84 FR 34860 - Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2017-2018

The Department of Commerce (Commerce) determines that Teh Fong Min International Co., Ltd. (TFM), the sole producer and/or exporter of certain stilbenic optical brightening agents (OBAs) subject to this administrative review, has made sales of subject merchandise at less than normal value during the period of review (POR) May 1, 2017 to April 30, 2018.

[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34860-34862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-15300]


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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; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Teh Fong 
Min International Co., Ltd. (TFM), the sole producer and/or exporter of 
certain stilbenic optical brightening agents (OBAs) subject to this 
administrative review, has made sales of subject merchandise at less 
than normal value during the period of review (POR) May 1, 2017 to 
April 30, 2018.

DATES: Applicable July 19, 2019.

FOR FURTHER INFORMATION CONTACT: Andre Gziryan or Minoo Hatten, 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) 482-2201, and (202) 482-
1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 14, 2019, Commerce published the Preliminary Results of 
the administrative review.\1\ We invited interested parties to comment 
on the Preliminary Results and received case and rebuttal briefs from 
interested parties.\2\ Commerce exercised its

[[Page 34861]]

discretion to toll all deadlines affected by the partial federal 
government closure from December 22, 2018 through the resumption of 
operations on January 29, 2019.\3\ The revised deadline for the final 
results is now July 12, 2019. Based on an analysis of the comments 
received, we have made changes to the weighted-average dumping margin 
determined for TFM. The weighted-average dumping margin is listed in 
the ``Final Results of Review'' section, below. Commerce conducted this 
review in accordance with section 751(a)(1)(B) and (2) of the Tariff 
Act of 1930, as amended (the Act).
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    \1\ See Certain Stilbenic Optical Brightening Agents from 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review; 2017-2018, 84 FR 9292 (March 14, 2019) (Preliminary 
Results).
    \2\ See TFM's Letter, ``RE: Certain Stilbenic Optical 
Brightening Agents from Taiwan,'' dated April 15, 2019; and 
Petitioner's Letter, ``Rebuttal Brief by Archroma U.S., Inc.; 
Certain Stilbenic Optical Brightening Agents from Taiwan: 
Preliminary Results of Administrative Review; 2017-2018,'' dated 
April 30, 2019.
    \3\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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Scope of the Order

    The merchandise subject to the Order \4\ is OBAs and is currently 
classifiable under subheadings 3204.20.8000, 2933.69.6050, 2921.59.4000 
and 2921.59.8090 of the Harmonized Tariff Schedule of the United States 
(HTSUS). While the HTSUS numbers are provided for convenience and 
customs purposes, the written product description is dispositive. A 
full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.\5\
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    \4\ 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).
    \5\ See Memorandum, ``Certain Stilbenic Optical Brightening 
Agents from Taiwan: Issues and Decision Memorandum for Final Results 
of Antidumping Duty Administrative Review; 2017-2018,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum. The 
issues are identified in the Appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B8024 of the main Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed on the internet at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we made certain changes 
to the margin calculations for TFM. For a discussion of these changes, 
see the ``Margin Calculations'' section of the Issues and Decision 
Memorandum.

Final Results of the Administrative Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for TFM for the period May 1, 
2017 through April 30, 2018:

------------------------------------------------------------------------
                                                        Weighted-average
                  Producer/exporter                      dumping margin
                                                           (percent)
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Teh Fong Min International Co., Ltd..................               7.14
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Disclosure

    We intend to disclose the calculations performed for these final 
results of review within five days after public announcement of the 
final results in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries covered by this review. For TFM, we calculated importer-
specific assessment rates on the basis of the ratio of the total amount 
of antidumping duties calculated for each importer's examined sales and 
the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).\6\
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    \6\ In these final results, Commerce applied the assessment rate 
calculation method adopted in 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 its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction. We intend to issue instructions to CBP 15 
days after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided for 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 listed in the final results of this 
administrative review; (2) for merchandise exported by producers or 
exporters 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 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 for the most recent 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.\7\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \7\ See Certain Stilbenic Optical Brighening Agents from Taiwan: 
Final Determination of Sales at Less Than Fair Value, 77 FR 17027 
(March 23, 2012); see also Order, 77 FR at 27420.
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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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

[[Page 34862]]

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: June 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
    Comment 1: Certain U.S. Sales Incorrectly Excluded from Margin 
Calculation
    Comment 2: Correction of Clerical Error
    Comment 3: Commerce Should Not Use the Tetra Control Number 
(CONNUM) as a Surrogate for the Hexa CONNUM
    Comment 4: Commerce Should Deduct Indirect Selling Expenses 
Incurred in the Comparison Market
VI. Recommendation

[FR Doc. 2019-15300 Filed 7-18-19; 8:45 am]
BILLING CODE 3510-DS-P