Certain Uncoated Paper From Brazil: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Successor-in-Interest Determination; 2019-2020, 30000-30002 [2021-11787]
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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
All Others .....................................................................................................................................................................................
5.76
Italy
WBO Italcables Societa Cooperativa ..........................................................................................................................................
CB Trafilati Acciai S.p.A ..............................................................................................................................................................
All Others .....................................................................................................................................................................................
3.59
19.26
3.59
Malaysia
Kiswire Sdn. Bhd .........................................................................................................................................................................
Southern PC Steel Sdn. Bhd .......................................................................................................................................................
Wei Dat Steel Wire Sdn. Bhd ......................................................................................................................................................
All Others .....................................................................................................................................................................................
3.94
26.95
6.42
5.13
South Africa
Scaw Metals Group .....................................................................................................................................................................
All Others .....................................................................................................................................................................................
155.10
155.10
Spain
Global Special Steel Products S.A.U. (d.b.a. Trenzas y Cables de Acero PSC, S.L. (TYCSA)) ..............................................
All Others .....................................................................................................................................................................................
14.75
14.75
Tunisia
Maklada Industries and Maklada SA ...........................................................................................................................................
All Others .....................................................................................................................................................................................
30.58
30.58
Ukraine
PJSC PA Stalkanat-Silur .............................................................................................................................................................
All Others .....................................................................................................................................................................................
Notification to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
PC strand from Indonesia, Italy,
Malaysia, South Africa, Spain, Tunisia,
and Ukraine pursuant to section 736(a)
of the Act. Interested parties can find a
list of antidumping duty orders
currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These antidumping duty orders are
published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
made from galvanized wire is only excluded
from the scope if the zinc and/or zinc oxide
coating meets or exceeds the 0.40 oz./ft2
standard set forth in ASTM–A–475.
The PC strand subject to these orders are
currently classifiable under subheadings
7312.10.3010 and 7312.10.3012 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of these orders is
dispositive.
19.30
19.30
sales of certain uncoated paper
(uncoated paper) from Brazil were made
at less than normal value during the
period of review (POR) March 1, 2019,
through February 29, 2020. We invite
interested parties to comment on these
preliminary results.
DATES:
Applicable June 4, 2021.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
Christopher Maciuba, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0413.
International Trade Administration
SUPPLEMENTARY INFORMATION:
Appendix—Scope of the Orders
[A–351–842]
Background
The products covered by these orders are
prestressed concrete steel wire strand (PC
strand), produced from wire of non-stainless,
non-galvanized steel, which is suitable for
use in prestressed concrete (both
pretensioned and post-tensioned)
applications. The product definition
encompasses covered and uncovered strand
and all types, grades, and diameters of PC
strand. PC strand is normally sold in the
United States in sizes ranging from 0.25
inches to 0.70 inches in diameter. PC strand
Certain Uncoated Paper From Brazil:
Preliminary Results of the
Antidumping Duty Administrative
Review and Preliminary Successor-inInterest Determination; 2019–2020
On May 6, 2020, 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 one producer/exporter of subject
Dated: May 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
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[FR Doc. 2021–11760 Filed 6–3–21; 8:45 am]
BILLING CODE 3510–DS–P
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
AGENCY:
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1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
26931 (May 6, 2020) (Initiation Notice).
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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices
merchandise: Suzano S.A. (Suzano).2
For details regarding of the events that
occurred subsequent to the initiation of
this review, see the Preliminary
Decision Memorandum.3
On July 21, 2020, Commerce
exercised its discretion to toll
administrative review deadlines by 60
days.4 In addition, pursuant to section
751(a)(3)(A) of the Act, Commerce
determined it was not practicable to
complete the preliminary results of this
review within the 245 days and
extended the deadline for these
preliminary results until May 28, 2021.5
Scope of the Order 6
The products covered by the Order
are certain uncoated paper products
from Brazil. For a full description of the
scope, see the Preliminary Decision
Memorandum.7
Preliminary Results of Successor-inInterest Analysis
Suzano reported that, during the POR,
it changed its name from Suzano Papel
e Celulose S.A. to Suzano S.A. Based on
our analysis of the information on the
record regarding any changes with
respect to corporate structure,
manufacturing facilities, customers, and
suppliers, we preliminarily determine
that Suzano S.A. is the successor-ininterest to Suzano Papel e Celulose S.A.,
and, as a result, should be accorded the
same treatment previously accorded to
Suzano Papel e Celulose S.A. See the
Preliminary Decision Memorandum.
2 On August 17, 2020, we rescinded this review
with respect to: International Paper do Brasil Ltda.
and International Paper Exportadora Ltda. See
Certain Uncoated Paper from Brazil: Partial
Rescission of Antidumping Duty Administrative
Review; 2019–2020, 85 FR 50008 (August 17, 2020).
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).
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
5 See Memorandum, ‘‘Certain Uncoated Paper
from Brazil: Extension of Deadline for Preliminary
Results of 2019–2020 Antidumping Duty
Administrative Review,’’ dated January 8, 2021.
6 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) (Order).
7 On January 27, 2021, Commerce preliminarily
found that rolls of certain uncoated paper from
Brazil were being further processed in the United
States into individual sheets of uncoated paper that
would be subject to the Order. Commerce intends
to make a final finding as to whether these uncoated
paper rolls are within the scope of this proceeding
prior to the issuance of the final results of this
administrative review. For further details, see the
Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review
in accordance with sections 751(a) of
the Act. We calculated export price and
constructed export price in accordance
with section 772 of the Act. We
calculated NV in accordance with
section 773 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. In addition, a
complete version of the Preliminary
Decision Memorandum is available at
https://enforcement.trade.gov/frn.
Preliminary Results of the Review
We preliminarily determine the
following weighted-average dumping
margin exists for the period March 1,
2019, through February 29, 2020:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Suzano S.A .................................
19.40
Assessment Rates
Upon completion of the final results
of this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. If 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 importerspecific assessment rate calculated in
the final results of this review is not
zero or de minimis. If Suzano’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
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30001
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.8
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Suzano for which
the company 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 established in the original less-thanfair value (LTFV) investigation (i.e.,
27.11 percent) 9 if there is no rate for the
intermediate company(ies) involved in
the transaction.10
Consistent with its recent notice,11
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 finals results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for 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, except if the rate
is less than 0.50 percent and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
merchandise exported by producers or
exporters not covered in this review, but
covered in a prior segment of the
proceeding, then the cash deposit rate
will be the company-specific rate
published for the most recentlycompleted segment in which they were
reviewed; (3) if the exporter is not a firm
covered in this review or the original
8 See
section 751(a)(2)(C) of the Act.
Order.
10 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
11 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 884 (January 15,
2021).
9 See
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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices
LTFV 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,12 the all-others rate
established in the LTFV investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.13 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.14 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.15 Case and rebuttal
briefs should be filed using ACCESS 16
and must be served on interested
parties.17 Executive summaries should
be limited to five pages total, including
footnotes. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.18
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.19
Requests should contain the party’s
name, address, and telephone number,
the number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs.20 If a request for a
hearing is made, Commerce intends to
12 See
Order, 81 FR at 11176.
19 CFR 351.224(b).
14 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See generally 19 CFR 351.303.
17 See 19 CFR 351.303(f).
18 See Temporary Rule.
19 See 19 CFR 351.310(c).
20 See 19 CFR 351.310.
13 See
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Jkt 253001
hold the hearing at a time and date to
be determined. Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
DEPARTMENT OF COMMERCE
Final Results of Review
AGENCY:
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: May 28, 2021.
Christian Marsh,
Acting 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. Preliminary Successor-in-Interest
Determination
V. Duty Absorption
VI. Discussion of the Methodology
VII. Product Comparisons
VIII. Date of Sale
IX. Treatment of Re-Export Sales
X. Export Price/Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2021–11787 Filed 6–3–21; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
[A–471–807]
Certain Uncoated Paper From
Portugal: Preliminary Results of the
Administrative Review of the
Antidumping Duty Order; 2019–2020
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 Portugal were
made at less than normal value during
the period of review (POR) March 1,
2019, through February 29, 2020. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable June 4, 2021.
FOR FURTHER INFORMATION CONTACT: Eric
Hawkins, 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) 482–1988.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2020, Commerce initiated
an administrative review of the
antidumping duty order on uncoated
paper from Portugal, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act).1 This review
covers one producer/exporter of subject
merchandise, The Navigator Company,
S.A. (Navigator).2 For details regarding
the events that occurred subsequent to
the initiation of the review, see the
Preliminary Decision Memorandum.3
On July 21, 2020, Commerce
exercised its discretion to toll
administrative review deadlines by 60
days.4 In addition, pursuant to section
751(a)(3)(A) of the Act, Commerce
determined that it was not practicable to
complete the preliminary results of this
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
26931 (May 6, 2020) (Initiation Notice).
2 Id., 85 FR at 26933. In the Initiation Notice,
Commerce inadvertently referred to Navigator as
‘‘Navigator Company, S.A’’ instead of its correct
name of ‘‘The Navigator Company, S.A.’’
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Uncoated Paper from Portugal; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020. All
deadlines in this proceeding have been extended by
60 days.
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Agencies
[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Pages 30000-30002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11787]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842]
Certain Uncoated Paper From Brazil: Preliminary Results of the
Antidumping Duty Administrative Review and Preliminary Successor-in-
Interest Determination; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
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,
2019, through February 29, 2020. We invite interested parties to
comment on these preliminary results.
DATES: Applicable June 4, 2021.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2020, 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 one producer/exporter of subject
[[Page 30001]]
merchandise: Suzano S.A. (Suzano).\2\ For details regarding of the
events that occurred subsequent to the initiation of this review, see
the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 26931 (May 6, 2020) (Initiation
Notice).
\2\ On August 17, 2020, we rescinded this review with respect
to: International Paper do Brasil Ltda. and International Paper
Exportadora Ltda. See Certain Uncoated Paper from Brazil: Partial
Rescission of Antidumping Duty Administrative Review; 2019-2020, 85
FR 50008 (August 17, 2020).
\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).
---------------------------------------------------------------------------
On July 21, 2020, Commerce exercised its discretion to toll
administrative review deadlines by 60 days.\4\ In addition, pursuant to
section 751(a)(3)(A) of the Act, Commerce determined it was not
practicable to complete the preliminary results of this review within
the 245 days and extended the deadline for these preliminary results
until May 28, 2021.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\5\ See Memorandum, ``Certain Uncoated Paper from Brazil:
Extension of Deadline for Preliminary Results of 2019-2020
Antidumping Duty Administrative Review,'' dated January 8, 2021.
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ 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)
(Order).
---------------------------------------------------------------------------
The products covered by the Order are certain uncoated paper
products from Brazil. For a full description of the scope, see the
Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ On January 27, 2021, Commerce preliminarily found that rolls
of certain uncoated paper from Brazil were being further processed
in the United States into individual sheets of uncoated paper that
would be subject to the Order. Commerce intends to make a final
finding as to whether these uncoated paper rolls are within the
scope of this proceeding prior to the issuance of the final results
of this administrative review. For further details, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Preliminary Results of Successor-in-Interest Analysis
Suzano reported that, during the POR, it changed its name from
Suzano Papel e Celulose S.A. to Suzano S.A. Based on our analysis of
the information on the record regarding any changes with respect to
corporate structure, manufacturing facilities, customers, and
suppliers, we preliminarily determine that Suzano S.A. is the
successor-in-interest to Suzano Papel e Celulose S.A., and, as a
result, should be accorded the same treatment previously accorded to
Suzano Papel e Celulose S.A. See the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a) of the Act. We calculated export price and constructed export
price in accordance with section 772 of the Act. We calculated NV in
accordance with section 773 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. In
addition, a complete version of the Preliminary Decision Memorandum is
available at https://enforcement.trade.gov/frn.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margin exists for the period March 1, 2019, through February 29, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Suzano S.A................................................. 19.40
------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries. If
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 Suzano'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.\8\
---------------------------------------------------------------------------
\8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Suzano
for which the company 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 established in the original less-than-fair value
(LTFV) investigation (i.e., 27.11 percent) \9\ if there is no rate for
the intermediate company(ies) involved in the transaction.\10\
---------------------------------------------------------------------------
\9\ See Order.
\10\ 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,\11\ 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).
---------------------------------------------------------------------------
\11\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (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
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for 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,
except if the rate is less than 0.50 percent and, therefore, de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for merchandise exported by producers or
exporters not covered in this review, but covered in a prior segment of
the proceeding, then the cash deposit rate will be the company-specific
rate published for the most recently-completed segment in which they
were reviewed; (3) if the exporter is not a firm covered in this review
or the original
[[Page 30002]]
LTFV 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,\12\ the all-others rate established in the LTFV investigation.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\12\ See Order, 81 FR at 11176.
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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.\13\
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.\14\ 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.\15\ Case and rebuttal briefs should be filed using ACCESS
\16\ and must be served on interested parties.\17\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
\18\ See Temporary Rule.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\19\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\20\ 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 the date and time of the hearing two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310.
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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: May 28, 2021.
Christian Marsh,
Acting 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. Preliminary Successor-in-Interest Determination
V. Duty Absorption
VI. Discussion of the Methodology
VII. Product Comparisons
VIII. Date of Sale
IX. Treatment of Re-Export Sales
X. Export Price/Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2021-11787 Filed 6-3-21; 8:45 am]
BILLING CODE 3510-DS-P