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China Brightening Agents: Details of AD Duty Order, Revised Rates

The International Trade Administration issued an amended final determination and antidumping duty order on certain stilbenic optical brightening agents from China (A-570-972), which among other things amends the rate for two respondents and the China-wide entity. The order also details a "gap period" of May 2 - May 7 of no AD duty liability due to the expiration of the provisional measures period. This order is effective May 8, 2012, and is expected to be implemented by U.S. Customs and Border Protection soon.

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Gap Period of No AD Suspension of Liq or AD Duties for May 2-7

For this investigation, the six month provisional measures period for which the AD suspension of liquidation may remain in effect before the order is issued began on November 3, 2011 (the publication date of the preliminary determination) and ended on May 1, 2012.

As the International Trade Commission's final affirmative injury determination was published on May 8, 2012, the ITA is instructing CBP to terminate the AD suspension of liquidation and to liquidate, without regard to AD duties, unliquidated entries of subject merchandise from China with a time of entry after May 1, and through May 7, 2012 (the gap period).

(For entries with a time of entry on or after November 3, 2011 through May 1, 2012, suspension of liquidation and AD duty liability remains in effect.)

AD Suspension of Liq Instructions

Suspension of liquidation resumes for all entries of subject merchandise from China with a time of entry on or after May 8, 2012, the date that the final ITC affirmative injury determination was published.

AD Cash Deposit Instructions

An AD cash deposit requirement is also in effect for subject merchandise from China with a time of entry on or after May 8, 2012.

The ITA will instruct CBP to require, at the same time as importers deposit estimated duties, a cash deposit equal to the AD duty rates listed below (which are revised for Zhejiang Hongda (from 95.29%), Zhejiang Transfar (from 63.98%), and the China-wide Entity (from 109.95%) for all entries of subject merchandise from China with a time of entry on or after May 8, 2012, as follows:

ExporterAD Cash Deposit
Zhejiang Hongda Chemicals Co., Ltd.91.78%
Zhejiang Transfar Whyyon Chemical Co., Ltd.61.04%
China-wide Entity106.17%

(See notice for additional details, including the full scope description, the assessment instructions, etc.

See ITT's Online Archives 12041943 for summary of ITC vote on final affirmative injury. See ITT's Online Archives 12032601 for summary of AD final determination.)

ITC final injury determination (FR Pub 05/08/12) here.

ITA contact - Shawn Higgins (202) 482-0679

(FR Pub 05/10/12, A-570-972)