[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Pages 70959-70961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27977]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840, A-570-920]


Antidumping Duty Orders: Lightweight Thermal Paper From Germany 
and the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC''), the Department is issuing antidumping duty orders on 
lightweight thermal paper (``LWTP'') from Germany and the People's 
Republic of China (``PRC'').

DATES: Effective Date: November 24, 2008.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or George McMahon 
(Germany), or Frances Veith (PRC), AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230, telephone: (202) 482-3797, (202) 482-1167, (202) 482-4295, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 2, 2008, the Department published the final 
determinations of sales at less than fair value of LWTP from Germany 
and the PRC. See Lightweight Thermal Paper from Germany: Notice of 
Final Determination of Sales at Less Than Fair Value, 73 FR 57326 
(October 2, 2008); and Lightweight Thermal Paper from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 73 FR 57329 (October 2, 2008).
    On November 17, 2008, the ITC notified the Department of its final 
determination pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (``the Act''), that an industry in the United States is 
threatened with material injury within the meaning of section 
735(b)(1)(A)(ii) of the Act by reason of less-than-fair-value imports 
of LWTP from Germany and the PRC. See Letter from the ITC to the 
Secretary of Commerce regarding, ``Notification of Final Affirmative 
Threat Determination of Lightweight Thermal Paper from Germany and from 
the People's Republic of China,'' Investigation Nos. 701-TA-451 and 
731-TA-1126-1127 (Final) (November 17, 2008). Pursuant to section 
736(a) of the Act, the

[[Page 70960]]

Department is publishing antidumping duty orders on LWTP from Germany 
and the PRC.

Scope of the Orders

    The merchandise covered by these orders includes certain 
lightweight thermal paper, which is thermal paper with a basis weight 
of 70 grams per square meter (g/m\2\) (with a tolerance of 4.0 g/m\2\) or less; irrespective of dimensions;\1\ with or 
without a base coat \2\ on one or both sides; with thermal active 
coating(s)\3\ on one or both sides that is a mixture of the dye and the 
developer that react and form an image when heat is applied; with or 
without a top coat;\4\ and without an adhesive backing. Certain 
lightweight thermal paper is typically (but not exclusively) used in 
point-of-sale applications such as ATM receipts, credit card receipts, 
gas pump receipts, and retail store receipts. The merchandise subject 
to these orders may be classified in the Harmonized Tariff Schedule of 
the United States (``HTSUS'') under subheadings 3703.10.60, 4811.59.20, 
4811.90.8040, 4811.90.9090, 4820.10.20, and 4823.40.00.\5\ Although 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of these orders is dispositive.
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    \1\ LWTP is typically produced in jumbo rolls that are slit to 
the specifications of the converting equipment and then converted 
into finished slit rolls. Both jumbo and converted rolls (as well as 
LWTP in any other form, presentation, or dimension) are covered by 
the scope of these orders.
    \2\ A base coat, when applied, is typically made of clay and/or 
latex and like materials and is intended to cover the rough surface 
of the paper substrate and to provide insulating value.
    \3\ A thermal active coating is typically made of sensitizer, 
dye, and co-reactant.
    \4\ A top coat, when applied, is typically made of polyvinyl 
acetone, polyvinyl alcohol, and/or like materials and is intended to 
provide environmental protection, an improved surface for press 
printing, and/or wear protection for the thermal print head.
    \5\ HTSUS subheading 4811.90.8000 was a classification used for 
LWTP until January 1, 2007. Effective that date, subheading 
4811.90.8000 was replaced with 4811.90.8020 (for gift wrap, a non-
subject product) and 4811.90.8040 (for ``other'' including LWTP). 
HTSUS subheading 4811.90.9000 was a classification for LWTP until 
July 1, 2005. Effective that date, subheading 4811.90.9000 was 
replaced with 4811.90.9010 (for tissue paper, a non-subject product) 
and 4811.90.9090 (for ``other,'' including LWTP).
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Antidumping Duty Orders

    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (``CBP'') to assess, 
upon further information from the Department, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or the constructed export price) of the merchandise for 
all relevant entries of LWTP from Germany and the PRC.
    Pursuant to section 736(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination if that determination is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted without the imposition of suspension of liquidation of 
entries since the Department's preliminary determination.
    Additionally, section 736(b)(2) of the Act requires CBP to refund 
any cash deposits or bonds of estimated antidumping duties posted since 
the preliminary antidumping determination if the ITC's final 
determination is threat-based.
    Because the ITC's final determination is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted but for the imposition of suspension of liquidation of 
entries since the Preliminary Determination and Postponement of Final 
Determination\6\ section 736(b)(2) of the Act is applicable. Therefore, 
the Department will instruct CBP to assess, upon further advice, 
antidumping duties on all appropriate entries of lightweight thermal 
paper from Germany and the PRC entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the ITC's notice 
of final determination of threat of material injury in the Federal 
Register, in accordance with the following dumping margins:
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    \6\ See Lightweight Thermal Paper from Germany: Notice of 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 73 FR 27498 (May 13, 2008); and 
Lightweight Thermal Paper From the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 73 FR 27504 (May 13, 2008) 
(collectively, ``Preliminary Determination and Postponement of Final 
Determination'').
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    LWTP from Germany:

------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                    margin  (percent)
------------------------------------------------------------------------
Papierfabrik August Koehler AG and Koehler America,                 6.50
 Inc................................................
All Others..........................................                6.50
------------------------------------------------------------------------

    LWTP from the PRC:

------------------------------------------------------------------------
                                                       Weighted-average
            Exporter/producer combination              margin  (percent)
------------------------------------------------------------------------
Exporter: Shanghai Hanhong Paper Co., Ltd, also                   115.29
 known as Hanhong International Limited.............
Producer: Shanghai Hanhong Paper Co., Ltd...........
Exporter: Guangdong Guanhao High-Tech Co., Ltd......               19.77
Producer: Guangdong Guanhao High-Tech Co., Ltd......
PRC-Wide Entity\*\..................................              115.29
------------------------------------------------------------------------
\*\ Includes Anne Paper Co., Ltd. and Yalong Paper Product (Kunshan)
  Co., Ltd.

    This notice constitutes the antidumping duty orders with respect to 
LWTP from Germany and the PRC, pursuant to section 736(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 1117 of the Main Commerce Building, for copies of an updated list 
of antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).


[[Page 70961]]


    Dated: November 19, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
 [FR Doc. E8-27977 Filed 11-21-08; 8:45 am]
BILLING CODE 3510-DS-P