Notice2023-07114
Certain Uncoated Paper From Portugal: Preliminary Results of Administrative Review; 2021-2022
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
April 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain uncoated paper (uncoated paper) from Portugal with respect to one exporter/ producer of subject merchandise. The period of review (POR) is March 1, 2021, through February 28, 2022. Commerce preliminarily finds that sales of uncoated paper from Portugal were made at less than normal value during the POR. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20484-20486]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07114]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-471-807]
Certain Uncoated Paper From Portugal: Preliminary Results of
Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
[[Page 20485]]
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 Portugal with respect to one exporter/
producer of subject merchandise. The period of review (POR) is March 1,
2021, through February 28, 2022. Commerce preliminarily finds that
sales of uncoated paper from Portugal were made at less than normal
value during the POR. We invite interested parties to comment on these
preliminary results.
DATES: Applicable April 6, 2023.
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 May 13, 2022, Commerce initiated an administrative review of the
antidumping duty order on uncoated paper from Portugal,\1\ in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\2\ This review covers one producer/exporter of subject
merchandise, The Navigator Company, S.A. (Navigator).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
On November 3, 2022, Commerce extended the deadline for the
preliminary results until March 31, 2023.\3\ For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Certain Uncoated Paper from Portugal:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review, 2021-2022,'' dated November 3, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Uncoated Paper from Portugal; 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 certain uncoated paper from
Portugal. For a complete description of the scope, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated 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
topics included 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
<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>.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period March 1, 2021, through February
28, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
The Navigator Company, S.A................................. 8.18
------------------------------------------------------------------------
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. Pursuant
to 19 CFR 351.212(b)(1), if Navigator's weighted-average dumping margin
is not zero or de minimis (i.e., less than 0.5 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 Navigator's weighted-average dumping margin is zero or de
minimis, or if an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the 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.\5\
---------------------------------------------------------------------------
\5\ 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 Navigator
for which it 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., 7.80 percent) \6\ if there is no rate for the
intermediate company(ies) involved in the transaction.\7\
---------------------------------------------------------------------------
\6\ See Order.
\7\ 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).
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
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Navigator in the
final results of review will be equal to the weighted-average dumping
margin established in the final results of this administrative 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 continue to 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 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; (4) the cash deposit rate for all other producers or
exporters will continue to
[[Page 20486]]
be 7.80 percent,\8\ the all-others rate established in the LTFV
investigation. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\8\ 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.\9\ 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.\10\ 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.\11\ Case and rebuttal briefs
should be filed using ACCESS \12\ and must be served on interested
parties.\13\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\14\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.224(b).
\10\ 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).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See generally 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must d submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS.\15\ Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of the
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the case and rebuttal briefs.\16\ 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 publication of this notice.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(c).
\16\ 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, not 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 doubled
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: March 30, 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. 2023-07114 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 6, 2023.
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.