83 FR 15368 - Certain Uncoated Paper From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2015-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 69 (April 10, 2018)

The Department of Commerce (Commerce) preliminarily determines that certain uncoated paper (uncoated paper) from Brazil is being, or is likely to be, sold in the United States at less than fair value.

[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Pages 15368-15370]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07313]


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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; 2015-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain uncoated paper (uncoated paper) from Brazil is being, or 
is likely to be, sold in the United States at less than fair value.

DATES: Applicable April 10, 2018.

[[Page 15369]]


FOR FURTHER INFORMATION CONTACT: Jerry Huang, 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) 482-4047.

SUPPLEMENTARY INFORMATION: 

Background

    On May 9, 2017, Commerce initiated the antidumping duty 
administrative review on uncoated paper from Brazil.\1\ The review 
covers one producer/exporter of the subject merchandise, Suzano Papel e 
Celulose S.A. (Suzano). The period of review (POR) is August 27, 2015 
through February 28, 2017. Commerce exercised its discretion to toll 
all deadlines affected by the closure of the Federal Government from 
January 20 through January 22, 2018. As a result, the revised deadline 
for the preliminary results of this review is now April 3, 2018.\2\ 
Interested parties are invited to comment on these preliminary results.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 21513 (May 9, 2017).
    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
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Scope of the Order

    The product covered by this review is uncoated paper from Brazil. 
For a full description of the scope see the Preliminary Decision 
Memorandum dated concurrently with and hereby adopted by this 
notice.\3\
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain Uncoated 
Paper from Brazil; 2015-2017,'' dated concurrently with this notice 
(Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum. A 
list of the topics included in the Preliminary Decision Memorandum is 
included as an appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is made available to the public 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, and it is available to 
all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period August 27, 2015 through February 
28, 2017.

------------------------------------------------------------------------
                                                              Weighted-
                     Exporter/producer                         average
                                                               margin %
------------------------------------------------------------------------
Suzano Papel e Celulose S.A................................       17.39
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs not 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 five days after the date for filing 
case briefs.\4\ Parties who submit case briefs 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.\5\
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    \4\ See 19 CFR 351.309(d).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), 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. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\6\ 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 the respective case briefs. 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, not later 
than 120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.
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    \6\ See 19 CFR 351.310(c).
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Assessment Rate

    If a respondent's weighted-average dumping margin is above de 
minimis in the final results of this review, we will calculate an 
importer-specific assessment rate based on the ratio of the total 
amount of dumping calculated for each importer's examined sales and the 
total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).\7\ If a respondent's weighted-average dumping margin or 
an importer-specific assessment rate is zero or de minimis in the final 
results of review, we will instruct U.S. Customs and Border Protection 
(CBP) to liquidate the appropriate entries without regard to 
antidumping duties in accordance with the Final Modification for 
Reviews.\8\ The final results of this administrative review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future deposits of estimated duties, 
where applicable.
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    \7\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \8\ See Final Modification for Reviews, 77 FR 8103. See also 19 
CFR 351.106(c)(2).
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    For entries of subject merchandise during the period of review 
produced by Suzano Papel e Celulose S.A. 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.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of this review for all shipments of uncoated paper from Brazil 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2) of the Act: (1) 
The cash deposit rate for companies subject to this review will be 
equal to the weighted-average dumping margins established in the final 
results of the review; (2) for merchandise exported by companies not 
covered in this review but covered in a prior segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate

[[Page 15370]]

published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original investigation 
but the producer is, the cash deposit rate will be the rate established 
for the most recently completed segment for the producer of the 
merchandise; (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 less-than-fair-value investigation.\9\
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    \9\ 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 11173 (March 3, 2016).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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 period of review. 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 351.221(b)(4).

    Dated: April 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties for the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    Comparison to Normal Value
    A. Determination of the Comparison Method
    B. Results of Differential Pricing Analysis
    Date of Sale
    Product Comparisons
    Export Price/Constructed Export Price
    Normal Value
    A. Home Market Viability
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Calculation of Normal Value Based on Constructed Value
5. Currency Conversion
6. Recommendation

[FR Doc. 2018-07313 Filed 4-9-18; 8:45 am]
 BILLING CODE 3510-DS-P