81 FR 43991 - Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 129 (July 6, 2016)
International Trade Administration
Federal Register Volume 81, Issue 129 (July 6, 2016)
| Page Range | 43991-43992 | |
| FR Document | 2016-15834 |
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)] [Notices] [Pages 43991-43992] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15834] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-848] Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 26, 2016, 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, 2014, through April 30, 2015. 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 sold subject merchandise at less than normal value. --------------------------------------------------------------------------- \1\ See Certain Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 81 FR 9805 (February 26, 2016) (Preliminary Results) and accompanying decision memorandum (Preliminary Decision Memorandum). --------------------------------------------------------------------------- DATES: Effective Date: July 6, 2016. 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, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1757, and (202) 482-1690, respectively. SUPPLEMENTARY INFORMATION: Background On February 26, 2016, the Department published the Preliminary Results of this review in the Federal Register. We invited parties to comment on the Preliminary Results. On March 28, 2016, TFM submitted a case brief. On April 4, 2016, Archroma U.S., Inc., a domestic producer of merchandise, submitted a rebuttal brief. At the request of TFM,\2\ we held a hearing on May 11, 2016.\3\ The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \2\ See letter from TFM dated March 19, 2016. \3\ See hearing transcript, filed on the record May 17, 2016. --------------------------------------------------------------------------- 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 remains dispositive.\5\ --------------------------------------------------------------------------- \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\ 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; 2014-2015'' 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 and rebuttal 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 [[Page 43992]] 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 have not made changes to the Preliminary Results. For a discussion of our analysis of the comments received, see Issues and Decision Memorandum. Final Results of Review For the final results of this review, in accordance with sections 776(a) and (b) of the Act, we continued to rely on facts available with an adverse inference to establish a rate of 6.19 percent as the weighted-average dumping margin for TFM for the period May 1, 2014, through April 30, 2015. As the Department explained in the Preliminary Decision Memorandum, the 6.19 percent rate is the highest applied margin in a separate segment of the same proceeding, and according to 776(c)(2) of the Act, this rate does not require corroboration.\6\ --------------------------------------------------------------------------- \6\ See Preliminary Decision Memorandum at 10. --------------------------------------------------------------------------- Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to apply an ad valorem assessment rate of 6.19 percent to all entries of subject merchandise during the POR which were produced and/ or exported by TFM. 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 6.19 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.\7\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \7\ 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 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. Dated: June 27, 2016. 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: Questionnaire Original Deadline Comment 2: Hindrance of Proceeding Comment 3: Opportunity To Remedy Under the Statute and Regulations Comment 4: Untimely Extension Request Due to Extraordinary Circumstances Comment 5: Per Se Rule Decision Making Comment 6: Focus on Adverse Facts Available (AFA) Rate and Not on Decision To Apply AFA Comment 7: Rejection Letter Attachment Comment 8: Addressing the Facts of the Case Comment 9: Neutral Facts Available Recommendation [FR Doc. 2016-15834 Filed 7-5-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 43991
The re-lender is also subject to the Equal Language, etc.) should contact the subject merchandise at less than normal
Credit Opportunity Act. responsible Agency or USDA’s TARGET value.
(a) The re-lender agrees: Center at (202) 720–2600 (voice and DATES: Effective Date: July 6, 2016.
(1) To have each prospective TTY) or contact USDA through the FOR FURTHER INFORMATION CONTACT:
Applicant sign Form RD 400–4, Federal Relay Service at (800) 877–8339. Catherine Cartsos or Minoo Hatten, AD/
Assurance Agreement, which assures Additionally, program information may CVD Operations, Office I, Enforcement
USDA that the recipient is in be made available in languages other and Compliance, International Trade
compliance with title VI of the Civil than English. Administration, U.S. Department of
Rights Act of 1964, 7 CFR part 15 and To file a program discrimination Commerce, 1401 Constitution Avenue
other Agency regulations. complaint, complete the USDA Program
(2) That no person will be NW., Washington, DC 20230; telephone:
Discrimination Complaint Form, AD– (202) 482–1757, and (202) 482–1690,
discriminated against based on race, 3027, found online at http://
color or national origin, in regard to any respectively.
www.ascr.usda.gov/complaint_filing_
program or activity for which the re- cust.html and at any USDA office or SUPPLEMENTARY INFORMATION:
lender receives Federal financial write a letter addressed to USDA and Background
assistance. provide in the letter all of the
(3) That nondiscrimination statements information requested in the form. To On February 26, 2016, the Department
are in advertisements and brochures. request a copy of the complaint form, published the Preliminary Results of
(4) To collect and maintain data on call (866) 632–9992, submit your this review in the Federal Register. We
applicants by race, sex, and national completed form or letter to USDA by: invited parties to comment on the
origin of the Applicants and Borrowers, Mail: U.S. Department of Agriculture, Preliminary Results. On March 28, 2016,
and ensure that the borrowers also Office of the Assistant Secretary for TFM submitted a case brief. On April 4,
collect and maintain the same data on Civil Rights, 1400 Independence 2016, Archroma U.S., Inc., a domestic
the entities benefiting from those Avenue SW., Washington, DC 20250– producer of merchandise, submitted a
projects. 9410; rebuttal brief. At the request of TFM,2
(5) The projects supported with Fax: (202) 690–7442; or we held a hearing on May 11, 2016.3
Agency funds will not cause any email: program.intake@usda.gov. The Department conducted this review
adverse human health or environmental USDA is an equal opportunity in accordance with section 751(a)(2) of
effects on minority and low-income provider, employer, and lender. the Tariff Act of 1930, as amended (the
populations. Dated: June 27. 2016.
Act).
(6) The Agency will use the above
information to complete Civil rights Lisa Mensah, Scope of the Order
compliance reviews within the first year Under Secretary, Rural Development. The merchandise subject to the
after the initial loan closing and [FR Doc. 2016–16003 Filed 7–5–16; 8:45 am] Order 4 is OBAs and is currently
thereafter at intervals of not more than BILLING CODE 3410–XV–P classifiable under subheadings
3 years until the CF direct loan funds 3204.20.8000, 2933.69.6050,
have all been re-lent. 2921.59.4000 and 2921.59.8090 of the
(7) For other Federal, State and Local DEPARTMENT OF COMMERCE Harmonized Tariff Schedule of the
Requirements, see 7 CFR 1942.17(k). United States (HTSUS). While the
(8) Any loan funds not disbursed International Trade Administration HTSUS numbers are provided for
within 5 years of the loan to the Re- [A–583–848] convenience and customs purposes, the
Lender will be deobligated and become written product description remains
unavailable for disbursement. Certain Stilbenic Optical Brightening dispositive.5
VII. Non-Discrimination Statement Agents From Taiwan: Final Results of Analysis of the Comments Received
Antidumping Duty Administrative
In accordance with Federal civil Review; 2014–2015 All issues raised in the case brief and
rights law and U.S. Department of rebuttal brief submitted in this review
Agriculture (USDA) civil rights AGENCY: Enforcement and Compliance, are addressed in the Issues and Decision
regulations and policies, the USDA, its International Trade Administration, Memorandum, which is hereby adopted
Agencies, offices, employees, and Department of Commerce. with this notice. A list of the issues
institutions participating in or SUMMARY: On February 26, 2016, the raised is attached as an Appendix to this
administering USDA programs are Department of Commerce (the notice. The Issues and Decision
prohibited from discriminating based on Department) published the preliminary Memorandum is a public document and
race, color, national origin, religion, sex, results of the administrative review of
gender identity (including gender the antidumping duty order on certain 2 See letter from TFM dated March 19, 2016.
expression), sexual orientation, stilbenic optical brightening agents 3 See hearing transcript, filed on the record May
disability, age, marital status, familial/ (OBAs) from Taiwan.1 The period of 17, 2016.
4 See Certain Stilbenic Optical Brightening Agents
parental status, income derived from a review (POR) is May 1, 2014, through From Taiwan: Amended Final Determination of
public assistance program, political April 30, 2015. The review covers one Sales at Less Than Fair Value and Antidumping
beliefs, or reprisal or retaliation for prior producer/exporter of the subject Duty Order, 77 FR 27419 (May 10, 2012) (Order).
civil rights activity, in any program or merchandise, Teh Fong Ming 5 A full description of the scope of the Order is
activity conducted or funded by USDA International Co., Ltd. (TFM). For the contained in the memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
ehiers on DSK5VPTVN1PROD with NOTICES
(not all bases apply to all programs). final results, we find that TFM has sold Compliance, from Christian Marsh, Deputy
Remedies and complaint filing Assistant Secretary for Antidumping and
deadlines vary by program or incident. 1 See Certain Stilbenic Optical Brightening Agents Countervailing Duty Operations, ‘‘Certain Stilbenic
Persons with disabilities who require From Taiwan: Preliminary Results of Antidumping Optical Brightening Agents from Taiwan: Issues and
Duty Administrative Review; 2014–2015, 81 FR Decision Memorandum for Final Results of
alternative means of communication for 9805 (February 26, 2016) (Preliminary Results) and Antidumping Duty Administrative Review; 2014–
program information (e.g., Braille, large accompanying decision memorandum (Preliminary 2015’’ dated concurrently with and hereby adopted
print, audiotape, American Sign Decision Memorandum). by this notice (Issues and Decision Memorandum).
VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1](https://thefederalregister.org/doc/81_FR_44120/page/1.svg)
![43992 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices
is on file electronically via Enforcement company-specific rate published for the Comment 5: Per Se Rule Decision Making
and Compliance’s Antidumping and most recently completed segment of this Comment 6: Focus on Adverse Facts
Countervailing Duty Centralized proceeding; (3) if the exporter is not a Available (AFA) Rate and Not on
firm covered in this review, a prior Decision To Apply AFA
Electronic Service System (ACCESS).
Comment 7: Rejection Letter Attachment
ACCESS is available to registered users review, or the original investigation, but Comment 8: Addressing the Facts of the
at http://access.trade.gov and it is the manufacturer is, the cash deposit Case
available to all parties in the Central rate will be the rate established for the Comment 9: Neutral Facts Available
Records Unit, Room B8024 of the main most recently completed segment of this Recommendation
Department of Commerce building. In proceeding for the manufacturer of [FR Doc. 2016–15834 Filed 7–5–16; 8:45 am]
addition, a complete version of the subject merchandise; and (4) the cash
BILLING CODE 3510–DS–P
Issues and Decision Memorandum can deposit rate for all other manufacturers
be accessed directly at http:// or exporters will continue to be 6.19
enforcement.trade.gov/frn/index.html. percent, the all-others rate established DEPARTMENT OF COMMERCE
in the less than fair value investigation.7
Changes Since the Preliminary Results These cash deposit requirements, when International Trade Administration
Based on our analysis of the imposed, shall remain in effect until
comments received, we have not made further notice. Meeting of the United States
changes to the Preliminary Results. For Manufacturing Council
Notification to Importers
a discussion of our analysis of the
comments received, see Issues and This notice serves as a final reminder AGENCY: International Trade
Decision Memorandum. to importers of their responsibility Administration, U.S. Department of
under 19 CFR 351.402(f)(2) to file a Commerce.
Final Results of Review certificate regarding the reimbursement ACTION: Notice of an open meeting.
For the final results of this review, in of antidumping duties prior to
accordance with sections 776(a) and (b) liquidation of the relevant entries SUMMARY: The United States
of the Act, we continued to rely on facts during this review period. Failure to Manufacturing Council (Council) will
available with an adverse inference to comply with this requirement could hold an open meeting via teleconference
establish a rate of 6.19 percent as the result in the Secretary’s presumption on Wednesday, July 20, 2016. The
weighted-average dumping margin for that reimbursement of antidumping Council was established in April 2004
TFM for the period May 1, 2014, duties occurred and the subsequent to advise the Secretary of Commerce on
through April 30, 2015. As the assessment of double antidumping matters relating to the U.S.
Department explained in the duties. manufacturing industry. The purpose of
Preliminary Decision Memorandum, the the meeting is for Council members to
Administrative Protective Orders review and deliberate on proposed
6.19 percent rate is the highest applied
margin in a separate segment of the This notice also serves as a reminder recommendations by the Innovation,
same proceeding, and according to to parties subject to administrative Research, and Development
776(c)(2) of the Act, this rate does not protective order (APO) of their Subcommittee focused on the transition
require corroboration.6 responsibility concerning the of the Internet Assigned Numbers
destruction of proprietary information Authority. The final agenda will be
Assessment disclosed under APO in accordance posted on the Department of Commerce
The Department will instruct U.S. with 19 CFR 351.305(a)(3). Timely Web site for the Council at http://
Customs and Border Protection (CBP) to written notification of the return or www.trade.gov/manufacturingcouncil/,
apply an ad valorem assessment rate of destruction of APO materials or at least one week in advance of the
6.19 percent to all entries of subject conversion to judicial protective order is meeting.
merchandise during the POR which hereby requested. Failure to comply DATES: Wednesday, July 20, 12 p.m.–1
were produced and/or exported by with the regulations and terms of an p.m. The deadline for members of the
TFM. We intend to issue instructions to APO is a sanctionable violation. public to register, including requests to
CBP 15 days after publication of the We are issuing and publishing these make comments during the meeting and
final results of this review. results in accordance with sections for auxiliary aids, or to submit written
751(a)(1) and 777(i)(1) of the Act. comments for dissemination prior to the
Cash Deposit Requirements
Dated: June 27, 2016. meeting, is 5 p.m. EDT on July 12, 2016.
The following cash deposit Paul Piquado, ADDRESSES: The meeting will be held by
requirements will be effective upon Assistant Secretary for Enforcement and
publication of the notice of final results conference call. The call-in number and
Compliance. passcode will be provided by email to
of administrative review for all
shipments of OBAs from Taiwan Appendix—List of Topics Discussed in registrants. Requests to register
entered, or withdrawn from warehouse, the Issues and Decision Memorandum (including to speak or for auxiliary aids)
for consumption on or after the date of and any written comments should be
Summary submitted to: U.S. Manufacturing
publication as provided by section Background
751(a)(2) of the Act: (1) The cash deposit Scope of the Order Council, U.S. Department of Commerce,
rate for TFM will be 6.19 percent, the Discussion of the Issues Room 4043, 1401 Constitution Avenue
weighted average dumping margin Comment 1: Questionnaire Original NW., Washington, DC, 20230; email:
Deadline archana.sahgal@trade.gov. Members of
ehiers on DSK5VPTVN1PROD with NOTICES
established in the final results of this
Comment 2: Hindrance of Proceeding the public are encouraged to submit
administrative review; (2) for other Comment 3: Opportunity To Remedy
manufacturers and exporters covered in registration requests and written
Under the Statute and Regulations comments via email to ensure timely
a prior segment of the proceeding, the Comment 4: Untimely Extension Request
cash deposit rate will continue to be the Due to Extraordinary Circumstances
receipt.
FOR FURTHER INFORMATION CONTACT:
6 See Preliminary Decision Memorandum at 10. 7 The all-others rate established in the Order. Archana Sahgal, U.S. Manufacturing
VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1](https://thefederalregister.org/doc/81_FR_44120/page/2.svg)
Document Created: 2016-07-06 07:55:43
Document Modified: 2016-07-06 07:55:43
| 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 | |
| Contact | Catherine Cartsos 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) 482-1757, and (202) 482-1690, respectively. | |
| FR Citation | 81 FR 43991 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR