Lightweight Thermal Paper From Germany: Notice of Final Results of the First Antidumping Duty Administrative Review, 22078-22080 [2011-9574]
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22078
Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices
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Maximum Loan Amount Available for
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at the Administrator’s discretion, to
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amended by Executive Order 13258.
SUMMARY:
Dated: March 28, 2011.
Judith A. Canales,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. 2011–9480 Filed 4–19–11; 8:45 am]
srobinson on DSKHWCL6B1PROD with NOTICES
BILLING CODE 3410–XY–P
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DATE AND TIME:
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17:52 Apr 19, 2011
Persons interested in obtaining more
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Meeting of the National Advisory
Council on Innovation and
Entrepreneurship
U.S. Department of Commerce.
Notice of an open conference
AGENCY:
ACTION:
call.
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public via listen only conference call.
The Council was chartered on
November 10, 2009, to advise the
Secretary of Commerce on matters
relating to innovation and
entrepreneurship in the United States.
DATES: May 3, 2011.
Time: 2 p.m.–3 p.m. (EST)
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of the public may submit pertinent
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submitted to Bilal Mahmood at the
contact information indicated below.
Copies of Board meeting minutes will
be available within 90 days of the
meeting.
FOR FURTHER INFORMATION CONTACT: Bilal
Mahmood, Office of Innovation and
Entrepreneurship, Room 7019, 1401
Constitution Avenue, NW., Washington,
DC, 20230, telephone: 202–482–3688, email: bmahmood@eda.doc.gov. Please
reference, ‘‘NACIE May 3, 2011’’ in the
subject line of your e-mail.
SUMMARY:
Dated: April 14, 2011.
Paul J. Corson,
Office of Innovation and Entrepreneurship,
U.S. Department of Commerce.
[FR Doc. 2011–9482 Filed 4–19–11; 8:45 am]
BILLING CODE 3510–03–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–840]
Lightweight Thermal Paper From
Germany: Notice of Final Results of
the First Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
[FR Doc. 2011–9714 Filed 4–18–11; 4:15 pm]
BILLING CODE 8610–01–P
DEPARTMENT OF COMMERCE
E:\FR\FM\20APN1.SGM
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Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices
On December 23, 2009, the
Department of Commerce (‘‘the
Department’’) published the notice of
initiation of this antidumping duty
administrative review naming
Mitsubishi HiTec Paper Flensburg
GmbH, Mitsubishi HiTec Paper
Bielefeld GmbH and Mitsubishi
International Corporation (‘‘collectively,
Mitsubishi’’) and Papierfabrik August
Koehler AG (‘‘Koehler’’) as respondents.
As a result of petitioner’s withdrawal of
its request for review, we rescinded this
review, in part, with respect to
Mitsubishi.1 On December 14, 2010, the
Department published the preliminary
results of the first administrative review
for the antidumping duty order on
lightweight thermal paper from
Germany.2 The review covers one
manufacturer/exporter: Koehler. The
period of review (POR) is November 20,
2008, through October 31, 2009.
As a result of our analysis of the
comments received, the final results
differ from the preliminary results for
Koehler. The final weighted-average
dumping margin for this company is
listed below in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Effective Date: April 20, 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 and (202)
482–1167, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On August 16, 2010, the Department
published the preliminary results of the
first administrative review of the
antidumping duty order on lightweight
thermal paper from Germany. See
Preliminary Results.
Petitioner submitted a case brief on
January 27, 2011. Koehler submitted a
rebuttal brief on February 4, 2011.3
Scope of the Order
srobinson on DSKHWCL6B1PROD with NOTICES
The scope of this order includes
certain lightweight thermal paper,
which is thermal paper with a basis
1 See Lightweight Thermal Paper from Germany:
Notice of Partial Rescission of Antidumping Duty
Administrative Review, 75 FR 11135 (March 10,
2010).
2 See Lightweight Thermal Paper From Germany:
Notice of Preliminary Results of Antidumping Duty
Administrative Review, 75 FR 77831 (December 14,
2010) (‘‘Preliminary Results’’).
3 Koehler submitted a timely rebuttal brief on
February 3, 2011; however, the Department rejected
this brief because it contained new factual
information.
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17:52 Apr 19, 2011
Jkt 223001
weight of 70 grams per square meter (g/
m2) (with a tolerance of ± 4.0 g/m2) or
less; irrespective of dimensions; 4 with
or without a base coat 5 on one or both
sides; with thermal active coating(s) 6 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; 7 and
without an adhesive backing. Certain
lightweight thermal paper is typically
(but not exclusively) used in point-ofsale applications such as ATM receipts,
credit card receipts, gas pump receipts,
and retail store receipts. The
merchandise subject to this order 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
4823.40.00.8 Although HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum,
dated concurrent with this notice and
which is hereby adopted by this notice.
A list of the issues which parties have
raised, and to which we have responded
in the Issues and Decision
Memorandum, is attached to this notice
as an Appendix. In addition, a complete
version of the Issues and Decision
4 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.
5 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.
6 A thermal active coating is typically made of
sensitizer, dye, and co-reactant.
7 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.
8 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.
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22079
Memorandum can be accessed directly
on the Web at https://ia.ita.doc.gov/frn/
, and is on file in the Central Records
Unit, main Commerce Building, Room
7046. The paper copy and electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes From the Preliminary Results
As a result of the Department’s
analysis of comments received, we have
made a certain change to the
calculations of the company-specific
weighted-average margin for Koehler.
Specifically, we have revised our
treatment of the monthly rebates
reported in the field REBATE1H. In the
Preliminary Results, the Department
preliminarily accepted these rebates.
However, based upon further review of
the information on the record and the
comments received, we find that the
monthly rebates (‘‘monatsbonus’’)
reported by Koehler are not supported
by record evidence. Accordingly, we
have disallowed the monthly rebates
reported in field REBATE1H, for these
final results. See the Issues and Decision
Memorandum, dated April 13, 2011.
Final Results of Review
We determine that the following
weighted-average margins exist for the
period November 20, 2008, through
October 31, 2009:
Manufacturer/exporter
Papierfabrik August
Koehler AG ...............
Weighted-average
margin (percent)
3.77
Duty Assessment
We have been enjoined from
liquidating entries of the subject
merchandise produced and exported by
Koehler. Therefore, we do not intend to
issue liquidation instructions to U.S.
Customs and Border Protection (CBP)
for such entries covered by this
administrative review, until the
preliminary injunction issued on
February 5, 2009, is lifted.
Upon lifting of the injunction, the
Department shall determine and CBP
shall assess antidumping duties on all
appropriate entries. Pursuant to 19 CFR
351.212(b)(1), the Department calculates
an assessment rate for each importer of
the subject merchandise for each
respondent. If any importer-specific
assessment rates calculated in the final
results are above de minimis (i.e., at or
above 0.5 percent), the Department will
issue appraisement instructions directly
to CBP to assess antidumping duties on
appropriate entries.
To determine whether the duty
assessment rates covering the period
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22080
Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
were de minimis, in accordance with
the requirement set forth in 19 CFR
351.106(c)(2), for each respondent we
calculated importer (or customer)specific ad valorem rates by aggregating
the dumping margins calculated for all
U.S. sales to that importer or customer
and dividing this amount by the total
entered value of the sales to that
importer (or customer). Where an
importer (or customer)-specific ad
valorem rate is greater than de minimis,
and the respondent has reported reliable
entered values, we apply the assessment
rate to the entered value of the
importer’s/customer’s entries during the
review period. Where an importer (or
customer)- specific ad valorem rate is
greater than de minimis and we do not
have reliable entered values, we
calculate a per-unit assessment rate by
aggregating the dumping duties due for
all U.S. sales to each importer (or
customer) and dividing this amount by
the total quantity sold to that importer
(or customer).
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). This
clarification will apply to entries of
subject merchandise during the POR
produced by the respondent for which
it did not know its merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following antidumping duty
deposit rates will be effective upon
publication of the final results of this
administrative review for all shipments
of lightweight thermal paper from
Germany entered, or withdrawn from
warehouse, for consumption on or after
the publication date of these final
results, as provided for by section
751(a)(1) of the Tariff Act of 1930, as
amended (the Act): (1) If the exporter is
not a firm covered in this review, but
was covered in a previous review or the
original less-than-fair-value (LTFV)
investigation, the cash deposit rate will
continue to be the company-specific rate
established for the most recent period;
(2) if the exporter is not a firm covered
in this review, a prior review, or the
LTFV investigation, but the
manufacturer is, the cash deposit rate
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17:52 Apr 19, 2011
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will be the rate established for the most
recent period for the manufacturer of
the subject merchandise; and (3) if
neither the exporter nor the
manufacturer is a firm covered by this
review, a prior review, or the LTFV
investigation, the cash deposit rate will
be 6.50 percent, the all-others rate
established in the LTFV investigation.
See Antidumping Duty Orders:
Lightweight Thermal Paper from
Germany and the People’s Republic of
China, 73 FR 70959 (November 24,
2008). These cash deposit requirements
shall remain in effect until further
notice.
Comment 3: Whether the Department
Should Disallow Certain Post-Sale Price
Adjustments Reported in the
REBATE1H Field.
Comment 4: Whether the Department
Should Reallocate Monthly Rebates
(REBATE1H) on a Customer-Specific
Basis.
[FR Doc. 2011–9574 Filed 4–19–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notification to Importers
RIN 0648–XA377
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
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 and/or
countervailing duties occurred and the
subsequent increase in antidumping
duties by the amount of antidumping
and/or countervailing duties
reimbursed.
New England Fishery Management
Council; Public Meeting
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(5). 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.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: April 13, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
List of Comments in the Issues and
Decision Memorandum
Comment 1: Whether Koehler’s Sales
of the KT 48 F20 Product in Germany
Constituted a Fictitious Market.
Comment 2: Whether Koehler’s Home
Market Sales of the KT 48 F20 Product
Were Outside the Ordinary Course of
Trade.
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Scallop Advisory Panel in May, 2011 to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
SUMMARY:
This meeting will be held on
Thursday, May 5, 2011 at 8 a.m.
ADDRESSES: This meeting will be held at
the Radisson Hotel, 180 Water Street,
Plymouth, MA 02360; telephone: (508)
747–4900; fax: (508) 747–8937.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION: The
advisors will discuss recommendations
for alternatives being developed in
Framework 23 to the Scallop Fishery
Management Plan (FMP). Framework 23
is considering alternatives to potentially
require a turtle excluder dredge, revise
the yellowtail flounder accountability
measures (AMs) proposed in
Amendment 15, and possibly modify
the limited access general category
management program for the Northern
Gulf of Maine (NGOM) area. The action
may also include measures to develop
alternatives to modify the current vessel
monitoring system (VMS) regulations to
improve scallop fleet operations (e.g.
how days-at-sea are charged and how a
DATES:
E:\FR\FM\20APN1.SGM
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Agencies
[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Notices]
[Pages 22078-22080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9574]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-840]
Lightweight Thermal Paper From Germany: Notice of Final Results
of the First Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 22079]]
SUMMARY: On December 23, 2009, the Department of Commerce (``the
Department'') published the notice of initiation of this antidumping
duty administrative review naming Mitsubishi HiTec Paper Flensburg
GmbH, Mitsubishi HiTec Paper Bielefeld GmbH and Mitsubishi
International Corporation (``collectively, Mitsubishi'') and
Papierfabrik August Koehler AG (``Koehler'') as respondents. As a
result of petitioner's withdrawal of its request for review, we
rescinded this review, in part, with respect to Mitsubishi.\1\ On
December 14, 2010, the Department published the preliminary results of
the first administrative review for the antidumping duty order on
lightweight thermal paper from Germany.\2\ The review covers one
manufacturer/exporter: Koehler. The period of review (POR) is November
20, 2008, through October 31, 2009.
---------------------------------------------------------------------------
\1\ See Lightweight Thermal Paper from Germany: Notice of
Partial Rescission of Antidumping Duty Administrative Review, 75 FR
11135 (March 10, 2010).
\2\ See Lightweight Thermal Paper From Germany: Notice of
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
77831 (December 14, 2010) (``Preliminary Results'').
---------------------------------------------------------------------------
As a result of our analysis of the comments received, the final
results differ from the preliminary results for Koehler. The final
weighted-average dumping margin for this company is listed below in the
``Final Results of Review'' section of this notice.
DATES: Effective Date: April 20, 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 and (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2010, the Department published the preliminary
results of the first administrative review of the antidumping duty
order on lightweight thermal paper from Germany. See Preliminary
Results.
Petitioner submitted a case brief on January 27, 2011. Koehler
submitted a rebuttal brief on February 4, 2011.\3\
---------------------------------------------------------------------------
\3\ Koehler submitted a timely rebuttal brief on February 3,
2011; however, the Department rejected this brief because it
contained new factual information.
---------------------------------------------------------------------------
Scope of the Order
The scope of 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; \4\ with or without a base coat \5\ on one
or both sides; with thermal active coating(s) \6\ 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; \7\ 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 order 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.\8\ Although
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this order is dispositive.
---------------------------------------------------------------------------
\4\ 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.
\5\ 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.
\6\ A thermal active coating is typically made of sensitizer,
dye, and co-reactant.
\7\ 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.
\8\ 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.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum, dated concurrent with this notice and which is hereby
adopted by this notice. A list of the issues which parties have raised,
and to which we have responded in the Issues and Decision Memorandum,
is attached to this notice as an Appendix. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Web at https://ia.ita.doc.gov/frn/, and is on file in the Central
Records Unit, main Commerce Building, Room 7046. The paper copy and
electronic version of the Issues and Decision Memorandum are identical
in content.
Changes From the Preliminary Results
As a result of the Department's analysis of comments received, we
have made a certain change to the calculations of the company-specific
weighted-average margin for Koehler. Specifically, we have revised our
treatment of the monthly rebates reported in the field REBATE1H. In the
Preliminary Results, the Department preliminarily accepted these
rebates. However, based upon further review of the information on the
record and the comments received, we find that the monthly rebates
(``monatsbonus'') reported by Koehler are not supported by record
evidence. Accordingly, we have disallowed the monthly rebates reported
in field REBATE1H, for these final results. See the Issues and Decision
Memorandum, dated April 13, 2011.
Final Results of Review
We determine that the following weighted-average margins exist for
the period November 20, 2008, through October 31, 2009:
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter margin (percent)
------------------------------------------------------------------------
Papierfabrik August Koehler AG...................... 3.77
------------------------------------------------------------------------
Duty Assessment
We have been enjoined from liquidating entries of the subject
merchandise produced and exported by Koehler. Therefore, we do not
intend to issue liquidation instructions to U.S. Customs and Border
Protection (CBP) for such entries covered by this administrative
review, until the preliminary injunction issued on February 5, 2009, is
lifted.
Upon lifting of the injunction, the Department shall determine and
CBP shall assess antidumping duties on all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1), the Department calculates an
assessment rate for each importer of the subject merchandise for each
respondent. If any importer-specific assessment rates calculated in the
final results are above de minimis (i.e., at or above 0.5 percent), the
Department will issue appraisement instructions directly to CBP to
assess antidumping duties on appropriate entries.
To determine whether the duty assessment rates covering the period
[[Page 22080]]
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), for each respondent we calculated importer (or
customer)-specific ad valorem rates by aggregating the dumping margins
calculated for all U.S. sales to that importer or customer and dividing
this amount by the total entered value of the sales to that importer
(or customer). Where an importer (or customer)-specific ad valorem rate
is greater than de minimis, and the respondent has reported reliable
entered values, we apply the assessment rate to the entered value of
the importer's/customer's entries during the review period. Where an
importer (or customer)- specific ad valorem rate is greater than de
minimis and we do not have reliable entered values, we calculate a per-
unit assessment rate by aggregating the dumping duties due for all U.S.
sales to each importer (or customer) and dividing this amount by the
total quantity sold to that importer (or customer).
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). This
clarification will apply to entries of subject merchandise during the
POR produced by the respondent for which it did not know its
merchandise was destined for the United States. In such instances, we
will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction. For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following antidumping duty deposit rates will be effective upon
publication of the final results of this administrative review for all
shipments of lightweight thermal paper from Germany entered, or
withdrawn from warehouse, for consumption on or after the publication
date of these final results, as provided for by section 751(a)(1) of
the Tariff Act of 1930, as amended (the Act): (1) If the exporter is
not a firm covered in this review, but was covered in a previous review
or the original less-than-fair-value (LTFV) investigation, the cash
deposit rate will continue to be the company-specific rate established
for the most recent period; (2) if the exporter is not a firm covered
in this review, a prior review, or the LTFV investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the subject merchandise;
and (3) if neither the exporter nor the manufacturer is a firm covered
by this review, a prior review, or the LTFV investigation, the cash
deposit rate will be 6.50 percent, the all-others rate established in
the LTFV investigation. See Antidumping Duty Orders: Lightweight
Thermal Paper from Germany and the People's Republic of China, 73 FR
70959 (November 24, 2008). These cash deposit requirements shall remain
in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(5). 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.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 13, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Issues and Decision Memorandum
Comment 1: Whether Koehler's Sales of the KT 48 F20 Product in
Germany Constituted a Fictitious Market.
Comment 2: Whether Koehler's Home Market Sales of the KT 48 F20
Product Were Outside the Ordinary Course of Trade.
Comment 3: Whether the Department Should Disallow Certain Post-Sale
Price Adjustments Reported in the REBATE1H Field.
Comment 4: Whether the Department Should Reallocate Monthly Rebates
(REBATE1H) on a Customer-Specific Basis.
[FR Doc. 2011-9574 Filed 4-19-11; 8:45 am]
BILLING CODE 3510-DS-P