[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Pages 11135-11136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5115]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-840]
Lightweight Thermal Paper from Germany: Notice of Partial
Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 10, 2010.
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 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 2, 2009, the Department of Commerce (the Department)
published in the Federal Register a notice of ``Opportunity to Request
Administrative Review'' of the antidumping duty order on lightweight
thermal paper (thermal paper) from Germany for the period of review
(POR), November 20, 2008, through October 31, 2009. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity To Request Administrative Review, 74 FR 56573 (November 2,
2009).
[[Page 11136]]
On November 30, 2009, the Department received a timely request
filed on behalf of Appleton Papers Inc. (petitioner) to conduct an
administrative review of Mitsubishi HiTec Paper Flensburg GmbH,
Mitsubishi HiTec Paper Bielefeld GmbH, and Mitsubishi International
Corp. (collectively, Mitsubishi), and Papierfabrik August Koehler AG
(Koehler). On November 30, 2009, the Department also received a request
filed on behalf of Koehler to conduct an administrative review of
Koehler.
Pursuant to the aforementioned requests, the Department published
in the Federal Register a notice of initiation of an administrative
review of the antidumping duty order on thermal paper from Germany,
covering two respondents, Mitsubishi and Koehler. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 74 FR 68229 (December 23, 2009) (Notice of
Initiation).
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/m\2\) (with a tolerance of 4.0 g/m\2\)
or less; irrespective of dimensions;\1\ with or without a base coat\2\
on one or both sides; with thermal active coating(s)\3\ 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;\4\ 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 these orders 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, and 4823.40.00.\5\ Although HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of these orders is dispositive.
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\1\ Thermal paper 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.
\2\ 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.
\3\ A thermal active coating is typically made of sensitizer,
dye, and co-reactant.
\4\ 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.
\5\ 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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Partial Rescission of the 2008-2009 Administrative Review
On January 26, 2010, petitioner withdrew its request for review of
Mitsubishi. Pursuant to 19 CFR Sec. 351.213(d)(1), the Secretary will
rescind an administrative review, in whole or in part, if the parties
that requested a review withdraw the request within 90 days of the date
of publication of the notice of initiation of the requested review. The
instant review was initiated on December 23, 2009. See Notice of
Initiation. The petitioner's withdrawal of request for a review of
Mitsubishi falls within the 90-day deadline for rescission by the
Department, and no other party requested an administrative review of
this particular respondent. Therefore, in accordance with 19 CFR Sec.
351.213(d)(1), and consistent with our practice, we are rescinding this
review with respect to Mitsubishi. See, e.g., Certain Lined Paper
Products From India: Notice of Partial Rescission of Antidumping Duty
Administrative Review and Extension of Time Limit for the Preliminary
Results of Antidumping Duty Administrative Review, 74 FR 21781 (May 11,
2009). The instant review will continue with respect to Koehler.
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR Sec. 351.402(f)(2) to file a certificate
regarding 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
an APO in accordance with 19 CFR Sec. 351.305(a)(3). 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.
We have been enjoined from liquidating entries of the subject
merchandise produced and/or exported by Mitsubishi. Therefore, we do
not intend to issue liquidation instructions to U.S. Customs and Border
Protection (CBP) for such entries entered on or after November 20,
2008, until such time the preliminary injunction issued on March 17,
2009, is lifted.
This notice is issued and published in accordance with sections
751(a)(1), 751(a)(3)(A), and 777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR Sec. 351.213(d)(4).
Dated: March 4, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-5115 Filed 3-9-10; 8:45 am]
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