Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019, 27361-27362 [2020-09907]

Download as PDF Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices Dated: May 4, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2020–09905 Filed 5–7–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–848] Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Teh Fong Min International Co., Ltd. (TFM), the sole producer and/or exporter subject to this administrative review, made sales of subject merchandise at less than normal value. Interested parties are invited to comment on the preliminary results of this review. DATES: Applicable May 8, 2020. FOR FURTHER INFORMATION CONTACT: Bryan Hansen, 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) 482–3683. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 15, 2019, Commerce initiated the administrative review of the antidumping duty order on stilbenic optical brightening agents (OBAs) from Taiwan.1 The period of review is May 1, 2018 through April 30, 2019. On January 14, 2020, we extended the due date for the preliminary results of this review from January 31, 2020 to May 22, 2020. On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 33739, 33743 (July 15, 2019) (Initiation Notice). VerDate Sep<11>2014 17:46 May 07, 2020 Jkt 250001 27361 thereby extending the deadline for these results until July 13, 2020.2 Decision Memorandum are identical in content. Scope of the Order The merchandise subject to the Order 3 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.4 Preliminary Results of the Administrative Review We preliminarily determine that the following weighted-average dumping margins exist for TFM for the period May 1, 2018 through April 30, 2019: Methodology Commerce is conducting this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are 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 the Preliminary Decision Memorandum. A list of the topics included in the Preliminary Decision Memorandum is included in the Appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public 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. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/ index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Disclosure and Public Comment We intend to disclose the calculations performed for these preliminary results to the parties within five days after public announcement of the preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case 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 seven 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 brief summary of the argument, and (3) a table of authorities.6 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until May 19, 2020, unless extended.7 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, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, no later than 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.8 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. Commerce intends to issue the final 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. Commerce’s practice dictates that, where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). We note that 50 days after May 22, 2020 is July 11, 2020. However, because that date is a Saturday, the current deadline is Monday, July 13, 2020. 3 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). 4 See ‘‘Certain Stilbenic Optical Brightening Agents from Taiwan: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2018–2019,’’ dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Producer/exporter Teh Fong Min International Co., Ltd ........................................... 5 See Weightedaverage dumping margin (percent) 4.61 19 CFR 351.309(d). 19 CFR 351.309(c)(2) and (d)(2). 7 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020). 8 See 19 CFR 351.310(c). 6 See E:\FR\FM\08MYN1.SGM 08MYN1 27362 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Notices 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. Assessment Rates If TFM’s weighted-average dumping margin is above de minimis in the final results of this review, we will calculate an importer-specific assessment rate based on the ratio of the total amount of dumping 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 weightedaverage dumping margin or an importerspecific assessment rate is zero or de minimis in the final results of review, we will instruct U.S. Customs and Border Protection (CBP) to liquidate the appropriate entries without regard to antidumping duties in accordance with the Final Modification for Reviews.10 The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise under review and for future deposits of estimated duties, where applicable. For entries of subject merchandise during the period of review 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 allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements for estimated antidumping duties will be effective upon publication of the notice of final results of this 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 companies subject to this review will be equal to the weighted-average dumping margins established in the final results of the review; (2) for merchandise exported by companies not covered in this review but covered in a prior segment of this 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, then the cash deposit rate will be the rate established for the most recently completed 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, the allothers rate established in the less-thanfair-value investigation, adjusted for the export-subsidy rate in the companion countervailing duty investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 period of review. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties Commerce is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4). Dated: May 4, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2020–09907 Filed 5–7–20; 8:45 am] 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 8103; see also 19 CFR 351.106(c)(2). VerDate Sep<11>2014 17:46 May 07, 2020 Jkt 250001 BILLING CODE 3510–DS–P PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–580–836] Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 18, 2019, the Department of Commerce (Commerce) published the preliminary results of the administrative review of the antidumping duty order on certain cutto-length carbon-quality steel plate products (CTL plate) from the Republic of Korea (Korea). Based on our analysis of the comments received, we continue to find that subject merchandise has been sold at less than normal value. DATES: Applicable May 8, 2020. FOR FURTHER INFORMATION CONTACT: Allison Hollander or Michael A. 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) 482–2805 or (202) 482–0198, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 18, 2019, Commerce published the Preliminary Results of this administrative review.1 The period of review (POR) is February 1, 2018 through January 31, 2019. We invited interested parties to comment on the Preliminary Results and received case and rebuttal briefs from interested parties.2 Commerce exercised its discretion to toll all deadlines affected by the partial 1 See Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018–2019, 84 FR 69360 (December 18, 2019) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Dongkuk Steel Mill Co., Ltd.’s (Dongkuk’s) Case Brief, ‘‘Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea: Case Brief,’’ dated January 17, 2020; Hyundai Steel Company’s (Hyundai Steel’s) Case Brief, ‘‘Certain Cut-to-Length Carbon-Quality Steel Plate from Korea: Case Brief,’’ dated January 17, 2020; and Nucor Corporation’s (the petitioner’s) Case Brief, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea: Case Brief,’’ dated January 17, 2020; see also Petitioner’s Rebuttal Brief ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea: Rebuttal Brief,’’ dated January 27, 2020; and Dongkuk’s Rebuttal Brief, ‘‘Certain Cut-to-Length Carbon-Quality Steel Plate from the Republic of Korea: Rebuttal Brief,’’ dated January 27, 2020. E:\FR\FM\08MYN1.SGM 08MYN1

Agencies

[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Pages 27361-27362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09907]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-848]


Stilbenic Optical Brightening Agents From Taiwan: Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Teh Fong Min International Co., Ltd. (TFM), the sole producer and/
or exporter subject to this administrative review, made sales of 
subject merchandise at less than normal value. Interested parties are 
invited to comment on the preliminary results of this review.

DATES: Applicable May 8, 2020.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen, 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) 482-3683.

SUPPLEMENTARY INFORMATION: 

Background

    On July 15, 2019, Commerce initiated the administrative review of 
the antidumping duty order on stilbenic optical brightening agents 
(OBAs) from Taiwan.\1\ The period of review is May 1, 2018 through 
April 30, 2019.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 33739, 33743 (July 15, 2019) 
(Initiation Notice).
---------------------------------------------------------------------------

    On January 14, 2020, we extended the due date for the preliminary 
results of this review from January 31, 2020 to May 22, 2020. On April 
24, 2020, Commerce tolled all deadlines in administrative reviews by 50 
days, thereby extending the deadline for these results until July 13, 
2020.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020. 
Commerce's practice dictates that, where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005). We note that 50 days after May 22, 2020 is July 11, 2020. 
However, because that date is a Saturday, the current deadline is 
Monday, July 13, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order \3\ 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.\4\
---------------------------------------------------------------------------

    \3\ 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).
    \4\ See ``Certain Stilbenic Optical Brightening Agents from 
Taiwan: Decision Memorandum for Preliminary Results of Antidumping 
Duty Administrative Review; 2018-2019,'' dated concurrently with and 
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act). Export price and 
constructed export price are 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 the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included in 
the Appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for TFM for the period May 1, 2018 through April 
30, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Teh Fong Min International Co., Ltd........................        4.61
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case 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 seven 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 brief summary of the argument, and 
(3) a table of authorities.\6\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until May 19, 2020, unless 
extended.\7\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020).
---------------------------------------------------------------------------

    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, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, no 
later than 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\8\ 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. Commerce 
intends to issue the final

[[Page 27362]]

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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

    If TFM's weighted-average dumping margin is above de minimis in the 
final results of this review, we will calculate an importer-specific 
assessment rate based on the ratio of the total amount of dumping 
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 or an importer-specific assessment rate 
is zero or de minimis in the final results of review, we will instruct 
U.S. Customs and Border Protection (CBP) to liquidate the appropriate 
entries without regard to antidumping duties in accordance with the 
Final Modification for Reviews.\10\ The final results of this 
administrative review shall be the basis for the assessment of 
antidumping duties on entries of merchandise under review and for 
future deposits of estimated duties, where applicable.
---------------------------------------------------------------------------

    \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 8103; see also 
19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries of subject merchandise during the period of review 
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 liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of this 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 companies subject to this review will be equal to the 
weighted-average dumping margins established in the final results of 
the review; (2) for merchandise exported by companies not covered in 
this review but covered in a prior segment of this 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, then the cash deposit rate will be the rate established 
for the most recently completed 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, the all-others rate 
established in the less-than-fair-value investigation, adjusted for the 
export-subsidy rate in the companion countervailing duty investigation. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

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 period of review. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).

    Dated: May 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2020-09907 Filed 5-7-20; 8:45 am]
BILLING CODE 3510-DS-P