Lightweight Thermal Paper From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 56951-56953 [2017-25903]
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Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices
that entered under UFlex’s case number
will be liquidated at the all-others rate
if there is no rate for the intermediate
companies involved in the
transaction.12
Dated: November 27, 2017.
Carole Showers,
Executive Director, Office of Policy,
performing the duties of the Deputy Assistant
Secretary, for Enforcement and Compliance.
Cash Deposit Requirements
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
The following deposit requirements
will be effective for all shipments of
PET Film from the UAE entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 4.05
percent, the all-others rate established
in the investigation.13 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
sradovich on DSK3GMQ082PROD with NOTICES
Notification to Importers
This notice also serves as a
preliminary 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
12 Id.
13 See Polyethylene Terephthalate Film, Sheet,
and Strip from Brazil, the People’s Republic of
China and the United Arab Emirates: Antidumping
Duty Orders and Amended Final Determination of
Sales at Less Than Fair Value for the United Arab
Emirates, 73 FR 66595, 66597 (November 10, 2008).
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16:44 Nov 30, 2017
Jkt 244001
1. Summary
2. Background
3. Scope of the Order
4. Date of Sale
5. Discussion of Methodology
6. Product Comparisons
7. Export Price/Constructed Export Price
8. Normal Value
9. Currency Conversions
10. Conclusion
[FR Doc. 2017–25904 Filed 11–30–17; 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; 2015–
2016
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, 2015,
through October 31, 2016. The review
covers three exporters of subject
merchandise: Shenzhen Formers
Printing Co., Ltd. (Formers), Sailing
International Limited (Sailing), and
Suzhou Xiandai Paper Production Co
(Xiandai). The Department preliminarily
finds that Formers, Sailing, and Xiandai
have not demonstrated eligibility for a
separate rate in this segment of the
proceeding, and therefore, for the
preliminary results, we are treating
Formers, Sailing, and Xiandai as part of
the PRC-wide entity. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable December 1, 2017.
FOR FURTHER INFORMATION CONTACT: Alex
Rosen, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–7814.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
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56951
Background
On January 13, 2017, the Department
initiated the eighth administrative
review of the antidumping duty order
on LWTP from the PRC on three
exporters: Formers, Sailing, and
Xiandai.1 In the Initiation Notice, the
Department stated that all firms
identified in the notice that wished to
qualify for separate rate status in the
administrative review must complete
either a separate rate application or
certification, due to the Department no
later than 30 calendar days after the
publication of the notice, i.e., February
13, 2017.2 None of the respondents—
Formers, Sailing, and Xiandai—timely
submitted either a complete separate
rate application or separate rate
certification or a statement of ‘‘no
shipments’’ during the POR.
Nevertheless, per our practice, on March
16, 2017, the Department uploaded and
released onto the administrative record
of this proceeding an antidumping
questionnaire to each exporter, Formers,
Sailing, and Xiandai. However, due to
an inadvertent oversight, the
Department did not issue a physical
copy of the questionnaire to any
respondent, as is the Department’s
practice when foreign firms are not
represented by counsel in the United
States or representatives thereof have
not otherwise contacted the Department,
and thus, the Department was unable to
confirm whether parties received the
questionnaire. Therefore, on July 28,
2017, the Department reissued the
antidumping questionnaire to Formers,
Sailing and Xiandai, served physical
copies of the questionnaires on all the
respondents in accordance with its
standard practice, and extended the due
date of the questionnaire response.3 On
September 7, 2017, the Department
requested a U.S. Customs and Border
Protection (CBP) data file of entries of
subject merchandise associated with
Sailing, Formers or Xiandai during the
POR. On September 11, 2017, the
Department received a response to its
request indicating there were no
suspended AD/CVD entries associated
with Sailing, Formers or Xiandai during
the POR.4 For a complete description of
the events that followed the initiation of
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
4294 (January 13, 2017) (Initiation Notice).
2 Id. at 4295.
3 See Memorandum, ‘‘Due Date to Respond to the
Department’s Initial Questionnaire,’’ dated July 28,
2017.
4 See Memorandum, ‘‘U.S. Customs and Border
Protection Import Data,’’ dated September 11, 2017.
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Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices
this administrative review, see the
Preliminary Decision Memorandum.5
sradovich on DSK3GMQ082PROD with NOTICES
Scope of the Order
The merchandise covered by this
order 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; 6 with or without a base
coat 7 on one or both sides; with thermal
active coating(s) 8 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; 9 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 order 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 4811.90.9050.10 11
5 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the 2015–2016 Antidumping
Duty Administrative Review: Lightweight Thermal
Paper from the People’s Republic of China’’
(Preliminary Decision Memorandum), dated
concurrently with and hereby adopted by this
notice.
6 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.
7 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.
8 A thermal active coating is typically made of
sensitizer, dye, and co-reactant.
9 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.
10 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).
11 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 www.usitc.gov. These HTSUS
subheadings were added to the scope of the order
in LWTP’s LTFV investigation.
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16:44 Nov 30, 2017
Jkt 244001
Although HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this order is dispositive.
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.213.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included in the
Appendix to this notice. The
Preliminary 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).
ACCESS is available to registered users
at https://access.trade.gov, and ACCESS
is available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Separate Rates and Preliminary Results
of Review
Because Sailing and Xiandai did not
respond to the Department’s
antidumping duty questionnaire, the
Department preliminarily determines
that Sailing and Xiandai did not
establish their eligibility for separate
rate status.
In its submissions to the Department,
Formers submitted information
indicating that it made sales to U.S.
customers during the POR which
includes subject merchandise, but
Formers did not provide evidence of a
suspended entry of subject merchandise
into the United States during the POR.
Further, our inquiry of the CBP data
reported no suspended AD/CVD entries
of subject merchandise associated with
Formers during the POR. Accordingly,
Formers did not establish its eligibility
for separate rate status.
Therefore, the Department
preliminarily determines that these
three companies are part of the PRCwide entity. Because no party requested
a review of the PRC-wide entity, the
entity is not under review, and the PRCwide entity’s rate of 115.29 percent from
the investigation is not subject to
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
change.12 For additional information
regarding this determination, see the
Preliminary Decision Memorandum.
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.13
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.14
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.15 Parties submitting
briefs should do so pursuant to the
Department’s electronic filing system,
ACCESS.16
Any interested party may request a
hearing within 30 days of publication of
this notice.17 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, 1401
Constitution Avenue NW., Washington,
DC 20230.18
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. Because all three respondents
are found to be ineligible for a separate
rate, the Department will instruct CBP
to liquidate all appropriate entries at
115.29 percent, i.e., the rate for the PRCwide entity. The Department intends to
issue assessment instructions to CBP 15
12 See Antidumping Duty Orders: Lightweight
Thermal Paper from Germany and the People’s
Republic of China, 73 FR 70959, 70960 (November
24, 2008).
13 See 19 CFR 351.309(c)(1)(ii).
14 See 19 CFR 351.309(d)(1)–(2).
15 See 19 CFR 351.309(c)(2), (d)(2).
16 See 19 CFR 351.303 (for general filing
requirements).
17 See 19 CFR 351.310(c).
18 See 19 CFR 351.310(d).
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Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices
days after the publication date of the
final results of this review.
V. Recommendation
Cash Deposit Requirements
BILLING CODE 3510–DS–P
[FR Doc. 2017–25903 Filed 11–30–17; 8:45 am]
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 a separate rate
from the completed segment for the
most recent period, the cash deposit rate
will continue to be the exporter-specific
rate published for that most recent
period; (2) for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be rate for the
PRC-wide entity, 115.29 percent; and (3)
for all non-PRC exporters of subject
merchandise which have not received
their own separate rate, the cash deposit
rate will be the rate applicable to the
PRC exporter 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.
Notification to Interested Parties
sradovich on DSK3GMQ082PROD with NOTICES
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: November 27, 2017.
Carole Showers,
Executive Director, Office of Policy,
performing the duties of the Deputy Assistant
Secretary for Enforcement and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
VerDate Sep<11>2014
16:44 Nov 30, 2017
Jkt 244001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF776
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Gull and
Climate Research in Glacier Bay
National Park, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
NMFS has received a request
from the National Park Service (NPS) for
authorization to take marine mammals
incidental to glaucous-winged gull and
climate monitoring research activities in
Glacier Bay National Park (GLBA NP),
Alaska. Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on its proposal to
issue an incidental harassment
authorization (IHA) to incidentally take
marine mammals during the specified
activities. NMFS will consider public
comments prior to making any final
decision on the issuance of the
requested MMPA authorizations and
agency responses will be summarized in
the final notice of our decision.
DATES: Comments and information must
be received no later than January 2,
2018.
SUMMARY:
Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.molineaux@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
ADDRESSES:
PO 00000
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56953
www.nmfs.noaa.gov/pr/permits/
incidental/research.htm without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Jonathan Molineaux, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/research.htm. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
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Agencies
[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 56951-56953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25903]
-----------------------------------------------------------------------
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; 2015-
2016
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, 2015, through October 31, 2016.
The review covers three exporters of subject merchandise: Shenzhen
Formers Printing Co., Ltd. (Formers), Sailing International Limited
(Sailing), and Suzhou Xiandai Paper Production Co (Xiandai). The
Department preliminarily finds that Formers, Sailing, and Xiandai have
not demonstrated eligibility for a separate rate in this segment of the
proceeding, and therefore, for the preliminary results, we are treating
Formers, Sailing, and Xiandai as part of the PRC-wide entity.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable December 1, 2017.
FOR FURTHER INFORMATION CONTACT: Alex Rosen, AD/CVD Operations, Office
III, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482-7814.
SUPPLEMENTARY INFORMATION:
Background
On January 13, 2017, the Department initiated the eighth
administrative review of the antidumping duty order on LWTP from the
PRC on three exporters: Formers, Sailing, and Xiandai.\1\ In the
Initiation Notice, the Department stated that all firms identified in
the notice that wished to qualify for separate rate status in the
administrative review must complete either a separate rate application
or certification, due to the Department no later than 30 calendar days
after the publication of the notice, i.e., February 13, 2017.\2\ None
of the respondents--Formers, Sailing, and Xiandai--timely submitted
either a complete separate rate application or separate rate
certification or a statement of ``no shipments'' during the POR.
Nevertheless, per our practice, on March 16, 2017, the Department
uploaded and released onto the administrative record of this proceeding
an antidumping questionnaire to each exporter, Formers, Sailing, and
Xiandai. However, due to an inadvertent oversight, the Department did
not issue a physical copy of the questionnaire to any respondent, as is
the Department's practice when foreign firms are not represented by
counsel in the United States or representatives thereof have not
otherwise contacted the Department, and thus, the Department was unable
to confirm whether parties received the questionnaire. Therefore, on
July 28, 2017, the Department reissued the antidumping questionnaire to
Formers, Sailing and Xiandai, served physical copies of the
questionnaires on all the respondents in accordance with its standard
practice, and extended the due date of the questionnaire response.\3\
On September 7, 2017, the Department requested a U.S. Customs and
Border Protection (CBP) data file of entries of subject merchandise
associated with Sailing, Formers or Xiandai during the POR. On
September 11, 2017, the Department received a response to its request
indicating there were no suspended AD/CVD entries associated with
Sailing, Formers or Xiandai during the POR.\4\ For a complete
description of the events that followed the initiation of
[[Page 56952]]
this administrative review, see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 4294 (January 13, 2017) (Initiation
Notice).
\2\ Id. at 4295.
\3\ See Memorandum, ``Due Date to Respond to the Department's
Initial Questionnaire,'' dated July 28, 2017.
\4\ See Memorandum, ``U.S. Customs and Border Protection Import
Data,'' dated September 11, 2017.
\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2015-2016 Antidumping Duty Administrative Review:
Lightweight Thermal Paper from the People's Republic of China''
(Preliminary Decision Memorandum), dated concurrently with and
hereby adopted by this notice.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order 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; \6\ with or without a base coat \7\
on one or both sides; with thermal active coating(s) \8\ 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; \9\ 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 order 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
4811.90.9050.10 11 Although HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
scope of this order is dispositive.
---------------------------------------------------------------------------
\6\ 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.
\7\ 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.
\8\ A thermal active coating is typically made of sensitizer,
dye, and co-reactant.
\9\ 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.
\10\ 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).
\11\ 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 www.usitc.gov. These HTSUS subheadings were added to
the scope of the order in LWTP's LTFV investigation.
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Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included in the
Appendix to this notice. The Preliminary 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). ACCESS is available to registered users at
https://access.trade.gov, and ACCESS is available to all parties in the
Central Records Unit, room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Separate Rates and Preliminary Results of Review
Because Sailing and Xiandai did not respond to the Department's
antidumping duty questionnaire, the Department preliminarily determines
that Sailing and Xiandai did not establish their eligibility for
separate rate status.
In its submissions to the Department, Formers submitted information
indicating that it made sales to U.S. customers during the POR which
includes subject merchandise, but Formers did not provide evidence of a
suspended entry of subject merchandise into the United States during
the POR. Further, our inquiry of the CBP data reported no suspended AD/
CVD entries of subject merchandise associated with Formers during the
POR. Accordingly, Formers did not establish its eligibility for
separate rate status.
Therefore, the Department preliminarily determines that these three
companies are part of the PRC-wide entity. Because no party requested a
review of the PRC-wide entity, the entity is not under review, and the
PRC-wide entity's rate of 115.29 percent from the investigation is not
subject to change.\12\ For additional information regarding this
determination, see the Preliminary Decision Memorandum.
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\12\ See Antidumping Duty Orders: Lightweight Thermal Paper from
Germany and the People's Republic of China, 73 FR 70959, 70960
(November 24, 2008).
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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.\13\ 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.\14\ 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.\15\ Parties submitting briefs should do so pursuant to the
Department's electronic filing system, ACCESS.\16\
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\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d)(1)-(2).
\15\ See 19 CFR 351.309(c)(2), (d)(2).
\16\ 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.\17\ 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, 1401 Constitution Avenue NW., Washington, DC
20230.\18\
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\17\ See 19 CFR 351.310(c).
\18\ 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. Because all three respondents are found to be
ineligible for a separate rate, the Department will instruct CBP to
liquidate all appropriate entries at 115.29 percent, i.e., the rate for
the PRC-wide entity. The Department intends to issue assessment
instructions to CBP 15
[[Page 56953]]
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 a separate rate
from the completed segment for the most recent period, the cash deposit
rate will continue to be the exporter-specific rate published for that
most recent period; (2) for all PRC exporters of subject merchandise
that have not been found to be entitled to a separate rate, the cash
deposit rate will be rate for the PRC-wide entity, 115.29 percent; and
(3) for all non-PRC exporters of subject merchandise which have not
received their own separate rate, the cash deposit rate will be the
rate applicable to the PRC exporter 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.
Notification to Interested Parties
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: November 27, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of the
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2017-25903 Filed 11-30-17; 8:45 am]
BILLING CODE 3510-DS-P