Lightweight Thermal Paper From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 51499-51501 [2024-13376]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51499-51501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13376]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-920]


Lightweight Thermal Paper From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain companies subject to the administrative review 
of the antidumping duty order on lightweight thermal paper (paper) from 
the People's Republic of China (China) are part of the China-wide 
entity because they did not file a separate rate application (SRA). The 
period of review (POR) is November 1, 2022, through October 31, 2023. 
We invite interested parties to comment on these preliminary results.

DATES: Applicable June 18, 2024.

FOR FURTHER INFORMATION CONTACT: Alex Cipolla, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4956.

SUPPLEMENTARY INFORMATION:

Background

    On November 2, 2023, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on paper 
from China.\1\ On November 30, 2023, Lollicup USA Incorporated 
(Lollicup), a U.S. importer of subject merchandise, requested an 
administrative review of the following producers and/or exporters of 
subject merchandise: Guangdong Guanhao High-Tech (Guangdong Guanhao), 
Guangdong Polygon New Materials (Guangdong Polygon), and Henan Jianghe 
Paper (Henan Jianghe).\2\ On December 29, 2023, Commerce initiated this 
administrative review of the Order for the period of review (POR) 
November 1, 2022, through October 31, 2023.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 75270 (November 
2, 2023); see also Antidumping Duty Orders: Lightweight Thermal 
Paper from Germany and the People's Republic of China, 73 FR 70959 
(November 24, 2008) (Order).
    \2\ See Lollicup's Letter, ``Administrative Review Request,'' 
dated November 30, 2023.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 90168 (December 23, 2023) (Initiation 
Notice).
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    In the Initiation Notice, Commerce notified parties that the 
deadline for interested parties to submit an SRA or separate rate 
certification (SRC) was January 29, 2024.\4\ No party submitted an SRA 
or an SRC. On July 20, 2023, we placed on the record U.S. Customs and 
Border Protection (CBP) data for entries of paper from China and 
invited interested parties to comment.\5\ No party commented on the CBP 
Data Memorandum. The deadline for the preliminary results of this 
review is August 1, 2024.
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    \4\ Id., 88 FR at 90169-70, specifying that SRAs and SRCs were 
due 30 days from the publication of Commerce's Initiation Notice. In 
this administrative review, the deadline was January 29, 2024.
    \5\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated March 11, 2024 (CBP Data Memorandum).
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Scope of the Order

    The products covered by this Order includes certain lightweight 
thermal paper, which is thermal paper with a basis weight of 70 grams 
per square meter (g/m2) (with a tolerance of  4.0 g/m2) or 
less; irrespective of dimensions; \6\ with or without a base coat \7\ 
on one or both sides; with thermal active coating(s) \8\ on one or both 
sides that is a mixture of the dye and the developer that react and 
form an image when heat is applied; with or without a top coat; \9\ and 
without an adhesive backing. Certain lightweight thermal paper is 
typically (but not exclusively) used in point-of-sale applications such 
as ATM receipts, credit card receipts, gas pump receipts, and retail 
store receipts. The merchandise subject to this order may be classified 
in the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 3703.10.60, 4811.59.20, 4811.90.8040, 4811.90.9090, 
4820.10.20, 4823.40.00, 4811.90.8030, 4811.90.8050,
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    \6\ LWTP is typically produced in jumbo rolls that are slit to 
the specifications of the converting equipment and then converted 
into finished slit rolls. Both jumbo and converted rolls (as well as 
LWTP in any other form, presentation, or dimension) are covered by 
the scope of these orders.
    \7\ A base coat, when applied, is typically made of clay and/or 
latex and like materials and is intended to cover the rough surface 
of the paper substrate and to provide insulating value.
    \8\ A thermal active coating is typically made of sensitizer, 
dye, and co-reactant.
    \9\ A top coat, when applied, is typically made of polyvinyl 
acetone, polyvinyl alcohol, and/or like materials and is intended to 
provide environmental protection, an improved surface for press 
printing, and/or wear protection for the thermal print head.
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    4811.90.9030, and 4811.90.9050.10 11 Although HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this Order is dispositive.
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    \10\ HTSUS subheading 4811.90.8000 was a classification used for 
LWTP until January 1, 2007. Effective that date, subheading 
4811.90.8000 was replaced with 4811.90.8020 (for gift wrap, a non-
subject product) and 4811.90.8040 (for ``other'' including LWTP). 
HTSUS subheading 4811.90.9000 was a classification for LWTP until 
July 1, 2005. Effective that date, subheading 4811.90.9000 was 
replaced with 4811.90.9010 (for tissue paper, a non-subject product) 
and 4811.90.9090 (for ``other,'' including LWTP).
    \11\ As of January 1, 2009, the ITC deleted HTSUS subheadings 
4811.90.8040 and 4811.90.9090 and added HTSUS subheadings 
4811.90.8030, 4811.90.8050, 4811.90.9030, and 4811.90.9050 to the 
HTSUS (2009). See Harmonized Tariff Schedule of the United States 
(2009), available at ww.usitc.gov. These HTSUS subheadings were 
added to the scope of the order in lightweight thermal paper's LTFV 
investigation.

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[[Page 51500]]

Preliminary Results of Review

    In the Initiation Notice, Commerce notified interested parties that 
SRCs or SRAs, as applicable, are due to Commerce no later than 30 
calendar days after publication of the Initiation Notice in the Federal 
Register.\12\ No party for which a review was requested submitted the 
requisite SRC or SRA. As such, Commerce finds that all companies for 
which a review was requested (Guangdong Guanhao, Guangdong Polygon, and 
Henan Jianghe) have failed to demonstrate eligibility for a separate 
rate and are part of the China-wide entity.
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    \12\ See Initiation Notice, 88 FR at 90169-70.
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    Commerce no longer considers the China-wide entity as an exporter 
conditionally subject to administrative review.\13\ Accordingly, the 
China-wide entity will not be under review unless Commerce specifically 
receives a request for, or self-initiates, a review of the entity. In 
this administrative review, no party requested a review of the China-
wide entity. Moreover, we have not self-initiated a review of the 
China-wide entity. Because no review of the China-wide entity is being 
conducted, the China-wide entity's entries are not subject to the 
review, and the weighted-average dumping margin for the China-wide 
entity rate (i.e., 115.29 percent) is not subject to change.\14\
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    \13\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
    \14\ See Order, 73 FR at 70959.
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Disclosure and Public Comment

    Normally, Commerce discloses the calculations used in its analysis 
to parties performed in preliminary results 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 preliminary results, 
in accordance with 19 CFR 351.224(b). However, because all parties 
subject to this review have failed to demonstrate eligibility for a 
separate rate and are part of the China-wide entity, there are no 
calculations to disclose.
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\15\ 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.\16\
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    \15\ See 19 CFR 351.309(d).
    \16\ 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 brief 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.\17\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public 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 public 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).\18\
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    \17\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \18\ 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 
Enforcement and Compliance's Antidumping and CVD Centralized Electronic 
Service System (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 5:00 
p.m. Eastern Time within 30 days after the date of publication of this 
notice.

Final Results of Review

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case and rebuttal briefs, within 120 days 
of publication of these preliminary results in the Federal 
Register.\19\
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    \19\ See section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act); and 19 CFR 351.213(h).
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Assessment

    For the three companies subject to this review, upon issuance of 
the final results of this review, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise covered by this review.\20\ If Commerce continues to find 
that Guangdong Guanhao, Guangdong Polygon, and Henan Jianghe are part 
of the China-wide entity in the final results, Commerce intends to 
instruct CBP to liquidate entries containing subject merchandise 
exported by the companies under review that we determine in the final 
results to be part of the China-wide entity at the China-wide entity 
rate of 115.29 percent. 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).
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    \20\ See 19 CFR 351.212(b)(1).
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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 for by section 
751(a)(2)(C) of the Act: (1) for previously investigated or reviewed 
Chinese and non-Chinese exporters for which a review was not requested 
and that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (2) for all Chinese exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the rate for the China-wide entity; and 
(3) for all non-Chinese exporters of subject merchandise that have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These cash deposit requirements, when imposed, shall remain 
in effect until further notice.

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 and/

[[Page 51501]]

or countervailing 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 and/or countervailing duties occurred and the subsequent 
assessment of double antidumping duties, and/or an increase in the 
amount of antidumping duties by the amount of countervailing 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, and 19 CFR 351.213 and 19 CFR 
351.221(b)(4).

    Dated: June 11, 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. 2024-13376 Filed 6-17-24; 8:45 am]
BILLING CODE 3510-DS-P