[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53431-53433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19258]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-920]
Lightweight Thermal Paper From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on lightweight
thermal paper (``LWTP'') from the People's Republic of China (``PRC'').
The period of review (``POR'') is November 1, 2014, through October 31,
2015. The review covers two exporters of subject merchandise: Jaan Huey
Co. Ltd. (``Jaan Huey'') and Shanghai Hanhong Paper Co., Ltd. and
Hanhong Paper Co. Ltd (together, ``Hanhong''). Because neither
respondent participated in this review, the Department preliminarily
finds that Jaan Huey and Hanhong have not demonstrated eligibility for
a separate rate in this segment of the proceeding, and therefore, for
the preliminary results, we are treating both as part of the PRC-wide
entity. Interested parties are invited to comment on these preliminary
results.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5139.
SUPPLEMENTARY INFORMATION:
Background
On January 7, 2016, the Department initiated the seventh
administrative review of the antidumping duty order on LWTP from the
PRC.\1\ On February 2, 2016, the Department issued antidumping
questionnaires to Jaan Huey and Hanhong. On February 16, 2016, Jaan
Huey notified the Department that it would not be participating in this
administrative review.\2\ The Hanhong companies did not respond to the
Department's request for information.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 736 (January 7, 2016) (``Initiation
Notice'').
\2\ See letter from Jaan Huey, ``Notice of Non-Participation in
ADD Review: Annual Antidumping Administrative Review of Lightweight
Thermal Paper from the People's Republic of China,'' dated February
16, 2016.
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Scope of the Order
The merchandise covered by this review 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 review may be
classified in the Harmonized Tariff Schedule of the United States
(``HTSUS'') under subheadings 3703.10.60, 4811.59.20, 4811.90.8040,
4811.90.9090, 4820.10.20, 4823.40.00, 4811.90.8030, 4811.90.8050,
4811.90.9030, and 4811.90.9050.\7\ \8\
[[Page 53432]]
Although HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of these orders 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.
\7\ HTSUS subheading 4811.90.8000 was a classification used for
LWTP until January 1, 2007. Effective that date, subheading
4811.90.8000 was replaced with 4811.90.8020 (for gift wrap, a non-
subject product) and 4811.90.8040 (for ``other'' including LWTP).
HTSUS subheading 4811.90.9000 was a classification for LWTP until
July 1, 2005. Effective that date, subheading 4811.90.9000 was
replaced with 4811.90.9010 (for tissue paper, a non-subject product)
and 4811.90.9090 (for ``other,'' including LWTP).
\8\ As of January 1, 2009, the International Trade Commission
deleted HTSUS subheadings 4811.90.8040 and 4811.90.9090 and added
HTSUS subheadings 4811.90.8030, 4811.90.8050, 4811.90.9030, and
4811.90.9050 to the Harmonized Tariff Schedule of the United States
(2009). See Harmonized Tariff Schedule of the United States (2009),
available at <ww.usitc.gov>. These HTSUS subheadings were added to
the scope of the order in LWTP's LTFV investigation.
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Non-Market Economy Country
The Department considers the PRC to be a nonmarket economy
(``NME'') country.\9\ In accordance with section 771(18)(C)(i) of the
Tariff Act of 1930, as amended (``the Act''), any determination that a
foreign country is an NME country shall remain in effect until revoked
by the administering authority. Therefore, we continue to treat the PRC
as an NME country for purposes of these preliminary results.
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\9\ See, e.g., Certain Kitchen Appliance Shelving and Racks from
the People's Republic of China: Preliminary Results of the First
Administrative Review, Preliminary Rescission, in Part, and
Extension of Time Limits for the Final Results, 76 FR 62765, 62767-
68 (October 11, 2011), unchanged in Certain Kitchen Appliance
Shelving and Racks from the People's Republic of China: Final
Results and Partial Rescission of First Antidumping Duty
Administrative Review, 77 FR 21734 (April 11, 2012).
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Application of Separate Rates in NME Proceedings
In the Initiation Notice, the Department notified parties of the
application process by which exporters may obtain separate rate status
in an NME proceeding.\10\ It is the Department's policy to assign all
exporters of the merchandise subject to review in NME countries a
single rate unless an exporter can affirmatively demonstrate an absence
of government control, both in law (de jure) and in fact (de facto),
with respect to exports. To establish whether a company is sufficiently
independent to be entitled to a separate, company-specific rate, the
Department analyzes each exporting entity in an NME country under the
test established in Sparklers,\11\ as further developed by Silicon
Carbide.\12\ However, if the Department determines that a company is
wholly foreign-owned, then an analysis of the de jure and de facto
criteria is not necessary to determine whether it is independent from
government control.\13\
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\10\ See Initiation Notice.
\11\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991) (``Sparklers'').
\12\ See Notice of Final Determination of Sales at Less Than
Fair Value: Silicon Carbide from the People's Republic of China, 59
FR 22585 (May 2, 1994) (``Silicon Carbide'').
\13\ See, e.g., Final Results of Antidumping Duty Administrative
Review: Petroleum Wax Candles from the People's Republic of China,
72 FR 52355, 52356 (September 13, 2007).
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Methodology
The Department is conducting this review in accordance with section
751 of the Act. Neither mandatory respondent cooperated to the best of
its ability because neither provided a response to the Department's
questionnaire. Further, neither respondent submitted a separate rate
application or certification to demonstrate eligibility to receive a
separate rate. Thus, the Department preliminarily determines that the
application of adverse facts available (``AFA'') is warranted for these
preliminary results, in accordance with section 776 of the Act and 19
CFR 351.308 and, because neither demonstrated eligibility for a
separate rate, we are treating the mandatory respondents as part of the
PRC-wide entity.
PRC-Wide Entity
The Department's change in policy regarding conditional review of
the PRC-wide entity applies to this administrative review.\14\ Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a review
of the entity. Because no party requested a review of the PRC-wide
entity in this review, the entity is not under review, and the entity's
rate is not subject to change (i.e., 115.29 percent).\15\
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\14\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\15\ See ``Lightweight Thermal Paper from the People's Republic
of China: Final Determination of Sales at Less Than Fair Value,'' 73
FR 57329 (Oct 2, 2008).
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Preliminary Results of Review
The preliminary weighted-average antidumping duty margin percentage
is as follows:
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Weighted-
average dumping
Producer and/or exporter margin
(percent)
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PRC-Wide Entity........................................ 115.29
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Public Comment and Opportunity To Request a Hearing
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\16\ Rebuttals to case briefs must be limited to
issues raised in the case briefs and must be filed within five days
following the time limit for filing case briefs.\17\ Parties who submit
arguments are requested to submit with the argument (a) a statement of
the issue, (b) a brief summary of the argument, and (c) a table of
authorities.\18\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.\19\
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\16\ See 19 CFR 351.309(c)(1)(ii).
\17\ See 19 CFR 351.309(d)(1)-(2).
\18\ See 19 CFR 351.309(c)(2), (d)(2).
\19\ See 19 CFR 351.303 (for general filing requirements).
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Any interested party may request a hearing within 30 days of
publication of this notice.\20\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\21\
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\20\ See 19 CFR 351.310(c).
\21\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed PRC and non-PRC exporters who are not under
review in this segment of the proceeding but who have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (2) for all PRC
[[Page 53433]]
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the PRC-wide
rate of 115.29 percent; and (3) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter(s) that supplied
that non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
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 off antidumping duties prior to liquidation
of the relevant entries during this 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.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-19258 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P