Thermal Paper From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 26007-26009 [2021-09966]
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
commercial activities between the
United States and Africa. Priority may
be given to active executives (Chief
Executive Officer, Executive Chairman,
President or comparable level of
responsibility). Appointments to the
Advisory Council shall be made without
regard to political affiliation.
The Secretary appoints the members
of the Advisory Council in consultation
with the Trade Promotion Coordinating
Committee (TPCC), a Federal
interagency group led by the Secretary
and tasked with coordinating export
promotion and export financing
activities of the U.S. Government and
development of a government-wide
strategic plan to carry out such
activities. Members shall serve a term of
two years, at the pleasure of the
Secretary.
Members shall serve in a
representative capacity, representing the
views and interests of their particular
industry sector. Advisory Council
members are not special government
employees, and will receive no
compensation for their participation in
Advisory Council activities. Members
participating in Advisory Council
meetings and events will be responsible
for their travel, living and other
personal expenses. Meetings will be
held regularly and, to the extent
practical, not less than twice annually,
in Washington, DC, or other locations as
feasible. Teleconference meetings may
also be held as needed.
To be considered for membership,
submit the following information by
5:00 p.m. EDT on June 25, 2021 to the
email address listed in the ADDRESSES
section:
1. Name and title of the individual
requesting consideration.
2. A sponsor letter from the applicant
on his or her company letterhead
containing a brief statement of why the
applicant should be considered for
membership on the Advisory Council.
This sponsor letter should also address
the applicant’s experience and
leadership related to trade, investment,
financing, development, or other
commercial activities between the
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3. The applicant’s personal resume
and short bio (less than 300 words).
4. An affirmative statement that the
applicant meets all eligibility criteria,
including an affirmative statement that
the applicant is not required to register
as a foreign agent under the Foreign
Agents Registration Act of 1938, as
amended.
5. Information regarding the
ownership and control of the company,
including the stock holdings as
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appropriate, signifying compliance with
the criteria set forth above.
6. The company’s size, product or
service line, and major markets in
which the company operates.
7. A profile of the company’s trade,
investment, development, finance,
partnership, or other commercial
activities in or with African markets.
8. Brief statement describing how the
applicant will contribute to the work of
the Advisory Council based on his or
her unique experience and perspective
(not to exceed 100 words).
Frederique Stewart,
Director, Office of Africa.
[FR Doc. 2021–09979 Filed 5–11–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
26007
on November 3, 2020.1 On February 25,
2021, Commerce postponed the
deadline for the preliminary
determination in 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 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
[A–580–911]
Thermal Paper From the Republic of
Korea: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Preliminary Affirmative
Determination of Critical
Circumstances, 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 the Republic of
Korea (Korea) 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:
Kristen Ju or Aleksandras Nakutis, 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) 482–3699 or (202) 482–3147,
respectively.
AGENCY:
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
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The products covered by this
investigation are thermal paper from
Korea. 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
rebuttals submitted on the record of 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
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 (February 25,
2021).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Thermal Paper from the
Republic of Korea,’’ 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)
(Preamble).
5 See Initiation Notice, 85 FR at 69581.
6 See Memorandum, ‘‘Thermal Paper from
Germany, Japan, the Republic of Korea, and Spain:
Preliminary Scope Decision,’’ dated May 5, 2021.
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
Exporter/producer
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce calculated
export prices in accordance with section
772(a) of the Act and constructed export
prices in accordance with section 772(b)
of the Act. Commerce calculated normal
value 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 Hansol Paper
Company (Hansol Paper) and all other
producers and exporters in Korea. For a
full description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum.
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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 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
dumping margins, and any dumping
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Hansol Paper, 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, we assigned the
estimated weighted-average dumping
margin that we calculated for Hansol
Paper to all other producers and
exporters in Korea, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
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Hansol Paper Company .............
All-Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
6.19
6.19
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 described in Appendix I
on and after the date identified below.
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 allothers estimated weighted-average
dumping margin.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of: (a) The date which is
90 days before the date on which the
suspension of liquidation was first
ordered; or (b) the date on which the
notice of initiation of the investigation
was published. As noted above,
Commerce preliminarily finds that
critical circumstances exist for imports
of subject merchandise produced and
exported by Hansol Paper and all other
exporters and producers in Korea. In
accordance with section 733(e)(2)(A) of
the Act, the suspension of liquidation
shall apply to unliquidated entries of
shipments of subject merchandise from
Hansol Paper and all other exporters
and producers in Korea that were
entered, or withdrawn from warehouse,
for consumption on or after the date
which is 90 days before the date of
publication of this notice in the Federal
Register.
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These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
preliminary calculations and related
analysis to interested parties within five
days of any public announcement of the
preliminary determination or, if there is
no public announcement, within five
days of the date of publication of this
notice in the Federal Register 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. A
timeline for the submission of case
briefs and written comments on nonscope issues will be provided to
interested parties later. 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
(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;
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).
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
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(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 in the
Federal Register. Requests for a hearing
should contain: (1) The requesting
party’s name, address, and telephone
number; (2) the number of individuals
from the requesting party’s firm that
will attend the hearing, including
whether any participant is a foreign
national; and (3) a list of the issues the
party intends to discuss at the hearing.
If a request for a hearing is made,
Commerce intends to hold the hearing
at a time and date to be determined.
Parties should confirm by telephone the
date and time of the hearing two days
before the scheduled hearing date.
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 in the
Federal Register 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 petitioner. Section 351.210(e)(2)
of Commerce’s regulations requires that
a request by exporters for postponement
of the final determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On April 19, 2021, pursuant to 19
CFR 351.210(e), Hansol Paper requested
that Commerce postpone the final
determination and that provisional
measures be extended not more than six
months.9 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
9 See Hansol Paper’s Letter, ‘‘Thermal Paper
Products from the Republic of Korea: Request for
Postponement of Final Determination and
Extension of Provisional Measures Period,’’ dated
April 19, 2021.
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17:58 May 11, 2021
Jkt 253001
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 in the Federal Register.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its affirmative 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 Commerce’s final
determination whether subject 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
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26009
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. Critical Circumstances
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2021–09966 Filed 5–11–21; 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:
Rescission of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 12, 2021.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the 2019–
2020 antidumping duty (AD)
administrative review of lightweight
thermal paper (LWTP) from the People’s
Republic of China (China) based on a
timely request for withdrawal. The
period of review (POR) is November 1,
2019, through October 31, 2020.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla, 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) 482–4956.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 3, 2020, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the AD order
on LWTP from China.1 Commerce
received a timely-filed request from
Appvion, Inc. (Appvion), a domestic
interested party and the petitioner in the
underlying investigation, for an
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 69586
(November 3, 2020).
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]]>Agencies
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26007-26009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09966]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-911]
Thermal Paper From the Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Affirmative
Determination of Critical Circumstances, 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 the Republic of Korea (Korea) 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: Kristen Ju or Aleksandras Nakutis, 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) 482-3699 or (202)
482-3147, respectively.
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 determination in 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 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 the Republic of Korea,'' 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
Korea. 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 rebuttals submitted on the record of 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
[[Page 26008]]
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) (Preamble).
\5\ See Initiation Notice, 85 FR at 69581.
\6\ See Memorandum, ``Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Preliminary Scope Decision,'' dated
May 5, 2021.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated export prices in accordance
with section 772(a) of the Act and constructed export prices in
accordance with section 772(b) of the Act. Commerce calculated normal
value 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
Hansol Paper Company (Hansol Paper) and all other producers and
exporters in Korea. 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 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 dumping margins, and any dumping margins determined entirely
under section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Hansol Paper, 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, we assigned the estimated weighted-average
dumping margin that we calculated for Hansol Paper to all other
producers and exporters in Korea, 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)
------------------------------------------------------------------------
Hansol Paper Company........................................ 6.19
All-Others.................................................. 6.19
------------------------------------------------------------------------
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 described in Appendix I on and after
the date identified below. 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.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
The date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which the notice of
initiation of the investigation was published. As noted above, Commerce
preliminarily finds that critical circumstances exist for imports of
subject merchandise produced and exported by Hansol Paper and all other
exporters and producers in Korea. In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
unliquidated entries of shipments of subject merchandise from Hansol
Paper and all other exporters and producers in Korea that were entered,
or withdrawn from warehouse, for consumption on or after the date which
is 90 days before the date of publication of this notice in the Federal
Register.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose its preliminary calculations and
related analysis to interested parties within five days of any public
announcement of the preliminary determination or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register 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. A
timeline for the submission of case briefs and written comments on non-
scope issues will be provided to interested parties later. 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 (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;
[[Page 26009]]
(2) a brief summary of the argument; and (3) a table of authorities.
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\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).
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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 in the Federal Register.
Requests for a hearing should contain: (1) The requesting party's name,
address, and telephone number; (2) the number of individuals from the
requesting party's firm that will attend the hearing, including whether
any participant is a foreign national; and (3) a list of the issues the
party intends to discuss at the hearing. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date and time of
the hearing two days before the scheduled hearing date.
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 in the Federal Register
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 petitioner. Section 351.210(e)(2) of
Commerce's regulations requires that a request by exporters for
postponement of the final 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, pursuant to 19 CFR 351.210(e), Hansol Paper
requested that Commerce postpone the final determination and that
provisional measures be extended not more than six months.\9\ 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 in the Federal
Register.
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\9\ See Hansol Paper's Letter, ``Thermal Paper Products from the
Republic of Korea: Request for Postponement of Final Determination
and Extension of Provisional Measures Period,'' 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 affirmative 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 Commerce's final
determination whether subject 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. Critical Circumstances
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2021-09966 Filed 5-11-21; 8:45 am]
BILLING CODE 3510-DS-P
