Lightweight Thermal Paper From Germany: Notice of Final Results of the 2009-2010 Antidumping Duty Administrative Review, 21082-21084 [2012-8477]

Download as PDF 21082 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Notices Camille Evans at Camille.Evans@trade.gov or (202) 482– 2350. DEPARTMENT OF COMMERCE Foreign-Trade Zones Board International Trade Administration [A–428–840] Dated: April 2, 2012. Elizabeth Whiteman, Acting Executive Secretary. [Docket 7–2012] Epson Portland, Inc.—Expansion of Manufacturing Authority; Reopening of Comment Period [FR Doc. 2012–8486 Filed 4–6–12; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Dockets 60, 61 and 62–2011] Foreign-Trade Zones 140 and 78, Applications for Subzone Authority Dow Corning Corporation, Hemlock Semiconductor Corporation, and Hemlock Semiconductor, L.L.C.; Reopening of Rebuttal Periods The rebuttal periods for the applications for subzone authority at the Dow Corning Corporation facility in Midland, Michigan (76 FR 63282– 63283, 10/12/2011), at the Hemlock Semiconductor Corporation facility in Hemlock, Michigan (76 FR 63282, 10/ 12/2011) and at the Hemlock Semiconductor, L.L.C. facility in Clarksville, Tennessee (76 FR 63281– 63282, 10/12/2011) are being reopened. The rebuttal comments submitted on March 13, 2012 on behalf of the companies cited above contained new factual information on which there has not been a chance for public comment. The rebuttal period for the cases referenced above is being reopened to April 24, 2012, to allow interested parties to comment on the applicants’ rebuttal submission. Submissions shall be addressed to the Board’s Executive Secretary at: Foreign-Trade Zones Board, U.S. Department of Commerce, Room 2111, 1401 Constitution Ave. NW., Washington, DC 20230. For further information, contact Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. Dated: April 3, 2012. Elizabeth Whiteman, Acting Executive Secretary. pmangrum on DSK3VPTVN1PROD with NOTICES DEPARTMENT OF COMMERCE [FR Doc. 2012–8490 Filed 4–6–12; 8:45 am] The comment period on the application by the Port of Portland, grantee of FTZ 45 to expand the scope of manufacturing authority approved within Subzone 45F, on behalf of Epson Portland, Inc. (EPI), Hillsboro, Oregon (77 FR 4006–4007, 1/26/2012), has been reopened based on a request from an interested party. The comment period for the case referenced above is being reopened to May 9, 2012, to allow interested parties additional time in which to comment. Rebuttal comments may be submitted during the subsequent 15-day period, until May 24, 2012. Submissions shall be addressed to the Board’s Executive Secretary at: ForeignTrade Zones Board, U.S. Department of Commerce, Room 2111, 1401 Constitution Avenue NW., Washington, DC 20230. For further information, contact Diane Finver at Diane.Finver@trade.gov or (202) 482–0473. Dated: April 3, 2012. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2012–8488 Filed 4–6–12; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, and Deferral of Administrative Review Correction In notice document 2012–7723 appearing on pages 19179–19190 in the issue of Friday, March 30, 2012, make the following correction: On page 19181, in the table, in the first column, in the last row under the heading ‘‘INDIA:’’, Ambica Steels Limited Mukand Ltd. BILLING CODE P should read: Ambica Steels Limited Mukand Ltd. [FR Doc. C1–2012–7723 Filed 4–6–12; 8:45 am] BILLING CODE 1505–01–D VerDate Mar<15>2010 15:11 Apr 06, 2012 Jkt 226001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Lightweight Thermal Paper From Germany: Notice of Final Results of the 2009–2010 Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 7, 2011, the Department published the preliminary results of the 2009–2010 administrative review for the antidumping duty order on lightweight thermal paper from Germany.1 The review covers one manufacturer/exporter: Koehler. The period of review (‘‘POR’’) is November 1, 2009, through October 31, 2010. As a result of our analysis of the comments received, the final results do not differ from the preliminary results. 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 9, 2012. 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: AGENCY: Comments From Interested Parties We invited parties to comment on our Preliminary Results. Koehler and petitioner submitted case briefs on January 6, 2012, and rebuttal briefs on January 20, 2012. On February 14, 2012, the Department published a final rule in the Federal Register,2 modifying its methodology for calculating the weighted-average dumping margins and antidumping duty assessment rate in administrative reviews in order to eliminate ‘‘zeroing.’’ On February 15, 2012, Koehler submitted comments regarding calculation of its final dumping margin, requesting that the Department apply the Final Rule in the instant review and also making an additional zeroing 1 See Lightweight Thermal Paper From Germany: Notice of Preliminary Results of Antidumping Duty Administrative Review, 76 FR 76360 (December 7, 2011) (‘‘Preliminary Results’’). 2 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (‘‘Final Rule’’). E:\FR\FM\09APN1.SGM 09APN1 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Notices argument that it had not raised in its case brief. On February 17, 2012, pursuant to 19 CFR 351.302(d), petitioner requested that the Department reject Koehler’s February 15, 2012, submission. On February 21, 2012, pursuant to 19 CFR 351.302(d)(1)(i), the Department rejected Koehler’s February 15, 2012, submission in its entirety because it contained an untimely filed written argument, but stated that Koehler could resubmit comments without the untimely filed zeroing argument. On February 24, 2012, Koehler refiled its comments, and on February 27, 2012, petitioner requested that the Department again reject Koehler’s refiled comments. The Department determined that Koehler’s February 24, 2012, submission did not contain untimely filed comments, and accepted the submission. The Department will not apply the Final Rule in the instant segment of the proceeding because the methodology outlined in the Final Rule applies to pending reviews when the preliminary determination is issued after April 16, 2012. The preliminary determination in the instant review was issued well before April 16, 2012. pmangrum on DSK3VPTVN1PROD with NOTICES 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/ m2) (with a tolerance of ± 4.0 g/m2) or less; irrespective of dimensions; 3 with or without a base coat 4 on one or both sides; with thermal active coating(s) 5 on one or both sides that is a mixture of the dye and the developer that react and form an image when heat is applied; with or without a top coat; 6 and without an adhesive backing. Certain lightweight thermal paper is typically (but not exclusively) used in point-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 3 LWTP is typically produced in jumbo rolls that are slit to the specifications of the converting equipment and then converted into finished slit rolls. Both jumbo and converted rolls (as well as LWTP in any other form, presentation, or dimension) are covered by the scope of these orders. 4 A base coat, when applied, is typically made of clay and/or latex and like materials and is intended to cover the rough surface of the paper substrate and to provide insulating value. 5 A thermal active coating is typically made of sensitizer, dye, and co-reactant. 6 A top coat, when applied, is typically made of polyvinyl acetone, polyvinyl alcohol, and/or like materials and is intended to provide environmental protection, an improved surface for press printing, and/or wear protection for the thermal print head. VerDate Mar<15>2010 15:11 Apr 06, 2012 Jkt 226001 Schedule of the United States (‘‘HTSUS’’) under subheadings 3703.10.60, 4811.59.20, 4811.90.8020, 4811.90.8030, 4811.90.8040, 4811.90.8050, 4811.90.9010, 4811.90.9030, 4811.90.9035, 4811.90.9050, 4811.90.9080, 4811.90.9090, 4820.1020, and 4823.4000. Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Period of Review The POR is November 1, 2009, through October 31, 2010. 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 for the Final Results of the 2009–2010 Administrative Review of the Antidumping Duty Order on Lightweight Thermal Paper from Germany,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, (‘‘Issues and Decision Memorandum’’), dated concurrently 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. The Issues and Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available in the Central Records Unit, main Commerce Building, Room 7046. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/. The signed Issues and Decision Memorandum and electronic version of the Issues and Decision Memorandum are identical in content. 21083 Manufacturer/ Exporter Weightedaverage margin (percent) final rate Papierfabrik August Koehler AG ......................................... 3.99 Duty Assessment We have been enjoined from liquidating entries of the subject merchandise produced and exported by Koehler.7 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 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 Final Results of Review We determine that the following weighted-average margin exists for the period November 1, 2009, through October 31, 2010: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 7 On February 5, 2009, the U.S. Court of International Trade (‘‘ITC’’) issued a preliminary injunction enjoining liquidation of certain entries which are subject to the antidumping duty order on lightweight thermal paper from Germany for entries entered or withdrawn from warehouse for consumption on or after November 20, 2008. Koehler was granted the injunction against liquidation as part of its suit against the ITC’s injury determination in the investigation. E:\FR\FM\09APN1.SGM 09APN1 21084 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Notices pmangrum on DSK3VPTVN1PROD with NOTICES 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 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 VerDate Mar<15>2010 15:11 Apr 06, 2012 Jkt 226001 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 2, 2012. Paul Piquado, Assistant Secretary for Import Administration. Appendix I List of Comments in the Issues and Decision Memorandum Comment 1: Whether the Language of the Statute and Governing Regulation Allows the Department’s Disallowance of Certain Post-Sale Price Adjustments Comment 2: Whether the Monatsbonus Rebate is Legitimate Comment 3: Whether the Department’s Decision Suggest That All Strategies Intended to Reduce Dumping Are ‘‘Ipso Facto Illegitimate’’ Comment 4: Whether to Recalculate Koehler’s CEP Profit [FR Doc. 2012–8477 Filed 4–6–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XB156 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Receipt of application for renewal of a scientific research and enhancement permit. AGENCY: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Notice is hereby given that NMFS has received a scientific research and enhancement permit application request relating to salmonids listed under the Endangered Species Act (ESA). The proposed research program is intended to increase knowledge of the species and to help guide management and conservation efforts. The applications and related documents may be viewed online at: https://apps.nmfs. noaa.gov/preview/preview_open_for_ comment.cfm. These documents are also available upon written request or by appointment by contacting NMFS by phone (707) 575–6097 or fax (707) 578– 3435. DATES: Written comments on the permit application must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific standard time May 9, 2012. ADDRESSES: Written comments on either application should be submitted to the Protected Resources Division, NMFS, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404. Comments may also be submitted via fax to (707) 578–3435 or by email to FRNpermits.SR@noaa.gov. FOR FURTHER INFORMATION CONTACT: Jeffrey Jahn, Santa Rosa, CA (ph.: 707– 575–6097, email.: Jeffrey.Jahn@noaa. gov). SUMMARY: SUPPLEMENTARY INFORMATION: Species Covered in This Notice This notice is relevant to federally threatened Central California Coast steelhead (Oncorhynchus mykiss), endangered Central California Coast coho salmon (O. kisutch), and threatened California Coastal Chinook salmon (O. tshawytscha). Authority Scientific research permits are issued in accordance with section 10(a)(1)(A) of the ESA of 1973 (16 U.S.C. 1531– 1543) and regulations governing listed fish and wildlife permits (50 CFR parts 222–226). NMFS issues permits based on findings that such permits: (1) Are applied for in good faith; (2) if granted and exercised, would not operate to the disadvantage of the listed species which are the subject of the permits; and (3) are consistent with the purposes and policies set forth in section 2 of the ESA. The authority to take listed species is subject to conditions set forth in the permits. Anyone requesting a hearing on the application listed in this notice should set out the specific reasons why a hearing on the application would be appropriate (see ADDRESSES). Such hearings are held at the discretion of the E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Notices]
[Pages 21082-21084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8477]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840]


Lightweight Thermal Paper From Germany: Notice of Final Results 
of the 2009-2010 Antidumping Duty Administrative Review

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

SUMMARY: On December 7, 2011, the Department published the preliminary 
results of the 2009-2010 administrative review for the antidumping duty 
order on lightweight thermal paper from Germany.\1\ The review covers 
one manufacturer/exporter: Koehler. The period of review (``POR'') is 
November 1, 2009, through October 31, 2010. As a result of our analysis 
of the comments received, the final results do not differ from the 
preliminary results. The final weighted-average dumping margin for this 
company is listed below in the ``Final Results of Review'' section of 
this notice.
---------------------------------------------------------------------------

    \1\ See Lightweight Thermal Paper From Germany: Notice of 
Preliminary Results of Antidumping Duty Administrative Review, 76 FR 
76360 (December 7, 2011) (``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: April 9, 2012.

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: 

Comments From Interested Parties

    We invited parties to comment on our Preliminary Results. Koehler 
and petitioner submitted case briefs on January 6, 2012, and rebuttal 
briefs on January 20, 2012.
    On February 14, 2012, the Department published a final rule in the 
Federal Register,\2\ modifying its methodology for calculating the 
weighted-average dumping margins and antidumping duty assessment rate 
in administrative reviews in order to eliminate ``zeroing.'' On 
February 15, 2012, Koehler submitted comments regarding calculation of 
its final dumping margin, requesting that the Department apply the 
Final Rule in the instant review and also making an additional zeroing

[[Page 21083]]

argument that it had not raised in its case brief. On February 17, 
2012, pursuant to 19 CFR 351.302(d), petitioner requested that the 
Department reject Koehler's February 15, 2012, submission. On February 
21, 2012, pursuant to 19 CFR 351.302(d)(1)(i), the Department rejected 
Koehler's February 15, 2012, submission in its entirety because it 
contained an untimely filed written argument, but stated that Koehler 
could resubmit comments without the untimely filed zeroing argument. On 
February 24, 2012, Koehler refiled its comments, and on February 27, 
2012, petitioner requested that the Department again reject Koehler's 
refiled comments. The Department determined that Koehler's February 24, 
2012, submission did not contain untimely filed comments, and accepted 
the submission. The Department will not apply the Final Rule in the 
instant segment of the proceeding because the methodology outlined in 
the Final Rule applies to pending reviews when the preliminary 
determination is issued after April 16, 2012. The preliminary 
determination in the instant review was issued well before April 16, 
2012.
---------------------------------------------------------------------------

    \2\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(``Final Rule'').
---------------------------------------------------------------------------

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; \3\ with or without a base coat \4\ on one 
or both sides; with thermal active coating(s) \5\ on one or both sides 
that is a mixture of the dye and the developer that react and form an 
image when heat is applied; with or without a top coat; \6\ and without 
an adhesive backing. Certain lightweight thermal paper is typically 
(but not exclusively) used in point-of-sale applications such as ATM 
receipts, credit card receipts, gas pump receipts, and retail store 
receipts. The merchandise subject to this 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, 4811.90.8030, 
4811.90.8040, 4811.90.8050, 4811.90.9010, 4811.90.9030, 4811.90.9035, 
4811.90.9050, 4811.90.9080, 4811.90.9090, 4820.1020, and 4823.4000. 
Although HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive.
---------------------------------------------------------------------------

    \3\ LWTP is typically produced in jumbo rolls that are slit to 
the specifications of the converting equipment and then converted 
into finished slit rolls. Both jumbo and converted rolls (as well as 
LWTP in any other form, presentation, or dimension) are covered by 
the scope of these orders.
    \4\ A base coat, when applied, is typically made of clay and/or 
latex and like materials and is intended to cover the rough surface 
of the paper substrate and to provide insulating value.
    \5\ A thermal active coating is typically made of sensitizer, 
dye, and co-reactant.
    \6\ A top coat, when applied, is typically made of polyvinyl 
acetone, polyvinyl alcohol, and/or like materials and is intended to 
provide environmental protection, an improved surface for press 
printing, and/or wear protection for the thermal print head.
---------------------------------------------------------------------------

Period of Review

    The POR is November 1, 2009, through October 31, 2010.

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 for the Final Results of the 2009-2010 Administrative Review 
of the Antidumping Duty Order on Lightweight Thermal Paper from 
Germany,'' from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Import Administration, (``Issues and Decision 
Memorandum''), dated concurrently 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. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). IA ACCESS is available in 
the Central Records Unit, main Commerce Building, Room 7046. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Web at http://ia.ita.doc.gov/frn/. The 
signed Issues and Decision Memorandum and electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Results of Review

    We determine that the following weighted-average margin exists for 
the period November 1, 2009, through October 31, 2010:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                  Manufacturer/ Exporter                       margin
                                                              (percent)
                                                             final rate
------------------------------------------------------------------------
Papierfabrik August Koehler AG............................         3.99
------------------------------------------------------------------------

Duty Assessment

    We have been enjoined from liquidating entries of the subject 
merchandise produced and exported by Koehler.\7\ 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.
---------------------------------------------------------------------------

    \7\ On February 5, 2009, the U.S. Court of International Trade 
(``ITC'') issued a preliminary injunction enjoining liquidation of 
certain entries which are subject to the antidumping duty order on 
lightweight thermal paper from Germany for entries entered or 
withdrawn from warehouse for consumption on or after November 20, 
2008. Koehler was granted the injunction against liquidation as part 
of its suit against the ITC's injury determination in the 
investigation.
---------------------------------------------------------------------------

    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 
were de minimis, in accordance with the requirement set forth in 19 CFR 
Sec.  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

[[Page 21084]]

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 Sec.  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 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum

Comment 1: Whether the Language of the Statute and Governing 
Regulation Allows the Department's Disallowance of Certain Post-Sale 
Price Adjustments
Comment 2: Whether the Monatsbonus Rebate is Legitimate
Comment 3: Whether the Department's Decision Suggest That All 
Strategies Intended to Reduce Dumping Are ``Ipso Facto 
Illegitimate''
Comment 4: Whether to Recalculate Koehler's CEP Profit

[FR Doc. 2012-8477 Filed 4-6-12; 8:45 am]
BILLING CODE 3510-DS-P