paper (uncoated paper) from Brazil. Further, Commerce
preliminarily determines that Sylvamo do Brasil Ltda. (SVBR) is the
successor-in-interest to International Paper do Brasil Ltda. (IP) and
that Sylvamo Exports Ltda. (SVEX) is the successor-in-interest to
International Paper Exportadora Ltda. (IPEX). Interested parties are
invited to comment on these preliminary results.
DATES: Applicable November 26, 2021.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, 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) 482-5831.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2016, Commerce published in the Federal Register an AD
order on uncoated paper from Brazil.\1\ We assigned IP and IPEX
(collectively, International Paper) a cash deposit rate of 41.39
percent.\2\ International Paper last received a calculated rate, in the
third administrative review of this proceeding, of 20.80 percent.\3\ On
October 4, 2021, Commerce received a request on behalf of SVBR and SVEX
(collectively, Sylvamo) for an expedited CCR to establish SVBR and SVEX
as the successors-in-interest to IP and IPEX, respectively.\4\ Sylvamo
asked that it be subject to International Paper's AD margin for
uncoated paper from Brazil. No interested parties filed comments
opposing the CCR request.
---------------------------------------------------------------------------
\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\ Id., 81 FR at 11176.
\3\ See Certain Uncoated Paper from Brazil: Final Results of
Antidumping Duty Administrative Review; 2018-2019, 86 FR 7254
(January 27, 2021).
\4\ See Sylvamo's Letter, ``Request for Changed Circumstances
Review and Successor-in-Interest Determination,'' dated October 4,
2021.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is uncoated paper. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
We are conducting this CCR in accordance with section 751(b)(1) of
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216. For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum.\5\ 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 made available to the public 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
Preliminary Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Initiation and
Preliminary Results of the Changed Circumstances Review of the
Antidumping Duty Order on Certain Uncoated Paper from Brazil,''
dated concurrently with this notice.
---------------------------------------------------------------------------
Initiation and Preliminary Results of CCR
Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d),
Commerce will conduct a CCR upon receipt of information concerning, or
a request from an interested party for a review of, an AD order which
shows changed circumstances sufficient to warrant a review of the
order.
We find that the information regarding IP and IPEX's name changes
to SVBR and SVEX, respectively, demonstrates changed circumstances
sufficient to warrant a CCR with respect to the Order. Therefore, we
are initiating a CCR to determine whether SVBR and SVEX are the
successors-in-interest to IP and IPEX, respectively, for purposes of
the Order.
Pursuant to 19 CFR 351.221(c)(3)(ii)), Commerce may combine the
notice of initiation of a CCR and the notice of preliminary results of
a CCR into a single notice if Commerce concludes that expedited action
is warranted. We have on the record the information necessary to make a
preliminary finding and, therefore, we find that expedited action is
warranted. Consequently, we are combining the initiation of the CCR
described above and our preliminary results.
In determining whether one company is the successor to another for
AD purposes, Commerce examines a number of factors including, but not
limited to, changes in: (1) Management; (2) production facilities; (3)
suppliers; and (4) customer base.\6\ While no single factor or
combination of factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, Commerce will
generally consider one company to be the successor to a previous
company if its resulting operations are not materially dissimilar to
those of its predecessor.\7\ Thus, if the evidence demonstrates that,
with respect to the production and sale of the subject merchandise, the
company, in its current form, operates as essentially the same business
entity as the prior company, Commerce will assign the new company the
cash deposit rate of its predecessor.\8\
---------------------------------------------------------------------------
\6\ See Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Multilayered Wood Flooring from the
People's Republic of China, 79 FR 48117 (August 15, 2014), unchanged
in Multilayered Wood Flooring from the People's Republic of China:
Final Results of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
\7\ Id.
\8\ See, e.g., Certain Preserved Mushrooms from India:
Initiation and Preliminary Results of Changed-Circumstances Review,
67 FR 78416 (December 24, 2002), unchanged in Certain Preserved
Mushrooms from India: Final Results of Changed-Circumstances Review,
68 FR 6884 (February 11, 2003); and Fresh and Chilled Atlantic
Salmon from Norway: Final Results of Changed Circumstances
Antidumping Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
---------------------------------------------------------------------------
Sylvamo provided evidence that: (1) IP and IPEX's names changed to
SVBR and SVEX, respectively, in August 2021, and the companies were
transferred from their ultimate parent company, the International Paper
Company, to a new parent company, Sylvamo Corp., in October 2021; \9\
and (2) there were no significant changes to management,\10\
[[Page 67439]]
production facilities,\11\ suppliers,\12\ or customer base.\13\ Based
on these facts, which are explained in greater detail in the
accompanying Preliminary Decision Memorandum, we preliminarily
determine that SVBR and SVEX are the successors-in-interest to IP and
IPEX, respectively, for purposes of the Order, and, thus, Sylvamo is
the successor-in-interest to International Paper.
---------------------------------------------------------------------------
\9\ See CCR Letter at 2.
\10\ Id. at Attachments 9, 10, 12, and 13.
\11\ Id. at Attachment 11.
\12\ Id. at Attachment 16.
\13\ Id. at Attachment 14.
---------------------------------------------------------------------------
Should our final results of review remain unchanged from these
preliminary results of review, we will instruct U.S. Customs and Border
Protection to apply International Paper's cash deposit rate to Sylvamo.
Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice.\14\ In accordance
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case
briefs not later than 14 days after the date of publication of this
notice.\15\ Rebuttal briefs, limited to issues raised in case briefs,
may be filed not later than seven days after the due date for case
briefs, in accordance with 19 CFR 351.309(d).\16\ Parties who submit
case briefs or rebuttal briefs in this CCR are requested to submit with
each argument: (1) A statement of the issues; (2) a brief summary of
the arguments; and (3) a table of authorities.\17\
---------------------------------------------------------------------------
\14\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\15\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
\17\ See 19 CFR 351.309(c)(2).
---------------------------------------------------------------------------
Hearing requests should contain the following information: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. Parties should confirm
the date and the time of the hearing two days before the scheduled
date.
All submissions must be filed electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS), and must also be served on interested
parties.\18\ An electronically-filed document must be received
successfully in its entirely by ACCESS by 5:00 p.m. Eastern Time (ET)
on the due date.\19\ Note that Commerce has temporarily modified
certain requirements for serving documents containing business
proprietary information, until further notice.\20\
---------------------------------------------------------------------------
\18\ ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>.
\19\ See 19 CFR 351.303(b).
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this CCR no later than 270 days after the date on which this
reviews was initiated, or within 45 days of publication of these
preliminary results, if all parties agree to the preliminary findings.
Notification to Interested Parties
We are issuing and publishing this initiation and preliminary
results notice in accordance with section 751(b)(1) and 777(i)(1) of
the Act, and 19 CFR 351.216(b) and 351.221(c)(3).
Dated: November 19, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Determination
V. Recommendation
[FR Doc. 2021-25781 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 26, 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.