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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100961-100963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29322]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-850]

Thermal Paper From Germany: Preliminary Results and Rescission, 
In Part, of Antidumping Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sales of thermal paper from Germany were not made at 
less than normal value (NV) during the period of review (POR), November 
1, 2022, through October 31, 2023. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable December 13, 2024.

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 November 22, 2021, Commerce published in the Federal Register 
the antidumping duty order on thermal paper from Germany.\1\ On 
November 2, 2023, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the Order for the 
POR.\2\ On December 29, 2023, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the Order.\3\ On March 15, 2024, Lollicup USA Incorporated 
(Lollicup) withdrew its request for review of Mitsubishi Hitec Paper 
(Mitsubishi).\4\ Therefore, Commerce is examining Koehler Paper SE and 
Koehler Kehl GmbH (collectively, Koehler) as the sole mandatory 
respondent in this review.\5\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\6\ In July 
2024 and November 2024, we extended the deadline for preliminary 
results of this administrative review. The deadline to issue the 
preliminary results is no later than December 6, 2024.\7\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\8\
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    \1\ See Thermal Paper from Germany, Japan, the Republic of 
Korea, and Spain: Antidumping Duty Orders, 86 FR 66284 (November 22, 
2021) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation Opportunity to Request Administrative Review 
and Join Annual Inquiry Service List, 88 FR 75270 (November 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 90168 (December 29, 2023).
    \4\ See Lollicup's Letter, ``Withdrawal of Administrative Reque 
Request,'' dated March 15, 2024.
    \5\ See Memorandum, ``Respondent Selection,'' dated February 29, 
2024; see also Memorandum, ``Suspension of Deadlines for Mitsubishi 
Hitec Paper; and Commerce's Letters, ``Affiliation Between Koehler 
and Matra,'' dated April 10, 2024).
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \7\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated 
July 15, 2024; see also Memorandum, ``Second Extension of Deadline 
for Preliminary Results of 2022-2023 Antidumping Duty Administrative 
Review,'' dated November 8, 2024.
    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022-2023 Administrative Review of the Antidumping 
Duty Order on Thermal Paper from the Republic of Germany,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is thermal paper from Germany. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested a 
review withdraws its request within 90 days of the date of publication 
of notice of initiation. As noted above, Lollicup withdrew its request 
for review of Mitsubishi within the 90-day deadline. As no other party 
requested for review of Mitsubishi, we are rescinding this 
administrative review with respect to Mitsubishi, pursuant to 19 CFR 
351. 213(d)(1).

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated 
constructed export price in accordance with section 772 of the Act. We 
calculated NV in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an 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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the period 
November 1, 2022, through October 31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Koehler Paper SE; Koehler Kehl GmbH \9\....................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment
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    \9\ In accordance with our collapsing determination in the prior 
administrative review, Commerce continues to collapse these 
companies and treat them as a single entity. See Thermal Paper From 
the Republic of Germany: Preliminary Results of Antidumping Duty 
Administrative Review; 2021-2022, 88 FR 83397 (November 29, 2023), 
and accompanying Preliminary Decision Memorandum at 4-5, unchanged 
in Thermal Paper From the Federal Republic of Germany: Final Results 
of Antidumping Duty Administrative Review; 2021-2022, 89 FR 47517 
(June 3, 2024).
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    Commerce intends to disclose the calculations performed for these 
preliminary results to interested parties within five days of any 
public

[[Page 100962]]

announcement or, if there is no public announcement, within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in case briefs, may 
be filed no later than five days after the date for filing case 
briefs.\10\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\11\ All briefs must be 
filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety in ACCESS by 5:00 p.m. 
Eastern Time on the established deadline.
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    \10\ See 19 CFR 351.309(d)(1); see also Administrative 
Protective Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\12\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the Issues and Decision Memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\13\
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    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. Issues raised in the hearing 
will be limited to those raised in the respective case briefs. If a 
request for a hearing is made, parties will be notified of the time and 
date for the hearing.\14\
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    \14\ See 19 CFR 351.310(d).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis raised in any written briefs, not later than 120 days after 
the publication of this notice in the Federal Register, pursuant to 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review. 
Pursuant to 19 CFR 351.212(b)(1), because Koehler reported the entered 
value for all of its U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of the sales for which entered value was reported. Where 
either Koehler's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c), or an importer-specific rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Koehler for which it did 
not know that the merchandise it sold to an intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate those 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\15\
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    \15\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For Mitsubishi, the company for which Commerce is rescinding this 
review, Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries at a rate equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, during the period November 1, 2022, through 
October 31, 2023, in accordance with 19 CFR 351.212(c)(l)(i). Commerce 
intends to issue assessment instructions to CBP regarding Mitsubishi no 
earlier than 35 days after the date of publication of this notice in 
the Federal Register.
    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable. Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of the final 
results of this review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for previously reviewed or 
investigated companies not covered by this review, the cash deposit 
will continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
or the less-than-fair-value (LTFV) investigation, but the manufacturer 
is, the cash deposit rate will be the rate established for the most 
recent segment for the manufacturer of the merchandise; and (4) the 
cash deposit rate for all other manufacturers and/or exporters will 
continue to be 2.90 percent, the all-others rate established in the 
LTFV investigation.\16\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \16\ See Order, 86 FR at 66286.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding

[[Page 100963]]

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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: December 6, 2024.
Abdelali Elouaradia,
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. Duty Absorption
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-29322 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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