[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18550-18552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06915]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842]
Certain Uncoated Paper From Brazil: Preliminary Results of
Administrative Review of the Antidumping Duty Order; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
sales of certain uncoated paper (uncoated paper) from Brazil were made
at less than normal value during the period of review (POR) March 1,
2018 through February 28, 2019. We invite interested parties to comment
on these preliminary results.
DATES: Applicable April 1, 2020.
FOR FURTHER INFORMATION CONTACT: Jerry Huang or Justin Neuman, 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) 482-4047 or (202) 482-0486,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 29, 2019, Commerce initiated an administrative review of the
antidumping duty order on uncoated paper from Brazil in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This
review covers two producers/exporters of the subject merchandise:
Suzano Papel e Celulose S.A. (Suzano) and International Paper do Brasil
Ltda. (IP)/International Paper Exportadora Ltda. (IPEX) (collectively,
International Paper).\2\ For details regarding the events
[[Page 18551]]
that occurred subsequent to the initiation of the review, see the
Preliminary Decision Memorandum.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 24743 (May 29, 2019).
\2\ In the investigation, we determined that IP and IPEX
constituted a single entity. Because no interested parties submitted
comments on this issue, and in the absence of any new information
regarding this finding, Commerce is continuing to find that IP and
IPEX are affiliated, pursuant to sections 771(33)(E) and (F) of the
Act, and are considered a single entity, pursuant to 19 CFR
351.401(f). See Certain Uncoated Paper From Brazil: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 80 FR 52029 (August 27, 2015), and accompanying
Preliminary Decision Memorandum at ``Affiliation Determinations,''
unchanged in Certain Uncoated Paper From Brazil: Final Determination
of Sales at Less Than Fair Value, 81 FR 3115 (January 20, 2016).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Uncoated Paper from Brazil; 2018-2019,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Pursuant to section 751(a)(3)(A) of the Act, Commerce determined
that it was not practicable to complete the preliminary results of this
review within 245 days and extended the preliminary results by 117
days, until March 27, 2020.\4\
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\4\ See Memorandum, ``Third Antidumping Duty Administrative
Review of Certain Uncoated Paper from Brazil: Extension of Deadline
for Preliminary Results of Antidumping Duty Administrative Review,''
dated November 25, 2019.
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Scope of the Order
The products covered by this order are certain uncoated paper
products from Brazil. For a full description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) 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 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 https://access.trade.gov, and is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum is available at http://enforcement.trade.gov/frn/. The
signed and electronic versions of the Preliminary Decision Memorandum
are identical in content.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the respondents for the period March 1, 2018
through February 28, 2019:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Suzano Papel e Celulose S.A................................. 17.05
International Paper do Brasil Ltda. and International Paper 0.00
Exportadora Ltda...........................................
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Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. If International Paper's or Suzano'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 ad valorem antidumping duty 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 in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is not zero or de minimis. If a
respondent's weighted-average dumping margin 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 the final results of this review and for future
deposits of estimated duties, where applicable.\5\
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\5\ 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
International Paper or Suzano for which the companies 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 if there is no
rate for the intermediate company(ies) involved in the transaction.\6\
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\6\ 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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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
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 rates for International
Paper and Suzano in the final results of review will be equal to the
weighted-average dumping margin established in the final results of
this administrative review; (2) for merchandise exported by producers
or exporters 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
of this proceeding in which they were reviewed; (3) if the exporter is
not a firm covered in this review or the original 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 be 27.11 percent,\7\ the all-
others rate established in the less-than-fair-value investigation.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\7\ 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).
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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.\8\
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.\9\ Parties who submit case briefs 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.\10\ Case and rebuttal briefs should be filed using ACCESS
\11\ and must be served on interested parties.\12\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has temporarily modified certain of its
[[Page 18552]]
requirements for serving documents containing business proprietary
information, until May 19, 2020, unless extended.\13\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See generally 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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Pursuant to 19 CFR 351.310(c), 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. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS, by
5:00 p.m. Eastern Time 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 (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs.
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 also 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
This administrative review and notice are issued and published 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 27, 2020.
Jeffrey I. Kessler,
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. Product Comparisons
VI. Date of Sale
VII. Treatment of Re-Export Sales
VIII. Export Price/Constructed Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2020-06915 Filed 4-1-20; 8:45 am]
BILLING CODE 3510-DS-P