[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71376-71377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27935]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-471-807]
Certain Uncoated Paper From Portugal: Amended 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) is amending the final
results of the administrative review of the antidumping duty (AD) order
on certain uncoated paper (uncoated paper) from Portugal to correct a
ministerial error.
DATES: Applicable December 27, 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 November 20, 2019, Commerce published in Final Results of the
second administrative review of the AD order on uncoated paper from
Portugal and completed the disclosure of all calculation materials to
interested parties.\1\ On November 19, 2019, The Navigator Company S.A.
(Navigator), the mandatory respondent in this administrative review,
timely filed a ministerial error allegation regarding the Final
Results.\2\
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\1\ See Certain Uncoated Paper From Portugal: Final Results of
the Antidumping Duty Administrative Review; 2017-2018, 84 FR 64040
(November 20, 2019) (Final Results).
\2\ See Navigator's Letter, ``Certain Uncoated Paper from
Portugal: Ministerial Error Allegation,'' dated November 19, 2019.
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Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \3\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review. . . .''
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\3\ See 19 CFR 351.224(f).
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Ministerial Error
Commerce committed an inadvertent error within the meaning of
section 751(h) of the Act and 19 CFR 351.224(f), by failing to use the
most current databases to calculate the margin, which incorporated
``minor corrections'' accepted by Commerce during verification.\4\
Accordingly, we have determined, in accordance with section 751(h) of
the Act and 19 CFR 351.224(f), that an unintentional ministerial error
was made in the Final Results. Pursuant to 19 CFR 351.224(e), Commerce
is amending the Final Results to reflect the correction of this
ministerial error. Specifically, we have now revised the calculation to
include the latest version of Navigator's databases. This correction
results in a change to Navigator's weighted-average dumping margin. For
a detailed discussion of this ministerial error, as well as Commerce's
analysis, see Ministerial Error Memorandum.\5\
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\4\ See Memorandum, ``Verification of the Sales Response of The
Navigator Company, S.A. in the Antidumping Duty Administrative
Review of Certain Uncoated Paper From Portugal,'' dated August 21,
2019, at 1-2 and VE-1.
\5\ See Memorandum, ``Amended Final Results of the 2017-2018
Administrative Review of the Antidumping Duty Order of Certain
Uncoated Paper from Portugal: Allegations of Ministerial Error''
(Ministerial Error Memorandum) (December 17, 2019).
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Amended Final Results of the Review
As a result of correcting the ministerial error described above, we
determine that the weighted-average dumping margin for Navigator exists
for the period March 1, 2017 through February 28, 2018:
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Weighted-
average dumping
Exporter/producer margin
(percent)
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The Navigator Company, S.A............................. 4.37
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Disclosure
We intend to disclose the calculation performed for these amended
final results in accordance with 19 CFR 351.224(b).
Antidumping Duty Assessment
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the amended final
results of this review.
Pursuant to 19 CFR351.212(b)(1), 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. For entries of subject
merchandise during the period of review \6\ 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.
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\6\ The period of review is March 1, 2018 through February 28,
2019.
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Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after November 20,
2019, the date of the publication of the Final Results, as provided by
section 751(a)(2)(c) of the Act: (1) The cash deposit rate for each
specific company listed above will be that established in the amended
final results; (2) for previously reviewed or investigated companies,
including those for which
[[Page 71377]]
Commerce may have determined had no shipments during the period of
review, the cash deposit will continue to be the company-specific rate
published for the most recent completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this or an earlier review, or the original-less-than-fair-
value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recently
completed segment of this proceeding for the manufacturer of the
merchandise; and (4) if neither the exporter nor the manufacturer is a
firm covered in this or any previously completed segment of this
proceeding, then the cash deposit rate will be the all-others rate of
7.80 percent established in the LTFV investigation.\7\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\7\ 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).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 251.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) to their responsibility
concerning the disposition 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 return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These amended final results and notice are issued and published in
accordance with Sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: December 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-27935 Filed 12-26-19; 8:45 am]
BILLING CODE 3510-DS-P