[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Pages 9861-9863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03157]


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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 and Final Determination of No 
Shipments; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng 
Biotechnologies Co., Ltd.), Shandong Fufeng Fermentation Co., Ltd., and 
Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, Fufeng) sold 
xanthan gum from the People's Republic of China (China) at less than 
normal value during the period of review (POR), July 1, 2020, through 
June 30, 2021. Additionally, we find that Meihua Group International 
Trading (Hong Kong) Limited, Langfang Meihua Biotechnology Co., Ltd., 
and Xinjiang Meihua Amino Acid Co., Ltd. (collectively, Meihua), 
Jianlong Biotechnology Co., Ltd. (formerly, Inner Mongolia Jianlong 
Biochemical Co., Ltd) (Jianlong), and Deosen Biochemical (Ordos) Ltd., 
Deosen Biochemical Ltd. (collectively, Deosen) have each demonstrated 
that they are eligible for a separate rate. Additionally, Commerce 
determines that a company for which we initiated a review had no 
shipments during the POR.

DATES: Applicable February 15, 2023.

FOR FURTHER INFORMATION CONTACT: Reginald Anadio, 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) 482-3166.

SUPPLEMENTARY INFORMATION: 

Background

    On August 5, 2022, Commerce published the Preliminary Results and 
invited interested parties to comment on

[[Page 9862]]

those results.\1\ Commerce extended the deadline for the final results 
by 60 days until February 1, 2023.\2\ For details regarding the events 
that occurred subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\3\ 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, 
Partial Rescission of the Antidumping Duty Administrative Review, 
and Preliminary Determination of No Shipments; 2020-2021, 87 FR 
47970 (August 5, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
the 2020-2021 Antidumping Duty Administrative Review,'' dated 
October 31, 2022.
    \3\ See Memorandum ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Antidumping Duty Administrative 
Review of Xanthan Gum from the People's Republic of China,'' (Issues 
and Decision Memorandum), dated concurrently with, and hereby 
adopted by, this notice.
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Scope of the Order 4
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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).
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    The product covered by the Order includes dry xanthan gum, whether 
or not coated or blended with other products. For a full description of 
the scope of the Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is provided 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Shanghai Smart 
Chemicals Co. Ltd. did not have shipments of subject merchandise during 
the POR.\5\ As we received no information to contradict our preliminary 
determination with respect to Shanghai Smart Chemicals Co. Ltd., we 
continue to find that it made no shipments of subject merchandise to 
the United States during the POR.
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    \5\ See Preliminary Results.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average margin calculation for 
Fufeng and three other companies/company groups listed below.\6\
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    \6\ See Issues and Decision Memorandum.
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Separate Rates

    No parties commented on our preliminary separate rate 
determination. Therefore, we have continued to grant Fufeng (the sole 
mandatory respondent) and three other companies/company groups listed 
in the ``Final Results of Review'' section below separate rate status. 
However, we have continued to deny separate rate status to Nanotech 
Solutions SDN BHD.

Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results, we determined that Meihua, Jianlong, 
and Deosen demonstrated their eligibility for a separate rate. We 
received no comment or argument since the issuance of the Preliminary 
Results that provide a basis for reconsideration of this determination. 
Therefore, for these final results, we continue to find that Meihua, 
Jianlong, and Deosen are eligible for a separate rate.

Final Results of Review

    We are assigning the following dumping margins to the firms listed 
below for the period July 1, 2020, through June 30, 2021:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margins
                                                           (percent)
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Neimenggu Fufeng Biotechnologies Co., Ltd. (aka                    17.36
 Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
 Shandong Fufeng Fermentation Co., Ltd./Xinjiang
 Fufeng Biotechnologies Co., Ltd....................
Meihua Group International Trading (Hong Kong)                     17.36
 Limited/Langfang Meihua Biotechnology Co., Ltd./
 Xinjiang Meihua Amino Acid Co., Ltd................
Jianlong Biotechnology Co., Ltd. (formerly, Inner                  17.36
 Mongolia Jianlong Biochemical Co., Ltd)............
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical                 17.36
 Ltd................................................
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Disclosure

    Pursuant to 19 CFR 351.224(b), within five days of the publication 
of this notice in the Federal Register, we will disclose to the parties 
to this proceeding, the calculations that we performed for these final 
results of review.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise covered by the final results of this review. Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication date 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).
    For Fufeng, Commerce will calculate importer-specific assessment 
rates for antidumping duties, in accordance with 19 CFR 351.212(b)(1). 
Where the respondent reported reliable entered values, Commerce intends 
to calculate importer-specific ad valorem assessment rates by 
aggregating the amount of dumping calculated for all U.S. sales to the 
importer and dividing this amount by the total entered value of the 
merchandise sold to the importer.\7\ Where the respondent did not 
report entered values, Commerce will calculate importer-specific 
assessment rates by dividing the amount of dumping for reviewed sales 
to the imported by the total quantity of those sales. Commerce will 
calculate an

[[Page 9863]]

estimated ad valorem importer-specific assessment rate to determine 
whether the per-unit assessment rate is de minimis (i.e., 0.50 
percent); however, Commerce will use the per-unit assessment rate where 
entered values were not reported.\8\ Where an importer-specific ad 
valorem assessment rate is not zero or de minimis, Commerce will 
instruct CBP to collect the appropriate duties at the time of 
liquidation. Where either the respondent's weighted average dumping 
margin is zero or de minimis, or an importer-specific ad valorem 
assessment rate is zero or de-minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.
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    \7\ See 19 CFR 351.212(b)(1).
    \8\ Id.
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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 entity rate 
(i.e., 154.07 percent).\9\
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    \9\ See Order.
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    For respondents not individually examined in this administrative 
review that qualified for a separate rate (i.e., Meihua, Jianlong, and 
Deosen), the assessment rate will be the dumping margin assigned to the 
sole mandatory respondent (i.e., Fufeng) in the final results of this 
review.
    For the respondents not eligible for a separate rate and that are 
part of the China-wide entity, we intend to instruct CBP to apply an ad 
valorem assessment rate of 154.07 percent (i.e., the China-wide entity 
rate) to all entries of subject merchandise during the POR that were 
exported by these companies.
    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 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.

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.

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: February 1, 2023.
Lisa W. Wang,
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 Issues
    Comment 1: Whether Commerce Should Directly Value Energy Factors 
of Production (FOP) in Its Normal Value (NV) Calculation
    Comment 2: Whether Commerce Should Assign Facts Available for 
Fufeng's Supplier Distances
    Comment 3: Whether Commerce Should Allow and Assign a Cap for 
Certain By-Products
    Comment 4: Whether Commerce Should Correct Certain Clerical 
Errors in the Preliminary Results
    Comment 5: Whether Commerce Should Modify its Calculation of 
Ocean Freight Surrogate Value (SV)
    Comment 6: Whether Commerce Should Use Rani Transport Data 
Instead of World Bank's Doing Business Data for Calculating Truck 
Freight SV
    Comment 7: Whether Commerce Should Not Deduct Section 301 Duties 
From the U.S. Price
    Comment 8: Whether Commerce's Application of the Cohen's d Test 
is Unsupported by Substantial Evidence and Controlling Law
    Comment 9: Whether Commerce Should Analyze Meihua's Voluntary 
Response and Provide a Calculation for Meihua
V. Recommendation

[FR Doc. 2023-03157 Filed 2-14-23; 8:45 am]
BILLING CODE 3510-DS-P