Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices 59505 

1See Certain Uncoated Paper from Brazil: Final 

Results of Antidumping Duty Administrative 

Review; 2018–2019, 86 FR 7254 (January 27, 2021) 

(Final Results), and accompanying Issues and 

Decision Memorandum (IDM) at Comment 1. 

2 Id. 86 FR 7254. 

3 In the Final Results, we explained: ‘‘While it is 

Commerce’s practice to exclude only investmentrelated gains or losses from the calculation of cost 

of production, the capital management mechanisms 

practiced by Suzano by way of these derivative 

transactions are reasonably associated with the 

company’s cost of borrowing. . . . Moreover, we 

disagree with Suzano’s claim that these derivative 

expenses are extraordinary and stem from an 

isolated event. . . . Here, the auditors who issued 

an unqualified opinion on Suzano’s financial 

statements did not classify the derivative expenses 

as extraordinary.’’ See Final Results IDM at 5 

(internal citations omitted). 

4See Suzano S.A. v. United States, 589 F. Supp. 

3d 1225, 1233 (CIT 2022). 

5 Id. at 1237. 

6See Final Results of Redetermination Pursuant 

to Court Remand, Suzano S.A. v. United States, 

Court No. 21–00069, Slip-Op 22–95, dated 

November 14, 2022, available at https://

access.trade.gov/Resources/remands/22-95.pdf. 

7See Suzano S.A. v. United States, 633 F.Supp.3d 

1232, 1238 (CIT 2023). 

8 Id. at 1243. 

9See Final Results of Redetermination Pursuant 

to Court Remand, Suzano S.A. v. United States, 

Court No. 21–00069, Slip Op. 23–56, dated July 20, 

2023, at 5–11. 

10 Id. at 10. 

11 Id. at 24–25. 

12See Suzano S.A. v. United States, Court No. 

21–00069, Slip Op. 23–117 (CIT August 18, 2023). 

13See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

14See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

classified in the Harmonized Tariff Schedule 

of the United States (HTSUS) at subheadings 

8424.30.9000 and 8424.90.9040. Although 

the HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope is 

dispositive. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Scope of Investigation 

V. Scope Comments 

VI. Affirmative Determination of Critical 

Circumstances 

VII. Use of Facts Otherwise Available and 

Adverse Inferences 

VIII. Discussion of the Issues 

Comment 1: Commerce Unlawfully 

Applied AFA in its Preliminary 

Determination of Critical Circumstances 

Based on an Unrelated Adverse Inference 

Comment 2: Commerce Unlawfully 

Applied AFA by Ignoring Record Data 

Demonstrating That No Massive Imports 

Exist 

IX. Recommendation 

[FR Doc. 2023–18575 Filed 8–28–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–842] 

Certain Uncoated Paper From Brazil: 

Notice of Court Decision Not in 

Harmony With the Results of 

Antidumping Duty Administrative 

Review; Notice of Amended Final 

Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 18, 2023, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Suzano S.A. 

v. United States, Court No. 21–00069, 

sustaining the U.S. Department of 

Commerce (Commerce)’s second 

remand results pertaining to the review 

of the antidumping duty (AD) order on 

certain uncoated paper (paper) from 

Brazil covering the period March 1, 

2018, through February 28, 2019. 

Commerce is notifying the public that 

the CIT’s final judgment is not in 

harmony with Commerce’s final results 

of the administrative review, and that 

Commerce is amending the final results 

with respect to the dumping margin 

assigned to Suzano S.A. (Suzano). 

DATES: Applicable August 28, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Jennings, 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) 482–1110. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 27, 2021, Commerce 

published its final results in the 2018– 

2019 AD administrative review of paper 

from Brazil. Commerce declined to rely 

on Suzano’s proposed financial expense 

ratio calculation that excluded the 

derivative losses associated with its 

acquisition of Fibria Celulose S.A. 

(Fibria), a pulp producer in Brazil, for 

calculating Suzano’s cost of production 

(COP).1 In the Final Results, Commerce 

calculated a weighted-average dumping 

margin of 32.31.2

Suzano appealed Commerce’s Final 

Results. On August 16, 2022, the CIT 

remanded the Final Results to 

Commerce, holding that Commerce’s 

rationale 3 for declining to rely on 

Suzano’s proposed financial expense 

ratio calculation was unsupported by 

substantial evidence.4 Accordingly, the 

CIT instructed Commerce to provide 

further explanation, and, if appropriate, 

to reconsider the agency’s cost analysis 

pursuant to section 773(f)(1)(A) of the 

Tariff Act of 1930, as amended (the 

Act).5

In its first remand redetermination, 

issued in November 2022, Commerce 

made no changes to the Final Results, 

but provided additional explanation 

regarding its decision not to modify 

Suzano’s COP to exclude the derivative 

losses from the financial expense ratio.6

The CIT remanded for a second time, 

holding that, while Commerce’s 

determination that Suzano’s derivative 

losses were not investment-related costs 

was supported by substantial evidence 

and in accordance with the CIT’s 

remand instructions, the determination 

that Suzano’s derivative losses were not 

extraordinary was not supported by 

substantial evidence.7 Therefore, the 

CIT remanded to Commerce for further 

explanation, and if appropriate, 

reconsideration, of the determination 

that Suzano’s derivative expenses were 

not extraordinary for purposes for the 

COP calculation.8

In its final remand redetermination, 

issued in July 2023, Commerce further 

explained why it considers Suzano’s 

derivative losses to be a result of an 

expansion of the company’s normal 

operations, and, therefore, not 

extraordinary.9 However, upon further 

review of the facts at issue, Commerce 

determined that it was appropriate to 

revise Suzano’s financial expense ratio 

to include Fibria’s financial expenses 

and cost of sales.10 Therefore, 

Commerce calculated a weightedaverage dumping margin of 8.63 

percent.11 The CIT sustained 

Commerce’s final redetermination.12

Timken Notice 

In its decision in Timken,13 as 

clarified by Diamond Sawblades,14 the 

U.S. Court of Appeals for the Federal 

Circuit held that, pursuant to sections 

516A(c) and (e) of the Act, Commerce 

must publish a notice of court decision 

that is not ‘‘in harmony’’ with a 

Commerce determination and must 

suspend liquidation of entries pending 

a ‘‘conclusive’’ court decision. The CIT’s 

August 18, 2023, judgment constitutes a 

final decision of the CIT that is not in 

harmony with Commerce’s Final 

Results. Thus, this notice is published 

in fulfillment of the publication 

requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results with respect to Suzano as 

follows: 


ddrumheller on DSK120RN23PROD with NOTICES1
59506 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Notices 

15See 19 CFR 351.106(c)(2). 

Exporter/producer 

Final results of 

redetermination 

weighted-average 

dumping margin 

(percent) 

Suzano S.A ............... 8.63 

Cash Deposit Requirements 

Because Suzano has a superseding 

cash deposit rate, i.e., there have been 

final results published in a subsequent 

administrative review, we will not issue 

revised cash deposit instructions to U.S. 

Customs and Border Protection (CBP). 

This notice will not affect the current 

cash deposit rate. 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that: were produced and 

exported by Suzano, and were entered, 

or withdrawn from warehouse, for 

consumption during the period March 

1, 2018, through February 28, 2019. 

These entries will remain enjoined 

pursuant to the terms of the injunction 

during the pendency of any appeals 

process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, upheld by a 

final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess antidumping duties on 

unliquidated entries of subject 

merchandise produced and exported by 

Suzano in accordance with 19 CFR 

351.212(b). We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review when the importer-specific ad 

valorem assessment rate is not zero or 

de minimis. Where an importer-specific 

ad valorem assessment rate is zero or de 

minimis,15 we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: August 23, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2023–18573 Filed 8–28–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

[Docket No.: 230816–0196] 

National Cybersecurity Center of 

Excellence (NCCoE) Accelerate 

Adoption of Digital Identities on Mobile 

Devices 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice. 

SUMMARY: The National Institute of 

Standards and Technology (NIST) 

invites organizations to provide letters 

of interest describing technical expertise 

and products to support and 

demonstrate International Organization 

for Standardization/International 

Electrotechnical Commission (ISO/IEC) 

18013–5 and ISO/IEC 18013–7 

standards capabilities for the Accelerate 

Adoption of Digital Identities on Mobile 

Devices project. This notice is the initial 

step for the National Cybersecurity 

Center of Excellence (NCCoE) in 

collaborating with technology 

companies to address cybersecurity 

challenges identified under the 

Accelerate Adoption of Digital Identities 

on Mobile Devices project. Participation 

in the project is open to all interested 

organizations. 

DATES: Collaborative activities will 

commence as soon as enough completed 

and signed letters of interest have been 

returned to address all the necessary 

components and capabilities, but no 

earlier than September 28, 2023. 

ADDRESSES: The NCCoE is located at 

9700 Great Seneca Highway, Rockville, 

MD 20850. Letters of interest must be 

submitted to mdl-nccoe@nist.gov or via 

hardcopy to National Institute of 

Standards and Technology, NCCoE; 

9700 Great Seneca Highway, Rockville, 

MD 20850. Interested parties can access 

the letter of interest request by visiting 

https://www.nccoe.nist.gov/projects/ 

digital-identities-mdl and completing 

the letter of interest webform. NIST will 

announce the completion of the 

selection of participants and inform the 

public that it is no longer accepting 

letters of interest for this project at 

https://www.nccoe.nist.gov/projects/ 

digital-identities-mdl. Organizations 

whose letters of interest are accepted in 

accordance with the process set forth in 

the SUPPLEMENTARY INFORMATION section 

of this notice will be asked to sign an 

NCCoE consortium Cooperative 

Research and Development Agreement 

(CRADA) with NIST. An NCCoE 

consortium CRADA template can be 

found at: https://www.nccoe.nist.gov/ 

publications/other/nccoe-consortiumcrada-example. 

FOR FURTHER INFORMATION CONTACT: 

Ketan Mehta via email at mdl-nccoe@

nist.gov; by phone at (301) 975–8405; or 

by mail to National Institute of 

Standards and Technology, NCCoE; 

9700 Great Seneca Highway, Rockville, 

MD 20850. Additional details about the 

Accelerate Adoption of Digital Identities 

on Mobile Devices project are available 

at https://www.nccoe.nist.gov/projects/ 

digital-identities-mdl. 

SUPPLEMENTARY INFORMATION: 

Background: The NCCoE, part of 

NIST, is a public-private collaboration 

for accelerating the widespread 

adoption of integrated cybersecurity 

tools and technologies. The NCCoE 

brings together experts from industry, 

government, and academia under one 

roof to develop practical, interoperable 

cybersecurity approaches that address 

the real-world needs of complex 

Information Technology (IT) and 

Operational Technology (OT) systems. 

By accelerating dissemination and use 

of these integrated tools and 

technologies for protecting IT and OT 

assets, the NCCoE will enhance trust in 

U.S. IT and OT communications, data, 

and storage systems; reduce risk for 

companies and individuals using IT and 

OT systems; and encourage 

development of innovative, job-creating 

cybersecurity products and services. 

Process: NIST is soliciting responses 

from all sources of relevant security 

capabilities (see below) to enter into an 

NCCoE Cooperative Research and 

Development Agreement (CRADA) to 

provide technical expertise and 

products to support and demonstrate 

ISO/IEC 18013–5 and ISO/IEC 18013–7 

standards capabilities for the Accelerate 

Adoption of Digital Identities on Mobile 

Devices project. The full project can be 

viewed at: https://www.nccoe.nist.gov/ 

projects/digital-identities-mdl. 

Interested parties can access the 

request for a letter of interest template 

by visiting the project website at https:// 

www.nccoe.nist.gov/projects/digitalidentities-mdl and completing the letter 

of interest webform. On completion of 

the webform, interested parties will 

receive access to the letter of interest 

template, which the party must 

complete, certify as accurate, and 

submit to NIST by email or hardcopy. 

NIST will contact interested parties if 

there are questions regarding the 

responsiveness of the letters of interest 

to the project objective or requirements 

identified below. NIST will select 

participants who have submitted 


ddrumheller on DSK120RN23PROD with NOTICES1