Lightweight Thermal Paper From Germany: Final Results of the Antidumping Duty Administrative Review; 2012-2013, 18602-18603 [2015-07974]

Download as PDF 18602 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices Analysis of Comments Received DEPARTMENT OF COMMERCE International Trade Administration [A–428–840] Lightweight Thermal Paper From Germany: Final Results of the Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 1, 2014, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on lightweight thermal paper (LWTP) from Germany.1 The period of review (POR) is November 1, 2012, through October 31, 2013. We invited interested parties to comment on the preliminary results. After reviewing the comments received and making corrections to the margin calculation program, we continue to find that Papierfabrik August Koehler SE (Koehler) did not make sales of subject merchandise at less than normal value. The final dumping margin for Koehler, listed below in the section entitled ‘‘Final Results of the Review,’’ is unchanged from the preliminary results. DATES: Effective Date: April 7, 2015. FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482–4136. AGENCY: Background Since the publication of the Preliminary Results, in January 2015, Koehler submitted a case brief. The Department is conducting this administrative review in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). Scope of the Order mstockstill on DSK4VPTVN1PROD with NOTICES The merchandise covered by the order is LWTP.2 1 See Lightweight Thermal Paper from Germany; Preliminary Results of Antidumping Duty Administrative Review; 2012–2013, 79 FR 71086 (December 1, 2014) (Preliminary Results). 2 For a complete description of the scope, see Antidumping Duty Orders: Lightweight Thermal Paper from Germany and the People’s Republic of China, 73 FR 70959 (November 24, 2008). See also memorandum entitled ‘‘Lightweight Thermal Paper from Germany: Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review; 2012–2013’’ (Issues and Decision Memorandum). VerDate Sep<11>2014 17:46 Apr 06, 2015 Jkt 235001 All issues raised in the case and rebuttal briefs by parties are addressed in the Issues and Decision Memorandum, which is dated concurrently with, and adopted by, this notice. A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).3 ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at https:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of the Review As a result of this review, we determine that the following weightedaverage dumping margin exists for the period November 1, 2012, through October 31, 2013. Manufacturer/Exporter Papierfabrik August Koehler SE ... Percent margin 0.00 Disclosure We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Assessment Rates The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212(b). The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of these final results of review. Because we have calculated a zero margin for Koehler in the final 3 On November 24, 2014, Enforcement and Compliance changed the name of Import Administration’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (‘‘ACCESS’’). The Web site location was changed from https://iaaccess.trade.gov to https:// access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 results of this review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.4 This clarification applies to entries of subject merchandise during the POR produced by Koehler for which it did not know that the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate effective during the POR if there is no rate for the intermediate company(ies) involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. Discontinuation of Cash Deposit Requirements On January 22, 2015, the U.S. International Trade Commission determined, pursuant to section 751(c) of the Act (i.e., as a result of a five-year ‘‘sunset’’ review), that revocation of the antidumping duty order on the subject merchandise would not be likely to lead to the continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Accordingly, the antidumping duty order on LWTP from Germany was revoked effective November 24, 2013.6 As a result, we have instructed CBP to discontinue collection of cash deposits of antidumping duties on entries of the subject merchandise made on or after November 24, 2013. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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. 4 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). 5 See Lightweight Thermal Paper From China And Germany; Determination, 80 FR 3252 (January 22, 2015). 6 See Lightweight Thermal Paper From the People’s Republic of China and Germany: Continuation of the Antidumping and Countervailing Duty Orders on the People’s Republic of China, Revocation of the Antidumping Duty Order on Germany, 80 FR 5083 (January 30, 2015). E:\FR\FM\07APN1.SGM 07APN1 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. The final results of this administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221. Dated: March 31, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Topic Discussed in the Issues and Decision Memorandum 1. Ministerial Errors in Margin Calculation Program [FR Doc. 2015–07974 Filed 4–6–15; 8:45 am] BILLING CODE CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–840] Lightweight Thermal Paper From Germany: Rescission of Antidumping Duty Administrative Review; 2013– 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (the Department) is rescinding its administrative review of the antidumping duty order on lightweight thermal paper (LWTP) from Germany for the period of November 1, 2013, through November 23, 2013, based on the withdrawal of all requests for review. SUMMARY: DATES: Effective Date: April 7, 2015. mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4136. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:46 Apr 06, 2015 Jkt 235001 Background On November 3, 2014, the Department published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on LWTP from Germany for the period of review (POR) November 1, 2013, to October 31, 2014.1 On December 1, 2014, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the Department received a timely request from Appvion Inc. (the petitioner), a domestic interested party, to conduct an administrative review of the POR sales of Papierfabrik August Koehler SE (Koehler). Also on this date, Koehler timely requested a review of its POR sales. On December 23, 2014, the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on LWTP from Germany with respect to Koehler.2 On January 7, 2015, Koehler withdrew its request for review.3 On January 30, 2015, as a result of a five-year (‘‘sunset’’) review, the Department revoked the antidumping duty order on imports of LWTP from Germany, effective November 24, 2013.4 Therefore, the POR for this administrative review was revised to November 1, 2013, through November 23, 2013.5 On February 20, 2015, the petitioner withdrew its request for review of Koehler.6 Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Department 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. Koehler and the petitioner withdrew their requests for review before the 90-day deadline (i.e., March 23, 2015), and no other party requested 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 79 FR 65176 (November 3, 2014). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 76956 (December 23, 2014). 3 See January 7, 2015, Letter from Koehler. 4 See Lightweight Thermal Paper From the People’s Republic of China and Germany: Continuation of the Antidumping and Countervailing Duty Orders on the People’s Republic of China, Revocation of the Antidumping Duty Order on Germany, 80 FR 5083 (January 30, 2015). 5 See February 10, 2015, Memorandum to the File regarding revision of POR due to revocation of antidumping duty order. 6 See February 20, 2015, Letter from the petitioner. PO 00000 Frm 00018 Fmt 4703 Sfmt 9990 18603 an administrative review of the antidumping duty order on LWTP from Germany for the POR. Therefore, in response to the timely withdrawal of requests for review and pursuant to 19 CFR 351.213(d)(1), the Department is rescinding this review in its entirety. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of this notice in the Federal Register. Notification to Importers This notice serves as the only 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 the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written 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 the terms of an APO is a sanctionable violation. This notice is published in accordance with section 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: April 1, 2015. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–07973 Filed 4–6–15; 8:45 am] BILLING CODE CODE 3510–DS–P E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18602-18603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07974]



[[Page 18602]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-840]


Lightweight Thermal Paper From Germany: Final Results of the 
Antidumping Duty Administrative Review; 2012-2013

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

SUMMARY: On December 1, 2014, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on lightweight thermal paper 
(LWTP) from Germany.\1\ The period of review (POR) is November 1, 2012, 
through October 31, 2013. We invited interested parties to comment on 
the preliminary results. After reviewing the comments received and 
making corrections to the margin calculation program, we continue to 
find that Papierfabrik August Koehler SE (Koehler) did not make sales 
of subject merchandise at less than normal value. The final dumping 
margin for Koehler, listed below in the section entitled ``Final 
Results of the Review,'' is unchanged from the preliminary results.
---------------------------------------------------------------------------

    \1\ See Lightweight Thermal Paper from Germany; Preliminary 
Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 
71086 (December 1, 2014) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: April 7, 2015.

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

Background

    Since the publication of the Preliminary Results, in January 2015, 
Koehler submitted a case brief. The Department is conducting this 
administrative review in accordance with section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise covered by the order is LWTP.\2\
---------------------------------------------------------------------------

    \2\ For a complete description of the scope, see Antidumping 
Duty Orders: Lightweight Thermal Paper from Germany and the People's 
Republic of China, 73 FR 70959 (November 24, 2008). See also 
memorandum entitled ``Lightweight Thermal Paper from Germany: Issues 
and Decision Memorandum for the Final Results of the Antidumping 
Duty Administrative Review; 2012-2013'' (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the Issues and Decision Memorandum, which is dated 
concurrently with, and adopted by, this notice. A list of the issues 
which parties raised and to which we respond in the Issues and Decision 
Memorandum is attached to this notice as Appendix I. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\3\ ACCESS is available 
to registered users at https://access.trade.gov and to all parties in 
the Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ On November 24, 2014, Enforcement and Compliance changed the 
name of Import Administration's AD and CVD Centralized Electronic 
Service System (``IA ACCESS'') to AD and CVD Centralized Electronic 
Service System (``ACCESS''). The Web site location was changed from 
https://iaaccess.trade.gov to https://access.trade.gov. The Final Rule 
changing the references to the Regulations can be found at 79 FR 
69046 (November 20, 2014).
---------------------------------------------------------------------------

Final Results of the Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period November 1, 2012, 
through October 31, 2013.

------------------------------------------------------------------------
                                                                Percent
                    Manufacturer/Exporter                        margin
------------------------------------------------------------------------
Papierfabrik August Koehler SE...............................       0.00
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212(b). The Department intends 
to issue appropriate assessment instructions to CBP 15 days after 
publication of these final results of review. Because we have 
calculated a zero margin for Koehler in the final results of this 
review, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\4\ This clarification applies to entries of subject 
merchandise during the POR produced by Koehler for which it did not 
know that the merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate effective during the POR if there is no rate for the 
intermediate company(ies) involved in the transaction. See Assessment 
Policy Notice for a full discussion of this clarification.
---------------------------------------------------------------------------

    \4\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
---------------------------------------------------------------------------

Discontinuation of Cash Deposit Requirements

    On January 22, 2015, the U.S. International Trade Commission 
determined, pursuant to section 751(c) of the Act (i.e., as a result of 
a five-year ``sunset'' review), that revocation of the antidumping duty 
order on the subject merchandise would not be likely to lead to the 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time.\5\ Accordingly, the 
antidumping duty order on LWTP from Germany was revoked effective 
November 24, 2013.\6\ As a result, we have instructed CBP to 
discontinue collection of cash deposits of antidumping duties on 
entries of the subject merchandise made on or after November 24, 2013.
---------------------------------------------------------------------------

    \5\ See Lightweight Thermal Paper From China And Germany; 
Determination, 80 FR 3252 (January 22, 2015).
    \6\ See Lightweight Thermal Paper From the People's Republic of 
China and Germany: Continuation of the Antidumping and 
Countervailing Duty Orders on the People's Republic of China, 
Revocation of the Antidumping Duty Order on Germany, 80 FR 5083 
(January 30, 2015).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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.

[[Page 18603]]

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    The final results of this administrative review and notice are 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act and 19 CFR 351.221.

    Dated: March 31, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Topic Discussed in the Issues and Decision Memorandum

1. Ministerial Errors in Margin Calculation Program

[FR Doc. 2015-07974 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 3510-DS-P

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