[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78335-78336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30658]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840]


Lightweight Thermal Paper from Germany: Preliminary Results of 
Antidumping Duty Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on lightweight 
thermal paper (LWTP) from Germany. The period of review (POR) is 
November 1, 2011, through October 31, 2012. The review covers one 
producer and exporter of the subject merchandise, Papierfabrik August 
Koehler SE (formerly Papierfabrik August Koehler AG) (Koehler). We have 
preliminarily determined that sales of subject merchandise by Koehler 
have not been made at prices below normal value. In addition, we have 
preliminarily determined that Papierfabrik August Koehler SE is the 
successor-in-interest to Papierfabrik August Koehler AG.

DATES: Effective Date: December 26, 2013.

FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482-
4136.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise covered by the order is lightweight thermal paper. 
The merchandise subject to the order is currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 3703.10.60, 4811.59.20, 4811.90.8000, 4811.90.8030, 
4811.90.8040, 4811.90.8050, 4811.90.9000, 4811.90.9030, 4811.90.9035, 
4811.90.9050, 4811.90.9080, 4811.90.9090, 4820.10.20, and 4823.40.00. 
Although the HTSUS numbers are provided for convenience and customs 
purposes, the written product description, available in the Order, 
remains dispositive.\1\
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    \1\ For a complete description of the scope, see Antidumping 
Duty Orders: Lightweight Thermal Paper from Germany and the People's 
Republic of China, 73 FR 70959 (November 24, 2008) (Order); see also 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review; 2011-2012: Lightweight Thermal Paper 
from Germany,'' dated concurrently with this notice (Preliminary 
Decision Memorandum).
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Methodology

    The Department has conducted this review in accordance with 
sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended 
(the Act). Export price and constructed export price are calculated in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum, which is hereby adopted by 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 (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed at http://enforcement.trade.gov/frn/. The 
signed and electronic versions of the Preliminary Decision Memorandum 
are identical in content.

Preliminary Results of the Review \2\
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    \2\ As explained in the memorandum from the Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from October 1, through October 16, 2013. See 
Memorandum for the Record from Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (October 18, 2013). Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the preliminary determination 
in this investigation is now December 18, 2013.
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    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin of 0.00 percent exists for Koehler for 
the period November 1, 2011, through October 31, 2012.

Disclosure and Public Comment

    We will disclose the calculations performed to parties in this 
segment of the proceeding within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice.\3\ 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.\4\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \3\ See 19 CFR 351.309(c).
    \4\ See 19 CFR 351.309(d).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce. All documents must be filed 
electronically using IA ACCESS. An electronically filed request must be 
received successfully in its entirety by IA ACCESS by 5:00 p.m. Eastern 
Standard Time, within 30 days after the date of publication of this 
notice.\5\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and

[[Page 78336]]

date to be determined. Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.
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    \5\ See 19 CFR 351.310(c).
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    The Department will issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\6\
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    \6\ See 19 CFR 351.212(b).
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    If Koehler's weighted-average dumping margin is above de minimis 
(i.e., 0.50 percent) in the final results of this review, we will 
calculate an importer-specific per-unit duty assessment rate by 
aggregating the total amount of antidumping duties calculated for the 
examined sales and dividing this amount by the total quantity of those 
sales, because Koehler did not report entered value for all its U.S. 
sales. To determine whether this duty assessment rate is de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
will calculate an importer-specific ad valorem ratio based on the 
estimated entered value.
    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where either Koehler's weighted-average dumping margin is 
zero or de minimis, or the importer-specific assessment rate is zero or 
de minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.\7\
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    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012); 19 CFR 351.106(c)(2).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by Koehler 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).
    We intend to issue instructions to CBP 15 days after the 
publication date of the final results of this review.

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 Koehler will be 
the rate 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 previously reviewed or investigated companies not 
participating in this review, the cash deposit rate will continue to be 
the company-specific rate published for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 6.50 percent, the 
all-others rate established in Lightweight Thermal Paper from Germany: 
Notice of Final Determination of Sales at Less Than Fair Value, 73 FR 
57326, 57328 (October 2, 2008). These requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement 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 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 17, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope of the Order
2. Successor-in-Interest
3. Date of Sale and Universe of U.S. Sales
4. Fair Value Comparisons
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
5. Product Comparisons
6. Export Price and Constructed Export Price
7. Normal Value
    A. Home Market Viability and Selection of Comparison Market
    B. Level of Trade
    C. Cost of Production Analysis
    D. Calculation of Normal Value Based on Comparison-Market Prices
8. Duty Absorption
9. Currency Conversion
10. Verification

[FR Doc. 2013-30658 Filed 12-24-13; 8:45 am]
BILLING CODE 3510-DS-P