Certain Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 26060-26061 [2017-11669]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26060-26061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11669]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-848]


Certain Stilbenic Optical Brightening Agents From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain 
stilbenic optical brightening agents (OBAs) from Taiwan. The period of 
review (POR) is May 1, 2015, through April 30, 2016. The review covers 
one producer/exporter of the subject merchandise, Teh Fong Ming 
International Co., Ltd. (TFM). We preliminarily find that TFM has not 
sold subject merchandise at less than normal value. Interested parties 
are invited to comment on these preliminary results.

DATES: Effective June 6, 2017.

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, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1757, and (202) 
482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the Order \1\ 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.\2\
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    \1\ See Certain Stilbenic Optical Brightening Agents from 
Taiwan: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 77 FR 27419 (May 10, 2012) (Order).
    \2\ A full description of the scope of the Order is contained in 
the Memorandum, ``Certain Stilbenic Optical Brightening Agents from 
Taiwan: Decision Memorandum for Preliminary Results of Antidumping 
Duty Administrative Review; 2015-2016,'' dated concurrently with and 
hereby adopted by this notice (Preliminary Decision Memorandum).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 of the Act. 
In addition, the Department has relied on partial adverse facts 
available under sections 776(a) and (b) of the Act. For a full 
description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum. The Preliminary 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 
https://access.trade.gov and to all parties in the Central Records Unit, 
room B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly on the Internet at https://enforcement.trade.gov/frn/. A list of the topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice.

Preliminary Results of Review

    We preliminarily determine that a weighted-average dumping margin 
of 0.00 percent exists for TFM for the period May 1, 2015, through 
April 30, 2016.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the 
preliminary results.\3\
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    \3\ See 19 CFR 351.224(b).
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Public Comment

    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit 
cases briefs not later than 30 days after the date of publication of 
this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\4\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\5\
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    \4\ See 19 CFR 351.309(d).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a

[[Page 26061]]

hearing, or to participate if one is requested, must submit a written 
request to the Assistant Secretary for Enforcement and Compliance. All 
documents must be filed electronically using ACCESS which is available 
to registered users at https://access.trade.gov. An electronically filed 
request must be received successfully in its entirety by ACCESS by 5:00 
p.m. Eastern Time, within 30 days after the date of publication of this 
notice.\6\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs.
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    \6\ See 19 CFR 351.310(c).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon issuance of the final results, the Department shall determine 
and U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries covered by this review. If TFM's 
weighted-average dumping margin is above de minimis in the final 
results of this review, we will calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of antidumping 
duties calculated for each importer's examined sales and the total 
entered value of the sales in accordance with 19 CFR 351.212(b)(1).\7\ 
If TFM's weighted-average dumping margin continues to be zero or de 
minimis in the final results of review, we will instruct CBP not to 
assess duties on any of its entries in accordance with the Final 
Modification for Reviews.\8\
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    \7\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \8\ See Final Modification for Reviews, 77 FR 8102.
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    For entries of subject merchandise during the POR produced by TFM 
for which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.
    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)(C) of the Act: (1) The cash deposit rate for TFM will 
be equal to the weighted-average dumping margin established in the 
final results of this administrative review; (2) for merchandise 
exported by manufacturers or exporters not covered in these reviews but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recent period; (3) if the exporter is not a firm covered in these 
reviews, a prior review, or the original investigation but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 6.19 percent.\9\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \9\ The all-others rate established in the Order.
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Notification to Importers

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

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).

    Dated: May 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Verification
Discussion of the Methodology
    Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    Product Comparisons
    Date of Sale
    Constructed Export Price
    Use of Partial Facts Otherwise Available
    A. Background
    B. Application of Facts Available with an Adverse Inference
    Normal Value
    A. Home Market Viability and Comparison Market
    B. Cost of Production
    C. Level of Trade
    D. Calculation of Normal Value Based on Comparison Market Prices
    E. Calculation of Normal Value Based on Constructed Value
    Currency Conversion
Recommendation

[FR Doc. 2017-11669 Filed 6-5-17; 8:45 am]
BILLING CODE 3510-DS-P