Notice2023-07248
Certain Uncoated Paper From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
Primary source
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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 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.
Full Text
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<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20478-20479]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07248]
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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\
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\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).
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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\
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\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).
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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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Suzano S.A.............................................. 7.17
Sylvamo do Brasil Ltda./Sylvamo Exports Ltda............ 0.00
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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\
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\7\ See section 751(a)(2)(C) of the Act.
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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\
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\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).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of
[[Page 20479]]
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
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.
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\10\ See Order.
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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\
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\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.
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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.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310.
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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
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</html>Indexed from Federal Register on April 6, 2023.
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