[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40249-40250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14437]
[[Page 40249]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-920, C-570-921]
Lightweight Thermal Paper From the People's Republic of China:
Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) and countervailing duty (CVD)
orders on lightweight thermal paper (LWTP) from the People's Republic
of China (China) would likely lead to continuation or recurrence of
dumping, countervailable subsidies, and material injury to an industry
in the United States, Commerce is publishing a notice of continuation
of the AD and CVD orders.
DATES: Applicable July 6, 2020.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane at (202) 482-5449 (AD)
and Dusten Hom or Mary Kolberg at (202) 482-5075 or (202) 482-1785,
respectively (CVD); AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
5449.
SUPPLEMENTARY INFORMATION:
Background
On, November 24, 2008 Commerce published the AD and CVD orders on
LWTP from China.\1\ On October 1, 2013, Commerce initiated the first
five-year (sunset) review of the Orders on LWTP from China, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ As a
result of its reviews, Commerce determined that revocation of the
Orders on LWTP from China would likely lead to a continuation or
recurrence of dumping and countervailable subsidies and, therefore,
notified the ITC of the magnitude of the margins and net
countervailable subsidy rates likely to prevail should the orders be
revoked.\3\ The ITC determined, pursuant to section 751(c) of the Act,
that revocation of the Orders on LWTP from China would lead to a
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\4\ Accordingly, the
continuation of the Orders was published on January 30, 2015, at the
conclusion of the first five-year (sunset) reviews.\5\
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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); see also Lightweight Thermal Paper from the People's
Republic of China: Notice of Amended Final Affirmative
Countervailing Duty Determination and Notice of Countervailing Duty
Order, 73 FR 70958 (November 24, 2008) (collectively, Orders).
\2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 60253
(October 1, 2013).
\3\ 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); see also
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).
\4\ See Lightweight Thermal Paper from China And Germany;
Determination, 80 FR 3252 (January 22, 2015).
\5\ See 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, 80 FR 5083
(January 30, 2015).
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On December 2, 2019, Commerce published the notice of initiation of
the second sunset reviews of the Orders on LWTP from China, pursuant to
section 751(c)(2) of the Act.\6\ Also on December 2, 2019, the ITC
instituted its five-year review of the Orders.\7\ Commerce conducted
these sunset reviews on an expedited (120-day) basis, pursuant to
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
because it received complete, timely, and adequate responses from
Appvion Operations, Inc. and Kanzaki Specialty Papers Inc.
(collectively, domestic interested parties).\8\ Commerce did not
receive-substantive responses from respondent interested parties.
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\6\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 65968
(December 2, 2019).
\7\ See Lightweight Thermal Paper From China; Institution of
Five-Year Reviews, 84 FR 66012 (December 2, 2019).
\8\ Commerce received a complete substantive response for the
review from the domestic producers within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). See Domestic Interested
Parties' Letter, ``Five-Year (Sunset) Review of Antidumping Order on
Lightweight Thermal Paper from the People's Republic of China:
Domestic Industry Substantive Response,'' dated December 23, 2019;
see also Domestic Interested Parties' Letter, ``Five-Year
(``Sunset'') Review of Countervailing Duty Order on Lightweight
Thermal Paper from the People's Republic of China: Domestic Industry
Substantive Response,'' dated December 23, 2019.
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As a result of its reviews, Commerce determined, pursuant to
sections 751(c)(1) and 752(b) and (c) of the Act, that revocation of
the Orders would likely lead to continuation or recurrence of dumping
and countervailable subsidies.\9\ Commerce also notified the ITC of the
magnitude of the dumping margins and net countervailable subsidy rates
likely to prevail should the Orders be revoked.\10\ On June 29, 2020,
the ITC published its determination, pursuant to sections 751(c) and
752(a) of the Act, that revocation of the Orders would likely lead to a
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\11\
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\9\ See Lightweight Thermal Paper from the People's Republic of
China: Final Results of Expedited Second Sunset Review of the
Antidumping Duty Order, 85 FR 16328 (March 23, 2020); see also
Lightweight Thermal Paper from the People's Republic of China: Final
Results of the Expedited Second Sunset Review of the Countervailing
Duty Order, 85 FR 16059 (March 20, 2020).
\10\ See Lightweight Thermal Paper from the People's Republic of
China: Final Results of Expedited Second Sunset Review of the
Antidumping Duty Order, 85 FR 16328 (March 23, 2020) and
accompanying Issues and Decision Memorandum (IDM); see also
Lightweight Thermal Paper from the People's Republic of China: Final
Results of the Expedited Second Sunset Review of the Countervailing
Duty Order, 85 FR 16059 (March 20, 2020) and accompanying IDM.
\11\ See Lightweight Thermal Paper from China; Determination, 85
FR 38922 (June 29, 2020).
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Scope of the Orders
The products covered by these orders include 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/m2)
or less; irrespective of dimensions; \12\ with or without a base coat
\13\ on one or both sides; with thermal active coating(s) \14\ 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;
\15\ 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)
[[Page 40250]]
under subheadings 3703.10.60, 4811.59.20, 4811.90.8040, 4811.90.9090,
4820.10.20, 4823.40.00, 4811.90.8030, 4811.90.8050, 4811.90.9030, and
4811.90.9050.\16,17\ 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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\12\ 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 these orders.
\13\ 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.
\14\ A thermal active coating is typically made of sensitizer,
dye, and co-reactant.
\15\ 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.
\16\ 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).
\17\ As of January 1, 2009, the ITC deleted HTSUS subheadings
4811.90.8040 and 4811.90.9090 and added HTSUS subheadings
4811.90.8030, 4811.90.8050, 4811.90.9030, and 4811.90.9050 to the
HTSUS (2009). See Harmonized Tariff Schedule of the United States
(2009), available at ww.usitc.gov. These HTSUS subheadings were
added to the scope of the order in lightweight thermal paper's LTFV
investigation.
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Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to sections 751(c) and
751(d)(2) of the Act, Commerce hereby orders the continuation of the
Orders on LWTP from China.
U.S. Customs and Border Protection 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 and 19 CFR 351.218(c)(2), Commerce intends to initiate the next
five-year review of the orders not later than 30 days prior to the
fifth anniversary of the effective date of continuation.
Notification of Interested Parties
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: June 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-14437 Filed 7-2-20; 8:45 am]
BILLING CODE 3510-DS-P