Lightweight Thermal Paper from Germany: Notice of Partial Rescission of Antidumping Duty Administrative Review, 20951-20952 [2011-9110]

Download as PDF Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES Section A of the Department’s questionnaire by February 10, 2011, and Sections C and D of the questionnaire by February 28, 2011. On February 2, 2011, eight days prior to the Department’s February 10, 2011, deadline for Section A questionnaire responses, the Department received a request on behalf of New King Shan (Zhuhai) Co., Ltd. (‘‘NKS’’), a mandatory respondent in the original investigation and a separate rate company in this review, to be selected as a replacement mandatory respondent in the event of a non-responsive mandatory respondent and for a 28-day extension to submit questionnaire responses.4 On February 4, 2011, Wireking filed a request for an extension of the deadline to submit its Section A response, which the Department extended to February 22, 2011, for Wireking and any potential voluntary respondents.5 The Department did not receive an extension request from Weixi and did not receive its Section A response by the appointed deadline. On February 23, 2011, the Department received an unsolicited Section A questionnaire response from NKS.6 On March 1, 2011, because Weixi did not cooperate with our request for information, the Department selected NKS, the third largest exporter by volume, as a replacement mandatory respondent.7 We also determined that it was appropriate to use the Section A response already submitted by NKS as the basis for that company’s response as a mandatory respondent.8 On March 1, 2011, the Department sent its antidumping questionnaire to NKS and assigned a deadline of March 22, 2011, for its Sections C and D responses.9 The preliminary results of this review are currently due on June 2, 2011. 4 See Letter from NKS regarding ‘‘Request for Extension of Time to File Voluntary Response and Request for Clarification of Reporting of Sales,’’ dated February 2, 2011. 5 See Memorandum to the File from Kabir Archuletta, International Trade Analyst, Office 9, regarding ‘‘Guangdong Wireking Housewares & Hardware Co., Ltd. Section A Questionnaire Extension Request,’’ dated February 10, 2011. 6 See ‘‘Voluntary Response to Section A by New King Shan (Zhuhai) Co., Ltd.,’’ dated February 23, 2011. 7 See Memorandum to James C. Doyle, Office Director, Office 9, through Catherine Bertrand, Program Manager, Office 9, from Kabir Archuletta, International Trade Analyst, Office 9, ‘‘Antidumping Review of Certain Kitchen Appliance Shelving and Racks from the People’s Republic of China: Selection of an Additional Mandatory Respondent,’’ dated March 1, 2011. 8 See id. 9 See Letter to NKS from Catherine Bertrand, Program Manager, Office 9, ‘‘Kitchen Appliance Shelving and Racks from the People’s Republic of China,’’ dated March 1, 2011. VerDate Mar<15>2010 18:34 Apr 13, 2011 Jkt 223001 20951 Statutory Time Limits DEPARTMENT OF COMMERCE Section 751(a)(3)(A) of the Act requires the Department to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested. Consistent with section 751(a)(3)(A) of the Act, the Department may extend the 245-day period to 365 days if it is not practicable to complete the review within a 245-day period. International Trade Administration Extension of Time Limit of Preliminary Results The preliminary results are currently due on June 2, 2011. The nonresponsiveness of one of the initial mandatory respondents, Weixi, and the selection of an additional mandatory respondent, NKS, restricted the time that the Department has available to gather and analyze additional information related to the sales process, affiliations, establishing the proper date of sale, surrogate values for all factors of production, and the methodology used to report factors of production. As the Department has yet to receive all responses to its supplemental questionnaires, we require more time to analyze the responses and issue any additional supplemental questionnaires, as needed. Therefore, we find that it is not practicable to complete these preliminary results within the current 245 day deadline. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time limit for issuing the preliminary results by 120 days until September 30, 2011. The final results continue to be due 120 days after the publication of the preliminary results. This notice is published pursuant to section 777(i)(1) of the Act and 19 CFR 351.213(h)(2). Dated: April 7, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–9114 Filed 4–13–11; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 [A–428–840] Lightweight Thermal Paper from Germany: Notice of Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: DATES: Effective Date: April 14, 2011. 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: Background On November 1, 2010, the Department of Commerce (the Department) published in the Federal Register a notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on lightweight thermal paper (thermal paper) from Germany for the period of review (POR) November 1, 2009, through October 31, 2010. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 75 FR 67079 (November 1, 2010). On November 30, 2010, the Department received a timely request filed on behalf of Appleton Papers Inc. (petitioner) to conduct an administrative review of Mitsubishi HiTec Paper Flensburg GmbH, Mitsubishi HiTec Paper Bielefeld GmbH, and Mitsubishi International Corp. (collectively, Mitsubishi), and Papierfabrik August Koehler AG (Koehler). On November 30, 2010, the Department also received a request filed on behalf of Koehler to conduct an administrative review of Koehler. Pursuant to the aforementioned requests, the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on thermal paper from Germany, covering two respondents, Mitsubishi and Koehler. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 75 FR 81565 (December 28, 2010) (Notice of Initiation). E:\FR\FM\14APN1.SGM 14APN1 20952 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices Scope of the Order The merchandise covered by this order 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; 1 with or without a base coat 2 on one or both sides; with thermal active coating(s) 3 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; 4 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 these orders may be classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 3703.10.60, 4811.59.20, 4811.90.8020, 4811.90.8040, 4811.90.9010, 4811.90.9090, 4820.10.20, and 4823.40.00.5 Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive. Partial Rescission of the 2009–2010 Administrative Review mstockstill on DSKH9S0YB1PROD with NOTICES On March 28, 2011, petitioner withdrew its request for review of Mitsubishi. Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a 1 Thermal paper 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. 2 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. 3 A thermal active coating is typically made of sensitizer, dye, and co-reactant. 4 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. 5 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). See Memorandum to the File, dated February 9, 2011, regarding the addition of HTSUS numbers: 4811.90.8020 and 4811.90.9010, per the request of the National Import Specialist of Customs and Border Protection. VerDate Mar<15>2010 18:34 Apr 13, 2011 Jkt 223001 review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. The instant review was initiated on December 28, 2010. See Notice of Initiation. The petitioner’s withdrawal of request for a review of Mitsubishi falls within the 90-day deadline for rescission by the Department, and no other party requested an administrative review of this particular respondent. Therefore, in accordance with 19 CFR 351.213(d)(1), and consistent with our practice, we are rescinding this review with respect to Mitsubishi. See, e.g., Certain Lined Paper Products From India: Notice of Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009). The instant review will continue with respect to Koehler. Notification to Importers This notice serves as a 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. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under an 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 sanctionable violation. We have been enjoined from liquidating entries of the subject merchandise produced and/or exported by Mitsubishi. Therefore, we do not intend to issue liquidation instructions to U.S. Customs and Border Protection (CBP) for such entries entered on or after November 1, 2009, until such time as the preliminary injunction issued on March 17, 2009, is lifted. This notice is issued and published in accordance with sections 751(a)(1), 751(a)(3)(A), and 777(i)(1) of the Tariff PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: April 8, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–9110 Filed 4–13–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before May 4, 2011. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 11–019. Applicant: University of Wyoming, 1000 East University Avenue Laramie, WY 82072. Instrument: Electron Microscope. Manufacturer: Hitachi HighTechnologies Corporation, Japan. Intended Use: The instrument will be used to examine animal tissues to diagnose diseases, especially those caused by viral infections. For some diseases, electron microscopy provides the most accurate and timely method of arriving at a presumptive or definitive diagnosis. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: March 11, 2011. Docket Number: 11–020. Applicant: U.S. Department of Agriculture, Agricultural Research Service. 10300 Baltimore Ave Beltsville, MD 20705. Instrument: Electron Microscope. Manufacturer: Hitachi HighTechnologies Corporation, Japan. Intended Use: The instrument will be used to identify and characterize new viruses, bacteria, fungi, parasites, and plant and animal cell structures. Standard electron microscopy E:\FR\FM\14APN1.SGM 14APN1

Agencies

[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Pages 20951-20952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9110]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840]


Lightweight Thermal Paper from Germany: Notice of Partial 
Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: April 14, 2011.

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:

Background

    On November 1, 2010, the Department of Commerce (the Department) 
published in the Federal Register a notice of ``Opportunity to Request 
Administrative Review'' of the antidumping duty order on lightweight 
thermal paper (thermal paper) from Germany for the period of review 
(POR) November 1, 2009, through October 31, 2010. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Opportunity To Request Administrative Review, 75 FR 67079 (November 1, 
2010).
    On November 30, 2010, the Department received a timely request 
filed on behalf of Appleton Papers Inc. (petitioner) to conduct an 
administrative review of Mitsubishi HiTec Paper Flensburg GmbH, 
Mitsubishi HiTec Paper Bielefeld GmbH, and Mitsubishi International 
Corp. (collectively, Mitsubishi), and Papierfabrik August Koehler AG 
(Koehler). On November 30, 2010, the Department also received a request 
filed on behalf of Koehler to conduct an administrative review of 
Koehler.
    Pursuant to the aforementioned requests, the Department published 
in the Federal Register a notice of initiation of an administrative 
review of the antidumping duty order on thermal paper from Germany, 
covering two respondents, Mitsubishi and Koehler. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Request 
for Revocation in Part, 75 FR 81565 (December 28, 2010) (Notice of 
Initiation).

[[Page 20952]]

Scope of the Order

    The merchandise covered by this order 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; \1\ with or without a base coat 
\2\ on one or both sides; with thermal active coating(s) \3\ 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; \4\ 
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 these orders may be 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheadings 3703.10.60, 4811.59.20, 4811.90.8020, 
4811.90.8040, 4811.90.9010, 4811.90.9090, 4820.10.20, and 
4823.40.00.\5\ Although HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of these 
orders is dispositive.
---------------------------------------------------------------------------

    \1\ Thermal paper 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.
    \2\ 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.
    \3\ A thermal active coating is typically made of sensitizer, 
dye, and co-reactant.
    \4\ 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.
    \5\ 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). See Memorandum to 
the File, dated February 9, 2011, regarding the addition of HTSUS 
numbers: 4811.90.8020 and 4811.90.9010, per the request of the 
National Import Specialist of Customs and Border Protection.
---------------------------------------------------------------------------

Partial Rescission of the 2009-2010 Administrative Review

    On March 28, 2011, petitioner withdrew its request for review of 
Mitsubishi. Pursuant to 19 CFR 351.213(d)(1), the Secretary will 
rescind an administrative review, in whole or in part, if the parties 
that requested a review withdraw the request within 90 days of the date 
of publication of the notice of initiation of the requested review. The 
instant review was initiated on December 28, 2010. See Notice of 
Initiation. The petitioner's withdrawal of request for a review of 
Mitsubishi falls within the 90-day deadline for rescission by the 
Department, and no other party requested an administrative review of 
this particular respondent. Therefore, in accordance with 19 CFR 
351.213(d)(1), and consistent with our practice, we are rescinding this 
review with respect to Mitsubishi. See, e.g., Certain Lined Paper 
Products From India: Notice of Partial Rescission of Antidumping Duty 
Administrative Review and Extension of Time Limit for the Preliminary 
Results of Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 
2009). The instant review will continue with respect to Koehler.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR Sec.  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.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
an 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 sanctionable violation.
    We have been enjoined from liquidating entries of the subject 
merchandise produced and/or exported by Mitsubishi. Therefore, we do 
not intend to issue liquidation instructions to U.S. Customs and Border 
Protection (CBP) for such entries entered on or after November 1, 2009, 
until such time as the preliminary injunction issued on March 17, 2009, 
is lifted.
    This notice is issued and published in accordance with sections 
751(a)(1), 751(a)(3)(A), and 777(i)(1) of the Tariff Act of 1930, as 
amended, and 19 CFR 351.213(d)(4).

    Dated: April 8, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-9110 Filed 4-13-11; 8:45 am]
BILLING CODE 3510-DS-P
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