Thermal Paper From Germany: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 54152-54154 [2021-21301]
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54152
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
be made available in languages other
than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at https://
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and
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Submit your completed form or letter to
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DC 20250–9410 or email: OAC@
usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Robert Ibarra,
Commodity Credit Corporation, United States
Department of Agriculture.
[FR Doc. 2021–21368 Filed 9–29–21; 8:45 am]
BILLING CODE 3410–GL–P
DEPARTMENT OF COMMERCE
Limitations of Duty- and Quota-Free
Imports of Apparel Articles Assembled
in Beneficiary Sub-Saharan African
Countries From Regional and ThirdCountry Fabric
Committee for the
Implementation of Textile Agreements
(CITA), Commerce.
ACTION: Publishing the new 12-month
cap on duty- and quota-free benefits.
AGENCY:
Effective Date: The new
limitations become effective October 1,
2021.
FOR FURTHER INFORMATION CONTACT:
Thomas Newberg, International Trade
Specialist, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 510–3982 thomas.newberg@
trade.gov.
SUPPLEMENTARY INFORMATION: Authority:
Title I, Section 112(b)(3) of the Trade
and Development Act of 2000 (TDA
2000), Public Law (P.L.) 106–200, as
amended by Division B, Title XXI,
section 3108 of the Trade Act of 2002,
P.L. 107–210; Section 7(b)(2) of the
AGOA Acceleration Act of 2004, P.L.
108–274; Division D, Title VI, section
6002 of the Tax Relief and Health Care
Act of 2006 (TRHCA 2006), P.L. 109–
432, and section 1 of The African
Growth and Opportunity Amendments
(P.L. 112–163), August 10, 2012;
Presidential Proclamation 7350 of
October 2, 2000 (65 FR 59321);
LOTTER on DSK11XQN23PROD with NOTICES1
DATES:
VerDate Sep<11>2014
18:15 Sep 29, 2021
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Presidential Proclamation 7626 of
November 13, 2002 (67 FR 69459); and
Title I, Section 103(b)(2) and (3) of the
Trade Preferences Extension Act of
2015, P.L. 114–27, June 29, 2015.
Title I of TDA 2000 provides for dutyand quota-free treatment for certain
textile and apparel articles imported
from designated beneficiary subSaharan African countries. Section
112(b)(3) of TDA 2000 provides dutyand quota-free treatment for apparel
articles wholly assembled in one or
more beneficiary sub-Saharan African
countries from fabric wholly formed in
one or more beneficiary sub-Saharan
African countries from yarn originating
in the United States or one or more
beneficiary sub-Saharan African
countries. This preferential treatment is
also available for apparel articles
assembled in one or more lesserdeveloped beneficiary sub-Saharan
African countries, regardless of the
country of origin of the fabric used to
make such articles, subject to
quantitative limitation. P.L. 114–27
extended this special rule for lesserdeveloped countries through September
30, 2025.
The AGOA Acceleration Act of 2004
provides that the quantitative limitation
for the 12-month period beginning
October 1, 2021 will be an amount not
to exceed seven percent of the aggregate
square meter equivalents of all apparel
articles imported into the United States
in the preceding 12-month period for
which data are available. See Section
112(b)(3)(A)(ii)(I) of TDA 2000, as
amended by Section 7(b)(2)(B) of the
AGOA Acceleration Act of 2004. Of this
overall amount, apparel imported under
the special rule for lesser-developed
countries is limited to an amount not to
exceed 3.5 percent of all apparel articles
imported into the United States in the
preceding 12-month period. See Section
112(b)(3)(B)(ii)(II) of TDA 2000, as
amended by Section 6002(a)(3) of
TRHCA 2006. The Annex to Presidential
Proclamation 7350 of October 2, 2000
directed CITA to publish the aggregate
quantity of imports allowed during each
12-month period in the Federal
Register.
For the one-year period, beginning on
October 1, 2021, and extending through
September 30, 2022, the aggregate
quantity of imports eligible for
preferential treatment under these
provisions is 2,066,936,295 square
meters equivalent. Of this amount,
1,033,468,148 square meters equivalent
is available to apparel articles imported
under the special rule for lesserdeveloped countries. Apparel articles
entered in excess of these quantities will
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be subject to otherwise applicable
tariffs.
These quantities are calculated using
the aggregate square meter equivalents
of all apparel articles imported into the
United States, derived from the set of
Harmonized System lines listed in the
Annex to the World Trade Organization
Agreement on Textiles and Clothing
(ATC), and the conversion factors for
units of measure into square meter
equivalents used by the United States in
implementing the ATC.
Dated: September 27, 2021.
Paul E. Morris,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
[FR Doc. 2021–21314 Filed 9–29–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–850]
Thermal Paper From Germany: Final
Affirmative Determination of Sales at
Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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.
DATES: Applicable September 30, 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:
AGENCY:
Background
On May 12, 2021, Commerce
published in the Federal Register the
preliminary affirmative determination
in the LTFV investigation of thermal
paper from Germany, in which we also
postponed the final determination until
September 24, 2021.1 Commerce invited
1 See 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, 86 FR 26001 (May 12, 2021) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM); see also Thermal
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
interested parties to comment on the
Preliminary Determination. A summary
of the events that occurred since
Commerce published the Preliminary
Determination may be found in the
Issues and Decision Memorandum.2
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
On May 5, 2021, Commerce issued the
Preliminary Scope Decision
Memorandum.3 We received comments
from interested parties regarding the
Preliminary Scope Decision
Memorandum, which we addressed in
the Final General Scope Decision
Memorandum, and Final Germany
Scope Decision Memorandum.4
Commerce made no changes to the
scope of this investigation since the
Preliminary Determination.
LOTTER on DSK11XQN23PROD with NOTICES1
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
as Appendix II. The Issues and 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
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; Correction, 86 FR 26905 (May 18, 2021)
(correcting the suspension of liquidation
instructions in the Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of Sales at Less Than Fair Value in
the Antidumping Duty Investigation of Thermal
Paper from Germany,’’ dated concurrently with, and
herby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Preliminary Scope
Decision,’’ dated May 5, 2021 (Preliminary Scope
Decision Memorandum).
4 See Memorandum, ‘‘Thermal Paper from
Germany, Japan, the Republic of Korea, and Spain:
Final Decision on General Scope Issues: Final
Decision on General Scope Issues,’’ dated
concurrently with, and hereby adopted by, this
notice (Final General Scope Decision
Memorandum); and Memorandum, ‘‘Thermal Paper
from Germany: Final Scope Decision,’’ dated
concurrently with, and hereby adopted by, this
notice (Final Germany Scope Decision
Memorandum).
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18:15 Sep 29, 2021
Jkt 253001
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Tariff Act of 1930, as
amended (the Act). Constructed export
price is calculated in accordance with
section 772(b) of the Act. Normal value
is calculated in accordance with section
773 of the Act.
54153
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.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Act.5
Final Determination
Pursuant to section 735 of the Act, the
final estimated weighted-average
dumping margins are as follows:
Changes Since Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to Papierfabrik August Koehler
SE (Koehler)’s margin calculations. For
a discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
Papierfabrik August Koehler SE
All Others ....................................
Final Affirmative Determination of
Critical Circumstances, in Part
Consistent with the Preliminary
Determination, Commerce continues to
determine that critical circumstances
exist within the meaning of section
735(e) of the Act and 19 CFR 351.206 for
Koehler, but not the companies covered
by the all-others rate. For a discussion
of the issues raised regarding
Commerce’s affirmative critical
circumstances determination, see the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
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 or de minimis margins, and
margins determined entirely under
section 776 of the Act.
5 See Commerce’s Letter, In-Lieu of Verification
Questionnaire to Koehler, dated July 1, 2021;
Commerce’s Letter, In-Lieu of Verification
Questionnaire to Matra Americas, LLC (Matra),
dated July 6, 2021; Koehler’s Letter, ‘‘Koehler’s In
Lieu of On-site Verification Questionnaire
Response,’’ dated July 13, 2021; and Matra’s Letter,
‘‘Matra’s In Lieu of Onsite Verification
Questionnaire Response,’’ dated July 14, 2021.
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Fmt 4703
Sfmt 4703
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
2.90
2.90
Disclosure
We intend to disclose the calculations
performed in this final 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 to
parties in this proceeding in accordance
with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue the
suspension of liquidation of all entries
of subject merchandise, as described in
Appendix I, entered, or withdrawn from
warehouse, for consumption on or after
May 12, 2021, the date of publication in
the Federal Register of the affirmative
Preliminary Determination. Further, in
accordance with section 733(e)(2)(A) of
the Act, Commerce will instruct CBP to
continue the suspension of liquidation
of entries of subject merchandise, as
described in Appendix I, produced and/
or exported by Koehler which entered,
or were withdrawn from warehouse, for
consumption on or after February 11,
2021, which is 90 days before the date
of publication in the Federal Register of
the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
equal to the estimated weighted-average
dumping margin, as follows: (1) The
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54154
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
cash deposit rate for the respondent
listed above will be equal to the
company-specific estimated weightedaverage dumping margin determined in
this final 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
estimated weighted-average dumping
margin.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of this final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of thermal paper from
Germany no later than 45 days after this
final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, all cash deposits posted will
be refunded, and suspension of
liquidation will be lifted. If the ITC
determines that such injury does exist,
Commerce will issue an antidumping
duty order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
LOTTER on DSK11XQN23PROD with NOTICES1
Notification Regarding Administrative
Protective Orders
This notice will serve as a final
reminder to the parties subject to
administrative protection order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
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18:15 Sep 29, 2021
Jkt 253001
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are
issued and published in accordance
with sections 735(d) and 777(i)(1) of the
Act, and 19 CFR 351.210(c).
Dated: September 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Comment 6. Whether to Grant Certain
Home Market Post-Sale Price
Adjustments
Comment 7. Selection of U.S. Dollar ShortTerm Borrowing Rate
Comment 8. Calculation of U.S. Inventory
Carrying Costs
Comment 9. Whether to Exclude a U.S.
Sample Sale
Comment 10. Ministerial Errors in the
Preliminary Determination
V. Recommendation
[FR Doc. 2021–21301 Filed 9–29–21; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
Scope of the Investigation
The scope of this investigation covers
thermal paper in the form of ‘‘jumbo rolls’’
and certain ‘‘converted rolls.’’ The scope
covers jumbo rolls and converted rolls of
thermal paper with or without a base coat
(typically made of clay, latex, and/or plastic
pigments, and/or like materials) on one or
both sides; with thermal active coating(s)
(typically made of sensitizer, dye, and coreactant, and/or like materials) on one or
both sides; with or without a top coat
(typically made of pigments, polyvinyl
alcohol, and/or like materials), and without
an adhesive backing. Jumbo rolls are defined
as rolls with an actual width of 4.5 inches or
more, an actual weight of 65 pounds or more,
and an actual diameter of 20 inches or more
(jumbo rolls). All jumbo rolls are included in
the scope regardless of the basis weight of the
paper. Also included in the scope are
‘‘converted rolls’’ with an actual width of less
than 4.5 inches, and with an actual basis
weight of 70 grams per square meter (gsm) or
less.
The scope of this investigation covers
thermal paper that is converted into rolls
with an actual width of less than 4.5 inches
and with an actual basis weight of 70 gsm or
less in third countries from jumbo rolls
produced in the subject countries.
The merchandise subject to this
investigation may be classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings
4811.90.8030 and 4811.90.9030. Although
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
Appendix II
List of Sections Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Discussion of the Issues
Comment 1. Application of Cohen’s d Test
Comment 2. Critical Circumstances
Comment 3. Product Characteristic
Reporting for Certain Products
Comment 4. Whether to Apply Adverse
Facts Available for Sales of Certain
Products
Comment 5. Whether to Make an
Adjustment for Interest on Unpaid
Antidumping Duties
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–911]
Thermal Paper From the Republic of
Korea: Final Affirmative Determination
of Sales at Less Than Fair Value and
Final Affirmative Determination of
Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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) for the period of
investigation, October 1, 2019, through
September 30, 2020.
DATES: Applicable September 30, 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:
AGENCY:
Background
On May 12, 2021, Commerce
published in the Federal Register the
preliminary affirmative determination
in the LTFV investigation of thermal
paper from Korea, in which it
postponed the final determination until
September 24, 2021.1 In response to
Commerce’s invitation to comment on
the Preliminary Determination, certain
interested parties filed case and rebuttal
briefs. A summary of the events that
1 See 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, 86 FR 26007
(May 12, 2021) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
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]]>Agencies
[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54152-54154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21301]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-850]
Thermal Paper From Germany: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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.
DATES: Applicable September 30, 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
On May 12, 2021, Commerce published in the Federal Register the
preliminary affirmative determination in the LTFV investigation of
thermal paper from Germany, in which we also postponed the final
determination until September 24, 2021.\1\ Commerce invited
[[Page 54153]]
interested parties to comment on the Preliminary Determination. A
summary of the events that occurred since Commerce published the
Preliminary Determination may be found in the Issues and Decision
Memorandum.\2\
---------------------------------------------------------------------------
\1\ See 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, 86 FR 26001 (May 12, 2021) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum (PDM); see also
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; Correction, 86
FR 26905 (May 18, 2021) (correcting the suspension of liquidation
instructions in the Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value in
the Antidumping Duty Investigation of Thermal Paper from Germany,''
dated concurrently with, and herby adopted by, this notice (Issues
and 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
On May 5, 2021, Commerce issued the Preliminary Scope Decision
Memorandum.\3\ We received comments from interested parties regarding
the Preliminary Scope Decision Memorandum, which we addressed in the
Final General Scope Decision Memorandum, and Final Germany Scope
Decision Memorandum.\4\ Commerce made no changes to the scope of this
investigation since the Preliminary Determination.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Preliminary Scope Decision,'' dated May 5,
2021 (Preliminary Scope Decision Memorandum).
\4\ See Memorandum, ``Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Final Decision on General Scope
Issues: Final Decision on General Scope Issues,'' dated concurrently
with, and hereby adopted by, this notice (Final General Scope
Decision Memorandum); and Memorandum, ``Thermal Paper from Germany:
Final Scope Decision,'' dated concurrently with, and hereby adopted
by, this notice (Final Germany Scope Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II. The
Issues and 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 Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn.
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section
772(b) of the Act. Normal value is calculated in accordance with
section 773 of the Act.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\5\
---------------------------------------------------------------------------
\5\ See Commerce's Letter, In-Lieu of Verification Questionnaire
to Koehler, dated July 1, 2021; Commerce's Letter, In-Lieu of
Verification Questionnaire to Matra Americas, LLC (Matra), dated
July 6, 2021; Koehler's Letter, ``Koehler's In Lieu of On-site
Verification Questionnaire Response,'' dated July 13, 2021; and
Matra's Letter, ``Matra's In Lieu of Onsite Verification
Questionnaire Response,'' dated July 14, 2021.
---------------------------------------------------------------------------
Changes Since Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to Papierfabrik August Koehler SE (Koehler)'s margin
calculations. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
Final Affirmative Determination of Critical Circumstances, in Part
Consistent with the Preliminary Determination, Commerce continues
to determine that critical circumstances exist within the meaning of
section 735(e) of the Act and 19 CFR 351.206 for Koehler, but not the
companies covered by the all-others rate. For a discussion of the
issues raised regarding Commerce's affirmative critical circumstances
determination, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others 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 or de
minimis margins, and 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.
Final Determination
Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Papierfabrik August Koehler SE.............................. 2.90
All Others.................................................. 2.90
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in this final
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 to parties in this proceeding in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue the
suspension of liquidation of all entries of subject merchandise, as
described in Appendix I, entered, or withdrawn from warehouse, for
consumption on or after May 12, 2021, the date of publication in the
Federal Register of the affirmative Preliminary Determination. Further,
in accordance with section 733(e)(2)(A) of the Act, Commerce will
instruct CBP to continue the suspension of liquidation of entries of
subject merchandise, as described in Appendix I, produced and/or
exported by Koehler which entered, or were withdrawn from warehouse,
for consumption on or after February 11, 2021, which is 90 days before
the date of publication in the Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit equal to the
estimated weighted-average dumping margin, as follows: (1) The
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cash deposit rate for the respondent listed above will be equal to the
company-specific estimated weighted-average dumping margin determined
in this final 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.
These suspension of liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of this final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of thermal paper from Germany no later than 45
days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, all cash
deposits posted will be refunded, and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a final reminder to the parties subject
to administrative protection order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are issued and published in
accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: September 24, 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 Sections Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1. Application of Cohen's d Test
Comment 2. Critical Circumstances
Comment 3. Product Characteristic Reporting for Certain Products
Comment 4. Whether to Apply Adverse Facts Available for Sales of
Certain Products
Comment 5. Whether to Make an Adjustment for Interest on Unpaid
Antidumping Duties
Comment 6. Whether to Grant Certain Home Market Post-Sale Price
Adjustments
Comment 7. Selection of U.S. Dollar Short-Term Borrowing Rate
Comment 8. Calculation of U.S. Inventory Carrying Costs
Comment 9. Whether to Exclude a U.S. Sample Sale
Comment 10. Ministerial Errors in the Preliminary Determination
V. Recommendation
[FR Doc. 2021-21301 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P
