Notice2024-12060
Thermal Paper From the Federal Republic of Germany: Final 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
June 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Koehler Paper SE and Koehler Kehl GmbH (collectively, Koehler), the sole producer/exporter subject from the Federal Republic of Germany (Germany) subject to this administrative review, made sales of subject merchandise at less than normal value during the period of review (POR), May 12, 2021, through October 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 107 (Monday, June 3, 2024)</title>
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[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47517-47518]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12060]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-850]
Thermal Paper From the Federal Republic of Germany: Final 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) determines that
Koehler Paper SE and Koehler Kehl GmbH (collectively, Koehler), the
sole producer/exporter subject from the Federal Republic of Germany
(Germany) subject to this administrative review, made sales of subject
merchandise at less than normal value during the period of review
(POR), May 12, 2021, through October 31, 2022.
DATES: Applicable June 3, 2024.
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 29, 2023, Commerce published the Preliminary Results
and invited interested parties to comment.\1\ On March 13, 2024, we
extended the deadline of the final results to May 24, 2024.\2\ On April
26, 2024, Domtar Corporation and Appvion, LLC (collectively, the
petitioners) submitted a timely-filed case brief.\3\ On May 1, 2024,
Koehler and Matra Americas LLC (Matra) submitted a timely-filed joint
rebuttal brief.\4\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\5\
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\1\ See Thermal Paper from the Republic of Germany: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR
83397 (November 29, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2021-2022 Antidumping Duty Administrative Review,'' dated March 13,
2024.
\3\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
April 26, 2024.
\4\ See Koehler and Matra's Letter, ``Joint Rebuttal Brief of
Koehler Paper SE and Matra Americas, LLC and Matra Atlantic GmbH,''
dated May 1, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on
Thermal Paper from the Republic of Germany; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order \6\
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\6\ See Thermal Paper from Germany, Japan, the Republic of
Korea, and Spain: Antidumping Duty Orders, 86 FR 66284 (November 22,
2021) (Order).
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The merchandise subject to the Order is thermal paper from Germany.
For a complete description of the scope of the Order, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. 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
[[Page 47518]]
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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the margin calculations for Koehler. For a discussion of
these changes, see the Issues and Decision Memorandum.
Final Results of the Review
As a result of this review, we determine the following estimated
weighted-average dumping margin for the period May 12, 2021, through
October 31, 2022:
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Weighted-
average
Exporter/ producer dumping
margin
(percent)
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Koehler Paper SE; Koehler Kehl GmbH.......................... 0.76
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Disclosure
Commerce intends to disclose the calculations performed for Koehler
in connection with these final results to interested parties within
five days of the date of publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of 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 antidumping 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.\7\
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\7\ 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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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 cash 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 Koehler will be
the rate shown above; (2) 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
(3) 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.\8\ These deposit requirements, when imposed,
shall remain in effect until further notice.
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\8\ See Order, 86 FR at 66286.
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Administrative Protective Order
This notice serves as the only reminder to parties subject to
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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/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 Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 24, 2024.
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
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Facts Available to
Koehler's Reporting of U.S. Sales
Comment 2: Whether Commerce Should Attribute Accrued Interest on
Unpaid Antidumping Duties to Matra's U.S. Sales
Comment 3: Whether Commerce Should Exclude Certain Post-Sale
Adjustments Reported in BILLADJ2H and REBATE2H
Comment 4: Whether Commerce Should Apply Partial Adverse Facts
Available to U.S. Credit Expenses
Comment 5: Whether Commerce Should Adjust Matra's Reporting of
DINDIRS2U and USINSUR2U
Comment 6: Whether Commerce Should Implement Corrections from
Verification
VI. Recommendation
[FR Doc. 2024-12060 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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