[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Notices]
[Page 41439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17426]
[[Page 41439]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-840]
Lightweight Thermal Paper from Germany: Extension of Time Limits
for the Preliminary Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
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 Ave, NW, Washington, DC 20230; telephone: (202) 482-3692
or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 23, 2009, the U.S. Department of Commerce (the
Department) published a notice of initiation of the administrative
review of the antidumping duty order on lightweight thermal paper from
Germany (LTWP), covering the period November 20, 2008, to October 31,
2009. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 74 FR 68229
(December 23, 2009). The notice of the preliminary results is currently
due no later than August 9, 2010.\1\
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\1\ As explained in the memorandum from the Deputy Assistant
Secretary for Import Administration, the Department has exercised
its discretion to toll deadlines for the duration of the closure of
the Federal Government from February 5, through February 12, 2010.
Thus, all deadlines in this segment of the proceeding have been
extended by seven days. The revised deadline for the preliminary
results of this antidumping duty administrative review is now August
9, 2010. See Memorandum to the Record from Ronald Lorentzen, DAS for
Import Administration, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During the Recent
Snowstorm,'' dated February 12, 2010.''
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Extension of Time Limit of Preliminary Results
Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), requires that the Department make a preliminary determination
within 245 days after the last day of the anniversary month of an order
for which a review is requested. Section 751(a)(3)(A) of the Act
further states that if it is not practicable to complete the review
within the time period specified, the administering authority may
extend the 245-day period to issue its preliminary results to up to 365
days. We determine that completion of the preliminary results of this
review within the 245-day period is not practicable because of the
allegations raised by petitioner. Specifically, petitioner alleges that
during the period of review (POR) Papierfabrik August Koehler AG and
Koehler America, Inc. (collectively, Koehler) made a substantial number
of sales below the cost of production in the home market, and that
Koehler's home market sales of a certain model constitute a fictitious
market.
During the investigation, the Department did not find that
Koehler's sales were at prices less than the cost of production. See
Lightweight Thermal Paper from Germany: Notice of Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 73 FR 27498, 27502 (May 13, 2008), unchanged in
the final results. However, based on an allegation submitted by
petitioner on April 16, 2010, the Department determined that there are
reasonable grounds to believe or suspect that Koehler made sales of the
subject merchandise in Germany at prices below its cost of production,
pursuant to section 773(b) of the Act and initiated a cost of
production review.
Given the complexity of the issues in this case, the Department
needs more time to gather and analyze additional information. In
accordance with section 751(a)(3)(A) of the Act, we are fully extending
the time period for issuing the preliminary results of this review by
120 days. Therefore, the preliminary results are now due no later than
December 7, 2010. The final results continue to be due 120 days after
publication of the preliminary results.
This notice is published pursuant to sections 751(a)(3)(A) and
777(i)(1) of the Act.
Dated: July 12, 2010.
Edward C. Yang,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-17426 Filed 7-15-10; 8:45 am]
BILLING CODE 3510-DS-S