Notice2023-26227
Thermal Paper From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
Primary source
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Published
November 29, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole producer/exporter subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) May 12, 2022, through October 31, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 228 (Wednesday, November 29, 2023)</title>
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[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83384-83386]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26227]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-911]
Thermal Paper From the Republic of Korea: Preliminary 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) preliminarily
determines that the sole producer/exporter subject to this
administrative
[[Page 83385]]
review made sales of subject merchandise at less than normal value (NV)
during the period of review (POR) May 12, 2022, through October 31,
2023. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable November 29, 2023.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, 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) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On November 22, 2021, Commerce published in the Federal Register
the antidumping duty order on thermal paper from the Republic of Korea
(Korea).\1\ On November 1, 2022, Commerce published in the Federal
Register a notice of opportunity to request an administrative review of
the Order for the POR.\2\ On January 3, 2023, based on timely requests
for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the Order covering one company, Hansol Paper
Company (Hansol).\3\ On June 27, 2023, we extended the preliminary
results of this review to no later than November 21, 2023.\4\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\5\
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\1\ See Thermal Paper from Germany, Japan, the Republic of
Korea, and Spain: Antidumping Duty Orders, 86 FR 66284 (November 22,
2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation Opportunity to Request Administrative Review
and Join Annual Inquiry Service List, 87 FR 65750 (November 1,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023).
\4\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of the 2021-2022 Antidumping Administrative Review,'' dated
June 27, 2023.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of 2021-2022 Administrative Review of the Antidumping Duty
Order on Thermal Paper from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is thermal paper from Korea.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export price and constructed export price in accordance with section
772 of the Act. We calculated NV in accordance with section 773 of the
Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics included in the Preliminary Decision Memorandum is attached
as an appendix to this notice. The Preliminary 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="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margin exists for the period May 12,
2021, through October 31, 2022:
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Weighted-
average dumping
Producer or exporter margin
(percent)
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Hansol Paper Company................................... 2.09
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
Pursuant to 19 CFR 351.212(b)(1), because Hansol reported the entered
value for all of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where either Hansol's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), 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'' practice will apply to entries
of subject merchandise during the POR produced by Hansol 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.\6\
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\6\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable. 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 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 the company
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously investigated or
reviewed companies not covered in this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, or the less-than-fair-value (LTFV) investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 6.19 percent, the all-others rate
established in the LTFV investigation.\7\ These cash deposit
[[Page 83386]]
requirements, when imposed, shall remain in effect until further
notice.
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\7\ See Order, 86 FR at 66286.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\8\ 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.\9\ 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.\10\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\10\ 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 briefs 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.\11\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the 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
executive summary of each issue.
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\12\ An electronically-
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ See 19 CFR 351.303.
\13\ 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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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance via ACCESS.\14\ Hearing 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. Oral
presentations at the hearing will be limited to issues raised in the
briefs.\15\ If a request for a hearing is made, parties will be
notified of the time and date for the hearing.\16\
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
\16\ See 19 CFR 351.310(d).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis raised in any written briefs, not later than 120 days after
the publication of this notice in the Federal Register, pursuant to
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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 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
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2023-26227 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 29, 2023.
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