Lightweight Thermal Paper From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 53431-53433 [2016-19258]
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
• Silico-manganese steels; 17
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.10.1500,
7208.10.3000, 7208.10.6000, 7208.25.3000,
7208.25.6000, 7208.26.0030, 7208.26.0060,
7208.27.0030, 7208.27.0060, 7208.36.0030,
7208.36.0060, 7208.37.0030, 7208.37.0060,
7208.38.0015, 7208.38.0030, 7208.38.0090,
7208.39.0015, 7208.39.0030, 7208.39.0090,
7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000,
7211.14.0030, 7211.14.0090, 7211.19.1500,
7211.19.2000, 7211.19.3000, 7211.19.4500,
7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000,
7225.30.3050, 7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000, 7226.11.9030,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and
7226.91.8000. The products subject to the
investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180,
and 7228.60.6000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
and Border Protection purposes only. The
written description of the scope of the
investigation is dispositive.
Appendix II
mstockstill on DSK3G9T082PROD with NOTICES
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary
Determination
VI. Margin Calculations
VII. Discussion of the Issues
Comment 1: Colakoglu’s Duty Drawback
Adjustment
Comment 2: Colakoglu’s U.S. Indirect
Selling Expenses
Comment 3: Colakoglu’s International
Ocean Freight
Comment 4: Colakoglu’s U.S. Commissions
Comment 5: Corrections to Colakoglu’s
Cost Database
Comment 6: Colakoglu’s Cost-Averaging
Methodology
Comment 7: Colakoglu’s Electricity Offset
Comment 8: Colakoglu’s General and
Administrative Expense Ratio
Comment 9: Using Partial Facts Available
for Erdemir’s Downstream Reseller
Ersem
Comment 10: Erdemir’s Date of Sale
Comment 11: Erdemir’s Unreconciled Cost
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
17 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
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Comment 12: Erdemir’s Major-Input and
Transactions-Disregarded Adjustments
Comment 13: Erdemir’s Financial Expenses
Comment 14: Erdemir’s Cost of Goods Sold
Denominator
Comment 15: Erdemir’s General and
Administrative Expenses
VIII. Recommendation
[FR Doc. 2016–19373 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–920]
Lightweight Thermal Paper From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on lightweight
thermal paper (‘‘LWTP’’) from the
People’s Republic of China (‘‘PRC’’).
The period of review (‘‘POR’’) is
November 1, 2014, through October 31,
2015. The review covers two exporters
of subject merchandise: Jaan Huey Co.
Ltd. (‘‘Jaan Huey’’) and Shanghai
Hanhong Paper Co., Ltd. and Hanhong
Paper Co. Ltd (together, ‘‘Hanhong’’).
Because neither respondent participated
in this review, the Department
preliminarily finds that Jaan Huey and
Hanhong have not demonstrated
eligibility for a separate rate in this
segment of the proceeding, and
therefore, for the preliminary results, we
are treating both as part of the PRC-wide
entity. Interested parties are invited to
comment on these preliminary results.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Keith Haynes, 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)
482–5139.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 7, 2016, the Department
initiated the seventh administrative
review of the antidumping duty order
on LWTP from the PRC.1 On February
2, 2016, the Department issued
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736 (January 7, 2016) (‘‘Initiation Notice’’).
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Fmt 4703
Sfmt 4703
53431
antidumping questionnaires to Jaan
Huey and Hanhong. On February 16,
2016, Jaan Huey notified the
Department that it would not be
participating in this administrative
review.2 The Hanhong companies did
not respond to the Department’s request
for information.
Scope of the Order
The merchandise covered by this
review 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-of-sale applications such
as ATM receipts, credit card receipts,
gas pump receipts, and retail store
receipts. The merchandise subject to
this review may be classified in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under
subheadings 3703.10.60, 4811.59.20,
4811.90.8040, 4811.90.9090, 4820.10.20,
4823.40.00, 4811.90.8030, 4811.90.8050,
4811.90.9030, and 4811.90.9050.7 8
2 See letter from Jaan Huey, ‘‘Notice of NonParticipation in ADD Review: Annual Antidumping
Administrative Review of Lightweight Thermal
Paper from the People’s Republic of China,’’ dated
February 16, 2016.
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.
7 HTSUS subheading 4811.90.8000 was a
classification used for LWTP until January 1, 2007.
Effective that date, subheading 4811.90.8000 was
replaced with 4811.90.8020 (for gift wrap, a nonsubject product) and 4811.90.8040 (for ‘‘other’’
including LWTP). HTSUS subheading 4811.90.9000
was a classification for LWTP until July 1, 2005.
Effective that date, subheading 4811.90.9000 was
replaced with 4811.90.9010 (for tissue paper, a nonsubject product) and 4811.90.9090 (for ‘‘other,’’
including LWTP).
8 As of January 1, 2009, the International Trade
Commission deleted HTSUS subheadings
4811.90.8040 and 4811.90.9090 and added HTSUS
subheadings 4811.90.8030, 4811.90.8050,
E:\FR\FM\12AUN1.SGM
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12AUN1
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Although HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of these orders is dispositive.
Non-Market Economy Country
The Department considers the PRC to
be a nonmarket economy (‘‘NME’’)
country.9 In accordance with section
771(18)(C)(i) of the Tariff Act of 1930, as
amended (‘‘the Act’’), any determination
that a foreign country is an NME
country shall remain in effect until
revoked by the administering authority.
Therefore, we continue to treat the PRC
as an NME country for purposes of these
preliminary results.
Application of Separate Rates in NME
Proceedings
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In the Initiation Notice, the
Department notified parties of the
application process by which exporters
may obtain separate rate status in an
NME proceeding.10 It is the
Department’s policy to assign all
exporters of the merchandise subject to
review in NME countries a single rate
unless an exporter can affirmatively
demonstrate an absence of government
control, both in law (de jure) and in fact
(de facto), with respect to exports. To
establish whether a company is
sufficiently independent to be entitled
to a separate, company-specific rate, the
Department analyzes each exporting
entity in an NME country under the test
established in Sparklers,11 as further
developed by Silicon Carbide.12
However, if the Department determines
that a company is wholly foreignowned, then an analysis of the de jure
and de facto criteria is not necessary to
determine whether it is independent
from government control.13
4811.90.9030, and 4811.90.9050 to the Harmonized
Tariff Schedule of the United States (2009). See
Harmonized Tariff Schedule of the United States
(2009), available at <ww.usitc.gov>. These HTSUS
subheadings were added to the scope of the order
in LWTP’s LTFV investigation.
9 See, e.g., Certain Kitchen Appliance Shelving
and Racks from the People’s Republic of China:
Preliminary Results of the First Administrative
Review, Preliminary Rescission, in Part, and
Extension of Time Limits for the Final Results, 76
FR 62765, 62767–68 (October 11, 2011), unchanged
in Certain Kitchen Appliance Shelving and Racks
from the People’s Republic of China: Final Results
and Partial Rescission of First Antidumping Duty
Administrative Review, 77 FR 21734 (April 11,
2012).
10 See Initiation Notice.
11 See Final Determination of Sales at Less Than
Fair Value: Sparklers from the People’s Republic of
China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’).
12 See Notice of Final Determination of Sales at
Less Than Fair Value: Silicon Carbide from the
People’s Republic of China, 59 FR 22585 (May 2,
1994) (‘‘Silicon Carbide’’).
13 See, e.g., Final Results of Antidumping Duty
Administrative Review: Petroleum Wax Candles
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20:09 Aug 11, 2016
Jkt 238001
Methodology
The Department is conducting this
review in accordance with section 751
of the Act. Neither mandatory
respondent cooperated to the best of its
ability because neither provided a
response to the Department’s
questionnaire. Further, neither
respondent submitted a separate rate
application or certification to
demonstrate eligibility to receive a
separate rate. Thus, the Department
preliminarily determines that the
application of adverse facts available
(‘‘AFA’’) is warranted for these
preliminary results, in accordance with
section 776 of the Act and 19 CFR
351.308 and, because neither
demonstrated eligibility for a separate
rate, we are treating the mandatory
respondents as part of the PRC-wide
entity.
PRC-Wide Entity
The Department’s change in policy
regarding conditional review of the
PRC-wide entity applies to this
administrative review.14 Under this
policy, the PRC-wide entity will not be
under review unless a party specifically
requests, or the Department selfinitiates, a review of the entity. Because
no party requested a review of the PRCwide entity in this review, the entity is
not under review, and the entity’s rate
is not subject to change (i.e., 115.29
percent).15
Preliminary Results of Review
The preliminary weighted-average
antidumping duty margin percentage is
as follows:
Producer and/or exporter
Weightedaverage
dumping
margin
(percent)
PRC-Wide Entity ...................
115.29
Public Comment and Opportunity To
Request a Hearing
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review in the Federal Register.16
from the People’s Republic of China, 72 FR 52355,
52356 (September 13, 2007).
14 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
15 See ‘‘Lightweight Thermal Paper from the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value,’’ 73 FR 57329 (Oct
2, 2008).
16 See 19 CFR 351.309(c)(1)(ii).
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Frm 00038
Fmt 4703
Sfmt 4703
Rebuttals to case briefs must be limited
to issues raised in the case briefs and
must be filed within five days following
the time limit for filing case briefs.17
Parties who submit arguments are
requested to submit with the argument
(a) a statement of the issue, (b) a brief
summary of the argument, and (c) a
table of authorities.18 Parties submitting
briefs should do so pursuant to the
Department’s electronic filing system,
ACCESS.19
Any interested party may request a
hearing within 30 days of publication of
this notice.20 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.21
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed PRC
and non-PRC exporters who are not
under review in this segment of the
proceeding but who have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recent period; (2) for all PRC
17 See
19 CFR 351.309(d)(1)–(2).
19 CFR 351.309(c)(2), (d)(2).
19 See 19 CFR 351.303 (for general filing
requirements).
20 See 19 CFR 351.310(c).
21 See 19 CFR 351.310(d).
18 See
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12AUN1
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 115.29 percent;
and (3) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporter(s) that supplied that nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement off
antidumping duties prior to liquidation
of the relevant entries during this
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.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–19258 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–811]
Ammonium Nitrate From the Russian
Federation: Final Results of Sunset
Review and Revocation of
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 1, 2016, the
Department of Commerce (the
Department) initiated the second sunset
review of the antidumping duty order
on ammonium nitrate from the Russian
Federation (Russia). Because no
domestic interested party filed a notice
of intent to participate in response to
the notice of initiation, the Department
is revoking the antidumping duty order
on ammonium nitrate from Russia.
DATES: Effective August 20, 2016.
FOR FURTHER INFORMATION CONTACT:
David Crespo at (202) 482–3693, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
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18:42 Aug 11, 2016
Jkt 238001
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2011, the Department
terminated the agreement suspending
the antidumping duty investigation and
issued an antidumping duty order on
ammonium nitrate from Russia.1 On
July 1, 2016, the Department initiated a
sunset review of the antidumping duty
Order pursuant to section 751(c) of the
Tariff Act of 1930, as amended (‘‘the
Act’’).2 We received no notice of intent
to participate in response to the
Initiation Notice from domestic
interested parties by the applicable
deadline.3 As a result, the Department
concludes that no domestic party
intends to participate in this sunset
review.4 On July 21, 2016, we notified
the International Trade Commission, in
writing, that we intend to revoke the
Order.5
Scope of the Order
The scope of this order includes solid,
fertilizer grade ammonium nitrate
products, whether prilled, granular, or
in other solid form, with or without
additives or coating, and with a bulk
density equal to or greater than 53
pounds per cubic foot. Specifically
excluded from this scope is solid
ammonium nitrate with a bulk density
less than 53 pounds per cubic foot
(commonly referred to as industrial or
explosive grade ammonium nitrate). The
merchandise subject to this order is
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheadings 3102.30.00.00 and
3102.290000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
within the scope is dispositive.
Revocation
Pursuant to section 751(c)(3)(A) of the
Act and 19 CFR 351.218(d)(1)(iii)(B)(3),
if no domestic interested party files a
notice of intent to participate, the
Department shall issue a final
determination revoking the order within
90 days of the initiation of the review.
Because no domestic interested party
filed a notice of intent to participate in
1 See Termination of the Suspension Agreement
on Solid Fertilizer Grade Ammonium Nitrate From
the Russian Federation and Notice of Antidumping
Duty Order; 76 FR 23569 (April 27, 2011) (Order).
2 See Initiation of Five-Year (‘‘Sunset’’) Review; 81
FR 43185 (July 1, 2016) (Initiation Notice).
3 See 19 CFR 351.218(d)(1)(i).
4 See 19 CFR 351.218(d)(1)(iii)(A).
5 See 19 CFR 351.218(d)(1)(iii)(B)(2).
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Sfmt 4703
53433
this sunset review, the Department finds
that no domestic interested party is
participating in this sunset review.
Therefore, we are revoking the Order.
The effective date of revocation is
August 20, 2016, the fifth anniversary of
the date of publication in the Federal
Register of the Continuation of the
Order.6
Pursuant to section 751(c)(3)(A) of the
Act and 19 CFR 351.222(i)(2)(i), the
Department intends to issue instructions
to U.S. Customs and Border Protection
to terminate the suspension of
liquidation of entries of the
merchandise subject to the order which
were entered, or withdrawn from
warehouse, for consumption on or after
August 20, 2016. Entries of subject
merchandise prior to August 20, 2016,
will continue to be subject to the
suspension of liquidation and
requirements for deposits of estimated
antidumping duties. The Department
will conduct administrative reviews of
the order with respect to subject
merchandise entered prior to the
effective date of revocation in response
to appropriately filed requests for
review.
These final results of the five-year
(sunset) review and notice of revocation
of the antidumping duty order are
published in accordance with sections
751(c) and 777(i)(1) of the Act.
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–19248 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–827]
Countervailing Duty Investigation of
Certain Hot-Rolled Steel Flat Products
From the Republic of Turkey: Final
Affirmative Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers and exporters of
certain hot-rolled steel flat products
(hot-rolled steel) from the Republic of
Turkey (Turkey). For information on the
estimated subsidy rates, see the ‘‘Final
AGENCY:
6 See 19 CFR 351.222(i)(2); see also Continuation
of Antidumping Duty Order on Solid Fertilizer
Grade Ammonium Nitrate From the Russian
Federation, 76 FR 49449 (August 20, 2011).
E:\FR\FM\12AUN1.SGM
12AUN1
]]>Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53431-53433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19258]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-920]
Lightweight Thermal Paper From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on lightweight
thermal paper (``LWTP'') from the People's Republic of China (``PRC'').
The period of review (``POR'') is November 1, 2014, through October 31,
2015. The review covers two exporters of subject merchandise: Jaan Huey
Co. Ltd. (``Jaan Huey'') and Shanghai Hanhong Paper Co., Ltd. and
Hanhong Paper Co. Ltd (together, ``Hanhong''). Because neither
respondent participated in this review, the Department preliminarily
finds that Jaan Huey and Hanhong have not demonstrated eligibility for
a separate rate in this segment of the proceeding, and therefore, for
the preliminary results, we are treating both as part of the PRC-wide
entity. Interested parties are invited to comment on these preliminary
results.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT: Keith Haynes, 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-
5139.
SUPPLEMENTARY INFORMATION:
Background
On January 7, 2016, the Department initiated the seventh
administrative review of the antidumping duty order on LWTP from the
PRC.\1\ On February 2, 2016, the Department issued antidumping
questionnaires to Jaan Huey and Hanhong. On February 16, 2016, Jaan
Huey notified the Department that it would not be participating in this
administrative review.\2\ The Hanhong companies did not respond to the
Department's request for information.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 736 (January 7, 2016) (``Initiation
Notice'').
\2\ See letter from Jaan Huey, ``Notice of Non-Participation in
ADD Review: Annual Antidumping Administrative Review of Lightweight
Thermal Paper from the People's Republic of China,'' dated February
16, 2016.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this review 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 review may be
classified in the Harmonized Tariff Schedule of the United States
(``HTSUS'') under subheadings 3703.10.60, 4811.59.20, 4811.90.8040,
4811.90.9090, 4820.10.20, 4823.40.00, 4811.90.8030, 4811.90.8050,
4811.90.9030, and 4811.90.9050.\7\ \8\
[[Page 53432]]
Although HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of these orders 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.
\7\ HTSUS subheading 4811.90.8000 was a classification used for
LWTP until January 1, 2007. Effective that date, subheading
4811.90.8000 was replaced with 4811.90.8020 (for gift wrap, a non-
subject product) and 4811.90.8040 (for ``other'' including LWTP).
HTSUS subheading 4811.90.9000 was a classification for LWTP until
July 1, 2005. Effective that date, subheading 4811.90.9000 was
replaced with 4811.90.9010 (for tissue paper, a non-subject product)
and 4811.90.9090 (for ``other,'' including LWTP).
\8\ As of January 1, 2009, the International Trade Commission
deleted HTSUS subheadings 4811.90.8040 and 4811.90.9090 and added
HTSUS subheadings 4811.90.8030, 4811.90.8050, 4811.90.9030, and
4811.90.9050 to the Harmonized Tariff Schedule of the United States
(2009). See Harmonized Tariff Schedule of the United States (2009),
available at <ww.usitc.gov>. These HTSUS subheadings were added to
the scope of the order in LWTP's LTFV investigation.
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Non-Market Economy Country
The Department considers the PRC to be a nonmarket economy
(``NME'') country.\9\ In accordance with section 771(18)(C)(i) of the
Tariff Act of 1930, as amended (``the Act''), any determination that a
foreign country is an NME country shall remain in effect until revoked
by the administering authority. Therefore, we continue to treat the PRC
as an NME country for purposes of these preliminary results.
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\9\ See, e.g., Certain Kitchen Appliance Shelving and Racks from
the People's Republic of China: Preliminary Results of the First
Administrative Review, Preliminary Rescission, in Part, and
Extension of Time Limits for the Final Results, 76 FR 62765, 62767-
68 (October 11, 2011), unchanged in Certain Kitchen Appliance
Shelving and Racks from the People's Republic of China: Final
Results and Partial Rescission of First Antidumping Duty
Administrative Review, 77 FR 21734 (April 11, 2012).
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Application of Separate Rates in NME Proceedings
In the Initiation Notice, the Department notified parties of the
application process by which exporters may obtain separate rate status
in an NME proceeding.\10\ It is the Department's policy to assign all
exporters of the merchandise subject to review in NME countries a
single rate unless an exporter can affirmatively demonstrate an absence
of government control, both in law (de jure) and in fact (de facto),
with respect to exports. To establish whether a company is sufficiently
independent to be entitled to a separate, company-specific rate, the
Department analyzes each exporting entity in an NME country under the
test established in Sparklers,\11\ as further developed by Silicon
Carbide.\12\ However, if the Department determines that a company is
wholly foreign-owned, then an analysis of the de jure and de facto
criteria is not necessary to determine whether it is independent from
government control.\13\
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\10\ See Initiation Notice.
\11\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588 (May 6,
1991) (``Sparklers'').
\12\ See Notice of Final Determination of Sales at Less Than
Fair Value: Silicon Carbide from the People's Republic of China, 59
FR 22585 (May 2, 1994) (``Silicon Carbide'').
\13\ See, e.g., Final Results of Antidumping Duty Administrative
Review: Petroleum Wax Candles from the People's Republic of China,
72 FR 52355, 52356 (September 13, 2007).
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Methodology
The Department is conducting this review in accordance with section
751 of the Act. Neither mandatory respondent cooperated to the best of
its ability because neither provided a response to the Department's
questionnaire. Further, neither respondent submitted a separate rate
application or certification to demonstrate eligibility to receive a
separate rate. Thus, the Department preliminarily determines that the
application of adverse facts available (``AFA'') is warranted for these
preliminary results, in accordance with section 776 of the Act and 19
CFR 351.308 and, because neither demonstrated eligibility for a
separate rate, we are treating the mandatory respondents as part of the
PRC-wide entity.
PRC-Wide Entity
The Department's change in policy regarding conditional review of
the PRC-wide entity applies to this administrative review.\14\ Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a review
of the entity. Because no party requested a review of the PRC-wide
entity in this review, the entity is not under review, and the entity's
rate is not subject to change (i.e., 115.29 percent).\15\
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\14\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\15\ See ``Lightweight Thermal Paper from the People's Republic
of China: Final Determination of Sales at Less Than Fair Value,'' 73
FR 57329 (Oct 2, 2008).
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Preliminary Results of Review
The preliminary weighted-average antidumping duty margin percentage
is as follows:
------------------------------------------------------------------------
Weighted-
average dumping
Producer and/or exporter margin
(percent)
------------------------------------------------------------------------
PRC-Wide Entity........................................ 115.29
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Public Comment and Opportunity To Request a Hearing
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review in the
Federal Register.\16\ Rebuttals to case briefs must be limited to
issues raised in the case briefs and must be filed within five days
following the time limit for filing case briefs.\17\ Parties who submit
arguments are requested to submit with the argument (a) a statement of
the issue, (b) a brief summary of the argument, and (c) a table of
authorities.\18\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.\19\
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\16\ See 19 CFR 351.309(c)(1)(ii).
\17\ See 19 CFR 351.309(d)(1)-(2).
\18\ See 19 CFR 351.309(c)(2), (d)(2).
\19\ See 19 CFR 351.303 (for general filing requirements).
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Any interested party may request a hearing within 30 days of
publication of this notice.\20\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.\21\
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\20\ See 19 CFR 351.310(c).
\21\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed PRC and non-PRC exporters who are not under
review in this segment of the proceeding but who have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (2) for all PRC
[[Page 53433]]
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the PRC-wide
rate of 115.29 percent; and (3) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter(s) that supplied
that non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement off antidumping duties prior to liquidation
of the relevant entries during this 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.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-19258 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P
