80 FR 61368 - Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 197 (October 13, 2015)
International Trade Administration
Federal Register Volume 80, Issue 197 (October 13, 2015)
| Page Range | 61368-61369 | |
| FR Document | 2015-25966 |
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)] [Notices] [Pages 61368-61369] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25966] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-848] Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 5, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain stilbenic optical brightening agents (OBAs) from Taiwan.\1\ The period of review (POR) is May 1, 2013, through April 30, 2014. The review covers one producer/exporter of the subject merchandise, Teh Fong Ming International Co., Ltd. (TFM). For the final results, we find that TFM has not sold subject merchandise at less than normal value. --------------------------------------------------------------------------- \1\ See Certain Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2013-2104, 80 FR 32085 (June 5, 2015) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective Date: October 13, 2015. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1757, and (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: Background On June 5, 2015, the Department published the Preliminary Results of this review in the Federal Register. We invited parties to comment on the Preliminary Results. On July 20, 2015, TFM submitted a case brief. No other party submitted case or rebuttal briefs. No party requested a hearing. The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The merchandise subject to the Order \2\ 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 remains dispositive.\3\ --------------------------------------------------------------------------- \2\ 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). \3\ A full description of the scope of the Order is contained in the memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Stilbenic Optical Brightening Agents from Taiwan: Issues and Decision Memorandum for Final Results of Antidumping Duty Administrative Review; 2013-2014'' dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of the Comments Received All issues raised in the case brief submitted in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted with this notice. A list of the issues raised is attached as an 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 http://access.trade.gov and it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. Changes Since the Preliminary Results Based on our analysis of the comments received, we made certain changes to the Preliminary Results. For a discussion of these changes, see Issues and Decision Memorandum. Final Results of Review As a result of this review, we determine that a weighted-average dumping margin of 0.00 percent exists for TFM for the period May 1, 2013, through April 30, 2014. Assessment In accordance with 19 CFR 351.212 and the Final Modification,\4\ the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate all appropriate entries for TFM without regard to antidumping duties. --------------------------------------------------------------------------- \4\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification). --------------------------------------------------------------------------- Consistent with the Department's assessment practice, for entries of subject merchandise during the POR produced by TFM for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.\5\ --------------------------------------------------------------------------- \5\ For a full discussion, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- 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 upon publication of the notice of final results of administrative review 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) of the Act: (1) The cash deposit rate for TFM will be 0.00 percent, the weighted average dumping margin established in the final results of this administrative review; (2) for other manufacturers and exporters covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company- specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 6.19 percent, the all- others rate established in the less than fair value investigation.\6\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \6\ The all-others rate established in the Order. --------------------------------------------------------------------------- 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 [[Page 61369]] that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: CEP Offset Comment 2: Cost Assigned to Merchandise Sold but Not Produced During the POR Recommendation [FR Doc. 2015-25966 Filed 10-9-15; 8:45 am] BILLING CODE 3510-DS-P
![61368 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
19. U.S. Credit Expenses Scope of the Order Department will instruct U.S. Customs
20. U.S. Indirect Selling Expenses and Border Protection (CBP) to liquidate
21. Affiliated Party Purchases The merchandise subject to the
Order 2 is OBAs and is currently all appropriate entries for TFM without
22. G&A Expenses regard to antidumping duties.
23. Production Costs of the Pohang Plant classifiable under subheadings
3204.20.8000, 2933.69.6050, Consistent with the Department’s
24. Financial Expenses
2921.59.4000 and 2921.59.8090 of the assessment practice, for entries of
[FR Doc. 2015–25980 Filed 10–9–15; 8:45 am] subject merchandise during the POR
Harmonized Tariff Schedule of the
BILLING CODE 3510–DS–P
United States (HTSUS). While the produced by TFM for which it did not
HTSUS numbers are provided for know that the merchandise was
destined for the United States, we will
DEPARTMENT OF COMMERCE convenience and customs purposes, the
instruct CBP to liquidate un-reviewed
written product description remains
entries at the all-others rate if there is no
International Trade Administration dispositive.3
rate for the intermediate company(ies)
Analysis of the Comments Received involved in the transaction.5
[A–583–848] We intend to issue instructions to
All issues raised in the case brief
submitted in this review are addressed CBP 15 days after publication of the
Certain Stilbenic Optical Brightening final results of this review.
Agents From Taiwan: Final Results of in the Issues and Decision
Antidumping Duty Administrative Memorandum, which is hereby adopted Cash Deposit Requirements
Review; 2013–2014 with this notice. A list of the issues The following cash deposit
raised is attached as an Appendix to this requirements will be effective upon
AGENCY: Enforcement and Compliance, notice. The Issues and Decision publication of the notice of final results
International Trade Administration, Memorandum is a public document and of administrative review for all
Department of Commerce. is on file electronically via Enforcement shipments of OBAs from Taiwan
SUMMARY: On June 5, 2015, the and Compliance’s Antidumping and entered, or withdrawn from warehouse,
Department of Commerce (the Countervailing Duty Centralized for consumption on or after the date of
Department) published the preliminary Electronic Service System (ACCESS). publication as provided by section
results of the administrative review of ACCESS is available to registered users 751(a)(2) of the Act: (1) The cash deposit
the antidumping duty order on certain at http://access.trade.gov and it is rate for TFM will be 0.00 percent, the
stilbenic optical brightening agents available to all parties in the Central weighted average dumping margin
(OBAs) from Taiwan.1 The period of Records Unit, Room B8024 of the main established in the final results of this
review (POR) is May 1, 2013, through Department of Commerce building. In administrative review; (2) for other
April 30, 2014. The review covers one addition, a complete version of the manufacturers and exporters covered in
producer/exporter of the subject Issues and Decision Memorandum can a prior segment of the proceeding, the
merchandise, Teh Fong Ming be accessed directly at http:// cash deposit rate will continue to be the
International Co., Ltd. (TFM). For the enforcement.trade.gov/frn/index.html. company-specific rate published for the
final results, we find that TFM has not Changes Since the Preliminary Results most recently completed segment of this
sold subject merchandise at less than proceeding; (3) if the exporter is not a
Based on our analysis of the firm covered in this review, a prior
normal value.
comments received, we made certain review, or the original investigation, but
DATES: Effective Date: October 13, 2015. changes to the Preliminary Results. For the manufacturer is, the cash deposit
FOR FURTHER INFORMATION CONTACT: a discussion of these changes, see Issues rate will be the rate established for the
Catherine Cartsos or Minoo Hatten, AD/ and Decision Memorandum. most recently completed segment of this
CVD Operations, Office I, Enforcement Final Results of Review proceeding for the manufacturer of
and Compliance, International Trade subject merchandise; and (4) the cash
As a result of this review, we
Administration, U.S. Department of deposit rate for all other manufacturers
determine that a weighted-average
Commerce, 14th Street and Constitution or exporters will continue to be 6.19
dumping margin of 0.00 percent exists
Avenue NW., Washington, DC 20230; percent, the all-others rate established
for TFM for the period May 1, 2013,
telephone: (202) 482–1757, and (202) in the less than fair value investigation.6
through April 30, 2014.
482–1690, respectively. These cash deposit requirements, when
SUPPLEMENTARY INFORMATION:
Assessment imposed, shall remain in effect until
In accordance with 19 CFR 351.212 further notice.
Background and the Final Modification,4 the Notification to Importers
On June 5, 2015, the Department This notice serves as a final reminder
2 See Certain Stilbenic Optical Brightening Agents
published the Preliminary Results of to importers of their responsibility
From Taiwan: Amended Final Determination of
this review in the Federal Register. We Sales at Less Than Fair Value and Antidumping under 19 CFR 351.402(f)(2) to file a
invited parties to comment on the Duty Order, 77 FR 27419 (May 10, 2012) (Order). certificate regarding the reimbursement
Preliminary Results. On July 20, 2015, 3 A full description of the scope of the Order is
of antidumping duties prior to
TFM submitted a case brief. No other contained in the memorandum to Paul Piquado,
Assistant Secretary for Enforcement and liquidation of the relevant entries
party submitted case or rebuttal briefs. Compliance, from Christian Marsh, Deputy during this review period. Failure to
No party requested a hearing. The Assistant Secretary for Antidumping and comply with this requirement could
mstockstill on DSK4VPTVN1PROD with NOTICES
Department conducted this review in Countervailing Duty Operations, ‘‘Certain Stilbenic
result in the Secretary’s presumption
accordance with section 751(a)(2) of the Optical Brightening Agents from Taiwan: Issues and
Decision Memorandum for Final Results of
Tariff Act of 1930, as amended (the Act). Antidumping Duty Administrative Review; 2013– Proceedings; Final Modification, 77 FR 8101, 8102
2014’’ dated concurrently with and hereby adopted (February 14, 2012) (Final Modification).
1 See Certain Stilbenic Optical Brightening Agents by this notice (Issues and Decision Memorandum). 5 For a full discussion, see Antidumping and
From Taiwan: Preliminary Results of Antidumping 4 See Antidumping Proceedings: Calculation of Countervailing Duty Proceedings: Assessment of
Duty Administrative Review; 2013–2104, 80 FR the Weighted-Average Dumping Margin and Antidumping Duties, 68 FR 23954 (May 6, 2003).
32085 (June 5, 2015) (Preliminary Results). Assessment Rate in Certain Antidumping Duty 6 The all-others rate established in the Order.
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![Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices 61369
that reimbursement of antidumping review covers ten producers or 7409.29.00.90 of the Harmonized Tariff
duties occurred and the subsequent exporters of subject merchandise.3 We Schedule of the United States (HTSUS).
assessment of double antidumping find that three of the producers or Although the HTSUS subheadings are
duties. exporters for which the Department provided for convenience and customs
initiated a review, Schwermetall, purposes, the written description of the
Administrative Protective Orders ThyssenKrupp, and Wieland, had no merchandise subject to the order is
This notice also serves as a reminder shipments during the POR. Further, we dispositive.6
to parties subject to administrative find that subject merchandise has been
protective order (APO) of their Methodology
sold at less than normal value by seven
responsibility concerning the of the companies subject to this review.4 In accordance with sections 776(a)
destruction of proprietary information Based on our analysis of the comments and (b) of the Tariff Act of 1930, as
disclosed under APO in accordance and information received, these final amended (the Act), we relied on facts
with 19 CFR 351.305(a)(3). Timely results remain unchanged from the available with an adverse inference with
written notification of the return or Preliminary Results.5 For the final respect to Messingwerk, the sole
destruction of APO materials or weighted-average dumping margin, see company selected for individual
conversion to judicial protective order is the ‘‘Final Results of Review’’ section examination in this review. Thus, we
hereby requested. Failure to comply below. are assigning a rate of 55.60 percent as
with the regulations and terms of an DATES: Effective Date: October 13, 2015. the dumping margin for Messingwerk.7
APO is a sanctionable violation. FOR FURTHER INFORMATION CONTACT: In making these findings, we relied on
We are issuing and publishing these George McMahon or Eric Greynolds, facts available because Messingwerk
results in accordance with sections AD/CVD Operations, Office III, failed to respond to the Department’s
751(a)(1) and 777(i)(1) of the Act. Enforcement and Compliance, antidumping duty questionnaire, and
International Trade Administration, thus withheld requested information,
Paul Piquado,
U.S. Department of Commerce, 14th failed to provide requested information
Assistant Secretary for Enforcement and by the established deadlines, and
Compliance. Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) significantly impeded this proceeding.
Appendix 482–1167 or (202) 482–6071, See sections 776(a)(1) and (2)(A)–(C) of
respectively. the Act. Furthermore, because we
List of Topics Discussed in the Issues and
Decision Memorandum determine that Messingwerk failed to
SUPPLEMENTARY INFORMATION:
cooperate by not acting to the best of its
Summary
Scope of the Order ability to comply with the Department’s
Background
Scope of the Order The merchandise subject to the requests for information, we drew an
Discussion of the Issues antidumping duty order is brass sheet adverse inference in selecting from
Comment 1: CEP Offset and strip, other than leaded brass and among the facts otherwise available. See
Comment 2: Cost Assigned to Merchandise tin brass sheet and strip, from Germany, section 776(b) of the Act.
Sold but Not Produced During the POR
which is currently classified under Additionally, as indicated in the
Recommendation
subheading 7409.21.00.50, ‘‘Final Results of Review’’ section
[FR Doc. 2015–25966 Filed 10–9–15; 8:45 am] 7409.21.00.75, 7409.21.00.90, below, we determine that a margin of
BILLING CODE 3510–DS–P 7409.29.00.50, 7409.29.00.75, and 22.61 percent applies to the six firms
not selected for individual review. We
Request for Revocation in Part, 79 FR 24398 (April
have determined to base the dumping
DEPARTMENT OF COMMERCE 30, 2014) (Initiation). margin for the six companies not
3 The ten producers or exporters include: Aurubis selected for individual examination in
International Trade Administration Stolberg GmbH & Co. KG, Carl Schreiber GmbH, this review on an average of the range
KME Germany AG & Co. KG, Messingwerk
[A–428–602] Plettenberg Herfeld GmbH & Co. KG (Messingwerk),
of certain dumping margins contained
MKM Mansfelder Kupfer & Messing GmbH, Schlenk in the underlying Petition.8 For further
Brass Sheet and Strip From Germany: Metallfolien GmbH & Co. KG, Schwermetall information, see the Preliminary
Final Results of Antidumping Duty Halbzeugwerk GmbH & Co. KG (Schwermetall), Decision Memorandum 9 at the section
Sundwiger Messingwerke GmbH & Co. KG,
Administrative Review and Final ThyssenKrupp VDM GmbH (ThyssenKrupp), and
titled, ‘‘Rate for Non-Examined
Determination of No Shipments; 2013– Wieland-Werke AG (Wieland). Companies.’’
2014 4 The seven companies include Aurubis Stolberg For a full description of the
GmbH & Co. KG, Carl Schreiber GmbH, KME methodology underlying our
AGENCY: Enforcement and Compliance, Germany AG & Co. KG, Messingwerk, MKM
International Trade Administration, Mansfelder Kupfer & Messing GmbH, Schlenk 6 For a full description of the scope of the order,
Metallfolien GmbH & Co. KG, and Sundwiger
Department of Commerce. Messingwerke GmbH & Co. KG. see the ‘‘Issues and Decision Memorandum for the
SUMMARY: In response to a request from 5 See Brass Sheet and Strip from Germany:
Final Results of the Antidumping Duty
Petitioners,1 the Department of Administrative Review: Brass Sheet and Strip from
Preliminary Results of Antidumping Duty
Germany; 2013–2014’’ from Gary Taverman,
Commerce (the Department) is Administrative Review and Preliminary
Associate Deputy Assistant Secretary for
conducting an administrative review of Determination of No Shipments; 2013–2014, 80 FR
Antidumping and Countervailing Duty Operations,
18357 (April 6, 2015) (Preliminary Results), and
the antidumping duty order on brass accompanying ‘‘Preliminary Decision Memorandum
to Paul Piquado, Assistant Secretary for
sheet and strip from Germany. The Enforcement and Compliance, dated concurrently
for the Final Results of the Antidumping Duty
with this notice (Issues and Decision
mstockstill on DSK4VPTVN1PROD with NOTICES
period of review (POR) is March 1, Administrative Review: Brass Sheet and Strip from
Germany; 2013–2014’’ from Gary Taverman, Memorandum).
2013, through February 28, 2014.2 The Associate Deputy Assistant Secretary for
7 For a full description of the Department’s
Antidumping and Countervailing Duty Operations, selection of the 55.60 percent adverse facts
1 The Petitioners are GBC Metals, LLC of Global
to Paul Piquado, Assistant Secretary for available dumping margin, see Issues and Decision
Brass and Copper, Inc., dba Olin Brass, Heyco Enforcement and Compliance, dated March 31, Memorandum.
Metals, Inc., Aurubis Buffalo, Inc. PMX Industries, 2015 (Preliminary Decision Memorandum). The 8 See Brass Sheet and Strip From The Federal
Inc. and Revere Copper Products, Inc. three producers or exporters which we determine Republic of Germany; Initiation of Antidumping
2 See Initiation of Antidumping and had no shipments are Schwermetall, Duty Investigation, 51 FR 11774 (April 7, 1986).
Countervailing Duty Administrative Reviews and ThyssenKrupp, and Wieland. 9 See the Preliminary Decision Memorandum.
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Document Created: 2018-02-27 08:47:50
Document Modified: 2018-02-27 08:47:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: October 13, 2015. | |
| Contact | Catherine Cartsos or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1757, and (202) 482-1690, respectively. | |
| FR Citation | 80 FR 61368 |
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