Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Notices 70647 

9See NEXTEEL Co., Ltd. et al. v. United States, 

Slip. Op. 23–103, Consol. Court No. 20–03898 (CIT 

2023). 

10See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

11See Diamond Sawblades Mfrs. Coal. v. United 

States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond 

Sawblades). 

12This rate is based on the rates for the 

respondents that were selected for individual 

review, excluding rates that are zero, de minimis, 

or based entirely on facts available. See section 

735(c)(5)(A) of the Act. Husteel and Hyundai Steel 

are the only two companies not selected for 

individual review in this administrative review that 

have unliquidated entries subject to this litigation. 

Commerce has already liquidated entries for the 

other non-selected respondents in this 

administrative review. 

13See 19 CFR 351.106(c)(2). 

1See Certain Uncoated Paper from Brazil: 

Preliminary Results of the Antidumping Duty 

Administrative Review; 2021–2022, 88 FR 20478 

(April 6, 2023) (Preliminary Results). 

2See Memorandum, ‘‘Extension of Deadline for 

Final Results of the 2021–2022 Antidumping Duty 

Administrative Review,’’ dated July 19, 2023. 

3See Memorandum, ‘‘Certain Uncoated Paper 

from Brazil: Issues and Decision Memorandum for 

the Final Results of the Administrative Review of 

the Antidumping Duty Order; 2021–2022,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

The CIT sustained Commerce’s Second 

Remand Results on July 14, 2023.9

Timken Notice 

In its decision in Timken,10 as 

clarified by Diamond Sawblades,11 the 

U.S. Court of Appeals for the Federal 

Circuit held that, pursuant to section 

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 

July 14, 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 Husteel, 

Hyundai Steel, NEXTEEL, and SeAH for 

the period December 1, 2017, through 

November 30, 2018, as follows: 

Producer or exporter 

Weightedaverage 

dumping 

margin 

(percent) 

NEXTEEL Co., Ltd ............................................................................................................................................................................... 1.12 

SeAH Steel Corporation ...................................................................................................................................................................... 0.00 

Review-Specific Average Rate Applicable to the Following Companies: 12

Husteel Co., Ltd ................................................................................................................................................................................... 1.12 

Hyundai Steel Company/Hyundai HYSCO .......................................................................................................................................... 1.12 

Cash Deposit Requirements 

Because NEXTEEL, SeAH, and the 

non-selected companies Husteel and 

Hyundai Steel have 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 rates for those exporters/ 

producers. 

Liquidation of Suspended Entries 

Because the CIT’s ruling has not been 

appealed, Commerce intends to instruct 

CBP to assess antidumping duties on 

unliquidated entries of subject 

merchandise produced and/or exported 

by NEXTEEL, SeAH, and the nonselected companies, Husteel and 

Hyundai Steel, 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 import-specific 

ad valorem assessment rate is zero or de 

minimis,13 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: October 4, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–22454 Filed 10–11–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–842] 

Certain Uncoated Paper From Brazil: 

Final Results of Antidumping Duty 

Administrative Review; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

Suzano S.A. made sales of subject 

merchandise at prices below normal 

value during the period of review (POR) 

March 1, 2021, through February 28, 

2022. Commerce also determines that 

Sylvamo do Brasil Ltda. and Sylvamo 

Exports Ltda. (collectively, Sylvamo) 

did not make sales of subject 

merchandise at prices below normal 

value during the POR. 

DATES: Applicable October 12, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Maciuba or Nathan James, 

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) 482–0413 or 

(202) 482–5305, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 6, 2023, Commerce 

published the Preliminary Results, and 

invited interested parties to comment.1

On July 19, 2023, we extended the 

deadline for these final results to 

October 3, 2023.2 For a complete 

description of the events that occurred 

since the Preliminary Results, see the 

Issues and Decision Memorandum.3

Commerce conducted this 

administrative review in accordance 

with section 751 of the Tariff Act of 

1930, as amended (the Act). 

Scope of the Order 4

The product covered by this Order is 

certain uncoated paper from Brazil. For 


ddrumheller on DSK120RN23PROD with NOTICES1
70648 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Notices 

4See 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 

11174 (March 3, 2016) (Order). 

5For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 6See Order. 

a full description of the scope, see the 

Issues and Decision Memorandum. 

Analysis of Comments Received 

We addressed the issue raised in the 

case and rebuttal brief in the Issues and 

Decision Memorandum. The issue 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. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Changes Since the Preliminary Results 

Following a review of the record and 

comments received from interested 

parties, we have made no changes to the 

Preliminary Results. 

Final Results of the Review 

Commerce determines that the 

following estimated weighted-average 

dumping margins exist for the period 

March 1, 2021, through February 28, 

2022: 

Exporter/producer 

Weighted 

average 

dumping 

margin 

(percent) 

Suzano S.A ................................. 7.17 

Sylvamo do Brasil Ltda./Sylvamo 

Exports Ltda ............................ 0.00 

Disclosure 

Because we made no changes to the 

calculations performed in connection 

with the Preliminary Results, there are 

no new calculations to disclose, in 

accordance with 19 CFR 351.224(b), for 

these final results. 

Assessment Rates 

Pursuant to section 751(a)(2)(A) 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 covered by this 

review. 

Because Suzano’s weighted-average 

dumping margin is not zero or de 

minimis (i.e., less than 0.5 percent), we 

calculated importer-specific ad valorem 

assessment rates based on the ratio of 

the total amount of dumping calculated 

for the examined sales to the total 

entered value of the sales. Where 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 Sylvamo, because its weightedaverage dumping margin is zero, we will 

instruct CBP to liquidate entries 

reported in this review without regard 

to antidumping duties. 

Consistent with Commerce’s 

assessment practice, for entries of 

subject merchandise during the POR 

produced by Suzano or Sylvamo for 

which they did not know their 

merchandise was destined for the 

United States, we will instruct CBP to 

liquidate unreviewed entries at the allothers rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.5

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). 

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 rates for Suzano and 

Sylvamo will be the rates established in 

the final results of this administrative 

review; (2) for previously reviewed or 

investigated companies not listed above, 

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-fairvalue (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 27.11 

percent, the all-others rate established 

in the LTFV investigation.6 These cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

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 

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 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: October 3, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—List of Topics Discussed in 

the Issues and Decisions Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issue 

Comment: Constructed Export Price Offset 

for Suzano S.A. 

VI. Recommendation 

[FR Doc. 2023–22574 Filed 10–11–23; 8:45 am] 

BILLING CODE 3510–DS–P 


ddrumheller on DSK120RN23PROD with NOTICES1