Certain Uncoated Paper From Portugal: Final Results of Antidumping Duty Administrative Review; 2019-2020, 58251-58252 [2021-22998]

Download as PDF Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Notices with demonstrated ability to represent minorities, women, and persons with disabilities. The USDA prohibits discrimination in all of its programs and activities on the basis of race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/ parental status, political beliefs, income derived from a public assistance program, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA (not all bases apply to all programs). Dated: October 14, 2021. Cikena Reid, USDA Committee Management Officer. [FR Doc. 2021–22764 Filed 10–20–21; 8:45 am] BILLING CODE 3411–15–P DEPARTMENT OF COMMERCE International Trade Administration [A–471–807] Certain Uncoated Paper From Portugal: 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 The Navigator Company, S.A. (Navigator) made sales of certain uncoated paper (uncoated paper) from Portugal in the United States at less than normal value during the period of review (POR) March 1, 2019, through February 29, 2020. AGENCY: Applicable October 21, 2021. 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: DATES: FOR FURTHER INFORMATION CONTACT: jspears on DSK121TN23PROD with NOTICES1 Background On June 4, 2021, Commerce published the Preliminary Results covering one producer/exporter, Navigator.1 On October 4, 2021, Commerce extended the time period for issuing the final results of this review by an additional 1 See Certain Uncoated Paper from Portugal: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 2019–2020, 86 FR 30003 (June 4, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum. VerDate Sep<11>2014 17:35 Oct 20, 2021 Jkt 256001 13 days, to 133 days after the publication date of the Preliminary Results.2 The deadline for the final results of this review is now October 15, 2021. For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.3 Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by this order are certain uncoated paper 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 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://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties, we have recalculated the weighted-average dumping margin for Navigator. Specifically, we made a change to one post-sale price adjustment for Navigator’s home market sales. For a more detailed discussion of this change, see the Final Analysis Memorandum.4 Final Results of the Review Commerce determines that the following weighted-average dumping margin exists for the period March 1, 2019, through February 29, 2020: 2 See Memorandum, ‘‘Certain Uncoated Paper from Portugal: Extension of Deadline for Final Results of Antidumping Duty Administrative Review, 2019–2020,’’ dated October 4, 2021. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order: Certain Uncoated Paper from Portugal; 2019– 2020,’’ dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Final Results Analysis Memorandum for The Navigator Company, S.A.,’’ dated concurrently with this memorandum. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Exporter/producer The Navigator Company, S.A. ................................... 58251 Weightedaverage dumping margin (percent) 2.21 Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with the final results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). Assessment Rate Pursuant to section 751(a)(2)(A) of 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 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 POR 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.5 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). 5 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). E:\FR\FM\21OCN1.SGM 21OCN1 58252 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Notices 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.6 These cash deposit requirements, when imposed, shall remain in effect until further notice. jspears on DSK121TN23PROD with NOTICES1 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 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 6 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). VerDate Sep<11>2014 17:35 Oct 20, 2021 Jkt 256001 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: October 15, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of the 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 to Cap ‘‘Bonus’’ Rebates in the Home Market Comment 2: Whether Commerce Should Grant Navigator a Constructed Export Price Offset VI. Recommendation [FR Doc. 2021–22998 Filed 10–20–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 84–32A12] Export Trade Certificate of Review Notice of issuance of an amended Export Trade Certificate of Review to Northwest Fruit Exporters (‘‘NFE’’), Application No. 84–32A12. ACTION: The Secretary of Commerce, through the Office of Trade and Economic Analysis (‘‘OTEA’’), issued an amended Export Trade Certificate of Review (‘‘Certificate’’) to NFE on September 30, 2021. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, by telephone at (202) 482–5131 (this is not a toll-free number) or email at etca@trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001 21) (‘‘the Act’’) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325. OTEA is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Secretary of Commerce to publish a summary of the certification in the Federal Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary’s determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. Description of Certified Content NFE’s Certificate was amended as follows: 1. Removed the following companies as Members of the Certificate: • Griggs Farms Packing, LLC, Orondo, WA • Naumes, Inc., Medford, OR • Pride Packing Company LLC, Wapato, WA • Yakima Fresh, Yakima, WA 2. Changed the names of the following Members of the Certificate: • Auvil Fruit Co., Inc. (Orondo, WA) changed to Auvil Fruit Co., Inc. dba Gee Whiz II, LLC (Orondo, WA) • Conrad & Adams Fruit L.L.C. (Grandview, WA) changed to River Valley Fruit, LLC (Grandview, WA) 3. Changed the Export Product coverage for one Member: • E.W. Brandt & Sons, Inc. changed Export Product coverage from fresh apples and fresh sweet cherries to fresh apples (dropped fresh sweet cherries). NFE’s amended Certificate Membership is as follows: 1. Allan Bros., Naches, WA 2. AltaFresh L.L.C. dba Chelan Fresh Marketing, Chelan, WA 3. Apple House Warehouse & Storage, Inc., Brewster, WA 4. Apple King, L.L.C., Yakima, WA 5. Auvil Fruit Co., Inc. dba Gee Whiz II, LLC, Orondo, WA 6. Baker Produce, Inc., Kennewick, WA 7. Blue Bird, Inc., Peshastin, WA 8. Blue Star Growers, Inc., Cashmere, WA 9. Borton & Sons, Inc., Yakima, WA 10. Brewster Heights Packing & Orchards, LP, Brewster, WA 11. Chelan Fruit Cooperative, Chelan, WA 12. Chiawana, Inc. dba Columbia Reach Pack, Yakima, WA E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Notices]
[Pages 58251-58252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22998]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-471-807]


Certain Uncoated Paper From Portugal: 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 The 
Navigator Company, S.A. (Navigator) made sales of certain uncoated 
paper (uncoated paper) from Portugal 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 21, 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 June 4, 2021, Commerce published the Preliminary Results 
covering one producer/exporter, Navigator.\1\ On October 4, 2021, 
Commerce extended the time period for issuing the final results of this 
review by an additional 13 days, to 133 days after the publication date 
of the Preliminary Results.\2\ The deadline for the final results of 
this review is now October 15, 2021. For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\3\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper from Portugal: Preliminary 
Results of the Administrative Review of the Antidumping Duty Order; 
2019-2020, 86 FR 30003 (June 4, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Certain Uncoated Paper from Portugal: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review, 2019-2020,'' dated October 4, 2021.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order: Certain Uncoated Paper from Portugal; 2019-2020,'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

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

Scope of the Order

    The products covered by this order are certain uncoated paper 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 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://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, we have recalculated the weighted-average dumping 
margin for Navigator. Specifically, we made a change to one post-sale 
price adjustment for Navigator's home market sales. For a more detailed 
discussion of this change, see the Final Analysis Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Final Results Analysis Memorandum for The 
Navigator Company, S.A.,'' dated concurrently with this memorandum.
---------------------------------------------------------------------------

Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period March 1, 2019, through February 29, 2020:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Exporter/producer                          margin
                                                            (percent)
------------------------------------------------------------------------
The Navigator Company, S.A.............................            2.21
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with the final results within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final determination in 
the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(A) of 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 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 POR 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.\5\
---------------------------------------------------------------------------

    \5\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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).

[[Page 58252]]

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.\6\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \6\ 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 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: October 15, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the 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 to Cap ``Bonus'' Rebates in the Home Market
    Comment 2: Whether Commerce Should Grant Navigator a Constructed 
Export Price Offset
VI. Recommendation

[FR Doc. 2021-22998 Filed 10-20-21; 8:45 am]
BILLING CODE 3510-DS-P