Lightweight Thermal Paper From Germany: Notice of Court Decision Not in Harmony With Amended Final Results and Notice of Second Amended Final Results of Antidumping Duty Administrative Review; 2009-2010, 52826-52827 [2016-19008]
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Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices
rebuttal briefs should be filed
electronically using ACCESS.6
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, filed electronically using
ACCESS. An electronically-filed request
must be received successfully, and in its
entirety, by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the
date of publication of this notice.
Requests should contain the party’s
name, address, and telephone number;
the number of participants; and a list of
the issues to be discussed. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, at a date, time, and specific
location to be determined. Parties will
be notified of the date, time, and
location of any hearing. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, the Department will issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
mstockstill on DSK3G9T082PROD with NOTICES
Assessment Rates
Upon issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of this review.
Cash Deposit Instructions
The Department also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amount shown above. For all nonreviewed firms, we will instruct CBP to
collect cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Interested Parties
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
6 See
17:34 Aug 09, 2016
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidy Valuation Information
V. Analysis of Programs
VI. Recommendation
[FR Doc. 2016–19017 Filed 8–9–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–840]
Lightweight Thermal Paper From
Germany: Notice of Court Decision Not
in Harmony With Amended Final
Results and Notice of Second
Amended Final Results of
Antidumping Duty Administrative
Review; 2009–2010
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is notifying the public
that the Court of International Trade’s
(CIT or Court) final judgment in this
case is not in harmony with the
Department’s amended final results and
is therefore amending for a second time
the final results of the second
administrative review of the
antidumping duty order on lightweight
thermal paper from Germany with
respect to the rate assigned to
Papierfabrik August Koeher AG
(Koehler).
DATES: Effective: July 16, 2016.
FOR FURTHER INFORMATION CONTACT:
James Terpstra, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3965.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 9, 2012, the Department
published the final results of the second
administrative review of the
antidumping duty order on lightweight
thermal paper from Germany, covering
the period November 1, 2009, through
October 31, 2010.1 On May 16, 2012, the
1 See Lightweight Thermal Paper From Germany:
Notice of Final Results of the 2009–2010
19 CFR 351.303.
VerDate Sep<11>2014
Dated: August 3, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Jkt 238001
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Department amended the AR2 Final
Results to correct a ministerial error.2 As
a result, the Department assigned
Koehler a weighted-average dumping
margin of 4.33 percent.3 Subsequently,
Koehler and Appvion, Inc.4 challenged
the AR2 Amended Final Results in the
CIT.5 While that litigation was pending,
the Department published the final
results of the third review of the Order
in which it found that Koehler had
engaged in a transshipment scheme,
which began in the prior, second review
period, and withheld requested
information.6 As a result, in the AR3
Final Results the Department found that
Koehler had failed to cooperate to the
best of its ability in complying with the
Department’s requests for information
and assigned Koehler a total adverse
facts available (AFA) rate of 75.36
percent.7 In light of the AR3 Final
Results, in the litigation concerning the
AR2 Amended Final Results, the
Department sought a voluntary remand
to reconsider the AR2 Amended Final
Results, which the Court granted.
On June 16, 2014, the Department
issued its final results of
redetermination pursuant to remand.8
The Department determined that, based
on the transshipment scheme which
began in the second review period and
had been uncovered in the third review,
Koehler had failed to cooperate to the
best of its ability in complying with the
Department’s requests for information in
the second review.9 As a result, the
Department assigned Koehler an AFA
rate of 75.36 percent, and corroborated
the rate using Koehler’s transactionspecific margins from the second
review.10
Antidumping Duty Administrative Review, 77 FR
21082 (April 9, 2012) (AR2 Final Results); see also
Antidumping Duty Orders: Lightweight Thermal
Paper from Germany and the People’s Republic of
China, 73 FR 70959 (November 24, 2008) (Order).
2 See Lightweight Thermal Paper From Germany:
Notice of Amended Final Results of the 2009–2010
Antidumping Duty Administrative Review, 77 FR
28851 (May 16, 2012) (AR2 Amended Final
Results).
3 See id., 77 FR at 28851.
4 Formerly known as Appleton Papers Inc.
5 See Consol. Court No. 12–00091.
6 See Lightweight Thermal Paper from Germany:
Final Results of Antidumping Duty Administrative
Review; 2010–2011, 78 FR 23220 (April 18, 2013)
(AR3 Final Results). The CIT affirmed the AR3 Final
Results in their entirety. See Papierfabrik August
Koehler SE v. United States, 7 F. Supp. 3d 1304 (Ct.
Int’l Trade 2014). Koehler’s appeal of that decision
before the Court of Appeals for the Federal Circuit
(Federal Circuit) is pending. See Court No. 15–1489.
7 See AR3 Final Results, 78 FR at 23221.
8 See Final Remand Redetermination Pursuant to
Court Remand, Lightweight Thermal Paper from
Germany, Papierfabrik August Koehler AG v.
United States, Consol. Court No. 12–00091 (June 16,
2014) (AR2 Final Remand).
9 Id.
10 Id.
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52827
Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices
On July 6, 2016, the Court affirmed
the AR2 Final Remand, finding that the
Department had properly reconsidered
the AR2 Amended Final Results and
applied total AFA in light of the nature
of Koehler’s conduct.11 In addition,
although the Court found that the rate
of 75.36 percent was not properly
corroborated by the highest transactionspecific margin on the record of the
second review, it found that, under the
circumstances, the Department was
within its discretion in relying on the
75.36 percent rate, the highest rate in
any previous segment of the
proceeding.12 Thus, the Court affirmed
the AFA rate of 75.36 percent as applied
to Koehler.13
Timken Notice
Consistent with its decision in
Timken,14 as clarified by Diamond
Sawblades 15 the Federal Circuit held
that, pursuant to section 516A(e) of the
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. On July 6,
2016, the CIT sustained the
Department’s final results of
redetermination pursuant to remand in
Koehler.16 The CIT’s judgment in
Koehler sustaining the AR2 Final
Remand constitutes a final decision of
that court that is not in harmony with
the AR2 Amended 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.
Second Amended Final Results
Because there is now a final court
decision, we are amending the AR2
Amended Final Results with respect to
the rate assigned to Koehler as follows:
Company
AR2 amended
final results
dumping
margin
Papierfabrik August Koehler AG .............................................................................................................................
4.33 percent ...
In the event the CIT’s July 6, 2016,
decision in Koehler is not appealed, or
is upheld by a final and conclusive
court decision, the Department will
instruct U.S. Customs and Border
Protection to assess antidumping duties
on unliquidated entries of subject
merchandise based on the revised rate
listed above.
Dated: August 3, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Cash Deposit Requirements
National Institute of Standards and
Technology
As a result of the determination by the
International Trade Commission that
revocation of the Order would not be
likely to lead to continuation or
recurrence of material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act, the
Department revoked the Order, effective
November 24, 2013, and stopped
collecting cash deposits under the
Order.17 Therefore, the cash deposit
requirement for Koehler will not be
changed as a result of these amended
final results.
Notification to Interested Parties
mstockstill on DSK3G9T082PROD with NOTICES
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
11 See Papierfabrik August Koehler AG v. United
States, Consol. Court No. 12–00091, Slip Op. 16–
67 (July 6, 2016) (Koehler) at 13–24.
12 Id., at 33 (‘‘The court declines to construe the
corroboration requirement so as to eliminate the
discretion Commerce must possess to confront the
serious misconduct it encountered in this case, in
which Koehler undermined the integrity of the
proceeding Commerce conducted and prevented
VerDate Sep<11>2014
18:44 Aug 09, 2016
Jkt 238001
[FR Doc. 2016–19008 Filed 8–9–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[Docket Number: 160725650–6650–01]
Information on Current and Future
States of Cybersecurity in the Digital
Economy
National Institute of Standards
and Technology, U.S. Department of
Commerce.
ACTION: Notice; Request for Information
(RFI).
AGENCY:
The Commission on
Enhancing National Cybersecurity
requests information about current and
future states of cybersecurity in the
digital economy. As directed by
Executive Order 13718, ‘‘Commission
on Enhancing National Cybersecurity’’
(the ‘‘Executive Order’’), the
Commission will make detailed
SUMMARY:
Commerce from fulfilling its statutory
responsibility.’’).
13 Id., at 34.
14 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
15 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
Second
amended
final results
dumping
margin
75.36
recommendations to strengthen
cybersecurity in both the public and
private sectors while protecting privacy,
ensuring public safety and economic
and national security, fostering
discovery and development of new
technical solutions, and bolstering
partnerships between Federal, State and
local government and the private sector
in the development, promotion, and use
of cybersecurity technologies, policies,
and best practices. The Secretary of
Commerce was tasked by the Exective
Order to direct the Director of the
National Institute of Standards and
Technology (NIST) to provide the
Commission with such expertise,
services, funds, facilities, staff,
equipment, and other support services
as may be necessary to carry out its
mission.
Responses to this RFI—which will be
posted at https://www.nist.gov/
cybercommission—will inform the
Commission as it develops its detailed
recommendations.
DATES: Comments must be received by
5:00 p.m. Eastern time on September 9,
2016.
ADDRESSES: Written comments may be
submitted by mail to Nakia Grayson,
National Institute of Standards and
16 See
Koehler at 13–24, and 34.
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, 5084 (January
30, 2015).
17 See
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]]>Agencies
[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52826-52827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19008]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-840]
Lightweight Thermal Paper From Germany: Notice of Court Decision
Not in Harmony With Amended Final Results and Notice of Second Amended
Final Results of Antidumping Duty Administrative Review; 2009-2010
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is notifying the
public that the Court of International Trade's (CIT or Court) final
judgment in this case is not in harmony with the Department's amended
final results and is therefore amending for a second time the final
results of the second administrative review of the antidumping duty
order on lightweight thermal paper from Germany with respect to the
rate assigned to Papierfabrik August Koeher AG (Koehler).
DATES: Effective: July 16, 2016.
FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3965.
SUPPLEMENTARY INFORMATION:
Background
On April 9, 2012, the Department published the final results of the
second administrative review of the antidumping duty order on
lightweight thermal paper from Germany, covering the period November 1,
2009, through October 31, 2010.\1\ On May 16, 2012, the Department
amended the AR2 Final Results to correct a ministerial error.\2\ As a
result, the Department assigned Koehler a weighted-average dumping
margin of 4.33 percent.\3\ Subsequently, Koehler and Appvion, Inc.\4\
challenged the AR2 Amended Final Results in the CIT.\5\ While that
litigation was pending, the Department published the final results of
the third review of the Order in which it found that Koehler had
engaged in a transshipment scheme, which began in the prior, second
review period, and withheld requested information.\6\ As a result, in
the AR3 Final Results the Department found that Koehler had failed to
cooperate to the best of its ability in complying with the Department's
requests for information and assigned Koehler a total adverse facts
available (AFA) rate of 75.36 percent.\7\ In light of the AR3 Final
Results, in the litigation concerning the AR2 Amended Final Results,
the Department sought a voluntary remand to reconsider the AR2 Amended
Final Results, which the Court granted.
---------------------------------------------------------------------------
\1\ See Lightweight Thermal Paper From Germany: Notice of Final
Results of the 2009-2010 Antidumping Duty Administrative Review, 77
FR 21082 (April 9, 2012) (AR2 Final Results); see also Antidumping
Duty Orders: Lightweight Thermal Paper from Germany and the People's
Republic of China, 73 FR 70959 (November 24, 2008) (Order).
\2\ See Lightweight Thermal Paper From Germany: Notice of
Amended Final Results of the 2009-2010 Antidumping Duty
Administrative Review, 77 FR 28851 (May 16, 2012) (AR2 Amended Final
Results).
\3\ See id., 77 FR at 28851.
\4\ Formerly known as Appleton Papers Inc.
\5\ See Consol. Court No. 12-00091.
\6\ See Lightweight Thermal Paper from Germany: Final Results of
Antidumping Duty Administrative Review; 2010-2011, 78 FR 23220
(April 18, 2013) (AR3 Final Results). The CIT affirmed the AR3 Final
Results in their entirety. See Papierfabrik August Koehler SE v.
United States, 7 F. Supp. 3d 1304 (Ct. Int'l Trade 2014). Koehler's
appeal of that decision before the Court of Appeals for the Federal
Circuit (Federal Circuit) is pending. See Court No. 15-1489.
\7\ See AR3 Final Results, 78 FR at 23221.
---------------------------------------------------------------------------
On June 16, 2014, the Department issued its final results of
redetermination pursuant to remand.\8\ The Department determined that,
based on the transshipment scheme which began in the second review
period and had been uncovered in the third review, Koehler had failed
to cooperate to the best of its ability in complying with the
Department's requests for information in the second review.\9\ As a
result, the Department assigned Koehler an AFA rate of 75.36 percent,
and corroborated the rate using Koehler's transaction-specific margins
from the second review.\10\
---------------------------------------------------------------------------
\8\ See Final Remand Redetermination Pursuant to Court Remand,
Lightweight Thermal Paper from Germany, Papierfabrik August Koehler
AG v. United States, Consol. Court No. 12-00091 (June 16, 2014) (AR2
Final Remand).
\9\ Id.
\10\ Id.
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[[Page 52827]]
On July 6, 2016, the Court affirmed the AR2 Final Remand, finding
that the Department had properly reconsidered the AR2 Amended Final
Results and applied total AFA in light of the nature of Koehler's
conduct.\11\ In addition, although the Court found that the rate of
75.36 percent was not properly corroborated by the highest transaction-
specific margin on the record of the second review, it found that,
under the circumstances, the Department was within its discretion in
relying on the 75.36 percent rate, the highest rate in any previous
segment of the proceeding.\12\ Thus, the Court affirmed the AFA rate of
75.36 percent as applied to Koehler.\13\
---------------------------------------------------------------------------
\11\ See Papierfabrik August Koehler AG v. United States,
Consol. Court No. 12-00091, Slip Op. 16-67 (July 6, 2016) (Koehler)
at 13-24.
\12\ Id., at 33 (``The court declines to construe the
corroboration requirement so as to eliminate the discretion Commerce
must possess to confront the serious misconduct it encountered in
this case, in which Koehler undermined the integrity of the
proceeding Commerce conducted and prevented Commerce from fulfilling
its statutory responsibility.'').
\13\ Id., at 34.
---------------------------------------------------------------------------
Timken Notice
Consistent with its decision in Timken,\14\ as clarified by Diamond
Sawblades \15\ the Federal Circuit held that, pursuant to section
516A(e) of the 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. On July 6, 2016, the CIT
sustained the Department's final results of redetermination pursuant to
remand in Koehler.\16\ The CIT's judgment in Koehler sustaining the AR2
Final Remand constitutes a final decision of that court that is not in
harmony with the AR2 Amended 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.
---------------------------------------------------------------------------
\14\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\15\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\16\ See Koehler at 13-24, and 34.
---------------------------------------------------------------------------
Second Amended Final Results
Because there is now a final court decision, we are amending the
AR2 Amended Final Results with respect to the rate assigned to Koehler
as follows:
------------------------------------------------------------------------
Second amended
AR2 amended final final results
Company results dumping dumping
margin margin
------------------------------------------------------------------------
Papierfabrik August Koehler AG.. 4.33 percent.......... 75.36
------------------------------------------------------------------------
In the event the CIT's July 6, 2016, decision in Koehler is not
appealed, or is upheld by a final and conclusive court decision, the
Department will instruct U.S. Customs and Border Protection to assess
antidumping duties on unliquidated entries of subject merchandise based
on the revised rate listed above.
Cash Deposit Requirements
As a result of the determination by the International Trade
Commission that revocation of the Order would not be likely to lead to
continuation or recurrence of material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act, the Department
revoked the Order, effective November 24, 2013, and stopped collecting
cash deposits under the Order.\17\ Therefore, the cash deposit
requirement for Koehler will not be changed as a result of these
amended final results.
---------------------------------------------------------------------------
\17\ 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,
5084 (January 30, 2015).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: August 3, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-19008 Filed 8-9-16; 8:45 am]
BILLING CODE 3510-DS-P
