Lightweight Thermal Paper from Germany: Notice of Final Determination of Sales at Less Than Fair Value, 57326-57329 [E8-23270]

Download as PDF 57326 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776. As the rates for MDCN, Shenzhen Yuanming, and Xiamen Anne were calculated under section 776 of the Act, those rates were not reflected in the ‘‘all others’’ rate. In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for companies not investigated, we determined an ‘‘all others’’ rate by weighting the individual company subsidy rate of each of the companies investigated by each company’s exports of the subject merchandise to the United States. The ‘‘all others’’ rate does not include zero and de minimis rates or any rates based solely on the facts available. In this investigation, because we have only one rate that can be used to calculate the ‘‘all others’’ rate, GG’s rate, we have assigned that rate to all other non-investigated companies. Exporter/manufacturer mstockstill on PROD1PC66 with NOTICES Guangdong Guanhao High-Tech Co., Ltd. Shanghai Hanhong Paper Co., Ltd. Shenzhen Yuanming Industrial Development Co., Ltd. MDCN Technology Co., Ltd. Xiamen Anne Paper Co., Ltd. All Others ....................... Net subsidy rate 13.17 0.57 (de minimis) 137.25 123.65 123.65 13.17 As a result of our Preliminary Determination and pursuant to section 703(d) of the Act, we instructed the U.S. Customs and Border Protection (‘‘CBP’’) to suspend liquidation of all entries of LWTP from the PRC which were entered or withdrawn from warehouse, for consumption on or after March 14, 2008, the date of the publication of the Preliminary Determination in the Federal Register, except for entries from Hanhong, which had a de minimis rate. In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation for countervailing duty purposes on all shipments of the subject merchandise entered, or withdrawn from the warehouse, for consumption on or after July 12, 2008, but to continue the suspension of liquidation of entries made from March 14, 2008 through July 11, 2008. We will issue a countervailing duty order and reinstate the suspension of liquidation under section 706(a) of the Act if the ITC issues a final affirmative injury determination, and will require a VerDate Aug<31>2005 17:52 Oct 01, 2008 Jkt 217001 cash deposit of estimated countervailing duties for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an APO, without the written consent of the Assistant Secretary for Import Administration. Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an administrative protective order (‘‘APO’’) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 violation which is subject to sanction. This determination is published pursuant to sections 705(d) and 777(i) of the Act. Dated: September 25, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. Appendix List of Comments and Issues in the Decision Memorandum Comment 1: The Department’s Authority to Apply the Countervailing Duty Law to China. Comment 2: Cut-off Date for Recognition of Subsidies. Comment 3: Adverse Facts Available (‘‘AFA’’). Comment 4: Sales Denominator for GG and ZG. Comment 5: Government Policy Lending— Specificity. Comment 6: Government Policy Lending— Financial Contribution. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Comment 7: Government Policy Lending— Whether Particular Banks Are ‘‘Authorities’’. Comment 8: Chinese Interest Rates as the Benchmark. Comment 9: Benchmark Rates. Comment 10: Whether to Countervail Certain Loans Received from Shareholders. Comment 11: Provision of Electricity for Less Than Adequate Remuneration. Comment 12: Provision of Land for Less Than Adequate Remuneration. Comment 13: Stamp Tax and Income Tax Exemption Under Non-Tradable Share Reform. Comment 14: Whether ZG is Creditworthy. Comment 15: Double Counting/Overlapping Remedies. [FR Doc. E8–23271 Filed 10–1–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE INTERNATIONAL TRADE ADMINISTRATION (A–428–840) Lightweight Thermal Paper from Germany: Notice of Final Determination of Sales at Less Than Fair Value Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has determined that imports of lightweight thermal paper (LWTP) from Germany are being, or are likely to be, sold in the United States at less than fair value (LFTV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final estimated margins of sales at LTFV are listed below in the section entitled ‘‘Final Determination Margins.’’ EFFECTIVE DATE: October 2, 2008. FOR FURTHER INFORMATION CONTACT: Cindy Robinson 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) 482–3797 or (202) 482– 1167, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Case History On May 13, 2008, the Department published in the Federal Register its preliminary determination in the antidumping duty investigation of LWTP from Germany. See Lightweight Thermal Paper from Germany: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 73 FR 27498 E:\FR\FM\02OCN1.SGM 02OCN1 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices (May 13, 2008) (Preliminary Determination). In the Preliminary Determination, based on our examination of the petitioner’s targeted dumping allegation filed on March 27, 2008, we conducted an analysis to determine whether targeted dumping occurred. We preliminarily determined that there is not a pattern of export prices (EPs) for comparable merchandise that differ significantly among customers, regions or by time period.1 In the Preliminary Determination, the Department invited comments on the overall application of the targeted dumping test applied in this proceeding and on the Preliminary Determination as a whole.2 We received comments within the case briefs submitted by the petitioner3 and the respondent, Papierfabrik August Koehler AG and Koehler America, Inc. (collectively, Koehler) on July 31, 2008. Koehler and Mitsubishi HiTec Paper Flensburg GmbH and Mitsubishi HiTec Paper Bielefeld GmbH (collectively, Mitsubishi HiTec Paper) and Mitsubishi International Corporation (MIC)4 submitted rebuttal comments on August 5, 2008. We conducted sales and cost verifications of the questionnaire responses submitted by Koehler. See Memorandum to the File from George McMahon and Cindy Robinson, Case Analysts, through James Terpstra, Program Manager, Office 3, entitled ‘‘Verification of the Sales Response of Papierfabrik August Koehler AG and Koehler America, Inc. (collectively, Koehler) in the Antidumping Duty Investigation of Lightweight Thermal Paper (LWTP) from Germany,’’ dated July 24, 2008 (Koehler Sales Verification Report); see also Memorandum to the File through Neal M. Halper, from Robert B. Greger, entitled ‘‘Verification of the Cost Response of Papierfabrik August Koehler AG in the Antidumping Investigation of Lightweight Thermal Paper from Germany,’’ dated June 18, 2008 (Koehler Cost Verification Report). All verification reports are on file and available in the Central Records Unit (CRU), Room 1117, of the main Department of Commerce building. 1 See Preliminary Determination at 27500. at 27498, 27500, and 27503. 3 The petitioner in this investigation is Appleton Papers, Inc. 4 Mitsubishi HiTec Paper and MIC were also identified by the petitioner as potential respondents in the petition submitted in this investigation. However, the Department selected Koehler as the only mandatory respondent due to the Department’s resource constraints. See ‘‘Respondent Selection Memorandum’’ dated December 4, 2007, for further details. Therefore, Mitsubishi HiTec Paper and MIC are not mandatory respondents in this investigation. mstockstill on PROD1PC66 with NOTICES 2 Id. VerDate Aug<31>2005 17:52 Oct 01, 2008 Jkt 217001 Based on the Department’s findings at verification, as well as the minor corrections presented by Koehler at the start of its verifications, we requested during verification that respondent submit revised sales databases. As requested, Koehler submitted its revised sales databases at verification on June 26, 2008. Period of Investigation The POI is July 1, 2006, to June 30, 2007. This period corresponds to the four most recent fiscal quarters prior to the month of the filing of the petition. Scope of the Investigation The merchandise covered by this investigation includes certain lightweight thermal paper, which is thermal paper with a basis weight of 70 grams per square meter (g/m2) (with a tolerance of ± 4.0 g/m2) or less; irrespective of dimensions;5 with or without a base coat6 on one or both sides; with thermal active coating(s)7 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;8 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 investigation may be classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 4811.90.8040 and 4811.90.9090.9 As discussed below, we added to the scope of the investigation the following HTSUS subheadings: 5 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 rolls and converted rolls (as well as LWTP in any other forms, presentations, or dimensions) are covered by the scope of this investigation. 6 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. 7 A thermal active coating is typically made of sensitizer, dye, and co-reactant. 8 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. 9 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 nonsubject 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 nonsubject product) and 4811.90.9090 (for ≥other,≥ including LWTP). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 57327 3703.10.60, 4811.59.20, 4820.10.20, and 4823.40.00. Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. Scope Comments On November 19, 2007, the petitioner submitted scope comments in which it requested that the Department add the following additional HTSUS subheadings to the scope of the investigation: HTSUS subheading 3703.10.60, 4811.59, 4820.10, and 4823.40 based on the claim that subject merchandise may also enter under these HTSUS subheadings. On April 11, 2008, and April 16, 2008, the Department received letters from the National Import Specialists at U.S. Customs and Border Protection (CBP) requesting that HTSUS subheadings 3703.10.60, 4811.59.20, 4820.10.20, and 4823.40.00 be added to the scope of the antidumping duty investigation of LWTP from Germany and simultaneous antidumping duty and countervailing duty investigations of LWTP from the People’s Republic of China (PRC) on the basis that entries of subject merchandise could be classified therein. See Memorandum to the File from the Team to the File through James Terpstra, entitled ‘‘Request from Customs and Border Protection to update AD /CVD Module,’’ dated April 17, 2008. Since the Preliminary Determination, no party to this proceeding has commented on this issue and we have found no additional information that would compel us to reverse our preliminary decision to add the aforementioned HTSUS subheadings to the scope of the investigation. Thus, for purposes of the final determination, we have added these additional subheadings to the scope of this investigation. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this antidumping investigation are addressed in the ‘‘Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Lightweight Thermal Paper from Germany’’ (Decision Memorandum) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated September 25, 2008, which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded, all of which are in the Decision Memorandum, is attached to E:\FR\FM\02OCN1.SGM 02OCN1 57328 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices this notice as an appendix. Parties can find a complete discussion of all issues raised in this investigation and the corresponding recommendations in the Decision Memorandum which is on file in the CRU. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision Memorandum are identical in content. Targeted Dumping In the Preliminary Determination, with respect to targeted dumping, we followed the methodology outlined in the post–preliminary targeted dumping analysis in the investigations of steel nails from the People’s Republic of China and the United Arab Emirates. See Memorandum to David M. Spooner, Assistant Secretary for Import Administration, from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, RE: Antidumping Duty Investigation of Certain Steel Nails from the People’s Republic of China (PRC) and the United Arab Emirates (UAE), Subject: Post–Preliminary Determinations on Targeted Dumping, dated April 21, 2008 (Nails Targeted Dumping Memorandum).10 Based on the targeted dumping test that we applied in the Preliminary Determination, we did not find a pattern of EPs for comparable merchandise that differ significantly among customers, regions or by time period.1 As a result, we applied the average–to-average methodology to the EPs of all of Koehler’s sales to the United States during the POI and calculated a margin of 6.49 percent for Koehler.12 In the Preliminary Determination, the Department applied the targeted dumping test based on the methodology outlined in the Nail Targeted Dumping Memorandum and found that all three allegations of targeted dumping (customer, region, and time period) failed the test. We have analyzed the case and rebuttal briefs13 with respect to targeted dumping issues submitted for the record in this investigation and considered the changes made to the targeted dumping test applied in the final determinations of Nails and PRC Tires.14 As a result of our analysis, we 10 See Preliminary Determination at 27500. mstockstill on PROD1PC66 with NOTICES 11 Id. 12 Id. at 27503. the petitioner’s case brief, dated July 31, 2008; see also Koehler and Mitsubishi HiTec Paper and MIC’s rebuttal briefs, dated August 5, 2008. 14 See Certain Steel Nails from the United Arab Emirates: Notice of Final Determination of Sales at Not Less Than Fair Value, 73 FR 33985 (June 16, 2008), and accompanying Issues and Decision 13 See VerDate Aug<31>2005 17:52 Oct 01, 2008 Jkt 217001 utilized the Nails targeted dumping test from the Preliminary Determination and applied certain modifications from Nails and PRC Tires for purposes of the final determination.15 As in the Preliminary Determination, we did not find a pattern of EPs for comparable merchandise that differ significantly among customers, regions or by time period. For further discussion, see Comments 2 through 4 of the Decision Memorandum. See also; ‘‘Final Analysis Memorandum for Sales Koehler,’’ dated September 25, 2008 (Final Sales Memorandum) and Memorandum to Neal M. Halper, Director, Office of Accounting, entitled ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Final Determination Koehler,’’ dated September 25, 2008 (Final Cost Memorandum). Verification As provided in section 782(i) of the Act, we verified the sales and cost information submitted by Koehler for use in our final determination. We used standard verification procedures including an examination of relevant accounting and production records, and original source documents provided by Koehler. See ‘‘Koehler Sales Verification Report’’ and ‘‘Koehler Cost Verification Report.’’ Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we have made certain changes to the margin calculation for Koehler. For a discussion of these changes, see the Final Sales Memorandum and Final Cost Memorandum. Final Determination Margins We determine that the following weighted–average dumping margin exists for the period July 1, 2006, to June 30, 2007: Memorandum (Steel Nails from the UAE) at Comment 5; see also Certain Steel Nails from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances, 73 FR 33977 (June 16, 2008), and accompanying Issues and Decision Memorandum (Steel Nails from the PRC) at Comments 3, 5, and 9 (collectively, Nails); see also Certain New Pneumatic Off-The-Road Tires from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances, 73 FR 40480 (July 15, 2008), and accompanying Issues and Decision Memorandum (PRC Tires) at Comments 23. B and 23.G. 15 Id. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Manufacturer/Exporter Papierfabrik August Koehler AG and Koehler America, Inc. All Others ...................... Weighted–Average Margin (percent) 6.50 6.50 Disclosure We will 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). Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of subject merchandise from Germany, entered, or withdrawn from warehouse, for consumption on or after May 13, 2008, the date of publication of the Preliminary Determination. We will instruct CBP to require a cash deposit or the posting of a bond equal to the weighted–average dumping margins, as indicated in the chart above. These suspension–of-liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (ITC) of our final determination. As our final determination is affirmative and in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO This notice also serves as a 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. Timely notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations E:\FR\FM\02OCN1.SGM 02OCN1 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices and the terms of an APO is a sanctionable violation. This determination is issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. FOR FURTHER INFORMATION CONTACT: Frances Veith or Demitrios Kalogeropoulos, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4295 or (202) 482–2623, respectively. Dated: Septembe 25, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. Appendix -- Issues in Decision Memorandum I. GENERAL ISSUES Comment 1: Ministerial Error Correction II. TARGETED DUMPING ISSUES Comment 2: Whether the Department’s Targeted Dumping Test is Flawed and Should be Replaced with the ‘‘preponderance at two percent test’’ (P/ 2 Test) Comment 3: Whether the Department Should Apply any Margins Calculated for Koehler Pursuant to its Targeted Dumping Test to Mitsubishi HiTec Paper and the Non–Selected Respondents Comment 4: Whether Margins Should be Calculated Without Applying Offsets for Non–Dumped Sales [FR Doc. E8–23270 Filed 10–1–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–920] Lightweight Thermal Paper From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 2, 2008. SUMMARY: On May 13, 2008, the Department of Commerce (the ‘‘Department’’) published its preliminary determination of sales at less than fair value (‘‘LTFV’’) in the antidumping investigation of lightweight thermal paper (‘‘LWTP’’) from the People’s Republic of China (‘‘PRC’’). The period of investigation (‘‘POI’’) is January 1, 2007, to June 30, 2007. We invited interested parties to comment on our preliminary determination of sales at LTFV. Based on our analysis of the comments we received, we have made changes to our calculations for the mandatory respondents. The final dumping margins for this investigation are listed in the ‘‘Final Determination Margins’’ section below. mstockstill on PROD1PC66 with NOTICES AGENCY: VerDate Aug<31>2005 17:52 Oct 01, 2008 Jkt 217001 Final Determination We determine that LWTP from the PRC is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Tariff Act of 1930, as amended (‘‘the Act’’). The estimated margins of sales at LTFV are shown in the ‘‘Final Determination Margins’’ section of this notice. SUPPLEMENTARY INFORMATION: Case History The Department published its preliminary determination of sales at LTFV on May 13, 2008. See Lightweight Thermal Paper From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 73 FR 27504 (May 13, 2008) (‘‘Preliminary Determination’’). Additionally, the Department postponed the deadline for the final determination by 60 days to September 25, 2008. See Preliminary Determination, at 27504. On May 28, 2008, Appleton Papers, Inc. (‘‘petitioner’’) submitted comments regarding Guanhao’s eligibility for a separate rate. From June 2 through 13, 2008, the Department conducted verifications of Hanhong International Limited, Shanghai Hanhong Paper Co., Ltd., and Hong Kong Hanhong Ltd. (collectively (‘‘Hanhong’’)) and Guangdong Guanhao High-Tech Co., Ltd. (‘‘Guanhao’’) and released its verification reports for both companies on July 16, 2008. See the ‘‘Verification’’ section below for additional information. On June 12, 2008, petitioner filed a timely request for a public hearing. On June 23, 2008, petitioner and Guanhao submitted surrogate value information for the record. On July 2, 2008, the Department placed its updated wage rate calculations on the record. On July 24, 2008, case briefs were filed by both petitioner and Hanhong. On July 29, 2008, Hanhong and Guanhao each filed rebuttal briefs. On August 14, 2008, petitioner withdrew its request for a hearing. Targeted Dumping On May 5, 2008, petitioner filed an allegation of targeted dumping with respect to patterns of Hanhong’s PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 57329 constructed export prices (‘‘CEPs’’) for comparable merchandise that differ significantly among purchases and periods of time. Petitioner limited its targeted dumping allegation to patterns of prices found in Hanhong’s CEP sales. In our Preliminary Determination, we found that Hanhong was not affiliated with its U.S. customer, and based our margin analysis on Hanhong’s export price (‘‘EP’’) sales. As a result, petitioner’s targeted dumping allegation was inapplicable to our margin calculations. Since the Preliminary Determination, no interested party has provided any argument or information on the record concerning petitioner’s targeted dumping allegation. In our final determination, we have continued to find Hanhong unaffiliated with its U.S. customer, and consequently, based our margin calculations on Hanhong’s EP sales. As a result, petitioner’s allegation of targeted dumping is not applicable to our margin analysis. Therefore, we did not address it in this final determination. Period of Investigation The period of investigation (‘‘POI’’) is January 1, 2007, through June 30, 2007. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was September 2007. See 19 CFR 351.204(b)(1). Verification As provided in section 782(i) of the Act, we verified the information submitted by Hanhong and Guanhao for use in our final determination. See the Department’s verification reports on the record of this investigation in the Central Records Unit (‘‘CRU’’), Room 1117 of the main Department building, with respect to these entities. For all verified companies, we used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by respondents. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the ‘‘Investigation of Lightweight Thermal Paper from the People’s Republic of China: Issues and Decision Memorandum,’’ dated concurrently with this notice and hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix I. The Issues and Decision E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Notices]
[Pages 57326-57329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23270]


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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

(A-428-840)


Lightweight Thermal Paper from Germany: Notice of Final 
Determination of Sales at Less Than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined 
that imports of lightweight thermal paper (LWTP) from Germany are 
being, or are likely to be, sold in the United States at less than fair 
value (LFTV), as provided in section 735 of the Tariff Act of 1930, as 
amended (the Act). The final estimated margins of sales at LTFV are 
listed below in the section entitled ``Final Determination Margins.''

EFFECTIVE DATE: October 2, 2008.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson 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) 482-3797 
or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Case History

    On May 13, 2008, the Department published in the Federal Register 
its preliminary determination in the antidumping duty investigation of 
LWTP from Germany. See Lightweight Thermal Paper from Germany: Notice 
of Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 73 FR 27498

[[Page 57327]]

(May 13, 2008) (Preliminary Determination).
    In the Preliminary Determination, based on our examination of the 
petitioner's targeted dumping allegation filed on March 27, 2008, we 
conducted an analysis to determine whether targeted dumping occurred. 
We preliminarily determined that there is not a pattern of export 
prices (EPs) for comparable merchandise that differ significantly among 
customers, regions or by time period.\1\
---------------------------------------------------------------------------

    \1\ See Preliminary Determination at 27500.
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    In the Preliminary Determination, the Department invited comments 
on the overall application of the targeted dumping test applied in this 
proceeding and on the Preliminary Determination as a whole.\2\ We 
received comments within the case briefs submitted by the petitioner\3\ 
and the respondent, Papierfabrik August Koehler AG and Koehler America, 
Inc. (collectively, Koehler) on July 31, 2008. Koehler and Mitsubishi 
HiTec Paper Flensburg GmbH and Mitsubishi HiTec Paper Bielefeld GmbH 
(collectively, Mitsubishi HiTec Paper) and Mitsubishi International 
Corporation (MIC)\4\ submitted rebuttal comments on August 5, 2008.
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    \2\ Id. at 27498, 27500, and 27503.
    \3\ The petitioner in this investigation is Appleton Papers, 
Inc.
    \4\ Mitsubishi HiTec Paper and MIC were also identified by the 
petitioner as potential respondents in the petition submitted in 
this investigation. However, the Department selected Koehler as the 
only mandatory respondent due to the Department's resource 
constraints. See ``Respondent Selection Memorandum'' dated December 
4, 2007, for further details. Therefore, Mitsubishi HiTec Paper and 
MIC are not mandatory respondents in this investigation.
---------------------------------------------------------------------------

    We conducted sales and cost verifications of the questionnaire 
responses submitted by Koehler. See Memorandum to the File from George 
McMahon and Cindy Robinson, Case Analysts, through James Terpstra, 
Program Manager, Office 3, entitled ``Verification of the Sales 
Response of Papierfabrik August Koehler AG and Koehler America, Inc. 
(collectively, Koehler) in the Antidumping Duty Investigation of 
Lightweight Thermal Paper (LWTP) from Germany,'' dated July 24, 2008 
(Koehler Sales Verification Report); see also Memorandum to the File 
through Neal M. Halper, from Robert B. Greger, entitled ``Verification 
of the Cost Response of Papierfabrik August Koehler AG in the 
Antidumping Investigation of Lightweight Thermal Paper from Germany,'' 
dated June 18, 2008 (Koehler Cost Verification Report). All 
verification reports are on file and available in the Central Records 
Unit (CRU), Room 1117, of the main Department of Commerce building.
    Based on the Department's findings at verification, as well as the 
minor corrections presented by Koehler at the start of its 
verifications, we requested during verification that respondent submit 
revised sales databases. As requested, Koehler submitted its revised 
sales databases at verification on June 26, 2008.

Period of Investigation

    The POI is July 1, 2006, to June 30, 2007. This period corresponds 
to the four most recent fiscal quarters prior to the month of the 
filing of the petition.

Scope of the Investigation

    The merchandise covered by this investigation includes certain 
lightweight thermal paper, which is thermal paper with a basis weight 
of 70 grams per square meter (g/m[bdi2]) (with a tolerance of  4.0 g/m[bdi2]) or less; irrespective of dimensions;\5\ with or 
without a base coat\6\ on one or both sides; with thermal active 
coating(s)\7\ 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;\8\ 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 investigation may be classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) under subheadings 4811.90.8040 
and 4811.90.9090.\9\ As discussed below, we added to the scope of the 
investigation the following HTSUS subheadings: 3703.10.60, 4811.59.20, 
4820.10.20, and 4823.40.00. Although HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the investigation is dispositive.
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    \5\ 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 rolls and converted rolls (as 
well as LWTP in any other forms, presentations, or dimensions) are 
covered by the scope of this investigation.
    \6\ 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.
    \7\ A thermal active coating is typically made of sensitizer, 
dye, and co-reactant.
    \8\ 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.
    \9\ 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).
---------------------------------------------------------------------------

Scope Comments

    On November 19, 2007, the petitioner submitted scope comments in 
which it requested that the Department add the following additional 
HTSUS subheadings to the scope of the investigation: HTSUS subheading 
3703.10.60, 4811.59, 4820.10, and 4823.40 based on the claim that 
subject merchandise may also enter under these HTSUS subheadings.
    On April 11, 2008, and April 16, 2008, the Department received 
letters from the National Import Specialists at U.S. Customs and Border 
Protection (CBP) requesting that HTSUS subheadings 3703.10.60, 
4811.59.20, 4820.10.20, and 4823.40.00 be added to the scope of the 
antidumping duty investigation of LWTP from Germany and simultaneous 
antidumping duty and countervailing duty investigations of LWTP from 
the People's Republic of China (PRC) on the basis that entries of 
subject merchandise could be classified therein. See Memorandum to the 
File from the Team to the File through James Terpstra, entitled 
``Request from Customs and Border Protection to update AD /CVD 
Module,'' dated April 17, 2008. Since the Preliminary Determination, no 
party to this proceeding has commented on this issue and we have found 
no additional information that would compel us to reverse our 
preliminary decision to add the aforementioned HTSUS subheadings to the 
scope of the investigation. Thus, for purposes of the final 
determination, we have added these additional subheadings to the scope 
of this investigation.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping investigation are addressed in the ``Issues and 
Decision Memorandum for the Final Determination of the Antidumping Duty 
Investigation of Lightweight Thermal Paper from Germany'' (Decision 
Memorandum) from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration, dated September 25, 2008, which is hereby 
adopted by this notice. A list of the issues which parties have raised 
and to which we have responded, all of which are in the Decision 
Memorandum, is attached to

[[Page 57328]]

this notice as an appendix. Parties can find a complete discussion of 
all issues raised in this investigation and the corresponding 
recommendations in the Decision Memorandum which is on file in the CRU. 
In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. 
The paper copy and electronic version of the Decision Memorandum are 
identical in content.

Targeted Dumping

    In the Preliminary Determination, with respect to targeted dumping, 
we followed the methodology outlined in the post-preliminary targeted 
dumping analysis in the investigations of steel nails from the People's 
Republic of China and the United Arab Emirates. See Memorandum to David 
M. Spooner, Assistant Secretary for Import Administration, from Stephen 
J. Claeys, Deputy Assistant Secretary for Import Administration, RE: 
Antidumping Duty Investigation of Certain Steel Nails from the People's 
Republic of China (PRC) and the United Arab Emirates (UAE), Subject: 
Post-Preliminary Determinations on Targeted Dumping, dated April 21, 
2008 (Nails Targeted Dumping Memorandum).\10\ Based on the targeted 
dumping test that we applied in the Preliminary Determination, we did 
not find a pattern of EPs for comparable merchandise that differ 
significantly among customers, regions or by time period.\1\ As a 
result, we applied the average-to-average methodology to the EPs of all 
of Koehler's sales to the United States during the POI and calculated a 
margin of 6.49 percent for Koehler.\12\
---------------------------------------------------------------------------

    \10\ See Preliminary Determination at 27500.
    \11\ Id.
    \12\ Id. at 27503.
---------------------------------------------------------------------------

    In the Preliminary Determination, the Department applied the 
targeted dumping test based on the methodology outlined in the Nail 
Targeted Dumping Memorandum and found that all three allegations of 
targeted dumping (customer, region, and time period) failed the test. 
We have analyzed the case and rebuttal briefs\13\ with respect to 
targeted dumping issues submitted for the record in this investigation 
and considered the changes made to the targeted dumping test applied in 
the final determinations of Nails and PRC Tires.\14\ As a result of our 
analysis, we utilized the Nails targeted dumping test from the 
Preliminary Determination and applied certain modifications from Nails 
and PRC Tires for purposes of the final determination.\15\
---------------------------------------------------------------------------

    \13\ See the petitioner's case brief, dated July 31, 2008; see 
also Koehler and Mitsubishi HiTec Paper and MIC's rebuttal briefs, 
dated August 5, 2008.
    \14\ See Certain Steel Nails from the United Arab Emirates: 
Notice of Final Determination of Sales at Not Less Than Fair Value, 
73 FR 33985 (June 16, 2008), and accompanying Issues and Decision 
Memorandum (Steel Nails from the UAE) at Comment 5; see also Certain 
Steel Nails from the People's Republic of China: Final Determination 
of Sales at Less Than Fair Value and Partial Affirmative 
Determination of Critical Circumstances, 73 FR 33977 (June 16, 
2008), and accompanying Issues and Decision Memorandum (Steel Nails 
from the PRC) at Comments 3, 5, and 9 (collectively, Nails); see 
also Certain New Pneumatic Off-The-Road Tires from the People's 
Republic of China: Final Affirmative Determination of Sales at Less 
Than Fair Value and Partial Affirmative Determination of Critical 
Circumstances, 73 FR 40480 (July 15, 2008), and accompanying Issues 
and Decision Memorandum (PRC Tires) at Comments 23. B and 23.G.
    \15\ Id.
---------------------------------------------------------------------------

    As in the Preliminary Determination, we did not find a pattern of 
EPs for comparable merchandise that differ significantly among 
customers, regions or by time period. For further discussion, see 
Comments 2 through 4 of the Decision Memorandum. See also; ``Final 
Analysis Memorandum for Sales Koehler,'' dated September 25, 2008 
(Final Sales Memorandum) and Memorandum to Neal M. Halper, Director, 
Office of Accounting, entitled ``Cost of Production and Constructed 
Value Calculation Adjustments for the Final Determination Koehler,'' 
dated September 25, 2008 (Final Cost Memorandum).

Verification

    As provided in section 782(i) of the Act, we verified the sales and 
cost information submitted by Koehler for use in our final 
determination. We used standard verification procedures including an 
examination of relevant accounting and production records, and original 
source documents provided by Koehler. See ``Koehler Sales Verification 
Report'' and ``Koehler Cost Verification Report.''

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we have made certain changes to the margin calculation 
for Koehler. For a discussion of these changes, see the Final Sales 
Memorandum and Final Cost Memorandum.

Final Determination Margins

    We determine that the following weighted-average dumping margin 
exists for the period July 1, 2006, to June 30, 2007:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Papierfabrik August Koehler AG and Koehler America,                 6.50
 Inc................................................
All Others..........................................                6.50
------------------------------------------------------------------------

Disclosure

    We will 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).

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of all entries of subject merchandise from Germany, entered, or 
withdrawn from warehouse, for consumption on or after May 13, 2008, the 
date of publication of the Preliminary Determination. We will instruct 
CBP to require a cash deposit or the posting of a bond equal to the 
weighted-average dumping margins, as indicated in the chart above. 
These suspension-of-liquidation instructions will remain in effect 
until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that such injury does exist, the Department will issue 
an antidumping duty order directing CBP to assess antidumping duties on 
all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding APO

    This notice also serves as a 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. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations

[[Page 57329]]

and the terms of an APO is a sanctionable violation.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: Septembe 25, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

Appendix -- Issues in Decision Memorandum

I. GENERAL ISSUES

Comment 1: Ministerial Error Correction

II. TARGETED DUMPING ISSUES

Comment 2: Whether the Department's Targeted Dumping Test is Flawed and 
Should be Replaced with the ``preponderance at two percent test'' (P/2 
Test)
Comment 3: Whether the Department Should Apply any Margins Calculated 
for Koehler Pursuant to its Targeted Dumping Test to Mitsubishi HiTec 
Paper and the Non-Selected Respondents
Comment 4: Whether Margins Should be Calculated Without Applying 
Offsets for Non-Dumped Sales
[FR Doc. E8-23270 Filed 10-1-08; 8:45 am]
BILLING CODE 3510-DS-S