Notice2023-26235
Thermal Paper From the Republic of Germany: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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 29, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) of May 12, 2021, through October 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 228 (Wednesday, November 29, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83397-83399]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26235]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-850]
Thermal Paper From the Republic of Germany: 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 certain producers/exporters subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR) of May 12, 2021,
through October 31, 2022. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable November 29, 2023.
FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, 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) 482-0462.
SUPPLEMENTARY INFORMATION:
Background
On November 22, 2021, Commerce published in the Federal Register
the antidumping duty order on thermal paper from the Republic of
Germany (Germany).\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,
[[Page 83398]]
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the
Order.\3\ Commerce is examining Koehler Paper SE and Koehler Kehl GmbH
(collectively, Koehler) as the sole mandatory respondent in this
review.\4\ In June 2023, we extended the deadline for preliminary
results of this administrative review to no later than November 22,
2023.\5\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\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); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 15642 (March 14, 2023) (correcting our mistake in
initiating a review of Matra, a U.S. importer of subject
merchandise).
\4\ See Memorandum, ``Respondent Selection,'' dated February 7,
2023; Memorandum, ``Additional Respondent Selection,'' dated
February 23, 2023; and Commerce's Letter, ``Matra Americas LLC
Reporting Methodology,'' dated March 17, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review,''
dated June 27, 2023.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Thermal Paper from the Republic of Germany,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is thermal paper from Germany.
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
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 our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed 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="https://access.trade.gov">https://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 that the
following weighted-average dumping margin exists for the period May 12,
2021, through October 31, 2022:
---------------------------------------------------------------------------
\7\ Commerce has preliminarily determined to collapse these
companies and treat them as a single entity. For further discussion,
see Preliminary Decision Memorandum.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Koehler Paper SE; Koehler Kehl GmbH \7\.................... 0.75
------------------------------------------------------------------------
Assessment Rates
Upon completion of the 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 Koehler 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
antidumping duties calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
either Koehler's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c), 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'' will apply to entries of
subject merchandise during the POR produced by Koehler 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.\8\
---------------------------------------------------------------------------
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 reviewed or
investigated companies not covered by this review, the cash deposit
will continue to be the company-specific 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, 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 and/or exporters will
continue to be 2.90 percent, the all-others rate established in the
LTFV investigation.\9\ These deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\9\ See Order, 86 FR at 66286.
---------------------------------------------------------------------------
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.\10\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs to Commerce no later than
seven days after the date of the last verification report issued in
this administrative review. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for
[[Page 83399]]
filing case briefs.\11\ 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.\12\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.224(b).
\11\ 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).
\12\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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.\13\ 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. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\14\
---------------------------------------------------------------------------
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------
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
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 p.m. Eastern Time
within 30 days after the date of publication of this notice. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing.\15\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
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).
Verification
On April 13, 2023, Domtar Corporation and Appvion, LLC
(collectively, the petitioners in this proceeding) requested that
Commerce conduct verification of the factual information submitted by
the respondent in this administrative review.\16\ Accordingly, as
provided in section 782(i)(3) of the Act, Commerce intends to verify
the information relied upon for its final results.
---------------------------------------------------------------------------
\16\ See Petitioners' Letter, ``Request for Verification,''
dated April 13, 2023.
---------------------------------------------------------------------------
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 the 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 Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-26235 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 29, 2023.
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.