[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Pages 5083-5084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01794]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-920, C-570-921, A-428-840]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
in their five year (sunset) reviews that revocation of the antidumping 
duty (AD) order and the countervailing duty (CVD) order on lightweight 
thermal paper (LWTP) from the People's Republic of China (PRC) would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the AD and CVD orders on LWTP 
from the PRC. In addition, as a result of the ITC's determination that 
revocation of the AD order on LWTP from Germany is not likely to lead 
to continuation or recurrence of material injury to an industry in the 
United States, the Department is revoking the AD order on LWTP from the 
Germany.

DATES: Effective Date: AD Germany Revocation: November 24, 2013; AD and 
CVD PRC Continuation: January 30, 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.

SUPPLEMENTARY INFORMATION:

Background

    On November 24, 2008, the Department published the AD orders on 
LWTP from the PRC and Germany and the CVD order on LWTP from the 
PRC.\1\ On October 1, 2013, the Department initiated \2\ and the ITC 
instituted \3\ five-

[[Page 5084]]

year (``sunset'') reviews of the AD orders on LWTP from the PRC and 
Germany, and the CVD order on LWTP from the PRC, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act). As a result of 
its reviews, the Department determined that revocation of the AD orders 
on LWTP from the PRC and Germany would likely lead to a continuation or 
recurrence of dumping, and that revocation of the CVD order on LWTP 
from the PRC would likely lead to continuation or recurrence of net 
countervailable subsidies, and notified the ITC of the magnitude of the 
margins of dumping and the subsidy rates likely to prevail were the 
orders revoked.\4\
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    \1\ See Antidumping Duty Orders: Lightweight Thermal Paper From 
Germany and the People's Republic of China, 73 FR 70959 (November 
24, 2008) and Lightweight Thermal Paper From the People's Republic 
of China: Notice of Amended Final Affirmative Countervailing Duty 
Determination and Notice of Countervailing Duty Order.
    \2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 60253 
(October 1, 2013).
    \3\ See Certain Lightweight Thermal Paper From China and 
Germany; Institution of Five-Year Reviews, 78 FR 60313 (October 1, 
2013).
    \4\ See Lightweight Thermal Paper From the People's Republic of 
China: Final Results of Expedited First Sunset Review of the 
Antidumping Duty Order, 79 FR 9879 (February 21, 2014); Lightweight 
Thermal Paper From the People's Republic of China: Final Results of 
the Expedited First Sunset Review of the Countervailing Duty Order, 
79 FR 10477 (February 25, 2014); and Lightweight Thermal Paper From 
Germany: Final Results of the First Full Sunset Review of the 
Antidumping Duty Order, 79 FR 32218 (June 4, 2014).
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    On January 22, 2015, the ITC published its determinations, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the AD and 
CVD orders on LWTP from the PRC would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time, but that revocation of the AD 
order on LWTP from Germany would not be likely to lead to the 
continuation or recurrence of material injury within a reasonably 
foreseeable time.\5\
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    \5\ See Lightweight Thermal Paper From China And Germany; 
Determination, 80 FR 3252 (January 22, 2015).
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Scope of the Orders

    The merchandise covered by the orders is lightweight thermal paper. 
The scope of the orders includes certain lightweight thermal paper, 
which is thermal paper with a basis weight of 70 grams per square meter 
(g/m\2\) (with a tolerance of <plus-minus> 4.0 g/m\2\) 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 LWTP 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 the orders may be classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) under subheadings 3703.10.60, 
4811.59.20, 4811.90.8000, 4811.90.8030, 4811.90.8040, 4811.90.8050, 
4811.90.9000, 4811.90.9030, 4811.90.9035, 4811.90.9050, 4811.90.9080, 
4811.90.9090, 4820.10.20, and 4823.40.00.\10\ Although HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the orders 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 the order.
    \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).
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Continuation of the AD and CVD Orders on LWTP From the PRC

    As a result of the determinations by the Department and the ITC 
that revocation of the AD and CVD orders on LWTP from the PRC would 
likely lead to a continuation or recurrence of dumping or net 
countervailable subsidies, and of material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, the Department 
hereby orders the continuation of the AD and CVD orders on LWTP from 
the PRC. U.S. Customs and Border Protection (CBP) will continue to 
collect AD and CVD cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of the 
continuation of the orders will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act, the Department intends to initiate the next five-
year review of these orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Revocation of the AD Order on LWTP From Germany

    As a result of the determination by the ITC that revocation of the 
AD order on LWTP from Germany would not be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, the Department 
is revoking the AD order on LWTP from Germany. Pursuant to section 
751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of 
revocation is November 24, 2013 (i.e., the fifth anniversary of the 
date of publication in the Federal Register of this order).\11\
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    \11\ See Antidumping Duty Orders: Lightweight Thermal Paper From 
Germany and the People's Republic of China, 73 FR 70959 (November 
24, 2008).
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Cash Deposits and Assessment of Duties for LWTP From Germany

    The Department will notify CBP, 15 days after publication of this 
notice, to terminate the suspension of liquidation and to discontinue 
the collection of cash deposits on entries of the subject merchandise 
from Germany, entered or withdrawn from warehouse, on or after November 
24, 2013. The Department will further instruct CBP to refund with 
interest all cash deposits on entries made on or after November 24, 
2013. Entries of subject merchandise prior to the effective date of 
revocation will continue to be subject to suspension of liquidation and 
AD deposit requirements and assessments. The Department will complete 
any pending or requested administrative reviews of this order covering 
entries prior to November 24, 2013.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These five-year (sunset) reviews and notice are in accordance with 
sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 
351.218(f)(4).

    Dated: January 26, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-01794 Filed 1-29-15; 8:45 am]
BILLING CODE 3510-DS-P