Notice2021-25365
Thermal Paper From Germany, Japan, the Republic of Korea, and Spain: Antidumping Duty Orders
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
November 22, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing antidumping duty orders on thermal paper from Germany, Japan, the Republic of Korea (Korea), and Spain.
Full Text
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<title>Federal Register, Volume 86 Issue 222 (Monday, November 22, 2021)</title>
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[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66284-66287]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25365]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-850, A-588-880, A-580-911, A-469-824]
Thermal Paper From Germany, Japan, the Republic of Korea, and
Spain: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the
[[Page 66285]]
International Trade Commission (ITC), Commerce is issuing antidumping
duty orders on thermal paper from Germany, Japan, the Republic of Korea
(Korea), and Spain.
DATES: Applicable November 22, 2021.
FOR FURTHER INFORMATION CONTACT: David Goldberger at (202) 482-4136
(Germany); Paul Litwin at (202) 482-6002 (Japan); Kristen Ju at (202)
482-3699 (Korea); Abdul Alnoor at (202) 482-4554 (Spain); AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2021, Commerce published its affirmative final
determinations in the less-than-fair-value (LTFV) investigations of
thermal paper from Germany, Japan, Korea, and Spain.\1\ On November 15,
2021, the ITC notified Commerce of its final determinations, pursuant
to section 735(d) of the Tariff Act of 1930, as amended (the Act), that
an industry in the United States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports
of thermal paper from Germany, Japan, Korea, and Spain and its negative
critical circumstances finding with respect to dumped imports of
thermal paper from Germany and Korea.\2\
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\1\ See Thermal Paper from Germany: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part, 86 FR 54152
(September 30, 2021); see also Thermal Paper from Japan: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
54157 (September 30, 2021); Thermal Paper from the Republic of
Korea: Final Affirmative Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances,
86 FR 54154 (September 30, 2021); and Thermal Paper from Spain:
Final Determination of Sales at Less Than Fair Value, 86 FR 54162
(September 30, 2021).
\2\ See ITC Letter, ``Notification of ITC Final Determinations
in Investigation Nos. 731-TA-1546-1549 (Final),'' dated November 15,
2021.
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Scope of the Orders
The product covered by these orders is thermal paper from Germany,
Japan, Korea, and Spain. For a complete description of the scope of
these orders, see the appendix to this notice.
Antidumping Duty Orders
On November 15, 2021, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured within the meaning of section 735(b)(1)(A)(i) of
the Act by reason of imports of thermal paper from Germany, Japan,
Korea, and Spain.\3\ Therefore, in accordance with section 735(c)(2) of
the Act, Commerce is issuing these antidumping duty orders. Because the
ITC determined that imports of thermal paper from Germany, Japan,
Korea, and Spain are materially injuring a U.S. industry, unliquidated
entries of such merchandise from Germany, Japan, Korea, and Spain,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
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\3\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of thermal paper from Germany, Japan, Korea, and
Spain. With the exception of entries occurring after the expiration of
the provisional measures period and before publication of the ITC's
final affirmative injury determinations, as further described below,
antidumping duties will be assessed on unliquidated entries of thermal
paper from Germany, Japan, Korea, and Spain entered, or withdrawn from
warehouse, for consumption, on or after May 12, 2021, the date of
publication of the Preliminary Determinations.\4\
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\4\ See Thermal Paper from Germany: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances, in Part,
Postponement of Final Determination, and Extension of Provisional
Measures, 86 FR 26001 (May 12, 2021); see also Thermal Paper from
the Republic of Japan: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 86 FR 26011 (May 12, 2021);
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); and 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) (collectively, Preliminary
Determinations).
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Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation on all relevant entries
of thermal paper from Germany, Japan, Korea, and Spain. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below. Accordingly, effective on the date of publication in
the Federal Register of the notice of the ITC's final affirmative
injury determinations, CBP will require, at the same time as importers
would normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed below. The relevant all-others rate
applies to all producers or exporters not specifically listed.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of thermal paper from Germany and Korea, we
intend to instruct CBP to lift suspension and to refund any cash
deposits made to secure the payment of estimated antidumping duties
with respect to entries of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after February 11,
2021, (i.e., 90 days prior to the date of the publication of the
Preliminary Determinations) but before May 12, 2021 (i.e., the date of
publication of the Preliminary Determinations).
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of thermal paper from Germany, Japan, Korea, and Spain, Commerce
extended the four-month period to six months in each of these
investigations. Commerce published the preliminary determinations in
these investigations on May 12, 2021.\5\
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\5\ See Preliminary Determinations.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on November 7,
2021. Therefore, in accordance with section 733(d) of the Act, Commerce
intends to instruct CBP to terminate the suspension of liquidation and
to liquidate, without regard to antidumping duties, unliquidated
[[Page 66286]]
entries of thermal paper from Germany, Japan, Korea, and Spain entered,
or withdrawn from warehouse, for consumption after November 7, 2021,
the final day on which the provisional measures were in effect, until
and through the day preceding the date of publication of the ITC's
final affirmative injury determinations in the Federal Register.
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determinations in
the Federal Register.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Germany
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Papierfabrik August Koehler SE.............................. 2.90
All Others.................................................. 2.90
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Japan
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Nippon Paper Industries Co., Ltd./Nippon Paper Papylia Co., 140.25
Ltd........................................................
All Others.................................................. 135.06
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Korea
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Hansol Paper Company........................................ 6.19
All Others.................................................. 6.19
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Spain
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Torraspapel S.A............................................. 41.45
All Others.................................................. 37.07
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Establishment of the Annual Inquiry Service List
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\6\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\7\ The Final Rule and Procedural Guidance
provide that Commerce will maintain an annual inquiry service list for
each order or suspended investigation, and any interested party
submitting a scope ruling application or request for circumvention
inquiry shall serve a copy of the application or request on the persons
on the annual inquiry service list for that order, as well as any
companion order covering the same merchandise from the same country of
origin.\8\
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\6\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\7\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\8\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
order. Each annual inquiry service list will be saved in ACCESS, under
each case number, and under a specific segment type called ``AISL-
Annual Inquiry Service List.'' \9\
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\9\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \10\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for those orders for
which they qualify as an interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\10\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
thermal paper from Germany, Japan, Korea, and Spain pursuant to section
736(a) of the Act. Interested parties can find a list of antidumping
duty orders currently in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
These antidumping duty orders are published in accordance with
section 736(a) of the Act and 19 CFR 351.211(b).
Dated: November 16, 2021.
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--Scope of the Orders
The scope of these orders 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).
[[Page 66287]]
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 these orders 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 these orders 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 these orders is dispositive.
[FR Doc. 2021-25365 Filed 11-19-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.