Thermal Paper From the Republic of Germany: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 83397-83399 [2023-26235]
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Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
Co., Inc. (the petitioner) requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.12 In accordance with
section 735(a)(2)(B) of the Act and 19
CFR 351.210(b)(2)(i), because: (1) the
preliminary determination is negative;
(2) the petitioner has requested the
postponement of the final
determination; and (3) no compelling
reasons for denial exist, Commerce is
postponing the final determination.
Because we have preliminarily
determined that sales of subject
merchandise are not being sold at less
than fair value, provisional measures are
not being applied to imports of subject
merchandise pursuant to section 733(d)
of the Act. Accordingly, Commerce’s
final determination will be issued no
later than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine 75 days after the
final determination whether imports of
boltless steel shelving from India are
materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I
Scope of the Investigation
The scope of this investigation covers
boltless steel shelving units prepackaged for
sale, with or without decks (boltless steel
shelving). The term ‘‘prepackaged for sale’’
means that, at a minimum, the steel vertical
supports (i.e., uprights and posts) and steel
horizontal supports (i.e., beams, braces)
necessary to assemble a completed shelving
unit (with or without decks) are packaged
together for ultimate purchase by the enduser. The scope also includes add-on kits.
Add-on kits include, but are not limited to,
kits that allow the end-user to add an
extension shelving unit onto an existing
boltless steel shelving unit such that the
extension and the original unit will share
12 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Postponement of Final Determination,’’ dated
November 3, 2023.
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common frame elements (e.g., two posts).
The term ‘‘boltless’’ refers to steel shelving in
which the vertical and horizontal supports
forming the frame are assembled primarily
without the use of nuts and bolts, or screws.
The vertical and horizontal support members
for boltless steel shelving are assembled by
methods such as, but not limited to, fitting
a rivet, punched or cut tab, or other similar
connector on one support into a hole, slot or
similar receptacle on another support. The
supports lock together to form the frame for
the shelving unit, and provide the structural
integrity of the shelving unit separate from
the inclusion of any decking. The incidental
use of nuts and bolts, or screws to add
accessories, wall anchors, tie-bars or shelf
supports does not remove the product from
scope. Boltless steel shelving units may also
come packaged as partially assembled, such
as when two upright supports are welded
together with front-to-back supports, or are
otherwise connected, to form an end unit for
the frame. The boltless steel shelving covered
by these investigations may be commonly
described as rivet shelving, welded frame
shelving, slot and tab shelving, and punched
rivet (quasi-rivet) shelving as well as by other
trade names. The term ‘‘deck’’ refers to the
shelf that sits on or fits into the horizontal
supports (beams or braces) to provide the
horizontal storage surface of the shelving
unit.
The scope includes all boltless steel
shelving meeting the description above,
regardless of: (1) vertical support or post type
(including but not limited to open post,
closed post and tubing); (2) horizontal
support or beam/brace profile (including but
not limited to Z-beam, C-beam, L-beam, step
beam and cargo rack); (3) number of
supports; (4) surface coating (including but
not limited to paint, epoxy, powder coating,
zinc and other metallic coating); (5) number
of levels; (6) weight capacity; (7) shape
(including but not limited to rectangular,
square, and corner units); (8) decking
material (including but not limited to wire
decking, particle board, laminated board or
no deck at all); or (9) the boltless method by
which vertical and horizontal supports
connect (including but not limited to keyhole
and rivet, slot and tab, welded frame,
punched rivet and clip).
Specifically excluded from the scope are:
• wall-mounted shelving, defined as
shelving that is hung on the wall and does
not stand on, or transfer load to, the floor.
The addition of a wall bracket or other device
to attach otherwise freestanding subject
merchandise to a wall does not meet the
terms of this exclusion;
• wire shelving units, which consist of
shelves made from wire that incorporates
both a wire deck and wire horizontal
supports (taking the place of the horizontal
beams and braces) into a single piece with
tubular collars that slide over the posts and
onto plastic sleeves snapped on the posts to
create the finished shelving unit;
• bulk-packed parts or components of
boltless steel shelving units; and
• made-to-order shelving systems.
Subject boltless steel shelving enters the
United States through Harmonized Tariff
Schedule of the United States (HTSUS)
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83397
statistical subheading 9403.20.0075. While
the HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023–26233 Filed 11–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–850]
Thermal Paper From the Republic of
Germany: Preliminary Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers/
exporters subject to this administrative
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
of May 12, 2021, through October 31,
2022. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable November 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Ashley Cossaart, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0462.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 22, 2021, Commerce
published in the Federal Register the
antidumping duty order on thermal
paper from the Republic of Germany
(Germany).1 On November 1, 2022,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order for the POR.2 On January 3, 2023,
1 See Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Antidumping Duty
Orders, 86 FR 66284 (November 22, 2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation Opportunity to
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ddrumheller on DSK120RN23PROD with NOTICES1
83398
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
based on timely requests for review, in
accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the Order.3
Commerce is examining Koehler Paper
SE and Koehler Kehl GmbH
(collectively, Koehler) as the sole
mandatory respondent in this review.4
In June 2023, we extended the deadline
for preliminary results of this
administrative review to no later than
November 22, 2023.5 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.6
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order
is thermal paper from Germany. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Koehler Paper SE; Koehler Kehl
GmbH 7 ....................................
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margin exists for the period May 12,
2021, through October 31, 2022:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
0.75
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Methodology
Border Protection (CBP) shall assess,
Commerce is conducting this review
antidumping duties on all appropriate
in accordance with section 751(a) of the entries covered by this review. Pursuant
Tariff Act of 1930, as amended (the Act). to 19 CFR 351.212(b)(1), because
We calculated constructed export price
Koehler reported the entered value for
in accordance with section 772 of the
all of its U.S. sales, we calculated
importer-specific ad valorem duty
Act. We calculated NV in accordance
assessment rates based on the ratio of
with section 773 of the Act.
For a full description of the
the total amount of antidumping duties
methodology underlying our
calculated for the examined sales to the
conclusions, see the Preliminary
total entered value of the sales for which
Decision Memorandum. A list of the
entered value was reported. Where
topics discussed in the Preliminary
either Koehler’s weighted-average
Decision Memorandum is attached as an dumping margin is zero or de minimis
appendix to this notice. The Preliminary within the meaning of 19 CFR
Decision Memorandum is a public
351.106(c), or an importer-specific rate
document and is on file electronically
is zero or de minimis, we will instruct
via Enforcement and Compliance’s
CBP to liquidate the appropriate entries
Antidumping and Countervailing Duty
without regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
Centralized Electronic Service System
will apply to entries of subject
(ACCESS). ACCESS is available to
merchandise during the POR produced
registered users at https://
access.trade.gov. In addition, a complete by Koehler for which it did not know
that the merchandise it sold to an
version of the Preliminary Decision
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 65750 (November 1,
the United States. In such instances, we
2022).
will instruct CBP to liquidate those
3 See Initiation of Antidumping and
entries at the all-others rate if there is no
Countervailing Duty Administrative Reviews, 88 FR
rate for the intermediate company(ies)
50 (January 3, 2023); see also Initiation of
Antidumping and Countervailing Duty
involved in the transaction.8
Administrative Reviews, 88 FR 15642 (March 14,
In accordance with section
2023) (correcting our mistake in initiating a review
751(a)(2)(C) of the Act, the final results
of Matra, a U.S. importer of subject merchandise).
of this review shall be the basis for the
4 See Memorandum, ‘‘Respondent Selection,’’
assessment of antidumping duties on
dated February 7, 2023; Memorandum, ‘‘Additional
Respondent Selection,’’ dated February 23, 2023;
entries of merchandise covered by the
and Commerce’s Letter, ‘‘Matra Americas LLC
final results of this review and for future
Reporting Methodology,’’ dated March 17, 2023.
deposits of estimated duties, where
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the 2021–2022 Antidumping
Duty Administrative Review,’’ dated June 27, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Administrative Review of the Antidumping Duty
Order on Thermal Paper from the Republic of
Germany,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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17:26 Nov 28, 2023
Jkt 262001
7 Commerce has preliminarily determined to
collapse these companies and treat them as a single
entity. For further discussion, see Preliminary
Decision Memorandum.
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
applicable. Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the company listed
above will be that established in the
final results of this review, except if the
rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not covered by
this review, the cash deposit will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, or the less-than-fair-value
(LTFV) investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent segment for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
and/or exporters will continue to be
2.90 percent, the all-others rate
established in the LTFV investigation.9
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to interested parties within five days
after the date of publication of this
notice.10 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than seven days
after the date of the last verification
report issued in this administrative
review. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
9 See
Order, 86 FR at 66286.
19 CFR 351.224(b).
10 See
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Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
filing case briefs.11 Interested parties
who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a
table of contents listing each issue; and
(2) a table of authorities.12
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their briefs that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.13 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the Issues and
Decision Memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice. If a request for a hearing is
made, parties will be notified of the
time and date for the hearing.15
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
12 See 19 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
15 See 19 CFR 351.310(d).
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17:26 Nov 28, 2023
Jkt 262001
83399
than 120 days after the publication of
this notice in the Federal Register,
pursuant to 751(a)(3)(A) of the Act and
19 CFR 351.213(h)(1).
DEPARTMENT OF ENERGY
Verification
[Docket No. ER24–454–000]
On April 13, 2023, Domtar
Corporation and Appvion, LLC
(collectively, the petitioners in this
proceeding) requested that Commerce
conduct verification of the factual
information submitted by the
respondent in this administrative
review.16 Accordingly, as provided in
section 782(i)(3) of the Act, Commerce
intends to verify the information relied
upon for its final results.
Mountain Top Energy LLC;
Supplemental Notice That Initial
Market-Based Rate Filing Includes
Request for Blanket Section 204
Authorization
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–26235 Filed 11–28–23; 8:45 am]
BILLING CODE 3510–DS–P
16 See Petitioners’ Letter, ‘‘Request for
Verification,’’ dated April 13, 2023.
PO 00000
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Federal Energy Regulatory
Commission
This is a supplemental notice in the
above-referenced proceeding of
Mountain Top Energy LLC’s application
for market-based rate authority, with an
accompanying rate tariff, noting that
such application includes a request for
blanket authorization, under 18 CFR
part 34, of future issuances of securities
and assumptions of liability.
Any person desiring to intervene or to
protest should file with the Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426,
in accordance with Rules 211 and 214
of the Commission’s Rules of Practice
and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to
intervene or protest must serve a copy
of that document on the Applicant.
Notice is hereby given that the
deadline for filing protests with regard
to the applicant’s request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability, is December 12,
2023.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
may mail similar pleadings to the
Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC
20426. Hand delivered submissions in
docketed proceedings should be
delivered to Health and Human
Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
In addition to publishing the full text
of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov) using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
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]]>Agencies
[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83397-83399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26235]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-850]
Thermal Paper From the Republic of Germany: Preliminary Results
of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR) of May 12, 2021,
through October 31, 2022. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable November 29, 2023.
FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0462.
SUPPLEMENTARY INFORMATION:
Background
On November 22, 2021, Commerce published in the Federal Register
the antidumping duty order on thermal paper from the Republic of
Germany (Germany).\1\ On November 1, 2022, Commerce published in the
Federal Register a notice of opportunity to request an administrative
review of the Order for the POR.\2\ On January 3, 2023,
[[Page 83398]]
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the
Order.\3\ Commerce is examining Koehler Paper SE and Koehler Kehl GmbH
(collectively, Koehler) as the sole mandatory respondent in this
review.\4\ In June 2023, we extended the deadline for preliminary
results of this administrative review to no later than November 22,
2023.\5\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\1\ See Thermal Paper from Germany, Japan, the Republic of
Korea, and Spain: Antidumping Duty Orders, 86 FR 66284 (November 22,
2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation Opportunity to Request Administrative Review
and Join Annual Inquiry Service List, 87 FR 65750 (November 1,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 15642 (March 14, 2023) (correcting our mistake in
initiating a review of Matra, a U.S. importer of subject
merchandise).
\4\ See Memorandum, ``Respondent Selection,'' dated February 7,
2023; Memorandum, ``Additional Respondent Selection,'' dated
February 23, 2023; and Commerce's Letter, ``Matra Americas LLC
Reporting Methodology,'' dated March 17, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review,''
dated June 27, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Thermal Paper from the Republic of Germany,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is thermal paper from Germany.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
constructed export price in accordance with section 772 of the Act. We
calculated NV in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period May 12,
2021, through October 31, 2022:
---------------------------------------------------------------------------
\7\ Commerce has preliminarily determined to collapse these
companies and treat them as a single entity. For further discussion,
see Preliminary Decision Memorandum.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Koehler Paper SE; Koehler Kehl GmbH \7\.................... 0.75
------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
Pursuant to 19 CFR 351.212(b)(1), because Koehler reported the entered
value for all of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
either Koehler's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c), or an importer-specific rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by Koehler for which it did
not know that the merchandise it sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate those
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\8\
---------------------------------------------------------------------------
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable. Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously reviewed or
investigated companies not covered by this review, the cash deposit
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
or the less-than-fair-value (LTFV) investigation, but the manufacturer
is, the cash deposit rate will be the rate established for the most
recent segment for the manufacturer of the merchandise; and (4) the
cash deposit rate for all other manufacturers and/or exporters will
continue to be 2.90 percent, the all-others rate established in the
LTFV investigation.\9\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ See Order, 86 FR at 66286.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\10\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs to Commerce no later than
seven days after the date of the last verification report issued in
this administrative review. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for
[[Page 83399]]
filing case briefs.\11\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\12\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\12\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\13\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the Issues and Decision Memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing.\15\
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\15\ See 19 CFR 351.310(d).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis raised in any written briefs, not later than 120 days after
the publication of this notice in the Federal Register, pursuant to
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Verification
On April 13, 2023, Domtar Corporation and Appvion, LLC
(collectively, the petitioners in this proceeding) requested that
Commerce conduct verification of the factual information submitted by
the respondent in this administrative review.\16\ Accordingly, as
provided in section 782(i)(3) of the Act, Commerce intends to verify
the information relied upon for its final results.
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\16\ See Petitioners' Letter, ``Request for Verification,''
dated April 13, 2023.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-26235 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P
