[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23971-23973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07234]


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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; 2022-2023

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 (AD) order on certain 
uncoated paper (uncoated paper) from Brazil for the period of review 
(POR) March 1, 2022, through February 28, 2023. Commerce preliminarily 
finds that Suzano S.A. (Suzano) made sales of subject merchandise at 
prices below normal value (NV) during the POR, and finds that Sylvamo 
do Brasil Ltda. (SVBR) and Sylvamo Exports Ltda. (SVEX) (collectively, 
Sylvamo) did not make sales of subject merchandise at prices below NV 
during the POR. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable April 5, 2024.

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 9, 2023, Commerce initiated an administrative review of the 
AD 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 \3\ and 
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, 88 FR 29881 (May 9, 2023).
    \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 9, 2023, Commerce extended the deadline for these 
preliminary results until March 29, 2024.\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 
9, 2023.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Uncoated Paper from Brazil; 2022-2023,'' 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 from Brazil. 
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 constructed export price in 
accordance with section 772 of the Act. We calculated NV 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

[[Page 23972]]

margins exist for the period March 1, 2022, through February 28, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Suzano S.A..................................................        3.49
Sylvamo do Brasil Ltda./Sylvamo Exports Ltda................        0.00
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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.\7\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\8\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\9\ Interested parties who submit case or rebuttal briefs 
in this proceeding must submit: (1) a table of contents listing each 
issue; and (2) a table of authorities.\10\
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \9\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023).
    \10\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\11\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\12\
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    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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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.\13\ Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants and whether any participant is a foreign 
national; 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.\14\ 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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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310.
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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 covered by 
this review.\15\ 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.\16\
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    \15\ See 19 CFR 351.212(b).
    \16\ 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) \17\ if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\18\
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    \17\ See Order, 81 FR at 11176.
    \18\ 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 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 it was 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.\19\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \19\ See Order, 81 FR at 11176.
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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

[[Page 23973]]

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(h)(2) and 
19 CFR 351.221(b)(4).

    Dated: March 29, 2024.
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. 2024-07234 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-DS-P