[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66284-66287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25365]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-850, A-588-880, A-580-911, A-469-824]


Thermal Paper From Germany, Japan, the Republic of Korea, and 
Spain: Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the

[[Page 66285]]

International Trade Commission (ITC), Commerce is issuing antidumping 
duty orders on thermal paper from Germany, Japan, the Republic of Korea 
(Korea), and Spain.

DATES: Applicable November 22, 2021.

FOR FURTHER INFORMATION CONTACT: David Goldberger at (202) 482-4136 
(Germany); Paul Litwin at (202) 482-6002 (Japan); Kristen Ju at (202) 
482-3699 (Korea); Abdul Alnoor at (202) 482-4554 (Spain); AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On September 30, 2021, Commerce published its affirmative final 
determinations in the less-than-fair-value (LTFV) investigations of 
thermal paper from Germany, Japan, Korea, and Spain.\1\ On November 15, 
2021, the ITC notified Commerce of its final determinations, pursuant 
to section 735(d) of the Tariff Act of 1930, as amended (the Act), that 
an industry in the United States is materially injured within the 
meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports 
of thermal paper from Germany, Japan, Korea, and Spain and its negative 
critical circumstances finding with respect to dumped imports of 
thermal paper from Germany and Korea.\2\
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    \1\ See Thermal Paper from Germany: Final Affirmative 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances, in Part, 86 FR 54152 
(September 30, 2021); see also Thermal Paper from Japan: Final 
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 
54157 (September 30, 2021); Thermal Paper from the Republic of 
Korea: Final Affirmative Determination of Sales at Less Than Fair 
Value and Final Affirmative Determination of Critical Circumstances, 
86 FR 54154 (September 30, 2021); and Thermal Paper from Spain: 
Final Determination of Sales at Less Than Fair Value, 86 FR 54162 
(September 30, 2021).
    \2\ See ITC Letter, ``Notification of ITC Final Determinations 
in Investigation Nos. 731-TA-1546-1549 (Final),'' dated November 15, 
2021.
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Scope of the Orders

    The product covered by these orders is thermal paper from Germany, 
Japan, Korea, and Spain. For a complete description of the scope of 
these orders, see the appendix to this notice.

Antidumping Duty Orders

    On November 15, 2021, in accordance with section 735(d) of the Act, 
the ITC notified Commerce of its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured within the meaning of section 735(b)(1)(A)(i) of 
the Act by reason of imports of thermal paper from Germany, Japan, 
Korea, and Spain.\3\ Therefore, in accordance with section 735(c)(2) of 
the Act, Commerce is issuing these antidumping duty orders. Because the 
ITC determined that imports of thermal paper from Germany, Japan, 
Korea, and Spain are materially injuring a U.S. industry, unliquidated 
entries of such merchandise from Germany, Japan, Korea, and Spain, 
entered or withdrawn from warehouse for consumption, are subject to the 
assessment of antidumping duties.
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    \3\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of thermal paper from Germany, Japan, Korea, and 
Spain. With the exception of entries occurring after the expiration of 
the provisional measures period and before publication of the ITC's 
final affirmative injury determinations, as further described below, 
antidumping duties will be assessed on unliquidated entries of thermal 
paper from Germany, Japan, Korea, and Spain entered, or withdrawn from 
warehouse, for consumption, on or after May 12, 2021, the date of 
publication of the Preliminary Determinations.\4\
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    \4\ 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); see also 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); 
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); and Thermal Paper from Spain: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 26003 (May 12, 2021) (collectively, Preliminary 
Determinations).
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Continuation of Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce intends to 
instruct CBP to continue to suspend liquidation on all relevant entries 
of thermal paper from Germany, Japan, Korea, and Spain. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce also intends to instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated in 
the tables below. Accordingly, effective on the date of publication in 
the Federal Register of the notice of the ITC's final affirmative 
injury determinations, CBP will require, at the same time as importers 
would normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the rates listed below. The relevant all-others rate 
applies to all producers or exporters not specifically listed.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of thermal paper from Germany and Korea, we 
intend to instruct CBP to lift suspension and to refund any cash 
deposits made to secure the payment of estimated antidumping duties 
with respect to entries of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after February 11, 
2021, (i.e., 90 days prior to the date of the publication of the 
Preliminary Determinations) but before May 12, 2021 (i.e., the date of 
publication of the Preliminary Determinations).

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of thermal paper from Germany, Japan, Korea, and Spain, Commerce 
extended the four-month period to six months in each of these 
investigations. Commerce published the preliminary determinations in 
these investigations on May 12, 2021.\5\
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    \5\ See Preliminary Determinations.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on November 7, 
2021. Therefore, in accordance with section 733(d) of the Act, Commerce 
intends to instruct CBP to terminate the suspension of liquidation and 
to liquidate, without regard to antidumping duties, unliquidated

[[Page 66286]]

entries of thermal paper from Germany, Japan, Korea, and Spain entered, 
or withdrawn from warehouse, for consumption after November 7, 2021, 
the final day on which the provisional measures were in effect, until 
and through the day preceding the date of publication of the ITC's 
final affirmative injury determinations in the Federal Register. 
Suspension of liquidation and the collection of cash deposits will 
resume on the date of publication of the ITC's final determinations in 
the Federal Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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                                 Germany
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Papierfabrik August Koehler SE..............................        2.90
All Others..................................................        2.90
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                                  Japan
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Nippon Paper Industries Co., Ltd./Nippon Paper Papylia Co.,       140.25
 Ltd........................................................
All Others..................................................      135.06
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                                  Korea
------------------------------------------------------------------------
Hansol Paper Company........................................        6.19
All Others..................................................        6.19
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                                  Spain
------------------------------------------------------------------------
Torraspapel S.A.............................................       41.45
All Others..................................................       37.07
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Establishment of the Annual Inquiry Service List

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\6\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\7\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\8\
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    \6\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \7\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \8\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
order. Each annual inquiry service list will be saved in ACCESS, under 
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \9\
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    \9\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field, which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \10\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list for those orders for 
which they qualify as an interested party. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments will not need to 
resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioners 
and foreign governments are responsible for making amendments to their 
entries of appearance during the annual update to the annual inquiry 
service list in accordance with the procedures described above.
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    \10\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
thermal paper from Germany, Japan, Korea, and Spain pursuant to section 
736(a) of the Act. Interested parties can find a list of antidumping 
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These antidumping duty orders are published in accordance with 
section 736(a) of the Act and 19 CFR 351.211(b).

    Dated: November 16, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix--Scope of the Orders

    The scope of these orders 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).

[[Page 66287]]

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 these orders 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 these orders 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 these orders is dispositive.

[FR Doc. 2021-25365 Filed 11-19-21; 8:45 am]
BILLING CODE 3510-DS-P