Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2015-2017, 52804-52805 [2018-22720]

Download as PDF 52804 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–351–842] Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2015–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that certain uncoated paper (uncoated paper) from Brazil is being sold at less than normal value during the period of review (POR), August 27, 2015, through February 28, 2017. DATES: Applicable October 18, 2018. FOR FURTHER INFORMATION CONTACT: Jerry Huang, 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. SUPPLEMENTARY INFORMATION: AGENCY: Background Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties, we have recalculated Suzano’s weighted-average dumping margin and, based on our findings at verification, we have made certain changes to Suzano’s margin calculation. For further discussion, see the Issues and Decision Memorandum. On April 10, 2018, Commerce published the preliminary results of the antidumping duty administrative review on uncoated paper from Brazil.1 The review covers one producer/exporter of the subject merchandise, Suzano Papel e Celulose S.A. (Suzano). For a discussion of events since the Preliminary Results were published, see the accompanying Issues and Decision Memorandum.2 Final Results of the Administrative Review Exporter/producer Weightedaverage margin (percent) Scope of the Order Suzano Papel e Celulose S.A .. 18.80 The product covered by this review is uncoated paper from Brazil. For a full description of the scope, see the Issues and Decision Memorandum dated concurrently with and hereby adopted by this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum.3 A list of the issues that parties raised and to which we responded is attached to this notice as an Appendix. The khammond on DSK30JT082PROD with NOTICES 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 https://access.trade.gov and in the Central Records Unit (CRU), room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/ index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. 1 See Certain Uncoated Paper from Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2015–2017, 83 FR 15368 (April 10, 2018) (Preliminary Results). 2 See Memorandum, ‘‘Certain Uncoated Paper from Brazil: Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review; 2015–2017,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 Id. VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 We determine that the following weighted-average dumping margin exists for the period August 27, 2015 through February 28, 2017. Assessment Rate Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. For entries of subject merchandise during the period of review produced by Suzano 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. 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 upon publication of the notice of final results of this review for all shipments of PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 uncoated paper from Brazil entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for companies subject to this review will be equal to the weighted-average dumping margins established in the final results of the review; (2) for merchandise exported by companies not covered in this review but covered in a prior segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review or the original investigation but the producer is, the cash deposit rate will be the rate established for the most recently completed segment for the producer of the merchandise; (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 lessthan-fair-value investigation.4 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also 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 the Secretary’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (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. 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 11173 (March 3, 2016). E:\FR\FM\18OCN1.SGM 18OCN1 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices Commerce is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: October 9, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties for the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Scope of the Order IV. List of Comments V. Discussion of Comments Comment 1: Treatment of Suzano’s Sales to an U.S. Foreign Trade Zone (FTZ) Comment 2: Treatment of Suzano’s Credit Expenses Comment 3: Treatment of INSS Taxes Comment 4: Suzano’s Liquidation Instructions Comment 5: Programming Issue in Suzano’s Margin Calculation VI. Recommendation [FR Doc. 2018–22720 Filed 10–17–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–096] Aluminum Wire and Cable From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable October 11, 2018. FOR FURTHER INFORMATION CONTACT: Nancy Decker at (202) 482–0196 or Mark Hoadley at (202) 482–3148, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSK30JT082PROD with NOTICES The Petition On September 21, 2018, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) Petition concerning imports of aluminum wire and cable from the People’s Republic of China (China), filed in proper form on behalf of Encore Wire Corporation and Southwire Company, LLC (the petitioners), which are domestic producers of aluminum VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 wire and cable.1 The CVD Petition was accompanied by an antidumping duty (AD) Petition concerning imports of aluminum wire and cable from China. On September 25 and 26, 2018, Commerce requested supplemental information pertaining to certain aspects of the Petition in two separate supplemental questionnaires, one dealing with general issues with the Petition and the other with issues related to Volume III of the Petition (i.e., the CVD allegation).2 The petitioners filed their combined response to the supplemental questionnaires on September 28, 2018.3 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of aluminum wire and cable in China and that imports of such products are materially injuring, or threatening material injury to, the domestic industry producing aluminum wire and cable in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is accompanied by information reasonably available to the petitioners supporting their allegations. Commerce finds that the petitioners filed the Petition on behalf of the domestic industry because the petitioners are an interested party as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support necessary for the initiation of the requested CVD investigation.4 Period of Investigation Because the Petition was filed on September 28, 2018, the period of investigation is January 1, 2017, through December 31, 2017. 1 See letter from the petitioners, ‘‘Aluminum Wire and Cable from China: Antidumping and Countervailing Duty Petitions,’’ dated September 21, 2018 (the Petition). 2 See letters from Commerce, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Aluminum Wire and Cable from the People’s Republic of China: Supplemental Questions’’ (CVD Deficiency Questionnaire), dated September 25, 2018, and ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Aluminum Wire and Cable from the People’s Republic of China: Supplemental Questions’’ (General Issues Deficiency Questionnaire), dated September 26, 2018. 3 See letter from the petitioners, ‘‘Aluminum Wire and Cable from China: Amendment of Petitions and Response to Commerce’s Supplemental Questions’’ dated September 28, 2018 (Petition Supplement). 4 See ‘‘Determination of Industry Support for the Petition’’ section, infra. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 52805 Scope of the Investigation The product covered by this investigation is aluminum wire and cable from China. For a full description of the scope of this investigation, see the Appendix to this notice. Scope Comments During our review of the Petition, Commerce contacted the petitioners regarding the proposed scope language to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.5 As a result of the petitioners’ submission, the scope of the Petition was modified to clarify the description of merchandise covered by the Petition. The description of the merchandise covered by this initiation, as described in the Appendix to this notice, reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).6 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,7 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on October 31, 2018, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on November 13, 2018.8 Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request 5 See Supplemental Questionnaire Response at 7– 8 and Exhibit I (Revised Scope). 6 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 7 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 8 See 19 CFR 351.303(b). Rebuttal comments are normally due 10 days after the comment deadline. In this case, 10 calendar days from the initial comments deadline falls on Saturday, November 10, 2018. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). E:\FR\FM\18OCN1.SGM 18OCN1

Agencies

[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52804-52805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22720]





[[Page 52804]]



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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; 2015-2017



AGENCY: Enforcement and Compliance, International Trade Administration, 

Department of Commerce.



SUMMARY: The Department of Commerce (Commerce) determines that certain 

uncoated paper (uncoated paper) from Brazil is being sold at less than 

normal value during the period of review (POR), August 27, 2015, 

through February 28, 2017.



DATES: Applicable October 18, 2018.



FOR FURTHER INFORMATION CONTACT: Jerry Huang, 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.



SUPPLEMENTARY INFORMATION: 



Background



    On April 10, 2018, Commerce published the preliminary results of 

the antidumping duty administrative review on uncoated paper from 

Brazil.\1\ The review covers one producer/exporter of the subject 

merchandise, Suzano Papel e Celulose S.A. (Suzano). For a discussion of 

events since the Preliminary Results were published, see the 

accompanying Issues and Decision Memorandum.\2\

---------------------------------------------------------------------------



    \1\ See Certain Uncoated Paper from Brazil: Preliminary Results 

of Antidumping Duty Administrative Review; 2015-2017, 83 FR 15368 

(April 10, 2018) (Preliminary Results).

    \2\ See Memorandum, ``Certain Uncoated Paper from Brazil: Issues 

and Decision Memorandum for the Final Results of the Antidumping 

Duty Administrative Review; 2015-2017,'' dated concurrently with, 

and hereby adopted by, this notice (Issues and Decision Memorandum).

---------------------------------------------------------------------------



Scope of the Order



    The product covered by this review is uncoated paper from Brazil. 

For a full description of the scope, see the Issues and Decision 

Memorandum dated concurrently with and hereby adopted by this notice.



Analysis of Comments Received



    All issues raised in the case and rebuttal briefs by parties to 

this administrative review are addressed in the Issues and Decision 

Memorandum.\3\ A list of the issues that parties raised and to which we 

responded 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 https://access.trade.gov and in the Central Records 

Unit (CRU), room B8024 of the main Commerce building. In addition, a 

complete version of the Issues and Decision Memorandum can be accessed 

directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the 

electronic versions of the Issues and Decision Memorandum are identical 

in content.

---------------------------------------------------------------------------



    \3\ Id.

---------------------------------------------------------------------------



Changes Since the Preliminary Results



    Based on a review of the record and comments received from 

interested parties, we have recalculated Suzano's weighted-average 

dumping margin and, based on our findings at verification, we have made 

certain changes to Suzano's margin calculation. For further discussion, 

see the Issues and Decision Memorandum.



Final Results of the Administrative Review



    We determine that the following weighted-average dumping margin 

exists for the period August 27, 2015 through February 28, 2017.



------------------------------------------------------------------------

                                                              Weighted-

                                                               average

                     Exporter/producer                         margin

                                                              (percent)

------------------------------------------------------------------------

Suzano Papel e Celulose S.A...............................        18.80

------------------------------------------------------------------------



Assessment Rate



    Commerce shall determine, and U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties on all appropriate entries 

covered by this review. For entries of subject merchandise during the 

period of review produced by Suzano 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. 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 upon 

publication of the notice of final results of this review for all 

shipments of uncoated paper from Brazil entered, or withdrawn from 

warehouse, for consumption on or after the date of publication as 

provided by section 751(a)(2) of the Act: (1) The cash deposit rate for 

companies subject to this review will be equal to the weighted-average 

dumping margins established in the final results of the review; (2) for 

merchandise exported by companies not covered in this review but 

covered in a prior segment of this proceeding, the cash deposit rate 

will continue to be the company-specific rate published for the most 

recent period; (3) if the exporter is not a firm covered in this review 

or the original investigation but the producer is, the cash deposit 

rate will be the rate established for the most recently completed 

segment for the producer of the merchandise; (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 less-than-fair-value 

investigation.\4\ These cash deposit requirements, when imposed, shall 

remain in effect until further notice.

---------------------------------------------------------------------------



    \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 11173 (March 3, 2016).

---------------------------------------------------------------------------



Notification to Importers



    This notice also 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 the Secretary's presumption that 

reimbursement of antidumping and/or countervailing duties occurred and 

the subsequent assessment of doubled antidumping duties.



Administrative Protective Order



    This notice also serves as a reminder to parties subject to 

administrative protective orders (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.



[[Page 52805]]



    Commerce is issuing and publishing these results in accordance with 

sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).



    Dated: October 9, 2018.

Gary Taverman,

Deputy Assistant Secretary for Antidumping and Countervailing Duty 

Operations, performing the non-exclusive functions and duties for the 

Assistant Secretary for Enforcement and Compliance.



Appendix



List of Topics Discussed in the Final Decision Memorandum



I. Summary

II. Background

III. Scope of the Order

IV. List of Comments

V. Discussion of Comments

    Comment 1: Treatment of Suzano's Sales to an U.S. Foreign Trade 

Zone (FTZ)

    Comment 2: Treatment of Suzano's Credit Expenses

    Comment 3: Treatment of INSS Taxes

    Comment 4: Suzano's Liquidation Instructions

    Comment 5: Programming Issue in Suzano's Margin Calculation

VI. Recommendation



[FR Doc. 2018-22720 Filed 10-17-18; 8:45 am]

 BILLING CODE 3510-DS-P