[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Pages 30000-30002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11787]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842]
Certain Uncoated Paper From Brazil: Preliminary Results of the
Antidumping Duty Administrative Review and Preliminary Successor-in-
Interest Determination; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
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,
2019, through February 29, 2020. We invite interested parties to
comment on these preliminary results.
DATES: Applicable June 4, 2021.
FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2020, 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 one producer/exporter of subject
[[Page 30001]]
merchandise: Suzano S.A. (Suzano).\2\ For details regarding of the
events that occurred subsequent to the initiation of this review, see
the Preliminary Decision Memorandum.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 26931 (May 6, 2020) (Initiation
Notice).
\2\ On August 17, 2020, we rescinded this review with respect
to: International Paper do Brasil Ltda. and International Paper
Exportadora Ltda. See Certain Uncoated Paper from Brazil: Partial
Rescission of Antidumping Duty Administrative Review; 2019-2020, 85
FR 50008 (August 17, 2020).
\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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On July 21, 2020, Commerce exercised its discretion to toll
administrative review deadlines by 60 days.\4\ In addition, pursuant to
section 751(a)(3)(A) of the Act, Commerce determined it was not
practicable to complete the preliminary results of this review within
the 245 days and extended the deadline for these preliminary results
until May 28, 2021.\5\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\5\ See Memorandum, ``Certain Uncoated Paper from Brazil:
Extension of Deadline for Preliminary Results of 2019-2020
Antidumping Duty Administrative Review,'' dated January 8, 2021.
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Scope of the Order 6
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\6\ 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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The products covered by the Order are certain uncoated paper
products from Brazil. For a full description of the scope, see the
Preliminary Decision Memorandum.\7\
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\7\ On January 27, 2021, Commerce preliminarily found that rolls
of certain uncoated paper from Brazil were being further processed
in the United States into individual sheets of uncoated paper that
would be subject to the Order. Commerce intends to make a final
finding as to whether these uncoated paper rolls are within the
scope of this proceeding prior to the issuance of the final results
of this administrative review. For further details, see the
Preliminary Decision Memorandum.
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Preliminary Results of Successor-in-Interest Analysis
Suzano reported that, during the POR, it changed its name from
Suzano Papel e Celulose S.A. to Suzano S.A. Based on our analysis of
the information on the record regarding any changes with respect to
corporate structure, manufacturing facilities, customers, and
suppliers, we preliminarily determine that Suzano S.A. is the
successor-in-interest to Suzano Papel e Celulose S.A., and, as a
result, should be accorded the same treatment previously accorded to
Suzano Papel e Celulose S.A. See the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a) of 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 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 http://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum is
available at http://enforcement.trade.gov/frn.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margin exists for the period March 1, 2019, through February 29, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Suzano S.A................................................. 19.40
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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. If
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 Suzano'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.\8\
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\8\ 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
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) \9\ if there is no rate for
the intermediate company(ies) involved in the transaction.\10\
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\9\ See Order.
\10\ 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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Consistent with its recent notice,\11\ 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).
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\11\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (January
15, 2021).
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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 rate for 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,
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 producers or
exporters not covered in this review, but covered in a prior segment of
the proceeding, then the cash deposit rate will be the company-specific
rate published for the most recently-completed segment in which they
were reviewed; (3) if the exporter is not a firm covered in this review
or the original
[[Page 30002]]
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; (4) the cash deposit
rate for all other producers or exporters will continue to be 27.11
percent,\12\ the all-others rate established in the LTFV investigation.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\12\ See Order, 81 FR at 11176.
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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.\13\
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.\14\ 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.\15\ Case and rebuttal briefs should be filed using ACCESS
\16\ and must be served on interested parties.\17\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
\18\ See Temporary Rule.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\19\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\20\ If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310.
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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 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: May 28, 2021.
Christian Marsh,
Acting 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. Preliminary Successor-in-Interest Determination
V. Duty Absorption
VI. Discussion of the Methodology
VII. Product Comparisons
VIII. Date of Sale
IX. Treatment of Re-Export Sales
X. Export Price/Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2021-11787 Filed 6-3-21; 8:45 am]
BILLING CODE 3510-DS-P