[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