[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54154-54156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21303]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-911]


Thermal Paper From the Republic of Korea: Final Affirmative 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) 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) for the period 
of investigation, October 1, 2019, through September 30, 2020.

DATES: Applicable September 30, 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

    On May 12, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
thermal paper from Korea, in which it postponed the final determination 
until September 24, 2021.\1\ In response to Commerce's invitation to 
comment on the Preliminary Determination, certain interested parties 
filed case and rebuttal briefs. A summary of the events that

[[Page 54155]]

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 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, 86 FR 26007 (May 12, 2021) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum.
    \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 the 
Republic of Korea,'' 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 
Korea. 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 scope comments from interested parties, 
which we addressed in the Final Scope Decision Memorandum.\4\ Commerce 
did not modify 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 Scope Decision Memorandum).
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Analysis of Comments Received

    We addressed all of the issues that were raised by interested 
parties in their case and rebuttal briefs in the Issues and Decision 
Memorandum. A list of the sections in the Issues and Decision 
Memorandum is in Appendix II of this notice. 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.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in the 
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 Tariff Act of 
1930, as amended (the Act).\5\
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    \5\ See In-Lieu of On-Site Verification Questionnaire, dated 
June 15, 2021; see also Reissuance of Item 12d of the In-Lieu of On-
Site Verification Questionnaire, dated June 17, 2021.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made certain 
changes to our calculation of Hansol Paper Company (Hansol Paper)'s 
dumping margin. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Final Affirmative Determination of Critical Circumstances

    Consistent with the Preliminary Determination, Commerce continues 
to determine that critical circumstances exist with respect to Hansol 
Paper and all other companies in Korea within the meaning of section 
733(e) of the Act and 19 CFR 351.206. For a further discussion of our 
critical circumstances analysis, see Issues and Decision Memorandum.

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 dumping 
margins that are zero, de minimis, or determined entirely under section 
776 of the Act (facts available). Pursuant to section 735(c)(5)(B) of 
the Act, if the estimated weighted-average dumping margins established 
for all of the exporters and producers individually examined are zero, 
de minimis or determined based entirely on facts available, Commerce 
may use any reasonable method to establish the estimated weighted-
average dumping margin for all other producers or exporters not 
individually investigated.
    The final dumping margin that we calculated for the sole mandatory 
respondent, Hansol Paper, is not zero, de minimis, or determined 
entirely under section 776 of the Act. Therefore, we assigned the 
weighted-average dumping margin that we calculated for Hansol Paper to 
all other companies in Korea which we did not individually investigate.

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)
------------------------------------------------------------------------
Hansol Paper Company........................................        6.19
All Others..................................................        6.19
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties to the proceeding the calculations 
that we performed in this final determination within five days after 
the date of public announcement of the determination, in accordance 
with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    Section 735(c)(4) of the Act provides that if there is 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 in the 
Federal Register. As noted above, Commerce has continued to find that 
critical circumstances exist for imports of subject merchandise 
produced and/or exported by Hansol Paper and all other producers and 
exporters in Korea. Therefore, in accordance with section 735(c)(4) of 
the Act, suspension of liquidation shall continue to apply to 
unliquidated entries of subject merchandise produced and/or exported by 
Hansol Paper and all other producers and exporters 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 the Preliminary 
Determination in the Federal Register. Consequently, 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 Korea, as described in 
Appendix I of this notice, which were entered, or 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 for such 
entries of merchandise equal to the following amounts: (1) The cash

[[Page 54156]]

deposit rate for Hansol Paper is equal to the company-specific 
estimated weighted-average dumping margin listed for Hansol Paper in 
the table in the ``Final Determination'' section of this notice; (2) if 
the exporter is not identified in the table in the ``Final 
Determination'' section of this notice, but the producer is, then the 
cash deposit rate will be equal to the company-specific estimated 
weighted-average dumping margin for the producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters in Korea is equal to the all-others estimated weighted-
average dumping margin listed in the table in the ``Final 
Determination'' section of this notice.
    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 Korea 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 from 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 of this notice.

Notification Regarding Administrative Protective Order

    This notice will serve as a final reminder to the parties subject 
to an 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 the 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 in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Scope of the Investigation
V. Discussion of the Issues
    Comment 1: Whether Critical Circumstances Exist
    Comment 2: Whether Commerce Should Revise its Cost Adjustment 
Accounting for Affiliated Party Purchases
    Comment 3: Whether To Grant a Constructed Export Price (CEP) 
Offset
VI. Recommendation

[FR Doc. 2021-21303 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P