[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Pages 9292-9293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04749]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-848]
Certain Stilbenic Optical Brightening Agents From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Teh Fong Min International Co., Ltd. (TFM), the sole producer and/or
exporter subject to this administrative review, has made sales of
subject merchandise at less than normal value. The period of review
(POR) is May 1, 2017, through April 30, 2018. We invite interested
parties to comment on these preliminary results.
DATES: Applicable March 14, 2019.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan 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) 482-2201, and (202) 482-
1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on certain stilbenic optical brightening agents (OBAs) from
Taiwan. The POR is May 1, 2017, through April 30, 2018. Commerce
exercised its discretion to toll all deadlines affected by the partial
federal government closure from December 22, 2018, through the
resumption of operations on January 29, 2019.\1\ If the new deadline
falls on a non-business day, in accordance with Commerce's practice,
the deadline will become the next business day. Accordingly, the
revised deadline for the preliminary results is now March 12, 2019.
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\1\ See memorandum to the record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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Scope of the Order
The merchandise subject to the Order \2\ 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 is dispositive. A
full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.\3\
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\2\ 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).
\3\ See ``Certain Stilbenic Optical Brightening Agents from
Taiwan: Decision Memorandum for Preliminary Results of Antidumping
Duty Administrative Review; 2017-2018,'' dated concurrently with and
hereby adopted by this notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). Constructed export
price is calculated in accordance with section 772 of the Act. Normal
value is calculated in accordance with section 773 of the Act. For a
full description of the methodology underlying our conclusions, see
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is
a public document and 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 to all parties in the Central Records Unit,
Room B8024 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly on the internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an Appendix to this notice.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for TFM for the period
May 1, 2017, through April 30, 2018.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Teh Fong Min International Co., Ltd........................ 19.82
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[[Page 9293]]
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary results.\4\
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\4\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
cases briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\5\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a summary of the argument; and (3) a table
of authorities.\6\
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\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance. All documents must be filed
electronically using ACCESS which is available to registered users at
http://access.trade.gov. An electronically filed request must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time, within 30 days after the date of publication of this notice.\7\
Requests should contain: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\7\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuance of the final results, Commerce shall determine and
U.S. Customs and Border Protection (CBP) shall assess antidumping
duties on all appropriate entries covered by this review.\8\ If TFM's
weighted-average dumping margin is above de minimis in the final
results of this review, we will calculate importer-specific assessment
rates 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).\9\
If TFM's weighted-average dumping margin is zero or de minimis in the
final results of review, we will instruct CBP not to assess duties on
any of its entries in accordance with the Final Modification for
Reviews.\10\
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\8\ See 19 CFR 351.212(b).
\9\ In these preliminary 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) (Final Modification for
Reviews).
\10\ See Final Modification for Reviews, 77 FR at 8102.
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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(ies)
involved in the transaction.
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)(C) of the Act: (1) The cash deposit rate for TFM will
be equal to 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 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
recent period; (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
recent 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.\11\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ The all-others rate established in the Order.
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Notification to Importers
This notice serves as a preliminary 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 to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: March 6, 2019.
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.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Methodology
Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
Product Comparisons
Date of Sale
Export Price and Constructed Export Price
Normal Value
A. Home Market Viability and Comparison Market
B. Cost of Production
C. Level of Trade
D. Calculation of Normal Value Based on Comparison Market Prices
E. Calculation of Normal Value Based on Constructed Value
Currency Conversion
Recommendation
[FR Doc. 2019-04749 Filed 3-13-19; 8:45 am]
BILLING CODE 3510-DS-P