[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Pages 27361-27362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09907]



International Trade Administration


Stilbenic Optical Brightening Agents From Taiwan: Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Teh Fong Min International Co., Ltd. (TFM), the sole producer and/
or exporter subject to this administrative review, made sales of 
subject merchandise at less than normal value. Interested parties are 
invited to comment on the preliminary results of this review.

DATES: Applicable May 8, 2020.

Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-3683.



    On July 15, 2019, Commerce initiated the administrative review of 
the antidumping duty order on stilbenic optical brightening agents 
(OBAs) from Taiwan.\1\ The period of review is May 1, 2018 through 
April 30, 2019.

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 33739, 33743 (July 15, 2019) 
(Initiation Notice).

    On January 14, 2020, we extended the due date for the preliminary 
results of this review from January 31, 2020 to May 22, 2020. On April 
24, 2020, Commerce tolled all deadlines in administrative reviews by 50 
days, thereby extending the deadline for these results until July 13, 

    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020. 
Commerce's practice dictates that, where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005). We note that 50 days after May 22, 2020 is July 11, 2020. 
However, because that date is a Saturday, the current deadline is 
Monday, July 13, 2020.

Scope of the Order

    The merchandise subject to the Order \3\ 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.\4\

    \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).
    \4\ See ``Certain Stilbenic Optical Brightening Agents from 
Taiwan: Decision Memorandum for Preliminary Results of Antidumping 
Duty Administrative Review; 2018-2019,'' dated concurrently with and 
hereby adopted by this notice (Preliminary Decision Memorandum).


    Commerce is conducting this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act). Export price and 
constructed export price are 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 the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included in 
the Appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for TFM for the period May 1, 2018 through April 
30, 2019:

                     Producer/exporter                         dumping
Teh Fong Min International Co., Ltd........................        4.61

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case 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 seven 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 brief summary of the argument, and 
(3) a table of authorities.\6\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until May 19, 2020, unless 

    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020).

    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, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, no 
later than 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\8\ 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. Commerce 
intends to issue the final

[[Page 27362]]

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.

    \8\ See 19 CFR 351.310(c).

Assessment Rates

    If TFM's weighted-average dumping margin is above de minimis in the 
final results of this review, we will calculate an importer-specific 
assessment rate based on the ratio of the total amount of dumping 
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 or an importer-specific assessment rate 
is zero or de minimis in the final results of review, we will instruct 
U.S. Customs and Border Protection (CBP) to liquidate the appropriate 
entries without regard to antidumping duties in accordance with the 
Final Modification for Reviews.\10\ The final results of this 
administrative review shall be the basis for the assessment of 
antidumping duties on entries of merchandise under review and for 
future deposits of estimated duties, where applicable.

    \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 
    \10\ See Final Modification for Reviews, 77 FR at 8103; see also 
19 CFR 351.106(c)(2).

    For entries of subject merchandise during the period of review 
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 liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of this 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 companies subject to this review will be equal to the 
weighted-average dumping margins established in the final results of 
the review; (2) for merchandise exported by companies not covered in 
this review but covered in a prior segment of this 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, then the cash deposit rate will be the rate established 
for the most recently 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 less-than-fair-value investigation, adjusted for the 
export-subsidy rate in the companion countervailing duty investigation. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

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 period of review. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).

    Dated: May 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.


List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2020-09907 Filed 5-7-20; 8:45 am]