[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Notices]
[Pages 23220-23222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09049]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-840]
Lightweight Thermal Paper From Germany: Final Results of
Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 11, 2012, the Department of Commerce (the
[[Page 23221]]
Department) published the preliminary results of the administrative
review of the antidumping duty order on lightweight thermal paper from
Germany.\1\ The period of review (POR) is November 1, 2010, through
October 31, 2011. We invited interested parties to comment on the
preliminary results. After reviewing the comments received, we made no
changes to the dumping margin assigned to Papierfabrik August Koehler
AG (Koehler). Therefore, the final results do not differ from the
preliminary results. The final dumping margin for Koehler is listed
below in the section entitled ``Final Results of Review.''
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\1\ See Lightweight Thermal Paper from Germany; Preliminary
Results Antidumping Duty Administrative Review; 2010-2011, 77 FR
73615 (December 11, 2012) (Preliminary Results).
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DATES: Effective Date: April 18, 2013.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Terre Keaton
Stefanova, AD/CVD Operations, Office 2, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC, 20230; telephone
(202) 482-4136 or (202) 482-1280, respectively.
Background
Since the publication of the Preliminary Results, the following
events have occurred. In January 2013, Koehler submitted a case brief,
the petitioner (Appleton Papers Inc.) submitted its rebuttal brief, and
both parties requested a hearing. On February 13, 2013, we held a
public hearing.
The Department has conducted this administrative review in
accordance with section
751(a)(1) of the Tariff Act of 1930, as amended (the Act).
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 Order,
remains dispositive.\2\
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\2\ For a complete description of the scope, see Antidumping
Duty Orders: Lightweight Thermal Paper from Germany and the People's
Republic of China, 73 FR 70959 (November 24, 2008) (Order). See also
Preliminary Results and accompanying Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review:
Lightweight Thermal Paper from Germany (Preliminary Decision
Memorandum).
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Application of Adverse Facts Available (AFA)
In the Preliminary Results, we found that Koehler: (A) Withheld
information that had been requested by the Department; (B) failed to
provide such information in a timely manner or in the form or manner
requested; (C) significantly impeded this proceeding; and (D) provided
information that cannot be verified. In addition, we found that Koehler
did not act to the best of its ability to respond to the Department's
requests for information. Therefore, pursuant to sections 776(a) and
(b) of the Act, we determined that the use of AFA was appropriate as
the basis for the dumping margin for Koehler.\3\ Having considered the
arguments raised by the parties in the case and rebuttal briefs, we
continue to find that the application of AFA is warranted and have
assigned to Koehler a dumping margin of 75.36 percent.
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\3\ See Preliminary Results, Preliminary Decision Memorandum,
and Memorandum to the File entitled ``Lightweight Thermal Paper from
Germany: Preliminary Results of Antidumping Duty Administrative
Review: Application of Total Adverse Facts Available to Koehler,''
dated December 3, 2012.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the memorandum entitled, ``Issues and Decision Memorandum
for the Final Results of the 2010-2011 Administrative Review on
Lightweight Thermal Paper from Germany (Issues and Decision Memo),''
which is dated concurrently with, and adopted by, this notice. A list
of the issues which parties raised and to which we respond in the
Issues and Decision Memo is attached to this notice as Appendix I. The
Issues and Decision Memo 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 Issues and
Decision Memo can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Issues and Decision Memo and the
electronic version of the Issues and Decision Memo are identical in
content.
Final Results of the Review
We made no changes to our preliminary results. Therefore, we are
assigning the following dumping margin to Koehler for the period
November 1, 2010, through October 31, 2011.
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Percent
Manufacturer/Exporter margin
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Papierfabrik August Koehler AG............................... 75.36
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Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, in accordance with 19 CFR 351.212(b). The Department intends
to issue appropriate assessment instructions directly to CBP 15 days
after publication of these final results of review. For Koehler's U.S.
sales, we will base the assessment rate assigned to the corresponding
entries on AFA, as noted above.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of lightweight thermal paper from Germany 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 established in the final results of this
administrative review; (2) for previously reviewed or investigated
companies not participating in this review, 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
previous review, or the original less-than-fair-value 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.\4\ These deposit requirements, when
imposed, shall remain in effect until further notice.
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\4\ See Order.
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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
[[Page 23222]]
could result in the Secretary's presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
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). 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.
This administrative review and notice are published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221.
Dated: April 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Issues and Decision Memo
1. Application of Total Adverse Facts Available (AFA).
2. Selection of the AFA Rate.
[FR Doc. 2013-09049 Filed 4-17-13; 8:45 am]
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