[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74686-74688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25854]
[[Page 74686]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Preliminary
Results of the Antidumping Duty Administrative Review, and Partial
Rescission; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the exporters under review did not make sales of subject
merchandise at prices below normal value (NV) during the period of
review July 1, 2018 through June 30, 2019. We invite interested parties
to comment on these preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Abdul Alnoor,
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) 482-3147 and (202)
482-4554, respectively.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On July
1, 2019, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the antidumping duty
(AD) order on xanthan gum from the People's Republic of China
(China).\1\ Commerce published the notice of initiation of this
administrative review on September 9, 2019.\2\ On March 17, 2020,
Commerce extended the deadline for the preliminary results of this
review by a total of 120 days, to July 30, 2020.\3\ On April 24, 2020,
and July 21, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days and 60 days respectively, thereby extending the
deadline for these preliminary results of review until November 17,
2020.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 31295 (July 1, 2019).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242 (September 9, 2019).
\3\ See Memorandum to James Maeder, ``Antidumping Duty
Administrative Review of Xanthan Gum from the People's Republic of
China: Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review,'' dated March 17, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020; see
also Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order
The product covered by the order includes dry xanthan gum, whether
or not coated or blended with other products. 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 the order is classified in the
Harmonized Tariff Schedule of the United States at subheading
3913.90.20. This tariff classification is provided for convenience and
customs purposes; however, the written description of the scope is
dispositive. A full description of the scope of the order is contained
in the Preliminary Decision Memorandum.\5\
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\5\ See ``Decision Memorandum for the Preliminary Results in the
Sixth Antidumping Duty Administrative Review of Xanthan Gum from the
People's Republic of China,'' (Preliminary Decision Memorandum),
dated concurrently with, and hereby adopted by, this notice.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices for the mandatory
respondent Meihua Group International Trading (Hong Kong) Limited,
Langfang Meihua Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid
Co., Ltd. (collectively Meihua) \6\ in accordance with section 772 of
the Act. Because China is a non-market economy (NME) country within the
meaning of section 771(18) of the Act, we calculated NV in accordance
with section 773(c) of the Act.
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\6\ Consistent with prior segments of this proceeding, we have
continued to treat these companies as a single entity pursuant to 19
CFR 351.401(f)(1)-(2). For additional information, see the
Preliminary Decision Memorandum.
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For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. The Preliminary 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 Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content. A list of topics included in the Preliminary
Decision Memorandum is provided in the Appendix to this notice.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraws their request(s) within 90 days of
the publication date of the notice of initiation of the requested
review. Between September 15, 2019 and December 9, 2019, parties timely
withdrew their requests for an administrative review of A.H.A.
International Co., Ltd.; Deosen Biochemical (Ordos) Ltd./Deosen
Biochemical Ltd.; Green Health International; Greenhealth International
Co., Ltd. (Hong Kong); Hebei Xinhe Biochemical Co.; Inner Mongolia
Jianlong Biochemical Co., Ltd./Jianlong Biotechnology Co., Ltd.;
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./
Xinjiang Fufeng Biotechnologies Co., Ltd.; and Shanghai Smart Chemicals
Co., Ltd.\7\ Because all requests for reviews of these companies were
timely withdrawn, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the AD order on xanthan gum from China with
respect to these companies.
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\7\ See Green Health International (GHI) and Green Health
International Co., Ltd. (Hong Kong)'s Letter, ``Xanthan Gum from
China,'' submitted September 15, 2019 (the document is dated July
31, 2019); Petitioner's Letter, ``Xanthan Gum from the People's
Republic of China: Petitioner's Withdrawal of Request for Review of
Deosen Biochemical Ltd/Deosen Biochemical (Ordos) Ltd.,'' dated
September 20, 2019; Deosen's Letter, ``Administrative Review of
Antidumping Order on Xanthan Gum from the People's Republic of
China: Withdrawal of Review Request and Request to Rescind Review,''
dated September 24, 2019; Petitioner's Letter, ``Xanthan Gum from
the People's Republic of China: Petitioner's Rebuttal Comments on
Respondent Selection and Withdrawal of Request for Review of
Jianlong Biotechnology Co., Ltd. and Inner Mongolia Jianlong
Biochemical Co. Ltd.,'' dated September 30, 2019; and Petitioner's
Letter, ``Xanthan Gum from the People's Republic of China:
Petitioner's Partial Withdrawal of Request for Administrative
Review'' dated December 9, 2019.
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Separate Rates
Commerce preliminary determines that the information placed on the
[[Page 74687]]
record by CP Kelco (Shandong) Biological Company Limited (CP Kelco
Shandong) and Meihua, demonstrates that these companies are entitled to
separate rate status. For additional information, see the Preliminary
Decision Memorandum.
Dumping Margin for Non-Individually Examined Companies Granted a
Separate Rate
The statute 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. Where the rates for the 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 preliminarily calculated a zero percent dumping margin for
Meihua, the sole mandatory respondent in this review and have assigned
this rate (i.e., 0.00 percent) to CP Kelco Shandong. For additional
information, see the Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following dumping margin to the firms listed
below for the period July 1, 2018 through June 30, 2019:
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Weighted-
Producers/exporters average dumping
margin (percent)
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Meihua Group International Trading (Hong Kong) Limited/ 0.00
Langfang Meihua Biotechnology Co., Ltd.,/Xinjiang
Meihua Amino Acid Co., Ltd...........................
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Review-Specific Average Rate Applicable to the Following Companies
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CP Kelco (Shandong) Biological Company Limited........ 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b). Case
briefs or other written comments may be submitted to the Assistant
Secretary for Enforcement and Compliance no later than 30 days after
the publication of these preliminary results of review, unless the
Secretary alters the time limit.\8\ Rebuttal briefs, limited to
responding to issues raised in case briefs, may be submitted no later
than seven days after the deadline for case briefs.\9\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this review are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. Case and rebuttal briefs
should be filed using ACCESS.\10\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information.\11\
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\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\10\ See 19 CFR 351.303.
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce will announce the date and time of the hearing. Parties should
confirm by telephone the date and time of the hearing two days before
the scheduled hearing date.
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\12\ Commerce intends to issue appropriate assessment
instructions to CBP 15 days after the publication of the final results
of this review. We will calculate importer-specific or customer-
specific assessment rates equal to the ratio of the total amount of
dumping calculated for examined sales with a particular importer or
customer to the total entered value of the sales in accordance with 19
CFR 351.212(b)(1).\13\ Where either the respondent's ad valorem
weighted-average dumping margin is zero or de minimis, or an importer-
specific or customer-specific ad valorem assessment rate is zero or de
minimis,\14\ we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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\12\ See 19 CFR 351.212(b)(1).
\13\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\14\ See 19 CFR 351.106(c)(2).
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For the respondent that was not selected for individual examination
in this administrative review but which qualified for a separate rate,
the assessment rate will be equal to the weighted-average dumping
margin
[[Page 74688]]
assigned to the respondent in the final results of this review.\15\
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\15\ 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 Preliminary Decision
Memorandum 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 entries that were not reported in the U.S. sales databases
submitted by the company individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of xanthan gum from China entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
notice of the final results of this administrative review, as provided
for by section 751(a)(2)(C) of the Act: (1) For the companies listed
above that have a separate rate, the cash deposit rate will be that
rate established in the final results of this review (except, if the
rate is zero or de minimis, then a cash deposit rate of zero will be
required); (2) for previously investigated or reviewed China and non-
China exporters not listed above that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing 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 for the China-
wide entity, which is 154.07 percent; and (4) for all non-China
exporters of subject merchandise that have not received their own rate,
the cash deposit rate will be the rate applicable to China exporter(s)
that supplied that non-China exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19
CFR 351.213.
Dated: November 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Single Entity Treatment
VII. Discussion of Methodology
VIII. Recommendation
[FR Doc. 2020-25854 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P