Notice2024-22281
Stilbenic Optical Brightening Agents From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2023-2024
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 30, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping order on stilbenic optical brightening agents (OBAs) from the People's Republic of China (China), covering the period of review (POR) May 1, 2023, through April 30, 2024, because, as explained below, there are no reviewable entries for the companies that are subject to review.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 189 (Monday, September 30, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Pages 79524-79525]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22281]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-972]
Stilbenic Optical Brightening Agents From the People's Republic
of China: Rescission of Antidumping Duty Administrative Review; 2023-
2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping order on stilbenic optical
brightening agents (OBAs) from the People's Republic of China (China),
covering the period of review (POR) May 1, 2023, through April 30,
2024, because, as explained below, there are no reviewable entries for
the companies that are subject to review.
DATES: Applicable September 30, 2024.
FOR FURTHER INFORMATION CONTACT: Stephanie Trejo AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4390.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2012, Commerce published in the Federal Register the
antidumping duty order on OBAs from China.\1\ On May 2, 2023, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On May 31, 2024, Commerce
received a timely request from a U.S. producer of the domestic like
product, Archroma, U.S., Inc. (Archroma), in accordance with 19 CFR
351.213(b)(1), to conduct an administrative review of the Order for
five companies.\3\ We received no other requests for review.
---------------------------------------------------------------------------
\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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 35778 (May 2,
2024).
\3\ See Archroma's Letter, ``Request for Administrative
Review,'' dated May 31, 2024.
---------------------------------------------------------------------------
On July 5, 2024, in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act), Commerce published in the Federal
Register a notice of initiation of the administrative review with
respect to the five companies for which Archroma requested a review:
(1) Beijing Odyssey
[[Page 79525]]
Chemical Ind. Co. Ltd, (2) Hebei Dianchang Chemicals Co. Ltd., (3)
Jinan Subang Fine Chemical Co., Ltd., (4) Zhejiang Hongda Chemicals
Co., Ltd., and (5) Zhejiang Transfar Whyyon Chemical Co., Ltd.\4\ On
July 10, 2024, Commerce placed U.S. Customs and Border Protection (CBP)
entry data for U.S. imports of the subject merchandise during the POR
on the record for respondent selection purposes.\5\ On July 17, 2024,
Archroma submitted comments on the CBP data.\6\ On, August 2, 2024, we
re-released the CBP data because our first CBP data release
inadvertently did not include all of the possible company names
combinations.\7\ On August 9, 2024, Archroma submitted comments on the
re-release of the CBP data.\8\
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 55567 (July 5, 2024) (Initiation
Notice).
\5\ See Memorandum, ``Release of Customs Data from U.S. Customs
and Border Protection,'' dated July 10, 2024.
\6\ See Archroma's Letter, ``Comments on Customs and Border
Protection Data,'' dated July 17, 2024.
\7\ See Memorandum, ``Re-Release of Customs Data from U.S.
Customs and Border Protection,'' dated August 2, 2024.
\8\ See Archroma's Letter, ``Comments on Re-Released Customs and
Border Protection Data,'' dated August 9, 2024.
---------------------------------------------------------------------------
On September 6, 2024, Commerce notified all interested parties of
its intent to rescind the instant review in full because there were no
reviewable, suspended entries of subject merchandise by any of the five
companies listed in the Initiation Notice during the POR and invited
parties to comment.\9\ No parties submitted comments in response to
this notice.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Notice of Intent to Rescind Review,''
dated September 6, 2024.
---------------------------------------------------------------------------
Scope of the Order
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] \10\ amino-2,2'-
stilbenedisulfonic acid), 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.
---------------------------------------------------------------------------
\10\ The brackets in this sentence are part of the chemical
formula.
---------------------------------------------------------------------------
Excluded from this Order are all forms of 4,4'-bis[4-anilino-6-
morpholino-1,3,5-triazin-2-yl] amino-2,2'-stilbenedisulfonic acid,
C<INF>40</INF> H<INF>40</INF> N<INF>12</INF> O<INF>8</INF>
S<INF>2</INF> (``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.
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.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order where it
concludes that there were no reviewable entries of subject merchandise
during the POR.\11\ Normally, upon completion of an administrative
review, the suspended entries are liquidated at the antidumping duty
assessment rate for the review period.\12\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct CBP to liquidate at the
calculated antidumping duty assessment rate for the review period.\13\
As noted above, the CBP data results confirmed that there were no
entries of subject merchandise during the POR with respect to all of
the companies subject to this review. Accordingly, in the absence of
reviewable, suspended entries of subject merchandise during the POR, we
are rescinding this administrative review, in its entirety, in
accordance with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
\11\ See, e.g., Dioctyl Terephthalate from the Republic of
Korea: Rescission of Antidumping Administrative Review; 2021-2022,
88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Federal Republic of Germany:
Recission of Antidumping Administrative Review; 2020-2021, 88 FR
4154 (January 24, 2023).
\12\ See 19 CFR 351.212(b)(2).
\13\ See 19 CFR 351.213(d)(3)
---------------------------------------------------------------------------
Cash Deposit Requirements
As Commerce has proceeded to a final rescission of this
administrative review, no cash deposit rates will change. Accordingly,
the current cash deposit requirements shall remain in effect until
further notice.
Assessment Rates
Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Because Commerce is rescinding this review in its
entirety, the entries to which this administrative review pertained
shall be assessed at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Commerce intends to issue appropriate assessment instructions to CBP 35
days after the publication of this notice in the Federal Register.
Notification Regarding Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under 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 or
destruction of the APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with regulations and
terms of an APO is a violation, which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4).
Dated: September 24, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2024-22281 Filed 9-27-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 30, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.