[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Pages 79524-79525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22281]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-972]


Stilbenic Optical Brightening Agents From the People's Republic 
of China: Rescission of Antidumping Duty Administrative Review; 2023-
2024

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping order on stilbenic optical 
brightening agents (OBAs) from the People's Republic of China (China), 
covering the period of review (POR) May 1, 2023, through April 30, 
2024, because, as explained below, there are no reviewable entries for 
the companies that are subject to review.

DATES: Applicable September 30, 2024.

FOR FURTHER INFORMATION CONTACT: Stephanie Trejo AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4390.

SUPPLEMENTARY INFORMATION:

Background

    On May 10, 2012, Commerce published in the Federal Register the 
antidumping duty order on OBAs from China.\1\ On May 2, 2023, Commerce 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On May 31, 2024, Commerce 
received a timely request from a U.S. producer of the domestic like 
product, Archroma, U.S., Inc. (Archroma), in accordance with 19 CFR 
351.213(b)(1), to conduct an administrative review of the Order for 
five companies.\3\ We received no other requests for review.
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    \1\ See 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, 77 FR 27423 (May 
10, 2012).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 89 FR 35778 (May 2, 
2024).
    \3\ See Archroma's Letter, ``Request for Administrative 
Review,'' dated May 31, 2024.
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    On July 5, 2024, in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act), Commerce published in the Federal 
Register a notice of initiation of the administrative review with 
respect to the five companies for which Archroma requested a review: 
(1) Beijing Odyssey

[[Page 79525]]

Chemical Ind. Co. Ltd, (2) Hebei Dianchang Chemicals Co. Ltd., (3) 
Jinan Subang Fine Chemical Co., Ltd., (4) Zhejiang Hongda Chemicals 
Co., Ltd., and (5) Zhejiang Transfar Whyyon Chemical Co., Ltd.\4\ On 
July 10, 2024, Commerce placed U.S. Customs and Border Protection (CBP) 
entry data for U.S. imports of the subject merchandise during the POR 
on the record for respondent selection purposes.\5\ On July 17, 2024, 
Archroma submitted comments on the CBP data.\6\ On, August 2, 2024, we 
re-released the CBP data because our first CBP data release 
inadvertently did not include all of the possible company names 
combinations.\7\ On August 9, 2024, Archroma submitted comments on the 
re-release of the CBP data.\8\
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    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 89 FR 55567 (July 5, 2024) (Initiation 
Notice).
    \5\ See Memorandum, ``Release of Customs Data from U.S. Customs 
and Border Protection,'' dated July 10, 2024.
    \6\ See Archroma's Letter, ``Comments on Customs and Border 
Protection Data,'' dated July 17, 2024.
    \7\ See Memorandum, ``Re-Release of Customs Data from U.S. 
Customs and Border Protection,'' dated August 2, 2024.
    \8\ See Archroma's Letter, ``Comments on Re-Released Customs and 
Border Protection Data,'' dated August 9, 2024.
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    On September 6, 2024, Commerce notified all interested parties of 
its intent to rescind the instant review in full because there were no 
reviewable, suspended entries of subject merchandise by any of the five 
companies listed in the Initiation Notice during the POR and invited 
parties to comment.\9\ No parties submitted comments in response to 
this notice.
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    \9\ See Memorandum, ``Notice of Intent to Rescind Review,'' 
dated September 6, 2024.
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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] \10\ 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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    \10\ 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] amino-2,2'-stilbenedisulfonic acid, 
C<INF>40</INF> H<INF>40</INF> N<INF>12</INF> O<INF>8</INF> 
S<INF>2</INF> (``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.
    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.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order where it 
concludes that there were no reviewable entries of subject merchandise 
during the POR.\11\ Normally, upon completion of an administrative 
review, the suspended entries are liquidated at the antidumping duty 
assessment rate for the review period.\12\ Therefore, for an 
administrative review to be conducted, there must be a reviewable, 
suspended entry that Commerce can instruct CBP to liquidate at the 
calculated antidumping duty assessment rate for the review period.\13\ 
As noted above, the CBP data results confirmed that there were no 
entries of subject merchandise during the POR with respect to all of 
the companies subject to this review. Accordingly, in the absence of 
reviewable, suspended entries of subject merchandise during the POR, we 
are rescinding this administrative review, in its entirety, in 
accordance with 19 CFR 351.213(d)(3).
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    \11\ See, e.g., Dioctyl Terephthalate from the Republic of 
Korea: Rescission of Antidumping Administrative Review; 2021-2022, 
88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy 
Steel Cut-to-Length Plate from the Federal Republic of Germany: 
Recission of Antidumping Administrative Review; 2020-2021, 88 FR 
4154 (January 24, 2023).
    \12\ See 19 CFR 351.212(b)(2).
    \13\ See 19 CFR 351.213(d)(3)
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Cash Deposit Requirements

    As Commerce has proceeded to a final rescission of this 
administrative review, no cash deposit rates will change. Accordingly, 
the current cash deposit requirements shall remain in effect until 
further notice.

Assessment Rates

    Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries. Because Commerce is rescinding this review in its 
entirety, the entries to which this administrative review pertained 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
Commerce intends to issue appropriate assessment instructions to CBP 35 
days after the publication of this notice in the Federal Register.

Notification Regarding Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under 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 or 
destruction of the APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with regulations and 
terms of an APO is a violation, which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4).

    Dated: September 24, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2024-22281 Filed 9-27-24; 8:45 am]
BILLING CODE 3510-DS-P