Notice2021-21304
Thermal Paper From Spain: Final Determination of Sales at Less Than Fair Value
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 Spain is being, or is likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation, October 1, 2019, through September 30, 2020.
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 54162-54164]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21304]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-824]
Thermal Paper From Spain: Final Determination of Sales at Less
Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that thermal
paper from Spain is being, or is likely to be, sold in the United
States at less than fair value (LTFV) for the period of investigation,
October 1, 2019, through September 30, 2020.
DATES: Applicable September 30, 2021.
FOR FURTHER INFORMATION CONTACT: Abdul Alnoor, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4554.
SUPPLEMENTARY INFORMATION:
Background
On May 12, 2021, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
thermal paper from Spain, in which it postponed the final determination
until September 24, 2021.\1\ Although Commerce invited interested
parties to comment on the Preliminary Determination, no party did so.
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\1\ See Thermal Paper from Spain: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 86 FR
26003 (May 12, 2021) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
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Scope of the Investigation
The product covered by this investigation is thermal paper from
Spain. For a complete description of the scope of this investigation,
see the appendix to this notice.
Scope Comments
In accordance with the preamble to Commerce's regulations,\2\ the
Initiation Notice \3\ set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ On May 5, 2021,
Commerce issued the Preliminary Scope Decision Memorandum.\5\ We
received scope comments from interested parties,
[[Page 54163]]
which we addressed in the Final Scope Decision Memorandum.\6\ Commerce
did not modify the scope of this investigation since the Preliminary
Determination.
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\2\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296 (May 19, 1997).
\3\ See Thermal Paper from Germany, Japan, the Republic of
Korea, and Spain: Initiation of Less-Than-Fair-Value Investigations,
85 FR 69580 (November 3, 2020) (Initiation Notice).
\4\ See Initiation Notice.
\5\ See Memorandum, ``Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Preliminary Scope Decision,'' dated
May 5, 2021 (Preliminary Scope Decision Memorandum).
\6\ See Memorandum, ``Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Final Decision on General Scope
Issues,'' dated concurrently with, and herby adopted by, this notice
(Final Scope Decision Memorandum).
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Verification
Because the sole mandatory respondent in this investigation,
Torraspapel S.A., did not respond to sections B-D of Commerce's
antidumping duty questionnaire, Commerce reached the Preliminary
Determination entirely on the basis of facts available with the
application of adverse inferences (AFA). As such, because the
Preliminary Determination was based entirely on AFA, we did not conduct
a verification.
Use of Total Adverse Facts Available
Pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as
amended (Act), because Torraspapel S.A., did not respond to sections B-
D of Commerce's antidumping duty questionnaire, we have continued to
assign it the highest dumping margin alleged in the Petition, which is
41.45 percent.\7\ As explained in the Preliminary Determination, at
initiation we found the 41.45 percent Petition dumping margin to be
both reliable and relevant.\8\ Therefore, we corroborated the rate. No
interested party commented on our decision to apply this rate to
Torraspapel S.A.
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\7\ See Preliminary Determination Preliminary Decision
Memorandum.
\8\ Id.; see also section 776(c) of the Act; 19 CFR 351.308(c)
and (d); and Final Determination of Sales at Less Than Fair Value
and Affirmative Determination of Critical Circumstances, in Part:
Light-Walled Rectangular Pipe and Tube from the People's Republic of
China, 73 FR 35652, 35653 (June 24, 2008), and accompanying IDM at
Comment 1.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding dumping
margins that are zero, de minimis, or determined entirely under section
776 of the Act (facts available). Pursuant to section 735(c)(5)(B) of
the Act, if the estimated weighted-average dumping margins established
for all of the exporters and producers individually examined are zero,
de minimis or determined based entirely on facts available, Commerce
may use any reasonable method to establish the estimated weighted-
average dumping margin for all-other producers or exporters not
individually investigated.
Commerce determined the estimated weighted-average dumping margin
for Torraspapel S.A. entirely under section 776 of the Act.
Consequently, pursuant to section 735(c)(5)(B) of the Act and
Commerce's practice under these circumstances, we assigned a dumping
margin to the ``all-others''' companies equal to the simple average of
the dumping margins from the Petition.\9\ For a full description of the
methodology underlying Commerce's analysis, see the Preliminary
Decision Memorandum.
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\9\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
Notice of Final Determination of Sales at Less Than Fair Value: Raw
Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 10, 2008);
Steel Threaded Rod from Thailand: Preliminary Determination of Sales
at Less Than Fair Value and Affirmative Preliminary Determination of
Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013),
unchanged in Steel Threaded Rod from Thailand: Final Determination
of Sales at Less Than Fair Value and Affirmative Final Determination
of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014);
Petitioners' Letter, ``Petitions for the Imposition of Antidumping
Duties on Imports of Thermal Paper From Germany, Japan, Korea, and
Spain,'' dated October 7, 2020 at Volume V; Petitioners' Letter,
``Response of Petitioners to Volumes I-V Supplemental
Questionnaires: Thermal Paper from Germany, Japan, Korea, and
Spain,'' dated October 16, 2020 at section ``Petitioners' Responses
to Supplemental Questions Regarding Volume V''; and Checklist,
``Enforcement and Compliance Office of AD/CVD Operations Antidumping
Duty Investigation Initiation Checklist: Thermal Paper from Spain,''
dated October 27, 2020.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Torraspapel S.A............................................. 41.45
All Others.................................................. 37.07
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce applied AFA to the mandatory
respondent in this investigation, Torraspapel, S.A., in accordance with
section 776 of the Act, and the AFA dumping margin is based solely on
the petition, there are no calculations to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of thermal paper from
Spain, as described in the appendix to this notice, which were entered,
or withdrawn from warehouse, for consumption on or after May 12, 2021,
the date of publication in the Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the following amounts: (1) The cash
deposit rate for Torraspapel S.A is equal to the company-specific
estimated weighted-average dumping margin listed for Torraspapel S.A in
the table in the ``Final Determination'' section of this notice; (2) if
the exporter is not identified in the table in the ``Final
Determination'' section of this notice, but the producer is, then the
cash deposit rate will be equal to the company-specific estimated
weighted-average dumping margin for the producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters in Spain is equal to the all-others estimated weighted-
average dumping margin listed in the table in the ``Final
Determination'' section of this notice.
These suspension-of-liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of this final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of thermal paper from
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Spain no later than 45 days after this final determination. If the ITC
determines that such injury does not exist, this proceeding will be
terminated, and all cash deposits posted will be refunded and
suspension of liquidation will be lifted. If the ITC determines that
such injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section of this notice.
Notification Regarding Administrative Protective Order
This notice will serve as a final reminder to the parties subject
to an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination and this notice are issued and published in
accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: September 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers thermal paper in the form
of ``jumbo rolls'' and certain ``converted rolls.'' The scope covers
jumbo rolls and converted rolls of thermal paper with or without a
base coat (typically made of clay, latex, and/or plastic pigments,
and/or like materials) on one or both sides; with thermal active
coating(s) (typically made of sensitizer, dye, and co-reactant, and/
or like materials) on one or both sides; with or without a top coat
(typically made of pigments, polyvinyl alcohol, and/or like
materials), and without an adhesive backing. Jumbo rolls are defined
as rolls with an actual width of 4.5 inches or more, an actual
weight of 65 pounds or more, and an actual diameter of 20 inches or
more (jumbo rolls). All jumbo rolls are included in the scope
regardless of the basis weight of the paper. Also included in the
scope are ``converted rolls'' with an actual width of less than 4.5
inches, and with an actual basis weight of 70 grams per square meter
(gsm) or less.
The scope of this investigation covers thermal paper that is
converted into rolls with an actual width of less than 4.5 inches
and with an actual basis weight of 70 gsm or less in third countries
from jumbo rolls produced in the subject countries.
The merchandise subject to this investigation may be classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 4811.90.8030 and 4811.90.9030. Although HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this investigation is
dispositive.
[FR Doc. 2021-21304 Filed 9-29-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 30, 2021.
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