Certain Stilbenic Optical Brightening Agents From Taiwan: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 27419-27421 [2012-11223]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices exported or to be exported from the United States that is subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations. II. No person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. III. After notice and opportunity for comment as provided in Section 766.23 VerDate Mar<15>2010 17:18 May 09, 2012 Jkt 226001 of the Regulations, any other person, firm, corporation, or business organization related to Baniameri by affiliation, ownership, control or position of responsibility in the conduct of trade or related services may also be subject to the provisions of this Order if necessary to prevent evasion of the Order. IV. This Order does not prohibit any export, reexport, or other transaction subject to the Regulations where the only items involved that are subject to the Regulations are the foreignproduced direct product of U.S.-origin technology. V. This Order is effective immediately and shall remain in effect until August 12, 2021. VI. In accordance with Part 756 of the Regulations, Baniameri may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. VII. A copy of this Order shall be delivered to the Baniameri. This Order shall be published in the Federal Register. Issued this 3rd day of May 2012. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. 2012–11267 Filed 5–9–12; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–583–848] Certain Stilbenic Optical Brightening Agents From Taiwan: 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 Taiwan. In addition, the Department is amending its final determination to correct a ministerial error. FOR FURTHER INFORMATION CONTACT: Sandra Stewart or Minoo Hatten, AD/ CVD Operations, Office 1, Import AGENCY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 27419 Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–0768 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), on March 23, 2012, the Department published the final determination of sales at less than fair value in the antidumping duty investigation of stilbenic OBAs from Taiwan.1 On May 2, 2012, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry.2 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 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 1 See Certain Stilbenic Optical Brightening Agents From Taiwan: Final Determination of Sales at Less Than Fair Value, 77 FR 17027 (March 23, 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. 4 Id. E:\FR\FM\10MYN1.SGM 10MYN1 27420 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices 2921.59.8090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. mstockstill on DSK4VPTVN1PROD with NOTICES Amendment to the Final Determination On March 23, 2012, the Department published its affirmative final determination in this proceeding.5 On March 27, 2012, Clariant Corporation (the petitioner), submitted a timely ministerial error allegation and requested that the Department correct the alleged ministerial error in the dumping margin calculation. The respondent, Teh Fong Min International Co., Ltd. (TFM) did not submit a ministerial error allegation or rebuttal comments. After analyzing the petitioner’s comments, 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 calculation for the Final Determination with respect to TFM. Specifically, we did not use TFM’s revised U.S. sales database for our dumping margin calculation. For a detailed discussion of the alleged ministerial error, 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, entitled, ‘‘Ministerial Error Allegation in the Final Determination of the Antidumping Duty Investigation of Certain Stilbenic Optical Brightening Agents from Taiwan: Teh Fong Min International Co., Ltd.,’’ dated April 23, 2012.6 In the Final Determination, pursuant to section 735(c)(5)(A) of the Act, we determined the estimated all others rate to be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated. Because TFM is the only respondent in this investigation for which the Department calculated a company-specific rate, we determined the all others rate to be the weightedaverage dumping margin calculated for TFM.7 Because the weighted-average dumping margin for TFM changed as a result of the aforementioned ministerial 5 See Final Determination. also Memorandum to the file entitled, ‘‘Allegation of Ministerial Error in the Antidumping Duty Investigation of Certain Stilbenic Optical Brightening Agents from Taiwan: Analysis Memorandum for Teh Fong Min International Co., Ltd. With Respect to the Ministerial Error in the Final Determination,’’ dated April 23, 2012. 7 See Final Determination. 6 See VerDate Mar<15>2010 17:18 May 09, 2012 Jkt 226001 error, we have amended the all others rate accordingly. The amended weighted-average dumping margins are provided below. Antidumping Duty Order As stated 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 Taiwan. Because the ITC determined that imports of stilbenic OBAs from Taiwan are materially injuring a U.S. industry, all unliquidated entries of such merchandise from Taiwan, 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 Taiwan. These antidumping duties will be assessed on unliquidated entries from Taiwan entered, or withdrawn from warehouse, for consumption on or after November 3, 2011, the date on which the Department published its preliminary determination,8 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 on all entries of stilbenic OBAs from Taiwan. 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 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 8 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 68154 (November 3, 2011) (Preliminary Determination). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 equal to the estimated weighted-average antidumping duty margins listed below. 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 Taiwan, 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 Taiwan 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: Manufacturer/Exporter Teh Fong Min International Co., Ltd ........................................... All Others .................................... Weightedaverage margin (percent) 6.19 6.19 This notice constitutes the antidumping duty order with respect to stilbenic OBAs from Taiwan pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 7043 of the main Commerce building, for copies of 9 Id. 10 Id. E:\FR\FM\10MYN1.SGM 10MYN1 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value imports of nails from the UAE. See Certain Steel Nails from the United Arab Emirates, USITC Investigation No. 731–TA–1185 (Final), USITC Publication 4321 (May 2012). Pursuant to section 736(a) of the Act, the Department is publishing an antidumping duty order on the subject merchandise. an updated list of antidumping duty orders currently in effect. 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. 2012–11223 Filed 5–9–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–520–804] Certain Steel Nails From the United Arab Emirates: 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 steel nails (nails) from the United Arab Emirates (UAE). In addition, the Department is amending its final determination to correct certain ministerial errors. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–0665 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), on March 23, 2012, the Department published the final determination of sales at less than fair value in the antidumping duty investigation of nails from the UAE. See Certain Steel Nails from the United Arab Emirates: Final Determination of Sales at Less Than Fair Value, 77 FR 17029 (March 23, 2012) (Final Determination). On May 2, 2012, the ITC notified the Department of its affirmative determination that an industry in the United States is VerDate Mar<15>2010 17:18 May 09, 2012 Jkt 226001 Scope of the Order The merchandise covered by this order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails include, but are not limited to, nails made of round wire and nails that are cut. Certain steel nails may be of one piece construction or constructed of two or more pieces. Certain steel nails may be produced from any type of steel, and have a variety of finishes, heads, shanks, point types, shaft lengths and shaft diameters. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, whether by electroplating or hot-dipping one or more times), phosphate cement, and paint. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted shank styles. Screw-threaded nails subject to this order are driven using direct force and not by turning the fastener using a tool that engages with the head. Point styles include, but are not limited to, diamond, blunt, needle, chisel and no point. Certain steel nails may be sold in bulk, or they may be collated into strips or coils using materials such as plastic, paper, or wire. Certain steel nails subject to this order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55, 7317.00.65, and 7317.00.75. Excluded from the scope of this order are steel nails specifically enumerated and identified in ASTM Standard F 1667 (2011 revision) as Type I, Style 20 nails, whether collated or in bulk, and whether or not galvanized. Also excluded from the scope of this order are the following products: • Non-collated (i.e., hand-drive or bulk), two-piece steel nails having plastic or steel washers (‘‘caps’’) already assembled to the nail, having a bright or galvanized finish, a ring, fluted or spiral shank, an actual length of 0.500″ to 8″, inclusive; an actual shank diameter of 0.1015″ to 0.166″, inclusive; and an actual washer or cap diameter of 0.900″ to 1.10″, inclusive; PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 27421 • Non-collated (i.e., hand-drive or bulk), steel nails having a bright or galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500″ to 4″, inclusive; an actual shank diameter of 0.1015″ to 0.166″, inclusive; and an actual head diameter of 0.3375″ to 0.500″, inclusive; • Wire collated steel nails, in coils, having a galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500″ to 1.75″, inclusive; an actual shank diameter of 0.116″ to 0.166″, inclusive; and an actual head diameter of 0.3375″ to 0.500″, inclusive; • non-collated (i.e., hand-drive or bulk), steel nails having a convex head (commonly known as an umbrella head), a smooth or spiral shank, a galvanized finish, an actual length of 1.75″ to 3″, inclusive; an actual shank diameter of 0.131″ to 0.152″, inclusive; and an actual head diameter of 0.450″ to 0.813″, inclusive; • Corrugated nails. A corrugated nail is made of a small strip of corrugated steel with sharp points on one side; • Thumb tacks, which are currently classified under HTSUS 7317.00.10.00; • Fasteners suitable for use in powder-actuated hand tools, not threaded and threaded, which are currently classified under HTSUS 7317.00.20 and 7317.00.30; • Certain steel nails that are equal to or less than 0.0720 inches in shank diameter, round or rectangular in cross section, between 0.375 inches and 2.5 inches in length, and that are collated with adhesive or polyester film tape backed with a heat seal adhesive; and • Fasteners having a case hardness greater than or equal to 50 HRC, a carbon content greater than or equal to 0.5 percent, a round head, a secondary reduced-diameter raised head section, a centered shank, and a smooth symmetrical point, suitable for use in gas-actuated hand tools. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Amendment to the Final Determination On March 23, 2012, the Department published its affirmative final determination in this proceeding. See Final Determination. On March 26, 2012, the respondents in the investigation, Dubai Wire FZE and Precision Fasteners LLC, 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 March 30, 2012, the petitioner in this proceeding, Mid Continent Nail Corporation, filed E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27419-27421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11223]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-848]


Certain Stilbenic Optical Brightening Agents From Taiwan: 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 Taiwan. In 
addition, the Department is amending its final determination to correct 
a ministerial error.

FOR FURTHER INFORMATION CONTACT: Sandra Stewart or Minoo Hatten, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0768 
or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), on March 23, 2012, the Department 
published the final determination of sales at less than fair value in 
the antidumping duty investigation of stilbenic OBAs from Taiwan.\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 
Taiwan: Final Determination of Sales at Less Than Fair Value, 77 FR 
17027 (March 23, 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

[[Page 27420]]

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 23, 2012, the Department published its affirmative final 
determination in this proceeding.\5\ On March 27, 2012, Clariant 
Corporation (the petitioner), submitted a timely ministerial error 
allegation and requested that the Department correct the alleged 
ministerial error in the dumping margin calculation. The respondent, 
Teh Fong Min International Co., Ltd. (TFM) did not submit a ministerial 
error allegation or rebuttal comments.
---------------------------------------------------------------------------

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

    After analyzing the petitioner's comments, 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 calculation for the Final 
Determination with respect to TFM. Specifically, we did not use TFM's 
revised U.S. sales database for our dumping margin calculation. For a 
detailed discussion of the alleged ministerial error, 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, 
entitled, ``Ministerial Error Allegation in the Final Determination of 
the Antidumping Duty Investigation of Certain Stilbenic Optical 
Brightening Agents from Taiwan: Teh Fong Min International Co., Ltd.,'' 
dated April 23, 2012.\6\
---------------------------------------------------------------------------

    \6\ See also Memorandum to the file entitled, ``Allegation of 
Ministerial Error in the Antidumping Duty Investigation of Certain 
Stilbenic Optical Brightening Agents from Taiwan: Analysis 
Memorandum for Teh Fong Min International Co., Ltd. With Respect to 
the Ministerial Error in the Final Determination,'' dated April 23, 
2012.
---------------------------------------------------------------------------

    In the Final Determination, pursuant to section 735(c)(5)(A) of the 
Act, we determined the estimated all others rate to be equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated. 
Because TFM is the only respondent in this investigation for which the 
Department calculated a company-specific rate, we determined the all 
others rate to be the weighted-average dumping margin calculated for 
TFM.\7\ Because the weighted-average dumping margin for TFM changed as 
a result of the aforementioned ministerial error, we have amended the 
all others rate accordingly. The amended weighted-average dumping 
margins are provided below.
---------------------------------------------------------------------------

    \7\ See Final Determination.
---------------------------------------------------------------------------

Antidumping Duty Order

    As stated 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 Taiwan. Because the ITC determined that imports 
of stilbenic OBAs from Taiwan are materially injuring a U.S. industry, 
all unliquidated entries of such merchandise from Taiwan, 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 Taiwan. 
These antidumping duties will be assessed on unliquidated entries from 
Taiwan entered, or withdrawn from warehouse, for consumption on or 
after November 3, 2011, the date on which the Department published its 
preliminary determination,\8\ 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.
---------------------------------------------------------------------------

    \8\ 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 
68154 (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 on all entries of 
stilbenic OBAs from Taiwan. 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 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 listed below. 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 Taiwan, 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\ Id.
    \10\ Id.
---------------------------------------------------------------------------

    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 Taiwan 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-
                                                                average
                    Manufacturer/Exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Teh Fong Min International Co., Ltd.........................        6.19
All Others..................................................        6.19
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
stilbenic OBAs from Taiwan pursuant to section 736(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 7043 of the main Commerce building, for copies of

[[Page 27421]]

an updated list of antidumping duty orders currently in effect.
    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. 2012-11223 Filed 5-9-12; 8:45 am]
BILLING CODE 3510-DS-P