[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Notices]
[Pages 58548-58549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18522]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-471-807]


Certain Uncoated Paper From Portugal: Final 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) determines that The 
Navigator Company, S.A. (Navigator) made sales of certain uncoated 
paper (uncoated paper) from Portugal in the United States at less than 
normal value during the period of review (POR) March 1, 2021, through 
February 28, 2022.

DATES: Applicable August 28, 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 April 6, 2023, Commerce published the preliminary results of 
this administrative review covering one producer/exporter, 
Navigator.\1\ We invited interested parties to comment on the 
Preliminary Results. On August 2, 2023, Commerce extended the time 
period for issuing the final results of this review until August 22, 
2023.\2\ For a complete description of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper from Portugal: Preliminary 
Results of the Administrative Review of the Antidumping Duty Order; 
2021-2022, 88 FR 20484 (April 6, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated August 2, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order: Certain Uncoated Paper from Portugal; 2021-2022,'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 4
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    The product covered by this Order is certain uncoated paper from 
Portugal. For a full description of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached to this notice as an appendix. The Issues and 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, we have recalculated the weighted-average dumping 
margin for Navigator. Specifically, we have used weight-averaged 
quarterly costs in determining Navigator's dumping margin. We also made 
changes in calculating certain rebate caps for Navigator's home market 
sales. For a more detailed discussion of these changes, see the Issues 
and Decision Memorandum.

Final Results of Review

    Commerce determines 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..............................            7.11
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with the final results within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final determination in 
the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review.
    Because Navigator's weighted-average dumping margin is not zero or 
de minimis (i.e., less than 0.5 percent), Commerce has calculated 
importer-specific antidumping duty assessment rates. We calculated 
importer-specific ad valorem assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales. Where an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    For entries of subject merchandise during the POR produced by 
Navigator for which it did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate unreviewed entries 
at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\5\
---------------------------------------------------------------------------

    \5\ 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.

[[Page 58549]]

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 Navigator will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by producers or exporters not 
covered in this administrative 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; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original less-than-fair-value (LTFV) 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 7.80 percent, the all-others rate established in the 
LTFV investigation.\6\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \6\ See Certain Uncoated Paper from Portugal: Final 
Determination of Sales at Less than Fair Value and Final Negative 
Determination of Critical Circumstances, 81 FR 3105 (January 20, 
2016).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final 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 has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: August 22, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Grant Navigator a Constructed 
Export Price (CEP) Offset
    Comment 2: Whether Commerce Should Use Navigator's Consolidated 
Quarterly Costs Instead of the Mill Specific Costs
    Comment 3: Capping of Rebates
VI. Recommendation

[FR Doc. 2023-18522 Filed 8-25-23; 8:45 am]
BILLING CODE 3510-DS-P