Notice2024-13376
Lightweight Thermal Paper From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
Primary source
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Published
June 18, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain companies subject to the administrative review of the antidumping duty order on lightweight thermal paper (paper) from the People's Republic of China (China) are part of the China-wide entity because they did not file a separate rate application (SRA). The period of review (POR) is November 1, 2022, through October 31, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 118 (Tuesday, June 18, 2024)</title>
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[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51499-51501]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13376]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-920]
Lightweight Thermal Paper From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain companies subject to the administrative review
of the antidumping duty order on lightweight thermal paper (paper) from
the People's Republic of China (China) are part of the China-wide
entity because they did not file a separate rate application (SRA). The
period of review (POR) is November 1, 2022, through October 31, 2023.
We invite interested parties to comment on these preliminary results.
DATES: Applicable June 18, 2024.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On November 2, 2023, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty order on paper
from China.\1\ On November 30, 2023, Lollicup USA Incorporated
(Lollicup), a U.S. importer of subject merchandise, requested an
administrative review of the following producers and/or exporters of
subject merchandise: Guangdong Guanhao High-Tech (Guangdong Guanhao),
Guangdong Polygon New Materials (Guangdong Polygon), and Henan Jianghe
Paper (Henan Jianghe).\2\ On December 29, 2023, Commerce initiated this
administrative review of the Order for the period of review (POR)
November 1, 2022, through October 31, 2023.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 75270 (November
2, 2023); see also Antidumping Duty Orders: Lightweight Thermal
Paper from Germany and the People's Republic of China, 73 FR 70959
(November 24, 2008) (Order).
\2\ See Lollicup's Letter, ``Administrative Review Request,''
dated November 30, 2023.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 23, 2023) (Initiation
Notice).
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In the Initiation Notice, Commerce notified parties that the
deadline for interested parties to submit an SRA or separate rate
certification (SRC) was January 29, 2024.\4\ No party submitted an SRA
or an SRC. On July 20, 2023, we placed on the record U.S. Customs and
Border Protection (CBP) data for entries of paper from China and
invited interested parties to comment.\5\ No party commented on the CBP
Data Memorandum. The deadline for the preliminary results of this
review is August 1, 2024.
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\4\ Id., 88 FR at 90169-70, specifying that SRAs and SRCs were
due 30 days from the publication of Commerce's Initiation Notice. In
this administrative review, the deadline was January 29, 2024.
\5\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated March 11, 2024 (CBP Data Memorandum).
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Scope of the Order
The products covered by this Order includes certain lightweight
thermal paper, which is thermal paper with a basis weight of 70 grams
per square meter (g/m2) (with a tolerance of <plus-minus> 4.0 g/m2) or
less; irrespective of dimensions; \6\ with or without a base coat \7\
on one or both sides; with thermal active coating(s) \8\ on one or both
sides that is a mixture of the dye and the developer that react and
form an image when heat is applied; with or without a top coat; \9\ and
without an adhesive backing. Certain lightweight thermal paper is
typically (but not exclusively) used in point-of-sale applications such
as ATM receipts, credit card receipts, gas pump receipts, and retail
store receipts. The merchandise subject to this order may be classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 3703.10.60, 4811.59.20, 4811.90.8040, 4811.90.9090,
4820.10.20, 4823.40.00, 4811.90.8030, 4811.90.8050,
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\6\ LWTP is typically produced in jumbo rolls that are slit to
the specifications of the converting equipment and then converted
into finished slit rolls. Both jumbo and converted rolls (as well as
LWTP in any other form, presentation, or dimension) are covered by
the scope of these orders.
\7\ A base coat, when applied, is typically made of clay and/or
latex and like materials and is intended to cover the rough surface
of the paper substrate and to provide insulating value.
\8\ A thermal active coating is typically made of sensitizer,
dye, and co-reactant.
\9\ A top coat, when applied, is typically made of polyvinyl
acetone, polyvinyl alcohol, and/or like materials and is intended to
provide environmental protection, an improved surface for press
printing, and/or wear protection for the thermal print head.
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4811.90.9030, and 4811.90.9050.<SUP>10 11</SUP> Although HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this Order is dispositive.
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\10\ HTSUS subheading 4811.90.8000 was a classification used for
LWTP until January 1, 2007. Effective that date, subheading
4811.90.8000 was replaced with 4811.90.8020 (for gift wrap, a non-
subject product) and 4811.90.8040 (for ``other'' including LWTP).
HTSUS subheading 4811.90.9000 was a classification for LWTP until
July 1, 2005. Effective that date, subheading 4811.90.9000 was
replaced with 4811.90.9010 (for tissue paper, a non-subject product)
and 4811.90.9090 (for ``other,'' including LWTP).
\11\ As of January 1, 2009, the ITC deleted HTSUS subheadings
4811.90.8040 and 4811.90.9090 and added HTSUS subheadings
4811.90.8030, 4811.90.8050, 4811.90.9030, and 4811.90.9050 to the
HTSUS (2009). See Harmonized Tariff Schedule of the United States
(2009), available at <a href="http://ww.usitc.gov">ww.usitc.gov</a>. These HTSUS subheadings were
added to the scope of the order in lightweight thermal paper's LTFV
investigation.
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[[Page 51500]]
Preliminary Results of Review
In the Initiation Notice, Commerce notified interested parties that
SRCs or SRAs, as applicable, are due to Commerce no later than 30
calendar days after publication of the Initiation Notice in the Federal
Register.\12\ No party for which a review was requested submitted the
requisite SRC or SRA. As such, Commerce finds that all companies for
which a review was requested (Guangdong Guanhao, Guangdong Polygon, and
Henan Jianghe) have failed to demonstrate eligibility for a separate
rate and are part of the China-wide entity.
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\12\ See Initiation Notice, 88 FR at 90169-70.
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Commerce no longer considers the China-wide entity as an exporter
conditionally subject to administrative review.\13\ Accordingly, the
China-wide entity will not be under review unless Commerce specifically
receives a request for, or self-initiates, a review of the entity. In
this administrative review, no party requested a review of the China-
wide entity. Moreover, we have not self-initiated a review of the
China-wide entity. Because no review of the China-wide entity is being
conducted, the China-wide entity's entries are not subject to the
review, and the weighted-average dumping margin for the China-wide
entity rate (i.e., 115.29 percent) is not subject to change.\14\
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\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\14\ See Order, 73 FR at 70959.
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Disclosure and Public Comment
Normally, Commerce discloses the calculations used in its analysis
to parties performed in preliminary results 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 preliminary results,
in accordance with 19 CFR 351.224(b). However, because all parties
subject to this review have failed to demonstrate eligibility for a
separate rate and are part of the China-wide entity, there are no
calculations to disclose.
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.\15\ 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.\16\
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\15\ See 19 CFR 351.309(d).
\16\ 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 brief 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.\17\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ 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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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
Enforcement and Compliance's Antidumping and CVD Centralized Electronic
Service System (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 5:00
p.m. Eastern Time within 30 days after the date of publication of this
notice.
Final Results of Review
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case and rebuttal briefs, within 120 days
of publication of these preliminary results in the Federal
Register.\19\
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\19\ See section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act); and 19 CFR 351.213(h).
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Assessment
For the three companies subject to this review, upon issuance of
the final results of this review, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by this review.\20\ If Commerce continues to find
that Guangdong Guanhao, Guangdong Polygon, and Henan Jianghe are part
of the China-wide entity in the final results, Commerce intends to
instruct CBP to liquidate entries containing subject merchandise
exported by the companies under review that we determine in the final
results to be part of the China-wide entity at the China-wide entity
rate of 115.29 percent. 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).
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\20\ See 19 CFR 351.212(b)(1).
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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 for by section
751(a)(2)(C) of the Act: (1) for previously investigated or reviewed
Chinese and non-Chinese exporters for which a review was not requested
and that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (2) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate for the China-wide entity; and
(3) for all non-Chinese exporters of subject merchandise that have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
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 and/
[[Page 51501]]
or countervailing 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 and/or countervailing duties occurred and the subsequent
assessment of double antidumping duties, and/or an increase in the
amount of antidumping duties by the amount of countervailing 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, and 19 CFR 351.213 and 19 CFR
351.221(b)(4).
Dated: June 11, 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.
[FR Doc. 2024-13376 Filed 6-17-24; 8:45 am]
BILLING CODE 3510-DS-P
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