[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4243-4244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01505]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840]


Lightweight Thermal Paper From Germany: Notice of Court Decision 
Not in Harmony With Final Results and Notice of Amended Final Results 
of Antidumping Duty Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 31, 2014, the United States Court of International 
Trade (CIT) entered its final judgment in Papierfabrik August Koehler 
AG v. United States, Court No. 11-00147, affirming the Department of 
Commerce's (the Department) final results of redetermination pursuant 
to remand of the 2008-2009 antidumping duty administrative review of 
lightweight thermal paper from Germany (Remand Redetermination).\1\ 
Consistent with the decision of the United States Court of Appeals for 
the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 
(Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. 
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond 
Sawblades), the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's final 
results of the administrative review of the antidumping duty order on 
lightweight thermal paper from Germany covering

[[Page 4244]]

the period of review (POR) November 20, 2008, through October 31, 
2009,\2\ and is amending the Final Results with respect to the 
weighted-average dumping margin assigned to Papierfabrik August Koehler 
AG (Koehler).
---------------------------------------------------------------------------

    \1\ See Final Results Of Redetermination Pursuant To Court 
Remand, Lightweight Thermal Paper from Germany Papierfabrik August 
Koehler AG v. United States, Court No.11-00147, Slip 0p.14-31 (CIT 
March 25, 2014), dated June 23, 2014 (Remand Redetermination).
    \2\ See Lightweight Thermal Paper From Germany: Notice of Final 
Results of the First Antidumping Duty Administrative Review, 76 FR 
22078 (April 20, 2011) (Final Results).

---------------------------------------------------------------------------
DATES:   Effective Date: January 10, 2015.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or George McMahon, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3692 and (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 20, 2011, the Department published its Final Results in 
which it assigned Koehler a weighted-average dumping margin of 3.77 
percent.\3\ At the CIT, Koehler challenged the Department's 
determination to deny Koehler's claimed adjustment for certain home 
market rebates in the Final Results.\4\ Upon review, the CIT remanded 
the Final Results, holding that the Department's decision to disallow 
an adjustment to Koehler's normal value for its monthly home market 
rebates (monatsbonus) was unsupported by law because the governing 
regulations \5\ did not give the Department the discretion not to allow 
for such an adjustment.\6\ On remand, the Department reconsidered its 
findings and determined, under protest, that the court's interpretation 
of the relevant regulations resulted in no alternative but to alter the 
Final Results by granting the home market rebate price adjustment 
claimed by Koehler.\7\ The resulting recalculated rate for Koehler is 
0.03 percent, which is de minimis.\8\ On December 31, 2014, the CIT 
entered final judgment affirming the Remand Redetermination.\9\
---------------------------------------------------------------------------

    \3\ Id.
    \4\ See Papierfabrik August Koehler AG v. United States, Court 
No. 11-00147.
    \5\ See 19 CFR 351.401(c) and 19 CFR 351.102(b)(38).
    \6\ See Papierfabrik August Koehler AG v. United States, 971 F. 
Supp. 2d 1246, 1250-59 (CIT 2014).
    \7\ See Remand Redetermination at 4-5.
    \8\ Id.
    \9\ See Papierfabrik August Koehler AG v. United States, Court 
No. 11-000147, Slip Op. 14-160 (CIT December 31, 2014).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (the Act), the Department must publish a 
notice of a court decision that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The CIT's December 31, 2014 judgment 
affirming the Department's Remand Redetermination with respect to 
Koehler constitutes a final decision of the Court that is not in 
harmony with the Department's Final Results. This notice is published 
in fulfillment of the publication requirements of Timken.

Amended Final Results

    Because there is now a final court decision, we are amending the 
Final Results with respect to Koehler's margin for the period November 
20, 2008, through October 31, 2009. The revised weighted-average 
dumping margin is as follows:

------------------------------------------------------------------------
                                            Weighted-average margin
        Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Papierfabrik August Koehler AG.......  0.03 (de minimis.)
------------------------------------------------------------------------

    Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal, or, if appealed, pending a final and conclusive court 
decision. In the event the CIT's final judgment is not appealed, or if 
appealed, upheld by the CAFC, the Department will instruct U.S. Customs 
and Border Protection to liquidate unliquidated entries of the subject 
merchandise exported by Koehler during the POR without regard to duties 
because Koehler's revised rate, as determined in the Remand 
Redetermination, is de minimis.\10\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Since the Final Results, the Department has established a new cash 
deposit rate for Koehler. Therefore, Koehler's cash deposit rate does 
not need to be updated as a result of these amended final results. The 
cash deposit rate for Koehler will remain the company-specific rate 
established for the most recent period during which the respondent was 
reviewed, which is 0.00 percent.\11\
---------------------------------------------------------------------------

    \11\ See Lightweight Thermal Paper From Germany: Final Results 
of Antidumping Duty Administrative Review; 2011-2012, 79 FR 34719 
(June 18, 2014).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-01505 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-DS-P