[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32085-32087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13811]
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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; 2013-
2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain
stilbenic optical brightening agents (OBAs) from Taiwan. The period of
review (POR) is May 1, 2013, through April 30, 2014. The review covers
one producer/exporter of the subject merchandise, Teh Fong Ming
International Co., Ltd. (TFM). We preliminarily find that TFM has sold
subject merchandise at less than normal value. Interested parties are
invited to comment on these preliminary results.
DATES: Effective Date: June 5, 2015.
FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1757, and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the Order \1\ 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 remains
dispositive.\2\
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\1\ 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).
\2\ A full description of the scope of the Order is contained in
the memorandum to Paul Piquado, Assistant Secretary for Enforcement
and Compliance, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, ``Certain Stilbenic
Optical Brightening Agents from Taiwan: Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014'' dated concurrently with and hereby adopted by this notice
(Preliminary Decision Memorandum).
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[[Page 32086]]
Methodology
The Department conducted this review in accordance with section
751(a)(2) 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 http://access.trade.gov and to all parties in the
Central Records Unit, room 7046 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 http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content. 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 a
weighted-average dumping margin of 0.71 percent exists for TFM for the
period May 1, 2013, through April 30, 2014.
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR
351.309(c)(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.\3\ 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.\4\
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\3\ See 19 CFR 351.309(d).
\4\ 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, or to participate if one is requested, 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 http://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.\5\ 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.
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\5\ See 19 CFR 351.310(c).
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The Department 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, the Department shall determine
and CBP shall assess antidumping duties on all appropriate entries
covered by this review. If TFM's weighted-average dumping margin
continues to be 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). 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, i.e., ``{w{time} here the
weighted-average margin of dumping for the exporter is determined to be
zero or de minimis, no antidumping duties will be assessed.'' \6\
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\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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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.\7\
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\7\ For a full discussion, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May
6, 2003).
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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) if the exporter is not
a firm covered in this review, a prior review, or the original
investigation but the manufacturer is, the cash deposit rate will be
the rate established for the manufacturer of the merchandise for the
most recently completed segment of this proceeding; (3) the cash
deposit rate for all other manufacturers or exporters will continue to
be 6.19 percent.\8\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\8\ 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 351.213(h)(1).
Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
[[Page 32087]]
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
Constructed Export Price
Normal Value
A. Home Market Viability and Comparison Market
B. Level of Trade
C. Calculation of Normal Value Based on Comparison Market Prices
D. Calculation of Normal Value Based on Constructed Value
Currency Conversion
Recommendation
[FR Doc. 2015-13811 Filed 6-4-15; 8:45 am]
BILLING CODE 3510-DS-P