Xanthan Gum From the People's Republic of China: Rescission of 2014-2015 Antidumping Duty New Shipper Review, 56586-56587 [2016-20014]

Download as PDF 56586 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices is no basis to grant a domestic subsidy pass-through adjustment. See Preliminary Decision Memorandum. asabaliauskas on DSK3SPTVN1PROD with NOTICES Disclosure and Public Comment We intend to disclose the calculations performed to interested parties in this proceeding within five days of the date of announcement of this preliminary determination in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs, rebuttal briefs, and hearing requests.16 For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum at Section IX. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a fourmonth period to a period not more than six months in duration. On July 11, 2016, pursuant to 19 CFR 351.210(b) and (e), Taian Modern requested that, contingent upon an affirmative preliminary determination of sales at LTFV, the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.17 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 120 days after the date of publication of this 16 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c). Letter to the Secretary of Commerce from Taian Modern Plastic Co., Ltd.,’’Certain Biaxial Integral Geogrid Products from the People’s Republic of China: Request to Extend Final Determination’’ (July 11, 2016). 17 See VerDate Sep<11>2014 17:13 Aug 19, 2016 Jkt 238001 preliminary determination, pursuant to section 735(a)(2) of the Act.18 International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we will notify the ITC of our affirmative preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: August 16, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The products covered by the scope are certain biaxial integral geogrid products. Biaxial integral geogrid products are a polymer grid or mesh material (whether or not finished, slit, cut-to-length, attached to woven or non-woven fabric or sheet material, or packaged) in which four-sided openings in the form of squares, rectangles, rhomboids, diamonds, or other four-sided figures predominate. The products covered have integral strands that have been stretched to induce molecular orientation into the material (as evidenced by the strands being thinner in width toward the middle between the junctions than at the junctions themselves) constituting the sides of the openings and integral junctions where the strands intersect. The scope includes products in which four-sided figures predominate whether or not they also contain additional strands intersecting the four-sided figures and whether or not the inside corners of the four-sided figures are rounded off or not sharp angles. As used herein, the term ‘‘integral’’ refers to strands and junctions that are homogenous with each other. The products covered have a tensile strength of greater than 5 kilonewtons per meter (‘‘kN/m’’) according to American Society for Testing and Materials (‘‘ASTM’’) Standard Test Method D6637/D6637M in any direction and average overall flexural stiffness of more than 100,000 milligram-centimeter according to the ASTM D7748/D7748M Standard Test Method for Flexural Rigidity of Geogrids, Geotextiles and Related Products, or other equivalent test method standards. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise further processed in a third country, including by trimming, slitting, coating, cutting, punching holes, stretching, attaching to woven or nonwoven fabric or sheet material, or any other finishing, packaging, or other further 18 See PO 00000 also 19 CFR 351.210(e). Frm 00010 Fmt 4703 Sfmt 4703 processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the biaxial integral geogrid. The products subject to the scope are currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under the following subheading: 3926.90.9995. Subject merchandise may also enter under subheadings 3920.20.0050 and 3925.90.0000. The HTSUS subheadings set forth above are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. Selection of Respondents VII. Preliminary Determination of Critical Circumstances, in Part VIII. Scope of the Investigation IX. Discussion of the Methodology a. Non-Market Economy Country b. Surrogate Country and Surrogate Values Comments c. Separate Rates d. Combination Rates e. Affiliation f. The PRC-wide Entity g. Application of Facts Available and Adverse Inferences h. Date of Sale i. Comparisons to Fair Value X. Currency Conversion XI. Export Subsidy Adjustment XII. Adjustment Under Section 777a(f) of the Act XIII. Disclosure and Public Comment XIV. Verification XV. Conclusion [FR Doc. 2016–20024 Filed 8–19–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–985] Xanthan Gum From the People’s Republic of China: Rescission of 2014– 2015 Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) finds that the sale made by Inner Mongolia Jianlong Biochemical Co., Ltd. (‘‘IMJ’’) is a non-bona fide sale. Therefore, we are rescinding this new shipper review (‘‘NSR’’). DATES: Effective August 22, 2016. FOR FURTHER INFORMATION CONTACT: Patrick O’Connor, AD/CVD Operations, AGENCY: E:\FR\FM\22AUN1.SGM 22AUN1 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0989. SUPPLEMENTARY INFORMATION: Background The Department published its Preliminary Results in this NSR on March 22, 2016.1 Subsequently, IMJ filed a case brief on May 15, 2016 and CP Kelco U.S. (Petitioner) filed a rebuttal brief on May 16, 2016. 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 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 this order is classified in the Harmonized Tariff Schedule (‘‘HTS’’) 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.2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete 1 See Xanthan Gum From the People’s Republic of China: Preliminary Rescission of 2014–2015 Antidumping Duty New Shipper Review, 81 FR 15240 (March 22, 2016) (‘‘Preliminary Results’’); see also Memorandum to Abdelali Elouaradia, Director, Office IV, AD/CVD Operations, from Cara Lofaro and Brandon Farlander, International Trade Analysts, entitled ‘‘2014–2015 Antidumping Duty New Shipper Review of Xanthan Gum From the People’s Republic of China: Preliminary Bona Fide Sales Analysis for Inner Mongolia Jianlong Biochemical Co., Ltd.,’’ dated March 15, 2016. 2 For a complete description of the scope of the order, see the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty New Shipper Review of Xanthan Gum from the People’s Republic of China’’ issued concurrently with and hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). 3 Id. VerDate Sep<11>2014 17:13 Aug 19, 2016 Jkt 238001 version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/ index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. A list of the issues which parties raised is attached to this notice as an Appendix. Rescission of New Shipper Review For the reasons explained in the Issues and Decision Memorandum, the Department continues to find that IMJ’s one sale is a non-bona fide sale. Because the non-bona fide sale was the only reported sale of subject merchandise during the POR, and thus there are no reviewable transactions, the Department is rescinding this NSR. Assessment As the Department is rescinding this NSR, we have not calculated a company-specific dumping margin for IMJ. IMJ remains part of the PRC-wide entity and, accordingly, entries of its subject merchandise will be assessed at the PRC-wide rate. Cash Deposit Requirements Effective upon publication of this notice of final rescission of the NSR of IMJ, the Department will instruct U.S. Customs and Border Protection to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise from IMJ. IMJ continues to be part of the PRCwide entity, and subject to the PRCwide entity rate of 154.07 percent.4 These cash deposit requirements shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to Administrative Protective Order (‘‘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 these segments 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 in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 56587 of 1930, as amended, and 19 CFR 351.214. Dated: August 12, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues: Comment 1: Whether IMJ Met the Regulatory Requirements for Requesting a New Shipper Review Comment 2: Whether or not IMJ’s Sale was a Bona Fide Sale Comment 3: IMJ’s March 24, 2016 Submission Recommendation [FR Doc. 2016–20014 Filed 8–19–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–016] Certain Passenger Vehicle and Light Truck Tires From the People’s Republic of China: Notice of Final Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 8, 2016, the Department of Commerce (the Department) published its notice of initiation and preliminary results of a changed circumstances review of the antidumping duty (AD) order on certain passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (PRC). In that notice, we preliminarily determined that Sailun Jinyu Group (HONG KONG) Co., Limited (Sailun Jinyu HK) is the successor-in-interest to Jinyu International Holding Co., Limited (Jinyu HK) for purposes of determining antidumping duty cash deposits and liabilities. No interested party submitted comments regarding the initiation and preliminary results. For these final results, the Department continues to find that Sailun Jinyu HK is the successor-in-interest to Jinyu HK. DATES: Effective August 22, 2016. FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1398. AGENCY: E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56586-56587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20014]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Rescission of 
2014-2015 Antidumping Duty New Shipper Review

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

SUMMARY: The Department of Commerce (``Department'') finds that the 
sale made by Inner Mongolia Jianlong Biochemical Co., Ltd. (``IMJ'') is 
a non-bona fide sale. Therefore, we are rescinding this new shipper 
review (``NSR'').

DATES: Effective August 22, 2016.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations,

[[Page 56587]]

Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0989.

SUPPLEMENTARY INFORMATION:

Background

    The Department published its Preliminary Results in this NSR on 
March 22, 2016.\1\ Subsequently, IMJ filed a case brief on May 15, 2016 
and CP Kelco U.S. (Petitioner) filed a rebuttal brief on May 16, 2016.
---------------------------------------------------------------------------

    \1\ See Xanthan Gum From the People's Republic of China: 
Preliminary Rescission of 2014-2015 Antidumping Duty New Shipper 
Review, 81 FR 15240 (March 22, 2016) (``Preliminary Results''); see 
also Memorandum to Abdelali Elouaradia, Director, Office IV, AD/CVD 
Operations, from Cara Lofaro and Brandon Farlander, International 
Trade Analysts, entitled ``2014-2015 Antidumping Duty New Shipper 
Review of Xanthan Gum From the People's Republic of China: 
Preliminary Bona Fide Sales Analysis for Inner Mongolia Jianlong 
Biochemical Co., Ltd.,'' dated March 15, 2016.
---------------------------------------------------------------------------

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 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 this order is classified in 
the Harmonized Tariff Schedule (``HTS'') 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.\2\
---------------------------------------------------------------------------

    \2\ For a complete description of the scope of the order, see 
the Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled 
``Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty New Shipper Review of Xanthan Gum from the People's 
Republic of China'' issued concurrently with and hereby adopted by 
this notice (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the Issues and Decision Memorandum.\3\ The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at https://access.trade.gov and in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content. A list of the issues which parties raised is attached to 
this notice as an Appendix.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

Rescission of New Shipper Review

    For the reasons explained in the Issues and Decision Memorandum, 
the Department continues to find that IMJ's one sale is a non-bona fide 
sale. Because the non-bona fide sale was the only reported sale of 
subject merchandise during the POR, and thus there are no reviewable 
transactions, the Department is rescinding this NSR.

Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for IMJ. IMJ remains part of the PRC-
wide entity and, accordingly, entries of its subject merchandise will 
be assessed at the PRC-wide rate.

Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSR of IMJ, the Department will instruct U.S. Customs and Border 
Protection to discontinue the option of posting a bond or security in 
lieu of a cash deposit for entries of subject merchandise from IMJ. IMJ 
continues to be part of the PRC-wide entity, and subject to the PRC-
wide entity rate of 154.07 percent.\4\ These cash deposit requirements 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
Administrative Protective Order (``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 these segments 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 in accordance with 
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.214.

    Dated: August 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues:
    Comment 1: Whether IMJ Met the Regulatory Requirements for 
Requesting a New Shipper Review
    Comment 2: Whether or not IMJ's Sale was a Bona Fide Sale
    Comment 3: IMJ's March 24, 2016 Submission
Recommendation

[FR Doc. 2016-20014 Filed 8-19-16; 8:45 am]
 BILLING CODE 3510-DS-P

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