Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2018-2019, 7254-7255 [2021-01676]

Download as PDF 7254 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices The Department of Commerce (Commerce) determines that certain uncoated paper (uncoated paper) from 27x10R14 ........ 254/65R/14 ...... 73 Brazil was sold in the United States at 28x10R14 ........ 254/70R/14 ...... 75 less than normal value during the 28x10R14 ........ 254/70R/14 ...... 86 30X10R14 ....... 254/80R/14 ...... 79 period of review (POR), March 1, 2018 30x10R15 ........ 254/75R/15 ...... 78 through February 28, 2019. 30x10R14 ........ 254/80R/14 ...... 90 DATES: Applicable January 27, 2021. 31x10R14 ........ 254/85R/14 ...... 81 FOR FURTHER INFORMATION CONTACT: 32x10R14 ........ 254/90R/14 ...... 95 32x10R15 ........ 254/85R/15 ...... 83 Justin Neuman or Jerry Huang, AD/CVD 32x10R15 ........ 254/85R/15 ...... 94 Operations, Office V, Enforcement and 33x10R15 ........ 254/90R/15 ...... 86 Compliance, International Trade 33x10R15 ........ 254/90R/15 ...... 95 Administration, Department of 35x9.50R15 ..... 241/105R/15 .... 82 Commerce, 1401 Constitution Avenue 35x10R15 ........ 254/100R/15 .... 97 NW, Washington, DC 20230; telephone: (202) 482–0486 and (202) 482–4047, The products covered by these respectively. investigations are currently classified under American standard size Load index Metric size the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.60, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60. While HTSUS subheadings are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. [FR Doc. 2021–01789 Filed 1–26–21; 8:45 am] BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: 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 https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn//. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Background Changes Since the Preliminary Results On April 2, 2020, Commerce published the Preliminary Results.1 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.2 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.3 Commerce extended the deadline for the final results further by 60 days on November 9, 2020.4 The deadline for the final results of this review is now January 19, 2021. For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.5 Based on our review of the record and comments received from interested parties, we made the following changes to the Preliminary Results: • We adjusted the programming language for Suzano Papel e Celulose S.A. (Suzano) using a corrected manufacturer code.6 • We included certain sales by International Paper do Brasil Ltda./ International Paper Exportadora Ltda. (collectively, International Paper) to a downstream customer located in a free trade zone in the margin calculation.7 • We adjusted the programming language for International Paper to eliminate the double counting of certain taxes deducted from home market gross unit price.8 SUMMARY: Scope of the Order DEPARTMENT OF COMMERCE International Trade Administration [A–351–842] Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The products covered by this order are certain uncoated paper products from Brazil. For a full description of the scope, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised and Final Results of Review Commerce determines that the following weighted-average dumping margin exists for the period of March 1, 2018 through February 28, 2019: Weightedaverage dumping margin (percent) Exporter/producer khammond on DSKJM1Z7X2PROD with NOTICES Suzano Papel e Celulose S.A ............................................................................................................................................................. International Paper do Brasil Ltda. and International Paper Exportadora Ltda .................................................................................. 1 See Certain Uncoated Paper from Brazil: Preliminary Results of Administrative Review of the Antidumping Duty Order; 2018–2019, 85 FR 18550 (April 2, 2020) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. VerDate Sep<11>2014 17:04 Jan 26, 2021 Jkt 253001 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 4 See Memorandum, ‘‘Certain Uncoated Paper from Brazil: Extension of Deadline for Final Results of Antidumping Duty Administrative Review, 2018–2019,’’ dated November 9, 2020. 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2018– PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 32.31 20.80 2019 Administrative Review of the Antidumping Duty Order on Certain Uncoated Paper from Brazil,’’ dated concurrently with and hereby adopted by, this notice (Issues and Decision Memorandum). 6 See Issues and Decision Memorandum at Comment 2. 7 Id. at Comment 3. 8 Id. at Comment 4. E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices Assessment Rates khammond on DSKJM1Z7X2PROD with NOTICES Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b)(1), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. Because International Paper’s and Suzano’s weighted-average dumping margins are not zero or de minimis (i.e., less than 0.5 percent), Commerce has calculated importer-specific antidumping duty assessment rates. International Paper did not report actual entered value for all of its U.S. sales; therefore, we calculated importerspecific per-unit duty assessment rates by aggregating the total amount of antidumping duties calculated for the examined sales and dividing this amount by the total quantity of those sales. Because Suzano reported the entered value of its U.S. sales, we calculated importer-specific ad valorem duty 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 either the respondent’s weightedaverage dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or 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 entries of subject merchandise during the period of review produced by International Paper or 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.9 Consistent with its recent notice,10 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 9 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 10 See Notice of Discontinuation of Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 15, 2021). VerDate Sep<11>2014 17:04 Jan 26, 2021 Jkt 253001 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 each specific company listed above will be that established in the final results of this review; (2) for merchandise exported by producers or exporters not covered in this administrative 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; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fairvalue (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 26.95 percent, the all-others rate established in the LTFV investigation.11 These deposit requirements, when imposed, shall remain in effect until further notice. 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 the 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. Administrative Protective Order This notice also serves as a final 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 11 See Certain Uncoated Paper from Brazil: Final Determination of Sales at Less Than Fair Value, 81 FR 3115 (January 20, 2016). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 7255 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) of the Act. Dated: January 19, 2021. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Calculation for Suzano’s Financial Expenses Comment 2: Programming Issue in Suzano’s Margin Calculation Comment 3: Treatment of International Paper’s FTZ Sales Comment 4: Programming Issue in International Paper’s Margin Calculation VI. Recommendation [FR Doc. 2021–01676 Filed 1–26–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; EU-U.S. Privacy Shield; Invitation for Applications for Inclusion on the List of Arbitrators The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. Public comments were previously requested via the Federal Register on November 24, 2020, during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: International Trade Administration. E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7254-7255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01676]


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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; 2018-2019

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 was sold in the United 
States at less than normal value during the period of review (POR), 
March 1, 2018 through February 28, 2019.

DATES: Applicable January 27, 2021.

FOR FURTHER INFORMATION CONTACT: Justin Neuman or Jerry Huang, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-0486 and (202) 482-4047, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 2, 2020, Commerce published the Preliminary Results.\1\ On 
April 24, 2020, Commerce tolled all deadlines in administrative reviews 
by 50 days.\2\ On July 21, 2020, Commerce tolled all deadlines in 
administrative reviews by an additional 60 days.\3\ Commerce extended 
the deadline for the final results further by 60 days on November 9, 
2020.\4\ The deadline for the final results of this review is now 
January 19, 2021. For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\5\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper from Brazil: Preliminary Results 
of Administrative Review of the Antidumping Duty Order; 2018-2019, 
85 FR 18550 (April 2, 2020) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \4\ See Memorandum, ``Certain Uncoated Paper from Brazil: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review, 2018-2019,'' dated November 9, 2020.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Certain Uncoated Paper from Brazil,'' 
dated concurrently with and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

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 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://enforcement.trade.gov/frn//. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we made the following changes to the Preliminary 
Results:
     We adjusted the programming language for Suzano Papel e 
Celulose S.A. (Suzano) using a corrected manufacturer code.\6\
---------------------------------------------------------------------------

    \6\ See Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

     We included certain sales by International Paper do Brasil 
Ltda./International Paper Exportadora Ltda. (collectively, 
International Paper) to a downstream customer located in a free trade 
zone in the margin calculation.\7\
---------------------------------------------------------------------------

    \7\ Id. at Comment 3.
---------------------------------------------------------------------------

     We adjusted the programming language for International 
Paper to eliminate the double counting of certain taxes deducted from 
home market gross unit price.\8\
---------------------------------------------------------------------------

    \8\ Id. at Comment 4.
---------------------------------------------------------------------------

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period of March 1, 2018 through February 28, 
2019:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Suzano Papel e Celulose S.A.............................           32.31
International Paper do Brasil Ltda. and International              20.80
 Paper Exportadora Ltda.................................
------------------------------------------------------------------------


[[Page 7255]]

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.
    Because International Paper's and Suzano's weighted-average dumping 
margins are not zero or de minimis (i.e., less than 0.5 percent), 
Commerce has calculated importer-specific antidumping duty assessment 
rates. International Paper did not report actual entered value for all 
of its U.S. sales; therefore, we calculated importer-specific per-unit 
duty assessment rates by aggregating the total amount of antidumping 
duties calculated for the examined sales and dividing this amount by 
the total quantity of those sales. Because Suzano reported the entered 
value of its U.S. sales, we calculated importer-specific ad valorem 
duty 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 either the respondent's weighted-average dumping margin is 
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or 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 entries of subject merchandise during the period of review 
produced by International Paper or 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.\9\
---------------------------------------------------------------------------

    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Consistent with its recent notice,\10\ 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).
---------------------------------------------------------------------------

    \10\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
---------------------------------------------------------------------------

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 each specific 
company listed above will be that established in the final results of 
this review; (2) for merchandise exported by producers or exporters not 
covered in this administrative 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; (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 26.95 percent, the all-others rate established in the 
LTFV investigation.\11\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ See Certain Uncoated Paper from Brazil: Final Determination 
of Sales at Less Than Fair Value, 81 FR 3115 (January 20, 2016).
---------------------------------------------------------------------------

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 the 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.

Administrative Protective Order

    This notice also serves as a final 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) of the Act.

    Dated: January 19, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Calculation for Suzano's Financial Expenses
    Comment 2: Programming Issue in Suzano's Margin Calculation
    Comment 3: Treatment of International Paper's FTZ Sales
    Comment 4: Programming Issue in International Paper's Margin 
Calculation
VI. Recommendation

[FR Doc. 2021-01676 Filed 1-26-21; 8:45 am]
BILLING CODE 3510-DS-P