80 FR 18602 - Lightweight Thermal Paper From Germany: Final Results of the Antidumping Duty Administrative Review; 2012-2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 66 (April 7, 2015)
International Trade Administration
Federal Register Volume 80, Issue 66 (April 7, 2015)
| Page Range | 18602-18603 | |
| FR Document | 2015-07974 |
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)] [Notices] [Pages 18602-18603] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07974] [[Page 18602]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-428-840] Lightweight Thermal Paper From Germany: Final Results of the Antidumping Duty Administrative Review; 2012-2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 1, 2014, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on lightweight thermal paper (LWTP) from Germany.\1\ The period of review (POR) is November 1, 2012, through October 31, 2013. We invited interested parties to comment on the preliminary results. After reviewing the comments received and making corrections to the margin calculation program, we continue to find that Papierfabrik August Koehler SE (Koehler) did not make sales of subject merchandise at less than normal value. The final dumping margin for Koehler, listed below in the section entitled ``Final Results of the Review,'' is unchanged from the preliminary results. --------------------------------------------------------------------------- \1\ See Lightweight Thermal Paper from Germany; Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 71086 (December 1, 2014) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective Date: April 7, 2015. FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482- 4136. Background Since the publication of the Preliminary Results, in January 2015, Koehler submitted a case brief. The Department is conducting this administrative review in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The merchandise covered by the order is LWTP.\2\ --------------------------------------------------------------------------- \2\ For a complete description of the scope, see Antidumping Duty Orders: Lightweight Thermal Paper from Germany and the People's Republic of China, 73 FR 70959 (November 24, 2008). See also memorandum entitled ``Lightweight Thermal Paper from Germany: Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review; 2012-2013'' (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in the Issues and Decision Memorandum, which is dated concurrently with, and adopted by, this notice. A list of the issues which parties raised and to which we respond in the Issues and Decision Memorandum is attached to this notice as Appendix I. 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).\3\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ On November 24, 2014, Enforcement and Compliance changed the name of Import Administration's AD and CVD Centralized Electronic Service System (``IA ACCESS'') to AD and CVD Centralized Electronic Service System (``ACCESS''). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). --------------------------------------------------------------------------- Final Results of the Review As a result of this review, we determine that the following weighted-average dumping margin exists for the period November 1, 2012, through October 31, 2013. ------------------------------------------------------------------------ Percent Manufacturer/Exporter margin ------------------------------------------------------------------------ Papierfabrik August Koehler SE............................... 0.00 ------------------------------------------------------------------------ Disclosure We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Assessment Rates The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212(b). The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of these final results of review. Because we have calculated a zero margin for Koehler in the final results of this review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ``automatic assessment'' regulation on May 6, 2003.\4\ This clarification applies to entries of subject merchandise during the POR produced by Koehler for which it did not know that the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate effective during the POR if there is no rate for the intermediate company(ies) involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. --------------------------------------------------------------------------- \4\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). --------------------------------------------------------------------------- Discontinuation of Cash Deposit Requirements On January 22, 2015, the U.S. International Trade Commission determined, pursuant to section 751(c) of the Act (i.e., as a result of a five-year ``sunset'' review), that revocation of the antidumping duty order on the subject merchandise would not be likely to lead to the continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.\5\ Accordingly, the antidumping duty order on LWTP from Germany was revoked effective November 24, 2013.\6\ As a result, we have instructed CBP to discontinue collection of cash deposits of antidumping duties on entries of the subject merchandise made on or after November 24, 2013. --------------------------------------------------------------------------- \5\ See Lightweight Thermal Paper From China And Germany; Determination, 80 FR 3252 (January 22, 2015). \6\ See Lightweight Thermal Paper From the People's Republic of China and Germany: Continuation of the Antidumping and Countervailing Duty Orders on the People's Republic of China, Revocation of the Antidumping Duty Order on Germany, 80 FR 5083 (January 30, 2015). --------------------------------------------------------------------------- Notification to Importers This notice also serves as a final 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 Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. [[Page 18603]] Notification Regarding Administrative Protective Orders 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). Timely written notification of return or 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. The final results of this administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221. Dated: March 31, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Topic Discussed in the Issues and Decision Memorandum 1. Ministerial Errors in Margin Calculation Program [FR Doc. 2015-07974 Filed 4-6-15; 8:45 am] BILLING CODE CODE 3510-DS-P
![18602 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices
DEPARTMENT OF COMMERCE Analysis of Comments Received results of this review, we will instruct
All issues raised in the case and CBP to liquidate the appropriate entries
International Trade Administration without regard to antidumping duties.
rebuttal briefs by parties are addressed
[A–428–840] in the Issues and Decision The Department clarified its
Memorandum, which is dated ‘‘automatic assessment’’ regulation on
Lightweight Thermal Paper From concurrently with, and adopted by, this May 6, 2003.4 This clarification applies
Germany: Final Results of the notice. A list of the issues which parties to entries of subject merchandise during
Antidumping Duty Administrative raised and to which we respond in the the POR produced by Koehler for which
Review; 2012–2013 Issues and Decision Memorandum is it did not know that the merchandise
attached to this notice as Appendix I. was destined for the United States. In
AGENCY: Enforcement and Compliance, The Issues and Decision Memorandum such instances, we will instruct CBP to
International Trade Administration, is a public document and is on file liquidate unreviewed entries at the all-
Department of Commerce. electronically via Enforcement and others rate effective during the POR if
SUMMARY: On December 1, 2014, the Compliance’s Antidumping and there is no rate for the intermediate
Department of Commerce (the Countervailing Duty Centralized company(ies) involved in the
Department) published the preliminary Electronic Service System (ACCESS).3 transaction. See Assessment Policy
results of the administrative review of ACCESS is available to registered users Notice for a full discussion of this
the antidumping duty order on at http://access.trade.gov and to all clarification.
lightweight thermal paper (LWTP) from parties in the Central Records Unit,
Germany.1 The period of review (POR) room 7046 of the main Department of Discontinuation of Cash Deposit
is November 1, 2012, through October Commerce building. In addition, a Requirements
31, 2013. We invited interested parties complete version of the Issues and
to comment on the preliminary results. On January 22, 2015, the U.S.
Decision Memorandum can be accessed International Trade Commission
After reviewing the comments received directly on the Internet at http://
and making corrections to the margin determined, pursuant to section 751(c)
enforcement.trade.gov/frn/. The signed of the Act (i.e., as a result of a five-year
calculation program, we continue to and electronic versions of the Issues and
find that Papierfabrik August Koehler ‘‘sunset’’ review), that revocation of the
Decision Memorandum are identical in
SE (Koehler) did not make sales of antidumping duty order on the subject
content.
subject merchandise at less than normal merchandise would not be likely to lead
value. The final dumping margin for Final Results of the Review to the continuation or recurrence of
Koehler, listed below in the section As a result of this review, we material injury to an industry in the
entitled ‘‘Final Results of the Review,’’ determine that the following weighted- United States within a reasonably
is unchanged from the preliminary average dumping margin exists for the foreseeable time.5 Accordingly, the
results. period November 1, 2012, through antidumping duty order on LWTP from
October 31, 2013. Germany was revoked effective
DATES: Effective Date: April 7, 2015.
November 24, 2013.6 As a result, we
FOR FURTHER INFORMATION CONTACT: have instructed CBP to discontinue
Percent
David Goldberger, AD/CVD Operations, Manufacturer/Exporter margin collection of cash deposits of
Office II, Enforcement and Compliance, antidumping duties on entries of the
International Trade Administration, Papierfabrik August Koehler SE ... 0.00 subject merchandise made on or after
U.S. Department of Commerce, 14th November 24, 2013.
Street and Constitution Avenue NW., Disclosure
Washington, DC, 20230; telephone (202) Notification to Importers
We intend to disclose the calculations
482–4136.
performed within five days of the date This notice also serves as a final
Background of publication of this notice to parties in reminder to importers of their
Since the publication of the this proceeding in accordance with 19 responsibility under 19 CFR 351.402(f)
Preliminary Results, in January 2015, CFR 351.224(b). to file a certificate regarding the
Koehler submitted a case brief. The Assessment Rates reimbursement of antidumping duties
Department is conducting this prior to liquidation of the relevant
The Department will determine, and entries during this review period.
administrative review in accordance
U.S. Customs and Border Protection Failure to comply with this requirement
with section 751(a)(1) of the Tariff Act
(CBP) shall assess, antidumping duties could result in the Secretary’s
of 1930, as amended (the Act).
on all appropriate entries, in accordance presumption that reimbursement of
Scope of the Order with 19 CFR 351.212(b). The antidumping duties occurred and the
The merchandise covered by the order Department intends to issue appropriate subsequent assessment of double
is LWTP.2 assessment instructions to CBP 15 days antidumping duties.
after publication of these final results of
1 See Lightweight Thermal Paper from Germany;
review. Because we have calculated a 4 See Antidumping and Countervailing Duty
Preliminary Results of Antidumping Duty zero margin for Koehler in the final Proceedings: Assessment of Antidumping Duties, 68
Administrative Review; 2012–2013, 79 FR 71086 FR 23954 (May 6, 2003) (Assessment Policy Notice).
(December 1, 2014) (Preliminary Results). 3 On November 24, 2014, Enforcement and 5 See Lightweight Thermal Paper From China And
mstockstill on DSK4VPTVN1PROD with NOTICES
2 For a complete description of the scope, see Compliance changed the name of Import Germany; Determination, 80 FR 3252 (January 22,
Antidumping Duty Orders: Lightweight Thermal Administration’s AD and CVD Centralized 2015).
Paper from Germany and the People’s Republic of Electronic Service System (‘‘IA ACCESS’’) to AD 6 See Lightweight Thermal Paper From the
China, 73 FR 70959 (November 24, 2008). See also and CVD Centralized Electronic Service System People’s Republic of China and Germany:
memorandum entitled ‘‘Lightweight Thermal Paper (‘‘ACCESS’’). The Web site location was changed Continuation of the Antidumping and
from Germany: Issues and Decision Memorandum from http://iaaccess.trade.gov to http:// Countervailing Duty Orders on the People’s
for the Final Results of the Antidumping Duty access.trade.gov. The Final Rule changing the Republic of China, Revocation of the Antidumping
Administrative Review; 2012–2013’’ (Issues and references to the Regulations can be found at 79 FR Duty Order on Germany, 80 FR 5083 (January 30,
Decision Memorandum). 69046 (November 20, 2014). 2015).
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![Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices 18603
Notification Regarding Administrative Background an administrative review of the
Protective Orders On November 3, 2014, the Department antidumping duty order on LWTP from
published in the Federal Register a Germany for the POR. Therefore, in
This notice serves as the only
reminder to parties subject to notice of opportunity to request an response to the timely withdrawal of
administrative protective order (APO) of administrative review of the requests for review and pursuant to 19
their responsibility concerning the antidumping duty order on LWTP from CFR 351.213(d)(1), the Department is
disposition of proprietary information Germany for the period of review (POR) rescinding this review in its entirety.
disclosed under APO in accordance November 1, 2013, to October 31, 2014.1
On December 1, 2014, in accordance Assessment
with 19 CFR 351.305(a)(3). Timely
written notification of return or with section 751(a) of the Tariff Act of The Department will instruct U.S.
destruction of APO materials or 1930, as amended (the Act), and 19 CFR Customs and Border Protection (CBP) to
conversion to judicial protective order is 351.213(b), the Department received a
assess antidumping duties on all
hereby requested. Failure to comply timely request from Appvion Inc. (the
appropriate entries. Antidumping duties
with the regulations and the terms of an petitioner), a domestic interested party,
to conduct an administrative review of shall be assessed at rates equal to the
APO is a sanctionable violation. cash deposit of estimated antidumping
the POR sales of Papierfabrik August
The final results of this administrative Koehler SE (Koehler). Also on this date, duties required at the time of entry, or
review and notice are published in Koehler timely requested a review of its withdrawal from warehouse, for
accordance with sections 751(a)(1) and POR sales. consumption, in accordance with 19
777(i)(1) of the Act and 19 CFR 351.221. On December 23, 2014, the CFR 351.212(c)(1)(i). The Department
Dated: March 31, 2015. Department published in the Federal intends to issue appropriate assessment
Paul Piquado, Register a notice of initiation of an instructions directly to CBP 15 days
Assistant Secretary for Enforcement and administrative review of the after the date of publication of this
Compliance. antidumping duty order on LWTP from notice in the Federal Register.
Germany with respect to Koehler.2 On
Appendix I January 7, 2015, Koehler withdrew its Notification to Importers
Topic Discussed in the Issues and Decision request for review.3 On January 30, This notice serves as the only
Memorandum 2015, as a result of a five-year (‘‘sunset’’)
reminder to importers of their
1. Ministerial Errors in Margin Calculation review, the Department revoked the
responsibility, under 19 CFR
Program antidumping duty order on imports of
LWTP from Germany, effective 351.402(f)(2), to file a certificate
[FR Doc. 2015–07974 Filed 4–6–15; 8:45 am]
November 24, 2013.4 Therefore, the POR regarding the reimbursement of
BILLING CODE CODE 3510–DS–P
for this administrative review was antidumping duties prior to liquidation
revised to November 1, 2013, through of the relevant entries during this
DEPARTMENT OF COMMERCE November 23, 2013.5 review period. Failure to comply with
On February 20, 2015, the petitioner this requirement could result in the
International Trade Administration withdrew its request for review of Secretary’s presumption that
Koehler.6 reimbursement of antidumping duties
[A–428–840] Rescission of Administrative Review occurred and the subsequent assessment
of double antidumping duties.
Lightweight Thermal Paper From Pursuant to 19 CFR 351.213(d)(1), the
Germany: Rescission of Antidumping Department will rescind an Notification Regarding Administrative
Duty Administrative Review; 2013– administrative review, in whole or in Protective Order
2014 part, if the parties that requested a
review withdraw the request within 90 This notice serves as the only
AGENCY: Enforcement and Compliance, days of the date of publication of the reminder to parties subject to
International Trade Administration, notice of initiation of the requested administrative protective order (APO) of
Department of Commerce. review. Koehler and the petitioner their responsibility concerning the
withdrew their requests for review disposition of proprietary information
SUMMARY: The Department of Commerce disclosed under APO in accordance
(the Department) is rescinding its before the 90-day deadline (i.e., March
23, 2015), and no other party requested with 19 CFR 351.305(a)(3). Timely
administrative review of the
written notification of the return or
antidumping duty order on lightweight 1 See Antidumping or Countervailing Duty Order, destruction of APO materials, or
thermal paper (LWTP) from Germany Finding, or Suspended Investigation; Opportunity
for the period of November 1, 2013, conversion to judicial protective order,
To Request Administrative Review, 79 FR 65176
through November 23, 2013, based on (November 3, 2014). is hereby requested. Failure to comply
the withdrawal of all requests for 2 See Initiation of Antidumping and with the regulations and the terms of an
review. Countervailing Duty Administrative Reviews, 79 FR APO is a sanctionable violation.
76956 (December 23, 2014).
3 See January 7, 2015, Letter from Koehler. This notice is published in
DATES: Effective Date: April 7, 2015.
4 See Lightweight Thermal Paper From the accordance with section 777(i)(1) of the
FOR FURTHER INFORMATION CONTACT: People’s Republic of China and Germany: Act, and 19 CFR 351.213(d)(4).
David Goldberger, AD/CVD Operations, Continuation of the Antidumping and
mstockstill on DSK4VPTVN1PROD with NOTICES
Countervailing Duty Orders on the People’s Dated: April 1, 2015.
Office II, Enforcement and Compliance,
Republic of China, Revocation of the Antidumping Gary Taverman,
International Trade Administration, Duty Order on Germany, 80 FR 5083 (January 30,
U.S. Department of Commerce, 14th 2015). Associate Deputy Assistant Secretary for
Street and Constitution Avenue NW., 5 See February 10, 2015, Memorandum to the File Antidumping and Countervailing Duty
Washington, DC 20230; telephone: (202) regarding revision of POR due to revocation of Operations.
antidumping duty order.
482–4136. 6 See February 20, 2015, Letter from the
[FR Doc. 2015–07973 Filed 4–6–15; 8:45 am]
SUPPLEMENTARY INFORMATION: petitioner. BILLING CODE CODE 3510–DS–P
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Document Created: 2018-02-21 10:05:01
Document Modified: 2018-02-21 10:05:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: April 7, 2015. | |
| Contact | David Goldberger, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482- 4136. | |
| FR Citation | 80 FR 18602 |
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