Notice2021-19912
Certain Stilbenic Optical Brightening Agents From Taiwan: Final 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
September 15, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that the sole producer/exporter subject to this review made sales of subject merchandise in the United States at less than normal value during the period of review (POR), May 1, 2019, through April 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 176 (Wednesday, September 15, 2021)</title>
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[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Notices]
[Pages 51342-51343]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19912]
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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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the sole
producer/exporter subject to this review made sales of subject
merchandise in the United States at less than normal value during the
period of review (POR), May 1, 2019, through April 30, 2020.
DATES: Applicable September 15, 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 July 16, 2021, Commerce published the Preliminary Results of the
2019-2020 administrative review of the antidumping duty order on
certain stilbenic optical brightening agents (stilbenic OBAs) from
Taiwan.\1\ This administrative review covers one producer/exporter of
the subject merchandise, Teh Fong Ming International Co., Ltd. (TFM).
We invited parties to comment on the Preliminary Results.\2\ No party
submitted comments. Accordingly, the final results remain unchanged
from the Preliminary Results.
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\1\ See Stilbenic Optical Brightening Agents from Taiwan:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 37741 (July 16, 2021) (Preliminary Results).
\2\ Id.
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Commerce conducted this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order \3\
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\3\ 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).
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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] \4\ amino- 2,2'-
stilbenedisulfonic acid),
[[Page 51343]]
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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\4\ 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] \5\ 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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\5\ 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 Review
As noted above, Commerce received no comments concerning the
Preliminary Results. As there are no changes from, or comments upon,
the Preliminary Results, Commerce finds that there is no reason to
modify its analysis and calculations. Accordingly, we adopt the
analysis and explanation in our Preliminary Results for the purposes of
these final results of review and we have not prepared an Issues and
Decision Memorandum to accompany this Federal Register notice. The
final weighted-average dumping margin of 2.91 percent exists for
entries of subject merchandise that were produced and exported by TFM
during the POR.
Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review, in accordance with section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b). Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this 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).
For TFM, we calculated importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales and the total entered value of those sales in
accordance with 19 CFR 351.212(b)(1).\6\ Where an importer-specific
assessment rate is de minimis (i.e., less than 0.5 percent), the
entries by that importer will be liquidated without reference to
antidumping duties.
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\6\ 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 POR produced by TFM
for which it did not know that 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.\7\
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\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of this notice 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
751(a)(2) of the Act: (1) The cash deposit rate for TFM will be
2.91percent, 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.\8\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\8\ See Order, 91 FR at 27420.
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Disclosure
Normally, Commerce discloses to the parties in a proceeding the
calculations performed in connection with a final results of review
within five days after public announcement of final results.\9\
However, because Commerce made no adjustments to the margin calculation
methodology used in the Preliminary Results, there are no calculations
to disclose for the final results of review.
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\9\ See 19 CFR 351.224(b).
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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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: September 9, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-19912 Filed 9-14-21; 8:45 am]
BILLING CODE 3510-DS-P
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