Notice2022-08948
Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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
April 27, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines 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 during the period of review (POR) May 1, 2020, through April 30, 2021. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 81 (Wednesday, April 27, 2022)</title>
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[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 24939-24940]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08948]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
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
during the period of review (POR) May 1, 2020, through April 30, 2021.
We invite interested parties to comment on these preliminary results.
DATES: Applicable April 27, 2022.
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 3, 2021, we
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On July 6, 2021, based on a
timely request for an administrative review, Commerce initiated the
administrative review of the Order with respect to TFM.\3\ On January
10, 2022, we extended the due date for the preliminary results of this
review by 120 days to no later than May 31, 2022.\4\
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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, 86 FR 23346 (May 3, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 35481, 41544 (July 6, 2021); see also
Archroma U.S., Inc.'s Letter, ``Archroma U.S., Inc.'s Request for
Administrative Review of Certain Stilbenic Optical Brightening
Agents from Taiwan, Case No. A-583-848, POR 5/1/20-4/30/21,'' dated
May 17, 2021.
\4\ See Memorandum, ``Stilbenic Optical Brightening Agents from
Taiwan: Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review, 2020-2021,'' dated January 10, 2022.
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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="https://access.trade.gov">https://access.trade.gov</a>. In addition,
a complete version of the Preliminary Decision Memorandum is available
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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.\5\
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\5\ See Memorandum, ``Certain Stilbenic Optical Brightening
Agents from Taiwan: Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review; 2020-2021,'' 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) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum.
Preliminary Results of Administrative Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2020, through April 30,
2021:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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Teh Fong Min International Co., Ltd......................... 12.02
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Disclosure and Public Comment
We intend to disclose the calculations performed in connection with
these preliminary results to interested parties within five days after
public announcement of the preliminary results.\6\
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\6\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to the Assistant Secretary for Enforcement and Compliance 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 no later than seven days after the date for filing case
briefs.\7\ Parties who submit case 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.\8\ Case and rebuttal briefs should be filed using ACCESS
and must be served on interested parties.\9\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\10\
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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; (3) whether any
participant is a foreign national; and (4) a list of the issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs. 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. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should
[[Page 24940]]
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
Unless extended, 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 and 19 CFR 351.213(h).
Assessment Rates
Upon completion of the final results, Commerce shall determine and
U.S. Customs and Border Protection (CBP) shall assess antidumping
duties on all appropriate entries. 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 those same sales in accordance with 19 CFR
351.212(b)(1).\11\ If TFM's weighted-average dumping margin or an
importer-specific assessment rate is zero or de minimis in the final
results of review, we will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\12\
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\11\ See 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).
\12\ Id. at 8102-03; 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 such entries at the all-
others rate (i.e., 6.19 percent) \13\ if there is no rate for the
intermediate company(ies) involved in the transaction.\14\
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\13\ See Order, 77 FR 27420.
\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
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)(C) of the Act: (1) The
cash deposit rate for TFM will be equal to the weighted-average dumping
margin established in the final results of this administrative 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, i.e., 6.19
percent.\15\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See Order, 77 FR 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 POR. 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 preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.221(b)(4).
Dated: April 21, 2022.
Lisa W. Wang,
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. 2022-08948 Filed 4-26-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 27, 2022.
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