[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Notices]
[Pages 28851-28853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11851]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840]


Lightweight Thermal Paper From Germany: Notice of Amended Final 
Results of the 2009-2010 Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 9, 2012, the Department of Commerce (the Department) 
published its final results of the 2009-2010 administrative review for 
lightweight thermal paper (LWTP) from Germany for the period from

[[Page 28852]]

November 1, 2009, through October 31, 2010. We are amending our final 
results to correct a ministerial error made to the weighted average 
dumping margin with respect to Papierfabrik August Koehler AG 
(Koehler), pursuant to section 751(h) of the Tariff Act of 1930, as 
amended (the Act).

DATES: Effective Date: May 16, 2012.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3692.

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 2012, the Department published its final results of the 
2009-2010 administrative review for LWTP from Germany for the period 
from November 1, 2009, through October 31, 2010.\1\
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    \1\ See Lightweight Thermal Paper From Germany: Notice of Final 
Results of the 2009-2010 Antidumping Duty Administrative Review, 77 
FR 21082 (April 9, 2012) (Final Results).
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    On April 11, 2012, pursuant to 19 CFR 351.224(c), Appleton Papers 
Inc., (petitioner) alleged that the Department made a ministerial error 
by assigning an incorrect weighted-average margin of 3.99 percent with 
respect to Koehler, and requested that the Department correct the 
ministerial error. The Department agrees with the petitioner that it 
made a ministerial error by assigning an incorrect weighted-average 
margin of 3.99 percent with respect to Koehler. The Department has 
corrected this error by assigning Koehler its weighted-average margin 
of 4.33 percent, as released to the interested parties with the Final 
Results.\2\
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    \2\ See the Department's Memorandum to the File, dated May 9, 
2012, titled ``Correction of the Cover Page of the Final Calculation 
Memorandum,'' from Stephanie Moore, Case Analyst through James 
Terpstra, Program Manager.
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Amended Final Results of Review

    After analyzing petitioner's comment, we have determined, in 
accordance with section 751(h) of the Act and 19 CFR 351.224, that the 
Department has made a ministerial error in the final results 
calculation for Koehler in this administrative review, due to a 
transcription error. The Department has now corrected Koehler's final 
weighted-average margin. For a further discussion of the ministerial 
error, see ``Memorandum from James Terpstra to Melissa Skinner, re: 
Amended Final Results of the Administrative Review of the Antidumping 
Duty Order on Lightweight Thermal Paper from Germany (Period of Review: 
November 1, 2009, through October 31, 2010): Allegations of Ministerial 
Error,'' dated May 9, 2012 (Ministerial Error Memo).
    In accordance with section 751(h) of the Act, we are amending the 
final results of the antidumping duty administrative review of LWTP 
from Germany for the period November 1, 2009 through October 31, 2010. 
As a result of correcting the ministerial error discussed above, the 
following margin applies:

------------------------------------------------------------------------
           Company               Final margin     Amended  final margin
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Papierfabrik August Koehler    3.99 percent...  4.33 percent.
 AG.
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Duty Assessment

    We have been enjoined from liquidating entries of the subject 
merchandise produced and exported by Koehler.\3\ Therefore, we do not 
intend to issue liquidation instructions to U.S. Customs and Border 
Protection (CBP) for such entries covered by this administrative 
review, until the preliminary injunction issued on February 5, 2009, is 
lifted.
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    \3\ On February 5, 2009, the U.S. Court of International Trade 
issued a preliminary injunction enjoining liquidation of certain 
entries which are subject to the antidumping duty order on 
lightweight thermal paper from Germany for entries entered or 
withdrawn from warehouse for consumption on or after November 20, 
2008. Koehler was granted the injunction against liquidation as part 
of its suit against the International Trade Commission's injury 
determination in the investigation.
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    Upon lifting of the injunction, the Department shall determine and 
CBP shall assess antidumping duties on all appropriate entries. 
Pursuant to 19 CFR 351.212(b)(1), the Department calculates an 
assessment rate for each importer of the subject merchandise for each 
respondent. If any importer-specific assessment rates calculated in the 
final results are above de minimis (i.e., at or above 0.5 percent), the 
Department will issue appraisement instructions directly to CBP to 
assess antidumping duties on appropriate entries.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by the respondent for which it did not know its 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following antidumping duty deposit requirements will be 
effective upon publication of the amended final results of this 
administrative review for all shipments of lightweight thermal paper 
from Germany entered, or withdrawn from warehouse, for consumption on 
or after the publication date of these final results, as provided for 
by section 751(a) of the Act: (1) For companies covered by this review, 
the cash deposit rate will be the rate listed above; (2) for previously 
reviewed or investigated companies other than those covered by this 
review, the cash deposit rate will be the company-specific rate 
established for the most recent period; (3) if the exporter is not a 
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the producer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the subject merchandise; and (4) if neither the exporter nor the 
producer is a firm covered in this review, a prior review, or the 
investigation, the cash deposit rate will be 6.50 percent, the all-
others rate established in the less-than-fair-value investigation. See 
Antidumping Duty Orders: Lightweight Thermal Paper from Germany and the 
People's Republic of China, 73 FR 70959 (November 24, 2008). These cash 
deposit requirements 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

[[Page 28853]]

of antidumping duties prior to liquidation of the relevant entries 
during this review period. Failure to comply with this requirement 
could result in the Secretary's presumption that reimbursement of 
antidumping duties occurred and the subsequent increase in antidumping 
duties by the amount of antidumping and/or countervailing duties 
reimbursed.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(5). 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 terms of an APO is a sanctionable violation.
    These amended final results of administrative review and notice are 
issued and published in accordance with sections 751(a)(1) and (h), and 
777(i)(1) of the Act, and 19 CFR 351.224.

    Dated: May 10, 2012.
Lynn Fischer Fox,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-11851 Filed 5-15-12; 8:45 am]
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