[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27423-27424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11219]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-972]
Certain Stilbenic Optical Brightening Agents From the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 10, 2012.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on
certain stilbenic optical brightening agents (``stilbenic OBAs'') from
the People's Republic of China (``PRC''). In addition, the Department
is amending its final determination to correct a ministerial error.
FOR FURTHER INFORMATION CONTACT: Shawn Higgins or Maisha Cryor, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0679 or (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (``Act''), on March 26, 2012, the Department
published the final determination of sales at less than fair value in
the antidumping duty investigation of stilbenic OBAs from the PRC.\1\
On May 2, 2012, the ITC notified the Department of its affirmative
determination of material injury to a U.S. industry.\2\
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\1\ See Certain Stilbenic Optical Brightening Agents from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 77 FR 17436 (March 26, 2012) (``Final
Determination'').
\2\ See Certain Stilbenic Optical Brightening Agents from China
and Taiwan, USITC Investigation Nos. 731-TA-1186 and 731-TA-1187
(Final), USITC Publication 4322 (May 2012).
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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] \3\ 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.
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\3\ The brackets in this sentence are part of the chemical
formula.
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Excluded from this order are all forms of 4,4'-bis[4-anilino-6-
morpholino-1,3,5-triazin-2-yl] \4\ 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.
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\4\ Id.
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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.
Amendment to the Final Determination
On March 26, 2012, the Department published its affirmative final
determination in this proceeding.\5\ On March 27, 2012, Zhejiang Hongda
Chemicals Co., Ltd. (``Hongda'') and Zhejiang Transfar Whyyon Chemical
Co., Ltd. (``Transfar''), respondents in the investigation, submitted
timely ministerial error allegations and requested, pursuant to 19 CFR
351.224, that the Department correct the alleged ministerial errors in
the dumping margin calculations. On April 2, 2012, the petitioner,
Clariant Corporation, submitted comments in rebuttal to Hongda's
ministerial error allegation. No other interested party submitted
ministerial error allegations or rebuttal comments.
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\5\ See Final Determination.
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After analyzing all interested party comments and rebuttals, we
have determined, in accordance with section 735(e) of the Act and 19
CFR 351.224(e), that we made a ministerial error in our calculations
for the Final Determination, as alleged by Transfar: Specifically, we
excluded the cost of rendering services from the denominator of the
surrogate profit ratio but included the profit earned from rendering
services in the total profit used as the numerator of the surrogate
profit ratio. This error in arithmetic function resulted in the
attribution of profits derived from rendering services to the
manufacture and sale of the merchandise under consideration.\6\ The
amended weighted-average dumping margins are provided, below.
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\6\ For a detailed discussion of all alleged ministerial errors,
as well as the Department's analysis, see Memorandum to Paul
Piquado, Assistant Secretary for Import Administration, from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, concerning, ``Antidumping Duty
Investigation of Certain Stilbenic Optical Brightening Agents from
the People's Republic of China: Allegation of Ministerial Errors and
Amended Final Determination,'' dated April 20, 2012.
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Antidumping Duty Order
As noted above, on May 2, 2012, in accordance with section 735(d)
of the Act, the ITC notified the Department of its final determination
in this investigation, in which it found material injury with respect
to stilbenic OBAs from the PRC. Because the ITC determined that imports
of stilbenic OBAs from the PRC are materially injuring a U.S. industry,
all unliquidated entries of such merchandise from the PRC, entered or
withdrawn from warehouse, are subject to the assessment of antidumping
duties.
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (``CBP'') to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of stilbenic OBAs from the PRC.
These antidumping duties will be assessed on unliquidated entries from
the PRC entered, or withdrawn from warehouse, for consumption on or
after November 3, 2011, the date on which the Department published its
preliminary determination,\7\ but will not include entries occurring
after the expiration of the provisional measures period and before
publication of the ITC's final injury determination as further
described below.
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\7\ See Certain Stilbenic Optical Brightening Agents from the
People's Republic of China: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 76 FR
68148 (November 3, 2011) (``Preliminary Determination'').
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation
[[Page 27424]]
on all entries of subject merchandise from the PRC. We will also
instruct CBP to require cash deposits equal to the estimated amount by
which the normal value exceeds the U.S. price as indicated in the chart
below. These instructions suspending liquidation will remain in effect
until further notice.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins as discussed below.\8\ The ``PRC-
wide'' rate applies to all exporters of subject merchandise not
specifically listed.
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\8\ See section 736(a)(3) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of exports of stilbenic OBAs from the PRC, we extended the
four-month period to no more than six months.\9\ In the underlying
investigation, the Department published the Preliminary Determination
on November 3, 2011.\10\ Therefore, the six-month period beginning on
the date of the publication of the Preliminary Determination ended on
May 1, 2012. Furthermore, section 737(b) of the Act states that
definitive duties are to begin on the date of publication of the ITC's
final injury determination.
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\9\ See Preliminary Determination, 76 FR at 68149.
\10\ See Preliminary Determination.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of stilbenic OBAs from the PRC entered, or
withdrawn from warehouse, for consumption after May 1, 2012, the date
provisional measures expired, and through the day preceding the date of
publication of the ITC's final injury determination in the Federal
Register Suspension of liquidation will resume on and after the date of
publication of the ITC's final injury determination in the Federal
Register
The weighted-average dumping margins are as follows:
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Weighted-
Exporter Producer average
margin
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Zhejiang Hongda Chemicals Co., Zhejiang Hongda 91.78
Ltd. Chemicals Co., Ltd.
Zhejiang Transfar Whyyon Chemical Zhejiang Transfar Whyyon 61.04
Co., Ltd. Chemical Co., Ltd.
PRC-wide Entity.................. ........................ 106.17
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This notice constitutes the antidumping duty order with respect to
stilbenic OBAs from the PRC pursuant to section 736(a) of the Act. This
order and amended final determination are published in accordance with
sections 736(a) and 735(e) of the Act and 19 CFR 351.211 and
351.224(e).
Dated: May 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-11219 Filed 5-9-12; 8:45 am]
BILLING CODE 3510-DS-P