Certain Stilbenic Optical Brightening Agents From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 27423-27424 [2012-11219]

Download as PDF Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–972] Certain Stilbenic Optical Brightening Agents From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 10, 2012. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing an antidumping duty order on certain stilbenic optical brightening agents (‘‘stilbenic OBAs’’) from the People’s Republic of China (‘‘PRC’’). In addition, the Department is amending its final determination to correct a ministerial error. FOR FURTHER INFORMATION CONTACT: Shawn Higgins or Maisha Cryor, AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0679 or (202) 482– 5831, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (‘‘Act’’), on March 26, 2012, the Department published the final determination of sales at less than fair value in the antidumping duty investigation of stilbenic OBAs from the PRC.1 On May 2, 2012, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry.2 mstockstill on DSK4VPTVN1PROD with NOTICES Scope of the Order The stilbenic OBAs covered by this order are all forms (whether free acid or salt) of compounds known as triazinylaminostilbenes (i.e., all derivatives of 4,4’-bis [1,3,5- triazin-2yl] 3 amino-2,2’-stilbenedisulfonic acid), except for compounds listed in the 1 See Certain Stilbenic Optical Brightening Agents from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 17436 (March 26, 2012) (‘‘Final Determination’’). 2 See Certain Stilbenic Optical Brightening Agents from China and Taiwan, USITC Investigation Nos. 731–TA–1186 and 731–TA–1187 (Final), USITC Publication 4322 (May 2012). 3 The brackets in this sentence are part of the chemical formula. VerDate Mar<15>2010 17:18 May 09, 2012 Jkt 226001 following paragraph. The stilbenic OBAs covered by this order include final stilbenic OBA products, as well as intermediate products that are themselves triazinylaminostilbenes produced during the synthesis of stilbenic OBA products. Excluded from this order are all forms of 4,4’-bis[4-anilino-6-morpholino-1,3,5triazin-2-yl] 4 amino-2,2’stilbenedisulfonic acid, C40H40N12O8S2 (‘‘Fluorescent Brightener 71’’). This order covers the above-described compounds in any state (including but not limited to powder, slurry, or solution), of any concentrations of active stilbenic OBA ingredient, as well as any compositions regardless of additives (i.e., mixtures or blends, whether of stilbenic OBAs with each other, or of stilbenic OBAs with additives that are not stilbenic OBAs), and in any type of packaging. These stilbenic OBAs are classifiable under subheading 3204.20.8000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’), but they may also enter under subheadings 2933.69.6050, 2921.59.4000 and 2921.59.8090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Amendment to the Final Determination On March 26, 2012, the Department published its affirmative final determination in this proceeding.5 On March 27, 2012, Zhejiang Hongda Chemicals Co., Ltd. (‘‘Hongda’’) and Zhejiang Transfar Whyyon Chemical Co., Ltd. (‘‘Transfar’’), respondents in the investigation, submitted timely ministerial error allegations and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors in the dumping margin calculations. On April 2, 2012, the petitioner, Clariant Corporation, submitted comments in rebuttal to Hongda’s ministerial error allegation. No other interested party submitted ministerial error allegations or rebuttal comments. After analyzing all interested party comments and rebuttals, we have determined, in accordance with section 735(e) of the Act and 19 CFR 351.224(e), that we made a ministerial error in our calculations for the Final Determination, as alleged by Transfar: Specifically, we excluded the cost of rendering services from the denominator of the surrogate profit ratio but included the profit earned from rendering services in the 4 Id. 5 See PO 00000 Final Determination. Frm 00008 Fmt 4703 Sfmt 4703 27423 total profit used as the numerator of the surrogate profit ratio. This error in arithmetic function resulted in the attribution of profits derived from rendering services to the manufacture and sale of the merchandise under consideration.6 The amended weightedaverage dumping margins are provided, below. Antidumping Duty Order As noted above, on May 2, 2012, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination in this investigation, in which it found material injury with respect to stilbenic OBAs from the PRC. Because the ITC determined that imports of stilbenic OBAs from the PRC are materially injuring a U.S. industry, all unliquidated entries of such merchandise from the PRC, entered or withdrawn from warehouse, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (‘‘CBP’’) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of stilbenic OBAs from the PRC. These antidumping duties will be assessed on unliquidated entries from the PRC entered, or withdrawn from warehouse, for consumption on or after November 3, 2011, the date on which the Department published its preliminary determination,7 but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final injury determination as further described below. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation 6 For a detailed discussion of all alleged ministerial errors, as well as the Department’s analysis, see Memorandum to Paul Piquado, Assistant Secretary for Import Administration, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, concerning, ‘‘Antidumping Duty Investigation of Certain Stilbenic Optical Brightening Agents from the People’s Republic of China: Allegation of Ministerial Errors and Amended Final Determination,’’ dated April 20, 2012. 7 See Certain Stilbenic Optical Brightening Agents from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 76 FR 68148 (November 3, 2011) (‘‘Preliminary Determination’’). E:\FR\FM\10MYN1.SGM 10MYN1 27424 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices on all entries of subject merchandise from the PRC. We will also instruct CBP to require cash deposits equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart below. These instructions suspending liquidation will remain in effect until further notice. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins as discussed below.8 The ‘‘PRC-wide’’ rate applies to all exporters of subject merchandise not specifically listed. Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of exports of stilbenic OBAs from the PRC, we extended the four-month period to no more than six months.9 In the underlying investigation, the Department published the Preliminary Determination on November 3, 2011.10 Therefore, the six-month period beginning on the date of the publication of the Preliminary Determination ended on May 1, 2012. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of stilbenic OBAs from the PRC entered, or withdrawn from warehouse, for consumption after May 1, 2012, the date provisional measures expired, and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register Suspension of liquidation will resume on and after the date of publication of the ITC’s final injury determination in the Federal Register The weighted-average dumping margins are as follows: Weightedaverage margin Exporter Producer Zhejiang Hongda Chemicals Co., Ltd ........................................... Zhejiang Transfar Whyyon Chemical Co., Ltd .............................. PRC-wide Entity ............................................................................ Zhejiang Hongda Chemicals Co., Ltd ......................................... Zhejiang Transfar Whyyon Chemical Co., Ltd ............................ ...................................................................................................... This notice constitutes the antidumping duty order with respect to stilbenic OBAs from the PRC pursuant to section 736(a) of the Act. This order and amended final determination are published in accordance with sections 736(a) and 735(e) of the Act and 19 CFR 351.211 and 351.224(e). Dated: May 3, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. 2012–11219 Filed 5–9–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–836] Light-Walled Rectangular Pipe and Tube From Mexico: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: May 10, 2012. FOR FURTHER INFORMATION CONTACT: Dena Crossland or Edythe Artman, AD/ CVD Operations, Office 7, Import mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: 8 See section 736(a)(3) of the Act. VerDate Mar<15>2010 17:18 May 09, 2012 Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3362 or (202) 482– 3931, respectively. SUPPLEMENTARY INFORMATION: Background On October 3, 2011, the Department of Commerce (the Department) published in the Federal Register the initiation of the administrative review of the antidumping duty order on lightwalled rectangular pipe and tube from Mexico, covering the period of August 1, 2010, to July 31, 2011. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocations in Part, 76 FR 61076 (October 3, 2011). The current deadline for the preliminary results of this review is May 2, 2012. Statutory Time Limits In antidumping duty administrative reviews, section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to complete the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested. However, if it is not practicable to complete the 9 See Jkt 226001 PO 00000 Preliminary Determination, 76 FR at 68149. Frm 00009 Fmt 4703 Sfmt 4703 91.78 61.04 106.17 review within this time period, section 751(a)(3)(A) of the Act allows the Department to extend the 245-day time period for the preliminary results up to 365 days after the last day of the anniversary month. Extension of Time Limit for Preliminary Results of Review The Department finds it is not practicable to complete the preliminary results of these reviews within the original time frame because the Department requires additional time to gather additional information and analyze the information submitted on the record by both mandatory respondents, Regiomontana de Perfiles S.A. de C.V. (Regiopytsa) and Maquilacero S.A. de C.V. (Maquilacero). Therefore, the Department is fully extending the time limit for completion of the preliminary results of this administrative review until no later than August 30, 2012, which is 365 days from the last day of the anniversary month of this order. We intend to issue the final results no later than 120 days after publication of the preliminary results notice. This extension is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. 10 See E:\FR\FM\10MYN1.SGM Preliminary Determination. 10MYN1

Agencies

[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27423-27424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11219]



[[Page 27423]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-972]


Certain Stilbenic Optical Brightening Agents From the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value and Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: May 10, 2012.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
certain stilbenic optical brightening agents (``stilbenic OBAs'') from 
the People's Republic of China (``PRC''). In addition, the Department 
is amending its final determination to correct a ministerial error.

FOR FURTHER INFORMATION CONTACT: Shawn Higgins or Maisha Cryor, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0679 or (202) 482-5831, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (``Act''), on March 26, 2012, the Department 
published the final determination of sales at less than fair value in 
the antidumping duty investigation of stilbenic OBAs from the PRC.\1\ 
On May 2, 2012, the ITC notified the Department of its affirmative 
determination of material injury to a U.S. industry.\2\
---------------------------------------------------------------------------

    \1\ See Certain Stilbenic Optical Brightening Agents from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 77 FR 17436 (March 26, 2012) (``Final 
Determination'').
    \2\ See Certain Stilbenic Optical Brightening Agents from China 
and Taiwan, USITC Investigation Nos. 731-TA-1186 and 731-TA-1187 
(Final), USITC Publication 4322 (May 2012).
---------------------------------------------------------------------------

Scope of the Order

    The stilbenic OBAs covered by this order are all forms (whether 
free acid or salt) of compounds known as triazinylaminostilbenes (i.e., 
all derivatives of 4,4'-bis [1,3,5- triazin-2-yl] \3\ amino-2,2'-
stilbenedisulfonic acid), except for compounds listed in the following 
paragraph. The stilbenic OBAs covered by this order include final 
stilbenic OBA products, as well as intermediate products that are 
themselves triazinylaminostilbenes produced during the synthesis of 
stilbenic OBA products.
---------------------------------------------------------------------------

    \3\ The brackets in this sentence are part of the chemical 
formula.
---------------------------------------------------------------------------

    Excluded from this order are all forms of 4,4'-bis[4-anilino-6-
morpholino-1,3,5-triazin-2-yl] \4\ amino-2,2'-stilbenedisulfonic acid, 
C40H40N12O8S2 
(``Fluorescent Brightener 71''). This order covers the above-described 
compounds in any state (including but not limited to powder, slurry, or 
solution), of any concentrations of active stilbenic OBA ingredient, as 
well as any compositions regardless of additives (i.e., mixtures or 
blends, whether of stilbenic OBAs with each other, or of stilbenic OBAs 
with additives that are not stilbenic OBAs), and in any type of 
packaging.
---------------------------------------------------------------------------

    \4\ Id.
---------------------------------------------------------------------------

    These stilbenic OBAs are classifiable under subheading 3204.20.8000 
of the Harmonized Tariff Schedule of the United States (``HTSUS''), but 
they may also enter under subheadings 2933.69.6050, 2921.59.4000 and 
2921.59.8090. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.

Amendment to the Final Determination

    On March 26, 2012, the Department published its affirmative final 
determination in this proceeding.\5\ On March 27, 2012, Zhejiang Hongda 
Chemicals Co., Ltd. (``Hongda'') and Zhejiang Transfar Whyyon Chemical 
Co., Ltd. (``Transfar''), respondents in the investigation, submitted 
timely ministerial error allegations and requested, pursuant to 19 CFR 
351.224, that the Department correct the alleged ministerial errors in 
the dumping margin calculations. On April 2, 2012, the petitioner, 
Clariant Corporation, submitted comments in rebuttal to Hongda's 
ministerial error allegation. No other interested party submitted 
ministerial error allegations or rebuttal comments.
---------------------------------------------------------------------------

    \5\ See Final Determination.
---------------------------------------------------------------------------

    After analyzing all interested party comments and rebuttals, we 
have determined, in accordance with section 735(e) of the Act and 19 
CFR 351.224(e), that we made a ministerial error in our calculations 
for the Final Determination, as alleged by Transfar: Specifically, we 
excluded the cost of rendering services from the denominator of the 
surrogate profit ratio but included the profit earned from rendering 
services in the total profit used as the numerator of the surrogate 
profit ratio. This error in arithmetic function resulted in the 
attribution of profits derived from rendering services to the 
manufacture and sale of the merchandise under consideration.\6\ The 
amended weighted-average dumping margins are provided, below.
---------------------------------------------------------------------------

    \6\ For a detailed discussion of all alleged ministerial errors, 
as well as the Department's analysis, see Memorandum to Paul 
Piquado, Assistant Secretary for Import Administration, from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, concerning, ``Antidumping Duty 
Investigation of Certain Stilbenic Optical Brightening Agents from 
the People's Republic of China: Allegation of Ministerial Errors and 
Amended Final Determination,'' dated April 20, 2012.
---------------------------------------------------------------------------

Antidumping Duty Order

    As noted above, on May 2, 2012, in accordance with section 735(d) 
of the Act, the ITC notified the Department of its final determination 
in this investigation, in which it found material injury with respect 
to stilbenic OBAs from the PRC. Because the ITC determined that imports 
of stilbenic OBAs from the PRC are materially injuring a U.S. industry, 
all unliquidated entries of such merchandise from the PRC, entered or 
withdrawn from warehouse, are subject to the assessment of antidumping 
duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of stilbenic OBAs from the PRC. 
These antidumping duties will be assessed on unliquidated entries from 
the PRC entered, or withdrawn from warehouse, for consumption on or 
after November 3, 2011, the date on which the Department published its 
preliminary determination,\7\ but will not include entries occurring 
after the expiration of the provisional measures period and before 
publication of the ITC's final injury determination as further 
described below.
---------------------------------------------------------------------------

    \7\ See Certain Stilbenic Optical Brightening Agents from the 
People's Republic of China: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 76 FR 
68148 (November 3, 2011) (``Preliminary Determination'').
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation

[[Page 27424]]

on all entries of subject merchandise from the PRC. We will also 
instruct CBP to require cash deposits equal to the estimated amount by 
which the normal value exceeds the U.S. price as indicated in the chart 
below. These instructions suspending liquidation will remain in effect 
until further notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins as discussed below.\8\ The ``PRC-
wide'' rate applies to all exporters of subject merchandise not 
specifically listed.
---------------------------------------------------------------------------

    \8\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of exports of stilbenic OBAs from the PRC, we extended the 
four-month period to no more than six months.\9\ In the underlying 
investigation, the Department published the Preliminary Determination 
on November 3, 2011.\10\ Therefore, the six-month period beginning on 
the date of the publication of the Preliminary Determination ended on 
May 1, 2012. Furthermore, section 737(b) of the Act states that 
definitive duties are to begin on the date of publication of the ITC's 
final injury determination.
---------------------------------------------------------------------------

    \9\ See Preliminary Determination, 76 FR at 68149.
    \10\ See Preliminary Determination.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of stilbenic OBAs from the PRC entered, or 
withdrawn from warehouse, for consumption after May 1, 2012, the date 
provisional measures expired, and through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register Suspension of liquidation will resume on and after the date of 
publication of the ITC's final injury determination in the Federal 
Register
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Weighted-
             Exporter                      Producer            average
                                                                margin
------------------------------------------------------------------------
Zhejiang Hongda Chemicals Co.,     Zhejiang Hongda                 91.78
 Ltd.                               Chemicals Co., Ltd.
Zhejiang Transfar Whyyon Chemical  Zhejiang Transfar Whyyon        61.04
 Co., Ltd.                          Chemical Co., Ltd.
PRC-wide Entity..................  ........................       106.17
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
stilbenic OBAs from the PRC pursuant to section 736(a) of the Act. This 
order and amended final determination are published in accordance with 
sections 736(a) and 735(e) of the Act and 19 CFR 351.211 and 
351.224(e).

     Dated: May 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-11219 Filed 5-9-12; 8:45 am]
BILLING CODE 3510-DS-P