[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8165-8167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02298]
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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, Partial Rescission of the
Antidumping Duty Administrative Review, and Final Determination of No
Shipments; 2021-2022
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) and
Meihua Group International Trading (Hong Kong) Limited, Langfang Meihua
Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd.
(collectively, Meihua) sold xanthan gum from the People's Republic of
China (China) at less than normal value during the period of review
(POR), July 1, 2021, through June 30, 2022. Additionally, we find that
Jianlong Biotechnology Co., Ltd. (formerly, Inner Mongolia Jianlong
Biochemical Co., Ltd) (Jianlong), Deosen Biochemical (Ordos) Ltd./
Deosen Biochemical Ltd. (collectively, Deosen), and CP Kelco (Shandong)
Biological Company Limited (CP Kelco (Shandong)) have each demonstrated
that they are eligible for a separate rate. Further, Commerce is
rescinding this review with respect to Deosen USA, Inc. Commerce also
determines that three companies for which we initiated reviews had no
shipments during the POR.
DATES: Applicable February 6, 2024.
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 3, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ Commerce extended the
deadline for these final results by 60 days until January 30, 2024.\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(a) 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; 2021-2022, 88 FR
51286 (August 3, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated November 3, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Administrative Review of the
Antidumping Duty Order on Xanthan Gum from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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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 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 Beijing Rodia
Auto Sport Ltd. (Beijing Rodia), Zamp Inc. dba Z Sports (Z Sports), and
Shanghai Smart Chemicals Co. Ltd. (Shanghai Smart) did not have
shipments of subject merchandise during the POR.\5\ As we received no
information to contradict our preliminary determination with respect to
Beijing Rodia, Z Sports, and Shanghai Smart, we continue to find that
they made no
[[Page 8166]]
shipments of subject merchandise to the United States during the POR.
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\5\ See Preliminary Results, 88 FR at 51286.
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We received no comments regarding our preliminary finding that
Deosen Biochemical Ltd. had reviewable transactions during the POR.\6\
Accordingly, we continue to find that Deosen Biochemical Ltd. had
reviewable transactions and is subject to this administrative
review.\7\
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\6\ 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), and accompanying PDM at 6 (citing Memorandum,
``Deosen Biochemical Ltd. and Deosen Biochemical (Ordos) Ltd.
Affiliation and Single Entity Status,'' dated June 4, 2019,
unchanged in Xanthan Gum from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2017-2018, 84 FR 64831 (November 25,
2019)).
\7\ See Deosen Biochemical Ltd.'s Letter, ``Separate Rate
Application,'' dated October 7, 2022.
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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 dumping margin calculation
for Fufeng, Meihua, and three other companies/company groups listed in
the ``Final Results of Review'' section, below. For further discussion
of these changes, see the Issues and Decision Memorandum.
Partial Rescission of Administrative Review
Consistent with 19 CFR 351.213(d), Commerce is rescinding this
review, in part, with respect to Deosen USA, Inc.
Separate Rates
No parties commented on our preliminary separate rate
determination. Therefore, we have continued to grant separate rate
status to Fufeng, Meihua, and three other companies/company groups
listed in the ``Final Results of Review'' section, below. Additionally,
consistent with the Preliminary Results, we have continued to deny
separate rate status to the following companies: A.H.A. International
Co., Ltd.; East Chemsources Ltd.; Foodchem Biotech Co., Ltd.;
Greenhealth International Co., Ltd. (Hong Kong); Guangzhou Zio Chemical
Co., Ltd.; Hangzhou Yuanjia Chemical Co., Ltd.; Hebei Xinhe Biochemical
Co., Ltd.; H&H International Forwarders Co.; Nanotech Solutions SDN
BHD; Powertrans Freight Systems, Inc.; Qingdao Yalai Chemical Co.,
Ltd.; Shanghai Tianjia Biochemical Co., Ltd.; Shanxi Reliance Chemicals
Co., Ltd.; The TNN Development Ltd.; The TNN Development USA Inc.;
Unionchem Corp. Ltd.; Wanping Bio Chem Co., Ltd.; and Weifang Hongyuan
Chemical Co., Ltd.\8\
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\8\ See Preliminary Results PDM at 13.
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Rate for Non-Examined Separate Rate Respondents
The statue 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. 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.
We calculated a 2.90 percent dumping margin for one of the
mandatory respondents in this review, Fufeng, and a 20.63 percent
dumping margin for the other mandatory respondent, Meihua. Therefore,
we assigned the separate rate respondents, Jianlong, Deosen, and CP
Kelco (Shandong), a dumping margin equal to the weighted average of the
dumping margins for Fufeng and Meihua, consistent with the guidance in
section 735(c)(5)(A) of the Act.\9\
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\9\ See the Issues and Decision Memorandum at Comment 10 and
Memorandum, ``Final Calculation of the Dumping Margin for
Respondents Not Selected for Individual Examination,'' dated
concurrently with, and hereby adopted by, this notice for the
discussion of this issue.
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Final Results of Review
We determine that the following dumping margins exist for the
period July 1, 2021, through June 30, 2022:
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Weighted-average
Exporter dumping margin
(percent)
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Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 2.90
Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
Shandong Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd....................
Meihua Group International Trading (Hong Kong) 20.63
Limited/Langfang Meihua Biotechnology Co., Ltd./
Xinjiang Meihua Amino Acid Co., Ltd................
Jianlong Biotechnology Co., Ltd. (formerly, Inner 3.87
Mongolia Jianlong Biochemical Co., Ltd)............
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical 3.87
Ltd................................................
CP Kelco (Shandong) Biological Company Limited...... 3.87
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Disclosure
Pursuant to 19 CFR 351.224(b), we will disclose the calculations we
performed for these final results to the parties to this proceeding
within five days of the publication of this notice in the Federal
Register.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), 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 publication date of these final results
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 and Meihua, 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
[[Page 8167]]
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.\10\ 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 importer by
the total quantity of those sales. Commerce will calculate an estimated
ad valorem importer-specific assessment rate to determine whether the
per-unit assessment rate is de minimis (i.e., 0.50 percent or below);
however, Commerce will use the per-unit assessment rate where entered
values were not reported.\11\ 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.\12\
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\10\ See 19 CFR 351.212(b)(1).
\11\ Id.
\12\ See 19 CFR 351.106(c)(2).
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For entries submitted by an exporter individually examined during
this review that were not reported in the U.S. sales database, 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).\13\
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\13\ See Order, 78 FR at 43144.
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For respondents not individually examined in this administrative
review that qualified for a separate rate (i.e., Jianlong, Deosen, and
CP Kelco (Shandong)), the assessment rate will be the weighted average
of the dumping margin assigned to the mandatory respondents (i.e.,
Fufeng and Meihua) in these final results of this review.
For the respondents not eligible for a separate rate 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 exported by these companies
during the POR.
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 entity rate.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, the cash deposit
requirements 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 will be as follows: (1)
for the exporters listed in the table above, the cash deposit rate will
be the rate indicated; (2) for previously investigated or reviewed
exporters of subject merchandise not listed in the table above that
have separate rates, the cash deposit rate will continue to be the most
recently published exporter-specific rate; (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 (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 of Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the 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
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility to
return or destroy proprietary information disclosed under an APO in
accordance with 19 CFR 351.305(a)(3). 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 subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing the final results of this review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: January 30, 2024.
Abdelali Elouaradia,
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. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Selected an Incorrect Surrogate
Value (SV) for Valuing Bean Pulp
Comment 2: Whether Commerce Double Counted Energy
Comment 3: Whether Commerce Should Have Selected Other Financial
Statements and Averaged Their Ratios
Comment 4: The Cohen's d Test
Comment 5: Whether Commerce Should Have Selected a Different
Source for Water SVs
Comment 6: Whether SAM HPRP Chemicals, Inc. d/b/a SAM Nutrition
(SAM) Provided Sufficient Record Evidence to Support Commerce's
Finding that SAM Was a Wholesaler of Domestic Like Product during
the POR
Comment 7: Whether SAM Acted to the Best of Its Ability to
Respond to Commerce's Questionnaires
Comment 8: Whether Commerce Should Exclude Deosen USA, Inc. from
the Review
Comment 9: Whether Commerce Should Rescind the Review with
Respect to Deosen Biochemical Ltd.
Comment 10: Whether Commerce Correctly Calculated the Separate
Rate
VI. Recommendation
[FR Doc. 2024-02298 Filed 2-5-24; 8:45 am]
BILLING CODE 3510-DS-P