[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67438-67439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25781]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-842]


Certain Uncoated Paper From Brazil: Notice of Initiation and 
Preliminary Results of Antidumping Duty Changed Circumstances Review

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

SUMMARY: The Department of Commerce (Commerce) is initiating a changed 
circumstances review (CCR) of the antidumping duty (AD) order on 
certain uncoated paper (uncoated paper) from Brazil. Further, Commerce 
preliminarily determines that Sylvamo do Brasil Ltda. (SVBR) is the 
successor-in-interest to International Paper do Brasil Ltda. (IP) and 
that Sylvamo Exports Ltda. (SVEX) is the successor-in-interest to 
International Paper Exportadora Ltda. (IPEX). Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable November 26, 2021.

FOR FURTHER INFORMATION CONTACT: Christopher Maciuba, 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) 482-5831.

SUPPLEMENTARY INFORMATION:

Background

    On March 3, 2016, Commerce published in the Federal Register an AD 
order on uncoated paper from Brazil.\1\ We assigned IP and IPEX 
(collectively, International Paper) a cash deposit rate of 41.39 
percent.\2\ International Paper last received a calculated rate, in the 
third administrative review of this proceeding, of 20.80 percent.\3\ On 
October 4, 2021, Commerce received a request on behalf of SVBR and SVEX 
(collectively, Sylvamo) for an expedited CCR to establish SVBR and SVEX 
as the successors-in-interest to IP and IPEX, respectively.\4\ Sylvamo 
asked that it be subject to International Paper's AD margin for 
uncoated paper from Brazil. No interested parties filed comments 
opposing the CCR request.
---------------------------------------------------------------------------

    \1\ 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).
    \2\ Id., 81 FR at 11176.
    \3\ See Certain Uncoated Paper from Brazil: Final Results of 
Antidumping Duty Administrative Review; 2018-2019, 86 FR 7254 
(January 27, 2021).
    \4\ See Sylvamo's Letter, ``Request for Changed Circumstances 
Review and Successor-in-Interest Determination,'' dated October 4, 
2021.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is uncoated paper. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    We are conducting this CCR in accordance with section 751(b)(1) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216. For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum.\5\ A list of the 
topics discussed 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. In addition, a complete version of the 
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Decision Memorandum for the Initiation and 
Preliminary Results of the Changed Circumstances Review of the 
Antidumping Duty Order on Certain Uncoated Paper from Brazil,'' 
dated concurrently with this notice.
---------------------------------------------------------------------------

Initiation and Preliminary Results of CCR

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), 
Commerce will conduct a CCR upon receipt of information concerning, or 
a request from an interested party for a review of, an AD order which 
shows changed circumstances sufficient to warrant a review of the 
order.
    We find that the information regarding IP and IPEX's name changes 
to SVBR and SVEX, respectively, demonstrates changed circumstances 
sufficient to warrant a CCR with respect to the Order. Therefore, we 
are initiating a CCR to determine whether SVBR and SVEX are the 
successors-in-interest to IP and IPEX, respectively, for purposes of 
the Order.
    Pursuant to 19 CFR 351.221(c)(3)(ii)), Commerce may combine the 
notice of initiation of a CCR and the notice of preliminary results of 
a CCR into a single notice if Commerce concludes that expedited action 
is warranted. We have on the record the information necessary to make a 
preliminary finding and, therefore, we find that expedited action is 
warranted. Consequently, we are combining the initiation of the CCR 
described above and our preliminary results.
    In determining whether one company is the successor to another for 
AD purposes, Commerce examines a number of factors including, but not 
limited to, changes in: (1) Management; (2) production facilities; (3) 
suppliers; and (4) customer base.\6\ While no single factor or 
combination of factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, Commerce will 
generally consider one company to be the successor to a previous 
company if its resulting operations are not materially dissimilar to 
those of its predecessor.\7\ Thus, if the evidence demonstrates that, 
with respect to the production and sale of the subject merchandise, the 
company, in its current form, operates as essentially the same business 
entity as the prior company, Commerce will assign the new company the 
cash deposit rate of its predecessor.\8\
---------------------------------------------------------------------------

    \6\ See Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review: Multilayered Wood Flooring from the 
People's Republic of China, 79 FR 48117 (August 15, 2014), unchanged 
in Multilayered Wood Flooring from the People's Republic of China: 
Final Results of Changed Circumstances Review, 79 FR 58740 
(September 30, 2014).
    \7\ Id.
    \8\ See, e.g., Certain Preserved Mushrooms from India: 
Initiation and Preliminary Results of Changed-Circumstances Review, 
67 FR 78416 (December 24, 2002), unchanged in Certain Preserved 
Mushrooms from India: Final Results of Changed-Circumstances Review, 
68 FR 6884 (February 11, 2003); and Fresh and Chilled Atlantic 
Salmon from Norway: Final Results of Changed Circumstances 
Antidumping Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
---------------------------------------------------------------------------

    Sylvamo provided evidence that: (1) IP and IPEX's names changed to 
SVBR and SVEX, respectively, in August 2021, and the companies were 
transferred from their ultimate parent company, the International Paper 
Company, to a new parent company, Sylvamo Corp., in October 2021; \9\ 
and (2) there were no significant changes to management,\10\

[[Page 67439]]

production facilities,\11\ suppliers,\12\ or customer base.\13\ Based 
on these facts, which are explained in greater detail in the 
accompanying Preliminary Decision Memorandum, we preliminarily 
determine that SVBR and SVEX are the successors-in-interest to IP and 
IPEX, respectively, for purposes of the Order, and, thus, Sylvamo is 
the successor-in-interest to International Paper.
---------------------------------------------------------------------------

    \9\ See CCR Letter at 2.
    \10\ Id. at Attachments 9, 10, 12, and 13.
    \11\ Id. at Attachment 11.
    \12\ Id. at Attachment 16.
    \13\ Id. at Attachment 14.
---------------------------------------------------------------------------

    Should our final results of review remain unchanged from these 
preliminary results of review, we will instruct U.S. Customs and Border 
Protection to apply International Paper's cash deposit rate to Sylvamo.

Public Comment

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 14 days of publication of this notice.\14\ In accordance 
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case 
briefs not later than 14 days after the date of publication of this 
notice.\15\ Rebuttal briefs, limited to issues raised in case briefs, 
may be filed not later than seven days after the due date for case 
briefs, in accordance with 19 CFR 351.309(d).\16\ Parties who submit 
case briefs or rebuttal briefs in this CCR are requested to submit with 
each argument: (1) A statement of the issues; (2) a brief summary of 
the arguments; and (3) a table of authorities.\17\
---------------------------------------------------------------------------

    \14\ Commerce is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \15\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
    \17\ See 19 CFR 351.309(c)(2).
---------------------------------------------------------------------------

    Hearing requests should contain the following information: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. 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 the time of the hearing two days before the scheduled 
date.
    All submissions must be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS), and must also be served on interested 
parties.\18\ An electronically-filed document must be received 
successfully in its entirely by ACCESS by 5:00 p.m. Eastern Time (ET) 
on the due date.\19\ Note that Commerce has temporarily modified 
certain requirements for serving documents containing business 
proprietary information, until further notice.\20\
---------------------------------------------------------------------------

    \18\ ACCESS is available to registered users at https://access.trade.gov.
    \19\ See 19 CFR 351.303(b).
    \20\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of this CCR no later than 270 days after the date on which this 
reviews was initiated, or within 45 days of publication of these 
preliminary results, if all parties agree to the preliminary findings.

Notification to Interested Parties

    We are issuing and publishing this initiation and preliminary 
results notice in accordance with section 751(b)(1) and 777(i)(1) of 
the Act, and 19 CFR 351.216(b) and 351.221(c)(3).

    Dated: November 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Successor-in-Interest Determination
V. Recommendation

[FR Doc. 2021-25781 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-DS-P