[Federal Register Volume 90, Number 130 (Thursday, July 10, 2025)]
[Notices]
[Pages 30625-30627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12785]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842]
Certain Uncoated Paper From Brazil: Preliminary Results and
Rescission, in Part, of Antidumping Duty Administrative Review; 2023-
2024
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, 2023, through February 29, 2024. Commerce preliminarily
finds that Suzano S.A. (Suzano) made sales of subject merchandise at
prices below normal value (NV) during the POR. Additionally, we are
rescinding this administrative review, in part, with respect to one
company, Sylvamo do Brasil Ltda. and Sylvamo Exports Ltda.
(collectively, Sylvamo) as it had no reviewable entries of subject
merchandise during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable July 10, 2025.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, 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) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2016, Commerce published in the Federal Register the AD
order on uncoated paper from Brazil.\1\ On March 1, 2024, Commerce
published a notice of opportunity to request an administrative review
of the Order for the POR.\2\ Pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b)(1),
Commerce received timely requests to conduct an administrative review
of the Order from Domtar Corporation (the petitioner) and Suzano.\3\
---------------------------------------------------------------------------
\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 15157 (March 1,
2024).
\3\ See Petitioner's Letter, ``Request For Administrative
Review,'' dated March 29, 2024; see also Suzano's Letter, ``Request
for Administrative Review of Suzano S.A.,'' dated March 29, 2024.
---------------------------------------------------------------------------
On May 8, 2024, Commerce initiated an administrative review of the
AD order on uncoated paper from Brazil, in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\4\ This review
covers one producer/exporter of subject merchandise, Suzano.\5\
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 38867 (May 8, 2024).
\5\ 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).
---------------------------------------------------------------------------
[[Page 30626]]
On November 26, 2024, Commerce extended the deadline for these
preliminary results until April 4, 2025.\6\ On December 9, 2024,
Commerce tolled certain administrative deadlines in this administrative
review by 90 days.\7\ Accordingly, the deadline for these final results
is now July 3, 2025. For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\8\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated November
26, 2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Uncoated Paper from Brazil; 2023-2024,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
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.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable
entries of subject merchandise during the POR subject to the
antidumping duty order for which liquidation is suspended, Commerce may
rescind an administrative review, in whole or only with respect to a
particular exporter or producer. At the end of the administrative
review, any suspended entries are liquidated at the assessment rate
computed for the review period. Therefore, for an administrative review
to be conducted, there must be at least one reviewable, suspended entry
that Commerce can instruct U.S. Customs and Border Protection to
liquidate at the newly calculated assessment rate. On June 12, 2025,
Commerce notified all interested parties of its intent to rescind this
review with respect to Sylvamo because Sylvamo had no reviewable,
suspended entries of subject merchandise, and we invited parties to
comment.\9\ We did not receive comments regarding our Intent to Rescind
Memorandum and are therefore rescinding this review, in part, with
regard to Sylvamo, as discussed in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated June 12, 2025 (Intent to Rescind 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 estimated weighted-
average dumping margin exists for the period March 1, 2023, through
February 29, 2024:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Suzano S.A.................................................. 14.42
------------------------------------------------------------------------
Disclosure
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.\10\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\11\ 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.\12\ 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.\13\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\12\ 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) (Final Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 briefs 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.\14\ 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).\15\
---------------------------------------------------------------------------
\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See Final Rule.
---------------------------------------------------------------------------
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 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.\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.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310.
---------------------------------------------------------------------------
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
[[Page 30627]]
entries covered by this review.\18\ Pursuant to 19 CFR 351.212(b)(1),
if the weighted-average dumping margin for Suzano 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 the
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.\19\
---------------------------------------------------------------------------
\18\ See 19 CFR 351.212(b).
\19\ 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 Suzano
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) \20\ if there is no rate for
the intermediate company(ies) involved in the transaction.\21\
---------------------------------------------------------------------------
\20\ See Order, 81 FR at 11176.
\21\ 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
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company
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.\22\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\22\ See Order, 81 FR at 11176.
---------------------------------------------------------------------------
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(h)(2) and
19 CFR 351.221(b)(4).
Dated: July 3, 2025.
Christopher Abbott,
Acting Deputy Assistant Secretary for Policy and Negotiations,
performing the non-exclusive functions and duties of the 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. Rescission of Administrative Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2025-12785 Filed 7-9-25; 8:45 am]
BILLING CODE 3510-DS-P