[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Notices]
[Pages 21082-21084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8477]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-840]
Lightweight Thermal Paper From Germany: Notice of Final Results
of the 2009-2010 Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 7, 2011, the Department published the preliminary
results of the 2009-2010 administrative review for the antidumping duty
order on lightweight thermal paper from Germany.\1\ The review covers
one manufacturer/exporter: Koehler. The period of review (``POR'') is
November 1, 2009, through October 31, 2010. As a result of our analysis
of the comments received, the final results do not differ from the
preliminary results. The final weighted-average dumping margin for this
company is listed below in the ``Final Results of Review'' section of
this notice.
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\1\ See Lightweight Thermal Paper From Germany: Notice of
Preliminary Results of Antidumping Duty Administrative Review, 76 FR
76360 (December 7, 2011) (``Preliminary Results'').
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DATES: Effective Date: April 9, 2012.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore or George McMahon, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3692 and (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Comments From Interested Parties
We invited parties to comment on our Preliminary Results. Koehler
and petitioner submitted case briefs on January 6, 2012, and rebuttal
briefs on January 20, 2012.
On February 14, 2012, the Department published a final rule in the
Federal Register,\2\ modifying its methodology for calculating the
weighted-average dumping margins and antidumping duty assessment rate
in administrative reviews in order to eliminate ``zeroing.'' On
February 15, 2012, Koehler submitted comments regarding calculation of
its final dumping margin, requesting that the Department apply the
Final Rule in the instant review and also making an additional zeroing
[[Page 21083]]
argument that it had not raised in its case brief. On February 17,
2012, pursuant to 19 CFR 351.302(d), petitioner requested that the
Department reject Koehler's February 15, 2012, submission. On February
21, 2012, pursuant to 19 CFR 351.302(d)(1)(i), the Department rejected
Koehler's February 15, 2012, submission in its entirety because it
contained an untimely filed written argument, but stated that Koehler
could resubmit comments without the untimely filed zeroing argument. On
February 24, 2012, Koehler refiled its comments, and on February 27,
2012, petitioner requested that the Department again reject Koehler's
refiled comments. The Department determined that Koehler's February 24,
2012, submission did not contain untimely filed comments, and accepted
the submission. The Department will not apply the Final Rule in the
instant segment of the proceeding because the methodology outlined in
the Final Rule applies to pending reviews when the preliminary
determination is issued after April 16, 2012. The preliminary
determination in the instant review was issued well before April 16,
2012.
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\2\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(``Final Rule'').
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Scope of the Order
The scope of this order includes certain lightweight thermal paper,
which is thermal paper with a basis weight of 70 grams per square meter
(g/m\2\) (with a tolerance of 4.0 g/m\2\) or less;
irrespective of dimensions; \3\ with or without a base coat \4\ on one
or both sides; with thermal active coating(s) \5\ on one or both sides
that is a mixture of the dye and the developer that react and form an
image when heat is applied; with or without a top coat; \6\ and without
an adhesive backing. Certain lightweight thermal paper is typically
(but not exclusively) used in point-of-sale applications such as ATM
receipts, credit card receipts, gas pump receipts, and retail store
receipts. The merchandise subject to this order may be classified in
the Harmonized Tariff Schedule of the United States (``HTSUS'') under
subheadings 3703.10.60, 4811.59.20, 4811.90.8020, 4811.90.8030,
4811.90.8040, 4811.90.8050, 4811.90.9010, 4811.90.9030, 4811.90.9035,
4811.90.9050, 4811.90.9080, 4811.90.9090, 4820.1020, and 4823.4000.
Although HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this order is
dispositive.
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\3\ LWTP is typically produced in jumbo rolls that are slit to
the specifications of the converting equipment and then converted
into finished slit rolls. Both jumbo and converted rolls (as well as
LWTP in any other form, presentation, or dimension) are covered by
the scope of these orders.
\4\ A base coat, when applied, is typically made of clay and/or
latex and like materials and is intended to cover the rough surface
of the paper substrate and to provide insulating value.
\5\ A thermal active coating is typically made of sensitizer,
dye, and co-reactant.
\6\ A top coat, when applied, is typically made of polyvinyl
acetone, polyvinyl alcohol, and/or like materials and is intended to
provide environmental protection, an improved surface for press
printing, and/or wear protection for the thermal print head.
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Period of Review
The POR is November 1, 2009, through October 31, 2010.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum for the Final Results of the 2009-2010 Administrative Review
of the Antidumping Duty Order on Lightweight Thermal Paper from
Germany,'' from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, (``Issues and Decision
Memorandum''), dated concurrently with this notice and which is hereby
adopted by this notice. A list of the issues which parties have raised,
and to which we have responded in the Issues and Decision Memorandum,
is attached to this notice as an Appendix. The Issues and Decision
Memorandum is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available in
the Central Records Unit, main Commerce Building, Room 7046. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Web at http://ia.ita.doc.gov/frn/. The
signed Issues and Decision Memorandum and electronic version of the
Issues and Decision Memorandum are identical in content.
Final Results of Review
We determine that the following weighted-average margin exists for
the period November 1, 2009, through October 31, 2010:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/ Exporter margin
(percent)
final rate
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Papierfabrik August Koehler AG............................ 3.99
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Duty Assessment
We have been enjoined from liquidating entries of the subject
merchandise produced and exported by Koehler.\7\ Therefore, we do not
intend to issue liquidation instructions to U.S. Customs and Border
Protection (``CBP'') for such entries covered by this administrative
review, until the preliminary injunction issued on February 5, 2009, is
lifted.
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\7\ On February 5, 2009, the U.S. Court of International Trade
(``ITC'') issued a preliminary injunction enjoining liquidation of
certain entries which are subject to the antidumping duty order on
lightweight thermal paper from Germany for entries entered or
withdrawn from warehouse for consumption on or after November 20,
2008. Koehler was granted the injunction against liquidation as part
of its suit against the ITC's injury determination in the
investigation.
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Upon lifting of the injunction, the Department shall determine and
CBP shall assess antidumping duties on all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1), the Department calculates an
assessment rate for each importer of the subject merchandise for each
respondent. If any importer-specific assessment rates calculated in the
final results are above de minimis (i.e., at or above 0.5 percent), the
Department will issue appraisement instructions directly to CBP to
assess antidumping duties on appropriate entries.
To determine whether the duty assessment rates covering the period
were de minimis, in accordance with the requirement set forth in 19 CFR
Sec. 351.106(c)(2), for each respondent we calculated importer (or
customer)-specific ad valorem rates by aggregating the dumping margins
calculated for all U.S. sales to that importer or customer and dividing
this amount by the total entered value of the sales to that importer
(or customer). Where an importer (or customer)-specific ad valorem rate
is greater than de minimis, and the respondent has reported reliable
entered values, we apply the assessment rate to the entered value of
the importer's/customer's entries during the review period. Where an
importer (or customer)-specific ad valorem rate is greater than de
minimis and we do not have reliable entered values, we calculate a per-
unit assessment rate by aggregating the dumping duties due for all U.S.
sales to each importer (or customer) and dividing this amount by
[[Page 21084]]
the total quantity sold to that importer (or customer).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by the respondent for which it did not know its
merchandise was destined for the United States. In such instances, we
will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction. For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following antidumping duty deposit rates will be effective upon
publication of the final results of this administrative review for all
shipments of lightweight thermal paper from Germany entered, or
withdrawn from warehouse, for consumption on or after the publication
date of these final results, as provided for by section 751(a)(1) of
the Tariff Act of 1930, as amended (the Act): (1) If the exporter is
not a firm covered in this review, but was covered in a previous review
or the original less-than-fair-value (``LTFV'') investigation, the cash
deposit rate will continue to be the company-specific rate established
for the most recent period; (2) if the exporter is not a firm covered
in this review, a prior review, or the LTFV investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the subject merchandise;
and (3) if neither the exporter nor the manufacturer is a firm covered
by this review, a prior review, or the LTFV investigation, the cash
deposit rate will be 6.50 percent, the all-others rate established in
the LTFV investigation. See Antidumping Duty Orders: Lightweight
Thermal Paper from Germany and the People's Republic of China, 73 FR
70959 (November 24, 2008). These cash deposit requirements shall remain
in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR Sec. 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(5). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a sanctionable violation.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Issues and Decision Memorandum
Comment 1: Whether the Language of the Statute and Governing
Regulation Allows the Department's Disallowance of Certain Post-Sale
Price Adjustments
Comment 2: Whether the Monatsbonus Rebate is Legitimate
Comment 3: Whether the Department's Decision Suggest That All
Strategies Intended to Reduce Dumping Are ``Ipso Facto
Illegitimate''
Comment 4: Whether to Recalculate Koehler's CEP Profit
[FR Doc. 2012-8477 Filed 4-6-12; 8:45 am]
BILLING CODE 3510-DS-P