[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54152-54154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21301]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-850]


Thermal Paper From Germany: Final Affirmative Determination of 
Sales at Less Than Fair Value and Final Affirmative Determination of 
Critical Circumstances, in Part

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

SUMMARY: The Department of Commerce (Commerce) determines that thermal 
paper from Germany 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.

DATES: Applicable September 30, 2021.

FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4136.

SUPPLEMENTARY INFORMATION:

Background

    On May 12, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
thermal paper from Germany, in which we also postponed the final 
determination until September 24, 2021.\1\ Commerce invited

[[Page 54153]]

interested parties to comment on the Preliminary Determination. A 
summary of the events that occurred since Commerce published the 
Preliminary Determination may be found in the Issues and Decision 
Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Thermal Paper from Germany: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances, in Part, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 26001 (May 12, 2021) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum (PDM); see also 
Thermal Paper from Germany: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, Preliminary Affirmative Determination 
of Critical Circumstances in Part, Postponement of Final 
Determination, and Extension of Provisional Measures; Correction, 86 
FR 26905 (May 18, 2021) (correcting the suspension of liquidation 
instructions in the Preliminary Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of Sales at Less Than Fair Value in 
the Antidumping Duty Investigation of Thermal Paper from Germany,'' 
dated concurrently with, and herby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is thermal paper from 
Germany. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    On May 5, 2021, Commerce issued the Preliminary Scope Decision 
Memorandum.\3\ We received comments from interested parties regarding 
the Preliminary Scope Decision Memorandum, which we addressed in the 
Final General Scope Decision Memorandum, and Final Germany Scope 
Decision Memorandum.\4\ Commerce made no changes to the scope of this 
investigation since the Preliminary Determination.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Preliminary Scope Decision,'' dated May 5, 
2021 (Preliminary Scope Decision Memorandum).
    \4\ See Memorandum, ``Thermal Paper from Germany, Japan, the 
Republic of Korea, and Spain: Final Decision on General Scope 
Issues: Final Decision on General Scope Issues,'' dated concurrently 
with, and hereby adopted by, this notice (Final General Scope 
Decision Memorandum); and Memorandum, ``Thermal Paper from Germany: 
Final Scope Decision,'' dated concurrently with, and hereby adopted 
by, this notice (Final Germany Scope Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II. 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 https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn.

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is calculated in accordance with section 
772(b) of the Act. Normal value is calculated in accordance with 
section 773 of the Act.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Act.\5\
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, In-Lieu of Verification Questionnaire 
to Koehler, dated July 1, 2021; Commerce's Letter, In-Lieu of 
Verification Questionnaire to Matra Americas, LLC (Matra), dated 
July 6, 2021; Koehler's Letter, ``Koehler's In Lieu of On-site 
Verification Questionnaire Response,'' dated July 13, 2021; and 
Matra's Letter, ``Matra's In Lieu of Onsite Verification 
Questionnaire Response,'' dated July 14, 2021.
---------------------------------------------------------------------------

Changes Since Preliminary Determination

    Based on our analysis of the comments received, we made certain 
changes to Papierfabrik August Koehler SE (Koehler)'s margin 
calculations. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum.

Final Affirmative Determination of Critical Circumstances, in Part

    Consistent with the Preliminary Determination, Commerce continues 
to determine that critical circumstances exist within the meaning of 
section 735(e) of the Act and 19 CFR 351.206 for Koehler, but not the 
companies covered by the all-others rate. For a discussion of the 
issues raised regarding Commerce's affirmative critical circumstances 
determination, see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Koehler, 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, the estimated weighted-average dumping 
margin calculated for Koehler is the margin assigned to all other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

    Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Papierfabrik August Koehler SE..............................        2.90
All Others..................................................        2.90
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of any public announcement, or if there 
is no public announcement, within five days of the date of publication 
of this notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all entries of subject merchandise, as 
described in Appendix I, entered, or withdrawn from warehouse, for 
consumption on or after May 12, 2021, the date of publication in the 
Federal Register of the affirmative Preliminary Determination. Further, 
in accordance with section 733(e)(2)(A) of the Act, Commerce will 
instruct CBP to continue the suspension of liquidation of entries of 
subject merchandise, as described in Appendix I, produced and/or 
exported by Koehler which entered, or were withdrawn from warehouse, 
for consumption on or after February 11, 2021, which is 90 days before 
the date of publication in the Federal Register of the affirmative 
Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit equal to the 
estimated weighted-average dumping margin, as follows: (1) The

[[Page 54154]]

cash deposit rate for the respondent listed above will be equal to the 
company-specific estimated weighted-average dumping margin determined 
in this final 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.
    These suspension of liquidation instructions will remain in effect 
until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of this final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of thermal paper from Germany no later than 45 
days after this final determination. If the ITC determines that such 
injury does not exist, this proceeding will be terminated, all cash 
deposits posted will be refunded, and suspension of liquidation will be 
lifted. If the ITC determines that such injury does exist, Commerce 
will issue an antidumping duty order directing CBP to assess, upon 
further instruction by Commerce, antidumping duties on all imports of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as a final reminder to the parties subject 
to administrative protection order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination and this notice are issued and published in 
accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: September 24, 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 Sections Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1. Application of Cohen's d Test
    Comment 2. Critical Circumstances
    Comment 3. Product Characteristic Reporting for Certain Products
    Comment 4. Whether to Apply Adverse Facts Available for Sales of 
Certain Products
    Comment 5. Whether to Make an Adjustment for Interest on Unpaid 
Antidumping Duties
    Comment 6. Whether to Grant Certain Home Market Post-Sale Price 
Adjustments
    Comment 7. Selection of U.S. Dollar Short-Term Borrowing Rate
    Comment 8. Calculation of U.S. Inventory Carrying Costs
    Comment 9. Whether to Exclude a U.S. Sample Sale
    Comment 10. Ministerial Errors in the Preliminary Determination
V. Recommendation

[FR Doc. 2021-21301 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P