Thermal Paper From the Federal Republic of Germany: Final Results of Antidumping Duty Administrative Review; 2021-2022, 47517-47518 [2024-12060]
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47517
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
result of correcting the ministerial errors
discussed above, because the rate
calculated for Fujifilm is now higher
than the dumping margin alleged in the
Petition (i.e., 107.62 percent), we find it
most appropriate to apply the highest
individual margin calculated for
Amended Preliminary Determination
As a result of correcting these
significant ministerial errors, Commerce
determines the following weightedaverage dumping margins exist:
Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offset)
(percent)
Fujifilm Printing Plate (China) Co., Ltd ..................
164.31
164.30
China-wide Entity .........................................................................................................................................
477.60
477.59
Producer
Exporter
Fujifilm Printing Plate (China) Co., Ltd ...................
Disclosure
We intend to disclose the calculations
performed for this amended preliminary
determination to parties within five
days after public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Dated: May 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–12117 Filed 5–31–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Amended Cash Deposits and
Suspension of Liquidation
International Trade Administration
The collection of cash deposits and
suspension of liquidation will be
revised according to the rates
established in this amended preliminary
determination, in accordance with
section 773(d) of the Act. Because this
amended preliminary determination
results in increased cash deposit rates,
these rates will be effective on the date
of publication of this notice in the
Federal Register. These suspension of
liquidation instructions will remain in
effect until further notice.
[A–428–850]
Thermal Paper From the Federal
Republic of Germany: Final Results of
Antidumping Duty Administrative
Review; 2021–2022
This amended preliminary
determination is issued and published
in accordance with sections 733(f) and
777(i)(1) of the Act, and 19 CFR
351.224(e).
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Koehler Paper SE and Koehler Kehl
GmbH (collectively, Koehler), the sole
producer/exporter subject from the
Federal Republic of Germany (Germany)
subject to this administrative review,
made sales of subject merchandise at
less than normal value during the
period of review (POR), May 12, 2021,
through October 31, 2022.
DATES: Applicable June 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Ashley Cossaart, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
and accompanying Issues and Decision
Memorandum at 7).
13 See Memorandum, ‘‘Amended Preliminary
Determination Analysis Memorandum for
FUJIFILM Printing Plate (China) Co., Limited,’’
dated concurrently with this notice at Attachment
III.
14 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Aluminum Lithographic Printing
Plates from the People’s Republic of China:
Allegations of Ministerial Errors in the Preliminary
Determination,’’ dated concurrently with, and
hereby adopted by, this notice (Ministerial Error
Memorandum).
1 See Thermal Paper from the Republic of
Germany: Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 83397
(November 29, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2021–2022 Antidumping Duty
Administrative Review,’’ dated March 13, 2024.
3 See Petitioners’ Letter, ‘‘Petitioners’ Case Brief,’’
dated April 26, 2024.
Notification of U.S. International Trade
Commission (ITC)
In accordance with section 733(f) of
the Act, we intend to notify the ITC of
our amended preliminary
determination.
Notification to Interested Parties
lotter on DSK11XQN23PROD with NOTICES1
Fujifilm (i.e., 477.60 percent) as the
basis for the AFA rate assigned to the
China-wide entity.13 For a detailed
discussion of the alleged ministerial
errors, as well as Commerce’s analysis,
see the Ministerial Error
Memorandum.14
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18:00 May 31, 2024
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AGENCY:
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Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0462.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2023, Commerce
published the Preliminary Results and
invited interested parties to comment.1
On March 13, 2024, we extended the
deadline of the final results to May 24,
2024.2 On April 26, 2024, Domtar
Corporation and Appvion, LLC
(collectively, the petitioners) submitted
a timely-filed case brief.3 On May 1,
2024, Koehler and Matra Americas LLC
(Matra) submitted a timely-filed joint
rebuttal brief.4 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.5
Scope of the Order 6
The merchandise subject to the Order
is thermal paper from Germany. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum. 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
4 See Koehler and Matra’s Letter, ‘‘Joint Rebuttal
Brief of Koehler Paper SE and Matra Americas, LLC
and Matra Atlantic GmbH,’’ dated May 1, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Administrative Review of
the Antidumping Duty Order on Thermal Paper
from the Republic of Germany; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
6 See Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Antidumping Duty
Orders, 86 FR 66284 (November 22, 2021) (Order).
E:\FR\FM\03JNN1.SGM
03JNN1
47518
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
margin calculations for Koehler. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Results of the Review
As a result of this review, we
determine the following estimated
weighted-average dumping margin for
the period May 12, 2021, through
October 31, 2022:
Weightedaverage
dumping
margin
(percent)
Exporter/
producer
Koehler Paper SE; Koehler Kehl
GmbH ......................................
0.76
lotter on DSK11XQN23PROD with NOTICES1
Disclosure
Commerce intends to disclose the
calculations performed for Koehler in
connection with these final results to
interested parties within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b)(1), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of 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
antidumping 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
VerDate Sep<11>2014
18:00 May 31, 2024
Jkt 262001
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.7
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 cash 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 Koehler will be the
rate shown above; (2) 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 (3) 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.8 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Administrative Protective Order
This notice serves as the only
reminder to 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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
7 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 See Order, 86 FR at 66286.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
and the terms of an APO is a
sanctionable violation.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) 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 Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: May 24, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Facts Available to Koehler’s
Reporting of U.S. Sales
Comment 2: Whether Commerce Should
Attribute Accrued Interest on Unpaid
Antidumping Duties to Matra’s U.S.
Sales
Comment 3: Whether Commerce Should
Exclude Certain Post-Sale Adjustments
Reported in BILLADJ2H and REBATE2H
Comment 4: Whether Commerce Should
Apply Partial Adverse Facts Available to
U.S. Credit Expenses
Comment 5: Whether Commerce Should
Adjust Matra’s Reporting of DINDIRS2U
and USINSUR2U
Comment 6: Whether Commerce Should
Implement Corrections from Verification
VI. Recommendation
[FR Doc. 2024–12060 Filed 5–31–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review and Join
Annual Inquiry Service List
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
E:\FR\FM\03JNN1.SGM
03JNN1
]]>Agencies
[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47517-47518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12060]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-850]
Thermal Paper From the Federal Republic of Germany: Final 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) determines that
Koehler Paper SE and Koehler Kehl GmbH (collectively, Koehler), the
sole producer/exporter subject from the Federal Republic of Germany
(Germany) subject to this administrative review, made sales of subject
merchandise at less than normal value during the period of review
(POR), May 12, 2021, through October 31, 2022.
DATES: Applicable June 3, 2024.
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 29, 2023, Commerce published the Preliminary Results
and invited interested parties to comment.\1\ On March 13, 2024, we
extended the deadline of the final results to May 24, 2024.\2\ On April
26, 2024, Domtar Corporation and Appvion, LLC (collectively, the
petitioners) submitted a timely-filed case brief.\3\ On May 1, 2024,
Koehler and Matra Americas LLC (Matra) submitted a timely-filed joint
rebuttal brief.\4\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Thermal Paper from the Republic of Germany: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR
83397 (November 29, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2021-2022 Antidumping Duty Administrative Review,'' dated March 13,
2024.
\3\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
April 26, 2024.
\4\ See Koehler and Matra's Letter, ``Joint Rebuttal Brief of
Koehler Paper SE and Matra Americas, LLC and Matra Atlantic GmbH,''
dated May 1, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on
Thermal Paper from the Republic of Germany; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \6\
---------------------------------------------------------------------------
\6\ See Thermal Paper from Germany, Japan, the Republic of
Korea, and Spain: Antidumping Duty Orders, 86 FR 66284 (November 22,
2021) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is thermal paper from Germany.
For a complete description of the scope of the Order, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. 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
[[Page 47518]]
at https://access.trade.gov. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the margin calculations for Koehler. For a discussion of
these changes, see the Issues and Decision Memorandum.
Final Results of the Review
As a result of this review, we determine the following estimated
weighted-average dumping margin for the period May 12, 2021, through
October 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/ producer dumping
margin
(percent)
------------------------------------------------------------------------
Koehler Paper SE; Koehler Kehl GmbH.......................... 0.76
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for Koehler
in connection with these final results to interested parties within
five days of the date of publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of 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 antidumping 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.\7\
---------------------------------------------------------------------------
\7\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 cash 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 Koehler will be
the rate shown above; (2) 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
(3) 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.\8\ These deposit requirements, when imposed,
shall remain in effect until further notice.
---------------------------------------------------------------------------
\8\ See Order, 86 FR at 66286.
---------------------------------------------------------------------------
Administrative Protective Order
This notice serves as the only reminder to 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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/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 Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 24, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Facts Available to
Koehler's Reporting of U.S. Sales
Comment 2: Whether Commerce Should Attribute Accrued Interest on
Unpaid Antidumping Duties to Matra's U.S. Sales
Comment 3: Whether Commerce Should Exclude Certain Post-Sale
Adjustments Reported in BILLADJ2H and REBATE2H
Comment 4: Whether Commerce Should Apply Partial Adverse Facts
Available to U.S. Credit Expenses
Comment 5: Whether Commerce Should Adjust Matra's Reporting of
DINDIRS2U and USINSUR2U
Comment 6: Whether Commerce Should Implement Corrections from
Verification
VI. Recommendation
[FR Doc. 2024-12060 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P
