Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2022, 46067-46068 [2024-11599]

Download as PDF Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices make a critical circumstances determination specific to GameChange.23 However, in Zhejiang Native Produce, the U.S. Court of Appeals for the Federal Circuit’s holding was limited to whether Commerce could impute knowledge of dumping when the price of imports complied with a suspension agreement that existed prior to the filing of the petition; there is no such suspension agreement at issue here nor any information that detracts from the record evidence that supports our usual practice.24 Additionally, for the separate rate companies and East Asia, we preliminary determine that critical circumstances do not exist because section 733(e)(1)(A) is not met, as discussed above, and, thus, we do not reach the issue of whether imports were massive for these companies. Regarding the Vietnam-wide entity, as discussed above, we preliminarily find that imports are massive based on total AFA. Lastly, GameChange’s argument again relies on its contention that its imported bearings are not subject merchandise. As noted above, if we were to assume arguendo, that GameChange’s merchandise is not subject to the investigation, then its arguments are inapposite to the issue of whether imports of subject merchandise were massive during a relatively short period of time. khammond on DSKJM1Z7X2PROD with NOTICES Preliminary Affirmative Determination of Critical Circumstances, in Part Based on the criteria and findings discussed above, we preliminarily determine that critical circumstances do not exist with respect to imports of aluminum extrusions from Vietnam produced or exported by East Asia and the non-individually examined separate rate companies that we preliminarily found qualified for a separate rate, and we preliminarily determine that critical circumstances do exist with respect to imports of aluminum extrusions from Vietnam with respect to the Vietnamwide entity. Final Critical Circumstances Determination We will make a final determination concerning critical circumstances in the final LTFV determination, which is currently scheduled for September 19, 2024. 23 See GameChange Allegation at 5 (citing Zhejiang Native Produce, 432 F.3d at 1367). 24 See Zhejiang Native Produce, 432 F.3d at 1367– 68. We also note that, in Zhejiang Native Produce, there was no finding that a case-by-case basis needed to be company-specific rather than specific to the instant investigation. VerDate Sep<11>2014 18:43 May 24, 2024 Jkt 262001 46067 Public Comment DEPARTMENT OF COMMERCE In the Preliminary Determination, Commerce stated that case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance and set a deadline for case briefs or other written comments on non-scope issues as no later than seven days after the date on which the final verification report is issued.25 Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline for case briefs.26 All comments regarding this preliminary critical circumstances determination are subject to the same request for public, executive summaries in case and rebuttal briefs, as noted in the Preliminary Determination.27 International Trade Administration Suspension of Liquidation In accordance with section 733(e)(2)(A) of the Act, for the Vietnamwide entity, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of any unliquidated entries of subject merchandise from Vietnam entered, or withdrawn from warehouse for consumption, on or after February 7, 2024, which is 90 days prior to the date of publication of the Preliminary Determination in the Federal Register. For such entries, CBP shall require a cash deposit equal to the estimated weighted-average dumping margin established in the Preliminary Determination. This suspension of liquidation will remain in effect until further notice. U.S. International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we will notify the ITC of this preliminary determination of critical circumstances. This determination is issued and published pursuant to sections 733(f) and 777(i) of the Act and 19 CFR 351.206(c)(2)(ii). Dated: May 20, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–11531 Filed 5–24–24; 8:45 am] BILLING CODE 3510–DS–P 25 See Preliminary Determination, 89 FR at 38076–77. 26 Id.; see also 19 CFR 351.309(d)(1). 27 See Preliminary Determination, 89 FR at 38076–77 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 [A–583–848] Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain stilbenic optical brightening agents (OBAs) from Taiwan were sold in the United States at less than normal value during the period of review (POR) May 1, 2022, through November 26, 2022. DATES: Applicable May 28, 2024. FOR FURTHER INFORMATION CONTACT: Joshua Weiner, 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) 482–3902. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 2, 2024, Commerce published in the Federal Register the preliminary results of the 2022 administrative review 1 of the antidumping duty order on OBAs from Taiwan.2 We invited interested parties to comment on the Preliminary Results.3 No interested party submitted comments. Accordingly, the final results of review remain unchanged from the Preliminary Results and no decision memorandum accompanies this notice. Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by the Order are OBAs. For a full description of the scope of the Order, see the Preliminary Results.4 Final Results of Review We determine that the following weighted-average dumping margin exists for the POR: 1 See Stilbenic Optical Brightening Agents from Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2022, 89 FR 7361 (February 2, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 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 Preliminary Results, 89 FR at 7361. 4 See Preliminary Results PDM. E:\FR\FM\28MYN1.SGM 28MYN1 46068 Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices Weightedaverage dumping margin (percent) Producer/exporter Teh Fong Min International Co., Ltd ... 1.04 khammond on DSKJM1Z7X2PROD with NOTICES Disclosure Because Commerce received no comments on the Preliminary Results, we have not modified our analysis and no decision memorandum accompanies this Federal Register notice. We are adopting the Preliminary Results as the final results of this review. Consequently, there are no new calculations to disclose in accordance with 19 CFR 351.224(b) for these final results. Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. We intend to instruct CBP to apply the importer-specific ad valorem assessment rates we calculated for the Preliminary Results on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).5 If the importer-specific assessment rate is zero or de minimis, then Commerce will instruct CBP to liquidate such entries without regard to antidumping duties. For entries of subject merchandise during the POR produced by Teh Fong Min International Co., Ltd., for which it did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate (i.e., 6.19 percent) 6 if there is no rate for the intermediate company(ies) involved in the transaction. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). 5 See 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). 6 See Order, 77 FR at 27420. VerDate Sep<11>2014 18:43 May 24, 2024 Jkt 262001 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 Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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 which is subject to sanction. Notification to Interested Parties Commerce is issuing and publishing the final results of this review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 351.221(b)(5). Dated: May 20, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–11599 Filed 5–24–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Generic Clearance for Customer Service-Related Data Collections National Institute of Standards and Technology (NIST), Commerce. ACTION: Notice of Information Collection, request for comment. AGENCY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and SUMMARY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before July 29, 2024. ADDRESSES: Interested persons are invited to submit written comments by mail to Maureen O’Reilly, Management Analyst, NIST at PRANIST@nist.gov. Please reference OMB Control Number 0693–0031 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection activities should be directed to Maureen O’Reilly, Management Analyst, NIST, 100 Bureau Drive, Gaithersburg, MD 20899, (301) 975–3189 or maureen.oreilly@nist.gov. SUPPLEMENTARY INFORMATION: I. Abstract In accordance with Executive Order 12862, the National Institute of Standards and Technology (NIST), a non-regulatory agency of the Department of Commerce, proposes to conduct a number of individual information collections that are both quantitative and qualitative. The information collections will be designed to determine the type and quality of the products, services, and information our key customers want and expect, as well as their satisfaction with and awareness of existing products, services, and information. In addition, NIST proposes other customer service satisfaction data collections that include, but may not be limited to focus groups, reply cards that accompany product distributions, and Web-based surveys and dialog boxes that offer customers the opportunity to express their level of satisfaction with NIST products, services, and information and for ongoing dialogue with NIST. NIST will limit its inquiries to data collections that solicit voluntary options and will not collect information that is required or regulated. No assurances of confidentiality will be given. However, it will be completely optional for survey participants to provide their name or affiliation information if they wish to provide comments for which they elect to receive a response. E:\FR\FM\28MYN1.SGM 28MYN1

Agencies

[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46067-46068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11599]


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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; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain stilbenic optical brightening agents (OBAs) from Taiwan were 
sold in the United States at less than normal value during the period 
of review (POR) May 1, 2022, through November 26, 2022.

DATES: Applicable May 28, 2024.

FOR FURTHER INFORMATION CONTACT: Joshua Weiner, 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) 482-3902.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 2024, Commerce published in the Federal Register the 
preliminary results of the 2022 administrative review \1\ of the 
antidumping duty order on OBAs from Taiwan.\2\ We invited interested 
parties to comment on the Preliminary Results.\3\ No interested party 
submitted comments. Accordingly, the final results of review remain 
unchanged from the Preliminary Results and no decision memorandum 
accompanies this notice. Commerce conducted this review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Stilbenic Optical Brightening Agents from Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review; 2022, 
89 FR 7361 (February 2, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \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 Preliminary Results, 89 FR at 7361.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are OBAs. For a full description 
of the scope of the Order, see the Preliminary Results.\4\
---------------------------------------------------------------------------

    \4\ See Preliminary Results PDM.
---------------------------------------------------------------------------

Final Results of Review

    We determine that the following weighted-average dumping margin 
exists for the POR:

[[Page 46068]]



------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Teh Fong Min International Co., Ltd........................         1.04
------------------------------------------------------------------------

Disclosure

    Because Commerce received no comments on the Preliminary Results, 
we have not modified our analysis and no decision memorandum 
accompanies this Federal Register notice. We are adopting the 
Preliminary Results as the final results of this review. Consequently, 
there are no new calculations to disclose in accordance with 19 CFR 
351.224(b) for these final results.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. We 
intend to instruct CBP to apply the importer-specific ad valorem 
assessment rates we calculated for the Preliminary Results on the basis 
of the ratio of the total amount of dumping calculated for each 
importer's examined sales and the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1).\5\ If the importer-
specific assessment rate is zero or de minimis, then Commerce will 
instruct CBP to liquidate such entries without regard to antidumping 
duties.
---------------------------------------------------------------------------

    \5\ See 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).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by Teh 
Fong Min International Co., Ltd., for which it did not know that its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate (i.e., 6.19 
percent) \6\ if there is no rate for the intermediate company(ies) 
involved in the transaction.
---------------------------------------------------------------------------

    \6\ See Order, 77 FR at 27420.
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these final results in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/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 which is subject to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing the final results of this review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 
351.221(b)(5).

    Dated: May 20, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-11599 Filed 5-24-24; 8:45 am]
BILLING CODE 3510-DS-P
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