Lightweight Thermal Paper From Germany: Final Results of the First Full Sunset Review of the Antidumping Duty Order, 32218-32219 [2014-12991]

Download as PDF 32218 Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices Appeals for the Federal Circuit (‘‘CAFC’’) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (CAFC 2010) (‘‘Diamond Sawblades’’), the Department is notifying the public that the final judgment in this case is not in harmony with the Department’s final results and is amending the final results of the administrative review of certain frozen warmwater shrimp from the People’s Republic of China (‘‘PRC’’) with respect to the margin assigned to Hilltop International (‘‘Hilltop’’) covering the period of review (‘‘POR’’) February 1, 2009, through January 31, 2010.2 DATES: Effective Date: May 30, 2014. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593. SUPPLEMENTARY INFORMATION: On November 30, 2012, the CIT remanded this case to the Department for reconsideration of the Department’s selection of the primary surrogate country.3 On January 9, 2013, based on a request from the Department, the CIT determined to ‘‘permit the agency to consider new evidence concerning the question of whether Hilltop International provided false or incomplete information regarding its affiliates in the course of the fifth administrative review (‘AR5’) of this antidumping duty (‘AD’) order.’’ 4 Pursuant to the Expanded Remand Order, we reconsidered our determination in this review and found that Hilltop provided false and incomplete information regarding its affiliates and that none of its submissions could be relied upon.5 Accordingly, we found that Hilltop failed to rebut the presumption that it is part of the PRC-wide entity and applied total adverse facts available (‘‘AFA’’) to the PRC-wide entity, which includes Hilltop.6 As AFA, we applied a dumping margin of 112.81 percent, which is the highest rate from any segment of the proceeding and the current PRC-wide rate.7 On July 23, 2013, the CIT sustained our Remand I with respect to the determination that Hilltop failed to demonstrate its eligibility for a separate rate and to apply AFA to the PRC-wide entity.8 However, the CIT remanded this case to the Department to reexamine and corroborate the 112.81 percent PRCwide rate or choose a different countrywide rate that better reflects commercial reality.9 Pursuant to the Remand Order II, we reevaluated the rate applied as total AFA to the PRCwide entity and found that it continues to be reliable and have probative value.10 The CIT sustained the Department’s Remand Redetermination on May 20, 2014, making the effective date of this notice May 30, 2014.11 Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) Tariff Act of 1930, as amended (‘‘the Act’’), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s May 20, 2014, judgment sustaining the Department’s Remand Redetermination with respect to Hilltop constitutes a final decision of that court that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal, or if appealed, pending a final and conclusive court decision. The cash deposit rate will remain the rate established for the most recent period during which the PRCwide entity was reviewed.12 6 Id. tkelley on DSK3SPTVN1PROD with NOTICES 2 See Administrative Review of Certain Frozen Warmwater Shrimp From the People’s Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 76 FR 51940 (August 19, 2011) (‘‘Final Results’’). 3 See Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 11–00335, Slip Op. 12–145 (CIT November 30, 2012). 4 See Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 11–00335, Slip Op. 13–4 (CIT January 9, 2013) (‘‘Expanded Remand Order’’). 5 See Final Results Of Redetermination Pursuant To Court Remand issued by the Department of Commerce (April 1, 2013), available at https:// enforcement.trade.gov/remands/ (‘‘Remand I’’). VerDate Mar<15>2010 16:05 Jun 03, 2014 Jkt 232001 7 Id. 8 See Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 11–00335, Slip Op. 13–93 (CIT July 23, 2013). 9 See Ad Hoc Shrimp Trade Action Committee v. United States, Court No. 11–00335, Slip Op. 13–93 (CIT July 23, 2013) (‘‘Remand Order II’’). 10 See Remand Redetermination. 11 See Ad Hoc Shrimp Trade Action Committee, Court Nos. 10–00275 and 11–00335, Slip Op. 14– 55 (CIT May 20, 2014). 12 See Certain Frozen Warmwater Shrimp From the People’s Republic of China: Final Results of Administrative Review; 2011–2012, 78 FR 56209 (September 12, 2013). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Amended Final Results Because there is now a final court decision, we are amending the Final Results with respect to Hilltop’s margin for the period February 1, 2009, through January 31, 2010. The revised weightedaverage dumping margin is as follows: Exporter Percent margin PRC-Wide Entity 13 ..................... 112.81 In the event the CIT’s ruling is not appealed, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries during the POR of the subject merchandise exported by Hilltop using the revised assessment rate calculated by the Department in the Remand Redetermination. This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: May 29, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–12995 Filed 6–3–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–840] Lightweight Thermal Paper From Germany: Final Results of the First Full Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 10, 2014, the Department of Commerce (the Department) issued the preliminary results of the first full five-year (sunset) review of the antidumping duty (AD) order on lightweight thermal paper from Germany.1 We received comments from interested parties on our Preliminary Results. As a result of our analysis, the Department finds that revocation of the AD order would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final AGENCY: 13 The PRC-wide entity includes Hilltop International. 1 See Lightweight Thermal Paper From Germany: Preliminary Results of the First Full Sunset Review of the Antidumping Duty Order, 79 FR 7644 (February 10, 2014) (Preliminary Results), and accompanying Issues and Decision Memorandum (Preliminary Decision Memorandum). E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices Analysis of Comments Received Results of Sunset Review’’ section of this notice. Effective Date: June 4, 2014. FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, Office II, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4136. SUPPLEMENTARY INFORMATION: DATES: Background On February 10, 2014, the Department published the Preliminary Results. We preliminarily found that dumping was likely to continue or recur if the AD order were revoked, and determined to report to the International Trade Commission (ITC) the rates calculated in the LTFV Final 2 as the margins of dumping likely to prevail. We invited interested parties to comment on the Preliminary Results. We received case briefs from Appvion, Inc. (Appvion 3), a domestic manufacturer of lightweight thermal paper, and Papierfabrik August Koehler SE (Koehler), a German producer/ exporter of lightweight thermal paper, on April 1, 2014, and rebuttal briefs from these parties on April 11, 2014. Scope of the Order tkelley on DSK3SPTVN1PROD with NOTICES The merchandise covered by the order is lightweight thermal paper. The merchandise subject to the order is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 3703.10.60, 4811.59.20, 4811.90.8000, 4811.90.8030, 4811.90.8040, 4811.90.8050, 4811.90.9000, 4811.90.9030, 4811.90.9035, 4811.90.9050, 4811.90.9080, 4811.90.9090, 4820.10.20, and 4823.40.00. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. For a full description of the scope, see ‘‘Final Results Issues and Decision Memorandum for the Full Sunset Review of the Antidumping Duty (AD) Order on Lightweight Thermal Paper from Germany,’’ dated concurrently with this notice (Decision Memorandum). 2 See Lightweight Thermal Paper from Germany: Notice of Final Determination of Sales at Less Than Fair Value, 73 FR 57326, 57328 (October 2, 2008) (LTFV Final). 3 Appvion (formerly Appleton Papers) was the petitioner in the original investigation of lightweight thermal paper from Germany. See LTFV Final. VerDate Mar<15>2010 16:05 Jun 03, 2014 Jkt 232001 All issues raised in this review are addressed in the Decision Memorandum, dated concurrently with this final notice, which is hereby adopted by this notice. The issues discussed in the accompanying Decision Memorandum include the likelihood of the continuation of dumping and the magnitude of the margins likely to prevail. The Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov. The Decision Memorandum is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Decision Memorandum are identical in content. 32219 Dated: May 28, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–12991 Filed 6–3–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] Certain Preserved Mushrooms From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of the Antidumping Duty Administrative Review; 2010–2011 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 19, 2014, the United States Court of International Trade (the Court) issued final judgment in Blue Field (Sichuan) Food Indus. Co., Ltd. v. United States, Court No. 12–00320, sustaining the Department of Commerce’s (the Department) final results of redetermination pursuant to Final Results of Sunset Review remand.1 In the Remand Results, under protest, the Department recalculated the We determine that revocation of the surrogate values for rice straw and cow AD order on lightweight thermal paper manure reported by Blue Field from Germany would be likely to lead (Sichuan) Food Indus. Co., Ltd. (Blue to continuation or recurrence of Field).2 Consistent with the decision of dumping at the following weightedthe United States Court of Appeals for average margins: the Federal Circuit (Federal Circuit) in Timken Co. v. United States, 893 F.2d Margin Manufacturer/exporter 337 (Fed. Cir. 1990) (Timken), as (percent) clarified by Diamond Sawblades Mfrs. Koehler ....................................... 6.50 Coalition v. United States, 626 F.3d All Others .................................... 6.50 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this Notification to Interested Parties case is not in harmony with the Department’s final results of the This notice also serves as the only antidumping duty administrative review reminder to parties subject to an administrative protective order (APO) of of certain preserved mushrooms from the People’s Republic of China covering their responsibility concerning the the period February 1, 2010, through return or destruction of proprietary January 31, 2011, and is amending the information disclosed under APO in final results with respect to the accordance with 19 CFR 351.305. weighted-average dumping margin Timely notification of the return or assigned to Blue Field.3 destruction of APO materials or conversion to judicial protective order is 1 See Final Results of Redetermination Pursuant hereby requested. Failure to comply to Court Remand, Certain Preserved Mushrooms with the regulations and terms of an from the People’s Republic of China, Blue Field (Sichuan) Food Indus. Co., Ltd. v. United States, APO is a violation which is subject to Court No. 12–00320; Slip Op. 13–142 (CIT sanction. November 14, 2013), dated March 18, 2014 (Remand Results), available at https:// We are issuing and publishing the final results of this full sunset review in enforcement.trade.gov/remands/index.htm. 2 See generally Remand Results. accordance with sections 751(c)(5)(A), 3 See Certain Preserved Mushrooms from the 752(c), and 777(i) of the Tariff Act of People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 1930, as amended, and 19 CFR 55808 (September 11, 2012) (Final Results), and 351.218(f)(3). PO 00000 AGENCY: accompanying Issues and Decision Memorandum. Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32218-32219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12991]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840]


Lightweight Thermal Paper From Germany: Final Results of the 
First Full Sunset Review of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On February 10, 2014, the Department of Commerce (the 
Department) issued the preliminary results of the first full five-year 
(sunset) review of the antidumping duty (AD) order on lightweight 
thermal paper from Germany.\1\ We received comments from interested 
parties on our Preliminary Results. As a result of our analysis, the 
Department finds that revocation of the AD order would be likely to 
lead to continuation or recurrence of dumping at the levels indicated 
in the ``Final

[[Page 32219]]

Results of Sunset Review'' section of this notice.
---------------------------------------------------------------------------

    \1\ See Lightweight Thermal Paper From Germany: Preliminary 
Results of the First Full Sunset Review of the Antidumping Duty 
Order, 79 FR 7644 (February 10, 2014) (Preliminary Results), and 
accompanying Issues and Decision Memorandum (Preliminary Decision 
Memorandum).

---------------------------------------------------------------------------
DATES: Effective Date: June 4, 2014.

FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, 
Office II, Enforcement and Compliance, U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230; 
telephone: (202) 482-4136.

SUPPLEMENTARY INFORMATION: 

Background

    On February 10, 2014, the Department published the Preliminary 
Results. We preliminarily found that dumping was likely to continue or 
recur if the AD order were revoked, and determined to report to the 
International Trade Commission (ITC) the rates calculated in the LTFV 
Final \2\ as the margins of dumping likely to prevail.
---------------------------------------------------------------------------

    \2\ See Lightweight Thermal Paper from Germany: Notice of Final 
Determination of Sales at Less Than Fair Value, 73 FR 57326, 57328 
(October 2, 2008) (LTFV Final).
---------------------------------------------------------------------------

    We invited interested parties to comment on the Preliminary 
Results. We received case briefs from Appvion, Inc. (Appvion \3\), a 
domestic manufacturer of lightweight thermal paper, and Papierfabrik 
August Koehler SE (Koehler), a German producer/exporter of lightweight 
thermal paper, on April 1, 2014, and rebuttal briefs from these parties 
on April 11, 2014.
---------------------------------------------------------------------------

    \3\ Appvion (formerly Appleton Papers) was the petitioner in the 
original investigation of lightweight thermal paper from Germany. 
See LTFV Final.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is lightweight thermal paper. 
The merchandise subject to the order is currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 3703.10.60, 4811.59.20, 4811.90.8000, 4811.90.8030, 
4811.90.8040, 4811.90.8050, 4811.90.9000, 4811.90.9030, 4811.90.9035, 
4811.90.9050, 4811.90.9080, 4811.90.9090, 4820.10.20, and 4823.40.00. 
While the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.
    For a full description of the scope, see ``Final Results Issues and 
Decision Memorandum for the Full Sunset Review of the Antidumping Duty 
(AD) Order on Lightweight Thermal Paper from Germany,'' dated 
concurrently with this notice (Decision Memorandum).

Analysis of Comments Received

    All issues raised in this review are addressed in the Decision 
Memorandum, dated concurrently with this final notice, which is hereby 
adopted by this notice. The issues discussed in the accompanying 
Decision Memorandum include the likelihood of the continuation of 
dumping and the magnitude of the margins likely to prevail. The 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at https://iaaccess.trade.gov. The 
Decision Memorandum is available to all parties in the Central Records 
Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly at https://enforcement.trade.gov/frn/. The signed and 
electronic versions of the Decision Memorandum are identical in 
content.

Final Results of Sunset Review

    We determine that revocation of the AD order on lightweight thermal 
paper from Germany would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Koehler.....................................................        6.50
All Others..................................................        6.50
------------------------------------------------------------------------

Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or 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.
    We are issuing and publishing the final results of this full sunset 
review in accordance with sections 751(c)(5)(A), 752(c), and 777(i) of 
the Tariff Act of 1930, as amended, and 19 CFR 351.218(f)(3).

    Dated: May 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12991 Filed 6-3-14; 8:45 am]
BILLING CODE 3510-DS-P