Notice2023-15058
Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2021-2022
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 17, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the sole producer and/or exporter subject to this review, Teh Fong Ming International Co., Ltd. (TFM), made sales of subject merchandise in the United States at less than normal value during the period of review (POR), May 1, 2021, through April 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 135 (Monday, July 17, 2023)</title>
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[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45390-45392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15058]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 45391]]
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
sole producer and/or exporter subject to this review, Teh Fong Ming
International Co., Ltd. (TFM), made sales of subject merchandise in the
United States at less than normal value during the period of review
(POR), May 1, 2021, through April 30, 2022.
DATES: Applicable July 17, 2023.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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) 482-3477.
SUPPLEMENTARY INFORMATION:
Background
On May 19, 2023, Commerce published the preliminary results of the
2021-2022 administrative review of the antidumping duty order on
certain stilbenic optical brightening agents (OBAs) from Taiwan.\1\ We
invited interested parties to comment on the Preliminary Results.\2\ No
interested parties submitted comments. Commerce conducted this review
in accordance with section 751(a) 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; 2021-
2022, 88 FR 32194 (May 19, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Results, 88 FR at 32194.
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Scope of the Order <SUP>3</SUP>
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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 products covered by the Order are OBAs. A full description of
the scope of the Order is provided in the Preliminary Results.\4\
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\4\ See Preliminary Results PDM at 2.
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Final Results of Review
We determine that the following weighted-average dumping margin
exists for the period May 1, 2021, through April 30, 2022:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Teh Fong Min International Co., Ltd........................ 3.89
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Disclosure
Because Commerce received no comments on the Preliminary Results,
we have not modified our analysis and no decision memorandum
accompanies this Federal Register notice. We are adopting the
Preliminary Results as the final results of this review. Consequently,
there are no new calculations to disclose in accordance with 19 CFR
351.224(b) for these final results.
Assessment Rates
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. We
intend to instruct CBP to apply the importer-specific ad valorem
assessment rates we calculated for the Preliminary Results 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 same
sales in accordance with 19 CFR 351.212(b)(1).\5\ If the importer-
specific assessment rate is zero or de minimis, then Commerce will
instruct CBP to liquidate such entries without regard to antidumping
duties.
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\5\ 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).
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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 (i.e., 6.19 percent) \6\ if there is no rate for
the intermediate company(ies) involved in the transaction.
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\6\ See Order, 77 FR at 27420.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results 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 this notice 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 3.89 percent, the
weighted-average dumping margin established in these final results; (2)
for previously investigated companies not subject to this review, the
cash deposit rate will continue to be the company-specific rate
published in the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, the cash deposit rate
will be the rate established in the most recent 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 LTFV investigation.\7\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\7\ Id.
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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 an
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
Commerce is issuing and publishing the final results of this review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
[[Page 45392]]
Dated: July 11, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-15058 Filed 7-14-23; 8:45 am]
BILLING CODE 3510-DS-P
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