[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Pages 16059-16060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05930]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-921]


Lightweight Thermal Paper From the People's Republic of China: 
Final Results of the Expedited Second Sunset Review of the 
Countervailing Duty Order

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

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on lightweight thermal paper from 
the People's Republic of China (PRC) would be likely to lead to 
continuation or recurrence of countervailable subsidies.

DATES: Applicable March 20, 2020.

FOR FURTHER INFORMATION CONTACT: Dusten Hom or Mary Kolberg, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-5075 or (202) 482-1785, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 24, 2008, Commerce published the countervailing duty 
order on lightweight thermal paper from the People's Republic of 
China.\1\ On December 2, 2019, Commerce published the initiation of the 
second sunset review of this order, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\2\ On December 13, 2019, 
Commerce received a notice of intent to participate from Appvion 
Operations, Inc. (Appvion) and Kanzaki Specialty Papers Inc. (Kanzaki) 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Appvion 
and Kanzaki (domestic interested parties) claimed interested party 
status under section 771(9)(C) of the Act as producers of lightweight 
thermal paper in the United States.
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    \1\ See Lightweight Thermal Paper from the People's Republic of 
China: Notice of Amended Final Affirmative Countervailing Duty 
Determination and Notice of Countervailing Duty Order, 73 FR 70958 
(November 24, 2008) (CVD Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 84 FR 65968 
(December 2, 2019).
    \3\ See Appvion's and Kanzaki's Letter, ``Five-Year (`Sunset') 
Review of Countervailing Duty Order on Lightweight Thermal Paper 
from the People's Republic of China: Domestic Industry Notice of 
Intent to Participate,'' dated December 13, 2019.
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    On December 23, 2019, Commerce received an adequate substantive 
response from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3).\4\ Commerce did not receive 
any submissions from any other interested parties. Because Commerce did 
not receive a substantive response from either the Government of China 
(GOC) or the respondent interested parties who are producers or 
exporters of lightweight thermal paper, we determined that respondent 
interested parties provided inadequate responses to Commerce's notice 
of initiation.
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    \4\ See Appvion's and Kanzaki's Letter, ``Five-Year (`Sunset') 
Review of Countervailing Duty Order on Lightweight Thermal Paper 
from the People's Republic of China: Domestic Industry Substantive 
Response,'' dated December 23, 2019.
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    On December 23, 2019, Commerce notified the U.S. International 
Trade Commission that it did not receive an adequate substantive 
response from respondent interested parties.\5\ As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)-(C), 
Commerce is conducting an expedited (120-day) sunset review of the CVD 
Order.
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    \5\ See Commerce's Letter, ``Sunset Reviews Initiated December 
2, 2019,'' dated December 23, 2019.
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Scope of the Order

    Imports covered by the Order are shipments of 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

[[Page 16060]]

 4.0 g/m\2\) or less; irrespective of dimensions; \6\ with 
or without a base coat \7\ on one or both sides; with thermal active 
coating(s) \8\ 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; \9\ 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.
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    \6\ Lightweight thermal paper 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 this order.
    \7\ A base coat, when applied is typically made of clay and/or 
latex like materials and is intended to cover the rough surface of 
the paper substrate and to provide insulating value.
    \8\ A thermal active coating is typically made of sensitizer, 
dye, and co-reactant.
    \9\ 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.
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    The merchandise subject to this order may be classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 4811.90.9035, 4811.90.9080, 4811.59.2000, 4820.10.20, 
4823.40.0000, 3703.10.60, 4811.90.8030, 4811.90.8040, 4811.90.8050, 
4811.90.9030, 4811.90.9050, and 4811.90.9090.10 11 Although 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this order is dispositive.
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    \10\ HTSUS subheading 4811.90.8000 was a classification used for 
lightweight thermal paper until January 1, 2007. Effective that 
date, subheading 4811.90.8000 was replaced with 4811.90.8020 (for 
gift wrap, anon-subject product) and 4811.90.8040 (for ``other'' 
including lightweight thermal paper). HTSUS subheading 4811.90.8000 
was a classification for lightweight thermal paper 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 lightweight thermal paper).
    \11\ As of January 1, 2009, the International Trade Commission 
deleted HTSUS subheadings 4811.90.8040 and 4811.90.9090 and added 
HTSUS subheadings 4811.90.8030, 4811.90.8050, 4811.90.9030, and 
4811.90.9050 to the Harmonized Tariff Schedule of the United States 
(2009). See Harmonized Tariff Schedule of the United States (2009), 
available at www.usitc.gov. These HTSUS subheadings were added to 
the scope of the order in lightweight thermal paper's LTFV 
investigation.
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Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum,\12\ which is dated concurrently with and hereby 
adopted by this notice. The issues discussed in the Issues and Decision 
Memorandum are the likelihood of continuation or recurrence of a 
countervailable subsidy and the net countervailable subsidy likely to 
prevail if the order were revoked. The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and to all parties in the Central Records Unit, 
Room B8024 of the main Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn. The signed and electronic versions 
of the Issues and Decision Memorandum are identical in content.
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    \12\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Second Expedited Five-Year Sunset Review of the 
Countervailing Duty Order on certain Lightweight Thermal Paper from 
the People's Republic of China,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(b)(1) and (3) of the Act, we 
determine that revocation of the CVD Order would be likely to lead to 
continuation or recurrence of countervailable subsidies at the 
following net countervailable subsidy rates:

------------------------------------------------------------------------
                                                            Net subsidy
           Manufacturers/producers/ exporters                  rate
                                                             (percent)
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Guangdong Guanhao High-Tech Co., Ltd....................           13.63
Shenzhen Yuanming Industrial Development Co., Ltd.......          138.53
MDCN Technology Co., Ltd................................          124.93
Xiamen Anne Paper Co., Ltd..............................          124.93
All Others..............................................           13.63
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Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: March 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. History of the Order
3. Background
4. Scope of the Order
5. Discussion of the Issues
    a. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    b. Net Countervailable Subsidy Likely to Prevail
    c. Nature of the Subsidies
6. Final Results of Review
7. Recommendation

[FR Doc. 2020-05930 Filed 3-19-20; 8:45 am]
 BILLING CODE 3510-DS-P