[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32194-32195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10780]


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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; 2021-2022

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

SUMMARY: The U.S. 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 stilbenic optical brightening agents (OBAs) at less than 
normal value during the period of review (POR) May 1, 2021, through 
April 30, 2022. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable May 19, 2023.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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) 482-3477.

SUPPLEMENTARY INFORMATION: 

Background

    On May 10, 2012, we published in the Federal Register an 
antidumping duty order on OBAs from Taiwan.\1\ On May 2, 2022, we 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On July 14, 2022, based on 
timely requests for an administrative review, Commerce initiated the 
administrative review of the Order with respect to TFM.\3\ On January 
12, 2023, we extended the due date for the preliminary results of this 
review by 120 days to no later than May 24, 2023.\4\
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 25619 (May 2, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144, 42149 (July 14, 2022); see also 
Archroma U.S., Inc.'s Letter, ``Archroma U.S., Inc.'s Request for 
Administrative Review of Certain Stilbenic Optical Brightening 
Agents from Taiwan, Case No. A-583-848, POR 5/1/21-4/30/22,'' dated 
May 31, 2022; and TFM's Letter, ``Certain Stilbenic Optical 
Brightening Agents (CSOBA) from Taiwan,'' dated May 29, 2022.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review, 2021-2022,'' 
dated January 12, 2023.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is available via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022: 
Certain Stilbenic Optical Brightening Agents from Taiwan,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The products covered by the Order are OBAs. A full description of 
the scope of the Order is contained in the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) 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 
these preliminary results, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period May 1, 2021, through April 30, 
2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                  Producer and/or exporter                     dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Teh Fong Min International Co., Ltd........................        3.89
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Disclosure and Public Comment

    We intend to disclose the calculations performed in connection with 
these preliminary results to interested parties within five days after 
public announcement of the preliminary results.\6\
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    \6\ See 19 CFR 351.224(b).
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    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to the Assistant Secretary for Enforcement and Compliance 
no 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 no later than seven days after the date for filing case 
briefs.\7\ Parties who submit case 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.\8\ Case and rebuttal briefs should be filed using ACCESS 
and must be served on interested parties.\9\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents

[[Page 32195]]

containing business proprietary information, until further notice.\10\
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    \7\ See 19 CFR 351.309(d)(1).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303 (for general filing requirements).
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 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. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; (3) whether any 
participant is a foreign national; and (4) a list of the issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs. An electronically filed 
hearing request must be received successfully in its entirety via 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice. If a request for a hearing is made, 
Commerce intends to hold the hearing 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.
    Unless extended, 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, no later than 120 days after 
the date of publication of this notice, unless extended, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon completion of the final results, Commerce shall determine and 
U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries. If the weighted-average dumping 
margin for TFM is not zero or de minimis (i.e., less than 0.50 percent) 
in the final results of this review, we intend to 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 those same sales in accordance with 19 CFR 
351.212(b)(1).\11\ 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 CBP to liquidate appropriate 
entries without regard to antidumping duties.\12\
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    \11\ See 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).
    \12\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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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 such entries at the all-
others rate (i.e., 6.19 percent) \13\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\14\
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    \13\ See Order, 77 FR at 27420.
    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register 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 a company 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 in the 
completed segment 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 in the completed segment for the most recent period 
for the producer of the merchandise; (4) the cash deposit rate for all 
other producers or exporters will be the all-others rate established in 
the less-than-fair-value investigation for this proceeding, i.e., 6.19 
percent.\15\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \15\ See Order, 77 FR at 27420.
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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 POR. 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 preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.221(b)(4).

    Dated: May 15, 2023.
Lisa W. Wang,
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. 2023-10780 Filed 5-18-23; 8:45 am]
BILLING CODE 3510-DS-P