[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Notices]
[Pages 37741-37743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15153]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-848]


Stilbenic Optical Brightening Agents From Taiwan: Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Teh Fong Min International Co., Ltd. (TFM), the sole producer and/or 
exporter subject to this administrative review, made sales of stilbenic 
optical brightening agents (OBAs) at less than normal value (NV) during 
the period of review (POR) May 1, 2019, through April 30, 2020. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable July 16, 2021.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.

SUPPLEMENTARY INFORMATION:

Background

    On May 10, 2012, we published in the Federal Register an 
antidumping duty order on OBAs from Taiwan.\1\ On May 1, 2020, we 
published in the Federal Register a notice of opportunity to request an 
administrative review of the

[[Page 37742]]

Order.\2\ On July 10, 2020, based on timely requests for an 
administrative review, Commerce initiated an administrative review of 
one company, TFM.\3\
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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\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 29354 (May 1, 2020).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 41450, 41544 (July 10, 2020).
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    On July 21, 2020, Commerce tolled all deadlines in administrative 
reviews by 60 days, thereby tolling the deadline for the preliminary 
results of review until April 1, 2021.\4\ On March 12, 2021, Commerce 
extended the time limit for issuing the preliminary results of this 
review by 120 days to no later than July 30, 2021.\5\
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    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \5\ See Memorandum, ``Stilbenic Optical Brightening Agents from 
Taiwan: Extension of Time Limit for Preliminary Results of 
Antidumping Duty Administrative Review, 2019-2020,'' dated March 12, 
2021.
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Scope of the Order

    The products covered by the Order are OBAs. A full description of 
the scope of the Order is contained in the Preliminary Decision 
Memorandum.\6\
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    \6\ See Memorandum, ``Certain Stilbenic Optical Brightening 
Agents from Taiwan: Decision Memorandum for the Preliminary Results 
of Antidumping Duty Administrative Review; 2019-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Act. Export price and constructed export price are 
calculated in accordance with section 772 of the Act. NV is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as an Appendix to this notice. The 
Preliminary Decision Memorandum is a public document and is made 
available to the public 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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/.

Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for TFM for the period May 1, 2019, through April 
30, 2020:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Teh Fong Min International Co., Ltd........................        2.91
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no 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 seven days after the date for filing case 
briefs.\7\ Commerce has modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\8\ 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.\9\
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    \7\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect).''
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \9\ See 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, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. 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. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\10\
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    \10\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, no later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the final results, Commerce will determine and 
U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries covered by this review.\11\ If the 
weighted-average dumping margin for TFM is not zero or de minimis 
(i.e., less than 0.50 percent) in the final results of this review, we 
intend to calculate an importer-specific assessment rate based on the 
ratio of the total amount of dumping calculated for each importer's 
examined sales and the total entered value of the sales in accordance 
with 19 CFR 351.212(b)(1).\12\ If TFM's weighted-average dumping margin 
or an importer-specific assessment rate is zero or de minimis in the 
final results of review, then we intend to instruct CBP not to assess 
duties on any of its entries in accordance with the Final Modification 
for Reviews.\13\ The final results of this administrative review shall 
be the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future deposits of estimated duties, 
where applicable.
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in 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) (Final Modification for 
Reviews).
    \13\ See Final Modification for Reviews, 77 FR at 8103; see also 
19 CFR 351.106(c)(2).
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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.\14\
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    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this

[[Page 37743]]

review 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register 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) of the Act: (1) The cash 
deposit rate for TFM, subject to this review, will be equal to the 
weighted-average dumping margin established for it in the final results 
of the review; (2) for merchandise exported by a company not covered in 
this review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published in 
the completed segment for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation but the producer is, the cash deposit rate will be the 
rate established in the completed segment for the most recent period 
for the producer of the merchandise; (4) the cash deposit rate for all 
other producers or exporters will be the all-others rate established in 
the less-than-fair-value investigation for this proceeding, 6.19 
percent.\15\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \15\ See Order, 91 FR at 27420.
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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 period of review. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).

    Dated: July 12 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2021-15153 Filed 7-15-21; 8:45 am]
BILLING CODE 3510-DS-P