[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20484-20486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07114]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-471-807]


Certain Uncoated Paper From Portugal: Preliminary Results of 
Administrative Review; 2021-2022

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


[[Page 20485]]


SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on certain uncoated 
paper (uncoated paper) from Portugal with respect to one exporter/
producer of subject merchandise. The period of review (POR) is March 1, 
2021, through February 28, 2022. Commerce preliminarily finds that 
sales of uncoated paper from Portugal were made at less than normal 
value during the POR. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable April 6, 2023.

FOR FURTHER INFORMATION CONTACT: Eric Hawkins, 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) 482-1988.

SUPPLEMENTARY INFORMATION: 

Background

    On May 13, 2022, Commerce initiated an administrative review of the 
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).
---------------------------------------------------------------------------

    \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, 87 FR 29280 (May 13, 2022).
---------------------------------------------------------------------------

    On November 3, 2022, Commerce extended the deadline for the 
preliminary results until March 31, 2023.\3\ For a complete description 
of the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Certain Uncoated Paper from Portugal: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review, 2021-2022,'' dated November 3, 2022.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Uncoated Paper from Portugal; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is certain uncoated paper from 
Portugal. For a complete 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 on file electronically 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 Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period March 1, 2021, through February 
28, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
The Navigator Company, S.A.................................        8.18
------------------------------------------------------------------------

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. Pursuant 
to 19 CFR 351.212(b)(1), 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 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. If Navigator's weighted-average dumping margin is zero or de 
minimis, or if an importer-specific assessment rate 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 and for future deposits of 
estimated duties, where applicable.\5\
---------------------------------------------------------------------------

    \5\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 a company 
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 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

[[Page 20486]]

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.
---------------------------------------------------------------------------

    \8\ See Order.
---------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results or, if 
there is no public announcement, within five days of the date of 
publication of this notice.\9\ 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.\10\ Parties who submit case 
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\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\14\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(d); 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.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must d submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS.\15\ Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of the 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the 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. A hearing request must be filed electronically 
using ACCESS and received in its entirety by 5:00 p.m. Eastern Time 
within 30 days after publication of this notice.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
---------------------------------------------------------------------------

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 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

    Commerce is issuing and publishing these results 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 30, 2023.
Abdelali Elouaradia,
Deputy 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. Currency Conversion
VI. Recommendation

[FR Doc. 2023-07114 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P