[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Pages 16059-16060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05930]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-921]
Lightweight Thermal Paper From the People's Republic of China:
Final Results of the Expedited Second Sunset Review of the
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that revocation of
the countervailing duty (CVD) order on lightweight thermal paper from
the People's Republic of China (PRC) would be likely to lead to
continuation or recurrence of countervailable subsidies.
DATES: Applicable March 20, 2020.
FOR FURTHER INFORMATION CONTACT: Dusten Hom or Mary Kolberg, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone (202) 482-5075 or (202) 482-1785,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 24, 2008, Commerce published the countervailing duty
order on lightweight thermal paper from the People's Republic of
China.\1\ On December 2, 2019, Commerce published the initiation of the
second sunset review of this order, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).\2\ On December 13, 2019,
Commerce received a notice of intent to participate from Appvion
Operations, Inc. (Appvion) and Kanzaki Specialty Papers Inc. (Kanzaki)
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Appvion
and Kanzaki (domestic interested parties) claimed interested party
status under section 771(9)(C) of the Act as producers of lightweight
thermal paper in the United States.
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\1\ See 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) (CVD Order).
\2\ See Initiation of Five-Year (``Sunset'') Review, 84 FR 65968
(December 2, 2019).
\3\ See Appvion's and Kanzaki's Letter, ``Five-Year (`Sunset')
Review of Countervailing Duty Order on Lightweight Thermal Paper
from the People's Republic of China: Domestic Industry Notice of
Intent to Participate,'' dated December 13, 2019.
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On December 23, 2019, Commerce received an adequate substantive
response from the domestic interested parties within the 30-day
deadline specified in 19 CFR 351.218(d)(3).\4\ Commerce did not receive
any submissions from any other interested parties. Because Commerce did
not receive a substantive response from either the Government of China
(GOC) or the respondent interested parties who are producers or
exporters of lightweight thermal paper, we determined that respondent
interested parties provided inadequate responses to Commerce's notice
of initiation.
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\4\ See Appvion's and Kanzaki's 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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On December 23, 2019, Commerce notified the U.S. International
Trade Commission that it did not receive an adequate substantive
response from respondent interested parties.\5\ As a result, pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)-(C),
Commerce is conducting an expedited (120-day) sunset review of the CVD
Order.
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\5\ See Commerce's Letter, ``Sunset Reviews Initiated December
2, 2019,'' dated December 23, 2019.
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Scope of the Order
Imports covered by the Order are shipments of 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
[[Page 16060]]
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
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.
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\6\ Lightweight 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 this order.
\7\ A base coat, when applied is typically made of clay and/or
latex 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.
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The merchandise subject to this order may be classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 4811.90.9035, 4811.90.9080, 4811.59.2000, 4820.10.20,
4823.40.0000, 3703.10.60, 4811.90.8030, 4811.90.8040, 4811.90.8050,
4811.90.9030, 4811.90.9050, and 4811.90.9090.10 11 Although
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this order is dispositive.
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\10\ HTSUS subheading 4811.90.8000 was a classification used for
lightweight thermal paper until January 1, 2007. Effective that
date, subheading 4811.90.8000 was replaced with 4811.90.8020 (for
gift wrap, anon-subject product) and 4811.90.8040 (for ``other''
including lightweight thermal paper). HTSUS subheading 4811.90.8000
was a classification for lightweight thermal paper 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 lightweight thermal paper).
\11\ As of January 1, 2009, the International Trade Commission
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 Harmonized Tariff Schedule of the United States
(2009). See Harmonized Tariff Schedule of the United States (2009),
available at www.usitc.gov. These HTSUS subheadings were added to
the scope of the order in lightweight thermal paper's LTFV
investigation.
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Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum,\12\ which is dated concurrently with and hereby
adopted by this notice. The issues discussed in the Issues and Decision
Memorandum are the likelihood of continuation or recurrence of a
countervailable subsidy and the net countervailable subsidy likely to
prevail if the order were revoked. The Issues and 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
http://access.trade.gov and to all parties in the Central Records Unit,
Room B8024 of the main Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn. The signed and electronic versions
of the Issues and Decision Memorandum are identical in content.
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\12\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Second Expedited Five-Year Sunset Review of the
Countervailing Duty Order on certain Lightweight Thermal Paper from
the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Final Results of Review
Pursuant to sections 751(c)(1) and 752(b)(1) and (3) of the Act, we
determine that revocation of the CVD Order would be likely to lead to
continuation or recurrence of countervailable subsidies at the
following net countervailable subsidy rates:
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Net subsidy
Manufacturers/producers/ exporters rate
(percent)
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Guangdong Guanhao High-Tech Co., Ltd.................... 13.63
Shenzhen Yuanming Industrial Development Co., Ltd....... 138.53
MDCN Technology Co., Ltd................................ 124.93
Xiamen Anne Paper Co., Ltd.............................. 124.93
All Others.............................................. 13.63
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Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: March 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
1. Summary
2. History of the Order
3. Background
4. Scope of the Order
5. Discussion of the Issues
a. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
b. Net Countervailable Subsidy Likely to Prevail
c. Nature of the Subsidies
6. Final Results of Review
7. Recommendation
[FR Doc. 2020-05930 Filed 3-19-20; 8:45 am]
BILLING CODE 3510-DS-P