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]

Download as PDF 52826 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 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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. E:\FR\FM\10AUN1.SGM 10AUN1 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 http://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 E:\FR\FM\10AUN1.SGM 10AUN1

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]


-----------------------------------------------------------------------

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.

---------------------------------------------------------------------------

[[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