Certain Uncoated Paper From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 23971-23973 [2024-07234]
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Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices
intends upon publication of the final
results, to instruct CBP to collect cash
deposits of the estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective companies listed above with
regard to shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For all non-reviewed firms, CBP will
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: March 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Examined Companies
V. Subsidies Valuation
VI. Interest Rate Benchmarks, Discount Rates,
and Benchmarks for Measuring the
Adequacy of Remuneration
VII. Analysis of Programs
VIII. Recommendation
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Appendix II—List of Companies Not
Selected for Individual Review
1. Aakriti Manufacturing Pvt. Ltd.
2. Apollo Tyres Ltd.
3. Asian Tire Factory Limited.
4. Asiatic Tradelinks Private Limited.
5. Cavendish Industries Ltd.
6. Ceat Ltd.
7. Celite Tyre Corporation.
8. Emerald Resilient Tyre Manufacturer.
9. Forech India Private Limited.
10. HRI Tires India.
11. Innovative Tyres & Tubes Limited.
12. JK Tyre & Industries Ltd.
13. John Deere India Pvt. Ltd.
14. K.R.M. Tyres.
15. Mahansaria Tyres Private Limited.
16. MRF Limited.
17. MRL Tyres Limited (Malhotra Rubbers
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Ltd.).
18. Neosym Industry Limited.
19. OTR Laminated Tyres (I) Pvt. Ltd.
20. Royal Tyres Private Limited.
21. Rubberman Enterprises Pvt. Ltd.
22. Speedways Rubber Company.
23. Sun Tyre And Wheel Systems.
24. Sundaram Industries Private Limited.
25. Superking Manufacturers (Tyre) Pvt., Ltd.
26. TVS Srichakra Limited.
27. Ultra Mile.
[FR Doc. 2024–07281 Filed 4–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–842]
Certain Uncoated Paper From Brazil:
Preliminary Results of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on certain
uncoated paper (uncoated paper) from
Brazil for the period of review (POR)
March 1, 2022, through February 28,
2023. Commerce preliminarily finds
that Suzano S.A. (Suzano) made sales of
subject merchandise at prices below
normal value (NV) during the POR, and
finds that Sylvamo do Brasil Ltda.
(SVBR) and Sylvamo Exports Ltda.
(SVEX) (collectively, Sylvamo) did not
make sales of subject merchandise at
prices below NV during the POR. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Christopher Maciuba or Nathan James,
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) 482–0413 or
(202) 482–5305, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 9, 2023, Commerce initiated
an administrative review of the AD
order on uncoated paper from Brazil,1 in
accordance with section 751(a) of the
1 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).
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23971
Tariff Act of 1930, as amended (the
Act).2 This review covers two
producers/exporters of subject
merchandise, Suzano 3 and Sylvamo.4
On November 9, 2023, Commerce
extended the deadline for these
preliminary results until March 29,
2024.5 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6
Scope of the Order
The merchandise subject to the Order
is uncoated paper from Brazil. For a full
description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated constructed
export price in accordance with section
772 of the Act. We calculated NV in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is included as
an appendix to this notice. The
Preliminary 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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29881 (May 9, 2023).
3 Commerce previously determined that Suzano is
the successor-in-interest to Suzano Papel e Celulose
S.A. See Certain Uncoated Paper from Brazil: Final
Results of Antidumping Duty Administrative
Review; 2019–2020, 86 FR 55820 (October 7, 2021).
4 Commerce previously determined that SVBR is
the successor-in-interest to International Paper do
Brasil Ltda. and that SVEX is the successor-ininterest to International Paper Exportadora Ltda.
See Certain Uncoated Paper from Brazil: Final
Results of Antidumping Duty Changed
Circumstances Review, 87 FR 1395 (January 11,
2022).
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated November 9, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Uncoated Paper from Brazil; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices
requirements pertaining to the service of
documents in 19 CFR 351.303(f).12
Interested parties who wish to request
Weighted- a hearing must submit a written request
average
to the Assistant Secretary for
Exporter/producer
dumping
Enforcement and Compliance, filed
margin
electronically via ACCESS.13 Requests
(percent)
should contain: (1) the party’s name,
Suzano S.A .................................
3.49 address, and telephone number; (2) the
number of participants and whether any
Sylvamo do Brasil Ltda./Sylvamo
Exports Ltda ............................
0.00 participant is a foreign national; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
Disclosure and Public Comment
those raised in case and rebuttal
We intend to disclose the calculations briefs.14 If a request for a hearing is
performed to parties within five days
made, Commerce intends to hold the
hearing at a time and date to be
after public announcement of the
determined. A hearing request must be
preliminary results or, if there is no
filed electronically using ACCESS and
public announcement, within five days
of the date of publication of this notice.7 received in its entirety by 5:00 p.m.
Interested parties may submit case briefs Eastern Time within 30 days after the
publication of this notice.
no later than 30 days after the date of
publication of this notice.8 Rebuttal
Assessment Rates
briefs, limited to issues raised in the
Upon completion of the final results
case briefs, may be filed not later than
of
this administrative review, Commerce
five days after the date for filing case
shall determine, and U.S. Customs and
briefs.9 Interested parties who submit
Border Protection (CBP) shall assess,
case or rebuttal briefs in this proceeding
antidumping duties on all appropriate
must submit: (1) a table of contents
entries covered by this review.15
listing each issue; and (2) a table of
Pursuant
to 19 CFR 351.212(b)(1), if the
authorities.10
weighted-average dumping margin for
As provided under 19 CFR
Suzano or Sylvamo is not zero or de
351.309(c)(2) and (d)(2), in prior
minimis (i.e., less than 0.50 percent) in
proceedings we have encouraged
the final results of this review, we will
calculate importer-specific assessment
interested parties to provide an
rates based on the ratio of the total
executive summary of their brief that
amount of dumping calculated for the
should be limited to five pages total,
importer’s examined sales to the total
including footnotes. In this review, we
entered value of those same sales. If
instead request that interested parties
either respondent’s weighted-average
provide at the beginning of their briefs
dumping margin is zero or de minimis
a public, executive summary for each
issue raised in their briefs.11 Further, we in the final results of review, or if an
request that interested parties limit their importer-specific assessment rate is zero
public executive summary of each issue or de minimis, Commerce will instruct
CBP to liquidate appropriate entries
to no more than 450 words, not
without regard to antidumping duties.
including citations. We intend to use
The final results of this review shall be
the public executive summaries as the
the basis for the assessment of
basis of the comment summaries
antidumping duties on entries of
included in the issues and decision
merchandise covered by this review,
memorandum that will accompany the
and for future deposits of estimated
final results in this administrative
duties, where applicable.16
review. We request that interested
In accordance with Commerce’s
parties include footnotes for relevant
‘‘automatic assessment’’ practice, for
citations in the public executive
entries of subject merchandise during
summary of each issue. Note that
the POR produced by Suzano or
Commerce has amended certain of its
Sylvamo for which the company did not
know that the merchandise was
7 See 19 CFR 351.224(b).
destined for the United States, we will
8 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
instruct CBP to liquidate those entries at
351.303 (for general filing requirements).
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margins exist for the period March 1,
2022, through February 28, 2023:
9 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
10 See 19 351.309(c)(2) and (d)(2).
11 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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12 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310.
15 See 19 CFR 351.212(b).
16 See section 751(a)(2)(C) of the Act.
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the all-others rate established in the
original less-than-fair-value (LTFV)
investigation (i.e., 27.11 percent) 17 if
there is no rate for the intermediate
company(ies) involved in the
transaction.18
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margins
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
merchandise exported by a company not
covered in this review, but covered in
a prior segment of the proceeding, the
cash deposit rate will be the companyspecific rate published for the most
recently-completed segment in which it
was reviewed; (3) if the exporter is not
a firm covered in this review or in the
original LTFV investigation, but the
producer is, then the cash deposit rate
will be the rate established for the most
recently-completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 27.11 percent, the
all-others rate established in the LTFV
investigation.19 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
17 See
Order, 81 FR at 11176.
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
19 See Order, 81 FR at 11176.
18 For
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Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Notices
the issues raised in any written briefs,
no later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h)(2) and 19 CFR
351.221(b)(4).
Dated: March 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–869]
Certain New Pneumatic Off-the-Road
Tires From India: Preliminary Results
and Partial Recission of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers/
exporters subject to this administrative
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
March 1, 2022, through February 28,
2023. We are also rescinding this
administrative review, in part, with
respect to 10 companies because these
khammond on DSKJM1Z7X2PROD with NOTICES
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Background
On March 6, 2017, Commerce
published in the Federal Register an
antidumping duty order on off-the-road
tires from India.1 On May 9, 2023, based
on timely requests for review, we
initiated an administrative review of the
Order covering 24 companies.2 On
November 4, 2023, we extended the
time limit for these preliminary results
to March 29, 2024.3 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.4
Scope of the Order
The merchandise subject to the Order
is certain new pneumatic off-the-road
tires from India. For a full description
of the scope of the Order, see the
Preliminary Decision Memorandum.
Partial Recission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(3), it is
Commerce’s practice to rescind an
administrative review of an
antidumping duty order where it
concludes that there were no suspended
entries of subject merchandise during
the POR.5 Normally, upon completion
of an administrative review, the
suspended entries are liquidated at the
antidumping duty assessment rate for
the review period.6 Therefore, for an
[FR Doc. 2024–07234 Filed 4–4–24; 8:45 am]
AGENCY:
companies had no reviewable entries of
subject merchandise during the POR.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6412.
SUPPLEMENTARY INFORMATION:
1 See
Certain New Pneumatic Off-the-Road Tires
from India: Antidumping Duly Order, 82 FR 12553
(March 6, 2017) (Order); see also Certain New
Pneumatic Off-the-Road Tires from India: Notice of
Correction to Antidumping Duty Order, 82 FR
25598 (June 2, 2017) (Order Correction).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29881 (May 9, 2023).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ dated November 8, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
New Pneumatic Off-the-Road Tires from India;
2022–2023,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See, e.g., Certain Carbon and Alloy Steel Cut-to
Length Plate from the Federal Republic of Germany:
Recission of Antidumping Administrative Review;
2020–2021, 88 FR 4154 (January 24, 2023).
6 See 19 CFR 351.212(b)(1).
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23973
administrative review to be conducted,
there must be a reviewable, suspended
entry that Commerce can instruct U.S.
Customs and Border Protection (CBP) to
liquidate at the calculated antidumping
duty assessment rate for the review
period.7 On December 22, 2023, we
notified parties of our intent to rescind
the instant review regarding the
companies listed in Appendix III
because there were no reviewable,
suspended entries of subject
merchandise from these companies
during the POR and invited interested
parties to comment.8 No parties
commented on our intent to rescind the
review, in part. In the absence of any
suspended entries of subject
merchandise from these companies
during the POR, we are rescinding this
administrative review for the companies
listed in Appendix III, in accordance
with 19 CFR 351.213(d)(3).
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
We calculated export price and
constructed export price in accordance
with section 772 of the Act. We
calculated NV in accordance with
section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as
Appendix I to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
7 See, e.g., Shanghai Sunbeauty Trading Co. v.
United States, 380 F. Supp. 3d 1328, 1337 (CIT
2019), at 12 (referring to section 751(a) of the Act,
the CIT held: ‘‘While the statute does not explicitly
require that an entry be suspended as a prerequisite
for establishing entitlement to a review, it does
explicitly state the determined rate will be used as
the liquidation rate for the reviewed entries. This
result can only obtain if the liquidation of entries
has been suspended’’; see also Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Final
Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2018–2019, 86 FR 36102, and accompanying Issues
and Decision Memorandum at Comment 4; and
Solid Fertilizer Grade Ammonium Nitrate from the
Russian Federation: Notice of Rescission of
Antidumping Duty Administrative Review, 77 FR
65532 (October 29, 2012) (noting that ‘‘for an
administrative review to be conducted, there must
be a reviewable, suspended entry to be liquidated
at the newly calculated assessment rate’’).
8 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated December 22, 2023.
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]]>Agencies
[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23971-23973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07234]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842]
Certain Uncoated Paper From Brazil: Preliminary Results of
Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on certain
uncoated paper (uncoated paper) from Brazil for the period of review
(POR) March 1, 2022, through February 28, 2023. Commerce preliminarily
finds that Suzano S.A. (Suzano) made sales of subject merchandise at
prices below normal value (NV) during the POR, and finds that Sylvamo
do Brasil Ltda. (SVBR) and Sylvamo Exports Ltda. (SVEX) (collectively,
Sylvamo) did not make sales of subject merchandise at prices below NV
during the POR. We invite interested parties to comment on these
preliminary results.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba or Nathan James,
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) 482-0413 or (202)
482-5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2023, Commerce initiated an administrative review of the
AD order on uncoated paper from Brazil,\1\ in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\2\ This review
covers two producers/exporters of subject merchandise, Suzano \3\ and
Sylvamo.\4\
---------------------------------------------------------------------------
\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29881 (May 9, 2023).
\3\ Commerce previously determined that Suzano is the successor-
in-interest to Suzano Papel e Celulose S.A. See Certain Uncoated
Paper from Brazil: Final Results of Antidumping Duty Administrative
Review; 2019-2020, 86 FR 55820 (October 7, 2021).
\4\ Commerce previously determined that SVBR is the successor-
in-interest to International Paper do Brasil Ltda. and that SVEX is
the successor-in-interest to International Paper Exportadora Ltda.
See Certain Uncoated Paper from Brazil: Final Results of Antidumping
Duty Changed Circumstances Review, 87 FR 1395 (January 11, 2022).
---------------------------------------------------------------------------
On November 9, 2023, Commerce extended the deadline for these
preliminary results until March 29, 2024.\5\ For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated November
9, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Uncoated Paper from Brazil; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is uncoated paper from Brazil.
For a full description of the scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated constructed export price in
accordance with section 772 of the Act. We calculated NV in accordance
with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is included
as an appendix to this notice. The Preliminary 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
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping
[[Page 23972]]
margins exist for the period March 1, 2022, through February 28, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Suzano S.A.................................................. 3.49
Sylvamo do Brasil Ltda./Sylvamo Exports Ltda................ 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice.\7\ Interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\8\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\9\ Interested parties who submit case or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\10\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\9\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\10\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\11\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS.\13\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants and whether any participant is a foreign
national; and (3) a list of issues to be discussed. Issues raised in
the hearing will be limited to those raised in case and rebuttal
briefs.\14\ If a request for a hearing is made, Commerce intends to
hold the hearing at a time and date to be determined. A hearing request
must be filed electronically using ACCESS and received in its entirety
by 5:00 p.m. Eastern Time within 30 days after the publication of this
notice.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310.
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review.\15\ Pursuant to 19 CFR 351.212(b)(1), if the weighted-
average dumping margin for Suzano or Sylvamo is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review, we
will calculate importer-specific assessment rates based on the ratio of
the total amount of dumping calculated for the importer's examined
sales to the total entered value of those same sales. If either
respondent's weighted-average dumping margin is zero or de minimis in
the final results of review, or if an importer-specific assessment rate
is zero or de minimis, Commerce will instruct CBP to liquidate
appropriate entries without regard to antidumping duties. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review,
and for future deposits of estimated duties, where applicable.\16\
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\15\ See 19 CFR 351.212(b).
\16\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Suzano or
Sylvamo for which the company did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate established in the original less-than-
fair-value (LTFV) investigation (i.e., 27.11 percent) \17\ if there is
no rate for the intermediate company(ies) involved in the
transaction.\18\
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\17\ See Order, 81 FR at 11176.
\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margins
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for merchandise exported by a company not covered in this review,
but covered in a prior segment of the proceeding, the cash deposit rate
will be the company-specific rate published for the most recently-
completed segment in which it was reviewed; (3) if the exporter is not
a firm covered in this review or in the original LTFV investigation,
but the producer is, then the cash deposit rate will be the rate
established for the most recently-completed segment of this proceeding
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 27.11 percent, the
all-others rate established in the LTFV investigation.\19\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Order, 81 FR at 11176.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of
[[Page 23973]]
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(2) and
19 CFR 351.221(b)(4).
Dated: March 29, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-07234 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-DS-P
