Thermal Paper From Germany: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances in Part, Postponement of Final Determination, and Extension of Provisional Measures, 26001-26003 [2021-09965]
Download as PDF
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
extension and the original unit will
share common frame elements (e.g., two
posts). The term ‘‘boltless’’ refers to
steel shelving in which the vertical and
horizontal supports forming the frame
are assembled primarily without the use
of nuts and bolts or screws. The vertical
and horizontal support members for
boltless steel shelving are assembled by
methods such as, but not limited to,
fitting a rivet, punched or cut tab or
other similar connector on one support
into a hole, slot or similar receptacle on
another support. The supports lock
together to form the frame for the
shelving unit and provide the structural
integrity of the shelving unit separate
from the inclusion of any decking. The
incidental use of nuts and bolts or
screws to add accessories, wall anchors,
tie-bars or shelf supports does not
remove the product from scope. Boltless
steel shelving units may also come
packaged as partially assembled, such as
when two upright supports are welded
together with front-to-back supports, or
are otherwise connected, to form an end
unit for the frame. The boltless steel
shelving covered by the Orders may be
commonly described as rivet shelving,
welded frame shelving, slot and tab
shelving, and punched rivet (quasirivet) shelving as well as by other trade
names. The term ‘‘deck’’ refers to the
shelf that sits on or fits into the
horizontal supports (beams or braces) to
provide the horizontal storage surface of
the shelving unit.
The scope includes all boltless steel
shelving meeting the description above,
regardless of: (1) Vertical support or
post type (including but not limited to
open post, closed post and tubing); (2)
horizontal support or beam/brace profile
(including but not limited to Z-beam, Cbeam, L-beam, step beam and cargo
rack); (3) number of supports; (4) surface
coating (including but not limited to
paint, epoxy, powder coating, zinc and
other metallic coating); (5) number of
levels; (6) weight capacity; (7) shape
(including but not limited to
rectangular, square, and corner units);
(8) decking material (including but not
limited to wire decking, particle board,
laminated board or no deck at all); or (9)
the boltless method by which vertical
and horizontal supports connect
(including but not limited to keyhole
and rivet, slot and tab, welded frame,
punched rivet and clip).
Specifically excluded from the scope
are:
• Wall-mounted shelving, defined as
shelving that is hung on the wall and
does not stand on, or transfer load to,
the floor;
• wire shelving units, which consist
of shelves made from wire that
VerDate Sep<11>2014
17:58 May 11, 2021
Jkt 253001
incorporates both a wire deck and wire
horizontal supports (taking the place of
the horizontal beams and braces) into a
single piece with tubular collars that
slide over the posts and onto plastic
sleeves snapped on the posts to create
the finished shelving unit;
• bulk-packed parts or components of
boltless steel shelving units; and
• made-to-order shelving systems.
Subject boltless steel shelving enters
under the United States through
Harmonized Tariff Schedule of the
United States (HTSUS) statistical
subheadings 9403.20.0018,
9403.20.0020, 9403.20.0025, and
9403.20.0026, but may also enter
through HTSUS 9403.10.0040. While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
Orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or a recurrence of dumping
and countervailable subsidies, as well as
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders.
U.S. Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise. The effective date of the
continuation of the Orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.281(c)(2), Commerce
intends to initiate the next five-year
reviews of the Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
Notification to Interested Parties
These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act and published
in accordance with section 777(i)(1) of
the Act and 19 CFR 351.218(f)(4).
Dated: May 6, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–09999 Filed 5–11–21; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
26001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–850]
Thermal Paper From Germany:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances in Part,
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 Germany 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.
FOR FURTHER INFORMATION CONTACT:
David Goldberger, 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) 482–4136.
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 and 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 included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
1 See Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Initiation of LessThan-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.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Thermal Paper from
Germany,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\12MYN1.SGM
12MYN1
26002
Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
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 product covered by this
investigation is thermal paper from
Germany. 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.
khammond on DSKJM1Z7X2PROD with NOTICES
Methodology
Commerce is conducting this
investigation in accordance with section
731 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.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances exist for Papierfabrik
August Koehler SE (Koehler), but not
the companies covered by the all-others
rate. For a full description of the
methodology and results of Commerce’s
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated concurrently with this notice (Scope
Comments Decision Memorandum).
VerDate Sep<11>2014
17:58 May 11, 2021
Jkt 253001
critical circumstances analysis, 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 weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
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 Koehler, 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 Koehler 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:
Estimated
weightedaverage
dumping
margin
(percent)
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
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
Papierfabrik August Koehler SE
2.78 Enforcement and Compliance.
All Others ....................................
2.78 Interested parties will be notified of the
timeline for the submission of case
briefs and written comments at a later
Suspension of Liquidation
date. Rebuttal briefs, limited to issues
In accordance with section 733(d)(2)
raised in case briefs on non-scope
of the Act, Commerce will direct U.S.
issues, may be submitted no later than
Customs and Border Protection (CBP) to seven days after the deadline date for
suspend liquidation of entries of subject case briefs.7 The deadlines for
merchandise, as described in Appendix submitting case and rebuttal briefs on
I, entered, or withdrawn from
scope issues are identified in the
warehouse, for consumption on or after
Preliminary Scope Decision
the date of publication of this notice in
Memorandum. Note that Commerce has
the Federal Register. Further, pursuant
temporarily modified certain of its
to section 733(d)(1)(B) of the Act and 19 requirements for serving documents
CFR 351.205(d), Commerce will instruct containing business proprietary
CBP to require a cash deposit equal to
information, until further notice.8
the estimated weighted-average
Pursuant to 19 CFR 351.309(c)(2) and
dumping margin, as follows: (1) The
cash deposit rate for the respondent
7 See 19 CFR 351.309; see also 19 CFR 351.303
listed above will be equal to the
(for general filing requirements).
8 See Temporary Rule Modifying AD/CVD Service
company-specific estimated weightedRequirements Due to COVID–19, 85 FR 17006
average dumping margin determined in
26, 2020); and Temporary Rule Modifying
this preliminary determination; (2) if the (March
AD/CVD Service Requirements Due to COVID–19;
exporter is not a respondent identified
Extension of Effective Period, 85 FR 41363 (July 10,
above, but the producer is, then the cash 2020).
PO 00000
Exporter/producer
Frm 00005
Fmt 4703
Sfmt 4703
E:\FR\FM\12MYN1.SGM
12MYN1
Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
(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.
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.9
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.10 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 14, 2021, Koehler requested
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.11 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
9 See
19 CFR 351.310(d).
petitioners are Appvion Operations, Inc.
and Domtar Corporation.
11 See Koehler’s Letter, ‘‘Koehler’s Request to
Extend the Antidumping Duty Final
Determination,’’ dated April 14, 2021.
10 The
VerDate Sep<11>2014
17:58 May 11, 2021
Jkt 253001
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
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.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
26003
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. Affirmative Preliminary Determination of
Critical Circumstances
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2021–09965 Filed 5–11–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–824]
Thermal Paper From Spain:
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 Spain is being,
or is likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is October
1, 2019, through September 30, 2020.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable May 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Abdul Alnoor, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4554.
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
deadline for the preliminary
1 See Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Initiation of LessThan-Fair-Value Investigations, 85 FR 69580
(November 3, 2020) (Initiation Notice).
E:\FR\FM\12MYN1.SGM
12MYN1
Agencies
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26001-26003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09965]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-850]
Thermal Paper From Germany: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Preliminary Affirmative Determination
of Critical Circumstances in Part, 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 Germany 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: David Goldberger, 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) 482-4136.
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 and 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 included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public
[[Page 26002]]
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.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Thermal
Paper from Germany,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is thermal paper from
Germany. 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, ``Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated concurrently with this notice
(Scope Comments Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 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. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances exist for
Papierfabrik August Koehler SE (Koehler), but not the companies covered
by the all-others rate. For a full description of the methodology and
results of Commerce's critical circumstances analysis, 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 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 Koehler, 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 Koehler 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:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Papierfabrik August Koehler SE.............................. 2.78
All Others.................................................. 2.78
------------------------------------------------------------------------
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, 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.\7\ 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.\8\ Pursuant to 19 CFR 351.309(c)(2)
and
[[Page 26003]]
(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.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\8\ 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).
---------------------------------------------------------------------------
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.\9\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
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.\10\ 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.
---------------------------------------------------------------------------
\10\ The petitioners are Appvion Operations, Inc. and Domtar
Corporation.
---------------------------------------------------------------------------
On April 14, 2021, Koehler requested that Commerce postpone the
final determination and that provisional measures be extended to a
period not to exceed six months.\11\ 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 publication of this preliminary
determination.
---------------------------------------------------------------------------
\11\ See Koehler's Letter, ``Koehler's Request to Extend the
Antidumping Duty Final Determination,'' dated April 14, 2021.
---------------------------------------------------------------------------
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. Affirmative Preliminary Determination of Critical Circumstances
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2021-09965 Filed 5-11-21; 8:45 am]
BILLING CODE 3510-DS-P