Notice2024-02138
Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 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
February 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Teh Fong Min International Co., Ltd., also known as Teh Fong Ming 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, 2022, through November 26, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 23 (Friday, February 2, 2024)</title>
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[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7361-7362]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02138]
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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; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Teh Fong Min International Co., Ltd., also known as Teh
Fong Ming 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, 2022, through November 26, 2022. We
invite interested parties to comment on these preliminary results.
DATES: Applicable February 2, 2024.
FOR FURTHER INFORMATION CONTACT: Joshua Weiner, 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) 482-3902.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2012, we published in the Federal Register the
antidumping duty (AD) order on OBAs from Taiwan.\1\ On May 2, 2023, we
published in the Federal Register a notice of opportunity to request an
administrative review of the Order for the POR.\2\ In May 2023,
Archroma, U.S., Inc. (Archroma), a U.S. producer of OBAs, timely
requested an administrative review of TFM.\3\ Additionally, TFM and its
affiliated U.S. importer TFM North America, Inc requested a review of
TFM.\4\ On July 12, 2023, we initiated this administrative review with
respect to TFM.\5\
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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 and Join Annual Inquiry Service List, 88 FR 27445, 27447 (May
2, 2023).
\3\ See Archroma's Letter, ``Request for Administrative,'' dated
May 31, 2023.
\4\ See TFM's Letter, ``Certain Stilbenic Optical Brightening
Agents (CSOBA) from Taiwan,'' dated May 30, 2023.
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262, 44268 (July 12, 2023).
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On December 29, 2022, Commerce revoked the Order effective November
27, 2022.\6\ Because only entries of subject merchandise ``prior to the
effective date of revocation will continue to be subject to suspension
of liquidation and AD deposit requirements,'' \7\ the POR for this
administrative review is abbreviated (i.e., May 1, 2022, through
November 26, 2022).\8\
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\6\ See Stilbenic Optical Brightening Agents from People's
Republic of China and Taiwan: Final Results of Sunset Reviews and
Revocation of Order, 87 FR 80162 (December 29, 2022) (Revocation
Notice).
\7\ Id. 87 FR at 80163.
\8\ Id.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\9\ 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>. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an Appendix to this
notice.
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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review of Certain
Stilbenic Optical Brightening Agents from Taiwan; 2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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.
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 the Administrative Review
As a result of this review, we preliminarily determine that the
following estimated weighted-average dumping margin exists for the POR
May 1, 2022, through November 26, 2022:
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Weighted-
average
Producer and/or exporter dumping
margin
(percent)
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Teh Fong Min International Co., Ltd/Teh Fong Ming 1.04
International Co., Ltd.....................................
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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 these preliminary results.\10\
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\10\ See 19 CFR 351.224(b).
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[[Page 7362]]
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.\11\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\12\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issues; and (2) a table of
authorities.\13\
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\11\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\12\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public
executive summary for each issue raised in their briefs.\14\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results of this review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain
requirements pertaining to the service of documents in 19 CFR
351.303(f).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule.
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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.\16\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\16\ See 19 CFR 351.310(d).
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Final Results of Review
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 these preliminary results in the Federal Register,
unless extended, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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).\17\ 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.\18\
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\17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\18\ 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) \19\ if there is no rate for the
intermediate company(ies) involved in the transaction.\20\
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\19\ See Order, 77 FR at 27420.
\20\ 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
In the Revocation Notice, Commerce stated that it intends to issue
instructions to CBP to terminate the suspension of liquidation and to
discontinue the collection of cash deposits on entries of subject
merchandise, entered or withdrawn from the warehouse, on or after
November 27, 2022.\21\ Furthermore, because the Order has been revoked,
Commerce will not issue cash deposit instructions at the conclusion of
this administrative review.
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\21\ See Revocation Notice, 87 FR at 80163.
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Notification to Importers
This notice also 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: January 29, 2024.
Abdelali Elouaradia,
Deputy 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. 2024-02138 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 2, 2024.
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