Notice2025-23883
Thermal Paper From Germany: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination; Notice of Amended Order, In Part
Primary source
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Published
December 29, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On November 20, 2025, the U.S. Court of International Trade (CIT) issued its final judgment in Matra Americas, LLC et al v. United States, Slip Op. 25-145, Consol. Court No. 21-00632, sustaining the U.S. Department of Commerce (Commerce)'s final remand redetermination pertaining to the antidumping duty (AD) investigation of thermal paper from Germany covering the period of investigation October 1, 2019, through September 30, 2020. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final determination in that investigation, and that Commerce is amending the final determination and the resulting AD order with respect to the dumping margin assigned to Koehler Paper SE (Koehler) and all other producers and/or exporters.
Full Text
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<title>Federal Register, Volume 90 Issue 245 (Monday, December 29, 2025)</title>
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[Federal Register Volume 90, Number 245 (Monday, December 29, 2025)]
[Notices]
[Pages 60617-60618]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23883]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-850]
Thermal Paper From Germany: Notice of Court Decision Not in
Harmony With the Final Determination of Antidumping Investigation;
Notice of Amended Final Determination; Notice of Amended Order, In Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 20, 2025, the U.S. Court of International Trade
(CIT) issued its final judgment in Matra Americas, LLC et al v. United
States, Slip Op. 25-145, Consol. Court No. 21-00632, sustaining the
U.S. Department of Commerce (Commerce)'s final remand redetermination
pertaining to the antidumping duty (AD) investigation of thermal paper
from Germany covering the period of investigation October 1, 2019,
through September 30, 2020. Commerce is notifying the public that the
CIT's final judgment is not in harmony with Commerce's final
determination in that investigation, and that Commerce is amending the
final determination and the resulting AD order with respect to the
dumping margin assigned to Koehler Paper SE (Koehler) and all other
producers and/or exporters.
DATES: Applicable December 1, 2025.
FOR FURTHER INFORMATION CONTACT: Anne Entz, 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) 482-3845.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2021, Commerce published its Final Determination
in the AD investigation of thermal paper from Germany. Commerce: (1)
applied the Cohen's d test as part of its differential pricing
analysis; \1\ (2) accepted Koehler's reporting of the static
sensitivity product characteristic in its sales and cost databases for
all but one product in the final determination; \2\ and (3)
recalculated Koehler's reported financial expense ratio to include the
interest expenses accrued on Koehler's unpaid antidumping duties from
the revoked LWTP Order.\3\ Commerce subsequently published the AD order
on thermal paper from Germany.\4\
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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) (Final Determination), and accompanying Issues
and Decision Memorandum at Comment 1.
\2\ Id. at Comments 3 and 4.
\3\ Id. at Comment 5; see also Antidumping Duty Orders:
Lightweight Thermal Paper from Germany and the People's Republic of
China, 73 FR 70959 (November 24, 2008) (LWTP Order).
\4\ 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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Certain parties appealed Commerce's Final Determination. On
February 8, 2024, the CIT remanded the Final Determination to Commerce
to reconsider or explain: (1) its application of the Cohen's d test to
Koehler's U.S. sales; (2) the coding of the static sensitivity product
characteristic; and (3) the decision not to treat Koehler's accrued
interest expenses related to unpaid antidumping duties as part of
indirect selling expenses.\5\
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\5\ See Matra Americas, LLC et al. v. United States, 681 F.
Supp. 3d 1339, 1382 (CIT 2024) (Remand Order).
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In its final remand redetermination, issued in August 2025,
Commerce: (1) reconsidered its application of the Cohen's d test as
part of its differential pricing analysis; (2) reopened the record to
provide Koehler with an opportunity to remedy its reporting of the
static sensitivity product characteristic; and (3) provided further
explanation of the inclusion of Koehler's accrued interest expenses
related to unpaid antidumping duties as part of the financial expense
ratio in the calculation of the cost of production, instead of as U.S.
indirect selling expenses.\6\ The CIT sustained Commerce's final
redetermination.\7\
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\6\ See Final Results of Redetermination Pursuant to Court
Remand, Matra Americas, LLC v. United States, 681 F. Supp. 3d 1339
(CIT 2024), dated August 28, 2025 (Final Remand), available at
<a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\7\ See Matra Americas, LLC et al. v. United States, Slip Op.
25-145, Consol. Court No. 21-00632 (CIT 2025).
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Timken Notice
In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's November 20,
2025, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Determination. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\8\ See Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir.
1990) (Timken).
\9\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination as follows:
[[Page 60618]]
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Koehler Paper SE; Koehler Kehl GmbH......................... 6.27
All Others.................................................. 6.27
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Amended AD Order
Pursuant to section 735(c)(2) of the Act, Commerce shall ``issue an
antidumping duty order under section 736'' of the Act when the final
determination is affirmative. As a result of this amended final
determination, Commerce is hereby amending the Order to revise the
weighted-average dumping margin assigned to Koehler and all other
producers and/or exporters of subject merchandise, as noted above.
Cash Deposit Requirements
Because Koehler has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, this notice will not affect the current cash deposit rate for
Koehler. For the rate applicable to all other exporters and/or
producers, Commerce will issue revised cash deposit instructions to
U.S. Customs and Border Protection.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: December 15, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-23883 Filed 12-23-25; 8:45 am]
BILLING CODE 3510-DS-P
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