[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Notices]
[Pages 65143-65145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27426]
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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
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Discontinuation of Antidumping Duty
Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Meihua
Group International Trading (Hong Kong) Limited, Langfang Meihua
Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd.
(collectively, Meihua) did not make sales of subject merchandise below
normal value. Furthermore, we have discontinued the review with respect
to Neimenggu Fufeng Biotechnologies Co., Ltd. (a.k.a. Inner Mongolia
Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co.,
Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, Fufeng).
The period of review (POR) is July 1, 2016, through June 30, 2017.
DATES: Applicable December 19, 2018.
FOR FURTHER INFORMATION CONTACT: Eli Lovely or Aleksandras Nakutis, 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) 482-1593 and (202)
482-3147, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published its Preliminary Results on August 14, 2018.\1\
Although Commerce calculated an antidumping duty margin for Fufeng in
the Preliminary Results, we are discontinuing this review, with respect
to Fufeng, as a result of the Court of International Trade's (CIT)
final court decision in CP Kelco US, Inc. v. United States.\2\ On
September 20, 2018, Fufeng and Tate and Lyle submitted case briefs.\3\
No other interested party filed comments.
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\1\ See Xanthan Gum from the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review,
and Preliminary Determination of No Shipments; 2016-2017, 83 FR
40229 (August 14, 2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See CP Kelco US, Inc. v. United States, Slip Op. 18-120 (CIT
Sept. 17, 2018)(CP Kelco US); see also Xanthan Gum from the People's
Republic of China: Notice of Court Decision Not in Harmony With
Amended Final Determination in Less Than Fair Value Investigation;
Notice of Amended Final Determination Pursuant to Court Decision;
Notice of Revocation of Antidumping Duty Order in Part; and
Discontinuation of Fourth and Fifth Antidumping Duty Administrative
Reviews in Part, 83 FR 52205 (October 16, 2018) (Xanthan Gum
Timken).
\3\ See letter from Tate and Lyle, re: ``Xanthan Gum from
China--Tate & Lyle Case Brief,'' dated September 20, 2018; see also
letter from Fufeng, re: ``Fufeng Case Brief in the Fourth
Administrative Review of Antidumping Duty Order on Xanthan Gum from
the People's Republic of China (A-570-985),'' dated September 20,
2018.
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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 of the United States at subheading
3913.90.20. Although this tariff classification is provided for
convenience and customs purposes, the written description remains
dispositive.\4\
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\4\ For the full text of the scope of the order, see Memorandum,
``Issues and Decision Memorandum for the Final Results of the
Antidumping Duty Administrative Review: Xanthan Gum from the
People's Republic of China; 2016-2017,'' (Issues and Decision
Memorandum), dated concurrently with this notice.
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Analysis of Comments Received
We addressed issues raised in the case briefs submitted by parties
in this review in the Issues and Decision Memorandum, which is hereby
adopted by this notice. As the review is being discontinued with
respect to Fufeng, Commerce considers all issues raised concerning
Fufeng moot and has not addressed them in the Issues and Decision
Memorandum, with the exception of one issue raised. Appendix I to this
notice provides the issue which parties raised, and that Commerce
considered. 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
it is available to all parties in the Central Records Unit of the main
Department of Commerce building, Room B8024. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at http://enforcement.trade.gov/frn/. The signed Issues
and Decision Memorandum and the electronic version are identical in
content.
Changes Since the Preliminary Results
As discussed above, we are discontinuing the review with respect to
Fufeng. Because we are discontinuing the review with respect to Fufeng,
the dumping margin assigned to separate-rate respondents has changed
since the Preliminary Results.
Separate Rates
In the Preliminary Results, we found that Fufeng, Meihua, CP Kelco
(Shandong) Biological Company Limited (CP Kelco), Deosen Biochemical
Ltd./Deosen Biochemical (Ordos) Ltd. (collectively Deosen), and
Shanghai Smart Chemicals Co., Ltd. (Shanghai Smart) demonstrated their
eligibility for a separate rate, but that the non-individually examined
respondent,
[[Page 65144]]
Hebei Xinhe Biochemical Co., Ltd., did not demonstrate its eligibility
for a separate rate because it failed to file a separate rate
application or a separate rate certification.\5\ Thus, Commerce treated
Hebei Xinhe Biochemical Co., Ltd. as part of the China-wide entity. No
parties commented on our preliminary separate rate determinations. For
the final results of review, we have decided to continue to grant
Meihua, CP Kelco, Deosen, and Shanghai Smart separate rates status. We
are discontinuing the review with respect to Fufeng.
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\5\ See Preliminary Results, 83 FR at 40230.
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Final Determination of No Shipments
In the Preliminary Results, Commerce found that A.H.A.
International Co., Ltd. (AHA), and Jianlong Biotechnology Co., Ltd.
(Jianlong) (previously known as Inner Mongolia Jianlong Biochemical
Co., Ltd. (IMJ)) had no shipments and, therefore, no reviewable
transactions during the POR.\6\ No parties commented on this
determination. For the final results of review, we continue to find
that these companies had no shipments during the POR.
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\6\ Id.
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Partial Discontinuation of Antidumping Duty Administrative Review
On September 17, 2018, the CIT issued a final decision sustaining
Commerce's remand redetermination wherein Fufeng's weighted-average
dumping margin from the AD investigation of xanthan gum from the China
changed from 8.69 percent to 0.00 percent.\7\ As a result of the CIT's
final court decision and Fufeng's exclusion from the AD order on
xanthan gum from China, Commerce is discontinuing the review of Fufeng,
during the pendency of the appeals process, because Fufeng is no longer
subject to the order.\8\ The CIT's decision was appealed to the United
States Court of Appeals for the Federal Circuit (CAFC) on November 7,
2018.\9\
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\7\ See CP Kelco US, 2018 WL 4469912, at *2.
\8\ See Xanthan Gum Timken at 83 FR 52205.
\9\ See CAFC Notice of Docketing, CP Kelco US. Inc. v. United
States, Case No. 19-1207, dated November 15, 2018.
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Dumping Margin for Non-Individually Examined Respondents Granted
Separate Rate Status
The statute and Commerce's regulations do not address what rate to
apply to respondents not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for non-selected respondents that are not examined individually in
an administrative review. Section 735(c)(5)(A) of the Act states that
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually-examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available. Where the rates for the individually examined companies are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all others rate. Because we preliminarily
calculated a weighted-average dumping margin for Meihua of zero
percent, and we are discontinuing the review with respect to Fufeng, we
assigned a dumping margin equal to zero percent to individual separate
rate respondents not selected for examination, which is based solely on
Meihua's weighted-average dumping margin of zero percent.
Final Results of Administrative Review
We determine that the following weighted-average dumping margin
exists for the POR:
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Weighted-average
Exporter dumping margins
(percentage)
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Meihua Group International Trading (Hong Kong) 0.00
Limited/Langfang Meihua Biotechnology Co.,
Ltd./Xinjiang Meihua Amino Acid Co., Ltd......
CP Kelco (Shandong) Biological Company Limited. 0.00
Deosen Biochemical Ltd./Deosen Biochemical 0.00
(Ordos) Ltd...................................
Shanghai Smart Chemicals Co., Ltd.............. 0.00
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the publication date of the final results of this review. We intend to
instruct CBP to liquidate POR entries of subject merchandise from
Meihua, CP Kelco (Shandong), Deosen, and Shanghai Smart without regard
to antidumping duties.\10\ Furthermore, in accordance with the Xanthan
Gum Timken, we intend to instruct CBP to continue to suspend POR
entries of subject merchandise produced and exported by Fufeng at a
rate of 0.00 percent during the pendency of the appeals process.\11\
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\10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\11\ See Xanthan Gum Timken at 83 FR 52206.
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For entries that were not reported in the U.S. sales database
submitted by an exporter individually examined during this review, but
that entered under the case number of that exporter (i.e., at the
individually-examined exporter's cash deposit rate), Commerce will
instruct CBP to liquidate such entries at the China-wide rate (i.e.,
154.07 percent). Additionally, if Commerce determines that an exporter
under review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number will be
liquidated at the China-wide rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective for
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) For the exporters listed in the table above, the cash deposit
rate will be the rate established in the final results of review that
is listed for the exporter in the table; (2) for previously
investigated or reviewed China and non-China exporters not listed in
the table above
[[Page 65145]]
that have separate rates, the cash deposit rate will continue to be the
existing exporter-specific rate published for the most recent period;
(3) for all China exporters of subject merchandise that have not been
found to be entitled to a separate rate, the cash deposit rate will be
the rate previously established for the China-wide entity, which is
154.07 percent; and (4) for all non-China exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the China exporter that supplied
that non-China exporter. The cash deposit requirements, when imposed,
shall remain in effect until further notice. Furthermore, in accordance
with the Xanthan Gum Timken, we intend to instruct CBP to continue to
suspend POR entries of subject merchandise, produced and exported by
Fufeng, at a cash deposit rate of 0.00 percent during the pendency of
the appeals process.\12\
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\12\ See Xanthan Gum Timken at 83 FR 52206.
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to 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
this segment 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 these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and 777(i)
of the Act.
Dated: December 12, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issue
A. Comment 1: Dumping Margin for Third-Country Exporters of
Fufeng's Xanthan Gum
[FR Doc. 2018-27426 Filed 12-18-18; 8:45 am]
BILLING CODE 3510-DS-P