[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7361-7362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02138]


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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; 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., also known as Teh 
Fong Ming 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, 2022, through November 26, 2022. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable February 2, 2024.

FOR FURTHER INFORMATION CONTACT: Joshua Weiner, 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) 482-3902.

SUPPLEMENTARY INFORMATION:

Background

    On May 10, 2012, we published in the Federal Register the 
antidumping duty (AD) order on OBAs from Taiwan.\1\ On May 2, 2023, we 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order for the POR.\2\ In May 2023, 
Archroma, U.S., Inc. (Archroma), a U.S. producer of OBAs, timely 
requested an administrative review of TFM.\3\ Additionally, TFM and its 
affiliated U.S. importer TFM North America, Inc requested a review of 
TFM.\4\ On July 12, 2023, we initiated this administrative review with 
respect to TFM.\5\
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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 and Join Annual Inquiry Service List, 88 FR 27445, 27447 (May 
2, 2023).
    \3\ See Archroma's Letter, ``Request for Administrative,'' dated 
May 31, 2023.
    \4\ See TFM's Letter, ``Certain Stilbenic Optical Brightening 
Agents (CSOBA) from Taiwan,'' dated May 30, 2023.
    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262, 44268 (July 12, 2023).
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    On December 29, 2022, Commerce revoked the Order effective November 
27, 2022.\6\ Because only entries of subject merchandise ``prior to the 
effective date of revocation will continue to be subject to suspension 
of liquidation and AD deposit requirements,'' \7\ the POR for this 
administrative review is abbreviated (i.e., May 1, 2022, through 
November 26, 2022).\8\
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    \6\ See Stilbenic Optical Brightening Agents from People's 
Republic of China and Taiwan: Final Results of Sunset Reviews and 
Revocation of Order, 87 FR 80162 (December 29, 2022) (Revocation 
Notice).
    \7\ Id. 87 FR at 80163.
    \8\ Id.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\9\ 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 https://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics discussed in the 
Preliminary Decision Memorandum is attached as an Appendix to this 
notice.
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    \9\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review of Certain 
Stilbenic Optical Brightening Agents from Taiwan; 2022,'' 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 the Administrative Review

    As a result of this review, we preliminarily determine that the 
following estimated weighted-average dumping margin exists for the POR 
May 1, 2022, through November 26, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Teh Fong Min International Co., Ltd/Teh Fong Ming                   1.04
 International Co., Ltd.....................................
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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 these preliminary results.\10\
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    \10\ See 19 CFR 351.224(b).

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[[Page 7362]]

    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.\11\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the date for filing case briefs.\12\ Interested parties who 
submit case or rebuttal briefs in this proceeding must submit: (1) a 
table of contents listing each issues; and (2) a table of 
authorities.\13\
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    \11\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \12\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public 
executive summary for each issue raised in their briefs.\14\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results of this review. We request that interested 
parties include footnotes for relevant citations in the executive 
summary of each issue. Note that Commerce has amended certain 
requirements pertaining to the service of documents in 19 CFR 
351.303(f).\15\
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    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See APO and Service Final Rule.
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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 by 
Commerce's electronic records system, 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.\16\ Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \16\ See 19 CFR 351.310(d).
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Final Results of Review

    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 these preliminary results in the Federal Register, 
unless extended, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).

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).\17\ 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.\18\
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    \17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \18\ Id. 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) \19\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\20\
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    \19\ See Order, 77 FR at 27420.
    \20\ 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

    In the Revocation Notice, Commerce stated that it intends to issue 
instructions to CBP to terminate the suspension of liquidation and to 
discontinue the collection of cash deposits on entries of subject 
merchandise, entered or withdrawn from the warehouse, on or after 
November 27, 2022.\21\ Furthermore, because the Order has been revoked, 
Commerce will not issue cash deposit instructions at the conclusion of 
this administrative review.
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    \21\ See Revocation Notice, 87 FR at 80163.
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Notification to Importers

    This notice also 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: January 29, 2024.
Abdelali Elouaradia,
Deputy 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. 2024-02138 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P