[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Pages 27361-27362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09907]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-848]
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.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen, 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) 482-3683.
SUPPLEMENTARY INFORMATION:
Background
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.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739, 33743 (July 15, 2019)
(Initiation Notice).
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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,
2020.\2\
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\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.
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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\
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\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).
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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). 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:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Teh Fong Min International Co., Ltd........................ 4.61
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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
extended.\7\
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\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).
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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, 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.
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\8\ See 19 CFR 351.310(c).
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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.
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\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 8103; see also
19 CFR 351.106(c)(2).
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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.
Appendix
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]
BILLING CODE 3510-DS-P