[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42350-42351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15152]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-848]
Certain Stilbenic Optical Brightening Agents From Taiwan: Final
Results of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 8, 2020, the Department of Commerce (Commerce)
published the preliminary results of the administrative review of the
antidumping duty order on certain stilbenic optical brightening agents
(stilbenic OBAs) from Taiwan. The period of review (POR) is May 1, 2018
through April 30, 2019. For the final results of this review, we
continue to find that Teh Fong Ming International Co., Ltd. (TFM) has
made sales of subject merchandise at less than normal value during the
POR.
DATES: Applicable July 14, 2020.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, 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) 482-3683.
SUPPLEMENTARY INFORMATION:
Background
On May 8, 2020, Commerce published the Preliminary Results of the
administrative review of the antidumping duty order on stilbenic OBAs
from Taiwan.\1\ The administrative review covers one producer/exporter
of the subject merchandise, TFM. We gave interested parties an
opportunity to comment on the Preliminary Results. We received no
comments. Hence, these final results are unchanged from the Preliminary
Results. Commerce conducted this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Stilbenic Optical Brightening Agents from Taiwan:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 27361 (May 8, 2020) (Preliminary Results).
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On January 14, 2020, we extended the due date for the preliminary
results of this review from January 31, 2020 to May 22, 2020. On April
24, 2020, Commerce tolled all deadlines in administrative reviews by 50
days. As a result of Commerce's tolling of deadlines, the deadline for
the preliminary results of this review was revised to July 13, 2020,
and the current deadline for the final results of this review is now
October 13, 2020.\2\
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\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020. All
deadlines in this segment of the proceeding have been extended by 50
days. Commerce's practice dictates that, where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day (in this instance, October 13, 2020). See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
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Scope of the Order
The stilbenic OBAs covered by this order are all forms (whether
free acid or salt) of compounds known as triazinylaminostilbenes (i.e.,
all derivatives of 4,4'-bis [1,3,5-triazin-2-yl] \3\ amino- 2,2'-
stilbenedisulfonic acid), except for compounds listed in the following
paragraph. The stilbenic OBAs covered by this order include final
stilbenic OBA products, as well as intermediate products that are
themselves triazinylaminostilbenes produced during the synthesis of
stilbenic OBA products.
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\3\ The brackets in this sentence are part of the chemical
formula.
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Excluded from this order are all forms of 4,4'-bis[4-anilino-6-
morpholino-1,3,5-triazin-2-yl] \4\ amino-2,2'-stilbenedisulfonic acid,
C40H40N12O8S2 (``Fluorescent Brightener 71''). This order covers the
above-described compounds in any state (including but not limited to
powder, slurry, or solution), of any concentrations of active stilbenic
OBA ingredient, as well as any compositions regardless of additives
(i.e., mixtures or blends, whether of stilbenic OBAs with each other,
or of stilbenic OBAs with additives that are not stilbenic OBAs), and
in any type of packaging.
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\4\ Id.
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These stilbenic OBAs are classifiable under subheading 3204.20.8000
of the Harmonized Tariff Schedule of the United States (HTSUS), but
they may also enter under subheadings 2933.69.6050, 2921.59.4000 and
2921.59.8090. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise is dispositive.
Final Results of the Administrative Review
As a result of this administrative review, we determine that a
weighted-average dumping margin exists for the POR.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Teh Fong Min International Co., Ltd........................ 4.61
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Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review. For
TFM, we calculated importer-specific assessment rates on the basis of
the ratio of the total amount of antidumping duties calculated for each
importer's examined sales and the total entered value of the sales in
accordance with 19 CFR 351.212(b)(1).\5\
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\5\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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For entries of subject merchandise during the period of review
produced by TFM for which it did not know its merchandise was destined
for the United States, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
companies involved in the transaction. We intend to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review.
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication of the notice of final
results of this review for all shipments of stilbenic OBAs from Taiwan
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section
[[Page 42351]]
751(a)(2) of the Act: (1) The cash deposit rate for TFM will be 4.61
percent, the weighted-average dumping margin established in the final
results of this administrative review; (2) for merchandise exported by
companies not covered in this review but covered in a prior segment of
this proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 6.19 percent, the all-others
rate established in the less-than-fair-value investigation, adjusted
for the export-subsidy rate in the companion countervailing duty
investigation. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this period of review. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or 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 violation subject
to sanction.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: July 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-15152 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-DS-P