Notice2021-15153
Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 16, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that Teh Fong Min International Co., Ltd. (TFM), the sole producer and/or exporter subject to this administrative review, made sales of stilbenic optical brightening agents (OBAs) at less than normal value (NV) during the period of review (POR) May 1, 2019, through April 30, 2020. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 134 (Friday, July 16, 2021)</title>
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[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Notices]
[Pages 37741-37743]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15153]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-848]
Stilbenic Optical Brightening Agents From Taiwan: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Teh Fong Min International Co., Ltd. (TFM), the sole producer and/or
exporter subject to this administrative review, made sales of stilbenic
optical brightening agents (OBAs) at less than normal value (NV) during
the period of review (POR) May 1, 2019, through April 30, 2020. We
invite interested parties to comment on these preliminary results.
DATES: Applicable July 16, 2021.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2012, we published in the Federal Register an
antidumping duty order on OBAs from Taiwan.\1\ On May 1, 2020, we
published in the Federal Register a notice of opportunity to request an
administrative review of the
[[Page 37742]]
Order.\2\ On July 10, 2020, based on timely requests for an
administrative review, Commerce initiated an administrative review of
one company, TFM.\3\
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\1\ See Certain Stilbenic Optical Brightening Agents from
Taiwan: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 77 FR 27419 (May 10, 2012) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 29354 (May 1, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41450, 41544 (July 10, 2020).
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On July 21, 2020, Commerce tolled all deadlines in administrative
reviews by 60 days, thereby tolling the deadline for the preliminary
results of review until April 1, 2021.\4\ On March 12, 2021, Commerce
extended the time limit for issuing the preliminary results of this
review by 120 days to no later than July 30, 2021.\5\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\5\ See Memorandum, ``Stilbenic Optical Brightening Agents from
Taiwan: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review, 2019-2020,'' dated March 12,
2021.
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Scope of the Order
The products covered by the Order are OBAs. A full description of
the scope of the Order is contained in the Preliminary Decision
Memorandum.\6\
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\6\ See Memorandum, ``Certain Stilbenic Optical Brightening
Agents from Taiwan: Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(2) of the Act. Export price and constructed export price are
calculated in accordance with section 772 of the Act. NV is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an Appendix to this notice. The
Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Preliminary Results of the Administrative Review
We preliminarily determine that the following weighted-average
dumping margin exists for TFM for the period May 1, 2019, through April
30, 2020:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Teh Fong Min International Co., Ltd........................ 2.91
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to parties within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\7\ Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\8\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\9\
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\7\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect).''
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\9\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\10\
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\10\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, no later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the final results, Commerce will determine and
U.S. Customs and Border Protection (CBP) shall assess antidumping
duties on all appropriate entries covered by this review.\11\ If the
weighted-average dumping margin for TFM is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review, we
intend to calculate an importer-specific assessment rate based on the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of the sales in accordance
with 19 CFR 351.212(b)(1).\12\ If TFM's weighted-average dumping margin
or an importer-specific assessment rate is zero or de minimis in the
final results of review, then we intend to instruct CBP not to assess
duties on any of its entries in accordance with the Final Modification
for Reviews.\13\ The final results of this administrative review shall
be the basis for the assessment of antidumping duties on entries of
merchandise under review and for future deposits of estimated duties,
where applicable.
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\11\ See 19 CFR 351.212(b)(1).
\12\ In these preliminary 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) (Final Modification for
Reviews).
\13\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR 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 company(ies)
involved in the transaction.\14\
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\14\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
[[Page 37743]]
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of OBAs from Taiwan entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided by section 751(a)(2) of the Act: (1) The cash
deposit rate for TFM, subject to this review, will be equal to the
weighted-average dumping margin established for it in the final results
of the review; (2) for merchandise exported by a company not covered in
this review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published in
the completed segment 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, the cash deposit rate will be the
rate established in the completed segment for the most recent period
for the producer of the merchandise; (4) the cash deposit rate for all
other producers or exporters will be the all-others rate established in
the less-than-fair-value investigation for this proceeding, 6.19
percent.\15\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See Order, 91 FR at 27420.
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Notification to Importers
This notice serves as a preliminary 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 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)(4).
Dated: July 12 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-15153 Filed 7-15-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 16, 2021.
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