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ANTIDUMPING DUTY INVESTIGATION


the People's Republic of China  Stilbenic Optical Brightening Agents
Stilbenic Optical Brightening Agents  Taiwan 		  Stilbenic Optical Brightening Agents from China & Taiwan  

PETITION: General Issues & Injury | Dumping-Taiwan | Dumping-China
ITC Information:
ITC Questionnaires:
DOC Information: Initiation Factsheet | Initiation
DOC Questionnaires: Quantity & Value of U.S. Sales  DUE May 11
                                           Separate Rate Application DUE June 27
Case Nos.
 ITC: 731-TA-1186 and -1187
DOC: A-

Scope

The certain stilbenic optical brightening agents (“OBAs”) covered by this investigation 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 the compounds listed in the following paragraph. The certain stilbenic OBAs covered by this investigation include final OBA products, as well as intermediate products that are themselves triazinylaminostilbenes produced during the synthesis offinal OBA products.

Excluded from this investigation are all forms of 4,4’ -bis[ 4- anilino-6-morpholino-l ,3,5-triazin-2-yl]amino-2,2’stilbenedisulfonic acid, C4oH4oN 120gS2 (“Fluorescent Brightener 71").

This investigation covers the above-described compounds in any state (including but not limited to powder, slurry, or solution), of any concentrations, as well as any compositions (i. e., mixtures or blends, whether of certain stilbenic OBAs with each other, or of certain stilbenic OBAs with other products), and in any type of packaging.

These certain stilbenic OBAs are classifiable under subheading 3204.20.80 of the Harmonized Tariff Schedule of the United States (“HTSUS”), but they may also enter under subheadings 2921.59.40 and 2921.59.80.90. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.
 
Investigation Timeline
U.S. Department of Commerce Initiates Antidumping Duty Investigation into Stilbenic Optical Brightening Agents from China
On April 20, 2011, the U.S. Department of Commerce ("Commerce") initiated the Stilbenic Optical Brightening Agents antidumping investigation.  Commerce found optical brighteners dumping margins of 80.00% - 203.16% for stilbenic optical brightening agents from China, and stilbenic dumping margins of 61.79% – 109.45%  for stilbenic optical brightening agents from Taiwan.  In the Stilbenic Optical Brightening Agents antidumping investigation, all Chinese producer/exporters are presumed to be controlled by the Chinese government, and subject to the highest antidumping rate -- likely 203.16%. 

To demonstrate that they are not controlled by the Chinese government, Chinese producers/exporters of stilbenic optical brightening agents must file a response to the optical brighteners antidumping Quantity & Value (Q&V) questionnaire, and the optical brighteners antidumping Separate Rate Application.  The Q&V questionnaire response -- in which exporter report the quantity and value of galvanized wire sales to the United States during June 1 to December 31, 2010 --  must be filed by May 20, 2011. 

The Separate Rate Application must be filed 60 days after the initiation of the galvanized wire dumping investigation is published in the Federal Register.  (The due date will be approximately June 25, 2011).  In the Separate Rate Application, a Chinese producer exporter must provide information and documentation about the company, its management, its sales, its customers, and its payments.  The document typically ranges from 200 - 400 pages.  It is recommended that U.S. international trade counsel assist in preparing, submitting, and serving your Separate Rate Application.

The U.S. International Trade Commission (ITC) is scheduled to make its preliminary injury determination on or about May 16, 2011.  If the ITC determines that there is a reasonable indication that optical brightener imports from China and Taiwan are materially injuring, or threatening material injury to, the domestic industry, the investigations will continue, and Commerce will be scheduled to make its optical brighteners antidumping preliminary determination in September 2011.

Petition for Antidumping Investigation of Stilbenic Optical Brightening Agents from China & Taiwan
On March 31, 2011, Clariant Corporation and Hayes Lemmerz International Inc., filed petitions with the U.S. International Trade Commission and U.S. Department of Commerce seeking an antidumping duty investigation into Stilbenic Optical Brightening Agents from China and Taiwan.  The petition alleges dumping margins of 62% to 109% for Taiwan, and of 83% to 205% for China.

For the purposes of AD investigations, dumping occurs when a foreign company sells a product in the United States at less than normal value.  The merchandise covered by these investigations is steel wheels. (For a more detailed description of the scope, see the "Scope" description to the left.)

There are special rules for China:

Once the Department of Commerce initiates its AD investigation, Quantity & Value questionnaires must be filed by all Chinese Stilbenic Optical Brightening Agents exporters, otherwise they will be penalized for non-cooperation with the highest antidumping duty rate that Commerce can justify.  The Quantity & Value questionnaire can be downloaded by clicking on the link above. .

All Chinese exporters who file a Quantity & Value questionnaire must also file a Separate Rate Application.  The Separate Rate Application can be downloaded by clicking on the link above.  Separate Rate Applications must include information and documentation demonstrating that the exporter's pricing decisions are not controlled by any level of the Government of China.  It is recommended that U.S. international trade counsel assist in preparing, submitting, and serving your Separate Rate Application. Separate Rate Applications are due 60 days after the date the initiation is published in the Federal Register.


Stilbenic Optical Brightening Agents Antidumping Duty Investigation Timeline:

EVENT AD INVESTIGATION
Petitions Filed March 31, 2011
DOC Initiation Date April 20, 2011
Quantity & Value Response May 11, 2011
ITC Preliminary Determination* May 16, 2011
Separate Rate Application June 27, 2011
DOC Preliminary Determinations** September 7, 2011
DOC Final Determinations** November 21, 2011
ITC Final Determination*** January 5, 2012
Issuance of Orders**** January 12, 2012

* If the ITC makes a negative preliminary determination of injury, the investigations are terminated.
**These deadlines may be extended under the governing statute.
***This will take place only in the event of final affirmative determinations from Commerce.
****This will take place only in the event of final affirmative determinations from Commerce and the ITC.
 

                                                                                                          

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