83 FR 52804 - Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2015-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 202 (October 18, 2018)
International Trade Administration
Federal Register Volume 83, Issue 202 (October 18, 2018)
| Page Range | 52804-52805 | |
| FR Document | 2018-22720 |
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)] [Notices] [Pages 52804-52805] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22720] [[Page 52804]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-351-842] Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2015-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that certain uncoated paper (uncoated paper) from Brazil is being sold at less than normal value during the period of review (POR), August 27, 2015, through February 28, 2017. DATES: Applicable October 18, 2018. 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 April 10, 2018, Commerce published the preliminary results of 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). For a discussion of events since the Preliminary Results were published, see the accompanying Issues and Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Certain Uncoated Paper from Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2015-2017, 83 FR 15368 (April 10, 2018) (Preliminary Results). \2\ See Memorandum, ``Certain Uncoated Paper from Brazil: Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review; 2015-2017,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The product covered by this review is uncoated paper from Brazil. For a full description of the scope, see the Issues and Decision Memorandum dated concurrently with and hereby adopted by this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum.\3\ A list of the issues that parties raised and to which we responded 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 and in the Central Records Unit (CRU), room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties, we have recalculated Suzano's weighted-average dumping margin and, based on our findings at verification, we have made certain changes to Suzano's margin calculation. For further discussion, see the Issues and Decision Memorandum. Final Results of the Administrative Review We determine that the following weighted-average dumping margin exists for the period August 27, 2015 through February 28, 2017. ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ Suzano Papel e Celulose S.A............................... 18.80 ------------------------------------------------------------------------ Assessment Rate Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. For entries of subject merchandise during the period of review produced by Suzano 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 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 published for the most recent period; (3) if the exporter is not a firm covered in this 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.\4\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \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 11173 (March 3, 2016). --------------------------------------------------------------------------- Notification to Importers This notice also 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 the Secretary's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (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. [[Page 52805]] 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)(5). Dated: October 9, 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 Final Decision Memorandum I. Summary II. Background III. Scope of the Order IV. List of Comments V. Discussion of Comments Comment 1: Treatment of Suzano's Sales to an U.S. Foreign Trade Zone (FTZ) Comment 2: Treatment of Suzano's Credit Expenses Comment 3: Treatment of INSS Taxes Comment 4: Suzano's Liquidation Instructions Comment 5: Programming Issue in Suzano's Margin Calculation VI. Recommendation [FR Doc. 2018-22720 Filed 10-17-18; 8:45 am] BILLING CODE 3510-DS-P
![52804 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices
DEPARTMENT OF COMMERCE Issues and Decision Memorandum is a uncoated paper from Brazil entered, or
public document and is on-file withdrawn from warehouse, for
International Trade Administration electronically via Enforcement and consumption on or after the date of
[A–351–842] Compliance’s Antidumping and publication as provided by section
Countervailing Duty Centralized 751(a)(2) of the Act: (1) The cash deposit
Certain Uncoated Paper From Brazil: Electronic Service System (ACCESS). rate for companies subject to this review
Final Results of Antidumping Duty ACCESS is available to registered users will be equal to the weighted-average
Administrative Review; 2015–2017 at https://access.trade.gov and in the dumping margins established in the
Central Records Unit (CRU), room final results of the review; (2) for
AGENCY: Enforcement and Compliance, B8024 of the main Commerce building. merchandise exported by companies not
International Trade Administration, In addition, a complete version of the covered in this review but covered in a
Department of Commerce. Issues and Decision Memorandum can prior segment of this proceeding, the
SUMMARY: The Department of Commerce be accessed directly on the internet at cash deposit rate will continue to be the
(Commerce) determines that certain http://enforcement.trade.gov/frn/ company-specific rate published for the
uncoated paper (uncoated paper) from index.html. The signed Issues and most recent period; (3) if the exporter is
Brazil is being sold at less than normal Decision Memorandum and the not a firm covered in this review or the
value during the period of review (POR), electronic versions of the Issues and original investigation but the producer
August 27, 2015, through February 28, Decision Memorandum are identical in is, the cash deposit rate will be the rate
2017. content. established for the most recently
DATES: Applicable October 18, 2018. completed segment for the producer of
Changes Since the Preliminary Results
FOR FURTHER INFORMATION CONTACT: Jerry the merchandise; (4) the cash deposit
Huang, AD/CVD Operations, Office V, Based on a review of the record and rate for all other producers or exporters
Enforcement and Compliance, comments received from interested will continue to be 27.11 percent, the
International Trade Administration, parties, we have recalculated Suzano’s all-others rate established in the less-
U.S. Department of Commerce, 1401 weighted-average dumping margin and, than-fair-value investigation.4 These
Constitution Avenue NW, Washington, based on our findings at verification, we cash deposit requirements, when
DC 20230; telephone: (202) 482–4047. have made certain changes to Suzano’s imposed, shall remain in effect until
margin calculation. For further further notice.
SUPPLEMENTARY INFORMATION:
discussion, see the Issues and Decision
Background Memorandum. Notification to Importers
On April 10, 2018, Commerce Final Results of the Administrative This notice also serves as a final
published the preliminary results of the Review reminder to importers of their
antidumping duty administrative review responsibility under 19 CFR
We determine that the following 351.402(f)(2) to file a certificate
on uncoated paper from Brazil.1 The
weighted-average dumping margin regarding the reimbursement of
review covers one producer/exporter of
exists for the period August 27, 2015 antidumping duties prior to liquidation
the subject merchandise, Suzano Papel
through February 28, 2017. of the relevant entries during this POR.
e Celulose S.A. (Suzano). For a
discussion of events since the Failure to comply with this requirement
Weighted- could result in the Secretary’s
Preliminary Results were published, see average
Exporter/producer presumption that reimbursement of
the accompanying Issues and Decision margin
Memorandum.2 (percent) antidumping and/or countervailing
duties occurred and the subsequent
Scope of the Order Suzano Papel e Celulose S.A .. 18.80 assessment of doubled antidumping
The product covered by this review is duties.
uncoated paper from Brazil. For a full Assessment Rate
Administrative Protective Order
description of the scope, see the Issues Commerce shall determine, and U.S.
and Decision Memorandum dated Customs and Border Protection (CBP) This notice also serves as a reminder
concurrently with and hereby adopted shall assess, antidumping duties on all to parties subject to administrative
by this notice. appropriate entries covered by this protective orders (APO) of their
review. For entries of subject responsibility concerning the return or
Analysis of Comments Received destruction of proprietary information
merchandise during the period of
All issues raised in the case and review produced by Suzano for which disclosed under APO in accordance
rebuttal briefs by parties to this they did not know their merchandise with 19 CFR 351.305(a)(3), which
administrative review are addressed in was destined for the United States, we continues to govern business
the Issues and Decision Memorandum.3 will instruct CBP to liquidate proprietary information in this segment
A list of the issues that parties raised unreviewed entries at the all-others rate of the proceeding. Timely written
and to which we responded is attached if there is no rate for the intermediate notification of the return/destruction of
to this notice as an Appendix. The company(ies) involved in the APO materials, or conversion to judicial
transaction. We intend to issue protective order, is hereby requested.
1 See Certain Uncoated Paper from Brazil:
liquidation instructions to CBP 15 days Failure to comply with the regulations
Preliminary Results of Antidumping Duty and the terms of an APO is a
khammond on DSK30JT082PROD with NOTICES
Administrative Review; 2015–2017, 83 FR 15368 after publication of the final results of
(April 10, 2018) (Preliminary Results). this review. sanctionable violation.
2 See Memorandum, ‘‘Certain Uncoated Paper
from Brazil: Issues and Decision Memorandum for Cash Deposit Requirements 4 See Certain Uncoated Paper from Australia,
the Final Results of the Antidumping Duty The following cash deposit Brazil, Indonesia, the People’s Republic of China,
Administrative Review; 2015–2017,’’ dated and Portugal: Amended Final Affirmative
concurrently with, and hereby adopted by, this requirements will be effective upon Antidumping Determinations for Brazil and
notice (Issues and Decision Memorandum). publication of the notice of final results Indonesia and Antidumping Duty Orders, 81 FR
3 Id. of this review for all shipments of 11173 (March 3, 2016).
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![Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices 52805
Commerce is issuing and publishing wire and cable.1 The CVD Petition was Scope of the Investigation
these results in accordance with accompanied by an antidumping duty The product covered by this
sections 751(a)(1) and 777(i) of the Act (AD) Petition concerning imports of investigation is aluminum wire and
and 19 CFR 351.221(b)(5). aluminum wire and cable from China. cable from China. For a full description
Dated: October 9, 2018.
On September 25 and 26, 2018, of the scope of this investigation, see the
Commerce requested supplemental Appendix to this notice.
Gary Taverman,
information pertaining to certain aspects
Deputy Assistant Secretary for Antidumping of the Petition in two separate Scope Comments
and Countervailing Duty Operations,
supplemental questionnaires, one During our review of the Petition,
performing the non-exclusive functions and
duties for the Assistant Secretary for dealing with general issues with the Commerce contacted the petitioners
Enforcement and Compliance. Petition and the other with issues regarding the proposed scope language
related to Volume III of the Petition (i.e., to ensure that the scope language in the
Appendix the CVD allegation).2 The petitioners Petition is an accurate reflection of the
List of Topics Discussed in the Final filed their combined response to the products for which the domestic
Decision Memorandum supplemental questionnaires on industry is seeking relief.5 As a result of
I. Summary September 28, 2018.3 the petitioners’ submission, the scope of
II. Background In accordance with section 702(b)(1) the Petition was modified to clarify the
III. Scope of the Order of the Tariff Act of 1930, as amended description of merchandise covered by
IV. List of Comments (the Act), the petitioners allege that the the Petition. The description of the
V. Discussion of Comments Government of China (GOC) is merchandise covered by this initiation,
Comment 1: Treatment of Suzano’s Sales to providing countervailable subsidies, as described in the Appendix to this
an U.S. Foreign Trade Zone (FTZ) within the meaning of sections 701 and
Comment 2: Treatment of Suzano’s Credit
notice, reflects these clarifications.
771(5) of the Act, to producers of As discussed in the Preamble to
Expenses aluminum wire and cable in China and
Comment 3: Treatment of INSS Taxes Commerce’s regulations, we are setting
that imports of such products are aside a period for interested parties to
Comment 4: Suzano’s Liquidation
Instructions materially injuring, or threatening raise issues regarding product coverage
Comment 5: Programming Issue in material injury to, the domestic industry (scope).6 Commerce will consider all
Suzano’s Margin Calculation producing aluminum wire and cable in comments received from interested
VI. Recommendation the United States. Consistent with parties and, if necessary, will consult
[FR Doc. 2018–22720 Filed 10–17–18; 8:45 am] section 702(b)(1) of the Act and 19 CFR with interested parties prior to the
BILLING CODE 3510–DS–P
351.202(b), for those alleged programs issuance of the preliminary
on which we are initiating a CVD determination. If scope comments
investigation, the Petition is include factual information,7 all such
DEPARTMENT OF COMMERCE accompanied by information reasonably factual information should be limited to
available to the petitioners supporting public information. To facilitate
International Trade Administration their allegations. preparation of its questionnaires,
Commerce finds that the petitioners Commerce requests that all interested
filed the Petition on behalf of the parties submit such comments by 5:00
[C–570–096]
domestic industry because the p.m. Eastern Time (ET) on October 31,
Aluminum Wire and Cable From the petitioners are an interested party as 2018, which is 20 calendar days from
People’s Republic of China: Initiation defined in section 771(9)(C) of the Act. the signature date of this notice. Any
of Countervailing Duty Investigation Commerce also finds that the petitioners rebuttal comments, which may include
demonstrated sufficient industry factual information, must be filed by
AGENCY: Enforcement and Compliance, support necessary for the initiation of 5:00 p.m. ET on November 13, 2018.8
International Trade Administration, the requested CVD investigation.4 Commerce requests that any factual
Department of Commerce. information parties consider relevant to
Period of Investigation
DATES: Applicable October 11, 2018. the scope of the investigation be
Because the Petition was filed on submitted during this period. However,
FOR FURTHER INFORMATION CONTACT: September 28, 2018, the period of
Nancy Decker at (202) 482–0196 or if a party subsequently finds that
investigation is January 1, 2017, through additional factual information
Mark Hoadley at (202) 482–3148, AD/ December 31, 2017.
CVD Operations, Enforcement and pertaining to the scope of the
Compliance, International Trade 1 See letter from the petitioners, ‘‘Aluminum Wire
investigation may be relevant, the party
Administration, U.S. Department of and Cable from China: Antidumping and
may contact Commerce and request
Commerce, 1401 Constitution Avenue Countervailing Duty Petitions,’’ dated September
21, 2018 (the Petition). 5 See Supplemental Questionnaire Response at 7–
NW, Washington, DC 20230. 2 See letters from Commerce, ‘‘Petition for the 8 and Exhibit I (Revised Scope).
SUPPLEMENTARY INFORMATION: Imposition of Countervailing Duties on Imports of 6 See Antidumping Duties; Countervailing Duties,
Aluminum Wire and Cable from the People’s Final Rule, 62 FR 27296, 27323 (May 19, 1997)
The Petition Republic of China: Supplemental Questions’’ (CVD (Preamble).
Deficiency Questionnaire), dated September 25, 7 See 19 CFR 351.102(b)(21) (defining ‘‘factual
On September 21, 2018, the U.S. 2018, and ‘‘Petitions for the Imposition of information’’).
Department of Commerce (Commerce) Antidumping and Countervailing Duties on Imports 8 See 19 CFR 351.303(b). Rebuttal comments are
received a countervailing duty (CVD) of Aluminum Wire and Cable from the People’s normally due 10 days after the comment deadline.
khammond on DSK30JT082PROD with NOTICES
Republic of China: Supplemental Questions’’
Petition concerning imports of (General Issues Deficiency Questionnaire), dated
In this case, 10 calendar days from the initial
comments deadline falls on Saturday, November 10,
aluminum wire and cable from the September 26, 2018. 2018. Commerce’s practice dictates that where a
People’s Republic of China (China), 3 See letter from the petitioners, ‘‘Aluminum Wire
deadline falls on a weekend or federal holiday, the
filed in proper form on behalf of Encore and Cable from China: Amendment of Petitions and appropriate deadline is the next business day. See
Wire Corporation and Southwire Response to Commerce’s Supplemental Questions’’ Notice of Clarification: Application of ‘‘Next
dated September 28, 2018 (Petition Supplement). Business Day’’ Rule for Administrative
Company, LLC (the petitioners), which 4 See ‘‘Determination of Industry Support for the Determination Deadlines Pursuant to the Tariff Act
are domestic producers of aluminum Petition’’ section, infra. of 1930, As Amended, 70 FR 24533 (May 10, 2005).
VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1](https://thefederalregister.org/doc/83_FR_53006/page/2.svg)
Document Created: 2018-10-18 03:05:28
Document Modified: 2018-10-18 03:05:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable October 18, 2018. | |
| Contact | Jerry Huang, AD/CVD Operations, Office | |
| FR Citation | 83 FR 52804 |
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