[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15240-15241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06423]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Preliminary 
Rescission of 2014-2015 Antidumping Duty New Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review (``NSR'') of the antidumping duty order on xanthan 
gum from the People's Republic of China (``PRC''). The NSR covers one 
exporter and producer of subject merchandise, Inner Mongolia Jianlong 
Biochemical Co., Ltd. (``IMJ''). The period of review (``POR'') is July 
1, 2014 through June 30, 2015. The Department preliminarily determines 
that IMJ did not satisfy the regulatory requirements to request an NSR 
and did not make a bona fide sale during the POR; therefore, we are 
preliminarily rescinding this NSR. Interested parties are invited to 
comment on the preliminary results of this review.

DATES: Effective: March 22, 2016.

FOR FURTHER INFORMATION CONTACT: Cara Lofaro or Brandon Farlander, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5720 and (202) 482-
0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 27, 2015, the Department published a notice of initiation 
of a new shipper review of the antidumping duty order on xanthan gum 
from the PRC.\1\ The Department subsequently issued an antidumping duty 
questionnaire, and supplemental questionnaires, to IMJ and received 
timely responses thereto. Also, interested parties submitted comments 
on surrogate country and surrogate value selection.
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    \1\ See Xanthan Gum From the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review, 80 FR 52031 
(August 27, 2015) (``Initiation Notice'').
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    The Department has exercised its discretion to toll all 
administrative deadlines due to the recent closure of the Federal 
Government because of Snowstorm ``Jonas.'' Thus, all of the deadlines 
in this segment of the proceeding have been extended by four business 
days. The revised deadline for the preliminary results of this review, 
after the four business-day extension, was February 23, 2016.\2\ 
However, on February 17, 2016, the Department extended the time period 
for issuing the preliminary results of this NSR by 21 days, until March 
15, 2016.\3\
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    \2\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines as a Result of the Government 
Closure during Snowstorm Jonas,'' dated January 27, 2016.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, ``New 
Shipper Review of Xanthan Gum from the People's Republic of China: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
New Shipper Review,'' dated February 17, 2016.
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Scope of the Order

    The scope of the order covers dry xanthan gum, whether or not 
coated or blended with other products. Further, xanthan gum is included 
in this order regardless of physical form, including, but not limited 
to, solutions, slurries, dry powders of any particle size, or unground 
fiber. Merchandise covered by the scope of this order is classified in 
the Harmonized Tariff Schedule (``HTS'') of the United States at 
subheading 3913.90.20. This tariff classification is provided for 
convenience and customs purposes; however, the written description of 
the scope is dispositive.\4\
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    \4\ For a complete description of the scope of the order, see 
``Decision Memorandum for the Preliminary Rescission of the 2014-
2015 Antidumping Duty New Shipper Review of Xanthan Gum from the 
People's Republic of China,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado Assistant Secretary for Enforcement and Compliance 
(``Preliminary Decision Memorandum''), dated concurrently with this 
notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the ``Act'') and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically 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 and is available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Rescission of the Antidumping New Shipper Review of IMJ

    As discussed in the Bona Fide Sales Analysis Memorandum,\5\ the 
Department preliminarily finds that the sale made by IMJ's affiliate in 
the United States, Jianlong USA, is not a bona fide sale. The 
Department reached this conclusion based on the totality of the 
circumstances surrounding the reported sale, including the sales price, 
in conjunction with the timing of the sale and the facts surrounding 
the establishment and operations of IMJ's U.S. affiliate, Jianlong USA. 
Because the

[[Page 15241]]

non-bona fide sale was the only reported sale of subject merchandise 
during the POR, and thus there are no reviewable transactions on this 
record, we are preliminarily rescinding this NSR.\6\ Because the 
factual information used in our bona fides analysis of IMJ's sale 
involves business proprietary information, for a full discussion of the 
basis for our preliminary determination see the Bona Fide Sales 
Analysis Memorandum.
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    \5\ See Memorandum from Cara Lofaro and Brandon Farlander, 
International Trade Analysts, Office IV AD/CVD Operations, to 
Abdelali Elouaradia, Director, Office IV, AD/CVD Operations entitled 
``2014-2015 Antidumping Duty New Shipper Review of Xanthan Gum From 
the People's Republic of China: Preliminary Bona Fide Sales Analysis 
for Inner Mongolia Jianlong Biochemical Co., Ltd.'' dated 
concurrently with and hereby adopted by this notice (``Bona Fide 
Sales Analysis Memorandum'').
    \6\ See 19 CFR 351.213(d)(3).
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of review.\7\ 
Rebuttals to case briefs may be filed no later than five days after the 
briefs are filed. All rebuttal comments must be limited to comments 
raised in the case briefs.\8\
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    \7\ See 19 CFR 351.309(c).
    \8\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\9\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\10\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 18022, and stamped with the date and time of receipt by 5 p.m. 
ET on the due date.\11\
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department intends to issue the final results of this NSR, 
which will include the results of its analysis of issues raised in any 
briefs received, no later than 90 days after the date these preliminary 
results of review are issued pursuant to section 751(a)(2)(B) of the 
Act.

Assessment Rates

    If the Department proceeds to a final rescission of IMJ's NSR, the 
assessment rate to which IMJ's shipments will be subject will not be 
affected by this review. However, the Department initiated an 
administrative review of the antidumping duty order on xanthan gum from 
the PRC covering numerous exporters, including IMJ, for the period of 
July 1, 2014 through June 30, 2015, which is the period covered by this 
NSR.\12\ Thus, if the Department proceeds to a final rescission, we 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend subject merchandise exported by IMJ and entered into the 
United States during the period July 1, 2014 through June 30, 2015 
until CBP receives instructions relating to the administrative review 
of this order covering that period.
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    \12\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 53106-53111 (September 2, 2015).
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    If the Department does not proceed to a final rescission of this 
new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate 
importer-specific (or customer-specific) assessment rates based on the 
final results of this review. However, pursuant to the Department's 
refinement to its assessment practice in NME cases,\13\ for entries 
that were not reported in the U.S. sales database submitted by IMJ, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate.
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    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of IMJ's subject merchandise. If the Department proceeds to a 
final rescission of this NSR, the cash deposit rate will continue to be 
the PRC-wide rate for IMJ because the Department will not have 
determined an individual margin of dumping for IMJ. If the Department 
issues final results for this NSR, the Department will instruct CBP to 
collect cash deposits, effective upon the publication of the final 
results, at the rates established therein.

Notification to Importers

    This notice also 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 review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

     Dated: March 15, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Sections in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Conclusion

[FR Doc. 2016-06423 Filed 3-21-16; 8:45 am]
 BILLING CODE 3510-DS-P