High Purity Dissolving Pulp From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
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Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that high purity dissolving pulp (dissolving pulp) from Brazil is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2024, through June 30, 2025. Interested parties are invited to comment on this preliminary determination.
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<title>Federal Register, Volume 91 Issue 101 (Wednesday, May 27, 2026)</title>
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[Federal Register Volume 91, Number 101 (Wednesday, May 27, 2026)]
[Notices]
[Pages 31418-31420]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10523]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-866]
High Purity Dissolving Pulp From Brazil: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that high purity dissolving pulp (dissolving pulp) from
Brazil is being, or is likely to be, sold in the United States at less
than fair value (LTFV). The period of investigation (POI) is July 1,
2024, through June 30, 2025. Interested parties are invited to comment
on this preliminary determination.
DATES: Applicable May 27, 2026.
FOR FURTHER INFORMATION CONTACT: Ian Riggs, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3810.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on September
8, 2025.\1\ Due to the lapse in appropriations and Federal Government
shutdown, on November 14, 2025, Commerce tolled all deadlines in
administrative proceedings by 47 days.\2\ Additionally, due to a
backlog of documents that were electronically filed via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) during the Federal Government shutdown, on
November 24, 2025, Commerce tolled all deadlines in administrative
proceedings by an additional 21 days.\3\ On February 18, 2026, Commerce
postponed the preliminary determination of this investigation and the
revised deadline is now May 18, 2026.\4\
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\1\ See High Purity Dissolving Pulp from Brazil and Norway:
Initiation of Less-Than-Fair-Value Investigations, 90 FR 43168
(September 8, 2025) (Initiation Notice).
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\3\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\4\ See High Purity Dissolving Pulp from Brazil and Norway:
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 91 FR 7445 (February 18, 2026).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\5\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via 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/frnotices">https://access.trade.gov/frnotices</a>.
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\5\ See Memorandum, Decision Memorandum for the Preliminary
Affirmative Determination in the Leess than fair value investigation
of High purity Dissolving Pulp from Brazil, dated oncurrently with,
and hereby adopted by, this notice (preliminary Decision
Memborandum).
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Scope of the Investigation
The product covered by this investigation is dissolving pulp from
Brazil. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\7\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\8\
Commerce is not preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I to this
notice.
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\7\ See Initiation Notice.
\8\ See Memorandum, ``Less-Than-Fair-Value Investigations of
High Purity Dissolving Pulp from Brazil and Norway and
Countervailing Duty Investigation of High Purity Dissolving Pulp
from Brazil: Preliminary Scope Decision Memorandum,'' dated
concurrently with this preliminary determination (Preliminary Scope
Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Constructed export
[[Page 31419]]
prices have been calculated in accordance with section 772(b) of the
Act. Normal value is calculated in accordance with section 773 of the
Act. In addition, Commerce has relied on partial facts available under
section 776(a)(1) of the Act and partial adverse facts available under
sections 776(a) and (b) of the Act for Bracell Bahia Specialty
Cellulose S.A. (BSC) and Bracell SP Celulose Ltda. (BSP) (collectively,
Bracell). For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Bracell, the only individually examined exporter/
producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for Bracell is the estimated weighted-average dumping
margin assigned to all other producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Cash
Estimated deposit
weighted- rate
average (adjusted
Exporter/producer dumping for
margin subsidy
(percent) offsets)
(percent)
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Bracell Bahia Specialty Cellulose S.A./Bracell 7.20 6.09
SP Celulose Ltda.\9\...........................
All Others...................................... 7.20 6.09
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal for estimated antidumping
duties, as follows: (1) the cash deposit rate for subject merchandise
exported by Bracell will be equal to the company-specific estimated
weighted-average dumping margin determined in this preliminary
determination; (2) if the exporter is not a company identified above,
but the producer is, then the cash deposit rate will be equal to the
company-specific estimated weighted-average dumping margin established
for that producer of the subject merchandise; and (3) the cash deposit
rate for all other producers and exporters will be equal to the all-
others estimated weighted-average dumping margin.
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\9\ Commerce has preliminarily determined that BSC and BSP are a
single entity. See Preliminary Decision Memorandum for further
discussion.
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Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. Any such adjusted cash deposit rate may be
found in the ``Preliminary Determination'' section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation.\10\ Rebuttal briefs, limited to issues raised in
the case briefs, may be filed not later than five days after the date
for filing case briefs.\11\ Interested parties who submit case or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\12\
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\10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\11\ 11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\12\ 12 See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\13\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to
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the service of documents in 19 CFR 351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
(1) the party's name, address, and telephone number; (2) the number of
participants, and whether any participant is a foreign national; and
(3) a list of the issues to be discussed. 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 by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On May 12, 2026, pursuant to 19 CFR 351.210(e), Bracell requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\15\ In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\15\ See Bracell's Letter, ``Bracell's Request for Postponement
of the Department's Antidumping Duty Final Determination,'' dated
May 12, 2026.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether these imports are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: May 18, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation is high purity
dissolving pulp, which is a dissolving pulp with an alpha cellulose
percentage of 90 percent by weight or higher on an oven dry basis,
as calculated by: alpha cellulose percentage = (100-S10) + 0.5 *
(S10-S18) where S10 and S18 values are determined by International
Organization for Standardization (ISO) 692:1982, and having a
brightness level of 90 percent or higher, as measured by ISO 2470-
1:2016. High purity dissolving pulp may be derived from any virgin
or recycled cellulose fiber source (including, but not limited to,
those sourced from hardwoods, softwoods, woody crops, agricultural
crops/byproducts/residue, and agricultural/industrial/other waste).
High purity dissolving pulp may be produced from a chemical pulping
process including without limitation a kraft (sulfate) pulping and/
or sulfite pulping process.
High purity dissolving pulp can be shipped in any form,
including, but not limited to, a liquid slurry or in any dried form
such as flakes, powder, granules, pellets, shreds, rolls and sheets.
The scope includes merchandise matching the above description
that has been finished, packaged, or otherwise processed in a third
country, including but not limited to processes such as commingling,
blending, diluting, repackaging, or any other process that would not
otherwise remove the merchandise from the scope of the investigation
if performed in the subject country. The scope also includes high
purity dissolving pulp that is commingled or blended with high
purity dissolving pulp from sources not subject to this
investigation. Only the subject component of such commingled or
blended products is covered by the scope of this investigation.
Excluded from the scope is high purity dissolving pulp with an
intrinsic viscosity under 455 milliliters per gram (mL/g), as
measured by ISO 5351:2010.
Also excluded from the scope is cotton linters pulp that
consists of at least 90 percent by weight, on an oven-dried basis,
of cotton linters fibers.
High purity dissolving pulp products are classified under
subheadings 4702.00.0020 and 4702.00.0040 of the Harmonized Tariff
Schedule of the United States (HTSUS). High purity dissolving pulp
products may also enter under subheadings 4706.30.0000 or
4706.92.0100. Reference to the HTSUS classifications is provided for
convenience and customs purposes, and the written description of the
merchandise under investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Application of Facts Available and Use of Adverse Inference
VI. Discussion of the Methodology
VII. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2026-10523 Filed 5-26-26; 8:45 am]
BILLING CODE 3510-DS-P
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