[Federal Register Volume 90, Number 100 (Tuesday, May 27, 2025)]
[Notices]
[Pages 22240-22243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09451]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Neimenggu 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
Deosen Biochemical (Ordos) Ltd. (Deosen) sold xanthan gum from the
People's Republic of China (China) at less than normal value during the
period of review (POR), July 1, 2022, through June 30, 2023.
Additionally, we find that Jianlong Biotechnology Co., Ltd. (Jianlong)
and CP Kelco (Shandong) Biological Company Limited (CP Kelco
(Shandong)) are eligible for a separate rate. Commerce also determines
that two companies under review, Shanghai Smart Chemicals Co. Ltd.
(Shanghai Smart) and Deosen Biochemical Ltd., had no shipments during
the POR.
DATES: Applicable May 27, 2025.
[[Page 22241]]
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 23, 2024, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ Commerce extended the
deadline for these final results by 60 days until February 19, 2025.\2\
On December 9, 2024, Commerce tolled certain deadlines in this review
by 90 days.\3\ For details regarding the events that occurred
subsequent to the Preliminary Results, see the Issues and Decision
Memorandum.\4\ 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 Antidumping Duty Administrative Review,
Rescission, in Part, and Preliminary Determination of No Shipments;
2022-2023, 89 FR 68136 (August 23, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 2, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Xanthan Gum from the People's Republic of China; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order 5
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\5\ 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 Appendix I 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
and Deosen Biochemical Ltd. did not have shipments of subject
merchandise during the POR.\6\ As we received no information to
contradict our preliminary determination with respect to Deosen
Biochemical Ltd. and Shanghai Smart, we continue to find that they made
no shipments of subject merchandise to the United States during the
POR.
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\6\ See Preliminary Results, 89 FR at 68136.
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Changes Since the Preliminary Results
Based on a review of the record, findings at verification, and
comments received from interested parties regarding our Preliminary
Results, we made certain changes to the preliminary weighted-average
dumping margin calculation for Deosen. For further discussion of these
changes, see the Issues and Decision Memorandum.
Separate Rates
No parties commented on our preliminary separate rate
determinations. Therefore, we have continued to grant separate rate
status to Fufeng, Deosen, and two other companies/company groups,
Jianlong and CP Kelco (Shandong).
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 calculated for individually-examined
respondents, excluding dumping margins 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. In this
review, Commerce preliminarily found a zero rate for Fufeng. Therefore,
the only rate that is not zero, de minimis or based entirely on facts
otherwise available is the rate calculated for Deosen. Consequently, we
have assigned the separate rate respondents a rate equal to the
calculated weighted-average dumping margin for the mandatory respondent
whose rate was not zero, de minimis, or based entirely on facts
available (i.e., the weighted-average dumping margin for Deosen). This
approach is consistent with the intent of, and our use of, section
735(c)(5)(A) of the Act.\7\
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\7\ See, e.g., Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results and Final Partial
Rescission of Antidumping Duty Administrative Review, 76 FR 56158,
56160 (September 12, 2011).
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\8\ 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 in this review, the entity is not under review, and the
entity's rate (i.e., 154.07 percent) is not subject to change.\9\
Consistent with the Preliminary Results, we have continued to deny
separate rate status to the companies identified in Appendix II.\10\
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\8\ 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).
\9\ See Order, 78 FR at 43144.
\10\ See Appendix II; see also Preliminary Results PDM at 11.
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Final Results of Review
We determine that the following estimated dumping margins exist for
the period July 1, 2022, through June 30, 2023:
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\11\ Commerce continues to find that Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies
Co., Ltd.), Shandong Fufeng Fermentation Co., Ltd., and Xinjiang
Fufeng Biotechnologies Co., Ltd. are a single entity. See Xanthan
Gum from the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2013-2014, 80 FR 47464 (August 7, 2015), and
accompanying PDM at 6, unchanged in Xanthan Gum from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2013-2014, 82 FR 11428 (February 23, 2017).
\12\ We have previously referenced Jianlong Biotechnology Co.,
Ltd. as formerly Inner Mongolia Jianlong Biochemical Co., Ltd.
Although we initiated on both company names in this administrative
review, Inner Mongolia Jianlong Biotechnology Co., Ltd. did not file
a separate rate application or certification. Therefore, we
determine Inner Mongolia Jianlong Biotechnology Co., Ltd. is not
eligible for a separate rate for purposes of this review.
[[Page 22242]]
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Weighted-average
Exporter dumping margin
(percent)
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Deosen Biochemical (Ordos) Ltd...................... 6.46
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 0.00
Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
Shandong Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd.\11\...............
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Non-Individually Examined Companies Receiving a Separate Rate
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Jianlong Biotechnology Co., Ltd.\12\................ 6.46
CP Kelco (Shandong) Biological Company Limited...... 6.46
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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 Deosen, 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.\13\ 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.\14\ 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 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.\15\
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\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ See 19 CFR 351.106(c)(2).
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For Fufeng, because its final weighted-average dumping margin is
zero, Commerce will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.\16\
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\16\ Id.
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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).\17\
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\17\ 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., CP Kelco (Shandong)
and Jianlong), the assessment rate will be equal to the weighted-
average dumping margin assigned to the respondent (i.e., Deosen) in the
final results of this review.\18\
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\18\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in
Drawn Stainless Steel Sinks from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15,
2016).
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For the respondents not eligible for a separate rate, as listed in
Appendix II, 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, for the above companies for which we made final no
shipment determinations, 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
[[Page 22243]]
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an 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: May 20, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Changes to the Preliminary Results
VI. Discussion of the Issues
Comment 1: Whether Deosen USA's Entered Value Should be Used in
the Inventory Carrying Cost Calculation
Comment 2: Whether Deosen Used the Correct Product Name in its
U.S. Sales Database
Comment 3: Whether Deosen Reported Correct Ownership Information
for the POR
Comment 4: Whether Deosen Submitted a Correct Sales
Reconciliation for Deosen USA
Comment 5: Whether Deosen Properly Excluded a U.S. Sale from the
U.S. Sales Database
Comment 6: Whether Deosen Reported the Correct Date of Shipment
for its U.S. Sales
Comment 7: Whether Deosen Properly Reported Deosen USA's U.S.
Inland Freight from Toll Processor for Agglomeration to the
Warehouse
Comment 8: Whether Deosen Properly Reported its Accounting
System and Branch Office
Comment 9: Whether Deosen Properly Reported its Packing Inputs
Comment 10: Whether Deosen Properly Reported Caustic Soda in the
Production Process
Comment 11: Whether Commerce Should Adjust the Surrogate Value
for Coal
Comment 12: Whether Commerce Should Adjust the Surrogate Value
for Water
Comment 13: Whether Commerce Should Adjust the Surrogate Value
for Labor
Comment 14: Whether Commerce Should Accept Deosen's Supplier
Distances as Reported
Comment 15: Whether Commerce Should Reject Ajinomoto's Financial
Statement
Comment 16: Whether Commerce Properly Applied the Cohen's d Test
to Fufeng's U.S. Sales Database
Comment 17: Whether Commerce Should Deduct Certain Expenses from
Fufeng's U.S. Price
Comment 18: Whether Commerce Should Deduct 301 Duties from
Fufeng's U.S. Price
VII. Recommendation
Appendix II
Companies Determined To Be Part of the China-Wide Entity
(1) A.H.A International Co., Ltd.;
(2) East Chemsources Ltd.;
(3) Far East International Forwarding Company;
(4) Foodchem Biotech Pte. Ltd.;
(5) Greenhealth International Co., Ltd. (Hong Kong);
(6) Guangzhou Zio Chemical Co., Ltd.;
(7) Hangzhou Yuanjia Chemical Co., Ltd.;
(8) Hebei Xinhe Biochemical Co., Ltd.;
(9) Nanotech Solutions SDN BHD.;
(10) Pingxiang Omni Trading Co., Ltd.;
(11) Shaanxi Rainwood Biotech Co., Ltd.;
(12) Shanghai Tianjia Biochemical Co., Ltd.;
(13) Shanxi Reliance Chemicals Co., Ltd.;
(14) The TNN Development Limited;
(15) Tianjin Okay International Trading Co., Ltd.;
(16) Unibest Industrial Co., Ltd.; Unionchem Corp. Ltd.;
(17) Wanping Bio Chem Co., Ltd.;
(18) Weifang Hongyuan Chemical Co., Ltd.;
(19) Zhejiang Joston Machinery Company
[FR Doc. 2025-09451 Filed 5-23-25; 8:45 am]
BILLING CODE 3510-DS-P