China and Taiwan Brightening Agents: AD Initiation Phase Deadlines

The ITA will determine whether imports of stilbenic OBAs from China and Taiwan are being, or are likely to be, sold in the U.S. at less than fair value.

(See ITT’s Online Archives or 04/25/11 news, 11042520, for BP summary of the ITA's fact sheet on the initiation of these AD investigations.)

Taiwan - Comments on Respondent Selection due May 6

For the Taiwan AD investigation, the ITA intends to select respondents based on U.S. Customs and Border Protection data for U.S. imports during the period of investigation. The ITA invites comments regarding the CBP data and respondent selection in the Taiwan AD investigation by May 6, 2011.

China - AD Q&V Questionnaires due May 11

For the China AD investigation, the ITA will request quantity and value (Q&V) information from all known exporters and producers identified with complete contact information in the AD petition. The Q&V data received will be used as a basis to select the mandatory respondents.

The Q&V questionnaire is available here. Completed questionnaires are due by May 11, 2011.

China - AD Separate Rate Applications due June 27

The ITA also requires exporters and producers seeking separate rate status in the China investigation to submit a separate rate application no later than June 27, 2011. The separate rate application is available here.

The ITA requires that the respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status.

The ITA will also calculate combination rates for certain respondents that are eligible for a separate rate in the AD investigation.

Comments on Scope of AD Investigations due May 10

Comments on the scope of the AD duty investigations are due by May 10, 2011. (See scope below.)

Comments on Product Characteristics due May 10

The ITA is requesting comments from interested parties regarding the appropriate physical characteristics of stilbenic OBAs to be reported in response to the AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to more accurately report the relevant costs of production, as well as to develop appropriate product comparison criteria.

Comments on product characteristics to be reported in response to AD questionnaires must be submitted by May 10, 2011. (Rebuttal comments are due by May 17, 2011.)

Comments on Targeted Dumping due July 25

Any interested party that wishes to make a targeted dumping allegation in the AD investigations may submit allegations by July 25, 2011 (i.e., no later than 45 days before the scheduled date of the ITA’s preliminary determination).

(Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives or 12/15/08 and 01/15/09 news, 08121525 and 09011535, for BP summaries of the interim final rule and extension of the comment period.)

Scope of the AD Investigations

The certain stilbenic OBAs covered by these investigations 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] amino-2,2’-stilbenedisulfonic acid), except for compounds listed in the following paragraph. The certain 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 these investigations are all forms of 4,4’-bis[4-anilino-6-morpholino-1,3,5-triazin-2-yl] amino-2,2’-stilbenedisulfonic acid, C40H40N12O8S2 (“Fluorescent Brightener 71”).

These investigations cover 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, but they may also enter under subheadings 2933.69.6050, 2921.59.4000 and 2921.59.8090. The ITA notes that although the HTS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

(See ITT’s Online Archives or 04/07/11 news, 11040745, for BP summary of the International Trade Commission's announcement of its institution of the companion injury investigation and its scheduling of the preliminary phase.)

ITA contact - Shawn Higgins (202) 482-0679

(FR Pub 04/27/11, ITA Case Nos. A-570-972 and A-583-848)