Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2021-2022
The U.S. Department of Commerce (Commerce) determines that the sole producer and/or exporter subject to this review, Teh Fong Ming International Co., Ltd. (TFM), made sales of s...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
( printed page 45391)
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that the sole producer and/or exporter subject to this review, Teh Fong Ming International Co., Ltd. (TFM), made sales of subject merchandise in the United States at less than normal value during the period of review (POR), May 1, 2021, through April 30, 2022.
DATES:
Applicable July 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla, 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) 482-3477.
SUPPLEMENTARY INFORMATION:
Background
On May 19, 2023, Commerce published the preliminary results of the 2021-2022 administrative review of the antidumping duty order on certain stilbenic optical brightening agents (OBAs) from Taiwan.[1]
We invited interested parties to comment on the
Preliminary Results
.[2]
No interested parties submitted comments. Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).
The products covered by the
Order
are OBAs. A full description of the scope of the
Order
is provided in the
Preliminary Results
.[4]
Final Results of Review
We determine that the following weighted-average dumping margin exists for the period May 1, 2021, through April 30, 2022:
Producer/exporter
Weighted-
average
dumping margin (percent)
Teh Fong Min International Co., Ltd
3.89
Disclosure
Because Commerce received no comments on the
Preliminary Results,
we have not modified our analysis and no decision memorandum accompanies this
Federal Register
notice. We are adopting the
Preliminary Results
as the final results of this review. Consequently, there are no new calculations to disclose in accordance with 19 CFR 351.224(b) for these final results.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. We intend to instruct CBP to apply the importer-specific
ad valorem
assessment rates we calculated for the
Preliminary Results
on the basis of the ratio of the total amount of dumping calculated for each importer's examined sales and the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).[5]
If the importer-specific assessment rate is zero or
de minimis,
then Commerce will instruct CBP to liquidate such entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by TFM, for which it did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate (
i.e.,
6.19 percent) [6]
if there is no rate for the intermediate company(ies) involved in the transaction.
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results in the
Federal Register
. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication in the
Federal Register
of this notice 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)(C) of the Act: (1) the cash deposit rate for TFM will be 3.89 percent, the weighted-average dumping margin established in these final results; (2) for previously investigated companies not subject to this review, the cash deposit rate will continue to be the company-specific rate published in the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the producer is, the cash deposit rate will be the rate established in the most recent completed 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, the all-others rate established in the LTFV investigation.[7]
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 Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the 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/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 which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing the final results of this review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
( printed page 45392)
Dated: July 11, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Footnotes
1.
See Stilbenic Optical Brightening Agents from Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022,88 FR 32194 (May 19, 2023) (
Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM).
3.
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 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).