21082 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Notices 

1See Lightweight Thermal Paper From Germany: 

Notice of Preliminary Results of Antidumping Duty 

Administrative Review, 76 FR 76360 (December 7, 

2011) (‘‘Preliminary Results’’). 

2See Antidumping Proceedings: Calculation of 

the Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping Duty 

Proceedings; Final Modification, 77 FR 8101 

(February 14, 2012) (‘‘Final Rule’’). 

Camille Evans at 

Camille.Evans@trade.gov or (202) 482– 

2350. 

Dated: April 2, 2012. 

Elizabeth Whiteman, 

Acting Executive Secretary. 

[FR Doc. 2012–8486 Filed 4–6–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Dockets 60, 61 and 62–2011] 

Foreign-Trade Zones 140 and 78, 

Applications for Subzone Authority 

Dow Corning Corporation, Hemlock 

Semiconductor Corporation, and 

Hemlock Semiconductor, L.L.C.; 

Reopening of Rebuttal Periods 

The rebuttal periods for the 

applications for subzone authority at the 

Dow Corning Corporation facility in 

Midland, Michigan (76 FR 63282– 

63283, 10/12/2011), at the Hemlock 

Semiconductor Corporation facility in 

Hemlock, Michigan (76 FR 63282, 10/ 

12/2011) and at the Hemlock 

Semiconductor, L.L.C. facility in 

Clarksville, Tennessee (76 FR 63281– 

63282, 10/12/2011) are being reopened. 

The rebuttal comments submitted on 

March 13, 2012 on behalf of the 

companies cited above contained new 

factual information on which there has 

not been a chance for public comment. 

The rebuttal period for the cases 

referenced above is being reopened to 

April 24, 2012, to allow interested 

parties to comment on the applicants’ 

rebuttal submission. Submissions shall 

be addressed to the Board’s Executive 

Secretary at: Foreign-Trade Zones 

Board, U.S. Department of Commerce, 

Room 2111, 1401 Constitution Ave. 

NW., Washington, DC 20230. 

For further information, contact 

Elizabeth Whiteman at 

Elizabeth.Whiteman@trade.gov or (202) 

482–0473. 

Dated: April 3, 2012. 

Elizabeth Whiteman, 

Acting Executive Secretary. 

[FR Doc. 2012–8490 Filed 4–6–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 7–2012] 

Epson Portland, Inc.—Expansion of 

Manufacturing Authority; Reopening of 

Comment Period 

The comment period on the 

application by the Port of Portland, 

grantee of FTZ 45 to expand the scope 

of manufacturing authority approved 

within Subzone 45F, on behalf of Epson 

Portland, Inc. (EPI), Hillsboro, Oregon 

(77 FR 4006–4007, 1/26/2012), has been 

reopened based on a request from an 

interested party. The comment period 

for the case referenced above is being 

reopened to May 9, 2012, to allow 

interested parties additional time in 

which to comment. Rebuttal comments 

may be submitted during the subsequent 

15-day period, until May 24, 2012. 

Submissions shall be addressed to the 

Board’s Executive Secretary at: ForeignTrade Zones Board, U.S. Department of 

Commerce, Room 2111, 1401 

Constitution Avenue NW., Washington, 

DC 20230. 

For further information, contact Diane 

Finver at Diane.Finver@trade.gov or 

(202) 482–0473. 

Dated: April 3, 2012. 

Elizabeth Whiteman, 

Acting Executive Secretary. 

[FR Doc. 2012–8488 Filed 4–6–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation 

in Part, and Deferral of Administrative 

Review 

Correction 

In notice document 2012–7723 

appearing on pages 19179–19190 in the 

issue of Friday, March 30, 2012, make 

the following correction: 

On page 19181, in the table, in the 

first column, in the last row under the 

heading ‘‘INDIA:’’, 

Ambica Steels Limited Mukand Ltd. 

should read: 

Ambica Steels Limited 

Mukand Ltd. 

[FR Doc. C1–2012–7723 Filed 4–6–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–428–840] 

Lightweight Thermal Paper From 

Germany: Notice of Final Results of 

the 2009–2010 Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On December 7, 2011, the 

Department published the preliminary 

results of the 2009–2010 administrative 

review for the antidumping duty order 

on lightweight thermal paper from 

Germany.1 The review covers one 

manufacturer/exporter: Koehler. The 

period of review (‘‘POR’’) is November 

1, 2009, through October 31, 2010. As a 

result of our analysis of the comments 

received, the final results do not differ 

from the preliminary results. The final 

weighted-average dumping margin for 

this company is listed below in the 

‘‘Final Results of Review’’ section of this 

notice. 

DATES: Effective Date: April 9, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Moore or George McMahon, 

AD/CVD Operations, Office 3, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–3692 and (202) 

482–1167, respectively. 

SUPPLEMENTARY INFORMATION: 

Comments From Interested Parties 

We invited parties to comment on our 

Preliminary Results. Koehler and 

petitioner submitted case briefs on 

January 6, 2012, and rebuttal briefs on 

January 20, 2012. 

On February 14, 2012, the Department 

published a final rule in the Federal 

Register,2 modifying its methodology 

for calculating the weighted-average 

dumping margins and antidumping 

duty assessment rate in administrative 

reviews in order to eliminate ‘‘zeroing.’’ 

On February 15, 2012, Koehler 

submitted comments regarding 

calculation of its final dumping margin, 

requesting that the Department apply 

the Final Rule in the instant review and 

also making an additional zeroing 


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Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Notices 21083 

3LWTP 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. 

4A 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. 

5A thermal active coating is typically made of 

sensitizer, dye, and co-reactant. 

6A 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. 

7On February 5, 2009, the U.S. Court of 

International Trade (‘‘ITC’’) issued a preliminary 

injunction enjoining liquidation of certain entries 

which are subject to the antidumping duty order on 

lightweight thermal paper from Germany for entries 

entered or withdrawn from warehouse for 

consumption on or after November 20, 2008. 

Koehler was granted the injunction against 

liquidation as part of its suit against the ITC’s injury 

determination in the investigation. 

argument that it had not raised in its 

case brief. On February 17, 2012, 

pursuant to 19 CFR 351.302(d), 

petitioner requested that the Department 

reject Koehler’s February 15, 2012, 

submission. On February 21, 2012, 

pursuant to 19 CFR 351.302(d)(1)(i), the 

Department rejected Koehler’s February 

15, 2012, submission in its entirety 

because it contained an untimely filed 

written argument, but stated that 

Koehler could resubmit comments 

without the untimely filed zeroing 

argument. On February 24, 2012, 

Koehler refiled its comments, and on 

February 27, 2012, petitioner requested 

that the Department again reject 

Koehler’s refiled comments. The 

Department determined that Koehler’s 

February 24, 2012, submission did not 

contain untimely filed comments, and 

accepted the submission. The 

Department will not apply the Final 

Rule in the instant segment of the 

proceeding because the methodology 

outlined in the Final Rule applies to 

pending reviews when the preliminary 

determination is issued after April 16, 

2012. The preliminary determination in 

the instant review was issued well 

before April 16, 2012. 

Scope of the Order 

The scope of 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; 3 with 

or without a base coat 4 on one or both 

sides; with thermal active coating(s) 5 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; 6 and 

without an adhesive backing. Certain 

lightweight thermal paper is typically 

(but not exclusively) used in point-ofsale 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, 4811.90.8020, 

4811.90.8030, 4811.90.8040, 

4811.90.8050, 4811.90.9010, 

4811.90.9030, 4811.90.9035, 

4811.90.9050, 4811.90.9080, 

4811.90.9090, 4820.1020, and 

4823.4000. Although HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of this 

order is dispositive. 

Period of Review 

The POR is November 1, 2009, 

through October 31, 2010. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

administrative review are addressed in 

the ‘‘Issues and Decision Memorandum 

for the Final Results of the 2009–2010 

Administrative Review of the 

Antidumping Duty Order on 

Lightweight Thermal Paper from 

Germany,’’ from Christian Marsh, 

Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Paul Piquado, Assistant 

Secretary for Import Administration, 

(‘‘Issues and Decision Memorandum’’), 

dated concurrently with this notice and 

which is hereby adopted by this notice. 

A list of the issues which parties have 

raised, and to which we have responded 

in the Issues and Decision 

Memorandum, is attached to this notice 

as an Appendix. The Issues and 

Decision Memorandum is a public 

document and is on file electronically 

via Import Administration’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(‘‘IA ACCESS’’). IA ACCESS is available 

in the Central Records Unit, main 

Commerce Building, Room 7046. In 

addition, a complete version of the 

Issues and Decision Memorandum can 

be accessed directly on the Web at 

http://ia.ita.doc.gov/frn/. The signed 

Issues and Decision Memorandum and 

electronic version of the Issues and 

Decision Memorandum are identical in 

content. 

Final Results of Review 

We determine that the following 

weighted-average margin exists for the 

period November 1, 2009, through 

October 31, 2010: 

Manufacturer/ 

Exporter 

Weightedaverage 

margin 

(percent) 

final rate 

Papierfabrik August Koehler 

AG ......................................... 3.99 

Duty Assessment 

We have been enjoined from 

liquidating entries of the subject 

merchandise produced and exported by 

Koehler.7 Therefore, we do not intend to 

issue liquidation instructions to U.S. 

Customs and Border Protection (‘‘CBP’’) 

for such entries covered by this 

administrative review, until the 

preliminary injunction issued on 

February 5, 2009, is lifted. 

Upon lifting of the injunction, the 

Department shall determine and CBP 

shall assess antidumping duties on all 

appropriate entries. Pursuant to 19 CFR 

351.212(b)(1), the Department calculates 

an assessment rate for each importer of 

the subject merchandise for each 

respondent. If any importer-specific 

assessment rates calculated in the final 

results are above de minimis (i.e., at or 

above 0.5 percent), the Department will 

issue appraisement instructions directly 

to CBP to assess antidumping duties on 

appropriate entries. 

To determine whether the duty 

assessment rates covering the period 

were de minimis, in accordance with 

the requirement set forth in 19 CFR 

§ 351.106(c)(2), for each respondent we 

calculated importer (or customer)- 

specific ad valorem rates by aggregating 

the dumping margins calculated for all 

U.S. sales to that importer or customer 

and dividing this amount by the total 

entered value of the sales to that 

importer (or customer). Where an 

importer (or customer)-specific ad 

valorem rate is greater than de minimis, 

and the respondent has reported reliable 

entered values, we apply the assessment 

rate to the entered value of the 

importer’s/customer’s entries during the 

review period. Where an importer (or 

customer)-specific ad valorem rate is 

greater than de minimis and we do not 

have reliable entered values, we 

calculate a per-unit assessment rate by 

aggregating the dumping duties due for 

all U.S. sales to each importer (or 

customer) and dividing this amount by 


pmangrum on DSK3VPTVN1PROD with NOTICES
21084 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Notices 

the total quantity sold to that importer 

(or customer). 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced by the respondent for which 

it did not know its merchandise was 

destined for the United States. In such 

instances, we will instruct CBP to 

liquidate unreviewed entries at the allothers rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction. For a full discussion of 

this clarification, see Antidumping and 

Countervailing Duty Proceedings 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

Cash Deposit Requirements 

The following antidumping duty 

deposit rates will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of lightweight thermal paper from 

Germany entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date of these final 

results, as provided for by section 

751(a)(1) of the Tariff Act of 1930, as 

amended (the Act): (1) If the exporter is 

not a firm covered in this review, but 

was covered in a previous review or the 

original less-than-fair-value (‘‘LTFV’’) 

investigation, the cash deposit rate will 

continue to be the company-specific rate 

established for the most recent period; 

(2) if the exporter is not a firm covered 

in this review, a prior review, or the 

LTFV investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recent period for the manufacturer of 

the subject merchandise; and (3) if 

neither the exporter nor the 

manufacturer is a firm covered by this 

review, a prior review, or the LTFV 

investigation, the cash deposit rate will 

be 6.50 percent, the all-others rate 

established in the LTFV investigation. 

See Antidumping Duty Orders: 

Lightweight Thermal Paper from 

Germany and the People’s Republic of 

China, 73 FR 70959 (November 24, 

2008). These cash deposit requirements 

shall remain in effect until further 

notice. 

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 and/or countervailing 

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 and/or 

countervailing duties occurred and the 

subsequent increase in antidumping 

duties by the amount of antidumping 

and/or countervailing duties 

reimbursed. 

Notification Regarding APOs 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(5). Timely 

written notification of the return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

This administrative review and notice 

are in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: April 2, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

Appendix I 

List of Comments in the Issues and Decision 

Memorandum 

Comment 1: Whether the Language of the 

Statute and Governing Regulation Allows 

the Department’s Disallowance of Certain 

Post-Sale Price Adjustments 

Comment 2: Whether the Monatsbonus 

Rebate is Legitimate 

Comment 3: Whether the Department’s 

Decision Suggest That All Strategies 

Intended to Reduce Dumping Are ‘‘Ipso 

Facto Illegitimate’’ 

Comment 4: Whether to Recalculate 

Koehler’s CEP Profit 

[FR Doc. 2012–8477 Filed 4–6–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XB156 

Endangered and Threatened Species; 

Take of Anadromous Fish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Receipt of application for 

renewal of a scientific research and 

enhancement permit. 

SUMMARY: Notice is hereby given that 

NMFS has received a scientific research 

and enhancement permit application 

request relating to salmonids listed 

under the Endangered Species Act 

(ESA). The proposed research program 

is intended to increase knowledge of the 

species and to help guide management 

and conservation efforts. The 

applications and related documents may 

be viewed online at: https://apps.nmfs.

noaa.gov/preview/preview_open_for_

comment.cfm. These documents are also 

available upon written request or by 

appointment by contacting NMFS by 

phone (707) 575–6097 or fax (707) 578– 

3435. 

DATES: Written comments on the permit 

application must be received at the 

appropriate address or fax number (see 

ADDRESSES) no later than 5 p.m. Pacific 

standard time May 9, 2012. 

ADDRESSES: Written comments on either 

application should be submitted to the 

Protected Resources Division, NMFS, 

777 Sonoma Avenue, Room 325, Santa 

Rosa, CA 95404. Comments may also be 

submitted via fax to (707) 578–3435 or 

by email to FRNpermits.SR@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Jahn, Santa Rosa, CA (ph.: 707– 

575–6097, email.: Jeffrey.Jahn@noaa.

gov). 

SUPPLEMENTARY INFORMATION: 

Species Covered in This Notice 

This notice is relevant to federally 

threatened Central California Coast 

steelhead (Oncorhynchus mykiss), 

endangered Central California Coast 

coho salmon (O. kisutch), and 

threatened California Coastal Chinook 

salmon (O. tshawytscha). 

Authority 

Scientific research permits are issued 

in accordance with section 10(a)(1)(A) 

of the ESA of 1973 (16 U.S.C. 1531– 

1543) and regulations governing listed 

fish and wildlife permits (50 CFR parts 

222–226). NMFS issues permits based 

on findings that such permits: (1) Are 

applied for in good faith; (2) if granted 

and exercised, would not operate to the 

disadvantage of the listed species which 

are the subject of the permits; and (3) 

are consistent with the purposes and 

policies set forth in section 2 of the 

ESA. The authority to take listed species 

is subject to conditions set forth in the 

permits. 

Anyone requesting a hearing on the 

application listed in this notice should 

set out the specific reasons why a 

hearing on the application would be 

appropriate (see ADDRESSES). Such 

hearings are held at the discretion of the 


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