[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73615-73616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29891]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-840]
Lightweight Thermal Paper From Germany; Preliminary Results of
Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on lightweight
thermal paper (LWTP) from Germany for the period November 1, 2010,
through October 31, 2011. We have preliminarily determined that
Papierfabrik August Koehler AG (Koehler) made sales of subject
merchandise at less than normal value, based on adverse facts available
(AFA).
DATES: Effective Date: December 11, 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 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order is lightweight thermal paper.
The merchandise subject to the order is currently classified under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 3703.10.60, 4811.59.20, 4811.90.8000, 4811.90.8030,
4811.90.8040, 4811.90.8050, 4811.90.9000, 4811.90.9030, 4811.90.9035,
4811.90.9050, 4811.90.9080, 4811.90.9090, 4820.10.20, and 4823.40.00.
Although the HTSUS numbers are provided for convenience and customs
purposes, the written product description, available in the Orders,
remains dispositive.\1\
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\1\ See Antidumping Duty Orders: Lightweight Thermal Paper from
Germany and the People's Republic of China, 73 FR 70959 (November
24, 2008) (Orders).
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Methodology
In making these findings, we have relied on total facts available
and because Koehler did not act to the best of its ability to respond
to the Department's requests for information, we have drawn an adverse
inference in selecting from among the facts otherwise available. See
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the
Act).
Pursuant to section 776(b) of the Act, we are relying on
information from the petition in order to ensure that the AFA rate is
sufficiently adverse so as to induce cooperation.\2\ Accordingly, we
have preliminarily determined to apply a 75.36 percent rate as AFA for
Koehler. For a full description of the methodology underlying our
conclusions, see the Memorandum to Paul Piquado, Assistant Secretary
for Import Administration from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, titled
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Lightweight Thermal Paper from Germany,''
(Preliminary Decision Memorandum), dated concurrently with these
results and hereby adopted by this notice. The Preliminary 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 to
registered users at http://iaaccess.trade.gov and in the Central
Records Unit (CRU), room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\2\ See Memorandum to File through Eric B. Greynolds, Program
Manager, AD/CVD Operations 3, from the Team, titled ``Lightweight
Thermal Paper from Germany: Notice of Preliminary Results of
Antidumping Administrative Review: Application of Total Adverse
Facts Available Rate,'' (AFA Memo) dated concurrently with this
notice.
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Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period
November 1, 2010, through October 31, 2011:
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Weighted-average
Manufacturer/exporter dumping margin
(percent)
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Papierfabrik August Koehler AG................... 75.36
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Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\3\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue, (2) a brief summary of the argument, and (3) a table of
authorities.\4\
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\3\ See 19 CFR 351.309(d).
\4\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS within 30 days after the date of
publication of this notice.\5\ Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Issues raised in the
hearing will be limited to those raised in the respective case briefs.
The Department will issue the final results of this administrative
review, including the results of its analysis of the issues raised by
the parties in any written briefs, not later 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act.
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\5\ See 19 CFR 351.310(c).
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Assessment Rate
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. For Koehler,
we will assign an importer-specific ad valorem duty assessment rate to
the total entered value of those same sales in accordance with section
776(b) of the Act.\6\ We will instruct CBP to assess antidumping duties
on all appropriate entries covered by this review when the importer-
specific assessment rate in the final results of this review is above
de minimis (i.e., 0.50 percent). Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific
[[Page 73616]]
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review where applicable.
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\6\ See 19 CFR 351.308.
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\7\ This clarification will apply to entries of subject
merchandise during the period of review produced by each respondent for
which they did not know that their 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 or companies involved in the transaction. For a
full discussion of this clarification, see Antidumping and
Countervailing Duty Proceedings:
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\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Assessment of Antidumping Duties
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for Koehler listed in the
``Preliminary Result of the Review'' section, will be the rate
established in the final results of this administrative review; (2) for
merchandise exported by manufacturers or exporters not covered in this
administrative review but covered in a prior segment of the proceeding,
the cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original investigation,
but the manufacturer is, the cash deposit rate will be the rate
established for the most recent period for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 6.50 percent, the all-others rate
established in the investigation.\8\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\8\ See Orders.
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Notification to Importers
This notice also serves as a preliminary 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Discussion of the Methodology
4. Corroboration of Secondary Information
[FR Doc. 2012-29891 Filed 12-10-12; 8:45 am]
BILLING CODE 3510-DS-P