[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3115-3117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01028]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-842]


Certain Uncoated Paper From Brazil: Final Determination of Sales 
at Less Than Fair Value

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

SUMMARY: The Department of Commerce (``the Department'') determines 
that certain uncoated paper (``uncoated paper'') from Brazil is being, 
or is likely to be, sold in the United States at less than fair value 
(``LTFV''), as provided in section 735(a) of the Tariff Act of 1930, as 
amended (``the Act''). The period of investigation (``POI'') is January 
1, 2014, through December 31, 2014. The final dumping margins of sales 
at LTFV are listed below in the ``Final Determination'' section of this 
notice.

DATES: Effective: January 20, 2016.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Paul Walker, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202.482.1394 
or 202.482.0413, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 26, 2015, the Department published the Preliminary 
Determination of this antidumping duty (``AD'') investigation.\1\ The 
events occurring since the Preliminary Determination was issued are 
detailed in the Issues and Decision Memorandum.\2\
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    \1\ See Certain Uncoated Paper from Brazil: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 80 FR 52029 (August 27, 2015) (``Preliminary 
Determination'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Determination in the 
Antidumping Duty Investigation of Certain Uncoated Paper from 
Brazil'' (``Issues and Decision Memorandum''), dated concurrently 
with this notice.
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Scope of the Investigation and Scope Comments

    The product covered by this investigation is uncoated paper from 
Brazil. For a complete description of the scope of the investigation, 
see the ``Scope of the Investigation,'' in Appendix I of this notice, 
which

[[Page 3116]]

incorporates changes made subsequent to the Preliminary Determination.
    On October 2, 2015, Gartner Studios, Inc. submitted its case brief 
on the scope of the investigations.\3\ On October 19, 2015, American 
Greetings Corporation (``American Greetings'') submitted its case brief 
regarding the scope of the investigations.\4\ On October 29, 2015, 
Petitioners submitted their rebuttal brief regarding the scope of the 
investigations.\5\ The Department is issuing a scope comments decision 
memorandum for the final determinations of the AD and countervailing 
duty investigations of uncoated paper, which is incorporated by 
reference in, and hereby adopted by, this final determination.\6\ As 
explained in the Final Scope Decision Memorandum, to facilitate the 
scope's administrability and enforcement, we have clarified the scope 
language such that certain uncoated paper with ``final printed 
content'' is excluded from the scope of the investigations.
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    \3\ See Letter to Secretary Pritzker, from Gartner Studios, 
Inc., ``Certain Uncoated Paper from Australia, Brazil, the People's 
Republic of China, Indonesia, and Portugal: Case Brief'' (October 2, 
2015).
    \4\ See Letter to Secretary Pritzker, from American Greetings, 
``Certain Uncoated Paper from Australia, Brazil, the People's 
Republic of China, Indonesia, and Portugal: Case Brief of American 
Greetings Corporation'' (October 19, 2015).
    \5\ See Letter to Secretary Pritzker, from Petitioners, 
``Certain Uncoated Paper from Australia, Brazil, the People's 
Republic of China, Indonesia, and Portugal: Scope Rebuttal Brief'' 
(October 29, 2015).
    \6\ See the Department's Memorandum to the File, ``Less Than 
Fair Value Investigations of Certain Uncoated Paper from Australia, 
Brazil, the People's Republic of China, Indonesia, and Portugal; and 
Countervailing Duty Investigations of Certain Uncoated Paper from 
the People's Republic of China and Indonesia: Scope Comments 
Decision Memorandum for the Final Determinations,'' dated January 8, 
2016 (``Final Scope Decision Memorandum'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by interested 
parties in this investigation that are not related to the scope of this 
investigation are addressed in the Issues and Decision Memorandum, 
which is incorporated by reference by, and hereby adopted by, this 
notice.\7\ A list of the issues raised is attached to this notice as 
Appendix II. 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 and it is available to all parties in the Central 
Records Unit, room B-8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and 
Decision Memorandum are identical in content.
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    \7\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Determination in the 
Antidumping Duty Investigation of Certain Uncoated Paper from 
Brazil'' (``Issues and Decision Memorandum''), dated concurrently 
with this notice.
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Verification

    As provided in section 782(i) of the Act, in September and October 
2015, the Department verified the sales and cost data reported by 
International Paper \8\ and Suzano,\9\ respectively, pursuant to 
section 782(i) of the Act. We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by International Paper and 
Suzano.\10\
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    \8\ International Paper do Brasil Ltda. (``IP Brasil''), and 
International Paper Exportadora Ltda. (``IPEX'') (collectively 
``International Paper'').
    \9\ Suzano Papel e Celulose S.A./Suzano Pulp and Paper America, 
Inc. (collectively ``Suzano'').
    \10\ See IP Brasil Cost Verification Report at 1-2; Suzano Cost 
Verification Report at 1-2; International Paper Home Market 
Verification Report at 1-2; Suzano Home Market Verification Report 
at 1-2; Suzano U.S. Sales Verification Report at 1-2.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and findings at 
verification, we made certain changes to the margin calculations for 
International Paper and Suzano. For a discussion of these changes, see 
the ``Margin Calculations'' section of the Issues and Decision 
Memorandum.\11\ We have also revised the all-others rate.\12\
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    \11\ See Issues and Decision Memorandum.
    \12\ See Memorandum to the File from Julia Hancock, Senior 
International Trade Compliance Analyst, ``Certain Uncoated Paper 
from Brazil: Calculation of the Final Margin for All Other 
Companies,'' dated concurrently with this memorandum (``All Others 
Calculation Memorandum'').
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. For the Final Determination, the Department calculated the 
``all-others'' rate based on a weighted-average of International 
Paper's and Suzano's margins using publicly-ranged quantities for their 
sales of subject merchandise.\13\
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    \13\ Id. at 1-2. With two respondents, we normally calculate: 
(A) a weighted-average of the dumping margins calculated for the 
mandatory respondents; (B) a simple average of the dumping margins 
calculated for the mandatory respondents; and (C) a weighted-average 
of the dumping margins calculated for the mandatory respondents 
using each company's publicly-ranged values for the merchandise 
under consideration. We compare (B) and (C) to (A) and select the 
rate closest to (A) as the most appropriate rate for all other 
companies. See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Final Determination

    The Department determines that the final weighted-average dumping 
margins are as follows:
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    \14\ In the Preliminary Determination, we determined that 
International Paper do Brasil Ltda. and International Paper 
Exportadora Ltda. constituted a single entity. See Memorandum to 
James C. Doyle, Director, Office V, through Paul Walker, Acting 
Program Manager, from Julia Hancock, Senior International Trade 
Compliance Analyst, Office V, ``Antidumping Duty Investigation of 
Certain Uncoated Paper from Brazil: Preliminary Determination of 
Affiliation/Single Entity Treatment of International Paper do Brasil 
Ltda, International Paper Exportadora Ltda, et al.'' (August 19, 
2015). Because no interested parties submitted comments on this 
issue, the Department's determination that IP Brasil and IPEX are 
affiliated, pursuant to sections 771(33)(E) and (F) of the Act, and 
is considered a single entity, pursuant to 19 CFR 351.401(f), 
remains unchanged for this final determination.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/Manufacturer                       dumping
                                                                margin
                                                              (percent)
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International Paper do Brasil Ltda. and International Paper        41.39
 Exportadora Ltda.\14\.....................................
Suzano Papel e Celulose S.A................................        22.16
All-Others.................................................        26.95
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Disclosure

    We will disclose the calculations performed to interested parties 
within five days of the public announcement of this final determination 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of uncoated paper 
from Brazil, as described in Appendix I of this notice, which were 
entered, or withdrawn from

[[Page 3117]]

warehouse, for consumption on or after August 27, 2015, the date of 
publication of the preliminary determination of this investigation in 
the Federal Register.
    Further, CBP shall require a cash deposit equal to the estimated 
amount by which the normal value exceeds the U.S. price, as follows: 
(1) The rate for International Paper and Suzano will be the rate we 
determined in this final determination; (2) if the exporter is not a 
firm identified in this investigation but the producer is, the rate 
will be the rate established for the producer of the subject 
merchandise; (3) the rate for all other producers or exporters will be 
26.95 percent. The instructions suspending liquidation will remain in 
effect until further notice.

ITC Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of uncoated paper from Brazil no later than 45 days 
after our final determination. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding will 
be terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders (``APO'')

    This notice also serves as a reminder to parties subject to an APO 
of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: January 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by the investigation includes uncoated 
paper in sheet form; weighing at least 40 grams per square meter but 
not more than 150 grams per square meter; that either is a white 
paper with a GE brightness level \1\ of 85 or higher or is a colored 
paper; whether or not surface-decorated, printed (except as 
described below), embossed, perforated, or punched; irrespective of 
the smoothness of the surface; and irrespective of dimensions 
(Certain Uncoated Paper).
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    \1\ One of the key measurements of any grade of paper is 
brightness. Generally speaking, the brighter the paper the better 
the contrast between the paper and the ink. Brightness is measured 
using a GE Reflectance Scale, which measures the reflection of light 
off a grade of paper. One is the lowest reflection, or what would be 
given to a totally black grade, and 100 is the brightest measured 
grade. ``Colored paper'' as used in this scope definition means a 
paper with a hue other than white that reflects one of the primary 
colors of magenta, yellow, and cyan (red, yellow, and blue) or a 
combination of such primary colors.
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    Certain Uncoated Paper includes (a) uncoated free sheet paper 
that meets this scope definition; (b) uncoated ground wood paper 
produced from bleached chemi-thermo-mechanical pulp (BCTMP) that 
meets this scope definition; and (c) any other uncoated paper that 
meets this scope definition regardless of the type of pulp used to 
produce the paper.
    Specifically excluded from the scope are (1) paper printed with 
final content of printed text or graphics and (2) lined paper 
products, typically school supplies, composed of paper that 
incorporates straight horizontal and/or vertical lines that would 
make the paper unsuitable for copying or printing purposes. For 
purposes of this scope definition, paper shall be considered 
``printed with final content'' where at least one side of the sheet 
has printed text and/or graphics that cover at least five percent of 
the surface area of the entire sheet.
    Imports of the subject merchandise are provided for under 
Harmonized Tariff Schedule of the United States (HTSUS) categories 
4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 
4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 
4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of 
subject merchandise may also be classified under 4802.62.1000, 
4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 
4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 
and 4811.90.9080. While HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of the investigation is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. List of Comments
V. Discussion of Comments
    Comment 1: Treatment of Re-Exported Sales to Company X \15\
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    \15\ Because the identity of Company X is business proprietary 
information, for further discussion, please see International 
Paper's Case Brief at 2-8, and Suzano's Case Brief at 24-5.
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    Comment 2: Biological Asset Fair Value Adjustment (``BAFVA'') 
and Cost of Production
    Comment 3: International Paper's Level of Trade (``LOT'')
    Comment 4: Suzano's LOT
    Comment 5: Treatment of IPI and ICMS ST Taxes
    Comment 6: Treatment of INSS Taxes
    Comment 7: Inland Insurance
    Comment 8: Bank Charges
    Comment 9: Late Payment Fees, Rebate Expenses, and Other 
Expenses for Home Market Sales
    Comment 10: Interest Income and Calculation of Financial Expense 
Rate
    Comment 11: Corrections to U.S. Selling Expenses and Movement 
Expenses
    Comment 12: U.S. Indirect Selling Expenses
VI. Conclusion

[FR Doc. 2016-01028 Filed 1-19-16; 8:45 am]
BILLING CODE 3510-DS-P