[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54157-54159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21302]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-880]


Thermal Paper From Japan: Final Affirmative Determination of 
Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that thermal 
paper from Japan is being, or is likely to be, sold in the United 
States at less than fair value (LTFV) for the period of investigation, 
October 1, 2019, through September 30, 2020.

DATES: Applicable September 30, 2021.

FOR FURTHER INFORMATION CONTACT: Alex Wood or Paul Litwin, 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) 482-1959 or (202) 482-6002, 
respectively.

SUPPLEMENTARY INFORMATION:

[[Page 54158]]

Background

    On May 12, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
thermal paper from Japan, in which we also postponed the final 
determination until September 24, 2021.\1\ Commerce invited 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\
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    \1\ See Thermal Paper from the Republic of Japan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 26011 (May 12, 2021) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Thermal Paper from Japan,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is thermal paper from 
Japan. 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 with regard 
to the Preliminary Scope Decision Memorandum, which we addressed in the 
Final General Scope Decision Memorandum, and Final Japan Scope Decision 
Memorandum.\4\ Commerce has made no changes to the scope of this 
investigation since the Preliminary Determination.
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    \3\ See Memorandum, ``Thermal Paper from Germany, Japan, the 
Republic of Korea, and Spain: 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,'' dated concurrently with, and hereby adopted by, this 
notice (Final General Scope Decision Memorandum); and Memorandum, 
``Thermal Paper from Japan: Final Scope Decision,'' dated 
concurrently with, and hereby adopted by, this notice (Final Japan 
Scope Decision Memorandum).
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Analysis of Comments Received

    On June 24, 2021, the petitioners \5\ filed a case brief. No other 
interested party submitted a case or rebuttal brief. All issues raised 
in the petitioners' case brief 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.
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    \5\ The petitioners are Appvion Operations, Inc., and Domtar 
Corporation.
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Methodology--Adverse Facts Available

    Prior to verification, Nippon Paper Industries, Co., Ltd. (NPI), 
the sole mandatory respondent in this investigation, informed Commerce 
that it was withdrawing its participation from this investigation.\6\ 
Thus, we determine that NPI's data cannot serve as a reliable basis for 
our Final Determination because NPI's data could not be verified. We 
further determine that NPI significantly impeded the investigation and 
did not act to the best of its ability to comply with our requests for 
information. Therefore, we find it appropriate to apply a dumping 
margin based on adverse facts available (AFA) to NPI, in accordance 
with sections 776(a) and (b) of the Act. For further discussion, see 
the Issues and Decision Memorandum.
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    \6\ See NPI's Letter, ``NPI's Withdrawal as Mandatory 
Respondent,'' dated June 17, 2021.
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Verification

    As noted above, NPI withdrew its participation from this 
investigation prior to verification. Accordingly, Commerce was unable 
to conduct verification pursuant to section 782(i)(1) of the Act.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis, or determined 
based entirely on facts otherwise available, Commerce may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all other producers or exporters.
    Commerce has determined the estimated weighted-average dumping 
margin for the sole individually-examined respondent entirely under 
section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, 
Commerce's practice under these circumstances has been to assign, as 
the all-others rate, a simple average of the petition rates.\7\ In the 
Petition, the petitioners provided two dumping margins, 140.25 percent 
and 129.86 percent, which were each based on a price-to-constructed-
value comparison.\8\ Therefore, in the absence of any estimated 
weighted-average dumping margin on the record of this investigation 
that is not zero, de minimis, or determined entirely under section 776 
of the Act, we are assigning the simple average of the two dumping 
margins in the Initiation Checklist, i.e., 135.06 percent, as the all-
others rate.
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    \7\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues 
and Decision Memorandum at Comment 2.
    \8\ 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); and Checklist, ``Thermal Paper from 
Japan,'' dated October 27, 2020 (Initiation Checklist) at 6-7.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Nippon Paper Industries Co., Ltd./Nippon Paper Papylia Co.,       140.25
 Ltd\9\.....................................................
All Others..................................................      135.06
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a 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 the notice of final 
determination in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because Commerce applied AFA to the mandatory 
respondent in this investigation, NPI, in accordance with section 776 
of the Act, and the AFA dumping margin is based solely on the petition, 
there are no calculations to disclose.
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    \9\ Commerce preliminarily determined that Nippon Paper 
Industries Co, Ltd., and Nippon Paper Papylia Co., Ltd. are a single 
entity. See Preliminary Determination PDM at 2.

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[[Page 54159]]

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 to 
suspend liquidation of all appropriate entries of thermal paper from 
Japan, as described in Appendix I of this notice, that were 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.
    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 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 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 Japan 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 Order

    This notice will serve as a final reminder to the parties subject 
to administrative protective 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. Application of Facts Available and Use of Adverse Inference
IV. Scope of the Investigation
V. Discussion of the Issues
    Comment 1: Whether AFA is Appropriate for NPI
    Comment 2: Whether the Highest Petition Rate is Applicable as 
the AFA Rate
VI. Recommendation

[FR Doc. 2021-21302 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P