83 FR 49360 - Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 190 (October 1, 2018)
International Trade Administration
Federal Register Volume 83, Issue 190 (October 1, 2018)
| Page Range | 49360-49361 | |
| FR Document | 2018-21325 |
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)] [Notices] [Pages 49360-49361] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21325] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-848] Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Teh Fong Ming International Co., Ltd. (TFM) has made sales of subject merchandise at less than normal value during the period of review (POR), May 1, 2016, through April 30, 2017. DATES: Applicable October 1, 2018. FOR FURTHER INFORMATION CONTACT: Michael Romani, 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) 482-0198. SUPPLEMENTARY INFORMATION: Background On June 11, 2018, Commerce published the Preliminary Results of the administrative review of the antidumping duty order on stilbenic optical brightening agents (OBAs from Taiwan.\1\ The administrative review covers one producer/exporter of the subject merchandise, TFM. We gave interested parties an opportunity to comment on the Preliminary Results but received none. Hence, these final results are unchanged from the Preliminary Results. Commerce conducted this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \1\ See Certain Stilbenic Optical Brightening Agents from Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 26950 (June 11, 2018) (Preliminary Results). --------------------------------------------------------------------------- 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] \2\ 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. --------------------------------------------------------------------------- \2\ 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] \3\ amino-2,2'-stilbenedisulfonic acid, C40H40N12O8S2 (``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. --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- 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. Final Results of the Administrative Review We determine that the following weighted-average dumping margin exists for the period of May 1, 2016, through April 30, 2017. ------------------------------------------------------------------------ Weighted- average dumping Producer/exporter margin (percent) ------------------------------------------------------------------------ Teh Fong Ming International Co., Ltd................... 1.31 ------------------------------------------------------------------------ Assessment Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. We calculated an importer-specific assessment rate 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).\4\ --------------------------------------------------------------------------- \4\ 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). --------------------------------------------------------------------------- [[Page 49361]] 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 involved in the transaction. We intend to issue assessment 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 stilbenic OBAs from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for TFM will be 1.31 percent, the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative 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 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 producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 6.19 percent, the all-others rate established in the investigation.\5\ --------------------------------------------------------------------------- \5\ See Certain Stilbenic Optical Brightening Agents from Taiwan: Final Determination of Sales at Less Than Fair Value, 77 FR 17027 (March 23, 2012). --------------------------------------------------------------------------- These cash deposit requirements, when imposed, shall remain in effect until further notice. 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. Notification Regarding 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 violation subject to sanction. We are issuing and publishing these results of an administrative review in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: September 25, 2018. 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. [FR Doc. 2018-21325 Filed 9-28-18; 8:45 am] BILLING CODE 3510-DS-P
![49360 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices
NME entity, Commerce will instruct DEPARTMENT OF COMMERCE produced during the synthesis of
CBP to liquidate entries for all exporters stilbenic OBA products.
not named in the initiation notice, International Trade Administration Excluded from this order are all forms
including those that were suspended at of 4,4’-bis[4-anilino-6-morpholino-1,3,5-
the NME entity rate. [A–583–848] triazin-2-yl] 3 amino-2,2’-
All requests must be filed stilbenedisulfonic acid,
Certain Stilbenic Optical Brightening C40H40N12O8S2 (‘‘Fluorescent
electronically in Enforcement and Agents From Taiwan: Final Results of Brightener 71’’). This order covers the
Compliance’s Antidumping and Antidumping Duty Administrative above-described compounds in any state
Countervailing Duty Centralized Review; 2016–2017 (including but not limited to powder,
Electronic Service System (ACCESS) on slurry, or solution), of any
Enforcement and Compliance’s ACCESS AGENCY: Enforcement and Compliance,
International Trade Administration, concentrations of active stilbenic OBA
website at http://access.trade.gov.5 ingredient, as well as any compositions
Further, in accordance with 19 CFR Department of Commerce.
regardless of additives (i.e., mixtures or
351.303(f)(l)(i), a copy of each request SUMMARY: The Department of Commerce
blends, whether of stilbenic OBAs with
must be served on the petitioner and (Commerce) determines that Teh Fong
each other, or of stilbenic OBAs with
each exporter or producer specified in Ming International Co., Ltd. (TFM) has
additives that are not stilbenic OBAs),
the request. made sales of subject merchandise at
and in any type of packaging.
less than normal value during the
Commerce will publish in the Federal These stilbenic OBAs are classifiable
period of review (POR), May 1, 2016,
Register a notice of ‘‘Initiation of under subheading 3204.20.8000 of the
through April 30, 2017.
Administrative Review of Antidumping Harmonized Tariff Schedule of the
DATES: Applicable October 1, 2018. United States (HTSUS), but they may
or Countervailing Duty Order, Finding,
FOR FURTHER INFORMATION CONTACT: also enter under subheadings
or Suspended Investigation’’ for
requests received by the last day of Michael Romani, AD/CVD Operations, 2933.69.6050, 2921.59.4000 and
Office I, Enforcement and Compliance, 2921.59.8090. Although the HTSUS
October 2018. If Commerce does not
International Trade Administration, subheadings are provided for
receive, by the last day of October 2018,
U.S. Department of Commerce, 1401 convenience and customs purposes, the
a request for review of entries covered Constitution Avenue NW, Washington, written description of the merchandise
by an order, finding, or suspended DC 20230; telephone: (202) 482–0198. is dispositive.
investigation listed in this notice and for
SUPPLEMENTARY INFORMATION:
the period identified above, Commerce Final Results of the Administrative
will instruct CBP to assess antidumping Background Review
or countervailing duties on those entries On June 11, 2018, Commerce We determine that the following
at a rate equal to the cash deposit of published the Preliminary Results of the weighted-average dumping margin
estimated antidumping or administrative review of the exists for the period of May 1, 2016,
countervailing duties required on those antidumping duty order on stilbenic through April 30, 2017.
entries at the time of entry, or optical brightening agents (OBAs from
withdrawal from warehouse, for Taiwan.1 The administrative review Weighted-
consumption and to continue to collect covers one producer/exporter of the average
Producer/exporter dumping
the cash deposit previously ordered. subject merchandise, TFM. We gave margin
For the first administrative review of interested parties an opportunity to (percent)
any order, there will be no assessment comment on the Preliminary Results but
received none. Hence, these final results Teh Fong Ming International
of antidumping or countervailing duties Co., Ltd ............................. 1.31
on entries of subject merchandise are unchanged from the Preliminary
entered, or withdrawn from warehouse, Results. Commerce conducted this
review in accordance with sections Assessment
for consumption during the relevant
751(a)(1)(B) and (2) of the Tariff Act of Pursuant to section 751(a)(2)(A) of the
provisional-measures ‘‘gap’’ period of
1930, as amended (the Act). Act and 19 CFR 351.212(b)(1),
the order, if such a gap period is
applicable to the period of review. Scope of the Order Commerce will determine, and CBP
shall assess, antidumping duties on all
This notice is not required by statute The stilbenic OBAs covered by this appropriate entries of subject
but is published as a service to the order are all forms (whether free acid or merchandise in accordance with the
international trading community. salt) of compounds known as final results of this review. We
triazinylaminostilbenes (i.e., all calculated an importer-specific
Dated: September 25, 2018.
derivatives of 4,4’-bis [1,3,5- triazin-2- assessment rate on the basis of the ratio
James Maeder, yl] 2 amino-2,2’-stilbenedisulfonic acid), of the total amount of antidumping
Associate Deputy Assistant Secretary for except for compounds listed in the
Antidumping and Countervailing Duty
duties calculated for each importer’s
following paragraph. The stilbenic examined sales and the total entered
Operations performing the duties of Deputy OBAs covered by this order include
Assistant Secretary for Antidumping and value of the sales in accordance with 19
final stilbenic OBA products, as well as CFR 351.212(b)(1).4
Countervailing Duty Operations.
intermediate products that are
[FR Doc. 2018–21296 Filed 9–28–18; 8:45 am]
amozie on DSK3GDR082PROD with NOTICES
themselves triazinylaminostilbenes 3 Id.
BILLING CODE 3510–DS–P
4 In these final results, Commerce applied the
1 SeeCertain Stilbenic Optical Brightening Agents assessment rate calculation method adopted in
from Taiwan: Preliminary Results of Antidumping Antidumping Proceedings: Calculation of the
5 See Antidumping and Countervailing Duty
Duty Administrative Review; 2016–2017, 83 FR Weighted-Average Dumping Margin and
Proceedings: Electronic Filing Procedures; 26950 (June 11, 2018) (Preliminary Results). Assessment Rate in Certain Antidumping Duty
Administrative Protective Order Procedures, 76 FR 2 The brackets in this sentence are part of the Proceedings; Final Modification, 77 FR 8101
39263 (July 6, 2011). chemical formula. (February 14, 2012).
VerDate Sep<11>2014 17:50 Sep 28, 2018 Jkt 247001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1](https://thefederalregister.org/doc/83_FR_49550/page/1.svg)
![Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices 49361
For entries of subject merchandise Notification Regarding Administrative Administration, U.S. Department of
during the POR produced by TFM for Protective Orders Commerce, 1401 Constitution Avenue
which it did not know its merchandise This notice also serves as a reminder NW, Washington, DC 20230; telephone:
was destined for the United States, we to parties subject to administrative (202) 482–3931 or (202) 482–7924,
will instruct CBP to liquidate protective order (APO) of their respectively.
unreviewed entries at the all-others rate responsibility concerning the SUPPLEMENTARY INFORMATION:
if there is no rate for the intermediate destruction of proprietary information
company involved in the transaction. disclosed under APO in accordance Background
We intend to issue assessment with 19 CFR 351.305(a)(3). Timely
instructions to CBP 15 days after In the underlying 2013/2014
written notification of the return or administrative review, Commerce
publication of the final results of this destruction of APO materials or
review. rescinded its review with respect to
conversion to judicial protective order is Evonik Rexim (Nanning)
Cash Deposit Requirements hereby requested. Failure to comply Pharmaceutical Co., Ltd., (Evonik),
with the regulations and terms of an finding Evonik’s sales of subject
The following cash deposit APO is a violation subject to sanction. merchandise to be not bona fide.1
requirements will be effective upon We are issuing and publishing these Accordingly, Commerce determined
publication of the notice of final results results of an administrative review in that Evonik’s entries during the period
of administrative review for all accordance with sections 751(a)(1) and of review would be subject to the rate
shipments of stilbenic OBAs from 777(i) of the Act and 19 CFR for the China-wide entity in effect at the
Taiwan entered, or withdrawn from 351.221(b)(5). time of entry, which at that point in
warehouse, for consumption on or after Dated: September 25, 2018. time was 453.79 percent.2 This rate was
the date of publication as provided by
Gary Taverman, established as the China-wide rate in
section 751(a)(2)(C) of the Act: (1) The
Deputy Assistant Secretary for Antidumping Final Results 12–13.3 The rate of 453.79
cash deposit rate for TFM will be 1.31
and Countervailing Duty Operations, percent was originally calculated in
percent, the weighted-average dumping performing the non-exclusive functions and Final Results 10–11 for respondent
margin established in the final results of duties of the Assistant Secretary for Baoding Mantong Fine Chemistry Co.,
this administrative review; (2) for Enforcement and Compliance. Ltd. (Baoding Mantong).4 Baoding
merchandise exported by producers or [FR Doc. 2018–21325 Filed 9–28–18; 8:45 am] Mantong challenged that rate in Baoding
exporters not covered in this BILLING CODE 3510–DS–P Mantong Fine Chemistry Co., Ltd. v.
administrative review but covered in a
United States, Consol. Ct. No. 12–00362.
prior segment of the proceeding, the
In that separate proceeding, this Court
cash deposit rate will continue to be the DEPARTMENT OF COMMERCE twice remanded the calculation of the
company-specific rate published for the
rate to Commerce, sustaining
most recently completed segment of this International Trade Administration Commerce’s second remand
proceeding; (3) if the exporter is not a
[A–570–836] redetermination, which reduced
firm covered in this review, a prior
Baoding Mantong’s calculated margin to
review, or the original investigation, but Glycine From the People’s Republic of 0.00 percent for the Final Results 10–
the producer is, the cash deposit rate China: Notice of Court Decision Not in 11.5
will be the rate established for the most Harmony With Final Results of the
recently completed segment of this Because Final Results 10–11 was
Antidumping Duty Administrative under judicial review at the
proceeding for the producer of the Review and Notice of Amended Final
subject merchandise; and (4) the cash commencement of its action before the
Results; 2013–2014 Court, Evonik challenged Commerce’s
deposit rate for all other producers or
exporters will continue to be 6.19 AGENCY: Enforcement and Compliance, application of the rate of 453.79 percent
percent, the all-others rate established International Trade Administration, to the China-wide entity 6 in its action
in the investigation.5 Department of Commerce.
SUMMARY: On September 7, 2018, the 1 See Glycine from the People’s Republic of
These cash deposit requirements, China: Final Results of Antidumping Duty
Court of International Trade (CIT or
when imposed, shall remain in effect Administrative Review and Partial Rescission of
Court) sustained the final results of
until further notice. Antidumping Duty Administrative Review; 2013–
remand redetermination pertaining to 2014, 80 FR 62,027 (October 15, 2015) (Final
Notification to Importers the administrative review of the Results 13–14) and accompanying Issues and
antidumping duty order on glycine from Decision Memorandum (Issues and Decision
This notice serves as a final reminder the People’s Republic of China (China), Memorandum) at Comment 5.
to importers of their responsibility covering the period of March 1, 2013,
2 See Final Results 13–14 at 62,028.
3 See Glycine from the People’s Republic of
under 19 CFR 351.402(f)(2) to file a through February 28, 2014. The China: Final Results of Antidumping Duty
certificate regarding the reimbursement Department of Commerce (Commerce) is Administrative Review; 2012–2013, 79 FR 64,746,
of antidumping duties prior to notifying the public that the final 64,748 (October 31, 2014) (Final Results 12–13).
liquidation of the relevant entries judgment in this case is not in harmony
4 See Glycine from the People’s Republic of
during this review period. Failure to with Commerce’s final results of the
China: Final Results of Antidumping Duty
comply with this requirement could Administrative Review, 77 FR 64,100, 64,101
administrative review and that (October 18, 2012) (Final Results 10–11).
result in the Secretary’s presumption Commerce is amending the final results 5 See Baoding Mantong Fine Chemistry Co. Ltd.,
that reimbursement of antidumping
amozie on DSK3GDR082PROD with NOTICES
with respect to the dumping margin Slip. Op. 17–169, 279 F. Supp. 3d 1321 (Ct. Int’l
duties occurred and the subsequent assigned to the China-wide entity. Trade Dec. 20, 2017) (Baoding Mantong). In an
assessment of double antidumping earlier decision, Baoding Mantong Fine Chemistry
DATES: Applicable September 17, 2018. Co. Ltd., 41 CIT ___, 222 F. Supp. 3d. 1231 (Ct. Int’l
duties. Trade 2017), the Court sustained an initial revision
FOR FURTHER INFORMATION CONTACT:
by Commerce of Baoding Mantong’s rate to 64.97
5 See Certain Stilbenic Optical Brightening Agents Edythe Artman or Brian Davis, AD/CVD percent.
from Taiwan: Final Determination of Sales at Less Operations, Office VI, Enforcement and 6 See Issues and Decision Memorandum at
Than Fair Value, 77 FR 17027 (March 23, 2012). Compliance, International Trade Comment 6.
VerDate Sep<11>2014 17:50 Sep 28, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1](https://thefederalregister.org/doc/83_FR_49550/page/2.svg)
Document Created: 2018-09-29 04:25:59
Document Modified: 2018-09-29 04:25:59
| 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 | Applicable October 1, 2018. | |
| Contact | Michael Romani, 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) 482-0198. | |
| FR Citation | 83 FR 49360 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR