83_FR_53006 83 FR 52804 - Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2015-2017

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)

Page Range52804-52805
FR Document2018-22720

The Department of Commerce (Commerce) determines that certain

Federal Register, Volume 83 Issue 202 (Thursday, October 18, 2018)
[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]]



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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; 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\

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    \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.

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    \3\ Id.

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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.

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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 11173 (March 3, 2016).

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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).



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Document Created: 2018-10-18 03:05:28
Document Modified: 2018-10-18 03:05:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable October 18, 2018.
ContactJerry Huang, AD/CVD Operations, Office
FR Citation83 FR 52804 

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