[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20478-20479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07248]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-842]


Certain Uncoated Paper From Brazil: Preliminary Results of 
Antidumping Duty Administrative Review; 2021-2022

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

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 Brazil with respect to two exporters/
producers of subject merchandise. The period of review (POR) is March 
1, 2021, through February 28, 2022. Commerce preliminarily finds that 
certain sales of uncoated paper from Brazil were made at less than 
normal value. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable April 6, 2023.

FOR FURTHER INFORMATION CONTACT: Christopher Maciuba or Nathan James, 
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) 482-0413 or (202) 
482-5305, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 13, 2022, Commerce initiated an administrative review of the 
antidumping duty order on uncoated paper from Brazil,\1\ in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).\2\ 
This review covers two producers/exporters of subject merchandise, 
Suzano S.A. (Suzano) \3\ and Sylvamo do Brasil Ltda. (SVBR)/Sylvamo 
Exports Ltda. (SVEX) (collectively, Sylvamo).\4\
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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, 87 FR 29280 (May 13, 2022).
    \3\ Commerce previously determined that Suzano is the successor-
in-interest to Suzano Papel e Celulose S.A. See Certain Uncoated 
Paper from Brazil: Final Results of Antidumping Duty Administrative 
Review; 2019-2020, 86 FR 55820 (October 7, 2021).
    \4\ Commerce previously determined that SVBR is the successor-
in-interest to International Paper do Brasil Ltda. and that SVEX is 
the successor-in-interest to International Paper Exportadora Ltda. 
See Certain Uncoated Paper from Brazil: Final Results of Antidumping 
Duty Changed Circumstances Review, 87 FR 1395 (January 11, 2022).
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    On November 15, 2022, Commerce extended the deadline for these 
preliminary results until March 31, 2023.\5\ For a complete description 
of the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\6\
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated November 
15, 2022.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Uncoated Paper from Brazil; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is uncoated paper. For a full 
description of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export price and 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 
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 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 can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

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

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Suzano S.A..............................................            7.17
Sylvamo do Brasil Ltda./Sylvamo Exports Ltda............            0.00
------------------------------------------------------------------------

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 covered by 
this review. Pursuant to 19 CFR 351.212(b)(1), if the weighted-average 
dumping margin for Suzano or Sylvamo is not zero or de minimis (i.e., 
less than 0.50 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 either respondent's 
weighted-average dumping margin is zero or de minimis in the final 
results of review, or if an importer-specific assessment rate is zero 
or de minimis, Commerce will instruct CBP to liquidate 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.\7\
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    \7\ 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 or 
Sylvamo 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) \8\ if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\9\
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    \8\ See Order, 81 FR at 11176.
    \9\ 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

[[Page 20479]]

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 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
listed above will be equal to the weighted-average dumping margins 
established in the final results of this 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 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 in 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; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
27.11 percent, the all-others rate established in the LTFV 
investigation.\10\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \10\ 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 or, if 
there is no public announcement, within five days of the date of 
publication of this notice.\11\ 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.\12\ 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.\13\ Executive summaries 
should be limited to five pages total, including footnotes. Case and 
rebuttal briefs should be filed using ACCESS and must be served on 
interested parties.\14\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\15\
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    \11\ See 19 CFR 351.224(b).
    \12\ 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).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
    \14\ See 19 CFR 351.303(f).
    \15\ See Temporary Rule.
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    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.\16\ 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 case 
and rebuttal briefs.\17\ 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 the 
publication of this notice.
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    \16\ See 19 CFR 351.310(c).
    \17\ 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, no 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 double 
antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213 and 19 CFR 
351.221(b)(4).

    Dated: March 31, 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. 2023-07248 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P