Notice2023-22574
Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty 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
October 12, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Suzano S.A. made sales of subject merchandise at prices below normal value during the period of review (POR) March 1, 2021, through February 28, 2022. Commerce also determines that Sylvamo do Brasil Ltda. and Sylvamo Exports Ltda. (collectively, Sylvamo) did not make sales of subject merchandise at prices below normal value during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 196 (Thursday, October 12, 2023)</title>
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[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70647-70648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22574]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Suzano S.A. made sales of subject merchandise at prices below normal
value during the period of review (POR) March 1, 2021, through February
28, 2022. Commerce also determines that Sylvamo do Brasil Ltda. and
Sylvamo Exports Ltda. (collectively, Sylvamo) did not make sales of
subject merchandise at prices below normal value during the POR.
DATES: Applicable October 12, 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 April 6, 2023, Commerce published the Preliminary Results, and
invited interested parties to comment.\1\ On July 19, 2023, we extended
the deadline for these final results to October 3, 2023.\2\ For a
complete description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\3\ Commerce conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act).
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\1\ See Certain Uncoated Paper from Brazil: Preliminary Results
of the Antidumping Duty Administrative Review; 2021-2022, 88 FR
20478 (April 6, 2023) (Preliminary Results).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
the 2021-2022 Antidumping Duty Administrative Review,'' dated July
19, 2023.
\3\ See Memorandum, ``Certain Uncoated Paper from Brazil: Issues
and Decision Memorandum for the Final Results of the Administrative
Review of the Antidumping Duty Order; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
The product covered by this Order is certain uncoated paper from
Brazil. For
[[Page 70648]]
a full description of the scope, see the Issues and Decision
Memorandum.
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\4\ 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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Analysis of Comments Received
We addressed the issue raised in the case and rebuttal brief in the
Issues and Decision Memorandum. The issue 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
Following a review of the record and comments received from
interested parties, we have made no changes to the Preliminary Results.
Final Results of the Review
Commerce determines that the following estimated 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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Disclosure
Because we made no changes to the calculations performed in
connection with 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 has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.
Because Suzano's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), we calculated 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
the 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 Sylvamo, because its
weighted-average dumping margin is zero, we will instruct CBP to
liquidate entries reported in this review without regard to antidumping
duties.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Suzano or Sylvamo for
which they did not know their 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\
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\5\ 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 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 rates for Suzano and
Sylvamo will be the rates established in the final results of this
administrative review; (2) for previously reviewed or investigated
companies not listed above, 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 27.11 percent, the all-others rate established in the
LTFV investigation.\6\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\6\ See Order.
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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 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 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decisions
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issue
Comment: Constructed Export Price Offset for Suzano S.A.
VI. Recommendation
[FR Doc. 2023-22574 Filed 10-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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