[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42137-42138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17937]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1127 (Final) (Remand)]


Certain Lightweight Thermal Paper From Germany; Remand 
Proceedings

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the court-ordered remand of its final 
determination in Investigation No. 731-TA-1127 concerning certain 
lightweight thermal paper (``LWTP'') from Germany. For further 
information concerning the conduct of this proceeding and rules of 
general application, consult the Commission's Rules of Practice and 
Procedure, Part 201, subparts A through E (19 CFR part 201), and part 
207, subpart A (19 CFR part 207).

DATES: Effective Date: July 1, 2011.

FOR FURTHER INFORMATION CONTACT: Christopher Cassise, Office of 
Investigations, telephone 202-708-5408, or Marc A. Bernstein, Office of 
General Counsel, telephone 202-205-3087, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired 
persons can obtain information on this matter by contacting the 
Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its Internet server (http://www.usitc.gov). The public record 
of Investigation No. 731-TA-1127 may be viewed on the Commission's 
electronic docket (``EDIS'') at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background.--In November 2008, the 
Commission determined that a domestic industry was threatened with 
material injury by reason of imports of certain lightweight thermal 
paper from Germany that the Department of Commerce found were sold at 
less than fair value (LTFV). Papierfabrik August Koehler AG and Koehler 
America, Inc. (collectively ``Koehler''), respectively an exporter and 
importer of LWTP from Germany, contested the Commission's determination 
before the Court of International Trade (CIT). The CIT affirmed the 
Commission's determination. Papierfabrik August Koehler AG v. United 
States, 675 F. Supp.2d 1172 (Ct. Int'l Trade 2009). On appeal, the 
United States Court of Appeals for the Federal Circuit vacated the 
judgment of the CIT. The Federal Circuit held that the Commission 
improperly failed to consider certain materials Koehler introduced, 
consisting of a worksheet prepared in the Commerce dumping 
investigation containing intermediate dumping margin calculations 
concerning certain types of LWTP, including LWTP having basis weight of 
48 grams per square meter (``48 gram LWTP''). Papierfabrik August 
Koehler AG v. United States, App. No. 2010-1147 (Fed. Cir. January 11, 
2011) (non-precedential opinion). The Federal Circuit subsequently 
denied the Commission's petition for rehearing and rehearing en banc. 
Paperfabrik August Koehler AG v. United States, App. No. 2010-1147 
(Fed. Cir. May 18, 2011). On June 15, 2011, the CIT remanded this 
matter to the Commission. It ordered the Commission to take ``action 
consistent with the [Federal Circuit] decision'' and ``to revise its 
final determination with respect to the threat of material injury from 
subject merchandise from Germany, in accordance with the decision [of 
the Federal Circuit]. The Commission shall specifically explain how its 
decision to deny Koehler's request to exclude a subset of subject 
merchandise from the Commission's threat of material injury 
determination complies with the Court of Appeals' interpretation of 19 
U.S.C. 1673d(c)(1)(A) and the decision in Algoma Steel Corp. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989).'' Papierfabrik August Koehler AG 
v. United States, Slip. Op. 11-67 (Ct. Int'l Trade June 15, 2011).
    Participation in the proceeding.--Only those persons who were 
interested parties to the original investigation (i.e., persons listed 
on the Commission Secretary's service list) and participated in the 
appeal proceedings before the Federal Circuit may participate in the 
remand proceeding. Such persons need not re-file their appearance 
notices or protective order applications to participate in the remand 
proceeding. Business proprietary information (``BPI'') referred to 
during the remand proceeding will be governed, as appropriate, by the 
administrative protective order issued in the original investigation.
    Written submissions.--The Commission is reopening the record to 
obtain additional information pertinent to the issue on which the CIT 
has directed a remand. In addition, the Commission will permit the 
parties to file comments pertaining to any new factual information and 
the following issues:
    1. The nature of the action the opinion of the Federal Circuit and 
the remand instructions of the CIT require the Commission to take on 
remand.
    2. What factual findings and legal conclusions the Commission 
should make in light of the information in the remand record from 
Department of Commerce proceedings concerning dumping of imports of 48 
gram LWTP from Germany.
    Comments should be limited to no more than twenty (20) double-
spaced and single-sided pages of textual material. The parties may not 
submit any new factual information in their comments and may not 
address any issue other than those listed above. Any such comments must 
be filed with the Commission no later than August 5, 2011.
    All written submissions must conform with the provisions of section 
201.8 of the Commission's rules; any submissions that contain BPI must 
also conform with the requirements of sections 201.6, 207.3, and 207.7 
of the Commission's rules. The Commission's rules do not authorize 
filing of submissions with the Secretary by facsimile or electronic 
means, except to

[[Page 42138]]

the extent permitted by section 201.8 of the Commission's rules, as 
amended, 67 FR 68036 (Nov. 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Parties are also advised to consult with the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and Part 207, subpart A (19 CFR Part 207) for provisions of 
general applicability concerning written submissions to the Commission.

    Issued: July 12, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17937 Filed 7-15-11; 8:45 am]
BILLING CODE 7020-02-P