Thermal Paper From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 54154-54156 [2021-21303]
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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withdrawn from warehouse, for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
VerDate Sep<11>2014
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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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
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
Korea. 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 scope
comments from interested parties,
which we addressed in the Final Scope
Decision Memorandum.4 Commerce did
not modify the scope of this
investigation since the Preliminary
Determination.
Analysis of Comments Received
We addressed all of the issues that
were raised by interested parties in their
case and rebuttal briefs in the Issues and
Decision Memorandum. A list of the
sections in the Issues and Decision
Memorandum is in Appendix II of this
notice. 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.
LOTTER on DSK11XQN23PROD with NOTICES1
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in the 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 Tariff Act of
1930, as amended (the Act).5
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 the Republic of Korea,’’ 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 Scope Decision Memorandum).
5 See In-Lieu of On-Site Verification
Questionnaire, dated June 15, 2021; see also
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18:15 Sep 29, 2021
Jkt 253001
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to our calculation of Hansol
Paper Company (Hansol Paper)’s
dumping margin. For a discussion of
these changes, see the Issues and
Decision Memorandum.
Final Affirmative Determination of
Critical Circumstances
Consistent with the Preliminary
Determination, Commerce continues to
determine that critical circumstances
exist with respect to Hansol Paper and
all other companies in Korea within the
meaning of section 733(e) of the Act and
19 CFR 351.206. For a further
discussion of our critical circumstances
analysis, see Issues and Decision
Memorandum.
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
dumping margins that are zero, de
minimis, or determined entirely under
section 776 of the Act (facts available).
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all of
the exporters and producers
individually examined are zero, de
minimis or determined based entirely
on facts available, Commerce may use
any reasonable method to establish the
estimated weighted-average dumping
margin for all other producers or
exporters not individually investigated.
The final dumping margin that we
calculated for the sole mandatory
respondent, Hansol Paper, is not zero,
de minimis, or determined entirely
under section 776 of the Act. Therefore,
we assigned the weighted-average
dumping margin that we calculated for
Hansol Paper to all other companies in
Korea which we did not individually
investigate.
Final Determination
Pursuant to section 735 of the Act, the
final estimated weighted-average
dumping margins are as follows:
Reissuance of Item 12d of the In-Lieu of On-Site
Verification Questionnaire, dated June 17, 2021.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Exporter/producer
Hansol Paper Company .............
All Others ....................................
54155
Estimated
weightedaverage
dumping
margin
(percent)
6.19
6.19
Disclosure
We intend to disclose to parties to the
proceeding the calculations that we
performed in this final determination
within five days after the date of public
announcement of the determination, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
Section 735(c)(4) of the Act provides
that if there is an affirmative
determination of critical circumstances,
any suspension of liquidation shall
apply to unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of: (a) The date which is
90 days before the date on which the
suspension of liquidation was first
ordered; or (b) the date on which the
notice of initiation of the investigation
was published in the Federal Register.
As noted above, Commerce has
continued to find that critical
circumstances exist for imports of
subject merchandise produced and/or
exported by Hansol Paper and all other
producers and exporters in Korea.
Therefore, in accordance with section
735(c)(4) of the Act, suspension of
liquidation shall continue to apply to
unliquidated entries of subject
merchandise produced and/or exported
by Hansol Paper and all other producers
and exporters in Korea that were
entered, or withdrawn from warehouse,
for consumption on or after the date
which is 90 days before the date of
publication of the Preliminary
Determination in the Federal Register.
Consequently, 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 Korea, as
described in Appendix I of this notice,
which were entered, or 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
for such entries of merchandise equal to
the following amounts: (1) The cash
E:\FR\FM\30SEN1.SGM
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54156
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
deposit rate for Hansol Paper is equal to
the company-specific estimated
weighted-average dumping margin
listed for Hansol Paper in the table in
the ‘‘Final Determination’’ section of
this notice; (2) if the exporter is not
identified in the table in the ‘‘Final
Determination’’ section of this notice,
but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin for the
producer of the subject merchandise;
and (3) the cash deposit rate for all other
producers and exporters in Korea is
equal to the all-others estimated
weighted-average dumping margin
listed in the table in the ‘‘Final
Determination’’ section of this notice.
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
Korea 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 from 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 of
this notice.
Notification Regarding Administrative
Protective Order
This notice will serve as a final
reminder to the parties subject to an
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 the return or
VerDate Sep<11>2014
18:15 Sep 29, 2021
Jkt 253001
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).
VI. Recommendation
[FR Doc. 2021–21303 Filed 9–29–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Dated: September 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Certain Frozen Warmwater Shrimp
From India: Notice of Court Decision
Not in Harmony With the Results of
Antidumping Administrative Review;
Notice of Amended Final Results
Appendix I
AGENCY:
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 in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Whether Critical
Circumstances Exist
Comment 2: Whether Commerce Should
Revise its Cost Adjustment Accounting
for Affiliated Party Purchases
Comment 3: Whether To Grant a
Constructed Export Price (CEP) Offset
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Fmt 4703
Sfmt 4703
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 20, 2021, the
U.S. Court of International Trade (CIT or
the Court) issued its final judgment in
Calcutta Seafoods Pvt. Ltd., Bay Seafood
Pvt. Ltd., and Elque & Co. v. United
States, Court No. 19–00201, sustaining
the Department of Commerce
(Commerce)’s remand results pertaining
to the administrative review of the
antidumping duty (AD) order on certain
frozen warmwater shrimp (shrimp) from
India covering the period February 1,
2017, through January 31, 2018.
Commerce is notifying the public that
the CIT’s final judgment is not in
harmony with Commerce’s final results
of the administrative review and that
Commerce is amending the final results
with respect to the dumping margin
assigned to Calcutta Seafoods Pvt. Ltd.,
Bay Seafood Pvt. Ltd., and Elque & Co.
(collectively, the Elque Group).
DATES: Applicable September 30, 2021.
FOR FURTHER INFORMATION CONTACT:
David Crespo, 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) 482–3693.
SUPPLEMENTARY INFORMATION:
Background
On October 29, 2019, Commerce
published its Final Results.1 During the
course of the administrative review,
Commerce found that the Elque Group
reported unclear and inconsistent
product specification data and failed to
respond adequately to certain questions
contained in the original and
supplemental questionnaires issued by
Commerce. As a result, Commerce was
not able to rely on the Elque Group’s
data as reported in order to calculate a
1 See Certain Frozen Warmwater Shrimp from
India: Final Results of Antidumping Duty
Administrative Review; 2017–2018, 84 FR 57847
(October 29, 2019) (Final Results).
E:\FR\FM\30SEN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54154-54156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21303]
-----------------------------------------------------------------------
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
AGENCY: 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:
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
[[Page 54155]]
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 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.
\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 the
Republic of Korea,'' 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
Korea. 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 scope comments from interested parties,
which we addressed in the Final Scope Decision Memorandum.\4\ Commerce
did not modify 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 Scope Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all of the issues that were raised by interested
parties in their case and rebuttal briefs in the Issues and Decision
Memorandum. A list of the sections in the Issues and Decision
Memorandum is in Appendix II of this notice. 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.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in the
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 Tariff Act of
1930, as amended (the Act).\5\
---------------------------------------------------------------------------
\5\ See In-Lieu of On-Site Verification Questionnaire, dated
June 15, 2021; see also Reissuance of Item 12d of the In-Lieu of On-
Site Verification Questionnaire, dated June 17, 2021.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to our calculation of Hansol Paper Company (Hansol Paper)'s
dumping margin. For a discussion of these changes, see the Issues and
Decision Memorandum.
Final Affirmative Determination of Critical Circumstances
Consistent with the Preliminary Determination, Commerce continues
to determine that critical circumstances exist with respect to Hansol
Paper and all other companies in Korea within the meaning of section
733(e) of the Act and 19 CFR 351.206. For a further discussion of our
critical circumstances analysis, see Issues and Decision Memorandum.
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 dumping
margins that are zero, de minimis, or determined entirely under section
776 of the Act (facts available). Pursuant to section 735(c)(5)(B) of
the Act, if the estimated weighted-average dumping margins established
for all of the exporters and producers individually examined are zero,
de minimis or determined based entirely on facts available, Commerce
may use any reasonable method to establish the estimated weighted-
average dumping margin for all other producers or exporters not
individually investigated.
The final dumping margin that we calculated for the sole mandatory
respondent, Hansol Paper, is not zero, de minimis, or determined
entirely under section 776 of the Act. Therefore, we assigned the
weighted-average dumping margin that we calculated for Hansol Paper to
all other companies in Korea which we did not individually investigate.
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)
------------------------------------------------------------------------
Hansol Paper Company........................................ 6.19
All Others.................................................. 6.19
------------------------------------------------------------------------
Disclosure
We intend to disclose to parties to the proceeding the calculations
that we performed in this final determination within five days after
the date of public announcement of the determination, in accordance
with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
Section 735(c)(4) of the Act provides that if there is an
affirmative determination of critical circumstances, any suspension of
liquidation shall apply to unliquidated entries of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
later of: (a) The date which is 90 days before the date on which the
suspension of liquidation was first ordered; or (b) the date on which
the notice of initiation of the investigation was published in the
Federal Register. As noted above, Commerce has continued to find that
critical circumstances exist for imports of subject merchandise
produced and/or exported by Hansol Paper and all other producers and
exporters in Korea. Therefore, in accordance with section 735(c)(4) of
the Act, suspension of liquidation shall continue to apply to
unliquidated entries of subject merchandise produced and/or exported by
Hansol Paper and all other producers and exporters in Korea that were
entered, or withdrawn from warehouse, for consumption on or after the
date which is 90 days before the date of publication of the Preliminary
Determination in the Federal Register. Consequently, 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 Korea, as described in
Appendix I of this notice, which were entered, or 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 for such
entries of merchandise equal to the following amounts: (1) The cash
[[Page 54156]]
deposit rate for Hansol Paper is equal to the company-specific
estimated weighted-average dumping margin listed for Hansol Paper in
the table in the ``Final Determination'' section of this notice; (2) if
the exporter is not identified in the table in the ``Final
Determination'' section of this notice, but the producer is, then the
cash deposit rate will be equal to the company-specific estimated
weighted-average dumping margin for the producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters in Korea is equal to the all-others estimated weighted-
average dumping margin listed in the table in the ``Final
Determination'' section of this notice.
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 Korea 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 from 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 of this notice.
Notification Regarding Administrative Protective Order
This notice will serve as a final reminder to the parties subject
to an 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 the 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 in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Whether Critical Circumstances Exist
Comment 2: Whether Commerce Should Revise its Cost Adjustment
Accounting for Affiliated Party Purchases
Comment 3: Whether To Grant a Constructed Export Price (CEP)
Offset
VI. Recommendation
[FR Doc. 2021-21303 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P
