Stilbenic Optical Brightening Agents: Commerce Reinstates AD Orders on China, Taiwan
On July 1, the Commerce Department will begin reconducting the sunset reviews on stilbenic optical brightening agents (OBAs) from Taiwan and China, after the Court of International Trade on May 28 found that the regulatory provision upon which Commerce relied to revoke the antidumping duty orders on OBAs from the two countries (see 2212280023) violated the Tariff Act.
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Commerce Department revoked the AD on stilbenic optical brightening agents from China (A-570-972) and Taiwan (A-583-848), after it deemed no domestic producers sought to participate in five-year sunset reviews conducted by the agency. One company filed a notice of intent to participate, but it was six days past the filing deadline. CIT held that Commerce couldn't lawfully revoke the orders solely due to a domestic interested party’s untimely filing of a notice of intent to participate.
For entries on or after Nov. 27, 2022, Commerce had directed CBP to end suspension of liquidation and collection of AD cash deposits in connection with the revoked AD orders, which had been in place since 2012. Commerce now says it's reinstating the AD orders on OBAs from Taiwan and China, effective June 7.
If CIT’s ruling isn't appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess AD on unliquidated entries of OBAs from China and Taiwan that are or were entered, or withdrawn from warehouse for consumption, on or after Nov. 27, 2022, as appropriate. CIT has ordered Commerce to require cash deposits at a rate of zero percent for entries of OBAs from China and Taiwan that are or were entered, or withdrawn from warehouse for consumption, on or after Nov. 27, 2022. When there is a final and conclusive court decision in the litigation, Commerce intends to issue revised cash deposit instructions to CBP as appropriate.
One company in Taiwan under AD administrative review on May 28 had an AD rate set for entries in the period May 1, 2022, until Nov. 26, 2022, the last date before the AD orders were revoked (see 2405280061).