Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2016-2017, 49360-49361 [2018-21325]

Download as PDF 49360 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices NME entity, Commerce will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) on Enforcement and Compliance’s ACCESS website at https://access.trade.gov.5 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request. Commerce will publish in the Federal Register a notice of ‘‘Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation’’ for requests received by the last day of October 2018. If Commerce does not receive, by the last day of October 2018, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, Commerce will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period of the order, if such a gap period is applicable to the period of review. This notice is not required by statute but is published as a service to the international trading community. amozie on DSK3GDR082PROD with NOTICES Dated: September 25, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018–21296 Filed 9–28–18; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–583–848] Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Teh Fong Ming International Co., Ltd. (TFM) has made sales of subject merchandise at less than normal value during the period of review (POR), May 1, 2016, through April 30, 2017. DATES: Applicable October 1, 2018. FOR FURTHER INFORMATION CONTACT: Michael Romani, 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) 482–0198. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 11, 2018, Commerce published the Preliminary Results of the administrative review of the antidumping duty order on stilbenic optical brightening agents (OBAs from Taiwan.1 The administrative review covers one producer/exporter of the subject merchandise, TFM. We gave interested parties an opportunity to comment on the Preliminary Results but received none. Hence, these final results are unchanged from the Preliminary Results. Commerce conducted this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 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] 2 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 BILLING CODE 3510–DS–P 1 See 5 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). VerDate Sep<11>2014 17:50 Sep 28, 2018 Jkt 247001 Certain Stilbenic Optical Brightening Agents from Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 26950 (June 11, 2018) (Preliminary Results). 2 The brackets in this sentence are part of the chemical formula. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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] 3 amino-2,2’stilbenedisulfonic acid, C40H40N12O8S2 (‘‘Fluorescent Brightener 71’’). This order covers the above-described compounds in any state (including but not limited to powder, slurry, or solution), of any concentrations of active stilbenic OBA ingredient, as well as any compositions regardless of additives (i.e., mixtures or blends, whether of stilbenic OBAs with each other, or of stilbenic OBAs with additives that are not stilbenic OBAs), and in any type of packaging. These stilbenic OBAs are classifiable under subheading 3204.20.8000 of the Harmonized Tariff Schedule of the United States (HTSUS), but they may also enter under subheadings 2933.69.6050, 2921.59.4000 and 2921.59.8090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Final Results of the Administrative Review We determine that the following weighted-average dumping margin exists for the period of May 1, 2016, through April 30, 2017. Producer/exporter Teh Fong Ming International Co., Ltd ............................. Weightedaverage dumping margin (percent) 1.31 Assessment Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. We calculated an importer-specific assessment rate 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).4 3 Id. 4 In these final results, Commerce 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). E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices 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 involved in the transaction. We intend to issue assessment 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 stilbenic 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 1.31 percent, the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review 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 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 producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 6.19 percent, the all-others rate established in the investigation.5 These cash deposit requirements, when imposed, shall remain in effect until further notice. amozie on DSK3GDR082PROD with NOTICES 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 that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 5 See Certain Stilbenic Optical Brightening Agents from Taiwan: Final Determination of Sales at Less Than Fair Value, 77 FR 17027 (March 23, 2012). VerDate Sep<11>2014 17:50 Sep 28, 2018 Jkt 247001 Notification Regarding 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 violation subject to sanction. We are issuing and publishing these results of an administrative review in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: September 25, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–21325 Filed 9–28–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–836] Glycine From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of the Antidumping Duty Administrative Review and Notice of Amended Final Results; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 7, 2018, the Court of International Trade (CIT or Court) sustained the final results of remand redetermination pertaining to the administrative review of the antidumping duty order on glycine from the People’s Republic of China (China), covering the period of March 1, 2013, through February 28, 2014. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with Commerce’s final results of the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to the China-wide entity. DATES: Applicable September 17, 2018. FOR FURTHER INFORMATION CONTACT: Edythe Artman or Brian Davis, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 49361 Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3931 or (202) 482–7924, respectively. SUPPLEMENTARY INFORMATION: Background In the underlying 2013/2014 administrative review, Commerce rescinded its review with respect to Evonik Rexim (Nanning) Pharmaceutical Co., Ltd., (Evonik), finding Evonik’s sales of subject merchandise to be not bona fide.1 Accordingly, Commerce determined that Evonik’s entries during the period of review would be subject to the rate for the China-wide entity in effect at the time of entry, which at that point in time was 453.79 percent.2 This rate was established as the China-wide rate in Final Results 12–13.3 The rate of 453.79 percent was originally calculated in Final Results 10–11 for respondent Baoding Mantong Fine Chemistry Co., Ltd. (Baoding Mantong).4 Baoding Mantong challenged that rate in Baoding Mantong Fine Chemistry Co., Ltd. v. United States, Consol. Ct. No. 12–00362. In that separate proceeding, this Court twice remanded the calculation of the rate to Commerce, sustaining Commerce’s second remand redetermination, which reduced Baoding Mantong’s calculated margin to 0.00 percent for the Final Results 10– 11.5 Because Final Results 10–11 was under judicial review at the commencement of its action before the Court, Evonik challenged Commerce’s application of the rate of 453.79 percent to the China-wide entity 6 in its action 1 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2013– 2014, 80 FR 62,027 (October 15, 2015) (Final Results 13–14) and accompanying Issues and Decision Memorandum (Issues and Decision Memorandum) at Comment 5. 2 See Final Results 13–14 at 62,028. 3 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012–2013, 79 FR 64,746, 64,748 (October 31, 2014) (Final Results 12–13). 4 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 77 FR 64,100, 64,101 (October 18, 2012) (Final Results 10–11). 5 See Baoding Mantong Fine Chemistry Co. Ltd., Slip. Op. 17–169, 279 F. Supp. 3d 1321 (Ct. Int’l Trade Dec. 20, 2017) (Baoding Mantong). In an earlier decision, Baoding Mantong Fine Chemistry Co. Ltd., 41 CIT ___, 222 F. Supp. 3d. 1231 (Ct. Int’l Trade 2017), the Court sustained an initial revision by Commerce of Baoding Mantong’s rate to 64.97 percent. 6 See Issues and Decision Memorandum at Comment 6. E:\FR\FM\01OCN1.SGM 01OCN1

Agencies

[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49360-49361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21325]


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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; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Teh Fong 
Ming International Co., Ltd. (TFM) has made sales of subject 
merchandise at less than normal value during the period of review 
(POR), May 1, 2016, through April 30, 2017.

DATES: Applicable October 1, 2018.

FOR FURTHER INFORMATION CONTACT: Michael Romani, 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) 482-0198.

SUPPLEMENTARY INFORMATION: 

Background

    On June 11, 2018, Commerce published the Preliminary Results of the 
administrative review of the antidumping duty order on stilbenic 
optical brightening agents (OBAs from Taiwan.\1\ The administrative 
review covers one producer/exporter of the subject merchandise, TFM. We 
gave interested parties an opportunity to comment on the Preliminary 
Results but received none. Hence, these final results are unchanged 
from the Preliminary Results. Commerce conducted this review in 
accordance with sections 751(a)(1)(B) and (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; 2016-2017, 83 FR 26950 (June 11, 2018) (Preliminary 
Results).
---------------------------------------------------------------------------

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] \2\ 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.
---------------------------------------------------------------------------

    \2\ 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] \3\ 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.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

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

Final Results of the Administrative Review

    We determine that the following weighted-average dumping margin 
exists for the period of May 1, 2016, through April 30, 2017.

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
------------------------------------------------------------------------
Teh Fong Ming International Co., Ltd...................            1.31
------------------------------------------------------------------------

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. We calculated an 
importer-specific assessment rate 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).\4\
---------------------------------------------------------------------------

    \4\ In these final results, Commerce 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).

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[[Page 49361]]

    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 
involved in the transaction. We intend to issue assessment 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 stilbenic 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 1.31 percent, the weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by producers or exporters not covered in this 
administrative review 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 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 producer is, the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 6.19 percent, the all-others rate 
established in the investigation.\5\
---------------------------------------------------------------------------

    \5\ See Certain Stilbenic Optical Brightening Agents from 
Taiwan: Final Determination of Sales at Less Than Fair Value, 77 FR 
17027 (March 23, 2012).
---------------------------------------------------------------------------

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

Notification Regarding 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 violation subject 
to sanction.
    We are issuing and publishing these results of an administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act and 
19 CFR 351.221(b)(5).

    Dated: September 25, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-21325 Filed 9-28-18; 8:45 am]
 BILLING CODE 3510-DS-P