[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Pages 56299-56300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24705]
[[Page 56299]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-071, C-570-072]
Sodium Gluconate, Gluconic Acid, and Derivative Products From the
People's Republic of China: Antidumping Duty and Countervailing Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty (AD) and countervailing duty (CVD)
orders on sodium gluconate, gluconic acid, and derivative products (GNA
Products) from the People's Republic of China (China).
DATES: Applicable November 13, 2018.
FOR FURTHER INFORMATION CONTACT: Magd Zalok (AD) at (202) 482-4162 or
Robert Galantucci (CVD) at (202) 482-2923, AD/CVD Operations, Office
IV, Enforcement and Compliance, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on September 21, 2018, Commerce published
its affirmative final determination of sales at less than fair value
(LTFV) and its affirmative final determination that countervailable
subsidies are being provided to producers and exporters of GNA Products
from China.\1\ On October 31, 2018, the ITC notified Commerce of its
final affirmative determination that an industry in the United States
is materially injured by reason of LTFV imports and subsidized imports
of GNA Products from China, within the meaning of sections
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\
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\1\ See Sodium Gluconate, Gluconic Acid, and Derivative Products
from the People's Republic of China: Final Affirmative Determination
of Sales at Less Than Fair Value, 83 FR 47876 (September 21, 2018)
(AD Final Determination); Sodium Gluconate, Gluconic Acid and
Derivative Products from the People's Republic of China: Final
Affirmative Countervailing Duty Determination, 83 FR 47879
(September 21, 2018) (CVD Final Determination).
\2\ See Letter to Honorable Gary Taverman, Acting Assistant
Secretary of Commerce for Enforcement and Compliance, from David S.
Johanson, Chairman of the U.S. International Trade Commission,
regarding antidumping and countervailing duty investigations
concerning imports of Sodium Gluconate, Gluconic Acid, and
Derivative Products from the People's Republic of China
(Investigation Nos. 701-TA-590 and 731-TA-1397(Final)), dated
October 31, 2018 (ITC Letter).
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Scope of the Orders
The scope of the orders covers all grades of sodium gluconate,
gluconic acid, liquid gluconate, and glucono delta lactone (GDL)
(collectively GNA Products), regardless of physical form (including,
but not limited to substrates; solutions; dry granular form or powders,
regardless of particle size; or as a slurry). The scope also includes
GNA Products that have been blended or are in solution with other
product(s) where the resulting mix contains 35 percent or more of
sodium gluconate, gluconic acid, liquid gluconate, and/or GDL by dry
weight.
Sodium gluconate has a molecular formula of
NaC6H11O7. Sodium gluconate has a
Chemical Abstract Service (CAS) registry number of 527-07-1, and can
also be called ``sodium salt of gluconic acid'' and/or sodium 2, 3, 4,
5, 6 pentahydroxyhexanoate. Gluconic acid has a molecular formula of
C6H12O7. Gluconic acid has a CAS
registry number of 526-95-4, and can also be called 2, 3, 4, 5, 6
pentahydroxycaproic acid. Liquid gluconate is a blend consisting only
of gluconic acid and sodium gluconate in an aqueous solution. Liquid
gluconate has CAS registry numbers of 527-07-1, 526-95-4, and 7732-18-
5, and can also be called 2, 3, 4, 5, 6-pentahydroxycaproic acid-
hexanoate. GDL has a molecular formula of
C6H10O6. GDL has a CAS registry number
of 90-80-2, and can also be called d-glucono-1,5-lactone.
The merchandise covered by the scope of the orders is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 2918.16.1000, 2918.16.5010, and 2932.20.5020.
Merchandise covered by the scope may also enter under HTSUS subheadings
2918.16.5050, 3824.99.2890, and 3824.99.9295. Although the HTSUS
subheadings and CAS registry numbers are provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
Antidumping Duty Order
In accordance with section 735(d) of the Act, the ITC has notified
Commerce of its final determination that an industry in the United
States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of GNA Products that
are sold in the United States at LTFV. Therefore, in accordance with
section 735(c)(2) of the Act, we are publishing this antidumping duty
order. Because the ITC determined that imports of GNA Products from
China are materially injuring a U.S. industry, unliquidated entries of
such merchandise from China, entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties.
In accordance with section 736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by Commerce, antidumping duties equal to the amount by
which the normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise, for all relevant entries
of GNA Products from China. Antidumping duties will be assessed on
unliquidated entries of GNA Products from China entered, or withdrawn
from warehouse, for consumption on or after July 10, 2018, the date of
publication of the AD Preliminary Determination.\3\
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\3\ See Sodium Gluconate, Gluconic Acid, and Derivative Products
from the People's Republic of China: Preliminary Determination of
Sales at Less Than Fair Value, 83 FR 31949 (July 10, 2018).
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Continuation of Suspension of Liquidation (AD)
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from China. These instructions suspending liquidation will
remain in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amount indicated below. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determination, CBP
will require, at the same time as importers would normally deposit
estimated duties on this subject merchandise, a cash deposit equal to
the estimated weighted-average dumping margins listed below. Commerce
has made no adjustments to the antidumping cash deposit rate because
Commerce has made no findings in the countervailing duty investigation
that any of the programs are export subsidies.\4\
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\4\ See AD Final Determination, 83 FR at 47878.
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Estimated Weighted-Average Antidumping Duty Margin
The weighted-average antidumping duty margin is as follows:
[[Page 56300]]
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Weighted-
average
Exporter Producer dumping margin
(percent)
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Anhui Xingzhou Medicine Food Xiwang Pharmaceutical 213.15
Co., Ltd. Co., Ltd.
Anhui Xingzhou Medicine Food Zhucheng Shuguang 213.15
Co., Ltd. Biotech Co., Ltd.
China-wide Entity \5\ 213.15
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Countervailing Duty Order
In accordance with section 705(d) of the Act, the ITC notified
Commerce of its final determination that the industry in the United
States producing GNA Products is materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports
of GNA Products from China.\6\ Therefore, in accordance with section
705(c)(2) of the Act, we are publishing this countervailing duty order.
Because the ITC determined that imports of GNA Products from China are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from China, entered or withdrawn from warehouse for
consumption, are subject to assessment of countervailing duties.
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\5\ The China-wide Entity includes Dezhou Huiyang Biotechnology
Co., Ltd., Qingdao Dongxiao Enterprise Co., Ltd., Shandong Fuyang
Biotechnology Co., Ltd./Shandong Fuyang Biology Starch Co., Ltd.,
and Zhejiang Tianyi Food Additives Co., Ltd.
\6\ See ITC Letter.
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Commerce directed CBP to assess, upon further instruction by
Commerce, countervailing duties on unliquidated entries of GNA Products
entered, or withdrawn from warehouse, for consumption on or after May
23, 2018, the date of publication of the CVD Preliminary
Determination.\7\ However, section 703(d) of the Act states that the
suspension of liquidation pursuant to a preliminary determination may
not remain in effect for more than 120 days. Therefore, we instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, unliquidated entries of GNA
Products from China entered, or withdrawn from warehouse, for
consumption, on or after September 20, 2018, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register.
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\7\ See Sodium Gluconate, Gluconic Acid, and Derivative Products
from the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 83 FR 23888
(May 23, 2018).
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Suspension of Liquidation (CVD)
In accordance with section 706 of the Act, Commerce will instruct
CBP to suspend liquidation on all entries of GNA Products from China,
as further described below. These instructions suspending liquidation
will remain in effect until further notice. Commerce will also instruct
CBP to require cash deposits equal to the amounts as indicated below.
Accordingly, effective on the date of publication of the ITC's final
affirmative injury determination, CBP will require, at the same time as
importers would normally deposit estimated duties on this subject
merchandise, a cash deposit equal to the subsidy rates listed below.
The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate.
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Subsidy rate
Exporter/producer (percent)
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Qingdao Dongxiao Enterprise Co., Ltd.................... 194.67
Shandong Fuyang Biotechnology Co........................ 194.67
Shandong Kaison Biochemical Co Ltd...................... 194.67
Tongxiang Hongyu Chemical Co., Ltd...................... 194.67
All-Others.............................................. 194.67
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to GNA
Products from China pursuant to sections 736(a) and 706(a) of the Act.
Interested parties can find an updated list of orders currently in
effect by either visiting http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a),
736(a), and 19 CFR 351.211(b).
Dated: November 2, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-24705 Filed 11-9-18; 8:45 am]
BILLING CODE 3510-DS-P