90 FR 130 pgs. 30625-30627 - Certain Uncoated Paper From Brazil: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
Type: NOTICEVolume: 90Number: 130Pages: 30625 - 30627
Pages: 30625, 30626, 30627Docket number: [A-351-842]
FR document: [FR Doc. 2025-12785 Filed 7-9-25; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-842]
Certain Uncoated Paper From Brazil: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on certain uncoated paper (uncoated paper) from Brazil for the period of review (POR) March 1, 2023, through February 29, 2024. Commerce preliminarily finds that Suzano S.A. (Suzano) made sales of subject merchandise at prices below normal value (NV) during the POR. Additionally, we are rescinding this administrative review, in part, with respect to one company, Sylvamo do Brasil Ltda. and Sylvamo Exports Ltda. (collectively, Sylvamo) as it had no reviewable entries of subject merchandise during the POR. We invite interested parties to comment on these preliminary results.
DATES:
Applicable July 10, 2025.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer, 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) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2016, Commerce published in the Federal Register the AD order on uncoated paper from Brazil. 1 On March 1, 2024, Commerce published a notice of opportunity to request an administrative review of the Order for the POR. 2 Pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b)(1), Commerce received timely requests to conduct an administrative review of the Order from Domtar Corporation (the petitioner) and Suzano. 3
Footnotes:
1 ? See 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 ).
2 ? See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 89 FR 15157 (March 1, 2024).
3 ? See Petitioner's Letter, "Request For Administrative Review," dated March 29, 2024; see also Suzano's Letter, "Request for Administrative Review of Suzano S.A.," dated March 29, 2024.
On May 8, 2024, Commerce initiated an administrative review of the AD order on uncoated paper from Brazil, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). 4 This review covers one producer/exporter of subject merchandise, Suzano. 5
Footnotes:
4 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 89 FR 38867 (May 8, 2024).
5 ?Commerce previously determined that Suzano is the successor-in-interest to Suzano Papel e Celulose S.A. See Certain Uncoated Paper from Brazil: Final Results of Antidumping Duty Administrative Review; 2019-2020, 86 FR 55820 (October 7, 2021).
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On November 26, 2024, Commerce extended the deadline for these preliminary results until April 4, 2025. 6 On December 9, 2024, Commerce tolled certain administrative deadlines in this administrative review by 90 days. 7 Accordingly, the deadline for these final results is now July 3, 2025. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 8
Footnotes:
6 ? See Memorandum, "Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review," dated November 26, 2024.
7 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated December 9, 2024.
8 ? See Memorandum, "Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Certain Uncoated Paper from Brazil; 2023-2024," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Order
The merchandise subject to the Order is uncoated paper from Brazil. For a full description of the scope, see the Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject merchandise during the POR subject to the antidumping duty order for which liquidation is suspended, Commerce may rescind an administrative review, in whole or only with respect to a particular exporter or producer. At the end of the administrative review, any suspended entries are liquidated at the assessment rate computed for the review period. Therefore, for an administrative review to be conducted, there must be at least one reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection to liquidate at the newly calculated assessment rate. On June 12, 2025, Commerce notified all interested parties of its intent to rescind this review with respect to Sylvamo because Sylvamo had no reviewable, suspended entries of subject merchandise, and we invited parties to comment. 9 We did not receive comments regarding our Intent to Rescind Memorandum and are therefore rescinding this review, in part, with regard to Sylvamo, as discussed in the Preliminary Decision Memorandum.
Footnotes:
9 ? See Memorandum, "Notice of Intent to Rescind Review, In Part," dated June 12, 2025 (Intent to Rescind Memorandum).
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. We calculated constructed export price in accordance with section 772 of the Act. We calculated NV in accordance with section 773 of the Act.
For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-average dumping margin exists for the period March 1, 2023, through February 29, 2024:
| Exporter/producer | Weighted- average dumping margin (percent) |
|---|---|
| Suzano S.A | 14.42 |
Disclosure
We intend to disclose the calculations performed to parties within five days after public announcement of the preliminary results or, if there is no public announcement, within five days of the date of publication of this notice. 10
Footnotes:
10 ? See 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified the deadline for interested parties to submit case briefs to Commerce to no later than 21 days after the date of the publication of this notice. 11 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs. 12 Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 13
Footnotes:
11 ? See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for general filing requirements).
12 ? See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) ( Final Rule ).
13 ? See 19 CFR 351.309(c)(2) and (d)(2).
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. 14 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 15
Footnotes:
14 ?We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
15 ? See Final Rule.
Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. 16 Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in case and rebuttal briefs. 17 If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. A hearing request must be filed electronically using ACCESS and received in its entirety by 5:00 p.m. Eastern Time within 30 days after the publication of this notice.
Footnotes:
16 ? See 19 CFR 351.310(c).
17 ? See 19 CFR 351.310.
Assessment Rates
[top] Upon completion of the final results of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate
Footnotes:
18 ? See 19 CFR 351.212(b).
19 ? See section 751(a)(2)(C) of the Act.
In accordance with Commerce's "automatic assessment" practice, for entries of subject merchandise during the POR produced by Suzano for which the company did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate established in the original less-than-fair-value (LTFV) investigation ( i.e., 27.11 percent)? 20 if there is no rate for the intermediate company(ies) involved in the transaction. 21
Footnotes:
20 ? See Order, 81 FR at 11176.
21 ?For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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 rate for the company listed above will be equal to the weighted-average dumping margins established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for merchandise exported by a company not covered in this review, but covered in a prior segment of the proceeding, the cash deposit rate will be the company-specific rate published for the most recently-completed segment in which it was reviewed; (3) if the exporter is not a firm covered in this review or in the original LTFV investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 27.11 percent, the all-others rate established in the LTFV investigation. 22 These cash deposit requirements, when imposed, shall remain in effect until further notice.
Footnotes:
22 ? See Order, 81 FR at 11176.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary 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 occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(2) and 19 CFR 351.221(b)(4).
Dated: July 3, 2025.
Christopher Abbott,
Acting Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2025-12785 Filed 7-9-25; 8:45 am]
BILLING CODE 3510-DS-P