[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22435-22437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10284]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-471-807]
Certain Uncoated Paper From Portugal: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain uncoated paper (uncoated paper) from Portugal is being, or
is likely to be sold, at less than normal value during the period of
review (POR), March 1, 2017, through February 28, 2018.
DATES: Applicable May 17, 2019.
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
Commerce is conducting an administrative review of the antidumping
duty order on uncoated paper from Portugal in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). The
review covers one producer/exporter of the subject merchandise, The
Navigator Company, S.A. (Navigator). Interested parties are invited to
comment on these preliminary results.\1\
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\1\ Commerce exercised its discretion to toll all deadlines
affected by the partial federal government closure from December 22,
2018, through the resumption of operations on January 29, 2019. If
the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the preliminary results is now May 8, 2019.
See Memorandum to the Record from 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, ``Deadlines Affected by
the Partial Shutdown of the Federal Government,'' dated January 28,
2019. All deadlines in this segment of the proceeding have been
extended by 40 days.
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[[Page 22436]]
Scope of the Order
The product covered by this review is uncoated paper from Portugal.
For a full description of the scope, see the Preliminary Decision
Memorandum dated concurrently with and hereby adopted by this
notice.\2\
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\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Uncoated
Paper from Portugal; 2017-2018,'' dated concurrently with this
notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum. A
list of the topics included in the Preliminary Decision Memorandum is
included as an appendix 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, and it is available to
all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
We preliminarily determine that, for the period of March 1, 2017,
through February 28, 2018, the following weighted-average dumping
margin exists:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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The Navigator Company, S.A.................................. 5.96
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.
Commerce will establish a deadline for interested parties to submit
case briefs and rebuttal briefs at a later date.\3\ Parties who submit
case briefs or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) A statement of the issue, (2) a brief
summary of the argument, and (3) a table of authorities. Case and
rebuttal briefs should be filed using ACCESS.
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\3\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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Pursuant to 19 CFR 351.310(c), 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. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days after the date of publication of
this notice. Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. Commerce intends to issue
the final results of this administrative review, including the results
of its analysis of the issues raised in any written briefs, not 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).
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. If
Navigator's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.5 percent), we will calculate an importer-specific
ad valorem antidumping duty assessment rate 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 in accordance with 19 CFR
351.212(b)(1). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is not
zero or de minimis. If Navigator's weighted-average dumping margin is
zero or de minimis, we will instruct CBP to liquidate the 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 where applicable.
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.\4\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\4\ 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).
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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 the Secretary's presumption that
reimbursement of antidumping duties occurred and increase the
subsequent assessment of
[[Page 22437]]
the antidumping duties by the amount of the antidumping duties
reimbursement.
The preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: May 7, 2019.
Jeffrey I. Kessler,
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
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
V. Product Comparisons
VI. Date of Sale
VII. Export Price and Constructed Export Price
VIII. Normal Value
A. Home Market Viability as Comparison Market
B. Level of Trade
C. Cost of Production
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of Normal Value Based on Comparison Market Prices
IX. Partial Application of Facts Available
X. Currency Conversion
XI. Recommendation
[FR Doc. 2019-10284 Filed 5-16-19; 8:45 am]
BILLING CODE 3510-DS-P