Certain Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 9292-9293 [2019-04749]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Pages 9292-9293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04749]


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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; 2017-
2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Teh Fong Min International Co., Ltd. (TFM), the sole producer and/or 
exporter subject to this administrative review, has made sales of 
subject merchandise at less than normal value. The period of review 
(POR) is May 1, 2017, through April 30, 2018. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable March 14, 2019.

FOR FURTHER INFORMATION CONTACT: Andre Gziryan 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) 482-2201, and (202) 482-
1690, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on certain stilbenic optical brightening agents (OBAs) from 
Taiwan. The POR is May 1, 2017, through April 30, 2018. Commerce 
exercised its discretion to toll all deadlines affected by the partial 
federal government closure from December 22, 2018, through the 
resumption of operations on January 29, 2019.\1\ If the new deadline 
falls on a non-business day, in accordance with Commerce's practice, 
the deadline will become the next business day. Accordingly, the 
revised deadline for the preliminary results is now March 12, 2019.
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    \1\ See memorandum to the record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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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 is dispositive. A 
full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.\3\
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    \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\ See ``Certain Stilbenic Optical Brightening Agents from 
Taiwan: Decision Memorandum for Preliminary Results of Antidumping 
Duty Administrative Review; 2017-2018,'' dated concurrently with and 
hereby adopted by this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 751 
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. 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

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for TFM for the period 
May 1, 2017, through April 30, 2018.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Teh Fong Min International Co., Ltd........................       19.82
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[[Page 9293]]

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the 
preliminary results.\4\
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    \4\ See 19 CFR 351.224(b).
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Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(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.\5\ 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 summary of the argument; and (3) a table 
of authorities.\6\
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    \5\ See 19 CFR 351.309(d).
    \6\ 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 hearing 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.\7\ 
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. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
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    \7\ See 19 CFR 351.310(c).
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    Commerce 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, Commerce shall determine and 
U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries covered by this review.\8\ 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).\9\ 
If TFM's weighted-average dumping margin is 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.\10\
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    \8\ See 19 CFR 351.212(b).
    \9\ In these preliminary 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) (Final Modification for 
Reviews).
    \10\ See Final Modification for Reviews, 77 FR at 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 producers or exporters not covered in this 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 
recent period; (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 
recent segment for the producer of the merchandise; (4) the cash 
deposit rate for all other producers or exporters will continue to be 
6.19 percent.\11\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \11\ 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 351.221(b)(4).

    Dated: March 6, 2019.
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.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
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
    Export Price and Constructed Export Price
    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. 2019-04749 Filed 3-13-19; 8:45 am]
 BILLING CODE 3510-DS-P