[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47517-47518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12060]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-850]


Thermal Paper From the Federal Republic of Germany: Final Results 
of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Koehler Paper SE and Koehler Kehl GmbH (collectively, Koehler), the 
sole producer/exporter subject from the Federal Republic of Germany 
(Germany) subject to this administrative review, made sales of subject 
merchandise at less than normal value during the period of review 
(POR), May 12, 2021, through October 31, 2022.

DATES: Applicable June 3, 2024.

FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0462.

SUPPLEMENTARY INFORMATION:

Background

    On November 29, 2023, Commerce published the Preliminary Results 
and invited interested parties to comment.\1\ On March 13, 2024, we 
extended the deadline of the final results to May 24, 2024.\2\ On April 
26, 2024, Domtar Corporation and Appvion, LLC (collectively, the 
petitioners) submitted a timely-filed case brief.\3\ On May 1, 2024, 
Koehler and Matra Americas LLC (Matra) submitted a timely-filed joint 
rebuttal brief.\4\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\5\
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    \1\ See Thermal Paper from the Republic of Germany: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR 
83397 (November 29, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
2021-2022 Antidumping Duty Administrative Review,'' dated March 13, 
2024.
    \3\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated 
April 26, 2024.
    \4\ See Koehler and Matra's Letter, ``Joint Rebuttal Brief of 
Koehler Paper SE and Matra Americas, LLC and Matra Atlantic GmbH,'' 
dated May 1, 2024.
    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Administrative Review of the Antidumping Duty Order on 
Thermal Paper from the Republic of Germany; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order \6\
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    \6\ See Thermal Paper from Germany, Japan, the Republic of 
Korea, and Spain: Antidumping Duty Orders, 86 FR 66284 (November 22, 
2021) (Order).
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    The merchandise subject to the Order is thermal paper from Germany. 
For a complete description of the scope of the Order, see the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
appendix to this notice and addressed in the Issues and Decision 
Memorandum. 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

[[Page 47518]]

at https://access.trade.gov. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the margin calculations for Koehler. For a discussion of 
these changes, see the Issues and Decision Memorandum.

Final Results of the Review

    As a result of this review, we determine the following estimated 
weighted-average dumping margin for the period May 12, 2021, through 
October 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/ producer                        dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
Koehler Paper SE; Koehler Kehl GmbH..........................       0.76
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for Koehler 
in connection with these final results to interested parties within 
five days of the date of publication of this notice in the Federal 
Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review.
    Pursuant to 19 CFR 351.212(b)(1), because Koehler reported the 
entered value for all of its U.S. sales, we calculated importer-
specific ad valorem antidumping duty assessment rates based on the 
ratio of the total amount of antidumping duties calculated for the 
examined sales to the total entered value of the sales for which 
entered value was reported. Where either Koehler's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c), or an importer-specific rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Koehler for which it did 
not know that the merchandise it sold to an intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate those 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\7\
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    \7\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for Koehler will be 
the rate shown above; (2) if the exporter is not a firm covered in this 
review, or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent segment for the manufacturer of the merchandise; and 
(3) the cash deposit rate for all other manufacturers and/or exporters 
will continue to be 2.90 percent, the all-others rate established in 
the LTFV investigation.\8\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \8\ See Order, 86 FR at 66286.
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Administrative Protective Order

    This notice serves as the only reminder to 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/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 Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: May 24, 2024.
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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Facts Available to 
Koehler's Reporting of U.S. Sales
    Comment 2: Whether Commerce Should Attribute Accrued Interest on 
Unpaid Antidumping Duties to Matra's U.S. Sales
    Comment 3: Whether Commerce Should Exclude Certain Post-Sale 
Adjustments Reported in BILLADJ2H and REBATE2H
    Comment 4: Whether Commerce Should Apply Partial Adverse Facts 
Available to U.S. Credit Expenses
    Comment 5: Whether Commerce Should Adjust Matra's Reporting of 
DINDIRS2U and USINSUR2U
    Comment 6: Whether Commerce Should Implement Corrections from 
Verification
VI. Recommendation

[FR Doc. 2024-12060 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P