Thermal Paper From Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 26003-26006 [2021-09967]
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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
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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.
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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).
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
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
The products covered by this
investigation are thermal paper from
Spain. 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 in the
Initiation Notice we 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 appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
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Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to sections
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
Spain,’’ 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 69580, 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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776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available to assign an
estimated weighted-average dumping
margin to the sole mandatory
respondent in this investigation,
Torraspapel S.A. (Torraspapel) because
Torraspapel failed to submit a full
response to Commerce’s antidumping
duty questionnaire. Furthermore,
Commerce is preliminarily determining
that Torraspapel failed to cooperate by
not acting to the best of its ability to
comply with a request for information
and is using an adverse inference when
selecting from among the facts
otherwise available (i.e., is basing
Torraspapel’s dumping margin on total
adverse facts available (AFA), in
accordance with section 776(b) of 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 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.
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all
exporters and producers individually
examined are zero, de minimis or
determined based entirely on facts
otherwise available, Commerce may use
any reasonable method to establish the
estimated weighted-average dumping
margin for all-other producers or
exporters. Commerce has preliminarily
determined the estimated weightedaverage dumping margin for the sole
mandatory respondent, Torraspapel,
under section 776 of the Act.
Consequently, pursuant to section
735(c)(5)(B) of the Act, Commerce’s
normal practice under these
circumstances has been to calculate the
‘‘all-others’’ ’ rate as a simple average of
the alleged dumping margins from the
petition.7 For a full description of the
7 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 21909,
21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and
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methodology underlying Commerce’s
analysis, see the Preliminary Decision
Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Torraspapel S.A ..........................
All others .....................................
Dumping
margin
(percent)
41.45
37.07
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 the
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
accompanying Issues and Decision Memorandum at
Comment 2; see also Notice of Final Determination
of Sales at Less Than Fair Value: Raw Flexible
Magnets from Taiwan, 73 FR 39673, 39674 (July 10,
2008); Steel Threaded Rod from Thailand:
Preliminary Determination of Sales at Less Than
Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR
79670, 79671 (December 31, 2013), unchanged in
Steel Threaded Rod from Thailand: Final
Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical
Circumstances, 79 FR 14476, 14477 (March 14,
2014); Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Thermal Paper From Germany, Japan, Korea, and
Spain,’’ dated October 7, 2020 at Volume V;
Petitioners’ Letter, ‘‘Response of Petitioners to
Volumes I–V Supplemental Questionnaires:
Thermal Paper from Germany, Japan, Korea, and
Spain,’’ dated October 16, 2020 at section
‘‘Petitioners’ Responses to Supplemental Questions
Regarding Volume V’’; and Checklist, ‘‘Enforcement
and Compliance Office of AD/CVD Operations
Antidumping Duty Investigation Initiation
Checklist: Thermal Paper from Spain,’’ dated
October 27, 2020.
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estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
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 the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to the
mandatory respondent in this
investigation, Torraspapel, in
accordance with section 776 of the Act,
and the AFA dumping margin is based
solely on the petition, there are no
calculations to disclose.
Verification
Because the mandatory respondent in
this investigation did not act to the best
of its ability to provide information
requested by Commerce, and Commerce
preliminarily determined that the
mandatory respondent is uncooperative,
we will not conduct verification.
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Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance no later
than 21 days after the date of
publication of the preliminary
determination in the Federal Register.8
Rebuttal briefs on non-scope issues,
limited to issues raised in case briefs on
non-scope issues, may be submitted no
later than seven days after the deadline
for case briefs.9 The deadlines for
submitting case and rebuttal briefs on
scope issues are 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.10 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
8 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements). Commerce
has exercised its discretion under 19 CFR
351.309(c)(1)(i) to alter the time limit for
submission of case briefs.
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
10 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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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 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 individual 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 27, 2021, pursuant to 19
CFR 351.210(e), Torraspapel requested
that Commerce postpone the final
determination and that provisional
measures be extended not more than 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
11 See Torraspapel’s Letter, ‘‘Thermal Paper from
Spain; AD Investigation; Request for Postponement
of Final Determination and Extension of Provisional
Measures Period,’’ dated April 27, 2021.
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26005
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.
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
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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. Application of Facts Available, Use of
Adverse Inferences, and Calculation of
All-Others Rate
VII. Recommendation
[FR Doc. 2021–09967 Filed 5–11–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
President’s Advisory Council on Doing
Business in Africa
U.S. Department of Commerce,
International Trade Administration.
ACTION: Notice of an opportunity to
apply for membership on the President’s
Advisory Council on Doing Business in
Africa.
AGENCY:
The Department of Commerce
is currently seeking applications for
membership on the 2021–2023 term of
the President’s Advisory Council
(Advisory Council) on Doing Business
in Africa. The purpose of the Advisory
Council is to advise the President
through the Secretary of Commerce on
strengthening commercial engagement
between the United States and Africa.
This term, the Secretary is particularly
interested in advice on advancing
President Biden’s strategy for Africa.
DATES: All applications for immediate
consideration for appointment must be
received by the Office of Africa by 5:00
p.m. Eastern Daylight Time (EDT) on
June 25, 2021. After that date, the
International Trade Administration
(ITA) will continue to accept
applications under this notice for a
period of up to two years from the
deadline to fill any vacancies that may
arise.
ADDRESSES: Please submit applications
by email to dbia@trade.gov, attention:
Ashley Bubna and Giancarlo Cavallo,
Designated Federal Officers, President’s
Advisory Council on Doing Business in
Africa, Office of Africa.
FOR FURTHER INFORMATION CONTACT:
Ashley Bubna and Giancarlo Cavallo,
Designated Federal Officers, President’s
Advisory Council on Doing Business in
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SUMMARY:
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17:58 May 11, 2021
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Africa, telephone: 202–250–9798 (Ms.
Bubna) and 202–766–8044 (Mr.
Cavallo), email: dbia@trade.gov,
Ashley.Bubna@trade.gov, and
Giancarlo.Cavallo@trade.gov.
SUPPLEMENTARY INFORMATION: The
President’s Advisory Council on Doing
Business in Africa (Advisory Council)
was established pursuant to Executive
Order No. 13675 dated August 5, 2014,
and continued by Executive Order
13889 until September 30, 2021. The
Advisory Council was established in
accordance with the provisions of the
Federal Advisory Committee Act
(FACA), as amended, 5 U.S.C. App., to
advise the President through the
Secretary of Commerce (Secretary) on
strengthening commercial engagement
between the United States and Africa.
The Department of Commerce,
International Trade Administration,
Office of Africa, is accepting
applications for Advisory Council
members. The Advisory Council shall
provide information, analysis, and
recommendations to the President that
address the following, in addition to
other topics deemed relevant by the
President, the Secretary, or the Advisory
Council:
(i) Creating jobs in the United States
and Africa through trade and
investment;
(ii) developing strategies by which the
U.S. private sector can identify and take
advantage of trade and investment
opportunities in Africa;
(iii) building lasting commercial
partnerships between the U.S. and
African private sectors;
(iv) facilitating U.S. business
participation in Africa’s infrastructure
development;
(v) contributing to the growth and
improvement of Africa’s agricultural
sector by encouraging partnerships
between U.S. and African companies to
bring innovative agricultural
technologies to Africa;
(vi) making available to the U.S.
private sector an accurate understanding
of the opportunities presented for
increasing trade with and investment in
Africa;
(vii) developing and strengthening
partnerships and other mechanisms to
increase U.S. public and private sector
financing of trade with and investment
in Africa;
(viii) analyzing the effect of policies
in the United States and Africa on U.S.
trade and investment interests in Africa;
(ix) identifying other means to expand
commercial ties between the United
States and Africa; and
(x) building the capacity of Africa’s
young entrepreneurs to develop trade
and investment ties with U.S. partners.
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Executive Order 13675, as amended,
provides that the Advisory Council shall
consist of not more than 26 private
sector corporate members, including
small businesses and representatives
from infrastructure, agriculture,
consumer goods, banking, services, and
other industries. The Secretary of
Commerce intends to make
appointments under this notice up to
the current number of Advisory Council
members, consistent with the Executive
Order and the Advisory Council charter.
The Advisory Council shall be
broadly representative of the key
industries with business interests in the
functions of the Advisory Council as set
forth above. Each Advisory Council
member shall serve as the representative
of a U.S. company engaged in activities
involving trade, investment,
development or finance with African
markets. The Department particularly
seeks applicants who are active
executives (Chief Executive Officer,
Executive Chairman, President or
comparable level of responsibility);
however, for very large companies, a
person having substantial responsibility
for the company’s commercial activities
in Africa may be considered.
For eligibility purposes, a ‘‘U.S.
company’’ is a for-profit firm
incorporated in the United States or
with its principal place of business in
the United States that is (a) majority
controlled (more than 50 percent
ownership interest and/or voting stock)
by U.S. citizens or by another U.S.
entity or (b) majority controlled (more
than 50 percent ownership interest and/
or voting stock) directly or indirectly by
a foreign parent company. Members are
not required to be a U.S. citizen;
however, members may not be
registered as a foreign agent under the
Foreign Agents Registration Act.
Additionally, no member shall represent
a company that is majority owned or
controlled by a foreign government
entity or entities.
Members of the Advisory Council will
be selected, in accordance with
applicable Department of Commerce
guidelines, based on their ability to
carry out the objectives of the Advisory
Council as set forth above. Members
shall be selected in a manner that
ensures that the Advisory Council is
balanced in terms of points of view,
industry subsector, activities in and
with African markets, range of products
and services, demographics, geography,
and company size. Additional factors
which will be considered in the
selection of Advisory Council members
include candidates’ proven leadership
and experience in the trade, investment,
financing, development, or other
E:\FR\FM\12MYN1.SGM
12MYN1
]]>Agencies
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26003-26006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09967]
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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
AGENCY: 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.
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
[[Page 26004]]
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/.
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\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 Spain,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are thermal paper from
Spain. 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\ in
the Initiation Notice we 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
appeared in the Initiation Notice. See the scope in Appendix I to this
notice.
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\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 85 FR 69580, 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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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available to
assign an estimated weighted-average dumping margin to the sole
mandatory respondent in this investigation, Torraspapel S.A.
(Torraspapel) because Torraspapel failed to submit a full response to
Commerce's antidumping duty questionnaire. Furthermore, Commerce is
preliminarily determining that Torraspapel failed to cooperate by not
acting to the best of its ability to comply with a request for
information and is using an adverse inference when selecting from among
the facts otherwise available (i.e., is basing Torraspapel's dumping
margin on total adverse facts available (AFA), in accordance with
section 776(b) of 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 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.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all-other producers or exporters. Commerce has preliminarily
determined the estimated weighted-average dumping margin for the sole
mandatory respondent, Torraspapel, under section 776 of the Act.
Consequently, pursuant to section 735(c)(5)(B) of the Act, Commerce's
normal practice under these circumstances has been to calculate the
``all-others'' ' rate as a simple average of the alleged dumping
margins from the petition.\7\ For a full description of the methodology
underlying Commerce's analysis, see the Preliminary Decision
Memorandum.
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\7\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014); Petitioners' Letter, ``Petitions for
the Imposition of Antidumping Duties on Imports of Thermal Paper
From Germany, Japan, Korea, and Spain,'' dated October 7, 2020 at
Volume V; Petitioners' Letter, ``Response of Petitioners to Volumes
I-V Supplemental Questionnaires: Thermal Paper from Germany, Japan,
Korea, and Spain,'' dated October 16, 2020 at section ``Petitioners'
Responses to Supplemental Questions Regarding Volume V''; and
Checklist, ``Enforcement and Compliance Office of AD/CVD Operations
Antidumping Duty Investigation Initiation Checklist: Thermal Paper
from Spain,'' dated October 27, 2020.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Torraspapel S.A............................................. 41.45
All others.................................................. 37.07
------------------------------------------------------------------------
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 the 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
[[Page 26005]]
estimated weighted-average dumping margin. These suspension of
liquidation instructions will remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a 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 the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the mandatory respondent in this investigation, Torraspapel, in
accordance with section 776 of the Act, and the AFA dumping margin is
based solely on the petition, there are no calculations to disclose.
Verification
Because the mandatory respondent in this investigation did not act
to the best of its ability to provide information requested by
Commerce, and Commerce preliminarily determined that the mandatory
respondent is uncooperative, we will not conduct verification.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than 21 days after the date of publication of the preliminary
determination in the Federal Register.\8\ Rebuttal briefs on non-scope
issues, limited to issues raised in case briefs on non-scope issues,
may be submitted no later than seven days after the deadline for case
briefs.\9\ The deadlines for submitting case and rebuttal briefs on
scope issues are 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.\10\ 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.
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\8\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements). Commerce has exercised its discretion
under 19 CFR 351.309(c)(1)(i) to alter the time limit for submission
of case briefs.
\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\10\ 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 individual 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 27, 2021, pursuant to 19 CFR 351.210(e), Torraspapel
requested that Commerce postpone the final determination and that
provisional measures be extended not more than 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 in the Federal
Register.
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\11\ See Torraspapel's Letter, ``Thermal Paper from Spain; AD
Investigation; Request for Postponement of Final Determination and
Extension of Provisional Measures Period,'' dated April 27, 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
[[Page 26006]]
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. Application of Facts Available, Use of Adverse Inferences, and
Calculation of All-Others Rate
VII. Recommendation
[FR Doc. 2021-09967 Filed 5-11-21; 8:45 am]
BILLING CODE 3510-DS-P
