[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7269-7270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01677]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-471-807]


Certain Uncoated Paper From Portugal: Final Results of 
Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
uncoated paper (uncoated paper) from Portugal was sold in the United 
States at less than normal value during the period of review (POR) 
March 1, 2018 through February 28, 2019.

DATES: Applicable January 27, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-0572.

SUPPLEMENTARY INFORMATION: 

Background

    On April 2, 2020, Commerce published the Preliminary Results.\1\ On 
April 24, 2020, Commerce tolled all deadlines in administrative reviews 
by 50 days.\2\ On July 21, 2020, Commerce tolled all deadlines in 
administrative reviews by an additional 60 days.\3\ Commerce extended 
the deadline for the final results further by 60 days on October 23, 
2020.\4\ The deadline for the final results of this review is now 
January 19, 2021. For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\5\
---------------------------------------------------------------------------

    \1\ See Certain Uncoated Paper from Portugal: Preliminary 
Results of the Administrative Review of the Antidumping Duty Order; 
2018-2019, 85 FR 18554 (April 2, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \4\ See Memorandum, ``Certain Uncoated Paper from Portugal: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review, 2018-2019,'' dated October 23, 2020.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 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 products covered by this order are certain uncoated paper 
products from Portugal. For a full description of the scope, see the 
Issues and Decision Memorandum.

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

[[Page 7270]]

Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html/. The signed and 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 made the following changes to the Preliminary 
Results:
    <bullet> We recalculated the amount of certain post-sale price 
adjustments reported for The Navigator Company, S.A.'s (Navigator's) 
home market sales.\6\
---------------------------------------------------------------------------

    \6\ See Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

    <bullet> We also recalculated certain adjustments to Navigator's 
costs.\7\
---------------------------------------------------------------------------

    \7\ Id. at Comment 4.
---------------------------------------------------------------------------

Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period March 1, 2018 through February 28, 2019:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Exporter/producer                          margin
                                                            (percent)
------------------------------------------------------------------------
The Navigator Company, S.A.............................            6.75
------------------------------------------------------------------------

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 shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.
    Because Navigator's weighted-average dumping margin is not zero or 
de minimis (i.e., less than 0.5 percent), Commerce has calculated 
importer-specific antidumping duty assessment rates. We calculated 
importer-specific antidumping duty assessment rates by aggregating the 
total amount of dumping calculated for the examined sales of each 
importer and dividing each of these amounts by the total sales value 
associated with those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c)(1), or an importer-specific assessment rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    For entries of subject merchandise during the period of review 
produced by Navigator 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.\8\
---------------------------------------------------------------------------

    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Consistent with its recent notice,\9\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
---------------------------------------------------------------------------

    \9\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective 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 less-than-fair-value (LTFV) 
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 
LTFV investigation.\10\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \10\ 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 has occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (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.

Notification to Interested Parties

    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(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: January 19, 2021.
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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Use an Alternative Market 
Price for Calculating the Cost of Pulp
    Comment 2: Whether and How To Cap ``Bonus'' Rebates
    Comment 3: Whether Commerce Should Grant Navigator a Constructed 
Export Price (CEP) Offset
    Comment 4: Whether Commerce Made Ministerial Errors Affecting 
the Reclassification of Certain Costs
VI. Recommendation

[FR Doc. 2021-01677 Filed 1-26-21; 8:45 am]
BILLING CODE 3510-DS-P