[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52810-52811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22575]



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



DEPARTMENT OF COMMERCE



International Trade Administration



[A-471-807]




Certain Uncoated Paper From Portugal: Final Results of 

Antidumping Duty Administrative Review; 2015-2017



AGENCY: Enforcement and Compliance, International Trade Administration, 

Department of Commerce.



SUMMARY: The Department of Commerce (Commerce) is amending its final 

results of the administrative review of the antidumping duty (AD) order 

on certain uncoated paper from Portugal to correct a ministerial error.



DATES: Applicable October 18, 2018.



FOR FURTHER INFORMATION CONTACT: Carrie Bethea, 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) 482-1491.



SUPPLEMENTARY INFORMATION:



Background



    On August 13, 2018, the Department of Commerce (Commerce) published 

its Final Results of the first administrative review of the antidumping 

duty order on certain uncoated paper from Portugal.\1\ Also on August 

13, 2018, The Navigator Company, S.A. (Navigator), the respondent in 

this administrative review, submitted comments alleging ministerial 

errors in Commerce's Final Results.\2\ On August 22, 2018, United 

Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied 

Industrial Service Workers International Union, AFL-CIO, CLC (USW); and 

the Packaging Corporation of America (PCA) (collectively, the 

petitioners), submitted a reply rebutting Navigator's ministerial error 

allegation.\3\ Following the comment period, Navigator contested 

Commerce's Final Results before the Court of International Trade. As 

such, Commerce obtained leave of court to consider Navigator's 

ministerial allegations.

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



    \1\ See Certain Uncoated Paper from Portugal: Final Results of 

Antidumping Duty Administrative Review; 2015-2017, 83 FR 39982 

(August 13, 2018) (Final Results), and accompanying Issues and 

Decision Memorandum (IDM).

    \2\ See Navigator's Letter, ``Ministerial Error Allegation,'' 

dated August 13, 2018 (Navigator Ministerial Error Allegation).

    \3\ See Petitioners' Letter, ``Petitioners' Response to 

Navigator's Ministerial Error Allegation,'' dated August 22, 2018 

(Petitioners' Ministerial Error Response).

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



Amendment to Final Results



    Commerce reviewed the record and agrees in part with Navigator that 

it committed a ministerial error in our application of AFA.\4\ In our 

Final Results, Commerce commited an inadvertent error within the 

meaning of section 735(e) of the Tariff Act of 1930 (the Act) and 19 

CFR 351.224(f).\5\ Therfore, pursuant to 19 CFR 351.224(e), Commerce is 

amending the Final Results to reflect the correction of this 

ministerial error in the calculation of the final margin assigned to 

Navigator, which changes from 37.34 percent to 1.75 percent.\6\

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



    \4\ See Memorandum, ``Ministerial Error Memorandum for the 

Amended Final Results of the First Administrative Review,'' signed 

concurrently with this notice.

    \5\ Id.

    \6\ See Memorandum, ``Amended Final Determination Calculations 

for the Navigator Company, S.A.,'' dated October XX, 2018.

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



    Commerce also agrees with Navigator that we incorrectly published 

the period of review (POR) in the ``Final Results of Review'' section 

in the Final Results, which should have been stated as the period of 

August 26, 2015, through February 28, 2017. These amended final results 

of the review reflect the correct POR throughout.



Amended Final Results of the Review



    We determine that, for the period of August 26, 2015, through 

February 28, 2017, the following weighted-average dumping margin 

exists:



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

                                                            Weighted-

                                                         average dumping

                   Exporter/producer                          margin

                                                            (percent)

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

The Navigator Company, S.A.............................            1.75

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



Disclosure



    We intend to disclose the calculation performed for these amended 

final results in accordance with 19 CFR 351.224(b).



Duty Assessment



    Commerce shall determine, and U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties on all appropriate entries 

covered by this review.



[[Page 52811]]



    In accordance with Commerce's ``automatic assessment'' practice, 

for entries of subject merchandise during the POR produced by Navigator 

for which it 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 if there is no rate for the intermediate company(ies) 

involved in the transaction.

    We intend to issue instructions to CBP 15 days after the 

publication date of the final results of this review.



Cash Deposit Requirements



    The following cash deposit requirements will be effective upon 

publication of the notice of final results of administrative review 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 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 investigation.\7\ These cash deposit requirements, 

when imposed, shall remain in effect until further notice.

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



    \7\ 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 also 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 the Secretary's presumption that 

reimbursement of antidumping and/or countervailing duties occurred and 

the subsequent assessment of doubled antidumping duties.



Administrative Protective Order



    This notice also serves as a reminder to parties subject to 

administrative protective orders (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.

    We are issuing and publishing this notice in accordance with 

section 735(e) of the Act and 19 CFR 351.224(e) and (f).



    Dated: October 9, 2018.

Gary Taverman,

Deputy Assistant Secretary for Antidumping and Countervailing Duty 

Operations, performing the non-exclusive functions and duties of the 

Assistant Secretary for Enforcement and Compliance.

[FR Doc. 2018-22575 Filed 10-17-18; 8:45 am]

BILLING CODE 3510-DS-P