Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17027 

1See Memorandum to the File entitled 

‘‘Verification of the Sales Response of TFM North 

America, Inc. (TFMNA) in the Antidumping 

Investigation on Certain Stilbenic Optical 

Brightening Agents from Taiwan,’’ dated December 

20, 2011, Memorandum to the File entitled 

‘‘Verification of the Sales Response of Teh Fong 

Min International Co., Ltd. in the Antidumping 

Investigation of Certain Stilbenic Optical 

Brightening Agents from Taiwan,’’ dated December 

30, 2011, and Memorandum to the File entitled 

‘‘Verification of the Cost Response of Teh Fong Min 

International Corporation in the Antidumping 

Investigation of Certain Stilbenic Optical 

Brightening Agents from Taiwan,’’ dated January 6, 

2012. 

2The brackets above denote the chemical formula 

of the subject merchandise. This is not businessproprietary information. 

3 Id. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–583–848] 

Certain Stilbenic Optical Brightening 

Agents From Taiwan: Final 

Determination of Sales at Less Than 

Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has determined that 

imports of certain stilbenic optical 

brightening agents (stilbenic OBAs) 

from Taiwan are being, or are likely to 

be, sold in the United States at less than 

fair value (LTFV), as provided in section 

735 of the Tariff Act of 1930, as 

amended (the Act). The estimated 

margins of sales at LTFV are listed in 

the ‘‘Continuation of Suspension of 

Liquidation’’ section of this notice. 

DATES: Effective Date: March 23, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Sandra Stewart or Minoo Hatten, AD/ 

CVD Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone (202) 482–0768 or (202) 482– 

1690, respectively. 

SUPPLEMENTARY INFORMATION: 

Case History 

On November 3, 2011, the Department 

published in the Federal Register its 

preliminary determination in the 

antidumping duty investigation of 

stilbenic OBAs from Taiwan. See 

Certain Stilbenic Optical Brightening 

Agents From Taiwan: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination, 76 FR 68154 (November 

3, 2011) (Preliminary Determination). 

As provided in section 782(i) of the 

Act, we conducted sales and cost 

verifications of the questionnaire 

responses submitted by the participating 

respondent, Teh Fong Min 

International, Co., Ltd. (TFM) and its 

U.S. affiliate, TFM North America, Inc. 

We used standard verification 

procedures, including examination of 

relevant accounting and production 

records, as well as original source 

documents provided by the company.1

We received case briefs submitted by 

Clariant Corporation (hereinafter, the 

petitioner) and TFM on January 19, 

2012. TFM and the petitioner submitted 

rebuttal comments on January 26, 2012, 

and January 27, 2012, respectively. At 

the request of both parties, we held a 

hearing on January 31, 2012, in the main 

Department of Commerce building. 

Subsequent to the Preliminary 

Determination, the Department revised 

the program to ensure that it accurately 

reflected the methodological choices 

made in that determination. These 

revisions to the programming, had they 

been included in the preliminary 

determination, would not have altered 

the weighted average dumping margins 

calculated there. See ‘‘Less-Than-FairValue Investigation of Certain Stilbenic 

Optical Brightening Agents from 

Taiwan: Final Analysis Memorandum 

for Teh Fong Min International Co., Ltd. 

(1/1/2010—12/31/2010),’’ dated 

concurrently with this notice (Final 

Analysis Memo) (with the revised 

preliminary AD margin program, output 

and weighted-average dumping 

margins). 

Period of Investigation 

The period of investigation (POI) is 

January 1, 2010, through December 31, 

2010. This period corresponds to the 

four most recent fiscal quarters prior to 

the month of the filing of the petition, 

March 2011. See 19 CFR 351.204(b)(1). 

Scope of Investigation 

The certain stilbenic OBAs covered by 

this investigation 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] 2 amino-2,2′-stilbenedisulfonic acid), 

except for compounds listed in the 

following paragraph. The stilbenic 

OBAs covered by these investigations 

include final stilbenic OBA products, as 

well as intermediate products that are 

themselves triazinylaminostilbenes 

produced during the synthesis of final 

stilbenic OBA products. 

Excluded from this investigation are 

all forms of 4,4′-bis[4-anilino-6- 

morpholino-1,3,5-triazin-2-yl] 3 amino2,2′-stilbenedisulfonic acid, 

C40H40N12O8S2 (‘‘Fluorescent 

Brightener 71’’). This investigation 

covers the above-described compounds 

in any state (including but not limited 

to powder, slurry, or solution), of any 

concentrations of active certain stilbenic 

OBA ingredient, as well as any 

compositions regardless of additives 

(i.e., mixtures or blends, whether of 

certain stilbenic OBAs with each other, 

or of certain stilbenic OBAs with 

additives that are not certain stilbenic 

OBAs), and in any type of packaging. 

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. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

antidumping investigation are 

addressed in the Issues and Decision 

Memorandum (I&D Memo) from 

Christian Marsh, Deputy Assistant 

Secretary for Antidumping and 

Countervailing Duty Operations, to Paul 

Piquado, Assistant Secretary for Import 

Administration, which is dated 

concurrently with and hereby adopted 

by this notice. A list of the issues raised 

is attached to this notice as Appendix I. 

The I&D Memo is a public document 

and is on file electronically via Import 

Administration’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (IA ACCESS). 

Access to IA ACCESS is available in the 

Central Records Unit (CRU), room 7046 

of the main Department of Commerce 

building. In addition, a complete 

version of the I&D Memo can be 

accessed directly on the Internet at 

http://www.trade.gov/ia/. The signed 

and electronic versions of the I&D memo 

are identical in content. 

Targeted Dumping 

The statute allows the Department to 

employ the average-to-transaction 

margin-calculation methodology under 

the following circumstances: (1) There 

is a pattern of export prices that differ 

significantly among purchasers, regions, 

or periods of time; (2) the Department 

explains why such differences cannot be 

taken into account using the average-toaverage or transaction-to-transaction 

methodology. See section 777A(d)(1)(B) 

of the Act. 

In the Preliminary Determination, 

based on the methodology we adopted 


srobinson on DSK4SPTVN1PROD with NOTICES
17028 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 

4See Certain Steel Nails from the United Arab 

Emirates: Notice of Final Determination of Sales at 

Not Less Than Fair Value, 73 FR 33985 (June 16, 

2008) (Nails). 

5See Polyethylene Retail Carrier Bags From 

Taiwan: Preliminary Determination of Sales at Less 

Than Fair Value and Postponement of Final 

Determination, 74 FR 55183 (October 27, 2009) 

(unchanged in Polyethylene Retail Carrier Bags 

from Taiwan: Final Determination of Sales at Less 

Than Fair Value, 75 FR 14569 (March 26, 2010)) 

(Bags). 

6See Multilayered Wood Flooring from the 

People’s Republic of China: Final Determination of 

Sales at Less Than Fair Value, 76 FR 64318 

(October 18, 2011) (Wood Flooring) and 

accompanying I&D Memo at Comment 4. 

7See also Memorandum to Christian Marsh from 

Susan H. Kuhbach entitled, ‘‘Less-Than-Fair Value 

Investigation on Certain Stilbenic Optical 

Brightening Agents from Taiwan: Targeted 

Dumping—Teh Fong Min International Co., Ltd.,’’ 

dated October 27, 2011. 

8See Yieh Phui Enterprise Co. v. United States 

(Slip Op. 11–107) (August 24, 2011) (Yieh Phui). 

9See, e.g., Notice of Final Determination of Sales 

at Less Than Fair Value: Stainless Steel Sheet and 

Strip in Coils From Italy, 64 FR 30750, 30755 (June 

8, 1999), and Coated Free Sheet Paper from 

Indonesia: Notice of Preliminary Determination of 

Sales at Less Than Fair Value and Postponement 

of Final Determination, 72 FR 30753, 30757 (June 

4, 2007) (unchanged in Notice of Final 

Determination of Sales at Less Than Fair Value: 

Coated Free Sheet Paper from Indonesia, 72 FR 

60636 (October 25, 2007)). 

in Nails,4 as modified in Bags5 and 

Wood Flooring6 to correct certain 

ministerial errors, we found that the 

overall proportion of TFM’s U.S. sales 

during the POI that satisfy the criteria of 

section 777A(d)(1)(B)(i) of the Act was 

insufficient to establish a pattern of 

export prices for comparable 

merchandise that differ significantly 

among certain customers or regions. 

Accordingly, the Department 

determined that the criteria established 

in 777A(d)(1)(B)(i) of the Act had not 

been met and applied the average-toaverage methodology to all sales.7 No 

party has commented on this 

determination. 

As in the Preliminary Determination, 

for TFM we continue to not find a 

pattern of export prices for comparable 

merchandise that differs significantly 

among customers, regions, or by time 

period. See Final Analysis Memo. 

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received and our findings at 

verifications, we have made certain 

changes to TFM’s margin calculation. 

For a discussion of these changes, see 

memorandum to Neal M. Halper from 

Gina K. Lee entitled, ‘‘Constructed 

Value Calculation Adjustments for the 

Final Determination—Teh Fong Min 

International Co., Ltd. (‘‘TFM’’)’’ (Final 

Cost Memo) and Final Analysis Memo, 

dated concurrently with this notice. 

Date of Sale 

Section 19 CFR 351.401(i) of the 

Department’s regulations states that the 

Department normally will use the date 

of invoice, as recorded in the producer’s 

or exporter’s records kept in the 

ordinary course of business, as the date 

of sale. The regulation provides further 

that the Department may use a date 

other than the date of the invoice if the 

Secretary is satisfied that a different 

date better reflects the date on which 

the material terms of sale are 

established. 

TFM reported its sales using shipment 

date as the date of sale, because 

shipment occurred prior to invoicing. 

The petitioner commented that contract 

date or contract amendment date is the 

appropriate date of sale for TFM’s sales 

made pursuant to long-term contracts. 

Based on information on the record 

concerning these long-term contracts 

and consistent with the Preliminary 

Determination and Yieh Phui,8 we find 

that the date of shipment is the 

appropriate date of sale. See I&D Memo 

published concurrently with this notice 

at Comment 1. 

Constructed Value 

As was explained in the Preliminary 

Determination (76 FR at 68134–68135), 

in accordance with section 773(a)(4) of 

the Act, we used constructed value as 

the basis for normal value because TFM 

did not have a viable comparison 

market. We calculated constructed value 

in accordance with section 773(e) of the 

Act. Because TFM does not have a 

viable comparison market, in the 

Preliminary Determination we 

determined selling expenses and profit 

under section 773(e)(2)(B)(iii) of the Act. 

In the Preliminary Determination we 

used the profit rate derived from the 

publicly available financial statements 

for the fiscal year most 

contemporaneous with the POI for a 

company in Taiwan, Everlight Chemical 

Industrial Corporation (Everlight). We 

received new factual information 

concerning the calculation of 

constructed value profit from parties 

since the Preliminary Determination. 

After considering the new factual 

information and comments we received 

concerning this issue, we find that, for 

this final determination, it is 

appropriate to use Everlight’s colorantssector profit to derive the constructed 

value profit. We have also excluded 

movement expenses and direct-selling 

expenses in our calculation of 

constructed value indirect selling 

expenses. See the discussion in the 

accompanying I&D Memo at Comments 

2 through 6. See also Final Cost Memo 

and Final Analysis Memo. 

Continuation of Suspension of 

Liquidation 

Pursuant to section 735(c)(1)(B) of the 

Act, we will instruct U.S. Customs and 

Border Protection (CBP) to continue to 

suspend liquidation of all entries of 

stilbenic OBAs from Taiwan which 

were entered, or withdrawn from 

warehouse, for consumption on or after 

November 3, 2011, the date of 

publication of the Preliminary 

Determination. We will instruct CBP to 

require a cash deposit or the posting of 

a bond equal to the weighted-average 

margin, as indicated below, as follows: 

(1) The rate for TFM will be the rate we 

have determined in this final 

determination; (2) if the exporter is not 

a firm identified in this investigation 

but the producer is, the rate will be the 

rate established for the producer of the 

subject merchandise; (3) the rate for all 

other producers or exporters will be 

6.20 percent, as discussed in the ‘‘AllOthers Rate’’ section, below. These 

suspension-of-liquidation instructions 

will remain in effect until further notice. 

Manufacturer/exporter 

Weighted-average margin 

(percent) 

Teh Fong Min International 

Co., Ltd ............................. 6.20 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated all-others 

rate shall be an amount equal to the 

weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated excluding any 

zero or de minimis margins and any 

margins determined entirely under 

section 776 of the Act. TFM is the only 

respondent in this investigation for 

which the Department calculated a 

company-specific rate. Therefore, for 

purposes of determining the all-others 

rate and pursuant to section 735(c)(5)(A) 

of the Act, we are using the weightedaverage dumping margin calculated for 

TFM, 6.20 percent.9

Disclosure 

We intend to disclose the calculations 

performed within five days of the date 

of publication of this notice to parties in 

this proceeding in accordance with 19 

CFR 351.224(b). 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17029 

1See Memorandum to the File entitled 

‘‘Verification of the Export-Price Sales Responses of 

Dubai Wire FZE in the Antidumping Investigation 

of Certain Steel Nails from the United Arab 

Emirates,’’ dated January 3, 2012, Memorandum to 

the File entitled ‘‘Verification of the Export-Price 

Sales Responses of Precision Fasteners, LLC in the 

Antidumping Investigation of Certain Steel Nails 

from the United Arab Emirates,’’ dated January 3, 

2012, Memorandum to the File entitled 

‘‘Verification of the Cost Response of Dubai Wire 

FZE in the Antidumping Investigation of Certain 

Steel Nails from the United Arab Emirates,’’ dated 

January 17, 2012, and Memorandum to the File 

entitled ‘‘Verification of the Cost Response of 

Precision Fasteners, LLC in the Antidumping Duty 

Investigation of Certain Steel Nails from the United 

Arab Emirates,’’ dated January 17, 2012. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our final determination. As our final 

determination is affirmative and in 

accordance with section 735(b)(2) of the 

Act, the ITC will determine, within 45 

days, whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of imports or sales (or the 

likelihood of sales) for importation of 

the subject merchandise. If the ITC 

determines that such injury does exist, 

the Department will issue an 

antidumping duty order directing CBP 

to assess antidumping duties on all 

imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding APO 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

notification of the destruction of APO 

materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

This determination is issued and 

published pursuant to sections 735(d) 

and 777(i)(1) of the Act. 

Dated: March 19, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

Appendix I 

Issues in I&D Memo 

1. Date of Sale for Long-Term Contracts 

2. Constructed Value Profit 

3. Constructed Value Selling Expenses 

4. Constructed Export Price Profit 

5. General and Administrative Expenses 

6. Cost Reconciliation 

[FR Doc. 2012–7063 Filed 3–22–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–520–804] 

Certain Steel Nails From the United 

Arab Emirates: Final Determination of 

Sales at Less Than Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has determined that 

imports of certain steel nails (nails) from 

the United Arab Emirates are being, or 

are likely to be, sold in the United States 

at less than fair value (LFTV), as 

provided in section 735 of the Tariff Act 

of 1930, as amended (the Act). The 

estimated margins of sales at LTFV are 

listed in the ‘‘Continuation of 

Suspension of Liquidation’’ section of 

this notice. 

DATES: Effective Date: March 23, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Dmitry Vladimirov or Minoo Hatten, 

AD/CVD Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone (202) 482–0665 or (202) 482– 

1690, respectively. 

SUPPLEMENTARY INFORMATION: 

Case History 

On November 3, 2011, the Department 

published in the Federal Register its 

preliminary determination in the 

antidumping duty investigation of nails 

from the United Arab Emirates. See 

Certain Steel Nails from the United 

Arab Emirates: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination, 76 FR 68129 (November 

3, 2011) (Preliminary Determination). 

As provided in section 782(i) of the 

Act, we conducted sales and cost 

verifications of the questionnaire 

responses submitted by the participating 

respondents, Dubai Wire FZE (Dubai 

Wire) and Precision Fasteners LLC 

(Precision). We used standard 

verification procedures, including 

examination of relevant accounting and 

production records, as well as original 

source documents provided by both 

companies.1

We received case briefs from Mid 

Continent Nail Corporation (hereinafter, 

the petitioner), Dubai Wire, and 

Precision on January 27, 2012. These 

parties submitted rebuttal comments on 

February 1, 2012. No hearing was 

requested. 

Subsequent to the Preliminary 

Determination, the Department revised 

the SAS program to ensure that it 

accurately reflected the methodological 

choices made in that determination. 

These revisions to the programming, 

had they been included in the 

preliminary determination, would not 

have altered the weighted average 

dumping margins calculated there. See 

company-specific analysis memoranda, 

dated concurrently with this notice 

(company-specific analysis memoranda) 

(containing the revised preliminary AD 

margin program, output, and the 

weighted-average dumping margins). 

Period of Investigation 

The period of investigation is January 

1, 2010, through December 31, 2010. 

Scope of Investigation 

The merchandise covered by this 

investigation includes certain steel nails 

having a shaft length up to 12 inches. 

Certain steel nails include, but are not 

limited to, nails made of round wire and 

nails that are cut. Certain steel nails may 

be of one piece construction or 

constructed of two or more pieces. 

Certain steel nails may be produced 

from any type of steel, and have a 

variety of finishes, heads, shanks, point 

types, shaft lengths and shaft diameters. 

Finishes include, but are not limited to, 

coating in vinyl, zinc (galvanized, 

whether by electroplating or hotdipping one or more times), phosphate 

cement, and paint. Head styles include, 

but are not limited to, flat, projection, 

cupped, oval, brad, headless, double, 

countersunk, and sinker. Shank styles 

include, but are not limited to, smooth, 

barbed, screw threaded, ring shank and 

fluted shank styles. Screw-threaded 

nails subject to this investigation are 

driven using direct force and not by 

turning the fastener using a tool that 

engages with the head. Point styles 

include, but are not limited to, 

diamond, blunt, needle, chisel and no 

point. Certain steel nails may be sold in 

bulk, or they may be collated into strips 


srobinson on DSK4SPTVN1PROD with NOTICES