[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Pages 64831-64833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25536]
-----------------------------------------------------------------------
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 and Final Determination of No
Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
companies under review did not make sales of subject merchandise below
normal value during the period of review (POR) July 1, 2017 through
June 30, 2018.
DATES: Applicable November 25, 2019.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Thomas Hanna,
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) 482-3147 and (202)
482-0835, respectively.
SUPPLEMENTARY INFORMATION:
Background
After Commerce published the Preliminary Results on June 10,
2019,\1\ interested parties commented on those results. For details
regarding the events that occurred subsequent to the Preliminary
Results, see the Issues and Decision Memorandum.\2\ Commerce conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\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; 2017-2018, 84 FR
26813 (June 10, 2019) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum ``Issue and Decision Memorandum for the Final
Results of the Antidumping Duty Administrative Review: Xanthan Gum
from the People's Republic of China; 2017-2018,'' (Issues and
Decision Memorandum), dated concurrently with this notice.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is dry xanthan gum, whether or
not coated or blended with other products, from China. For a complete
description of the scope of this order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
submitted by interested parties in the Issues and Decision Memorandum,
which is hereby adopted by this notice. The Appendix to this notice
provides a list of sections in the Issues and Decision Memorandum as
well as a list of the issues which parties raised. 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 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
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we have corrected
a ministerial error that occurred in determining the surrogate value
for Deosen's cornstarch.\3\ We have made no other changes to the
Preliminary Results.
---------------------------------------------------------------------------
\3\ See Issues and Decision Memorandum at Comment 5.
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, we found that Meihua Group
International Trading (Hong Kong) Limited, Langfang Meihua
Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd.
[[Page 64832]]
(collectively, Meihua), Deosen Biochemical (Ordos) Ltd./Deosen
Biochemical Ltd. (collectively, Deosen) and CP Kelco (Shandong)
Biological Company Limited (CP Kelco (Shandong) demonstrated their
eligibility for separate-rate status, but that Hebei Xinhe Biochemical
Co., Ltd. and A.H.A. International Co., Ltd. did not demonstrate their
eligibility for separate-rate status because both failed to file a
separate rate application or a separate rate certification.\4\ Thus,
Commerce treated Hebei Xinhe Biochemical Co., Ltd. and A.H.A.
International Co., Ltd. as part of the China-wide entity. No parties
commented on these determinations. For the final results of review, we
continue to grant Meihua, Deosen, and CP Kelco (Shandong) separate-rate
status and deny Hebei Xinhe Biochemical Co., Ltd. and A.H.A.
International Co., Ltd. separate-rate status.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 84 FR at 26814.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we found that Jianlong Biotechnology
Co., Ltd. (Jianlong) (previously known as Inner Mongolia Jianlong
Biochemical Co., Ltd. (IMJ)) and Shanghai Smart Chemicals Co., Ltd.
(Shanghai Smart) had no shipments of subject merchandise to the United
States during the POR and, therefore, no reviewable transactions during
the POR.\5\ No parties commented on these determinations. For the final
results of review, we continue to find that these companies had no
shipments during the POR.
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
Dumping Margin for Non-Individually Examined Respondents Granted
Separate Rate Status
The statute and Commerce's regulations do not address the rate to
apply to respondents not selected for individual examination in an NME
administrative review who are eligible for a separate rate 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 a market economy investigation, for guidance when
calculating the rate for non-selected respondents that are not examined
individually in an NME administrative review but are eligible for a
separate rate. Section 735(c)(5)(A) of the Act provides 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. When
the rates for 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. After making the change described above, both
mandatory respondents, Meihua and Deosen, have a calculated weighted-
average dumping margin of zero percent. As such, we assigned a dumping
margin equal to zero percent to the separate rate recipients not
selected for examination.
Final Results of Administrative Review
We determine that the following weighted-average dumping margin
exists for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margins
(percentage)
------------------------------------------------------------------------
Deosen Biochemical Ltd./Deosen Biochemical (Ordos) 0.00
Ltd.................................................
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
------------------------------------------------------------------------
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. Because
Meihua, Deosen, and CP Kelco (Shandong)'s weighted-average dumping
margin is zero percent, we intend to instruct CBP to liquidate
appropriate entries from these companies without regard to antidumping
duties.\6\
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
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), we will instruct
CBP to liquidate such entries at the China-wide rate (i.e., 154.07
percent). Additionally, where we determined that an exporter under
review had no shipments of the subject merchandise to the United States
during the POR, any suspended entries that entered during the POR under
that exporter's case number will be liquidated at the China-wide rate.
Although Commerce discontinued the instant review with respect to
Inner Mongolia Fufeng Biotechnologies Co., Ltd./Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies
Co., Ltd.) (Neimenggu Fufeng)/Shandong Fufeng Fermentation Co., Ltd.
(Shandong Fufeng)/Xinjiang Fufeng Biotechnologies Co., Ltd. (Xinjiang
Fufeng) (collectively, Fufeng), as a result of litigation before the
U.S. Court of International Trade,\7\ the suspension of liquidation
must continue during the pendency of the appeals process for that
litigation. Therefore, we will not issue liquidation instructions for
POR entries of subject merchandise produced and exported by Fufeng
until the appeals process has concluded.
---------------------------------------------------------------------------
\7\ See 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,
52206 (October 16, 2018).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
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 that is listed for the exporter in the table
above;
[[Page 64833]]
(2) for previously investigated or reviewed China and non-China
exporters not listed in the table above that have a separate rate, 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.
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(a)(3), 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: November 18, 2019.
Jeffrey I. Kessler,
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 The Issues
Comment 1: Commerce Should Make No Changes to the Calculations
Not Raised in the Case Briefs of the Parties to the Review
Comment 2: Commerce Should Not Deduct from the U.S. Price Any
Amount for Value-Added Tax
Comment 3: Whether Commerce Should Modify Customs Instructions
Comment 4: Commerce Should Include Reported Energy Factors of
Production in its Normal Value Calculation
Comment 5: Commerce Incorrectly Valued Cornstarch
Comment 6: Commerce Should Accept Green Health International's
Separate Rate Application
V. Conclusion
[FR Doc. 2019-25536 Filed 11-22-19; 8:45 am]
BILLING CODE 3510-DS-P