Certain Uncoated Paper From Brazil: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results, 59505-59506 [2023-18573]

Download as PDF Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 8424.30.9000 and 8424.90.9040. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of Investigation V. Scope Comments VI. Affirmative Determination of Critical Circumstances VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Discussion of the Issues Comment 1: Commerce Unlawfully Applied AFA in its Preliminary Determination of Critical Circumstances Based on an Unrelated Adverse Inference Comment 2: Commerce Unlawfully Applied AFA by Ignoring Record Data Demonstrating That No Massive Imports Exist IX. Recommendation [FR Doc. 2023–18575 Filed 8–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–842] Certain Uncoated Paper From Brazil: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 18, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Suzano S.A. v. United States, Court No. 21–00069, sustaining the U.S. Department of Commerce (Commerce)’s second remand results pertaining to the review of the antidumping duty (AD) order on certain uncoated paper (paper) from Brazil covering the period March 1, 2018, through February 28, 2019. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Suzano S.A. (Suzano). DATES: Applicable August 28, 2023. FOR FURTHER INFORMATION CONTACT: Rachel Jennings, AD/CVD Operations, Office V, Enforcement and Compliance, ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 17:03 Aug 28, 2023 Jkt 259001 International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1110. SUPPLEMENTARY INFORMATION: Background On January 27, 2021, Commerce published its final results in the 2018– 2019 AD administrative review of paper from Brazil. Commerce declined to rely on Suzano’s proposed financial expense ratio calculation that excluded the derivative losses associated with its acquisition of Fibria Celulose S.A. (Fibria), a pulp producer in Brazil, for calculating Suzano’s cost of production (COP).1 In the Final Results, Commerce calculated a weighted-average dumping margin of 32.31.2 Suzano appealed Commerce’s Final Results. On August 16, 2022, the CIT remanded the Final Results to Commerce, holding that Commerce’s rationale 3 for declining to rely on Suzano’s proposed financial expense ratio calculation was unsupported by substantial evidence.4 Accordingly, the CIT instructed Commerce to provide further explanation, and, if appropriate, to reconsider the agency’s cost analysis pursuant to section 773(f)(1)(A) of the Tariff Act of 1930, as amended (the Act).5 In its first remand redetermination, issued in November 2022, Commerce made no changes to the Final Results, but provided additional explanation regarding its decision not to modify Suzano’s COP to exclude the derivative losses from the financial expense ratio.6 The CIT remanded for a second time, holding that, while Commerce’s determination that Suzano’s derivative losses were not investment-related costs 1 See Certain Uncoated Paper from Brazil: Final Results of Antidumping Duty Administrative Review; 2018–2019, 86 FR 7254 (January 27, 2021) (Final Results), and accompanying Issues and Decision Memorandum (IDM) at Comment 1. 2 Id. 86 FR 7254. 3 In the Final Results, we explained: ‘‘While it is Commerce’s practice to exclude only investmentrelated gains or losses from the calculation of cost of production, the capital management mechanisms practiced by Suzano by way of these derivative transactions are reasonably associated with the company’s cost of borrowing. . . . Moreover, we disagree with Suzano’s claim that these derivative expenses are extraordinary and stem from an isolated event. . . . Here, the auditors who issued an unqualified opinion on Suzano’s financial statements did not classify the derivative expenses as extraordinary.’’ See Final Results IDM at 5 (internal citations omitted). 4 See Suzano S.A. v. United States, 589 F. Supp. 3d 1225, 1233 (CIT 2022). 5 Id. at 1237. 6 See Final Results of Redetermination Pursuant to Court Remand, Suzano S.A. v. United States, Court No. 21–00069, Slip-Op 22–95, dated November 14, 2022, available at https:// access.trade.gov/Resources/remands/22-95.pdf. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 59505 was supported by substantial evidence and in accordance with the CIT’s remand instructions, the determination that Suzano’s derivative losses were not extraordinary was not supported by substantial evidence.7 Therefore, the CIT remanded to Commerce for further explanation, and if appropriate, reconsideration, of the determination that Suzano’s derivative expenses were not extraordinary for purposes for the COP calculation.8 In its final remand redetermination, issued in July 2023, Commerce further explained why it considers Suzano’s derivative losses to be a result of an expansion of the company’s normal operations, and, therefore, not extraordinary.9 However, upon further review of the facts at issue, Commerce determined that it was appropriate to revise Suzano’s financial expense ratio to include Fibria’s financial expenses and cost of sales.10 Therefore, Commerce calculated a weightedaverage dumping margin of 8.63 percent.11 The CIT sustained Commerce’s final redetermination.12 Timken Notice In its decision in Timken,13 as clarified by Diamond Sawblades,14 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Act, Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s August 18, 2023, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to Suzano as follows: 7 See Suzano S.A. v. United States, 633 F.Supp.3d 1232, 1238 (CIT 2023). 8 Id. at 1243. 9 See Final Results of Redetermination Pursuant to Court Remand, Suzano S.A. v. United States, Court No. 21–00069, Slip Op. 23–56, dated July 20, 2023, at 5–11. 10 Id. at 10. 11 Id. at 24–25. 12 See Suzano S.A. v. United States, Court No. 21–00069, Slip Op. 23–117 (CIT August 18, 2023). 13 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 14 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\29AUN1.SGM 29AUN1 59506 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices Exporter/producer Final results of redetermination weighted-average dumping margin (percent) Suzano S.A ............... 8.63 DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket No.: 230816–0196] Cash Deposit Requirements Because Suzano has a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that: were produced and exported by Suzano, and were entered, or withdrawn from warehouse, for consumption during the period March 1, 2018, through February 28, 2019. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise produced and exported by Suzano in accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific ad valorem assessment rate is not zero or de minimis. Where an importer-specific ad valorem assessment rate is zero or de minimis,15 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Notification to Interested Parties ddrumheller on DSK120RN23PROD with NOTICES1 This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: August 23, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–18573 Filed 8–28–23; 8:45 am] BILLING CODE 3510–DS–P 15 See 19 CFR 351.106(c)(2). VerDate Sep<11>2014 17:03 Aug 28, 2023 Jkt 259001 National Cybersecurity Center of Excellence (NCCoE) Accelerate Adoption of Digital Identities on Mobile Devices National Institute of Standards and Technology, Department of Commerce. ACTION: Notice. AGENCY: The National Institute of Standards and Technology (NIST) invites organizations to provide letters of interest describing technical expertise and products to support and demonstrate International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 18013–5 and ISO/IEC 18013–7 standards capabilities for the Accelerate Adoption of Digital Identities on Mobile Devices project. This notice is the initial step for the National Cybersecurity Center of Excellence (NCCoE) in collaborating with technology companies to address cybersecurity challenges identified under the Accelerate Adoption of Digital Identities on Mobile Devices project. Participation in the project is open to all interested organizations. SUMMARY: Collaborative activities will commence as soon as enough completed and signed letters of interest have been returned to address all the necessary components and capabilities, but no earlier than September 28, 2023. ADDRESSES: The NCCoE is located at 9700 Great Seneca Highway, Rockville, MD 20850. Letters of interest must be submitted to mdl-nccoe@nist.gov or via hardcopy to National Institute of Standards and Technology, NCCoE; 9700 Great Seneca Highway, Rockville, MD 20850. Interested parties can access the letter of interest request by visiting https://www.nccoe.nist.gov/projects/ digital-identities-mdl and completing the letter of interest webform. NIST will announce the completion of the selection of participants and inform the public that it is no longer accepting letters of interest for this project at https://www.nccoe.nist.gov/projects/ digital-identities-mdl. Organizations whose letters of interest are accepted in accordance with the process set forth in the SUPPLEMENTARY INFORMATION section of this notice will be asked to sign an NCCoE consortium Cooperative Research and Development Agreement (CRADA) with NIST. An NCCoE DATES: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 consortium CRADA template can be found at: https://www.nccoe.nist.gov/ publications/other/nccoe-consortiumcrada-example. FOR FURTHER INFORMATION CONTACT: Ketan Mehta via email at mdl-nccoe@ nist.gov; by phone at (301) 975–8405; or by mail to National Institute of Standards and Technology, NCCoE; 9700 Great Seneca Highway, Rockville, MD 20850. Additional details about the Accelerate Adoption of Digital Identities on Mobile Devices project are available at https://www.nccoe.nist.gov/projects/ digital-identities-mdl. SUPPLEMENTARY INFORMATION: Background: The NCCoE, part of NIST, is a public-private collaboration for accelerating the widespread adoption of integrated cybersecurity tools and technologies. The NCCoE brings together experts from industry, government, and academia under one roof to develop practical, interoperable cybersecurity approaches that address the real-world needs of complex Information Technology (IT) and Operational Technology (OT) systems. By accelerating dissemination and use of these integrated tools and technologies for protecting IT and OT assets, the NCCoE will enhance trust in U.S. IT and OT communications, data, and storage systems; reduce risk for companies and individuals using IT and OT systems; and encourage development of innovative, job-creating cybersecurity products and services. Process: NIST is soliciting responses from all sources of relevant security capabilities (see below) to enter into an NCCoE Cooperative Research and Development Agreement (CRADA) to provide technical expertise and products to support and demonstrate ISO/IEC 18013–5 and ISO/IEC 18013–7 standards capabilities for the Accelerate Adoption of Digital Identities on Mobile Devices project. The full project can be viewed at: https://www.nccoe.nist.gov/ projects/digital-identities-mdl. Interested parties can access the request for a letter of interest template by visiting the project website at https:// www.nccoe.nist.gov/projects/digitalidentities-mdl and completing the letter of interest webform. On completion of the webform, interested parties will receive access to the letter of interest template, which the party must complete, certify as accurate, and submit to NIST by email or hardcopy. NIST will contact interested parties if there are questions regarding the responsiveness of the letters of interest to the project objective or requirements identified below. NIST will select participants who have submitted E:\FR\FM\29AUN1.SGM 29AUN1

Agencies

[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59505-59506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18573]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-842]


Certain Uncoated Paper From Brazil: Notice of Court Decision Not 
in Harmony With the Results of Antidumping Duty Administrative Review; 
Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 18, 2023, the U.S. Court of International Trade 
(CIT) issued its final judgment in Suzano S.A. v. United States, Court 
No. 21-00069, sustaining the U.S. Department of Commerce (Commerce)'s 
second remand results pertaining to the review of the antidumping duty 
(AD) order on certain uncoated paper (paper) from Brazil covering the 
period March 1, 2018, through February 28, 2019. Commerce is notifying 
the public that the CIT's final judgment is not in harmony with 
Commerce's final results of the administrative review, and that 
Commerce is amending the final results with respect to the dumping 
margin assigned to Suzano S.A. (Suzano).

DATES: Applicable August 28, 2023.

FOR FURTHER INFORMATION CONTACT: Rachel Jennings, 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) 482-1110.

SUPPLEMENTARY INFORMATION:

Background

    On January 27, 2021, Commerce published its final results in the 
2018-2019 AD administrative review of paper from Brazil. Commerce 
declined to rely on Suzano's proposed financial expense ratio 
calculation that excluded the derivative losses associated with its 
acquisition of Fibria Celulose S.A. (Fibria), a pulp producer in 
Brazil, for calculating Suzano's cost of production (COP).\1\ In the 
Final Results, Commerce calculated a weighted-average dumping margin of 
32.31.\2\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper from Brazil: Final Results of 
Antidumping Duty Administrative Review; 2018-2019, 86 FR 7254 
(January 27, 2021) (Final Results), and accompanying Issues and 
Decision Memorandum (IDM) at Comment 1.
    \2\ Id. 86 FR 7254.
---------------------------------------------------------------------------

    Suzano appealed Commerce's Final Results. On August 16, 2022, the 
CIT remanded the Final Results to Commerce, holding that Commerce's 
rationale \3\ for declining to rely on Suzano's proposed financial 
expense ratio calculation was unsupported by substantial evidence.\4\ 
Accordingly, the CIT instructed Commerce to provide further 
explanation, and, if appropriate, to reconsider the agency's cost 
analysis pursuant to section 773(f)(1)(A) of the Tariff Act of 1930, as 
amended (the Act).\5\
---------------------------------------------------------------------------

    \3\ In the Final Results, we explained: ``While it is Commerce's 
practice to exclude only investment-related gains or losses from the 
calculation of cost of production, the capital management mechanisms 
practiced by Suzano by way of these derivative transactions are 
reasonably associated with the company's cost of borrowing. . . . 
Moreover, we disagree with Suzano's claim that these derivative 
expenses are extraordinary and stem from an isolated event. . . . 
Here, the auditors who issued an unqualified opinion on Suzano's 
financial statements did not classify the derivative expenses as 
extraordinary.'' See Final Results IDM at 5 (internal citations 
omitted).
    \4\ See Suzano S.A. v. United States, 589 F. Supp. 3d 1225, 1233 
(CIT 2022).
    \5\ Id. at 1237.
---------------------------------------------------------------------------

    In its first remand redetermination, issued in November 2022, 
Commerce made no changes to the Final Results, but provided additional 
explanation regarding its decision not to modify Suzano's COP to 
exclude the derivative losses from the financial expense ratio.\6\ The 
CIT remanded for a second time, holding that, while Commerce's 
determination that Suzano's derivative losses were not investment-
related costs was supported by substantial evidence and in accordance 
with the CIT's remand instructions, the determination that Suzano's 
derivative losses were not extraordinary was not supported by 
substantial evidence.\7\ Therefore, the CIT remanded to Commerce for 
further explanation, and if appropriate, reconsideration, of the 
determination that Suzano's derivative expenses were not extraordinary 
for purposes for the COP calculation.\8\
---------------------------------------------------------------------------

    \6\ See Final Results of Redetermination Pursuant to Court 
Remand, Suzano S.A. v. United States, Court No. 21-00069, Slip-Op 
22-95, dated November 14, 2022, available at https://access.trade.gov/Resources/remands/22-95.pdf.
    \7\ See Suzano S.A. v. United States, 633 F.Supp.3d 1232, 1238 
(CIT 2023).
    \8\ Id. at 1243.
---------------------------------------------------------------------------

    In its final remand redetermination, issued in July 2023, Commerce 
further explained why it considers Suzano's derivative losses to be a 
result of an expansion of the company's normal operations, and, 
therefore, not extraordinary.\9\ However, upon further review of the 
facts at issue, Commerce determined that it was appropriate to revise 
Suzano's financial expense ratio to include Fibria's financial expenses 
and cost of sales.\10\ Therefore, Commerce calculated a weighted-
average dumping margin of 8.63 percent.\11\ The CIT sustained 
Commerce's final redetermination.\12\
---------------------------------------------------------------------------

    \9\ See Final Results of Redetermination Pursuant to Court 
Remand, Suzano S.A. v. United States, Court No. 21-00069, Slip Op. 
23-56, dated July 20, 2023, at 5-11.
    \10\ Id. at 10.
    \11\ Id. at 24-25.
    \12\ See Suzano S.A. v. United States, Court No. 21-00069, Slip 
Op. 23-117 (CIT August 18, 2023).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\13\ as clarified by Diamond 
Sawblades,\14\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to sections 516A(c) and (e) of the Act, Commerce must 
publish a notice of court decision that is not ``in harmony'' with a 
Commerce determination and must suspend liquidation of entries pending 
a ``conclusive'' court decision. The CIT's August 18, 2023, judgment 
constitutes a final decision of the CIT that is not in harmony with 
Commerce's Final Results. Thus, this notice is published in fulfillment 
of the publication requirements of Timken.
---------------------------------------------------------------------------

    \13\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \14\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Suzano as follows:

[[Page 59506]]



------------------------------------------------------------------------
                                                      Final results of
                                                      redetermination
                Exporter/producer                     weighted-average
                                                       dumping margin
                                                         (percent)
------------------------------------------------------------------------
Suzano S.A.......................................                  8.63
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Suzano has a superseding cash deposit rate, i.e., there 
have been final results published in a subsequent administrative 
review, we will not issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP). This notice will not affect the 
current cash deposit rate.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that: were produced and exported by Suzano, and 
were entered, or withdrawn from warehouse, for consumption during the 
period March 1, 2018, through February 28, 2019. These entries will 
remain enjoined pursuant to the terms of the injunction during the 
pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise produced and exported by Suzano in accordance with 
19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate is not zero or de minimis. Where an 
importer-specific ad valorem assessment rate is zero or de minimis,\15\ 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: August 23, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-18573 Filed 8-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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