Certain Uncoated Paper From Portugal: Final Results of Antidumping Duty Administrative Review; 2018-2019, 7269-7270 [2021-01677]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices
this certification were imported by {NAME
OF IMPORTING COMPANY} on behalf of
{NAME OF U.S. CUSTOMER}, located at
{ADDRESS OF U.S. CUSTOMER}.
(D) The imported subject-paper rolls
covered by this certification were shipped to
{NAME OF PARTY TO WHOM
MERCHANDISE WAS FIRST SHIPPED IN
THE UNITED STATES}, located at
{ADDRESS OF SHIPMENT}.
(E) Select appropriate statement below:
lI have direct personal knowledge of the
facts regarding the end use of the imported
product because my company is the end user
of the imported product covered by this
certification and I certify that the imported
subject-paper rolls will not be used to
produce subject merchandise. ‘‘Direct
personal knowledge’’ includes information
contained within my company’s books and
records.
__I have personal knowledge of the facts
regarding the end use of the imported
product because my company is not the end
user of the imported product covered by this
certification. However, I have been able to
contact the end user of the imported product
and confirm that it will not use this product
to produce subject merchandise. The end
user of the imported product is {COMPANY
NAME} located at {ADDRESS}. ‘‘Personal
knowledge’’ includes facts obtained from
another party (e.g., correspondence received
by the importer from the end user of the
product).
(F) The imported subject-paper rolls
covered by this certification will not be
further processed into uncoated paper sheets
in the United States, and will not be sold to
Advanced Paper Enterprises, Inc., Alliance
Converting LLC, Case Paper Company Inc.,
LinkMax Paper, Midwest Converting,
Mohawk Fine Papers Inc., or Northwoods
Paper Converting. (Note: For certifications
related to entries made on or after January 19,
2021, and through 14 days after the
publication of the Preliminary
Determinations, the importer should replace
‘‘will not be further processed’’ with ‘‘were
not further processed’’ in the certification, as
necessary).
(G) This certification applies to the
following entries (repeat this block as many
times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller’s Address:
Foreign Seller’s Invoice #:
Foreign Seller’s Invoice Line Item #:
Producer:
Producer’s Address:
(H) I understand that {NAME OF
IMPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
mill certificates, production records,
invoices, etc.) for the later of: (1) A period of
five years from the date of entry; or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries.
(I) I understand that {NAME OF
IMPORTING COMPANY} is required to
VerDate Sep<11>2014
17:04 Jan 26, 2021
Jkt 253001
provide this certification and supporting
records to U.S. Customs and Border
Protection (CBP) and/or the Department of
Commerce (Commerce), upon request by the
respective agency.
(J) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(K) I understand that failure to maintain
the required certifications, and/or failure to
substantiate the claims made herein, and/or
failure to allow CBP and/or Commerce to
verify the claims made herein, may result in
a de facto determination that all entries to
which this certification applies are within
the scope of the antidumping/countervailing
duty orders on certain uncoated paper from
Indonesia. I understand that such finding
will result in:
(i) Suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the requirement that the importer post
applicable antidumping duty and/or
countervailing duty cash deposits (as
appropriate) equal to the rates determined by
Commerce; and
(iii) the revocation of {NAME OF
IMPORTING COMPANY}’s privilege to
certify future imports of subject-paper rolls
from Indonesia as not being imported for
purposes of further processing into the
United States into uncoated paper sheets.
(L) I understand that agents of the
importer, such as brokers, are not permitted
to make this certification. Where a broker or
other party was used to facilitate the entry
process, {NAME OF IMPORTING
COMPANY} obtained the entry summary
number and date of entry summary from that
party.
(M) This certification was completed at or
prior to the date of entry summary.
(N) I am aware that U.S. law (including,
but not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE}
7269
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:
Robert Scully, 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) 482–0572.
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
October 23, 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
Scope of the Order
The products covered by this order
are certain uncoated paper products
from Portugal. 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
[FR Doc. 2021–01785 Filed 1–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–471–807]
Certain Uncoated Paper From
Portugal: Final Results of Antidumping
Duty Administrative Review; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
uncoated paper (uncoated paper) from
Portugal was sold in the United States
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
1 See Certain Uncoated Paper from Portugal:
Preliminary Results of the Administrative Review of
the Antidumping Duty Order; 2018–2019, 85 FR
18554 (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 Portugal: Extension of Deadline for Final
Results of Antidumping Duty Administrative
Review, 2018–2019,’’ dated October 23, 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
Portugal,’’ dated concurrently with and hereby
adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\27JAN1.SGM
27JAN1
7270
Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices
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 a review of the record and
comments received from interested
parties, we made the following changes
to the Preliminary Results:
• We recalculated the amount of
certain post-sale price adjustments
reported for The Navigator Company,
S.A.’s (Navigator’s) home market sales.6
• We also recalculated certain
adjustments to Navigator’s costs.7
Final Results of the Review
Commerce determines that the
following weighted-average dumping
margin exists for the period March 1,
2018 through February 28, 2019:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
The Navigator Company, S.A
6.75
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rate
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 Navigator’s weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent),
Commerce has calculated importerspecific antidumping duty assessment
rates. We calculated importer-specific
antidumping duty assessment rates by
aggregating the total amount of dumping
calculated for the examined sales of
each importer and dividing each of
these amounts by the total sales value
associated with those 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
6 See Issues and Decision Memorandum at
Comment 2.
7 Id. at Comment 4.
VerDate Sep<11>2014
17:04 Jan 26, 2021
Jkt 253001
appropriate entries without regard to
antidumping duties.
For entries of subject merchandise
during the period of review produced by
Navigator for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.8
Consistent with its recent notice,9
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 rate for Navigator will
be the rate established in the final
results of this administrative 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 7.80
percent, the all-others rate established
in the LTFV investigation.10 These cash
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
9 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).
10 See Certain Uncoated Paper from Portugal:
Final Determination of Sales at Less than Fair
Value and Final Negative Determination of Critical
Circumstances, 81 FR 3105 (January 20, 2016).
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
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 this POR. Failure to comply with
this requirement could result in the
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 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)(1) of the Act, and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(1).
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: Whether Commerce Should
Use an Alternative Market Price for
Calculating the Cost of Pulp
Comment 2: Whether and How To Cap
‘‘Bonus’’ Rebates
Comment 3: Whether Commerce Should
Grant Navigator a Constructed Export
Price (CEP) Offset
Comment 4: Whether Commerce Made
Ministerial Errors Affecting the
Reclassification of Certain Costs
VI. Recommendation
[FR Doc. 2021–01677 Filed 1–26–21; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\27JAN1.SGM
27JAN1
]]>Agencies
[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7269-7270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01677]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-471-807]
Certain Uncoated Paper From Portugal: 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 Portugal 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: Robert Scully, 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) 482-0572.
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 October 23,
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 Portugal: Preliminary
Results of the Administrative Review of the Antidumping Duty Order;
2018-2019, 85 FR 18554 (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 Portugal:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review, 2018-2019,'' dated October 23, 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 Portugal,''
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 Portugal. 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
[[Page 7270]]
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 a review of the record and comments received from
interested parties, we made the following changes to the Preliminary
Results:
We recalculated the amount of certain post-sale price
adjustments reported for The Navigator Company, S.A.'s (Navigator's)
home market sales.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------
We also recalculated certain adjustments to Navigator's
costs.\7\
---------------------------------------------------------------------------
\7\ Id. at Comment 4.
---------------------------------------------------------------------------
Final Results of the Review
Commerce determines that the following weighted-average dumping
margin exists for the period March 1, 2018 through February 28, 2019:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
The Navigator Company, S.A............................. 6.75
------------------------------------------------------------------------
Assessment Rate
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 Navigator's weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.5 percent), Commerce has calculated
importer-specific antidumping duty assessment rates. We calculated
importer-specific antidumping duty assessment rates by aggregating the
total amount of dumping calculated for the examined sales of each
importer and dividing each of these amounts by the total sales value
associated with those 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 Navigator for which it did not know its 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.\8\
---------------------------------------------------------------------------
\8\ 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,\9\ 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).
---------------------------------------------------------------------------
\9\ 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 Navigator will
be the rate established in the final results of this administrative
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 7.80 percent, the all-others rate established in the
LTFV investigation.\10\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
---------------------------------------------------------------------------
\10\ See Certain Uncoated Paper from Portugal: Final
Determination of Sales at Less than Fair Value and Final Negative
Determination of Critical Circumstances, 81 FR 3105 (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 this POR. Failure to comply with this
requirement could result in the 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 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)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(1).
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: Whether Commerce Should Use an Alternative Market
Price for Calculating the Cost of Pulp
Comment 2: Whether and How To Cap ``Bonus'' Rebates
Comment 3: Whether Commerce Should Grant Navigator a Constructed
Export Price (CEP) Offset
Comment 4: Whether Commerce Made Ministerial Errors Affecting
the Reclassification of Certain Costs
VI. Recommendation
[FR Doc. 2021-01677 Filed 1-26-21; 8:45 am]
BILLING CODE 3510-DS-P
