[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Notices]
[Pages 16189-16191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06323]


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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; 2018-2019

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 during the period of review (POR) July 1, 2018, through 
June 30, 2019.

DATES: Applicable March 26, 2021.

FOR FURTHER INFORMATION CONTACT: Abdul Alnoor or Aleks 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) 482-4554 or (202) 482-3147, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    After Commerce published the Preliminary Results on November 23, 
2020,\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).
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    \1\ See Xanthan Gum from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review, 
and Partial Rescission; 2018-2019, 85 FR 74686 (November 23, 2020) 
(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; 2018-2019,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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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 of the scope 
is dispositive.\3\
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    \3\ For the full text of the scope of the order, see Issues and 
Decision Memorandum.
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
submitted by parties in this review in the Issues and Decision 
Memorandum. A list of the issues addressed in the Issues and Decision 
Memorandum is provided in the appendix to this notice. The Issues and 
Decision Memorandum is a public

[[Page 16190]]

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. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/.

Changes Since the Preliminary Results

    Other than revising certain customer/importer names in the 
liquidation instructions for Meihua, we made no changes since the 
Preliminary Results.

Separate Rates

    In the Preliminary Results, Commerce found that Meihua and CP Kelco 
(Shandong) Biological Company Limited (CP Kelco (Shandong)) 
demonstrated their eligibility for a separate rate.\4\ No parties 
commented on, nor did we receive information that contradicts, this 
preliminary determination. Thus, for the final results of review, we 
continued to grant Meihua and CP Kelco (Shandong) separate rate status.
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    \4\ See Preliminary Results, 85 FR at 74686.
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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 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 individually examined 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 determined for individually-examined 
respondents, excluding dumping margins that are zero, de minimis, or 
based entirely on facts available. When the dumping margins 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. Consistent with the Preliminary Results, because the 
dumping margin for the sole mandatory respondent, Meihua, is zero 
percent, we assigned a zero percent dumping margin to CP Kelco 
(Shandong).

Final Results of Administrative Review

    We are assigning the following dumping margins to the firms listed 
below for the period July 1, 2018, through June 30, 2019:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
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Meihua Group International Trading (Hong Kong)                      0.00
 Limited/Langfang Meihua Biotechnology Co., Ltd./
 Xinjiang Meihua Amino Acid Co., Ltd................
------------------------------------------------------------------------
        Review-Specific Rate Applicable to the Following Company
------------------------------------------------------------------------
CP Kelco (Shandong) Biological Company Limited......                0.00
------------------------------------------------------------------------

    We intend to disclose to parties the calculations performed in this 
review within five days of the date of publication of this notice, in 
accordance with 19 CFR 351.224(b).

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. 
Consistent with its recent notice,\5\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication). Because the dumping margins for Meihua and CP Kelco 
(Shandong) are zero, Commerce will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\6\
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    \5\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
    \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).
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    For entries that were not reported in Meihua's U.S. sales database, 
but the entries were made under Meihua's case number (i.e., entered at 
Meihua's cash deposit rate), Commerce will instruct CBP to liquidate 
such entries at the China-wide rate (i.e., 154.07 percent) (see 
``China-Wide Entity'' section below).

China-Wide Entity

    Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\7\ Under this 
policy, the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity, 
we did not review the entity in this segment of the proceeding. Thus, 
the China-wide entity's rate (i.e., 154.07 percent) did not change.
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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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 this 
notice in the Federal Register, 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 listed for the exporter in the table; (2) 
For previously investigated or reviewed China and non-China exporters 
not listed in the table above that have separate rates, the cash 
deposit rate will continue to be the existing exporter-specific rate 
published for the most

[[Page 16191]]

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. These 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, 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.

Notification to Interested Parties

    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: March 22, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
    Comment 1: Whether Commerce Should Have Granted C.P. Kelco 
Voluntary Respondent Status
    Comment 2: Whether Commerce Should Revise its Draft Liquidation 
Instructions
    Comment 3: Whether Commerce Should Continue to Deduct Section 
301 Duties from U.S. Sales Prices
V. Recommendation

[FR Doc. 2021-06323 Filed 3-25-21; 8:45 am]
BILLING CODE 3510-DS-P