Thermal Paper From Spain: Final Determination of Sales at Less Than Fair Value, 54162-54164 [2021-21304]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54162-54164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21304]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-824]


Thermal Paper From Spain: Final 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 Spain 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: Abdul Alnoor, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4554.

SUPPLEMENTARY INFORMATION:

Background

    On May 12, 2021, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
thermal paper from Spain, in which it postponed the final determination 
until September 24, 2021.\1\ Although Commerce invited interested 
parties to comment on the Preliminary Determination, no party did so.
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    \1\ See Thermal Paper from Spain: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 86 FR 
26003 (May 12, 2021) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
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Scope of the Investigation

    The product covered by this investigation is thermal paper from 
Spain. For a complete description of the scope of this investigation, 
see the appendix to this notice.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\2\ the 
Initiation Notice \3\ set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ On May 5, 2021, 
Commerce issued the Preliminary Scope Decision Memorandum.\5\ We 
received scope comments from interested parties,

[[Page 54163]]

which we addressed in the Final Scope Decision Memorandum.\6\ Commerce 
did not modify the scope of this investigation since the Preliminary 
Determination.
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    \2\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296 (May 19, 1997).
    \3\ See Thermal Paper from Germany, Japan, the Republic of 
Korea, and Spain: Initiation of Less-Than-Fair-Value Investigations, 
85 FR 69580 (November 3, 2020) (Initiation Notice).
    \4\ See Initiation Notice.
    \5\ See Memorandum, ``Thermal Paper from Germany, Japan, the 
Republic of Korea, and Spain: Preliminary Scope Decision,'' dated 
May 5, 2021 (Preliminary Scope Decision Memorandum).
    \6\ See Memorandum, ``Thermal Paper from Germany, Japan, the 
Republic of Korea, and Spain: Final Decision on General Scope 
Issues,'' dated concurrently with, and herby adopted by, this notice 
(Final Scope Decision Memorandum).
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Verification

    Because the sole mandatory respondent in this investigation, 
Torraspapel S.A., did not respond to sections B-D of Commerce's 
antidumping duty questionnaire, Commerce reached the Preliminary 
Determination entirely on the basis of facts available with the 
application of adverse inferences (AFA). As such, because the 
Preliminary Determination was based entirely on AFA, we did not conduct 
a verification.

Use of Total Adverse Facts Available

    Pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (Act), because Torraspapel S.A., did not respond to sections B-
D of Commerce's antidumping duty questionnaire, we have continued to 
assign it the highest dumping margin alleged in the Petition, which is 
41.45 percent.\7\ As explained in the Preliminary Determination, at 
initiation we found the 41.45 percent Petition dumping margin to be 
both reliable and relevant.\8\ Therefore, we corroborated the rate. No 
interested party commented on our decision to apply this rate to 
Torraspapel S.A.
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    \7\ See Preliminary Determination Preliminary Decision 
Memorandum.
    \8\ Id.; see also section 776(c) of the Act; 19 CFR 351.308(c) 
and (d); and Final Determination of Sales at Less Than Fair Value 
and Affirmative Determination of Critical Circumstances, in Part: 
Light-Walled Rectangular Pipe and Tube from the People's Republic of 
China, 73 FR 35652, 35653 (June 24, 2008), and accompanying IDM at 
Comment 1.
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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.
    Commerce determined the estimated weighted-average dumping margin 
for Torraspapel S.A. entirely under section 776 of the Act. 
Consequently, pursuant to section 735(c)(5)(B) of the Act and 
Commerce's practice under these circumstances, we assigned a dumping 
margin to the ``all-others''' companies equal to the simple average of 
the dumping margins from the Petition.\9\ For a full description of the 
methodology underlying Commerce's analysis, see the Preliminary 
Decision Memorandum.
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    \9\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
Notice of Final Determination of Sales at Less Than Fair Value: Raw 
Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008); 
Steel Threaded Rod from Thailand: Preliminary Determination of Sales 
at Less Than Fair Value and Affirmative Preliminary Determination of 
Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), 
unchanged in Steel Threaded Rod from Thailand: Final Determination 
of Sales at Less Than Fair Value and Affirmative Final Determination 
of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014); 
Petitioners' Letter, ``Petitions for the Imposition of Antidumping 
Duties on Imports of Thermal Paper From Germany, Japan, Korea, and 
Spain,'' dated October 7, 2020 at Volume V; Petitioners' Letter, 
``Response of Petitioners to Volumes I-V Supplemental 
Questionnaires: Thermal Paper from Germany, Japan, Korea, and 
Spain,'' dated October 16, 2020 at section ``Petitioners' Responses 
to Supplemental Questions Regarding Volume V''; and Checklist, 
``Enforcement and Compliance Office of AD/CVD Operations Antidumping 
Duty Investigation Initiation Checklist: Thermal Paper from Spain,'' 
dated October 27, 2020.
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Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Torraspapel S.A.............................................       41.45
All Others..................................................       37.07
------------------------------------------------------------------------

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, Torraspapel, S.A., 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.

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 
Spain, as described in the appendix to this notice, which 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 for such 
entries of merchandise equal to the following amounts: (1) The cash 
deposit rate for Torraspapel S.A is equal to the company-specific 
estimated weighted-average dumping margin listed for Torraspapel S.A 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 Spain 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

[[Page 54164]]

Spain no later than 45 days after this final determination. If the ITC 
determines that such injury does not exist, this proceeding will be 
terminated, and 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 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

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.

[FR Doc. 2021-21304 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P