Thermal Paper From Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 26011-26013 [2021-09849]
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
Appendix
SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY
Net 4
subsidy
($/lb)
Program(s)
27 European Union Member States 5 ...................................
Canada ..................................................................................
Norway ..................................................................................
European Union Restitution Payments ................................
Export Assistance on Certain Types of Cheese ..................
Indirect (Milk) Subsidy ..........................................................
Consumer Subsidy ...............................................................
$0.00
0.46
0.00
0.00
$0.00
0.46
0.00
0.00
Total .....................................................................................
Deficiency Payments ............................................................
0.00
0.00
0.00
0.00
Switzerland ............................................................................
[FR Doc. 2021–10036 Filed 5–11–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–880]
Thermal Paper From Japan:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that thermal paper from Japan is being,
or is likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation is October 1,
2019, through September 30, 2020.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable May 12, 2021.
Alex
Wood, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1959.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
3 Defined
khammond on DSKJM1Z7X2PROD with NOTICES
Gross 3
subsidy
($/lb)
Country
in 19 U.S.C. 1677(5).
in 19 U.S.C. 1677(6).
5 The 27 member states of the European Union
are: Austria, Belgium, Bulgaria, Croatia, Cyprus,
Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Netherlands,
Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, and Sweden.
1 See Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Initiation of Less4 Defined
VerDate Sep<11>2014
17:58 May 11, 2021
Jkt 253001
(the Act). Commerce published the
notice of initiation of this investigation
on November 3, 2020.1 On February 25,
2021, Commerce postponed the
preliminary determination of this
investigation; the revised deadline is
now May 5, 2021.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included in Appendix
II 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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Scope of the Investigation
The products covered by this
investigation are thermal paper from
Japan. For a complete description of the
scope of this investigation, see
Appendix I.
product coverage comments and
rebuttal responses submitted on the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value is
calculated in accordance with section
773 of the Act. In addition, Commerce
has relied on partial facts available
under section 776(a)(1) of the Act. For
a full description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that, in the
preliminary determination, Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
Than-Fair-Value Investigations, 85 FR 69580
(November 3, 2020) (Initiation Notice).
2 See Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 86 FR 11502 (February 25,
2021).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Thermal Paper from
Japan,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Thermal Paper from
Germany, Japan, the Republic of Korea, and Spain:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated concurrently
with this notice (Preliminary Scope Decision
Memorandum).
Scope Comments
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Nippon Paper Industries Co.,
Ltd. (NPI), the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for NPI is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Nippon Paper Industries Co.,
Ltd./Nippon Paper Papylia
Co., Ltd 7 .................................
All-Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
35.71
35.71
khammond on DSKJM1Z7X2PROD with NOTICES
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondent listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
7 Commerce
preliminarily determines that
Nippon Paper Industries Co, Ltd. and Nippon Paper
Papylia Co., Ltd. are a single entity. See Preliminary
Decision Memorandum.
VerDate Sep<11>2014
18:59 May 11, 2021
Jkt 253001
estimated weighted-average dumping
margin.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Normally,
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
through alternative means in lieu of an
on-site verification.
Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance.
Interested parties will be notified of the
timeline for the submission of case
briefs and written comments at a later
date. Rebuttal briefs, limited to issues
raised in case briefs on non-scope
issues, may be submitted no later than
seven days after the deadline date for
case briefs.8 The deadlines for
submitting case and rebuttal briefs on
scope issues are identified in the
Preliminary Scope Decision
Memorandum. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
8 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 41363 (July 10,
2020).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, 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. Oral
presentations at the hearing 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.10
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners.11 Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by respondents for
postponement of a final AD
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On April 19, 2021, NPI requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.12 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
10 See
19 CFR 351.310(d).
petitioners are Appvion Operations, Inc.,
and Domtar Corporation.
12 See NPI’s Letter, ‘‘NPI’s Request to Postpone
the Final Determination,’’ dated April 19, 2021.
11 The
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: May 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—Scope of the Investigation
The scope of this investigation covers
thermal paper in the form of ‘‘jumbo rolls’’
and certain ‘‘converted rolls.’’ The scope
covers jumbo rolls and converted rolls of
thermal paper with or without a base coat
(typically made of clay, latex, and/or plastic
pigments, and/or like materials) on one or
both sides; with thermal active coating(s)
(typically made of sensitizer, dye, and coreactant, and/or like materials) on one or
both sides; with or without a top coat
(typically made of pigments, polyvinyl
alcohol, and/or like materials), and without
an adhesive backing. Jumbo rolls are defined
as rolls with an actual width of 4.5 inches or
more, an actual weight of 65 pounds or more,
and an actual diameter of 20 inches or more
(jumbo rolls). All jumbo rolls are included in
the scope regardless of the basis weight of the
paper. Also included in the scope are
‘‘converted rolls’’ with an actual width of less
than 4.5 inches, and with an actual basis
weight of 70 grams per square meter (gsm) or
less.
The scope of this investigation covers
thermal paper that is converted into rolls
with an actual width of less than 4.5 inches
and with an actual basis weight of 70 gsm or
less in third countries from jumbo rolls
produced in the subject countries.
The merchandise subject to this
investigation may be classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings
4811.90.8030 and 4811.90.9030. Although
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Discussion of the Methodology
VII. Application of Facts Available
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2021–09849 Filed 5–11–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB081]
Marine Mammals and Endangered
Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits and
permit amendments.
AGENCY:
Notice is hereby given that
permits and permit amendments have
been issued to the following entities
under the Marine Mammal Protection
Act (MMPA) and the Endangered
Species Act (ESA), as applicable.
ADDRESSES: The permits and related
documents are available for review
upon written request via email to
NMFS.Pr1Comments@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Amy Hapeman (Permit No. 25498),
Shasta McClenahan, Ph.D. (Permit Nos.
22306 and 23675), Jennifer Skidmore
(Permit No. 23960 and 24395), Courtney
Smith, Ph.D. (Permit No. 24378), and
Sara Young (Permit No. 23188–01); at
(301) 427–8401.
SUPPLEMENTARY INFORMATION: Notices
were published in the Federal Register
on the dates listed below that requests
for a permit or permit amendment had
been submitted by the below-named
applicants. To locate the Federal
Register notice that announced our
receipt of the application and a
complete description of the activities, go
to www.federalregister.gov and search
on the permit number provided in Table
1 below.
SUMMARY:
khammond on DSKJM1Z7X2PROD with NOTICES
TABLE 1—ISSUED PERMITS AND PERMIT AMENDMENTS
Previous Federal Register
notice
Permit No.
RTID
Applicant
22306 .........
0648–XA897 .....
23188–01 ...
0648–XA896 .....
23675 .........
0648–XA897 .....
23960 .........
0648–XA912 .....
24378 .........
0648–XA897 .....
24395 .........
648–XA893 .......
NMFS Southwest Fisheries Science Center, 8901 La Jolla
Shores Drive, La Jolla, CA 92037 (Responsible Party:
David W. Weller, Ph.D.).
Institute of Marine Sciences, University of California at
Santa Cruz, 130 McAllister Way, Santa Cruz, CA 95060
(Responsible Party: Daniel Costa, Ph.D.).
Brianna Witteveen, Ph.D., University of Alaska Fairbanks,
118 Trident Way, Kodiak, AK 99615.
Minnesota Zoological Gardens, 13000 Zoo Boulevard,
Apple Valley, MN 55124 (Responsible Party: Tony Fisher).
University of Alaska Southeast—Sitka Campus, 1332 Seward Avenue Sitka, AK 99835 (Responsible Party: Janice
Straley).
Lorrie Rea, Ph.D., University of Alaska Fairbanks, 1764
Tanana Loop ELIF Suite 240, Fairbanks, AK 99775.
VerDate Sep<11>2014
17:58 May 11, 2021
Jkt 253001
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Issuance date
86 FR 11729; February 26,
2021.
April 21, 2021.
86 FR 11930; March 1, 2021
April 27, 2021.
86 FR 11729; February 26,
2021.
86 FR 12918; March 5, 2021
April 13, 2021.
86 FR 11729; February 26,
2021.
April 29, 2021.
86 FR 11730; February 26,
2021.
April 15, 2021.
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April 30, 2021.
]]>Agencies
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26011-26013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09849]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-880]
Thermal Paper From Japan: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that thermal paper from Japan is being, or is likely to be, sold in the
United States at less than fair value (LTFV). The period of
investigation is October 1, 2019, through September 30, 2020.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable May 12, 2021.
FOR FURTHER INFORMATION CONTACT: Alex Wood, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1959.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on November 3,
2020.\1\ On February 25, 2021, Commerce postponed the preliminary
determination of this investigation; the revised deadline is now May 5,
2021.\2\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included in Appendix II 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. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\1\ See Thermal Paper from Germany, Japan, the Republic of
Korea, and Spain: Initiation of Less-Than-Fair-Value Investigations,
85 FR 69580 (November 3, 2020) (Initiation Notice).
\2\ See Thermal Paper from Germany, Japan, the Republic of
Korea, and Spain: Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 86 FR 11502 (February 25,
2021).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Thermal
Paper from Japan,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are thermal paper from
Japan. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted on the record for this investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\6\ Commerce is
not preliminarily modifying the scope language as it appeared in the
Initiation Notice. See the scope in Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Scope Comments Decision Memorandum for
the Preliminary Determinations,'' dated concurrently with this
notice (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value is calculated in accordance with section 773 of the Act.
In addition, Commerce has relied on partial facts available under
section 776(a)(1) of the Act. For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in
the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any
[[Page 26012]]
zero and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Nippon Paper Industries Co., Ltd. (NPI), the only
individually examined exporter/producer in this investigation. Because
the only individually calculated dumping margin is not zero, de
minimis, or based entirely on facts otherwise available, the estimated
weighted-average dumping margin calculated for NPI is the margin
assigned to all other producers and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
---------------------------------------------------------------------------
\7\ Commerce preliminarily determines that Nippon Paper
Industries Co, Ltd. and Nippon Paper Papylia Co., Ltd. are a single
entity. See Preliminary Decision Memorandum.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Nippon Paper Industries Co., Ltd./Nippon Paper Papylia Co., 35.71
Ltd 7......................................................
All-Others.................................................. 35.71
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondent listed above will be equal
to the company-specific estimated weighted-average dumping margin
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.
Interested parties will be notified of the timeline for the submission
of case briefs and written comments at a later date. Rebuttal briefs,
limited to issues raised in case briefs on non-scope issues, may be
submitted no later than seven days after the deadline date for case
briefs.\8\ The deadlines for submitting case and rebuttal briefs on
scope issues are identified in the Preliminary Scope Decision
Memorandum. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\9\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
investigation are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, 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. Oral
presentations at the hearing 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.\10\
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\10\ See 19 CFR 351.310(d).
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Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners.\11\ Pursuant to 19 CFR 351.210(e)(2), Commerce
requires that requests by respondents for postponement of a final AD
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
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\11\ The petitioners are Appvion Operations, Inc., and Domtar
Corporation.
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On April 19, 2021, NPI requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\12\ In accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of
[[Page 26013]]
publication of this preliminary determination.
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\12\ See NPI's Letter, ``NPI's Request to Postpone the Final
Determination,'' dated April 19, 2021.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of this investigation covers thermal paper in the form
of ``jumbo rolls'' and certain ``converted rolls.'' The scope covers
jumbo rolls and converted rolls of thermal paper with or without a
base coat (typically made of clay, latex, and/or plastic pigments,
and/or like materials) on one or both sides; with thermal active
coating(s) (typically made of sensitizer, dye, and co-reactant, and/
or like materials) on one or both sides; with or without a top coat
(typically made of pigments, polyvinyl alcohol, and/or like
materials), and without an adhesive backing. Jumbo rolls are defined
as rolls with an actual width of 4.5 inches or more, an actual
weight of 65 pounds or more, and an actual diameter of 20 inches or
more (jumbo rolls). All jumbo rolls are included in the scope
regardless of the basis weight of the paper. Also included in the
scope are ``converted rolls'' with an actual width of less than 4.5
inches, and with an actual basis weight of 70 grams per square meter
(gsm) or less.
The scope of this investigation covers thermal paper that is
converted into rolls with an actual width of less than 4.5 inches
and with an actual basis weight of 70 gsm or less in third countries
from jumbo rolls produced in the subject countries.
The merchandise subject to this investigation may be classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 4811.90.8030 and 4811.90.9030. Although HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this investigation is
dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Discussion of the Methodology
VII. Application of Facts Available
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2021-09849 Filed 5-11-21; 8:45 am]
BILLING CODE 3510-DS-P
