[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26007-26009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09966]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-911]


Thermal Paper From the Republic of Korea: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Affirmative 
Determination of Critical Circumstances, Postponement of Final 
Determination, and Extension of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that thermal paper from the Republic of Korea (Korea) is being, or is 
likely to be, sold in the United States at less than fair value (LTFV). 
The period of investigation is October 1, 2019, through September 30, 
2020. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable May 12, 2021.

FOR FURTHER INFORMATION CONTACT: Kristen Ju or Aleksandras Nakutis, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3699 or (202) 
482-3147, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on November 3, 
2020.\1\ On February 25, 2021, Commerce postponed the deadline for the 
preliminary determination in this investigation; the revised deadline 
is now May 5, 2021.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is in Appendix II to 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 (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.
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    \1\ See Thermal Paper from Germany, Japan, the Republic of 
Korea, and Spain: Initiation of Less-Than-Fair-Value Investigations, 
85 FR 69580 (November 3, 2020) (Initiation Notice).
    \2\ See Thermal Paper from Germany, Japan, the Republic of 
Korea, and Spain: Postponement of Preliminary Determinations in the 
Less-Than-Fair-Value Investigations, 86 FR 11502 (February 25, 
2021).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Thermal 
Paper from the Republic of Korea,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are thermal paper from 
Korea. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttals submitted on the record of this investigation, and 
accompanying discussion and analysis of all comments timely received, 
see the Preliminary Scope Decision Memorandum.\6\ Commerce is not 
preliminarily modifying the scope language as it

[[Page 26008]]

appeared in the Initiation Notice. See the scope in Appendix I to this 
notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 85 FR at 69581.
    \6\ See Memorandum, ``Thermal Paper from Germany, Japan, the 
Republic of Korea, and Spain: Preliminary Scope Decision,'' dated 
May 5, 2021.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce calculated export prices in accordance 
with section 772(a) of the Act and constructed export prices in 
accordance with section 772(b) of the Act. Commerce calculated normal 
value in accordance with section 773 of the Act. For a full description 
of the methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily finds that critical circumstances exist for 
Hansol Paper Company (Hansol Paper) and all other producers and 
exporters in Korea. For a full description of the methodology and 
results of Commerce's critical circumstances analysis, see the 
Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in 
the preliminary determination, Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis dumping margins, and any dumping margins determined entirely 
under section 776 of the Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Hansol Paper, the only individually examined 
exporter/producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, we assigned the estimated weighted-average 
dumping margin that we calculated for Hansol Paper to all other 
producers and exporters in Korea, pursuant to section 735(c)(5)(A) of 
the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hansol Paper Company........................................        6.19
All-Others..................................................        6.19
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise described in Appendix I on and after 
the date identified below. Further, pursuant to section 733(d)(1)(B) of 
the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a 
cash deposit equal to the estimated weighted-average dumping margin or 
the estimated all-others rate, as follows: (1) The cash deposit rate 
for the respondent listed above will be equal to the company-specific 
estimated weighted-average dumping margin determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is, then the cash deposit rate will 
be equal to the company-specific estimated weighted-average dumping 
margin established for that producer of the subject merchandise; and 
(3) the cash deposit rate for all other producers and exporters will be 
equal to the all-others estimated weighted-average dumping margin.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of: (a) 
The date which is 90 days before the date on which the suspension of 
liquidation was first ordered; or (b) the date on which the notice of 
initiation of the investigation was published. As noted above, Commerce 
preliminarily finds that critical circumstances exist for imports of 
subject merchandise produced and exported by Hansol Paper and all other 
exporters and producers in Korea. In accordance with section 
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
unliquidated entries of shipments of subject merchandise from Hansol 
Paper and all other exporters and producers in Korea that were entered, 
or withdrawn from warehouse, for consumption on or after the date which 
is 90 days before the date of publication of this notice in the Federal 
Register.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose its preliminary calculations and 
related analysis to interested parties within five days of any public 
announcement of the preliminary determination or, if there is no public 
announcement, within five days of the date of publication of this 
notice in the Federal Register in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance. A 
timeline for the submission of case briefs and written comments on non-
scope issues will be provided to interested parties later. Rebuttal 
briefs, limited to issues raised in case briefs on non-scope issues, 
may be submitted no later than seven days after the deadline date for 
case briefs.\7\ The deadlines for submitting case and rebuttal briefs 
on scope issues are identified in the Preliminary Scope Decision 
Memorandum. Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\8\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit with each argument: (1) A 
statement of the issue;

[[Page 26009]]

(2) a brief summary of the argument; and (3) a table of authorities.
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    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice in the Federal Register. 
Requests for a hearing should contain: (1) The requesting party's name, 
address, and telephone number; (2) the number of individuals from the 
requesting party's firm that will attend the hearing, including whether 
any participant is a foreign national; and (3) a list of the issues the 
party intends to discuss at the hearing. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date and time of 
the hearing two days before the scheduled hearing date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination in the Federal Register 
if, in the event of an affirmative preliminary determination, a request 
for such postponement is made by exporters who account for a 
significant proportion of exports of the subject merchandise, or in the 
event of a negative preliminary determination, a request for such 
postponement is made by the petitioner. Section 351.210(e)(2) of 
Commerce's regulations requires that a request by exporters for 
postponement of the final determination be accompanied by a request for 
extension of provisional measures from a four-month period to a period 
not more than six months in duration.
    On April 19, 2021, pursuant to 19 CFR 351.210(e), Hansol Paper 
requested that Commerce postpone the final determination and that 
provisional measures be extended not more than six months.\9\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination in the Federal 
Register.
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    \9\ See Hansol Paper's Letter, ``Thermal Paper Products from the 
Republic of Korea: Request for Postponement of Final Determination 
and Extension of Provisional Measures Period,'' dated April 19, 
2021.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its affirmative preliminary 
determination. If the final determination is affirmative, the ITC will 
determine, before the later of 120 days after the date of this 
preliminary determination or 45 days after Commerce's final 
determination whether subject imports are materially injuring, or 
threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: May 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The scope of this investigation 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 this investigation 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 this investigation 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 this investigation is 
dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Critical Circumstances
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation

[FR Doc. 2021-09966 Filed 5-11-21; 8:45 am]
BILLING CODE 3510-DS-P