[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Notices]
[Pages 19480-19482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07000]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-471-807]


Certain Uncoated Paper From Portugal: Preliminary Results of the 
Administrative Review of the Antidumping Duty Order; 2020-2021

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 Portugal were 
made at less than normal value during the period of review (POR) March 
1, 2020, through February 28, 2021. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable April 4, 2022.

FOR FURTHER INFORMATION CONTACT: Robert Scully, 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) 482-0572.

SUPPLEMENTARY INFORMATION:

Background

    On May 5, 2021, Commerce initiated an administrative review of the

[[Page 19481]]

antidumping duty order on uncoated paper from Portugal,\1\ in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).\2\ This review covers one producer/exporter of subject 
merchandise, The Navigator Company, S.A. (Navigator). For details 
regarding the events that occurred subsequent to the initiation of the 
review, see the Preliminary Decision Memorandum.\3\
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    \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\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 23925 (May 5, 2021).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Uncoated Paper from Portugal, 2020-2021,'' 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 the 245 days and extended these preliminary results by 
120 days, until March 31, 2022.\4\
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    \4\ See Memorandum, ``Certain Uncoated Paper from Portugal: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review,'' dated October 18, 2021.
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Scope of the Order

    The products covered by the Order are certain uncoated paper 
products from Portugal. 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. We calculated constructed export price in accordance 
with section 772 of the Act. We calculated normal value 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 https://access.trade.gov. In addition, 
a complete version of the Preliminary Decision Memorandum is available 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period March 1, 2020, through February 
28, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
The Navigator Company, S.A..................................        5.81
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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 
Navigator'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 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 
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 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 established in the original less-than-fair value (LTFV) 
investigation (i.e., 7.80 percent) \6\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\7\
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    \6\ See Order.
    \7\ 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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    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).

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 Navigator 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, 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 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 7.80 percent,\8\ 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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    \8\ See Order.
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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.\9\ 
Interested parties will be notified of the deadline for the submission 
of case briefs at a later date. 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.\10\ Parties who submit case

[[Page 19482]]

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.\11\ Case and rebuttal 
briefs should be filed using ACCESS \12\ and must be served on 
interested parties.\13\ 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.\14\
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    \9\ See 19 CFR 351.224(b).
    \10\ 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).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See generally 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ 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.\15\ 
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.\16\ 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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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon in the final results.\17\ Normally, 
Commerce verifies information using standard procedures, including an 
on-site examination of original accounting, financial, and sales 
documentation. However, due to current travel restrictions in response 
to the global COVID-19 pandemic, Commerce is unable to conduct on-site 
verification in this administrative review. Accordingly, we intend to 
verify the information relied upon for the final results through 
alternative means in lieu of an on-site verification.
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    \17\ Commerce received a timely request to verify from Domtar 
Corporation, North Pacific Paper Company, and Finch Paper LLC 
(collectively, the petitioners). See Petitioners' Letter, ``Uncoated 
Paper from Portugal: Petitioners' Request for Verification,'' dated 
August 12, 2021.
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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: March 28, 2022.
Lisa W. Wang,
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. Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2022-07000 Filed 4-1-22; 8:45 am]
BILLING CODE 3510-DS-P