[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56586-56587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20014]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') finds that the 
sale made by Inner Mongolia Jianlong Biochemical Co., Ltd. (``IMJ'') is 
a non-bona fide sale. Therefore, we are rescinding this new shipper 
review (``NSR'').

DATES: Effective August 22, 2016.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations,

[[Page 56587]]

Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0989.

SUPPLEMENTARY INFORMATION:

Background

    The Department published its Preliminary Results in this NSR on 
March 22, 2016.\1\ Subsequently, IMJ filed a case brief on May 15, 2016 
and CP Kelco U.S. (Petitioner) filed a rebuttal brief on May 16, 2016.
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    \1\ See Xanthan Gum From the People's Republic of China: 
Preliminary Rescission of 2014-2015 Antidumping Duty New Shipper 
Review, 81 FR 15240 (March 22, 2016) (``Preliminary Results''); see 
also Memorandum to Abdelali Elouaradia, Director, Office IV, AD/CVD 
Operations, from Cara Lofaro and Brandon Farlander, International 
Trade Analysts, 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 March 15, 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.\2\
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    \2\ For a complete description of the scope of the order, see 
the Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled 
``Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty New Shipper Review of Xanthan Gum from the People's 
Republic of China'' issued concurrently with and hereby adopted by 
this notice (``Issues and Decision Memorandum'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the Issues and Decision Memorandum.\3\ The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at http://access.trade.gov and in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content. A list of the issues which parties raised is attached to 
this notice as an Appendix.
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    \3\ Id.
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Rescission of New Shipper Review

    For the reasons explained in the Issues and Decision Memorandum, 
the Department continues to find that IMJ's one sale is a non-bona fide 
sale. Because the non-bona fide sale was the only reported sale of 
subject merchandise during the POR, and thus there are no reviewable 
transactions, the Department is rescinding this NSR.

Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for IMJ. IMJ remains part of the PRC-
wide entity and, accordingly, entries of its subject merchandise will 
be assessed at the PRC-wide rate.

Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSR of IMJ, the Department will instruct U.S. Customs and Border 
Protection to discontinue the option of posting a bond or security in 
lieu of a cash deposit for entries of subject merchandise from IMJ. IMJ 
continues to be part of the PRC-wide entity, and subject to the PRC-
wide entity rate of 154.07 percent.\4\ These cash deposit requirements 
shall remain in effect until further notice.
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    \4\ See Xanthan Gum From the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Duty Order, 78 FR 43143 (July 19, 2013).
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Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
Administrative Protective Order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in these segments of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.214.

    Dated: August 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues:
    Comment 1: Whether IMJ Met the Regulatory Requirements for 
Requesting a New Shipper Review
    Comment 2: Whether or not IMJ's Sale was a Bona Fide Sale
    Comment 3: IMJ's March 24, 2016 Submission
Recommendation

[FR Doc. 2016-20014 Filed 8-19-16; 8:45 am]
 BILLING CODE 3510-DS-P