[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18550-18552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06915]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-842]


Certain Uncoated Paper From Brazil: Preliminary Results of 
Administrative Review of the Antidumping Duty Order; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
sales of certain uncoated paper (uncoated paper) from Brazil were made 
at less than normal value during the period of review (POR) March 1, 
2018 through February 28, 2019. We invite interested parties to comment 
on these preliminary results.

DATES: Applicable April 1, 2020.

FOR FURTHER INFORMATION CONTACT: Jerry Huang or Justin Neuman, 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) 482-4047 or (202) 482-0486, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 29, 2019, Commerce initiated an administrative review of the 
antidumping duty order on uncoated paper from Brazil in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This 
review covers two producers/exporters of the subject merchandise: 
Suzano Papel e Celulose S.A. (Suzano) and International Paper do Brasil 
Ltda. (IP)/International Paper Exportadora Ltda. (IPEX) (collectively, 
International Paper).\2\ For details regarding the events

[[Page 18551]]

that occurred subsequent to the initiation of the review, see the 
Preliminary Decision Memorandum.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 24743 (May 29, 2019).
    \2\ In the investigation, we determined that IP and IPEX 
constituted a single entity. Because no interested parties submitted 
comments on this issue, and in the absence of any new information 
regarding this finding, Commerce is continuing to find that IP and 
IPEX are affiliated, pursuant to sections 771(33)(E) and (F) of the 
Act, and are considered a single entity, pursuant to 19 CFR 
351.401(f). 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), and accompanying 
Preliminary Decision Memorandum at ``Affiliation Determinations,'' 
unchanged in Certain Uncoated Paper From Brazil: Final Determination 
of Sales at Less Than Fair Value, 81 FR 3115 (January 20, 2016).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Uncoated Paper from Brazil; 2018-2019,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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    Pursuant to section 751(a)(3)(A) of the Act, Commerce determined 
that it was not practicable to complete the preliminary results of this 
review within 245 days and extended the preliminary results by 117 
days, until March 27, 2020.\4\
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    \4\ See Memorandum, ``Third Antidumping Duty Administrative 
Review of Certain Uncoated Paper from Brazil: Extension of Deadline 
for Preliminary Results of Antidumping Duty Administrative Review,'' 
dated November 25, 2019.
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Scope of the Order

    The products covered by this order are certain uncoated paper 
products 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) of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum. A 
list of 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 is available to all 
parties in the Central Records Unit, Room B8024 of the main Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum is available at http://enforcement.trade.gov/frn/. The 
signed and electronic versions of the Preliminary Decision Memorandum 
are identical in content.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the respondents for the period March 1, 2018 
through February 28, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Suzano Papel e Celulose S.A.................................       17.05
International Paper do Brasil Ltda. and International Paper         0.00
 Exportadora Ltda...........................................
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Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. If International Paper's or Suzano's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent) in the final results of this review, we will 
calculate importer-specific ad valorem antidumping duty 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 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 a 
respondent'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 the final results of this review and for future 
deposits of estimated duties, where applicable.\5\
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    \5\ 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 
International Paper or Suzano for which the companies 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.\6\
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    \6\ 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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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

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 
finals results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rates for International 
Paper and Suzano in the final results of review will be equal to the 
weighted-average dumping margin established in the final results of 
this administrative review; (2) for merchandise exported by producers 
or exporters not covered in this 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 in which they were reviewed; (3) if the exporter is 
not a firm covered in this review or the original 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; (4) the cash deposit rate for all other 
producers or exporters will continue to be 27.11 percent,\7\ the all-
others rate established in the less-than-fair-value investigation. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \7\ 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).
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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.\8\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\9\ 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.\10\ Case and rebuttal briefs should be filed using ACCESS 
\11\ and must be served on interested parties.\12\ Executive summaries 
should be limited to five pages total, including footnotes. Note that 
Commerce has temporarily modified certain of its

[[Page 18552]]

requirements for serving documents containing business proprietary 
information, until May 19, 2020, unless extended.\13\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See generally 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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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 and rebuttal briefs.

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 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).

Notification to Importers

    This notice also 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 doubled 
antidumping duties.

Notification to Interested Parties

    This administrative review and notice 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 27, 2020.
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
V. Product Comparisons
VI. Date of Sale
VII. Treatment of Re-Export Sales
VIII. Export Price/Constructed Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation

[FR Doc. 2020-06915 Filed 4-1-20; 8:45 am]
BILLING CODE 3510-DS-P