Stilbenic Optical Brightening Agents From People's Republic of China and Taiwan: Final Results of Sunset Reviews and Revocation of Order
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Issuing agencies
Abstract
On October 3, 2022, the U.S. Department of Commerce (Commerce) initiated the sunset reviews of the antidumping duty (AD) orders on stilbenic optical brightening agents (OBAs) from the People's Republic of China (China) and Taiwan. Because no domestic interested party responded to the sunset review notice of initiation by the applicable deadline, consistent with section 751(c)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce is revoking these AD orders.
Full Text
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<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
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[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80162-80163]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28380]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-972, A-583-848]
Stilbenic Optical Brightening Agents From People's Republic of
China and Taiwan: Final Results of Sunset Reviews and Revocation of
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 3, 2022, the U.S. Department of Commerce (Commerce)
initiated the sunset reviews of the antidumping duty (AD) orders on
stilbenic optical brightening agents (OBAs) from the People's Republic
of China (China) and Taiwan. Because no domestic interested party
responded to the sunset review notice of initiation by the applicable
deadline, consistent with section 751(c)(3)(A) of the Tariff Act of
1930, as amended (the Act), Commerce is revoking these AD orders.
DATES: Applicable December 29, 2022.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/AD Operations, Office
I, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-1785.
SUPPLEMENTARY INFORMATION:
[[Page 80163]]
Background
On May 10, 2012, Commerce published the AD orders on OBAs from the
China and Taiwan.\1\ On November 27, 2017, Commerce published the most
recent continuation of the Orders.\2\ On October 3, 2022, Commerce
initiated the current sunset reviews of the Orders pursuant to section
751(c) of the Act.\3\ Consistent with 19 CFR 351.218(d)(1)(iii)(B),
because no domestic interested party filed a timely notice of intent to
participate in these proceedings,\4\ we concluded that ``no domestic
interested party has responded to the notice of initiation under
section 751(c)(3)(A) of the Act,'' and ``{notified{time} the {U.S.
International Trade Commission{time} in writing as such.'' \5\
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\1\ See Certain Stilbenic Optical Brightening Agents from the
People's Republic of China: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order, 77 FR 27423 (May
10, 2012); and 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)
(collectively, Orders).
\2\ See Stilbenic Optical Brightening Agents from the People's
Republic of China and Taiwan: Continuation of Antidumping Duty
Orders, 82 FR 55990 (November 27, 2017) (2017 Continuation Notice).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 59779
(October 3, 2022).
\4\ See 19 CFR 351.218(d)(1)(i); see also Commerce's Letter,
``Five-Year (``Sunset'') Review of the Antidumping Duty Orders on
Stilbenic Optical Brightening Agents from China and Taiwan:
Rejection of Notice of Intent to Participate,'' dated October 28,
2022; Commerce's Letter, Five-Year (``Sunset'') Review of the
Antidumping Duty Orders on Stilbenic Optical Brightening Agents from
China and Taiwan: Rejection of Notice of Intent to Participate,''
dated November 2, 2022; Archroma, U.S. Inc.'s (Archroma) Letter,
``Request for Reconsideration of Denial of Archroma's Request for
Leave to File Late Notice of Intent to Appear; Sunset Review of the
Antidumping Order on Stilbenic Optical Brightening Agents from China
and Taiwan; Institution of Five-Year Reviews,'' dated November 11,
2022; Archroma's Letter, ``Supplement to November 11, 2022 Request
for Reconsideration of Denial of Archroma's Request for Leave to
File Late Notice of Intent to Appear; Sunset Review of the
Antidumping Order on Stilbenic Optical Brightening Agents from China
and Taiwan; Institution of Five-Year Reviews,'' dated November 17,
2022; Commerce's Letter, ``Five-Year (``Sunset'') Review of the
Antidumping Duty Orders on Stilbenic Optical Brightening Agents from
China and Taiwan: Rejection of Request for Reconsideration,'' dated
November 30, 2022.
\5\ See Commerce's Letter, ``Sunset Reviews for October 2022,''
dated October 27, 2022.
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Scope of the Orders
The OBAs covered by the Orders 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] \6\ amino-2,2'-
stilbenedisulfonic acid), except for compounds listed in the following
paragraph. The stilbenic OBAs covered by the Orders 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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\6\ The brackets in this sentence are part of the chemical
formula and do not constitute business proprietary information.
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Excluded from the Orders are all forms of 4,4'-bis[4-anilino-6-
morpholino-1,3,5-triazin-2-yl] \7\ amino-2,2'-stilbenedisulfonic acid,
C40H40N12O8S2 (``Fluorescent Brightener 71''). The Orders cover 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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\7\ The brackets in this sentence are part of the chemical
formula and do not constitute business proprietary information.
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These 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.
Revocation
Pursuant to section 751(c)(3)(A) of the Act, if no domestic
interested party responds to a notice of initiation, Commerce shall,
within 90 days after the initiation of review, revoke the order.
Because no domestic interested party filed a timely notice of intent to
participate in these proceedings, consistent with 19 CFR
351.218(d)(1)(iii)(B), we concluded that ``no domestic interested party
has responded to the notice of initiation under section 751(c)(3)(A) of
the Act.'' Consequently, Commerce is revoking the Orders.
Effective Date of Revocation
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.222(i)(2)(i), Commerce intends to instruct U.S. Customs and Border
Protection to terminate the suspension of liquidation of the
merchandise subject to the Orders entered, or withdrawn from the
warehouse, on or after November 27, 2022, the fifth anniversary of the
date of publication of the last continuation notice.\8\ Entries of
subject merchandise prior to the effective date of revocation will
continue to be subject to suspension of liquidation and AD deposit
requirements. Commerce will complete any pending reviews of these
orders and will conduct administrative reviews of subject merchandise
entered prior to the effective date of revocation in response to
appropriately filed requests for review.
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\8\ See 2017 Continuation Notice.
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Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(c) and 777(i)(1) of the Act, and 19 CFR 351.218(f)(4)
and 19 CFR 351.222(i)(1)(i).
Dated: December 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-28380 Filed 12-28-22; 8:45 am]
BILLING CODE 3510-DS-P
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