[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70647-70648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22574]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-842]


Certain Uncoated Paper From Brazil: 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 
Suzano S.A. made sales of subject merchandise at prices below normal 
value during the period of review (POR) March 1, 2021, through February 
28, 2022. Commerce also determines that Sylvamo do Brasil Ltda. and 
Sylvamo Exports Ltda. (collectively, Sylvamo) did not make sales of 
subject merchandise at prices below normal value during the POR.

DATES: Applicable October 12, 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 April 6, 2023, Commerce published the Preliminary Results, and 
invited interested parties to comment.\1\ On July 19, 2023, we extended 
the deadline for these final results to October 3, 2023.\2\ For a 
complete description of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\3\ Commerce conducted 
this administrative review in accordance with section 751 of the Tariff 
Act of 1930, as amended (the Act).
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    \1\ See Certain Uncoated Paper from Brazil: Preliminary Results 
of the Antidumping Duty Administrative Review; 2021-2022, 88 FR 
20478 (April 6, 2023) (Preliminary Results).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
the 2021-2022 Antidumping Duty Administrative Review,'' dated July 
19, 2023.
    \3\ See Memorandum, ``Certain Uncoated Paper from Brazil: Issues 
and Decision Memorandum for the Final Results of the Administrative 
Review of the Antidumping Duty Order; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 4

    The product covered by this Order is certain uncoated paper from 
Brazil. For

[[Page 70648]]

a full description of the scope, see the Issues and Decision 
Memorandum.
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    \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).
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Analysis of Comments Received

    We addressed the issue raised in the case and rebuttal brief in the 
Issues and Decision Memorandum. The issue 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

    Following a review of the record and comments received from 
interested parties, we have made no changes to the Preliminary Results.

Final Results of the Review

    Commerce determines that the following estimated 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
------------------------------------------------------------------------

Disclosure

    Because we made no changes to the calculations performed in 
connection with the Preliminary Results, there are no new calculations 
to disclose, in accordance with 19 CFR 351.224(b), for these final 
results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review.
    Because Suzano's weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent), 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 Sylvamo, because its 
weighted-average dumping margin is zero, we will instruct CBP to 
liquidate entries reported in this review without regard to antidumping 
duties.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Suzano or Sylvamo for 
which they did not know their 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\
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    \5\ 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 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rates for Suzano and 
Sylvamo will be the rates established in the final results of this 
administrative review; (2) for previously reviewed or investigated 
companies not listed above, 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 27.11 percent, the all-others rate established in the 
LTFV investigation.\6\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \6\ See Order.
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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 reminder to parties subject to 
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: October 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issue
    Comment: Constructed Export Price Offset for Suzano S.A.
VI. Recommendation

[FR Doc. 2023-22574 Filed 10-11-23; 8:45 am]
BILLING CODE 3510-DS-P