[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Notices]
[Pages 34719-34720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14243]
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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; 2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 16, 2013, the Department of Commerce (the
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, 2011, through
October 31, 2012. We invited interested parties to comment on the
preliminary results. After reviewing the comments received and making
one correction to the margin calculation program, we continue to find
that Papierfabrik August Koehler SE (Koehler) did not make sales of
subject merchandise at less than normal value. The final dumping margin
for Koehler, listed below in the section entitled ``Final Results of
Review,'' is unchanged from the preliminary results. In addition, we
find that Papierfabrik August Koehler SE is the successor-in-interest
to Papierfabrik August Koehler AG.
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\1\ See Lightweight Thermal Paper from Germany; Preliminary
Results of Antidumping Duty Administrative Review; 2011-2012, 78 FR
78335 (December 26, 2013) (Preliminary Results).
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DATES: Effective Date: June 18, 2014.
FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
4136.
Background
Since the publication of the Preliminary Results, the following
events have occurred. In February 2014, the petitioner, Appvion, Inc.,
and Koehler each submitted case and rebuttal briefs. On March 13, 2014,
we held both a public and a closed hearing hearing at the request of
the petitioner.
The Department 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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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 2011-2012 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 Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at http://iaaccess.trade.gov
and is available to all parties 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
[[Page 34720]]
accessed directly on the Internet at http://enforcement.trade.gov/frn/.
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
As a result of this review, we determine that the following
weighted-average dumping margin exists for the period November 1, 2011,
through October 31, 2012.
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Percent
Manufacturer/exporter margin
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Papierfabrik August Koehler SE.............................. 0.00
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Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
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. Because we have
calculated a zero margin for Koehler in the final results of this
review, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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) (Assessment
Policy Notice). This clarification applies to entries of subject
merchandise during the POR produced by Koehler for which it did not
know that the merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate effective during the POR if there is no rate for the
intermediate company(ies) involved in the transaction. See Assessment
Policy Notice for a full discussion of this clarification.
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) For Koehler, the calculated
weighted-average margin rate is 0.00 percent and, accordingly, no cash
deposit will be required; (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.\3\ These deposit requirements, when
imposed, shall remain in effect until further notice.
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\3\ 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 could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
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 or 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: June 11, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memo
1. Exclusion of Certain Sales from Normal Value (NV)
Calculations
2. Application of Adverse Facts Available (AFA) to Unreported
U.S. Sales Quantity
3. Recalculation of Indirect Selling Expenses Incurred in the
United States
4. Differential Pricing and Application of Average-to-
Transaction Methodology
5. Ministerial Errors in Margin Calculation Program
[FR Doc. 2014-14243 Filed 6-17-14; 8:45 am]
BILLING CODE 3510-DS-P