Thermal Paper From Japan: Final Affirmative Determination of Sales at Less Than Fair Value, 54157-54159 [2021-21302]

Download as PDF Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices dumping margin for the Elque Group. Commerce determined that the Elque Group: (1) Withheld requested information; (2) failed to provide information in the form or manner requested by Commerce; and (3) significantly impeded the proceeding.2 For these reasons, in determining the Elque Group’s dumping margin, Commerce applied adverse facts available (AFA), pursuant to section 776(b) of the Tariff Act of 1930, as amended (the Act).3 On February 3, 2021, the Court remanded aspects of the Final Results to Commerce for further consideration. Specifically, the Court held that Commerce’s application of AFA to the Elque Group was unlawful because Commerce did not provide the Elque Group adequate assistance or consider its difficulties as a small company, as required by section 782(c) of the Act. In its decision, the Court remanded the Final Results to Commerce to recalculate the Elque Group’s dumping margin, by either: (1) Reopening the record and procuring additional information; or (2) applying neutral facts available. In the Remand Redetermination, Commerce applied neutral facts available to the Elque Group’s reported data to calculate a dumping margin.4 On September 20, 2021, the CIT sustained Commerce’s Remand Redetermination.5 Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Act, Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s September 20, 2021 judgment constitutes a final decision of LOTTER on DSK11XQN23PROD with NOTICES1 2 See Certain Frozen Warmwater Shrimp from India: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 84 FR 16843 (April 23, 2019) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM) at 11, unchanged in the Final Results. 3 See Preliminary Results PDM at 13, unchanged in the Final Results. 4 See Final Results of Redetermination on Remand Pursuant to Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. v. United States, Court No. 19–00201, Slip. Op. 21–11 (CIT February 3, 2021), dated May 4, 2021 (Remand Redetermination). 5 See Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. v. United States, Court No. 19–00201, Slip Op. 21–123 (CIT September 20, 2021). 6 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 20:52 Sep 29, 2021 Jkt 253001 54157 of the injunction during the pendency of any appeals process. In the event that the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Amended Final Results Commerce intends to instruct CBP to Because there is now a final court assess antidumping duties on judgment, Commerce is amending its unliquidated entries of subject Final Results with respect to the Elque merchandise produced and/or exported Group and the non-examined by Calcutta Seafoods Pvt. Ltd., Bay companies subject to the review as Seafood Pvt. Ltd., and Elque & Co. in follows: accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping Weighted- duties on all appropriate entries covered average by this review when the importerProducer/exporter dumping specific ad valorem assessment rate is margin not zero or de minimis. Where an (percent) importer-specific ad valorem Calcutta Seafoods Pvt. Ltd./Bay assessment rate is zero or de minimis,9 Seafood Pvt. Ltd./Elque & Co 27.66 we will instruct CBP to liquidate the appropriate entries without regard to Review-Specific Average Rate Applicable antidumping duties. to the Following Companies 8 the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Blue-Fin Frozen Foods Pvt. Ltd. Crystal Sea Foods Private Limited .......................................... Forstar Frozen Foods Pvt. Ltd ... Milsha Agro Exports Pvt. Ltd ...... 6.13 6.13 6.13 6.13 Cash Deposit Requirements Because Calcutta Seafoods Pvt. Ltd./ Bay Seafood Pvt. Ltd./Elque & Co., BlueFin Frozen Foods Pvt. Ltd., Crystal Sea Foods Private Limited, and Forstar Frozen Foods Pvt. Ltd. have a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate with respect to these companies. With respect to Milsha Agro Exports Pvt. Ltd., Commerce will issue revised cash deposit instructions to CBP. Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that were produced and/or exported by Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd., and Elque & Co. and were entered, or withdrawn from warehouse, for consumption during the period February 1, 2017, through January 31, 2018. These entries will remain enjoined pursuant to the terms 8 This rate is based on the rates for the respondents that were selected for individual review, excluding rates that are zero, de minimis, or based entirely on facts available. See section 735(c)(5)(A) of the Act. See also Memorandum, ‘‘Remand Redetermination of the Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from India: Calculation of the Cash Deposit Rate for Non-Reviewed Companies,’’ dated April 21, 2021; and Final Results, 84 FR at 57847. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: September 24, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–21256 Filed 9–29–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–880] Thermal Paper From Japan: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (Commerce) determines that thermal paper from Japan 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: Alex Wood or Paul Litwin, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1959 or (202) 482–6002, respectively. AGENCY: SUPPLEMENTARY INFORMATION: 9 See E:\FR\FM\30SEN1.SGM 19 CFR 351.106(c)(2). 30SEN1 54158 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices Background On May 12, 2021, Commerce published in the Federal Register the preliminary affirmative determination in the LTFV investigation of thermal paper from Japan, in which we also postponed the final determination until September 24, 2021.1 Commerce invited 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 Japan. 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 with regard to the Preliminary Scope Decision Memorandum, which we addressed in the Final General Scope Decision Memorandum, and Final Japan Scope Decision Memorandum.4 Commerce has made no changes to the scope of this investigation since the Preliminary Determination. LOTTER on DSK11XQN23PROD with NOTICES1 Analysis of Comments Received On June 24, 2021, the petitioners 5 filed a case brief. No other interested party submitted a case or rebuttal brief. All issues raised in the petitioners’ case brief are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to 1 See Thermal Paper from the Republic of Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 26011 (May 12, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Thermal Paper from Japan,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Thermal Paper from Germany, Japan, the Republic of Korea, and Spain: 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,’’ dated concurrently with, and hereby adopted by, this notice (Final General Scope Decision Memorandum); and Memorandum, ‘‘Thermal Paper from Japan: Final Scope Decision,’’ dated concurrently with, and hereby adopted by, this notice (Final Japan Scope Decision Memorandum). 5 The petitioners are Appvion Operations, Inc., and Domtar Corporation. VerDate Sep<11>2014 18:15 Sep 29, 2021 Jkt 253001 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—Adverse Facts Available Prior to verification, Nippon Paper Industries, Co., Ltd. (NPI), the sole mandatory respondent in this investigation, informed Commerce that it was withdrawing its participation from this investigation.6 Thus, we determine that NPI’s data cannot serve as a reliable basis for our Final Determination because NPI’s data could not be verified. We further determine that NPI significantly impeded the investigation and did not act to the best of its ability to comply with our requests for information. Therefore, we find it appropriate to apply a dumping margin based on adverse facts available (AFA) to NPI, in accordance with sections 776(a) and (b) of the Act. For further discussion, see the Issues and Decision Memorandum. Verification As noted above, NPI withdrew its participation from this investigation prior to verification. Accordingly, Commerce was unable to conduct verification pursuant to section 782(i)(1) of the Act. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero, de minimis, or 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. 6 See NPI’s Letter, ‘‘NPI’s Withdrawal as Mandatory Respondent,’’ dated June 17, 2021. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Commerce has determined the estimated weighted-average dumping margin for the sole individuallyexamined respondent entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, Commerce’s practice under these circumstances has been to assign, as the all-others rate, a simple average of the petition rates.7 In the Petition, the petitioners provided two dumping margins, 140.25 percent and 129.86 percent, which were each based on a price-to-constructed-value comparison.8 Therefore, in the absence of any estimated weighted-average dumping margin on the record of this investigation that is not zero, de minimis, or determined entirely under section 776 of the Act, we are assigning the simple average of the two dumping margins in the Initiation Checklist, i.e., 135.06 percent, as the all-others rate. Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/producer Nippon Paper Industries Co., Ltd./ Nippon Paper Papylia Co., Ltd9 ........ All Others .............................................. Estimated weightedaverage dumping margin (percent) 140.25 135.06 Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a 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 the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce applied AFA to the mandatory respondent in this investigation, NPI, 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. 7 See, e.g., 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. 8 See Thermal Paper from Germany, Japan, the Republic of Korea, and Spain: Initiation of LessThan-Fair-Value Investigations, 85 FR 69580 (November 3, 2020); and Checklist, ‘‘Thermal Paper from Japan,’’ dated October 27, 2020 (Initiation Checklist) at 6–7. 9 Commerce preliminarily determined that Nippon Paper Industries Co, Ltd., and Nippon Paper Papylia Co., Ltd. are a single entity. See Preliminary Determination PDM at 2. E:\FR\FM\30SEN1.SGM 30SEN1 Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices 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 to suspend liquidation of all appropriate entries of thermal paper from Japan, as described in Appendix I of this notice, that were 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. 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 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 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 companyspecific 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 weightedaverage dumping margin. These suspension of liquidation instructions will remain in effect until further notice. LOTTER on DSK11XQN23PROD with NOTICES1 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 Japan 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, VerDate Sep<11>2014 18:15 Sep 29, 2021 Jkt 253001 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 Order This notice will serve as a final reminder to the parties subject to administrative protective 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. 54159 Appendix II List of Sections Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Application of Facts Available and Use of Adverse Inference IV. Scope of the Investigation V. Discussion of the Issues Comment 1: Whether AFA is Appropriate for NPI Comment 2: Whether the Highest Petition Rate is Applicable as the AFA Rate VI. Recommendation [FR Doc. 2021–21302 Filed 9–29–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Notice of Amendment for Certain Fall 2021 Scheduled Trade Missions International Trade Administration, Department of Commerce. AGENCY: ACTION: Notice. The United States Department of Commerce, International Trade Administration, is announcing amended dates and deadlines for submitting applications for several upcoming trade missions that were previously announced and published in the Federal Register: • Cybersecurity Business Development Mission to Peru, Chile, and Uruguay, with an optional stop in Argentina, scheduled for March 1–5, and 8, 2021, postponed to March 30– April 8, 2022. • Cybersecurity Business Development Mission to India, scheduled for November 8–12, 2021, postponed to May 2–5, 2022. • Digital Transformation Business Development Mission to the Gulf Cooperation Council (GCC) region, scheduled from October 24–28, 2021, postponed to January 23–27, 2022. The optional UAE stop was also removed from the mission schedule. • Trade Mission to the Caribbean Region in conjunction with the Trade Americas—Business Opportunities in the Caribbean Region Conference, scheduled from October 24–28, 2021, postponed to October 23–28, 2022. Appendix I SUMMARY: 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. SUPPLEMENTARY INFORMATION: Amendments to Revise Trade Mission Dates, and Deadline for Submitting Applications for Certain Fall 2021 Trade Missions. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54157-54159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21302]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-880]


Thermal Paper From Japan: Final Affirmative Determination of 
Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce

SUMMARY: The Department of Commerce (Commerce) determines that thermal 
paper from Japan 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: Alex Wood or Paul Litwin, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1959 or (202) 482-6002, 
respectively.

SUPPLEMENTARY INFORMATION:

[[Page 54158]]

Background

    On May 12, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
thermal paper from Japan, in which we also postponed the final 
determination until September 24, 2021.\1\ Commerce invited 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 the Republic of Japan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 26011 (May 12, 2021) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Thermal Paper from Japan,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is thermal paper from 
Japan. 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 with regard 
to the Preliminary Scope Decision Memorandum, which we addressed in the 
Final General Scope Decision Memorandum, and Final Japan Scope Decision 
Memorandum.\4\ Commerce has made no changes to the scope of this 
investigation since the Preliminary Determination.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Thermal Paper from Germany, Japan, the 
Republic of Korea, and Spain: 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,'' dated concurrently with, and hereby adopted by, this 
notice (Final General Scope Decision Memorandum); and Memorandum, 
``Thermal Paper from Japan: Final Scope Decision,'' dated 
concurrently with, and hereby adopted by, this notice (Final Japan 
Scope Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    On June 24, 2021, the petitioners \5\ filed a case brief. No other 
interested party submitted a case or rebuttal brief. All issues raised 
in the petitioners' case brief 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.
---------------------------------------------------------------------------

    \5\ The petitioners are Appvion Operations, Inc., and Domtar 
Corporation.
---------------------------------------------------------------------------

Methodology--Adverse Facts Available

    Prior to verification, Nippon Paper Industries, Co., Ltd. (NPI), 
the sole mandatory respondent in this investigation, informed Commerce 
that it was withdrawing its participation from this investigation.\6\ 
Thus, we determine that NPI's data cannot serve as a reliable basis for 
our Final Determination because NPI's data could not be verified. We 
further determine that NPI significantly impeded the investigation and 
did not act to the best of its ability to comply with our requests for 
information. Therefore, we find it appropriate to apply a dumping 
margin based on adverse facts available (AFA) to NPI, in accordance 
with sections 776(a) and (b) of the Act. For further discussion, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See NPI's Letter, ``NPI's Withdrawal as Mandatory 
Respondent,'' dated June 17, 2021.
---------------------------------------------------------------------------

Verification

    As noted above, NPI withdrew its participation from this 
investigation prior to verification. Accordingly, Commerce was unable 
to conduct verification pursuant to section 782(i)(1) of the Act.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or 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 determined the estimated weighted-average dumping 
margin for the sole individually-examined respondent entirely under 
section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, 
Commerce's practice under these circumstances has been to assign, as 
the all-others rate, a simple average of the petition rates.\7\ In the 
Petition, the petitioners provided two dumping margins, 140.25 percent 
and 129.86 percent, which were each based on a price-to-constructed-
value comparison.\8\ Therefore, in the absence of any estimated 
weighted-average dumping margin on the record of this investigation 
that is not zero, de minimis, or determined entirely under section 776 
of the Act, we are assigning the simple average of the two dumping 
margins in the Initiation Checklist, i.e., 135.06 percent, as the all-
others rate.
---------------------------------------------------------------------------

    \7\ See, e.g., 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.
    \8\ 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); and Checklist, ``Thermal Paper from 
Japan,'' dated October 27, 2020 (Initiation Checklist) at 6-7.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Nippon Paper Industries Co., Ltd./Nippon Paper Papylia Co.,       140.25
 Ltd\9\.....................................................
All Others..................................................      135.06
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a 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 the notice of final 
determination in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because Commerce applied AFA to the mandatory 
respondent in this investigation, NPI, 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.
---------------------------------------------------------------------------

    \9\ Commerce preliminarily determined that Nippon Paper 
Industries Co, Ltd., and Nippon Paper Papylia Co., Ltd. are a single 
entity. See Preliminary Determination PDM at 2.

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[[Page 54159]]

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 to 
suspend liquidation of all appropriate entries of thermal paper from 
Japan, as described in Appendix I of this notice, that were 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.
    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 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 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 Japan 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 Order

    This notice will serve as a final reminder to the parties subject 
to administrative protective 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. Application of Facts Available and Use of Adverse Inference
IV. Scope of the Investigation
V. Discussion of the Issues
    Comment 1: Whether AFA is Appropriate for NPI
    Comment 2: Whether the Highest Petition Rate is Applicable as 
the AFA Rate
VI. Recommendation

[FR Doc. 2021-21302 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P
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