[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Pages 48589-48590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20844]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Final Results of
the Expedited First Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this first sunset review, the Department of
Commerce (Commerce) finds that revocation of the antidumping duty order
on xanthan gum from the People's Republic of China (China) would be
likely to lead to continuation or recurrence of dumping, at the level
indicated in the ``Final Results of Sunset Review'' section of this
notice.
DATES: Applicable September 26, 2018.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4162 or (202) 482-5193,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 19, 2013, Commerce published in the Federal Register the
antidumping duty order on xanthan gum from China.\1\ On June 1, 2018,
Commerce published the notice of initiation of this sunset review of
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On June 15, 2018, and June 18, 2018, pursuant to
19 CFR 351.218(d)(1)(i), Commerce received timely and complete notices
of intent to participate in the sunset review from domestic producers
of xanthan gum, Archer Daniels Midland Company (ADM) and CP Kelco U.S.,
Inc. (CP Kelco), respectively.\3\ On July 2, 2018, pursuant to 19 CFR
351.218(d)(3)(i), ADM and CP Kelco filed a timely and adequate
substantive response.\4\ Commerce did not receive a substantive
response from any respondent interested party. As a result, pursuant to
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), we
conducted an expedited (120-day) first sunset review of the Order.
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\1\ 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) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 25436
(June 1, 2018).
\3\ See Letter from ADM to Commerce re, ``Five-Year (``Sunset'')
Review Of Antidumping Duty Order On Xanthan Gum From The People's
Republic Of China/Domestic Industry Notice Of Intent To Participate
In Sunset Review,'' dated June 15, 2018, and Letter from CP Kelco to
Commerce re, ``Xanthan Gum from the People's Republic of China: CP
Kelco U.S., Inc.'s Notice Of Intent To Participate,'' dated June 18,
2018.
\4\ See Letter from ADM and CP Kelco to Commerce re, ``Five-Year
(Sunset) Review of Antidumping Duty Order On Xanthan Gum From the
People's Republic of China/Domestic Industry Substantive Response,''
dated July 2, 2018 (ADM and CP Kelco Substantive Response).
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Scope of the Order
The product covered by the Order includes dry xanthan gum, whether
or not coated or blended with other products. 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 the Order is classified in the
Harmonized Tariff Schedule of the United States at subheading
3913.90.20.15. This tariff classification is provided for convenience
and
[[Page 48590]]
customs purposes; however, the written description of the scope is
dispositive.\5\
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\5\ For the complete scope language, see ``Issues and Decision
Memorandum for the Expedited First Sunset Review of the Antidumping
Duty Order on Xanthan Gum from the People's Republic of China,''
(Issues and Decision Memorandum), dated concurrently with and hereby
adopted by this notice.
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Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
specifically the likelihood of continuation or recurrence of dumping
and the magnitude of the margin likely to prevail if the Order were to
be revoked, is provided in the accompanying Issues and Decision
Memorandum, which is hereby adopted by this notice.\6\ The Issues and
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 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 at http://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
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\6\ See Issues and Decision Memorandum.
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we
determine that revocation of the Order would likely lead to
continuation or recurrence of dumping, and that the magnitude of the
dumping margins likely to prevail would be weighted-average dumping
margins up to 154.07 percent.\7\
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\7\ See Xanthan Gum from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 78 FR 33351 (June 4,
2013) (Final Determination), unchanged in 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) (Order).
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Notification Regarding Administrative Protective Orders
This notice serves as the only 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. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders 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 the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: September 19, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-20844 Filed 9-25-18; 8:45 am]
BILLING CODE 3510-DS-P