Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2019-2020, 55820-55821 [2021-21902]

Download as PDF 55820 Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Notices Preliminary Results, each party subsequently withdrew its comments, leaving no arguments on the record to address. Accordingly, no party has commented on the Preliminary Results and the final results remain unchanged from the Preliminary Results. Commerce conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: October 1, 2021. Scot Fullerton, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–21900 Filed 10–6–21; 8:45 am] BILLING CODE 3510–DS–P Scope of the Order 5 DEPARTMENT OF COMMERCE International Trade Administration [A–351–842] Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2019–2020 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, 2019, through February 29, 2020. DATES: Applicable October 7, 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: AGENCY: lotter on DSK11XQN23PROD with NOTICES1 Background On June 4, 2021, Commerce published the Preliminary Results.1 We invited interested parties to comment on the Preliminary Results.2 This review covers one respondent: Suzano S.A. (Suzano).3 Although the petitioners 4 and Suzano both submitted comments on the 1 See Certain Uncoated Paper from Brazil: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Successorin-Interest Determination; 2019–2020, 86 FR 30000 (June 4, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Preliminary Results, 86 FR at 30002. 3 In the Preliminary Results, we determined that Suzano S.A. is the successor-in-interest to Suzano Papel e Celulose S.A. We did not receive comments from interested parties related to this finding. Accordingly, we continue to determine that it is the successor-in-interest. For additional information on Commerce’s analysis regarding the successor-ininterest finding. See Preliminary Results PDM at 4. 4 The petitioners for this case are Domtar Corporation; P.H. Glatfelter Company; Packaging Corporation of America; and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC. VerDate Sep<11>2014 17:46 Oct 06, 2021 Jkt 256001 The merchandise covered by the Order includes uncoated paper in sheet form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level 6 of 85 or higher, or is a colored paper; whether or not surface-decorated, printed (except as described below), embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions (Certain Uncoated Paper). Certain Uncoated Paper includes: (a) Uncoated free sheet paper that meets this scope definition; (b) uncoated ground wood paper produces from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this scope definition; and (c) any other uncoated paper that meets this scope definition regardless of the type of pulp used to produce the paper. Specifically excluded from the scope are: (1) Paper printed with final content of printed text or graphics; and (2) lined paper products, typically school supplies, composed of paper that incorporates straight horizontal and/or vertical lines that would make the paper unsuitable for copying or printing purposes. For purposes of this scope definition, paper shall be considered ‘‘printed with final content’’ where at least one side of the sheet has printed text and/or graphics that cover at least five percent of the surface area of the entire sheet. On September 1, 2017, Commerce determined that imports of uncoated 5 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). 6 One of the key measurements of any grade of paper is brightness. Generally speaking, the brighter the paper the better the contrast between the paper and the ink. Brightness is measured using a GE Reflectance Scale, which measures the reflection of light off a grade of paper. One is the lowest reflection, or what would be given to a totally black grade, and 100 is the brightest measured grade. ‘‘Colored paper’’ as used in this scope definition means a paper with a hue other than white that reflects one of the primary colors of magenta, yellow, and cyan (red, yellow, and blue) or a combination of such primary colors. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 paper with a GE brightness of 83 +/– 1% (83 Bright paper), otherwise meeting the description of in-scope merchandise, constitute merchandise ‘‘altered in form or appearance in minor respects’’ from in-scope merchandise that are subject to the Order.7 Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of subject merchandise may also be classified under 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 and 4811.90.9080.8 While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the Order is dispositive. Final Results of the Review We determine that the following weighted-average dumping margin exists for the respondent for the POR, March 1, 2019, through February 29, 2020: Exporter/producer Suzano S.A ................................. Weightedaverage dumping margin (percent) 19.40 7 See Certain Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 82 FR 41610 (September 1, 2017). 8 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. The uncoated paper rolls covered by the preliminary finding are converted into sheets of uncoated paper using specialized cutting machinery prior to printing, and are typically, but not exclusively, between 52 and 103 inches wide and 50 inches in diameter. These certain uncoated paper rolls are classified under HTSUS subheading 4802.55. See Certain Uncoated Paper from Brazil: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order for Uncoated Paper Rolls, 86 FR 7261 (January 27, 2021). Commerce intends to make a final finding as to whether these uncoated paper rolls are within the scope of the Order after the issuance of the final results of this administrative review. Any entries of merchandise subject to the circumvention inquiry made during the POR will remain suspended until the conclusion of the circumvention proceeding. E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Notices Disclosure As noted above, there are no comments on the record regarding Commerce’s Preliminary Results to be addressed here. As a result, we have not modified our analysis from the Preliminary Results, and we will not issue a decision memorandum to accompany this Federal Register notice. We are adopting the Preliminary Results as the final results of this review. Further, because we have not changed our calculations since the Preliminary Results, there are no new calculations to disclose, in accordance with 19 CFR 351.224(b), for these final results. Assessment Rates Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. We will calculate importer-specific ad valorem assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). 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). lotter on DSK11XQN23PROD with NOTICES1 Cash Deposit Requirements The following cash deposit requirements for estimated antidumping duties will be effective for all shipments of 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 Suzano will be equal to its weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by a producer or exporter not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the companyspecific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair- VerDate Sep<11>2014 17:46 Oct 06, 2021 Jkt 256001 value (LTFV) investigation, but the producer has been covered in a prior completed segment of this proceeding, the cash deposit rate will be the company-specific rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 27.11 percent,9 the all-others rate established in the LTFV investigation. 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 review period. 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 reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with section 751(a)(1) and 777(i) of the Act. Dated: October 1, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–21902 Filed 10–6–21; 8:45 am] BILLING CODE 3510–DS–P 9 See PO 00000 Order. Frm 00023 Fmt 4703 Sfmt 4703 55821 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB404] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of Letters of Authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS’ MMPA Regulations for Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, notification is hereby given that three Letters of Authorization (LOA) have been issued to bp Exploration & Production Inc. (bp) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. DATES: The LOAs are effective from January 1, 2022, through December 31, 2022. ADDRESSES: The LOAs, LOA requests, and supporting documentation are available online at: www.fisheries.noaa.gov/action/ incidental-take-authorization-oil-andgas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems accessing these documents, please call the contact listed below (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: SUMMARY: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Notices]
[Pages 55820-55821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21902]


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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; 2019-2020

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, 2019, through February 29, 2020.

DATES: Applicable October 7, 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 June 4, 2021, Commerce published the Preliminary Results.\1\ We 
invited interested parties to comment on the Preliminary Results.\2\ 
This review covers one respondent: Suzano S.A. (Suzano).\3\ Although 
the petitioners \4\ and Suzano both submitted comments on the 
Preliminary Results, each party subsequently withdrew its comments, 
leaving no arguments on the record to address. Accordingly, no party 
has commented on the Preliminary Results and the final results remain 
unchanged from the Preliminary Results.
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper from Brazil: Preliminary Results 
of the Antidumping Duty Administrative Review and Preliminary 
Successor-in-Interest Determination; 2019-2020, 86 FR 30000 (June 4, 
2021) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Preliminary Results, 86 FR at 30002.
    \3\ In the Preliminary Results, we determined that Suzano S.A. 
is the successor-in-interest to Suzano Papel e Celulose S.A. We did 
not receive comments from interested parties related to this 
finding. Accordingly, we continue to determine that it is the 
successor-in-interest. For additional information on Commerce's 
analysis regarding the successor-in-interest finding. See 
Preliminary Results PDM at 4.
    \4\ The petitioners for this case are Domtar Corporation; P.H. 
Glatfelter Company; Packaging Corporation of America; and the United 
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 
Industrial and Service Workers International Union, AFL-CIO, CLC.
---------------------------------------------------------------------------

    Commerce conducted this review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order 5
---------------------------------------------------------------------------

    \5\ 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 merchandise covered by the Order includes uncoated paper in 
sheet form; weighing at least 40 grams per square meter but not more 
than 150 grams per square meter; that either is a white paper with a GE 
brightness level \6\ of 85 or higher, or is a colored paper; whether or 
not surface-decorated, printed (except as described below), embossed, 
perforated, or punched; irrespective of the smoothness of the surface; 
and irrespective of dimensions (Certain Uncoated Paper).
---------------------------------------------------------------------------

    \6\ One of the key measurements of any grade of paper is 
brightness. Generally speaking, the brighter the paper the better 
the contrast between the paper and the ink. Brightness is measured 
using a GE Reflectance Scale, which measures the reflection of light 
off a grade of paper. One is the lowest reflection, or what would be 
given to a totally black grade, and 100 is the brightest measured 
grade. ``Colored paper'' as used in this scope definition means a 
paper with a hue other than white that reflects one of the primary 
colors of magenta, yellow, and cyan (red, yellow, and blue) or a 
combination of such primary colors.
---------------------------------------------------------------------------

    Certain Uncoated Paper includes: (a) Uncoated free sheet paper that 
meets this scope definition; (b) uncoated ground wood paper produces 
from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this 
scope definition; and (c) any other uncoated paper that meets this 
scope definition regardless of the type of pulp used to produce the 
paper.
    Specifically excluded from the scope are: (1) Paper printed with 
final content of printed text or graphics; and (2) lined paper 
products, typically school supplies, composed of paper that 
incorporates straight horizontal and/or vertical lines that would make 
the paper unsuitable for copying or printing purposes. For purposes of 
this scope definition, paper shall be considered ``printed with final 
content'' where at least one side of the sheet has printed text and/or 
graphics that cover at least five percent of the surface area of the 
entire sheet.
    On September 1, 2017, Commerce determined that imports of uncoated 
paper with a GE brightness of 83 +/- 1% (83 Bright paper), otherwise 
meeting the description of in-scope merchandise, constitute merchandise 
``altered in form or appearance in minor respects'' from in-scope 
merchandise that are subject to the Order.\7\
---------------------------------------------------------------------------

    \7\ See Certain Uncoated Paper from Australia, Brazil, the 
People's Republic of China, Indonesia, and Portugal: Affirmative 
Final Determination of Circumvention of the Antidumping and 
Countervailing Duty Orders, 82 FR 41610 (September 1, 2017).
---------------------------------------------------------------------------

    Imports of the subject merchandise are provided for under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 
4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, 
and 4802.57.4000. Some imports of subject merchandise may also be 
classified under 4802.62.1000, 4802.62.2000, 4802.62.3000, 
4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 
4802.69.3000, 4811.90.8050 and 4811.90.9080.\8\ While HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of the Order is dispositive.
---------------------------------------------------------------------------

    \8\ 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. The uncoated paper rolls covered by 
the preliminary finding are converted into sheets of uncoated paper 
using specialized cutting machinery prior to printing, and are 
typically, but not exclusively, between 52 and 103 inches wide and 
50 inches in diameter. These certain uncoated paper rolls are 
classified under HTSUS subheading 4802.55. See Certain Uncoated 
Paper from Brazil: Affirmative Preliminary Determination of 
Circumvention of the Antidumping Duty Order for Uncoated Paper 
Rolls, 86 FR 7261 (January 27, 2021). Commerce intends to make a 
final finding as to whether these uncoated paper rolls are within 
the scope of the Order after the issuance of the final results of 
this administrative review. Any entries of merchandise subject to 
the circumvention inquiry made during the POR will remain suspended 
until the conclusion of the circumvention proceeding.
---------------------------------------------------------------------------

Final Results of the Review

    We determine that the following weighted-average dumping margin 
exists for the respondent for the POR, March 1, 2019, through February 
29, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Suzano S.A..................................................       19.40
------------------------------------------------------------------------


[[Page 55821]]

Disclosure

    As noted above, there are no comments on the record regarding 
Commerce's Preliminary Results to be addressed here. As a result, we 
have not modified our analysis from the Preliminary Results, and we 
will not issue a decision memorandum to accompany this Federal Register 
notice. We are adopting the Preliminary Results as the final results of 
this review. Further, because we have not changed our calculations 
since the Preliminary Results, there are no new calculations to 
disclose, in accordance with 19 CFR 351.224(b), for these final 
results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. We will calculate importer-specific ad valorem assessment 
rates based on the ratio of the total amount of dumping calculated for 
the examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).
    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 for estimated antidumping 
duties will be effective for all shipments of 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 Suzano will be equal to its weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by a producer or exporter not covered in this 
review but covered in a prior completed segment of the 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, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the producer has been covered in a 
prior completed segment of this proceeding, the cash deposit rate will 
be the company-specific rate established for the most recent period for 
the producer of the merchandise; (4) the cash deposit rate for all 
other producers or exporters will continue to be 27.11 percent,\9\ the 
all-others rate established in the LTFV investigation. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \9\ See Order.
---------------------------------------------------------------------------

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 review period. 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 reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
section 751(a)(1) and 777(i) of the Act.

    Dated: October 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-21902 Filed 10-6-21; 8:45 am]
BILLING CODE 3510-DS-P