[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27419-27421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11223]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-848]


Certain Stilbenic Optical Brightening Agents From Taiwan: Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: May 10, 2012.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on certain 
stilbenic optical brightening agents (stilbenic OBAs) from Taiwan. In 
addition, the Department is amending its final determination to correct 
a ministerial error.

FOR FURTHER INFORMATION CONTACT: Sandra Stewart or Minoo Hatten, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0768 
or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), on March 23, 2012, the Department 
published the final determination of sales at less than fair value in 
the antidumping duty investigation of stilbenic OBAs from Taiwan.\1\ On 
May 2, 2012, the ITC notified the Department of its affirmative 
determination of material injury to a U.S. industry.\2\
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    \1\ See Certain Stilbenic Optical Brightening Agents From 
Taiwan: Final Determination of Sales at Less Than Fair Value, 77 FR 
17027 (March 23, 2012) (Final Determination).
    \2\ See Certain Stilbenic Optical Brightening Agents from China 
and Taiwan, USITC Investigation Nos. 731-TA-1186 and 731-TA-1187 
(Final), USITC Publication 4322 (May 2012).
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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] \3\ 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.
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    \3\ The brackets in this sentence are part of the chemical 
formula.
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    Excluded from this order are all forms of 4,4'-bis[4-anilino-6-
morpholino-1,3,5-triazin-2-yl] \4\ 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.
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    \4\ Id.
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    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

[[Page 27420]]

2921.59.8090. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.

Amendment to the Final Determination

    On March 23, 2012, the Department published its affirmative final 
determination in this proceeding.\5\ On March 27, 2012, Clariant 
Corporation (the petitioner), submitted a timely ministerial error 
allegation and requested that the Department correct the alleged 
ministerial error in the dumping margin calculation. The respondent, 
Teh Fong Min International Co., Ltd. (TFM) did not submit a ministerial 
error allegation or rebuttal comments.
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    \5\ See Final Determination.
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    After analyzing the petitioner's comments, we have determined, in 
accordance with section 735(e) of the Act and 19 CFR 351.224(e), that 
we made a ministerial error in our calculation for the Final 
Determination with respect to TFM. Specifically, we did not use TFM's 
revised U.S. sales database for our dumping margin calculation. For a 
detailed discussion of the alleged ministerial error, as well as the 
Department's analysis, see Memorandum to Paul Piquado, Assistant 
Secretary for Import Administration, from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
entitled, ``Ministerial Error Allegation in the Final Determination of 
the Antidumping Duty Investigation of Certain Stilbenic Optical 
Brightening Agents from Taiwan: Teh Fong Min International Co., Ltd.,'' 
dated April 23, 2012.\6\
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    \6\ See also Memorandum to the file entitled, ``Allegation of 
Ministerial Error in the Antidumping Duty Investigation of Certain 
Stilbenic Optical Brightening Agents from Taiwan: Analysis 
Memorandum for Teh Fong Min International Co., Ltd. With Respect to 
the Ministerial Error in the Final Determination,'' dated April 23, 
2012.
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    In the Final Determination, pursuant to section 735(c)(5)(A) of the 
Act, we determined the estimated all others rate to be equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated. 
Because TFM is the only respondent in this investigation for which the 
Department calculated a company-specific rate, we determined the all 
others rate to be the weighted-average dumping margin calculated for 
TFM.\7\ Because the weighted-average dumping margin for TFM changed as 
a result of the aforementioned ministerial error, we have amended the 
all others rate accordingly. The amended weighted-average dumping 
margins are provided below.
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    \7\ See Final Determination.
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Antidumping Duty Order

    As stated above, on May 2, 2012, in accordance with section 735(d) 
of the Act, the ITC notified the Department of its final determination 
in this investigation, in which it found material injury with respect 
to stilbenic OBAs from Taiwan. Because the ITC determined that imports 
of stilbenic OBAs from Taiwan are materially injuring a U.S. industry, 
all unliquidated entries of such merchandise from Taiwan, entered or 
withdrawn from warehouse, are subject to the assessment of antidumping 
duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of stilbenic OBAs from Taiwan. 
These antidumping duties will be assessed on unliquidated entries from 
Taiwan entered, or withdrawn from warehouse, for consumption on or 
after November 3, 2011, the date on which the Department published its 
preliminary determination,\8\ but will not include entries occurring 
after the expiration of the provisional measures period and before 
publication of the ITC's final injury determination as further 
described below.
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    \8\ See Certain Stilbenic Optical Brightening Agents from the 
People's Republic of China: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 76 FR 
68154 (November 3, 2011) (Preliminary Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all entries of 
stilbenic OBAs from Taiwan. We will also instruct CBP to require cash 
deposits equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated below. These instructions 
suspending liquidation will remain in effect until further notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins listed below. See section 736(a)(3) of 
the Act.

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of exports of stilbenic OBAs from Taiwan, we extended the 
four-month period to no more than six months.\9\ In the underlying 
investigation, the Department published the Preliminary Determination 
on November 3, 2011.\10\ Therefore, the six-month period beginning on 
the date of the publication of the Preliminary Determination ended on 
May 1, 2012. Furthermore, section 737(b) of the Act states that 
definitive duties are to begin on the date of publication of the ITC's 
final injury determination.
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    \9\ Id.
    \10\ Id.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of stilbenic OBAs from Taiwan entered, or 
withdrawn from warehouse, for consumption after May 1, 2012, the date 
provisional measures expired, and through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will resume on and after the date 
of publication of the ITC's final injury determination in the Federal 
Register.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/Exporter                       margin
                                                               (percent)
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Teh Fong Min International Co., Ltd.........................        6.19
All Others..................................................        6.19
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    This notice constitutes the antidumping duty order with respect to 
stilbenic OBAs from Taiwan pursuant to section 736(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 7043 of the main Commerce building, for copies of

[[Page 27421]]

an updated list of antidumping duty orders currently in effect.
    This order and amended final determination are published in 
accordance with sections 736(a) and 735(e) of the Act and 19 CFR 
351.211 and 351.224(e).

     Dated: May 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-11223 Filed 5-9-12; 8:45 am]
BILLING CODE 3510-DS-P