Notice2021-21303
Thermal Paper From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that thermal paper from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation, October 1, 2019, through September 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54154-54156]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21303]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-911]
Thermal Paper From the Republic of Korea: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that thermal
paper from the Republic of Korea (Korea) is being, or is likely to be,
sold in the United States at less than fair value (LTFV) for the period
of investigation, October 1, 2019, through September 30, 2020.
DATES: Applicable September 30, 2021.
FOR FURTHER INFORMATION CONTACT: Kristen Ju or Aleksandras Nakutis, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3699 or (202)
482-3147, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 12, 2021, Commerce published in the Federal Register the
preliminary affirmative determination in the LTFV investigation of
thermal paper from Korea, in which it postponed the final determination
until September 24, 2021.\1\ In response to Commerce's invitation to
comment on the Preliminary Determination, certain interested parties
filed case and rebuttal briefs. A summary of the events that
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occurred since Commerce published the Preliminary Determination may be
found in the Issues and Decision Memorandum.\2\
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\1\ See Thermal Paper from the Republic of Korea: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances,
Postponement of Final Determination, and Extension of Provisional
Measures, 86 FR 26007 (May 12, 2021) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value in
the Antidumping Duty Investigation of Thermal Paper from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is thermal paper from
Korea. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
On May 5, 2021, Commerce issued the Preliminary Scope Decision
Memorandum.\3\ We received scope comments from interested parties,
which we addressed in the Final Scope Decision Memorandum.\4\ Commerce
did not modify the scope of this investigation since the Preliminary
Determination.
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\3\ See Memorandum, ``Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Preliminary Scope Decision,'' dated
May 5, 2021 (Preliminary Scope Decision Memorandum).
\4\ See Memorandum, ``Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Final Decision on General Scope
Issues,'' dated concurrently with, and hereby adopted by, this
notice (Final Scope Decision Memorandum).
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Analysis of Comments Received
We addressed all of the issues that were raised by interested
parties in their case and rebuttal briefs in the Issues and Decision
Memorandum. A list of the sections in the Issues and Decision
Memorandum is in Appendix II of this notice. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="http://enforcement.trade.gov/frn">http://enforcement.trade.gov/frn</a>.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in the
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\5\
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\5\ See In-Lieu of On-Site Verification Questionnaire, dated
June 15, 2021; see also Reissuance of Item 12d of the In-Lieu of On-
Site Verification Questionnaire, dated June 17, 2021.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made certain
changes to our calculation of Hansol Paper Company (Hansol Paper)'s
dumping margin. For a discussion of these changes, see the Issues and
Decision Memorandum.
Final Affirmative Determination of Critical Circumstances
Consistent with the Preliminary Determination, Commerce continues
to determine that critical circumstances exist with respect to Hansol
Paper and all other companies in Korea within the meaning of section
733(e) of the Act and 19 CFR 351.206. For a further discussion of our
critical circumstances analysis, see Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding dumping
margins that are zero, de minimis, or determined entirely under section
776 of the Act (facts available). Pursuant to section 735(c)(5)(B) of
the Act, if the estimated weighted-average dumping margins established
for all of the exporters and producers individually examined are zero,
de minimis or determined based entirely on facts available, Commerce
may use any reasonable method to establish the estimated weighted-
average dumping margin for all other producers or exporters not
individually investigated.
The final dumping margin that we calculated for the sole mandatory
respondent, Hansol Paper, is not zero, de minimis, or determined
entirely under section 776 of the Act. Therefore, we assigned the
weighted-average dumping margin that we calculated for Hansol Paper to
all other companies in Korea which we did not individually investigate.
Final Determination
Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Hansol Paper Company........................................ 6.19
All Others.................................................. 6.19
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Disclosure
We intend to disclose to parties to the proceeding the calculations
that we performed in this final determination within five days after
the date of public announcement of the determination, in accordance
with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
Section 735(c)(4) of the Act provides that if there is an
affirmative determination of critical circumstances, any suspension of
liquidation shall apply to unliquidated entries of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
later of: (a) The date which is 90 days before the date on which the
suspension of liquidation was first ordered; or (b) the date on which
the notice of initiation of the investigation was published in the
Federal Register. As noted above, Commerce has continued to find that
critical circumstances exist for imports of subject merchandise
produced and/or exported by Hansol Paper and all other producers and
exporters in Korea. Therefore, in accordance with section 735(c)(4) of
the Act, suspension of liquidation shall continue to apply to
unliquidated entries of subject merchandise produced and/or exported by
Hansol Paper and all other producers and exporters in Korea that were
entered, or withdrawn from warehouse, for consumption on or after the
date which is 90 days before the date of publication of the Preliminary
Determination in the Federal Register. Consequently, in accordance with
section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs
and Border Protection (CBP) to continue to suspend liquidation of all
appropriate entries of thermal paper from Korea, as described in
Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after February 11, 2021, which is 90
days before the date of publication in the Federal Register of the
affirmative Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the following amounts: (1) The cash
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deposit rate for Hansol Paper is equal to the company-specific
estimated weighted-average dumping margin listed for Hansol Paper in
the table in the ``Final Determination'' section of this notice; (2) if
the exporter is not identified in the table in the ``Final
Determination'' section of this notice, but the producer is, then the
cash deposit rate will be equal to the company-specific estimated
weighted-average dumping margin for the producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters in Korea is equal to the all-others estimated weighted-
average dumping margin listed in the table in the ``Final
Determination'' section of this notice.
These suspension of liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of this final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of thermal paper from Korea no later than 45
days after this final determination. If the ITC determines that such
injury does not exist, this proceeding will be terminated, all cash
deposits posted will be refunded, and suspension of liquidation will be
lifted. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction from Commerce, antidumping duties on all imports of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section of this notice.
Notification Regarding Administrative Protective Order
This notice will serve as a final reminder to the parties subject
to an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination and this notice are issued and published in
accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: September 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers thermal paper in the form
of ``jumbo rolls'' and certain ``converted rolls.'' The scope covers
jumbo rolls and converted rolls of thermal paper with or without a
base coat (typically made of clay, latex, and/or plastic pigments,
and/or like materials) on one or both sides; with thermal active
coating(s) (typically made of sensitizer, dye, and co-reactant, and/
or like materials) on one or both sides; with or without a top coat
(typically made of pigments, polyvinyl alcohol, and/or like
materials), and without an adhesive backing. Jumbo rolls are defined
as rolls with an actual width of 4.5 inches or more, an actual
weight of 65 pounds or more, and an actual diameter of 20 inches or
more (jumbo rolls). All jumbo rolls are included in the scope
regardless of the basis weight of the paper. Also included in the
scope are ``converted rolls'' with an actual width of less than 4.5
inches, and with an actual basis weight of 70 grams per square meter
(gsm) or less.
The scope of this investigation covers thermal paper that is
converted into rolls with an actual width of less than 4.5 inches
and with an actual basis weight of 70 gsm or less in third countries
from jumbo rolls produced in the subject countries.
The merchandise subject to this investigation may be classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 4811.90.8030 and 4811.90.9030. Although HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this investigation is
dispositive.
Appendix II
List of Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Scope of the Investigation
V. Discussion of the Issues
Comment 1: Whether Critical Circumstances Exist
Comment 2: Whether Commerce Should Revise its Cost Adjustment
Accounting for Affiliated Party Purchases
Comment 3: Whether To Grant a Constructed Export Price (CEP)
Offset
VI. Recommendation
[FR Doc. 2021-21303 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 30, 2021.
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