[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64040-64041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25046]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-471-807]
Certain Uncoated Paper From Portugal: Final Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
Navigator S.A. made sales of certain uncoated paper (uncoated paper)
from Portugal below normal value during the period of review (POR)
March 1, 2017 through February 28, 2018.
DATES: Applicable November 20, 2019.
FOR FURTHER INFORMATION CONTACT: Rachel Greenberg or Robert Scully,
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) 482-0652 or (202) 482-
0572 respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2019, Commerce published the Preliminary Results.\1\ We
invited interested parties to comment on the Preliminary Results. For
events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\ Commerce conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
---------------------------------------------------------------------------
\1\ See Uncoated Paper from Portugal: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018, 84 FR 22435 (May
17, 2019) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Certain Uncoated Paper from Portugal,''
dated concurrently with and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is uncoated paper from Portugal.
The products are currently classifiable under subheadings 4802.56.1000,
4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 4802.56.7020,
4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, and
4802.57.4000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Products subject to this order may also enter under HTSUS
subheadings 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.5000,
4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000,
4811.90.8050 and 4811.90.9080. While HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive.\3\
---------------------------------------------------------------------------
\3\ For a full description of the scope, see the Issues and
Decision Memorandum at 2.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
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.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we have not recalculated the weighted-average
dumping margin for The Navigator Company, S.A. (Navigator).\4\
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum at ``Discussion of the
Issues.''
---------------------------------------------------------------------------
Final Results of the Review
We determine that, for the period March 1, 2017 through February
28, 2018, the following weighted average dumping margin exists.
------------------------------------------------------------------------
Weighted-
Exporter/producer average dumping
margin
------------------------------------------------------------------------
The Navigator Company, S.A............................. 5.96
------------------------------------------------------------------------
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine,
and U.S. Customs and Border Protections (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. We will calculate importer-
specific assessment rates on the basis of the ratio of the total amount
of antidumping duties calculated for each importer's examined sales and
the total entered value of the sales in accordance with 19 CFR
351.212(b)(1).
For entries of subject merchandise during the POR produced by the
respondent for which it did not know its 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 this
notice.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
[[Page 64041]]
publication of the notice of final results of administrative review 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 Navigator will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding; (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 of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 7.80 percent, the all-others rate
established in the investigation.\5\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\5\ See Certain Uncoated Paper from Portugal: Final
Determination of Sales at Less than Fair Value and Final Negative
Determination of Critical Circumstances, 81 FR 3105 (January 20,
2016).
---------------------------------------------------------------------------
Notification to Importers
This notice 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 Commerce's presumption that
reimbursement of antidumping duties occurred and increase the
subsequent assessment of the antidumping duties by the amount of the
antidumping duties reimbursement.
Notification to Interested Parties
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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.
Dated: November 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Navigator's Client Bonuses and/or Quantity
Discounts Should be Used in Calculating U.S. Price and Normal Value
Comment 2: Whether Commerce Should Use an Alternative Market
Price for Calculating the Cost of Pulp
Comment 3: Whether the Alternative U
V. Recommendation
[FR Doc. 2019-25046 Filed 11-19-19; 8:45 am]
BILLING CODE 3510-DS-P