Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2013-2014, 61368-61369 [2015-25966]

Download as PDF 61368 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices 19. U.S. Credit Expenses 20. U.S. Indirect Selling Expenses 21. Affiliated Party Purchases 22. G&A Expenses 23. Production Costs of the Pohang Plant 24. Financial Expenses Scope of the Order The merchandise subject to the Order 2 is OBAs and is currently classifiable under subheadings 3204.20.8000, 2933.69.6050, 2921.59.4000 and 2921.59.8090 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive.3 [FR Doc. 2015–25980 Filed 10–9–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–848] Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 5, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain stilbenic optical brightening agents (OBAs) from Taiwan.1 The period of review (POR) is May 1, 2013, through April 30, 2014. The review covers one producer/exporter of the subject merchandise, Teh Fong Ming International Co., Ltd. (TFM). For the final results, we find that TFM has not sold subject merchandise at less than normal value. AGENCY: DATES: Effective Date: October 13, 2015. FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1757, and (202) 482–1690, respectively. mstockstill on DSK4VPTVN1PROD with NOTICES Background On June 5, 2015, the Department published the Preliminary Results of this review in the Federal Register. We invited parties to comment on the Preliminary Results. On July 20, 2015, TFM submitted a case brief. No other party submitted case or rebuttal briefs. No party requested a hearing. The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). 1 See Certain Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2013–2104, 80 FR 32085 (June 5, 2015) (Preliminary Results). 21:23 Oct 09, 2015 Jkt 238001 Changes Since the Preliminary Results Based on our analysis of the comments received, we made certain changes to the Preliminary Results. For a discussion of these changes, see Issues and Decision Memorandum. Final Results of Review As a result of this review, we determine that a weighted-average dumping margin of 0.00 percent exists for TFM for the period May 1, 2013, through April 30, 2014. Assessment In accordance with 19 CFR 351.212 and the Final Modification,4 the SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 Analysis of the Comments Received All issues raised in the case brief submitted in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted with this notice. A list of the issues raised is attached as an Appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. 2 See Certain Stilbenic Optical Brightening Agents From Taiwan: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 77 FR 27419 (May 10, 2012) (Order). 3 A full description of the scope of the Order is contained in the memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Certain Stilbenic Optical Brightening Agents from Taiwan: Issues and Decision Memorandum for Final Results of Antidumping Duty Administrative Review; 2013– 2014’’ dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). 4 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 Department will instruct U.S. Customs and Border Protection (CBP) to liquidate all appropriate entries for TFM without regard to antidumping duties. Consistent with the Department’s assessment practice, for entries of subject merchandise during the POR produced by TFM for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.5 We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of OBAs from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for TFM will be 0.00 percent, the weighted average dumping margin established in the final results of this administrative review; (2) for other manufacturers and exporters covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 6.19 percent, the all-others rate established in the less than fair value investigation.6 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification). 5 For a full discussion, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 6 The all-others rate established in the Order. E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: CEP Offset Comment 2: Cost Assigned to Merchandise Sold but Not Produced During the POR Recommendation [FR Doc. 2015–25966 Filed 10–9–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–602] Brass Sheet and Strip From Germany: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013– 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Petitioners,1 the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on brass sheet and strip from Germany. The period of review (POR) is March 1, 2013, through February 28, 2014.2 The mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: 1 The Petitioners are GBC Metals, LLC of Global Brass and Copper, Inc., dba Olin Brass, Heyco Metals, Inc., Aurubis Buffalo, Inc. PMX Industries, Inc. and Revere Copper Products, Inc. 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and VerDate Sep<11>2014 21:23 Oct 09, 2015 Jkt 238001 review covers ten producers or exporters of subject merchandise.3 We find that three of the producers or exporters for which the Department initiated a review, Schwermetall, ThyssenKrupp, and Wieland, had no shipments during the POR. Further, we find that subject merchandise has been sold at less than normal value by seven of the companies subject to this review.4 Based on our analysis of the comments and information received, these final results remain unchanged from the Preliminary Results.5 For the final weighted-average dumping margin, see the ‘‘Final Results of Review’’ section below. DATES: Effective Date: October 13, 2015. FOR FURTHER INFORMATION CONTACT: George McMahon or Eric Greynolds, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1167 or (202) 482–6071, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the antidumping duty order is brass sheet and strip, other than leaded brass and tin brass sheet and strip, from Germany, which is currently classified under subheading 7409.21.00.50, 7409.21.00.75, 7409.21.00.90, 7409.29.00.50, 7409.29.00.75, and Request for Revocation in Part, 79 FR 24398 (April 30, 2014) (Initiation). 3 The ten producers or exporters include: Aurubis Stolberg GmbH & Co. KG, Carl Schreiber GmbH, KME Germany AG & Co. KG, Messingwerk Plettenberg Herfeld GmbH & Co. KG (Messingwerk), MKM Mansfelder Kupfer & Messing GmbH, Schlenk Metallfolien GmbH & Co. KG, Schwermetall Halbzeugwerk GmbH & Co. KG (Schwermetall), Sundwiger Messingwerke GmbH & Co. KG, ThyssenKrupp VDM GmbH (ThyssenKrupp), and Wieland-Werke AG (Wieland). 4 The seven companies include Aurubis Stolberg GmbH & Co. KG, Carl Schreiber GmbH, KME Germany AG & Co. KG, Messingwerk, MKM Mansfelder Kupfer & Messing GmbH, Schlenk Metallfolien GmbH & Co. KG, and Sundwiger Messingwerke GmbH & Co. KG. 5 See Brass Sheet and Strip from Germany: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2013–2014, 80 FR 18357 (April 6, 2015) (Preliminary Results), and accompanying ‘‘Preliminary Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review: Brass Sheet and Strip from Germany; 2013–2014’’ from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated March 31, 2015 (Preliminary Decision Memorandum). The three producers or exporters which we determine had no shipments are Schwermetall, ThyssenKrupp, and Wieland. PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 61369 7409.29.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive.6 Methodology In accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we relied on facts available with an adverse inference with respect to Messingwerk, the sole company selected for individual examination in this review. Thus, we are assigning a rate of 55.60 percent as the dumping margin for Messingwerk.7 In making these findings, we relied on facts available because Messingwerk failed to respond to the Department’s antidumping duty questionnaire, and thus withheld requested information, failed to provide requested information by the established deadlines, and significantly impeded this proceeding. See sections 776(a)(1) and (2)(A)–(C) of the Act. Furthermore, because we determine that Messingwerk failed to cooperate by not acting to the best of its ability to comply with the Department’s requests for information, we drew an adverse inference in selecting from among the facts otherwise available. See section 776(b) of the Act. Additionally, as indicated in the ‘‘Final Results of Review’’ section below, we determine that a margin of 22.61 percent applies to the six firms not selected for individual review. We have determined to base the dumping margin for the six companies not selected for individual examination in this review on an average of the range of certain dumping margins contained in the underlying Petition.8 For further information, see the Preliminary Decision Memorandum 9 at the section titled, ‘‘Rate for Non-Examined Companies.’’ For a full description of the methodology underlying our 6 For a full description of the scope of the order, see the ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review: Brass Sheet and Strip from Germany; 2013–2014’’ from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this notice (Issues and Decision Memorandum). 7 For a full description of the Department’s selection of the 55.60 percent adverse facts available dumping margin, see Issues and Decision Memorandum. 8 See Brass Sheet and Strip From The Federal Republic of Germany; Initiation of Antidumping Duty Investigation, 51 FR 11774 (April 7, 1986). 9 See the Preliminary Decision Memorandum. E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61368-61369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25966]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-848]


Certain Stilbenic Optical Brightening Agents From Taiwan: Final 
Results of Antidumping Duty Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 5, 2015, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain stilbenic optical brightening agents 
(OBAs) from Taiwan.\1\ The period of review (POR) is May 1, 2013, 
through April 30, 2014. The review covers one producer/exporter of the 
subject merchandise, Teh Fong Ming International Co., Ltd. (TFM). For 
the final results, we find that TFM has not sold subject merchandise at 
less than normal value.
---------------------------------------------------------------------------

    \1\ See Certain Stilbenic Optical Brightening Agents From 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review; 2013-2104, 80 FR 32085 (June 5, 2015) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: October 13, 2015.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1757, and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 5, 2015, the Department published the Preliminary Results 
of this review in the Federal Register. We invited parties to comment 
on the Preliminary Results. On July 20, 2015, TFM submitted a case 
brief. No other party submitted case or rebuttal briefs. No party 
requested a hearing. The Department conducted this review in accordance 
with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the Order \2\ is OBAs and is currently 
classifiable under subheadings 3204.20.8000, 2933.69.6050, 2921.59.4000 
and 2921.59.8090 of the Harmonized Tariff Schedule of the United States 
(HTSUS). While the HTSUS numbers are provided for convenience and 
customs purposes, the written product description remains 
dispositive.\3\
---------------------------------------------------------------------------

    \2\ See Certain Stilbenic Optical Brightening Agents From 
Taiwan: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 77 FR 27419 (May 10, 2012) (Order).
    \3\ A full description of the scope of the Order is contained in 
the memorandum to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Certain Stilbenic 
Optical Brightening Agents from Taiwan: Issues and Decision 
Memorandum for Final Results of Antidumping Duty Administrative 
Review; 2013-2014'' dated concurrently with and hereby adopted by 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of the Comments Received

    All issues raised in the case brief submitted in this review are 
addressed in the Issues and Decision Memorandum, which is hereby 
adopted with this notice. A list of the issues raised is attached as an 
Appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and it is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the Preliminary Results. For a discussion of these changes, 
see Issues and Decision Memorandum.

Final Results of Review

    As a result of this review, we determine that a weighted-average 
dumping margin of 0.00 percent exists for TFM for the period May 1, 
2013, through April 30, 2014.

Assessment

    In accordance with 19 CFR 351.212 and the Final Modification,\4\ 
the Department will instruct U.S. Customs and Border Protection (CBP) 
to liquidate all appropriate entries for TFM without regard to 
antidumping duties.
---------------------------------------------------------------------------

    \4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification).
---------------------------------------------------------------------------

    Consistent with the Department's assessment practice, for entries 
of subject merchandise during the POR produced by TFM for which it did 
not know that the merchandise was destined for the United States, we 
will instruct CBP to liquidate un-reviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.\5\
---------------------------------------------------------------------------

    \5\ For a full discussion, see Antidumping and Countervailing 
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 
6, 2003).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of OBAs from Taiwan entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2) of the Act: (1) The cash deposit rate for TFM will be 
0.00 percent, the weighted average dumping margin established in the 
final results of this administrative review; (2) for other 
manufacturers and exporters covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the manufacturer of 
subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 6.19 percent, the all-
others rate established in the less than fair value investigation.\6\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \6\ The all-others rate established in the Order.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption

[[Page 61369]]

that reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment 1: CEP Offset
Comment 2: Cost Assigned to Merchandise Sold but Not Produced During 
the POR Recommendation

[FR Doc. 2015-25966 Filed 10-9-15; 8:45 am]
BILLING CODE 3510-DS-P