[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Notices]
[Pages 43991-43992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15834]


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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.
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    \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).

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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).
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    \2\ See letter from TFM dated March 19, 2016.
    \3\ See hearing transcript, filed on the record May 17, 2016.
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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\
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    \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).
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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\
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    \6\ See Preliminary Decision Memorandum at 10.
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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.
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    \7\ The all-others rate established in the Order.
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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