[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Notices]
[Pages 69580-69584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24333]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-850, A-588-880, A-580-911, A-469-824]


Thermal Paper From Germany, Japan, the Republic of Korea, and 
Spain: Initiation of Less-Than-Fair-Value Investigations

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

DATES: Applicable October 27, 2020.

FOR FURTHER INFORMATION CONTACT: David Goldberger at (202) 482-4136 
(Germany); Brittany Bauer at (202) 482-3860 (Japan); and Lilit 
Astvatsatrian at (202) 482-6412 (the Republic of Korea (Korea) and 
Spain); AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On October 7, 2020, the Department of Commerce (Commerce) received 
antidumping duty (AD) petitions concerning imports of thermal paper 
from Germany, Japan, Korea, and Spain filed in proper form on behalf of 
Appvion Operations, Inc. (Appvion) and Domtar Corporation (Domtar) 
(collectively, the petitioners), domestic producers of thermal 
paper.\1\
---------------------------------------------------------------------------

    \1\ See Petitioners' Letter, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Thermal Paper from Germany, Japan, 
Korea, and Spain,'' dated October 7, 2020 (the Petitions).
---------------------------------------------------------------------------

    On October 13 and 20, 2020, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in separate 
supplemental questionnaires.\2\ The petitioners filed responses to the 
supplemental questionnaires on October 16, 2020,\3\ and October 21, 
2020.\4\
---------------------------------------------------------------------------

    \2\ See Commerce's Letter, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Thermal Paper from Germany, Japan, 
the Republic of Korea, and Spain: Supplemental Questions,'' dated 
October 13, 2020 (General Issues Supplemental); see also country-
specific supplemental questionnaires for Germany, Japan, Korea, and 
Spain, ``Petition for the Imposition of Antidumping Duties on 
Imports of Thermal Paper from Germany: Supplemental Questions'' 
(Germany AD Supplement), ``Petition for the Imposition of 
Antidumping Duties on Thermal Paper from Japan: Supplemental 
Questions'' (Japan AD Supplement), ``Petition for the Imposition of 
Antidumping Duties on Thermal Paper from Korea: Supplemental 
Questions'' (Korea AD Supplement), and ``Petition for the Imposition 
of Antidumping Duties on Thermal Paper from Spain: Supplemental 
Questions'' (Spain AD Supplement), dated October 13, 2020; and 
Memorandum, ``Phone Call with Counsel to the Petitioners,'' dated 
October 20, 2020.
    \3\ See Petitioners' Letter, ``Response of the Petitioners to 
Volumes I-V Supplemental Questionnaires: Thermal Paper from Germany, 
Japan, Korea, and Spain'' dated October 16, 2020 (the Volume I 
response is hereinafter referred to as the General Issues 
Supplement).
    \4\ See Petitioners' Letter, ``Response of Petitioners to 
Volumes II and IV Second Supplemental Questionnaires: Thermal Paper 
from Germany and Korea,'' dated October 21, 2020.
---------------------------------------------------------------------------

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of thermal paper 
from Germany, Japan, Korea, and Spain are being, or are likely to be, 
sold in the United States at less than fair value (LTFV) within the 
meaning of section 731 of the Act, and that imports of such products 
are materially injuring, or threatening material injury to, the thermal 
paper industry in the United States. Consistent with section 732(b)(1) 
of the Act, the Petitions are accompanied by information reasonably 
available to the petitioners supporting their allegations.
    Commerce finds that the petitioners filed the Petitions on behalf 
of the domestic industry, because the petitioners are interested 
parties, as defined in section 771(9)(C) of the Act. Commerce also 
finds that the petitioners demonstrated sufficient industry support for 
the initiation of the requested LTFV investigations.\5\
---------------------------------------------------------------------------

    \5\ See infra, section on ``Determination of Industry Support 
for the Petitions.''
---------------------------------------------------------------------------

Periods of Investigation

    Because the Petitions were filed on October 7, 2020, the period of 
investigation (POI) for these LTFV investigations is October 1, 2019, 
through September 30, 2020, pursuant to 19 CFR 351.204(b)(1).\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------

Scope of the Investigations

    The product covered by these investigations is thermal paper from 
Germany, Japan, Korea, and Spain. For a full description of the scope 
of these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On October 13 and 14, 2020, Commerce requested information from the 
petitioners regarding the proposed scope to ensure that the scope 
language in the Petitions is an accurate reflection of the products for 
which the domestic industry is seeking relief.\7\ On October

[[Page 69581]]

16 20, 2020, the petitioners revised the scope.\8\ The description of 
merchandise covered by these investigations, as described in the 
appendix to this notice, reflects these clarifications.
---------------------------------------------------------------------------

    \7\ See General Issues Supplemental; see also Memorandum, 
``Petitions for the Imposition of Antidumping Duties on Imports of 
Thermal Paper from Germany, Japan, the Republic of Korea, and Spain: 
Phone Call with Counsel to the Petitioners,'' dated October 14, 
2020.
    \8\ See General Issues Supplement at Exhibit Supp I-2; see also 
Petitioners' Letter, ``Thermal paper from Germany: Response to 
Koehler's Pre-Initiation Comments on Industry Support and Request 
for Polling,'' dated October 20, 2020 (Petitioners Letter I) at 19 
and Exhibit IS-11.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on November 16, 2020, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on November 27, 2020, which 
is the next business day after ten calendar days from the initial 
comment deadline.
---------------------------------------------------------------------------

    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during this period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of these 
investigations may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of each of the concurrent LTFV 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date on which it is due.
---------------------------------------------------------------------------

    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------

Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of thermal paper to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant costs of production 
accurately, as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe thermal paper it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on November 16, 
2020, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments must be filed by 5:00 p.m. ET on November 27, 
2020. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of each 
of the LTFV investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
---------------------------------------------------------------------------

    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a

[[Page 69582]]

definition of the domestic like product distinct from the scope of the 
investigations.\14\ Based on our analysis of the information submitted 
on the record, we have determined that thermal paper, as defined in the 
scope, constitutes a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\15\
---------------------------------------------------------------------------

    \14\ See Volume I of the Petitions at 15-18; see also General 
Issues Supplement at 1 and Exhibit Supp. I-1.
    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see country-specific AD Initiation Checklists at Attachment II, 
Analysis of Industry Support for the Antidumping Duty Petitions 
Covering Thermal Paper from Germany, Japan, the Republic of Korea, 
and Spain (Attachment II). These checklists are dated concurrently 
with, and hereby adopted by, this notice and on file electronically 
via ACCESS.
---------------------------------------------------------------------------

    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. The petitioners provided letters of support from Kanzaki 
Specialty Papers Inc. (Kanzaki), a U.S. producer of thermal paper, and 
from the United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial, and Service Workers International Union, 
which represents workers at Domtar's facility in West Carrollton, OH, 
Appvion's facility in Appleton, WI, and Kanzaki's facility in Ware, 
MA.\16\ To establish industry support, the petitioners employed two 
methodologies--one based on production quantity, the other based on 
value-added. Under the quantity-based method, the petitioners provided 
their own 2019 production quantity of jumbo rolls, as well as the 
production quantity for Kanzaki, and compared this to the sum of the 
estimated total quantity of jumbo rolls produced in the United States 
and the estimated quantity of converted rolls produced in the United 
States from imported jumbo rolls in 2019.\17\ Under the value-added 
method, the petitioners provided their own 2019 total sales value of 
jumbo rolls, as well as the sales value for Kanzaki, and compared this 
to the sum of the estimated total value of jumbo rolls produced in the 
United States and the estimated total value added by U.S. converters of 
jumbo rolls in 2019.\18\ We relied on data provided by the petitioners 
for purposes of measuring industry support.\19\
---------------------------------------------------------------------------

    \16\ See Volume I of the Petitions at 2, 5 and Exhibits I-5 and 
I-24; see also General Issues Supplement at 4 and Exhibit Supp. I-5.
    \17\ See Volume I of the Petitions at 3-5 and Exhibits I-1, I-2, 
and I-4; see also General Issues Supplement at 3-5 and Exhibits 
Supp. I-5, Revised Exhibit I-1B and Revised Exhibit I-1C.
    \18\ See Volume I of the Petitions at 3-5 and Exhibits I-1, I-2, 
and I-4; see also General Issues Supplement 3-5 and Exhibits Supp. 
I-4, Supp. I-5, Revised Exhibit I-1B, and Revised Exhibit I-1C.
    \19\ See Volume I of the Petitions at 3-5 and Exhibits I-1, I-2, 
and I-4; see also General Issues Supplement 3-5 and Exhibits I-4, I-
5, Revised Exhibit I-1B, and Revised Exhibit I-1C; and country-
specific AD Initiation Checklists at Attachment II.
---------------------------------------------------------------------------

    On October 16, 2020, we received comments on industry support from 
Papierfabrik August Koehler SE (Koehler), a German producer of thermal 
paper.\20\ On October 20, 2020, the petitioners responded to Koehler's 
industry support comments.\21\
---------------------------------------------------------------------------

    \20\ See Koehler's Letter, ``Thermal Paper from Germany: 
Koehler's Pre-Initiation Comments on Industry Support and Request 
for Polling,'' dated October 16, 2020.
    \21\ See Petitioners' Letter I.
---------------------------------------------------------------------------

    Our review of the data provided in the Petitions, the General 
Issues Supplement, the Petitioners Letter I, and other information 
readily available to Commerce indicates that the petitioners have 
established industry support for the Petitions.\22\ First, the 
Petitions established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production (by 
quantity or U.S. sales value) of the domestic like product and, as 
such, Commerce is not required to take further action in order to 
evaluate industry support (e.g., polling).\23\ Second, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(i) of the Act because the domestic 
producers (or workers) who support the Petitions account for at least 
25 percent of the total production (by quantity or U.S. sales value) of 
the domestic like product.\24\ Finally, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or 
workers) who support the Petitions account for more than 50 percent of 
the production (by quantity or U.S. sales value) of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the Petitions.\25\ Accordingly, Commerce 
determines that the Petitions were filed on behalf of the domestic 
industry within the meaning of section 732(b)(1) of the Act.\26\
---------------------------------------------------------------------------

    \22\ See country-specific AD Initiation Checklists at Attachment 
II.
    \23\ Id.; see also section 732(c)(4)(D) of the Act.
    \24\ See country-specific AD Initiation Checklists at Attachment 
II.
    \25\ Id.
    \26\ Id.
---------------------------------------------------------------------------

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioners allege that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\27\
---------------------------------------------------------------------------

    \27\ See Volume I of the Petitions at 21 and Exhibit I-16.
---------------------------------------------------------------------------

    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume and market share of 
subject imports; underselling and price depression or suppression; lost 
sales and revenues, adverse impact on capacity, capacity utilization, 
and financial performance; and declines in production, U.S. shipments, 
and employment variables.\28\ We assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, causation, as well as negligibility, and we have determined 
that these allegations are properly supported by adequate evidence, and 
meet the statutory requirements for initiation.\29\
---------------------------------------------------------------------------

    \28\ Id. at 19-31 and Exhibits I-16 through I-23; see also 
General Issues Supplement at 6 and Exhibits Supp. I-6 through Supp. 
I-8.
    \29\ See country-specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petitions Covering Thermal Paper 
from Germany, Japan, the Republic of Korea, and Spain (Attachment 
III).
---------------------------------------------------------------------------

Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate these LTFV 
investigations of imports of thermal paper from Germany, Japan, Korea, 
and Spain. The sources of data for the deductions and adjustments 
relating to U.S. price and normal value (NV) are discussed in greater 
detail in the country-specific AD Initiation Checklists.

U.S. Price

    For Germany, Japan, Korea, and Spain, the petitioners based the 
export price (EP) on pricing information for sales of, or sales offers 
for, thermal paper produced in and exported from each country. The 
petitioners made certain adjustments to U.S. price to calculate a net 
ex-factory U.S. price.\30\
---------------------------------------------------------------------------

    \30\ See country-specific AD Initiation Checklists.

---------------------------------------------------------------------------

[[Page 69583]]

Normal Value 31
---------------------------------------------------------------------------

    \31\ In accordance with section 773(b)(2) of the Act, for these 
investigations, Commerce will request information necessary to 
calculate the constructed value and cost of production (COP) to 
determine whether there are reasonable grounds to believe or suspect 
that sales of the foreign like product have been made at prices that 
represent less than the COP of the product.
---------------------------------------------------------------------------

    For Germany and Spain, the petitioners based NV on a home market 
price quote for thermal paper produced in and sold, or offered for 
sale, in each country within the applicable time period.\32\ For 
Germany, the information provided by the petitioners indicates that the 
home market price quoted is below the COP; therefore, the petitioners 
also calculated NV based on constructed value (CV).\33\ For Japan and 
Korea, the petitioners stated they were unable to obtain home market or 
third country prices to use as a basis for NV and, therefore, the 
petitioners calculated NV based on CV.\34\ For further discussion of 
CV, see the section ``Normal Value Based on Constructed Value.''
---------------------------------------------------------------------------

    \32\ See country-specific AD Initiation Checklists.
    \33\ See Germany AD Initiation Checklist.
    \34\ See Korea AD Initiation Checklist and Japan AD Initiation 
Checklist.
---------------------------------------------------------------------------

Normal Value Based on Constructed Value

    As noted above, the information provided by the petitioners 
indicates that the price charged for thermal paper produced in and 
sold, or offered for sale, in Germany was below the COP. Accordingly, 
the petitioners also based NV for Germany on CV.\35\ Additionally, for 
Japan and Korea, the petitioners were unable to obtain home market or 
third country prices and, therefore, based NV for Japan and Korea on 
CV.\36\ Pursuant to section 773(e) of the Act, the petitioners 
calculated CV as the sum of the cost of manufacturing, selling, 
general, and administrative expenses, financial expenses, and 
profit.\37\
---------------------------------------------------------------------------

    \35\ See Germany AD Initiation Checklist.
    \36\ See Korea AD Initiation Checklist and Japan AD Initiation 
Checklist.
    \37\ See country-specific AD Initiation Checklists.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of thermal paper from Germany, Japan, Korea, and 
Spain are being, or are likely to be, sold in the United States at 
LTFV. Based on comparisons of EP to NV or CV in accordance with 
sections 772 and 773 of the Act, the estimated dumping margins for 
thermal paper for each of the countries covered by this initiation are 
as follows: (1) Germany--9.20 to 58.90 percent; (2) Korea--56.60 to 
58.24 percent; (3) Japan--129.86 to 140.25 percent; and (4) Spain--
32.68 to 41.45.\38\
---------------------------------------------------------------------------

    \38\ Id.
---------------------------------------------------------------------------

Initiation of LTFV Investigations

    Based upon our examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating these LTFV investigations to 
determine whether imports of thermal paper from the Germany, Japan, 
Korea, and Spain are being, or are likely to be, sold in the United 
States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 
19 CFR 351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of this 
initiation.

Respondent Selection

    In the Petitions, the petitioners named three companies in Germany, 
three companies in Japan, and four companies in Korea as producers and/
or exporters of thermal paper.\39\
---------------------------------------------------------------------------

    \39\ See Volume I of the Petitions at Exhibit I-9 through 
Exhibit I-12; see also Volume IV of the Petitions at 1-2.
---------------------------------------------------------------------------

    Following standard practice in LTFV investigations involving market 
economy countries, in the event Commerce determines that the number of 
exporters or producers in any individual case is large such that 
Commerce cannot individually examine each company based upon its 
resources, where appropriate, Commerce intends to select mandatory 
respondents in that case based on U.S. Customs and Border Protection 
(CBP) data for U.S. imports under the appropriate Harmonized Tariff 
Schedule of the United States numbers listed in the ``Scope of the 
Investigations,'' in the appendix.
    On October 20, October 21, and 23, 2020, Commerce released CBP data 
on imports of thermal paper from Korea, Germany, and Japan under 
Administrative Protective Order (APO) to all parties with access to 
information protected by APO and indicated that interested parties 
wishing to comment on the CBP data must do so within three business 
days of the publication date of the notice of initiation of these 
investigations.\40\ Commerce will not accept rebuttal comments 
regarding the CBP data or respondent selection.
---------------------------------------------------------------------------

    \40\ See Memoranda, ``Antidumping Duty Petition on Thermal Paper 
from the Republic of Korea: Release of Customs Data from U.S. 
Customs and Border Protection,'' dated October 20, 2020; 
``Antidumping Duty Petition on Thermal Paper from Germany: Release 
of Customs Data from U.S. Customs and Border Protection,'' dated 
October 21, 2020; and ``Antidumping Duty Petition on Thermal Paper 
from Japan: Release of Customs Data from U.S. Customs and Border 
Protection,'' dated October 23, 2020.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
    In the Petitions, the petitioners identified one company in Spain 
as a producer and/or exporter of thermal paper (i.e., Torraspapel, 
S.A.), and provided independent third-party information as support for 
the existence of only one producer/exporter in Spain.\41\ We currently 
know of no additional producers or exporters of thermal paper from 
Spain. Accordingly, Commerce intends to individually examine all known 
producers and exporters in the investigation of thermal paper from 
Spain (i.e., Torraspapel, S.A.).
---------------------------------------------------------------------------

    \41\ See Volume I of the Petitions at Exhibit I-2 and Exhibit I-
12.
---------------------------------------------------------------------------

    Parties wishing to comment on respondent selection for Spain must 
do so within three business days of the publication of this notice in 
the Federal Register. Commerce will not accept rebuttal comments 
regarding respondent selection for Spain.
    Comments on CBP data and respondent selection must be filed 
electronically using ACCESS. An electronically-filed document must be 
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the 
specified deadline.

Distribution of Copies of the AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petitions have been 
provided to the governments of Germany, Japan, Korea, and Spain via 
ACCESS. To the extent practicable, we will attempt to provide a copy of 
the public version of the AD Petitions to each exporter named in the AD 
Petitions, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of thermal paper from Germany, Japan, Korea, 
and/or Spain are materially injuring, or threatening

[[Page 69584]]

material injury to, a U.S. industry.\42\ A negative ITC determination 
for any country will result in the investigation being terminated with 
respect to that country.\43\ Otherwise, the LTFV investigation will 
proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \42\ See section 733(a) of the Act.
    \43\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \44\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\45\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
---------------------------------------------------------------------------

    \44\ See 19 CFR 351.301(b).
    \45\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of a particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests 
in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or countervailing 
duty proceeding must certify to the accuracy and completeness of that 
information.\46\ Parties must use the certification formats provided in 
19 CFR 351.303(g).\47\ Commerce intends to reject factual submissions 
if the submitting party does not comply with the applicable 
certification requirements.
---------------------------------------------------------------------------

    \46\ See section 782(b) of the Act.
    \47\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of). Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\48\
---------------------------------------------------------------------------

    \48\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: October 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The scope of these investigations covers thermal paper in the 
form of ``jumbo rolls'' and certain ``converted rolls.'' The scope 
covers jumbo rolls and converted rolls of thermal paper with or 
without a base coat (typically made of clay, latex, and/or plastic 
pigments, and/or like materials) on one or both sides; with thermal 
active coating(s) (typically made of sensitizer, dye, and co-
reactant, and/or like materials) on one or both sides; with or 
without a top coat (typically made of pigments, polyvinyl alcohol, 
and/or like materials), and without an adhesive backing. Jumbo rolls 
are defined as rolls with an actual width of 4.5 inches or more, an 
actual weight of 65 pounds or more, and an actual diameter of 20 
inches or more (jumbo rolls). All jumbo rolls are included in the 
scope regardless of the basis weight of the paper. Also included in 
the scope are ``converted rolls'' with an actual width of less than 
4.5 inches, and with an actual basis weight of 70 grams per square 
meter (gsm) or less.
    The scope of these investigations covers thermal paper that is 
converted into rolls with an actual width of less than 4.5 inches 
and with an actual basis weight of 70 gsm or less in third countries 
from jumbo rolls produced in the subject countries.
    The merchandise subject to these investigations may be 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheadings 4811.90.8030 and 4811.90.9030. Although 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of these investigations is 
dispositive.

[FR Doc. 2020-24333 Filed 11-2-20; 8:45 am]
BILLING CODE 3510-DS-P