82 FR 56951 - Lightweight Thermal Paper From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 230 (December 1, 2017)

The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on lightweight thermal paper (LWTP) from the People's Republic of China (PRC). The period of review (POR) is November 1, 2015, through October 31, 2016. The review covers three exporters of subject merchandise: Shenzhen Formers Printing Co., Ltd. (Formers), Sailing International Limited (Sailing), and Suzhou Xiandai Paper Production Co (Xiandai). The Department preliminarily finds that Formers, Sailing, and Xiandai have not demonstrated eligibility for a separate rate in this segment of the proceeding, and therefore, for the preliminary results, we are treating Formers, Sailing, and Xiandai as part of the PRC-wide entity. Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 56951-56953]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25903]


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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; 2015-
2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting an 
administrative review of the antidumping duty order on lightweight 
thermal paper (LWTP) from the People's Republic of China (PRC). The 
period of review (POR) is November 1, 2015, through October 31, 2016. 
The review covers three exporters of subject merchandise: Shenzhen 
Formers Printing Co., Ltd. (Formers), Sailing International Limited 
(Sailing), and Suzhou Xiandai Paper Production Co (Xiandai). The 
Department preliminarily finds that Formers, Sailing, and Xiandai have 
not demonstrated eligibility for a separate rate in this segment of the 
proceeding, and therefore, for the preliminary results, we are treating 
Formers, Sailing, and Xiandai as part of the PRC-wide entity. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable December 1, 2017.

FOR FURTHER INFORMATION CONTACT: Alex Rosen, 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) 482-7814.

SUPPLEMENTARY INFORMATION: 

Background

    On January 13, 2017, the Department initiated the eighth 
administrative review of the antidumping duty order on LWTP from the 
PRC on three exporters: Formers, Sailing, and Xiandai.\1\ In the 
Initiation Notice, the Department stated that all firms identified in 
the notice that wished to qualify for separate rate status in the 
administrative review must complete either a separate rate application 
or certification, due to the Department no later than 30 calendar days 
after the publication of the notice, i.e., February 13, 2017.\2\ None 
of the respondents--Formers, Sailing, and Xiandai--timely submitted 
either a complete separate rate application or separate rate 
certification or a statement of ``no shipments'' during the POR. 
Nevertheless, per our practice, on March 16, 2017, the Department 
uploaded and released onto the administrative record of this proceeding 
an antidumping questionnaire to each exporter, Formers, Sailing, and 
Xiandai. However, due to an inadvertent oversight, the Department did 
not issue a physical copy of the questionnaire to any respondent, as is 
the Department's practice when foreign firms are not represented by 
counsel in the United States or representatives thereof have not 
otherwise contacted the Department, and thus, the Department was unable 
to confirm whether parties received the questionnaire. Therefore, on 
July 28, 2017, the Department reissued the antidumping questionnaire to 
Formers, Sailing and Xiandai, served physical copies of the 
questionnaires on all the respondents in accordance with its standard 
practice, and extended the due date of the questionnaire response.\3\ 
On September 7, 2017, the Department requested a U.S. Customs and 
Border Protection (CBP) data file of entries of subject merchandise 
associated with Sailing, Formers or Xiandai during the POR. On 
September 11, 2017, the Department received a response to its request 
indicating there were no suspended AD/CVD entries associated with 
Sailing, Formers or Xiandai during the POR.\4\ For a complete 
description of the events that followed the initiation of

[[Page 56952]]

this administrative review, see the Preliminary Decision Memorandum.\5\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 4294 (January 13, 2017) (Initiation 
Notice).
    \2\ Id. at 4295.
    \3\ See Memorandum, ``Due Date to Respond to the Department's 
Initial Questionnaire,'' dated July 28, 2017.
    \4\ See Memorandum, ``U.S. Customs and Border Protection Import 
Data,'' dated September 11, 2017.
    \5\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the 2015-2016 Antidumping Duty Administrative Review: 
Lightweight Thermal Paper from the People's Republic of China'' 
(Preliminary Decision Memorandum), dated concurrently with and 
hereby adopted by this notice.
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Scope of the Order

    The merchandise 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  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, 4811.90.9030, and 
4811.90.9050.10 11 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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    \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.
    \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 International Trade Commission 
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 Harmonized Tariff Schedule of the United States 
(2009). See Harmonized Tariff Schedule of the United States (2009), 
available at www.usitc.gov. These HTSUS subheadings were added to 
the scope of the order in LWTP's LTFV investigation.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.213. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
included in the Preliminary Decision Memorandum is included in the 
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 
http://access.trade.gov, and ACCESS is available to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Separate Rates and Preliminary Results of Review

    Because Sailing and Xiandai did not respond to the Department's 
antidumping duty questionnaire, the Department preliminarily determines 
that Sailing and Xiandai did not establish their eligibility for 
separate rate status.
    In its submissions to the Department, Formers submitted information 
indicating that it made sales to U.S. customers during the POR which 
includes subject merchandise, but Formers did not provide evidence of a 
suspended entry of subject merchandise into the United States during 
the POR. Further, our inquiry of the CBP data reported no suspended AD/
CVD entries of subject merchandise associated with Formers during the 
POR. Accordingly, Formers did not establish its eligibility for 
separate rate status.
    Therefore, the Department preliminarily determines that these three 
companies are part of the PRC-wide entity. Because no party requested a 
review of the PRC-wide entity, the entity is not under review, and the 
PRC-wide entity's rate of 115.29 percent from the investigation is not 
subject to change.\12\ For additional information regarding this 
determination, see the Preliminary Decision Memorandum.
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    \12\ See Antidumping Duty Orders: Lightweight Thermal Paper from 
Germany and the People's Republic of China, 73 FR 70959, 70960 
(November 24, 2008).
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Public Comment and Opportunity To Request a Hearing

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\13\ Rebuttals to case briefs must be limited to 
issues raised in the case briefs and must be filed within five days 
following the time limit for filing case briefs.\14\ Parties who submit 
arguments are requested to submit with the argument (a) a statement of 
the issue, (b) a brief summary of the argument, and (c) a table of 
authorities.\15\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\16\
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d)(1)-(2).
    \15\ See 19 CFR 351.309(c)(2), (d)(2).
    \16\ See 19 CFR 351.303 (for general filing requirements).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\17\ Hearing requests should contain the 
following information: (1)The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\18\
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    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. Because all three respondents are found to be 
ineligible for a separate rate, the Department will instruct CBP to 
liquidate all appropriate entries at 115.29 percent, i.e., the rate for 
the PRC-wide entity. The Department intends to issue assessment 
instructions to CBP 15

[[Page 56953]]

days after the publication date of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed PRC and non-PRC exporters who are not under 
review in this segment of the proceeding but who have a separate rate 
from the completed segment for the most recent period, the cash deposit 
rate will continue to be the exporter-specific rate published for that 
most recent period; (2) for all PRC exporters of subject merchandise 
that have not been found to be entitled to a separate rate, the cash 
deposit rate will be rate for the PRC-wide entity, 115.29 percent; and 
(3) for all non-PRC exporters of subject merchandise which have not 
received their own separate rate, the cash deposit rate will be the 
rate applicable to the PRC exporter that supplied that non-PRC 
exporter. These 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)(2) to file a certificate 
regarding the reimbursement off antidumping duties prior to liquidation 
of the relevant entries during this 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.

Notification to Interested Parties

    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

    Dated: November 27, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of the 
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. Discussion of the Methodology
V. Recommendation

[FR Doc. 2017-25903 Filed 11-30-17; 8:45 am]
 BILLING CODE 3510-DS-P