Certain Uncoated Paper From Portugal: Final Results of Antidumping Duty Administrative Review; 2021-2022, 58548-58549 [2023-18522]

Download as PDF 58548 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with part 756 of the Regulations, Haynes may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to Haynes and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until January 11, 2031. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–18437 Filed 8–25–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–471–807] Certain Uncoated Paper From Portugal: Final Results of Antidumping Duty Administrative Review; 2021– 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. 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, 2021, through February 28, 2022. DATES: Applicable August 28, 2023. 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: AGENCY: lotter on DSK11XQN23PROD with NOTICES1 Background On April 6, 2023, Commerce published the preliminary results of this administrative review covering one producer/exporter, Navigator.1 We 1 See Certain Uncoated Paper from Portugal: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 2021–2022, 88 FR 20484 (April 6, 2023) (Preliminary Results), and VerDate Sep<11>2014 15:55 Aug 25, 2023 Jkt 259001 invited interested parties to comment on the Preliminary Results. On August 2, 2023, Commerce extended the time period for issuing the final results of this review until August 22, 2023.2 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 4 The product covered by this Order is certain uncoated paper from Portugal. For a full description of the scope of the Order, 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 have used weight-averaged quarterly costs in determining Navigator’s dumping margin. We also made changes in calculating certain rebate caps for Navigator’s home market sales. For a more detailed discussion of these accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated August 2, 2023. 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; 2021– 2022,’’ dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). 4 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). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 changes, see the Issues and Decision Memorandum. Final Results of Review Commerce determines that the following weighted-average dumping margin exists for the period March 1, 2021, through February 28, 2022: Exporter/producer The Navigator Company, S.A Weightedaverage dumping margin (percent) 7.11 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)(C) 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 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 the 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. 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\28AUN1.SGM 28AUN1 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 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.6 These cash deposit requirements, when imposed, shall remain in effect until further notice. lotter on DSK11XQN23PROD 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 an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in 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 15:55 Aug 25, 2023 Jkt 259001 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: August 22, 2023. Abdelali Elouaradia, Deputy 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 Grant Navigator a Constructed Export Price (CEP) Offset Comment 2: Whether Commerce Should Use Navigator’s Consolidated Quarterly Costs Instead of the Mill Specific Costs Comment 3: Capping of Rebates VI. Recommendation [FR Doc. 2023–18522 Filed 8–25–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration United States Travel and Tourism Advisory Board: Meeting of the United States Travel and Tourism Advisory Board International Trade Administration, Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The United States Travel and Tourism Advisory Board (Board or TTAB) will hold a meeting on Wednesday, September 13, 2023. The Board advises the Secretary of Commerce on matters relating to the U.S. travel and tourism industry. The main purpose of this meeting is for Board members to deliberate and potentially adopt five letters of recommendation for the Secretary of Commerce. The final agenda will be posted on the Department of Commerce website for the Board at https:// www.trade.gov/ttab-meetings at least two days prior to the meeting. SUMMARY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 58549 Wednesday, September 13, 2023, 1:00 p.m.–2:00 p.m. EDT. The deadline for members of the public to register for the meeting or to submit written comments for dissemination prior to the meeting is 5:00 p.m. EDT on Monday, September 11, 2023. ADDRESSES: The meeting will be held virtually. The access information will be provided by email to registrants. Requests to register (including to speak or for auxiliary aids) and any written comments should be submitted by email to TTAB@trade.gov. FOR FURTHER INFORMATION CONTACT: Jennifer Aguinaga, the United States Travel and Tourism Advisory Board, National Travel and Tourism Office, U.S. Department of Commerce; telephone: 202–482–2404; email: TTAB@trade.gov. SUPPLEMENTARY INFORMATION: Public Participation: The meeting will be open to the public and will be accessible to people with disabilities. Any member of the public requesting to join the meeting is asked to register in advance by the deadline identified under the DATES caption. Requests for auxiliary aids must be submitted by the registration deadline. Last minute requests will be accepted but may not be possible to fill. There will be fifteen (15) minutes allotted for oral comments from members of the public joining the meeting. To accommodate as many speakers as possible, the time for public comments may be limited to three (3) minutes per person. Members of the public wishing to reserve speaking time during the meeting must submit a request at the time of registration, as well as the name and address of the proposed speaker. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to submit a written copy of their prepared remarks by 5:00 p.m. EDT on Monday, September 11, 2023, for inclusion in the meeting records and for circulation to the members of the Board. In addition, any member of the public may submit pertinent written comments concerning the Board’s affairs at any time before or after the meeting. Comments may be submitted to Jennifer Aguinaga at the contact information indicated above. To be considered during the meeting, comments must be received no later than 5:00 p.m. EDT on Monday, September 11, 2023, to ensure transmission to the Board prior to the meeting. Comments received after that DATES: E:\FR\FM\28AUN1.SGM 28AUN1

Agencies

[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Notices]
[Pages 58548-58549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18522]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-471-807]


Certain Uncoated Paper From Portugal: Final Results of 
Antidumping Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. 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, 2021, through 
February 28, 2022.

DATES: Applicable August 28, 2023.

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 April 6, 2023, Commerce published the preliminary results of 
this administrative review covering one producer/exporter, 
Navigator.\1\ We invited interested parties to comment on the 
Preliminary Results. On August 2, 2023, Commerce extended the time 
period for issuing the final results of this review until August 22, 
2023.\2\ 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; 
2021-2022, 88 FR 20484 (April 6, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated August 2, 2023.
    \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; 2021-2022,'' 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 4
---------------------------------------------------------------------------

    \4\ 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 product covered by this Order is certain uncoated paper from 
Portugal. For a full description of the scope of the Order, 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 have used weight-averaged 
quarterly costs in determining Navigator's dumping margin. We also made 
changes in calculating certain rebate caps for Navigator's home market 
sales. For a more detailed discussion of these changes, see the Issues 
and Decision Memorandum.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period March 1, 2021, through February 28, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
The Navigator Company, S.A..............................            7.11
------------------------------------------------------------------------

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)(C) 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 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 the 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.

[[Page 58549]]

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-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 
an 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: August 22, 2023.
Abdelali Elouaradia,
Deputy 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 Grant Navigator a Constructed 
Export Price (CEP) Offset
    Comment 2: Whether Commerce Should Use Navigator's Consolidated 
Quarterly Costs Instead of the Mill Specific Costs
    Comment 3: Capping of Rebates
VI. Recommendation

[FR Doc. 2023-18522 Filed 8-25-23; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.