[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26905-26907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10437]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Amended Final 
Results of Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the administrative review of the antidumping duty order on 
xanthan gum from the People's Republic of China (China) covering the 
period, July 1, 2016, through June 30, 2017, to include results 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).

DATES: Applicable May 18, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-0835.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on August 
14, 2018.\1\ On September 21, 2018, Fufeng,\2\ a mandatory respondent, 
and Tate and Lyle, a U.S. importer, filed case briefs.\3\

[[Page 26906]]

No other interested parties filed comments on the Preliminary Results 
of review.
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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\ Fufeng refers to the collapsed entity Neimenggu Fufeng 
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies 
Co., Ltd.) and Shandong Fufeng Fermentation, Co., Ltd. 
(collectively, Fufeng).
    \3\ See Fufeng's Letter, ``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; see also Tate and Lyle's Letter, ``Xanthan Gum from China--
Tate and Lyle Case Brief,'' dated September 20, 2018.
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    Pursuant to a series of remand orders and the Court of 
International Trade (CIT)'s final judgment regarding the underlying 
less-than-fair-value (LTFV) investigation, Commerce amended its final 
determination and prior amended final determination and Order and 
excluded merchandise produced and exported by Fufeng from the Order.\4\ 
Accordingly, on December 19, 2018, Commerce published the Final Results 
of this review, in which it discontinued the review of Fufeng during 
the pendency of the appeals process.\5\
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    \4\ 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); see also CP Kelco 
US, Inc. v. United States, Ct. No. 13-00288, Slip Op. 15-27 (CIT 
March 31, 2015); CP Kelco US, Inc. v. United States, Ct. No. 13-
00288, Slip Op. 16-36 (CIT April 8, 2016); CP Kelco US, Inc. v. 
United States, 211 F. Supp. 3d 1338 (CIT 2017); CP Kelco US, Inc. v. 
United States, Ct. No. 13-00288, Slip Op. 18-36 (CIT April 5, 2018); 
CP Kelco US, Inc. v. United States, Ct. No. 13-00288, Slip Op. 18-
120 (CIT September 17, 2018); and 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).
    \5\ See Xanthan Gum from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments, Partial Discontinuation of 
Antidumping Duty Administrative Review; 2016-2017, 83 FR 65143 
(December 19, 2018) (Final Results), and accompanying Issues and 
Decision Memorandum.
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    On February 10, 2020, the Court of Appeals for the Federal Circuit 
(CAFC) reversed the CIT's decision that resulted in the exclusion of 
Fufeng from the Order.\6\ Accordingly, Commerce issued a third amended 
final determination in the LTFV investigation of xanthan gum from 
China, in which it found Fufeng subject to the Order and announced its 
intention to resume the instant review of Fufeng.\7\ Commerce is now 
amending its final results of this administrative review by completing 
the administrative review with respect to Fufeng.
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    \6\ See CP Kelco US, Inc. v. United States, Neimenggu Fufeng 
Biotechnologies Co., Ltd., Shandong Fufeng Fermentation Co., Ltd., 
949 F.3d 1348 (Fed. Cir. 2020).
    \7\ See Xanthan Gum from the People's Republic of China: Notice 
of Third Amended Final Determination Pursuant to Court Decision, 85 
FR 40967 (July 8, 2020).
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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 the 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. Although this tariff classification is provided for 
convenience and customs purposes, the written description of the scope 
remains dispositive. \8\
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    \8\ For the full text of the scope of the Order, see the 
accompanying Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in Fufeng's case brief are addressed in the 
Issues and Decision Memorandum, which is hereby adopted by this notice. 
We have included a list of sections in the Issues and Decision 
Memorandum in the appendix to this notice. 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. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/inidex.html.

Changes Since the Preliminary Results

    We corrected certain ministerial errors and made other changes to 
our preliminary dumping margin calculations.

Amended Final Results of Review

    We are assigning the following calculated weighted-average dumping 
margin to the firm listed below for the period July 1, 2016, through 
June 30, 2017:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
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Neimenggu Fufeng Biotechnologies Co., Ltd. (a.k.a. Inner           0.00
 Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng
 Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies
 Co., Ltd..................................................
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Disclosure

    Commerce intends to disclose to the parties to the proceeding the 
calculations that it performed for these amended final results of 
review within five days of the date of publication of this notice in 
the Federal Register, 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)(1), we intend to instruct U.S. Customs and Border Protection 
(CBP) to liquidate POR entries of subject merchandise from Fufeng 
without regard to antidumping duties. For entries that were not 
reported in the U.S. sales database submitted by Fufeng, but that were 
entered under Fufeng's case number (i.e., at Fufeng's cash deposit 
rate), Commerce will instruct CBP to liquidate such entries at the 
China-wide rate (i.e., 154.07 percent).
    Consistent with its recent notice,\9\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of these amended final results of this review in the 
Federal Register. If a timely summons is filed at the CIT, 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).
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    \9\ 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).
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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 these 
amended final results of this review, as provided for by section 
751(a)(2)(C) of the Act: (1) For Fufeng, the cash deposit rate will be 
the weighted-average dumping margin percentage that is listed in the 
table above; (2) for previously investigated or reviewed China and non-
China

[[Page 26907]]

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 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 reimbursemet of 
antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification Regarding Administrative Protective Orders (APOs)

    This notice also serves as a reminder to parties subject to APOs 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 and publishing this notice of amended final results 
of administrative review in accordance with sections 751(a)(1) and 
777(i) of the Act ad 19 CFR 351.221(b)(5).

    Dated: May 10, 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. Changes Since the Preliminary Results of Review
V. Discussion of the Issues
    Comment 1: Ministerial Errors in the Margin Calculation
    Comment 2: Ministerial Errors in the Liquidation Instructions
    Comment 3: Surrogate Value for Sodium Hypochlorite
    Comment 4: Value Added Tax Deduction
VI. Recommendation

[FR Doc. 2021-10437 Filed 5-17-21; 8:45 am]
BILLING CODE 3510-DS-P