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]
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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
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17:18 May 09, 2012
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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
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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.
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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
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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).
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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.
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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
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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;
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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
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]]>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.
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\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).
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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.
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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
