Xanthan Gum From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 2252-2254 [2013-00349]
Download as PDF
<![CDATA[
2252
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
wreier-aviles on DSK5TPTVN1PROD with
iaaccess.trade.gov, and is available to all
parties in the Department’s Central
Records Unit, located at room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be found on the
Internet at https://www.trade.gov/ia/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
notice.3 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW, Washington, DC 20230, at a time
and location to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to requests from interested
parties, we are postponing the final
Weighted- determination and extending the
average
provisional measures from a four-month
Exporter/Manufacturer
dumping
period to not more than six months.
margin
(percent)
Accordingly, we will make our final
determination no later than 135 days
Jungbunzlauer Austria AG .........
17.18 after the date of publication of this
All Others ....................................
17.18
preliminary determination, pursuant to
section 735(a)(2) of the Act.4
The ‘‘All Others’’ rate is based on the
Suspension of Liquidation
weighted-average dumping margin
calculated for Jungbunzlauer Austria
In accordance with section 733(d)(2)
AG, the only company for which the
of the Act, we are directing U.S.
1
Department calculated a rate.
Customs and Border Protection (‘‘CBP’’)
to suspend liquidation of all entries of
Disclosure and Public Comment
xanthan gum from Austria as described
We will disclose the calculations
in the scope of the investigation section
performed to parties in this proceeding
entered, or withdrawn from warehouse,
within five days of the date of
publication of this notice in accordance for consumption on or after the date of
publication of this notice in the Federal
with 19 CFR 351.224(b).
Case briefs or other written comments Register.
We will instruct CBP to require a cash
may be submitted to the Assistant
deposit 5 equal to the weighted-average
Secretary for Import Administration no
amount by which the NV exceeds
later than seven days after the date on
constructed export price, as indicated in
which the final verification report is
the chart above. These suspension of
issued in this proceeding and rebuttal
liquidation instructions will remain in
briefs, limited to issues raised in case
effect until further notice.
briefs, may be submitted no later than
five days after the deadline date for case International Trade Commission
briefs.2 A table of contents, list of
(‘‘ITC’’) Notification
authorities used and an executive
In accordance with section 733(f) of
summary of issues should accompany
the Act, we have notified the ITC of our
any briefs submitted to the Department.
preliminary affirmative determination of
This summary should be limited to five
sales at LTFV. If our final determination
pages total, including footnotes.
Interested parties who wish to request a is affirmative, the ITC will determine
before the later of 120 days after the date
hearing, or to participate if one is
of this preliminary determination or 45
requested, must submit a written
days after our final determination
request to the Assistant Secretary for
Import Administration, U.S. Department whether these imports are materially
injuring, or threaten material injury to,
of Commerce. All documents must be
the U.S. industry.
filed electronically using IA ACCESS.
This determination is issued and
An electronically filed document must
published in accordance with sections
be received successfully in its entirety
by the Department’s electronic records
3 See 19 CFR 351.310(c).
system, IA ACCESS, by 5:00 p.m.
4 See also 19 CFR 351.210(e).
Eastern Standard Time, within 30 days
5 See Modification of Regulations Regarding the
after the date of publication of this
1 See
2 See
section 735(c)(5)(A) of the Act.
19 CFR 351.309.
VerDate Mar<15>2010
15:22 Jan 09, 2013
Jkt 229001
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: January 3, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
List of Topics Discussed in the
Preliminary Decision Memorandum
1. Scope of the Investigation
2. Targeted Dumping Allegation
3. Targeted Dumping Test
4. Fair Value Comparisons
5. Product Comparisons
6. Date of Sale
7. Constructed Export Price
8. Normal Value
a. Home Market Viability
b. Level of Trade
c. Cost of Production Analysis
d. Calculation of COP
e. Test of Comparison Market Sales
Prices
f. Results of COP Test
9. Affiliation
10. Currency Conversion
11. Verification
[FR Doc. 2013–00350 Filed 1–9–13; 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: Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) preliminarily
determines that xanthan gum from the
People’s Republic of China (‘‘PRC’’) is
being, or is likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 733 of
the Tariff Act of 1930, as amended (‘‘the
Act’’). The weighted-average dumping
margins are shown in the ‘‘Preliminary
Determination’’ section of this notice.
The final determination will be issued
135 days after publication of this
preliminary determination in the
Federal Register.
DATES: Effective Date: January 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander or Erin Kearney, AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
AGENCY:
E:\FR\FM\10JAN1.SGM
10JAN1
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices
(202) 482–0182 or (202) 482–0167,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The scope of this investigation covers
dry xanthan gum, whether or not coated
or blended with other products. Further,
xanthan gum is included in this
investigation regardless of physical
form, including, but not limited to,
solutions, slurries, dry powders of any
particle size, or unground fiber.
Xanthan gum that has been blended
with other product(s) is included in this
scope when the resulting mix contains
15 percent or more of xanthan gum by
dry weight. Other products with which
xanthan gum may be blended include,
but are not limited to, sugars, minerals,
and salts.
Xanthan gum is a polysaccharide
produced by aerobic fermentation of
Xanthomonas campestris. The chemical
structure of the repeating
pentasaccharide monomer unit consists
of a backbone of two P-1,4-D-Glucose
monosaccharide units, the second with
a trisaccharide side chain consisting of
P-D-Mannose-(1,4)- P-DGlucuronic acid(1,2)-a-D-Mannose monosaccharide
units. The terminal mannose may be
pyruvylated and the internal mannose
unit may be acetylated.
Merchandise covered by the scope of
this investigation 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.
Methodology
The Department has conducted this
antidumping duty investigation in
accordance with section 731 of the Act.
Export prices and constructed export
prices have been calculated in
accordance with section 772 of the Act.
Because the PRC is a non-market
economy within the meaning of section
771(18) of the Act, normal value has
been calculated in accordance with
section 773(c) of the Act. Specifically,
the respondents’ factors of production
(‘‘FOPs’’) have been valued using data
from Thailand, the primary surrogate
country, which is economically
comparable to the PRC and is a
significant producer of comparable
merchandise.
For a full description of the
methodology underlying our
conclusions, see ‘‘Decision
Memorandum for Preliminary
Determination of the Antidumping Duty
Investigation of Xanthan Gum from the
2253
People’s Republic of China’’ from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import
Administration, dated concurrently
with this notice (‘‘Preliminary Decision
Memorandum’’) and hereby adopted by
this notice. The Preliminary Decision
Memorandum is a public document and
is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weighted
average
dumping
margin
Exporter
Producer
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd.
Deosen Biochemical Ltd ...............................................................
A.H.A. International Co., Ltd .........................................................
A.H.A. International Co., Ltd .........................................................
CP Kelco (Shandong) Biological Company Limited .....................
Hebei Xinhe Biochemical Co. Ltd .................................................
Shanghai Smart Chemicals Co. Ltd .............................................
PRC-Wide Entity* ..........................................................................
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng
Fermentation Co., Ltd.
Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd .......
Shandong Fufeng Fermentation Co., Ltd ....................................
Deosen Biochemical Ltd ..............................................................
CP Kelco (Shandong) Biological Company Limited ....................
Hebei Xinhe Biochemical Co. Ltd ................................................
Deosen Biochemical Ltd ..............................................................
......................................................................................................
21.69
127.65
74.67
74.67
74.67
74.67
74.67
154.07
* The PRC-wide entity includes Shandong Yi Lian Cosmetics Co., Ltd., Shanghai Echem Fine Chemicals Co., Ltd., Sinotrans Xiamen Logistics
Co., Ltd., and Zibo Cargill HuangHelong Bioengineering Co., Ltd.
wreier-aviles on DSK5TPTVN1PROD with
Disclosure and Public Comment
The Department will disclose
calculations performed for this
preliminary determination to the parties
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
Import Administration no later than
seven days after the date on which the
final verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
VerDate Mar<15>2010
15:22 Jan 09, 2013
Jkt 229001
the deadline date for case briefs.1 A
table of contents, list of authorities used,
and an executive summary of issues
should accompany any briefs submitted
to the Department. This summary
should be limited to five pages total,
including footnotes.
Interested parties, who wish to
request a hearing, or to participate if one
is requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, filed electronically using
IA ACCESS. An electronically filed
1 See
PO 00000
19 CFR 351.309.
Frm 00003
Fmt 4703
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5:00 p.m. Eastern Standard Time,
within 30 days after the date of
publication of this notice.2 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
2 See
Sfmt 4703
E:\FR\FM\10JAN1.SGM
19 CFR 351.310(c).
10JAN1
2254
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices
Washington, DC 20230, at a time and
location to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
For the final determination in this
investigation, interested parties may
submit publicly available information to
value the FOPs within 40 days after the
publication of this preliminary
determination.3 In accordance with 19
CFR 351.301(c)(1), for the final
determination of this investigation,
interested parties may submit factual
information to rebut, clarify, or correct
factual information submitted by any
other interested party less than ten days
before, on, or after, the applicable
deadline for submission of such factual
information. However, the Department
notes that 19 CFR 351.301(c)(1) permits
new information only insofar as it
rebuts, clarifies, or corrects information
recently placed on the record. The
Department generally will not accept
the submission of additional, previously
absent-from-the-record alternative
surrogate value information.4
Additionally, for each piece of factual
information submitted with surrogate
value rebuttal comments, the interested
party must provide a written
explanation of what information that is
already on the record of the ongoing
proceeding the factual information is
rebutting, clarifying, or correcting.
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to requests from interested
parties, we are postponing the final
determination and extending the
provisional measures from a four-month
period to not more than six months.
Accordingly, we will make our final
determination no later than 135 days
after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.
wreier-aviles on DSK5TPTVN1PROD with
Suspension of Liquidation
In accordance with section 733(d) of
the Act, the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to suspend liquidation of all
entries of xanthan gum from the PRC, as
described in the ‘‘Scope of the
Investigation’’ section, entered or
withdrawn from warehouse, for
consumption, on or after the date of
publication of this notice in the Federal
Register.
3 See
19 CFR 351.301(c)(3)(i).
Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit 5 equal to the weightedaverage amount by which normal value
exceeds U.S. price as follows: (1) The
separate-rate weighted-average dumping
margin for the exporter/producer
combinations listed in the table above
will be the rate the Department has
determined in this preliminary
determination; (2) for all combinations
of PRC exporters/producers of
merchandise under consideration which
have not received their own separaterate weighted-average dumping margin
above, the cash-deposit rate will be the
cash deposit rate established for the
PRC-wide entity; and (3) for all non-PRC
exporters of merchandise under
consideration which have not received
their own separate rate above, the cash
deposit rate will be the cash deposit rate
applicable to the PRC exporter/producer
combination that supplied that non-PRC
exporter. These cash deposit
instructions will remain in effect until
further notice.
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
preliminary affirmative determination of
sales at LTFV. Section 735(b)(2) of the
Act requires the ITC to make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
xanthan gum, or sales (or the likelihood
of sales) for importation, of the
merchandise under consideration
within 45 days of our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act.
Dated: January 3, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
List of Topics Discussed in the
Preliminary Decision Memorandum
1. Scope of the Investigation
2. Respondent Selection
3. Non-Market Economy Country
4. Surrogate Country
a. Economic Comparability
b. Significant Producers of Identical or
Comparable Merchandise
c. Data Availability
5. Surrogate Value Comments
6. Separate Rates
4 See
VerDate Mar<15>2010
15:22 Jan 09, 2013
Jkt 229001
5 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
a. Separate Rate Respondents
b. Dumping Margin for the Separate Rate
Companies
7. Date of Sale
8. Fair Value Comparisons
a. Export Price
b. Constructed Export Price
c. Normal Value
d. Factor Valuations
e. Currency Conversion
9. Determination Not to Apply an Alternative
Comparison Methodology
10. Application of Facts Available and
Adverse Facts Available
11. Corroboration of Secondary Information
12. Postponement of Final Determination and
Extension of Provisional Measures
13. Verification
[FR Doc. 2013–00349 Filed 1–9–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC397
Fisheries Off West Coast States and in
the Western Pacific; Pacific Coast
Groundfish Fishery; Application for an
Exempted Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of EFP
applications; request for comments.
AGENCY:
NMFS announces the receipt
of exempted fishing permit (EFP)
applications for 2013 and 2014, and is
considering issuance of EFPs for vessels
participating in the EFP fisheries. The
EFPs are necessary to allow activities
that are otherwise prohibited by Federal
regulations. The EFPs would be
effective no earlier than February 11,
2013, and would expire no later than
December 31, 2014, but could be
terminated earlier under terms and
conditions of the EFPs and other
applicable laws.
DATES: Comments must be received no
later than 5 p.m., local time on February
11, 2013.
ADDRESSES: You may submit comments,
identified by RIN 0648–XC397, by any
one of the following methods:
• Email: EFPs.2013@noaa.gov.
• Fax: 206–526–6736, Attn: Gretchen
Hanshew.
• Mail: William W. Stelle, Regional
Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115–0070, Attn: Gretchen
Hanshew.
FOR FURTHER INFORMATION CONTACT: To
view copies of the EFP applications,
SUMMARY:
E:\FR\FM\10JAN1.SGM
10JAN1
]]>Agencies
[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Notices]
[Pages 2252-2254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00349]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily
determines that xanthan gum from the People's Republic of China
(``PRC'') is being, or is likely to be, sold in the United States at
less than fair value (``LTFV''), as provided in section 733 of the
Tariff Act of 1930, as amended (``the Act''). The weighted-average
dumping margins are shown in the ``Preliminary Determination'' section
of this notice. The final determination will be issued 135 days after
publication of this preliminary determination in the Federal Register.
DATES: Effective Date: January 10, 2013.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Erin Kearney, AD/
CVD Operations, Office 4, Import Administration, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone:
[[Page 2253]]
(202) 482-0182 or (202) 482-0167, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The scope of this investigation covers dry xanthan gum, whether or
not coated or blended with other products. Further, xanthan gum is
included in this investigation regardless of physical form, including,
but not limited to, solutions, slurries, dry powders of any particle
size, or unground fiber.
Xanthan gum that has been blended with other product(s) is included
in this scope when the resulting mix contains 15 percent or more of
xanthan gum by dry weight. Other products with which xanthan gum may be
blended include, but are not limited to, sugars, minerals, and salts.
Xanthan gum is a polysaccharide produced by aerobic fermentation of
Xanthomonas campestris. The chemical structure of the repeating
pentasaccharide monomer unit consists of a backbone of two P-1,4-D-
Glucose monosaccharide units, the second with a trisaccharide side
chain consisting of P-D-Mannose-(1,4)- P-DGlucuronic acid-(1,2)-a-D-
Mannose monosaccharide units. The terminal mannose may be pyruvylated
and the internal mannose unit may be acetylated.
Merchandise covered by the scope of this investigation 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.
Methodology
The Department has conducted this antidumping duty investigation in
accordance with section 731 of the Act. Export prices and constructed
export prices have been calculated in accordance with section 772 of
the Act. Because the PRC is a non-market economy within the meaning of
section 771(18) of the Act, normal value has been calculated in
accordance with section 773(c) of the Act. Specifically, the
respondents' factors of production (``FOPs'') have been valued using
data from Thailand, the primary surrogate country, which is
economically comparable to the PRC and is a significant producer of
comparable merchandise.
For a full description of the methodology underlying our
conclusions, see ``Decision Memorandum for Preliminary Determination of
the Antidumping Duty Investigation of Xanthan Gum from the People's
Republic of China'' from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, dated concurrently with
this notice (``Preliminary Decision Memorandum'') and hereby adopted by
this notice. The Preliminary Decision Memorandum is a public document
and is on file electronically via Import Administration's Antidumping
and Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at https://www.trade.gov/ia/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted
average
Exporter Producer dumping
margin
------------------------------------------------------------------------
Neimenggu Fufeng Biotechnologies Neimenggu Fufeng 21.69
Co., Ltd. (aka Inner Mongolia Biotechnologies Co.,
Fufeng Biotechnologies Co., Ltd. (aka Inner
Ltd.)/Shandong Fufeng Mongolia Fufeng
Fermentation Co., Ltd. Biotechnologies Co.,
Ltd.)/Shandong Fufeng
Fermentation Co., Ltd.
Deosen Biochemical Ltd........... Deosen Biochemical Ltd./ 127.65
Deosen Biochemical
(Ordos) Ltd.
A.H.A. International Co., Ltd.... Shandong Fufeng 74.67
Fermentation Co., Ltd.
A.H.A. International Co., Ltd.... Deosen Biochemical Ltd.. 74.67
CP Kelco (Shandong) Biological CP Kelco (Shandong) 74.67
Company Limited. Biological Company
Limited.
Hebei Xinhe Biochemical Co. Ltd.. Hebei Xinhe Biochemical 74.67
Co. Ltd.
Shanghai Smart Chemicals Co. Ltd. Deosen Biochemical Ltd.. 74.67
PRC-Wide Entity*................. ........................ 154.07
------------------------------------------------------------------------
* The PRC-wide entity includes Shandong Yi Lian Cosmetics Co., Ltd.,
Shanghai Echem Fine Chemicals Co., Ltd., Sinotrans Xiamen Logistics
Co., Ltd., and Zibo Cargill HuangHelong Bioengineering Co., Ltd.
Disclosure and Public Comment
The Department will disclose calculations performed for this
preliminary determination to the parties 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 Import Administration no later than seven days after the
date on which the final verification report is issued in this
proceeding, and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\1\ A table of contents, list of authorities used,
and an executive summary of issues should accompany any briefs
submitted to the Department. This summary should be limited to five
pages total, including footnotes.
---------------------------------------------------------------------------
\1\ See 19 CFR 351.309.
---------------------------------------------------------------------------
Interested parties, who wish to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Import Administration, U.S. Department of
Commerce, filed electronically using IA ACCESS. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5:00 p.m. Eastern
Standard Time, within 30 days after the date of publication of this
notice.\2\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
[[Page 2254]]
Washington, DC 20230, at a time and location to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
---------------------------------------------------------------------------
\2\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
For the final determination in this investigation, interested
parties may submit publicly available information to value the FOPs
within 40 days after the publication of this preliminary
determination.\3\ In accordance with 19 CFR 351.301(c)(1), for the
final determination of this investigation, interested parties may
submit factual information to rebut, clarify, or correct factual
information submitted by any other interested party less than ten days
before, on, or after, the applicable deadline for submission of such
factual information. However, the Department notes that 19 CFR
351.301(c)(1) permits new information only insofar as it rebuts,
clarifies, or corrects information recently placed on the record. The
Department generally will not accept the submission of additional,
previously absent-from-the-record alternative surrogate value
information.\4\ Additionally, for each piece of factual information
submitted with surrogate value rebuttal comments, the interested party
must provide a written explanation of what information that is already
on the record of the ongoing proceeding the factual information is
rebutting, clarifying, or correcting.
---------------------------------------------------------------------------
\3\ See 19 CFR 351.301(c)(3)(i).
\4\ See Glycine from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------
Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to requests from interested parties, we are postponing the
final determination and extending the provisional measures from a four-
month period to not more than six months. Accordingly, we will make our
final determination no later than 135 days after the date of
publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.
Suspension of Liquidation
In accordance with section 733(d) of the Act, the Department will
instruct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of xanthan gum from the PRC, as described in
the ``Scope of the Investigation'' section, entered or withdrawn from
warehouse, for consumption, on or after the date of publication of this
notice in the Federal Register.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \5\ equal to the weighted-average amount by
which normal value exceeds U.S. price as follows: (1) The separate-rate
weighted-average dumping margin for the exporter/producer combinations
listed in the table above will be the rate the Department has
determined in this preliminary determination; (2) for all combinations
of PRC exporters/producers of merchandise under consideration which
have not received their own separate-rate weighted-average dumping
margin above, the cash-deposit rate will be the cash deposit rate
established for the PRC-wide entity; and (3) for all non-PRC exporters
of merchandise under consideration which have not received their own
separate rate above, the cash deposit rate will be the cash deposit
rate applicable to the PRC exporter/producer combination that supplied
that non-PRC exporter. These cash deposit instructions will remain in
effect until further notice.
---------------------------------------------------------------------------
\5\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our preliminary affirmative determination of sales at LTFV.
Section 735(b)(2) of the Act requires the ITC to make its final
determination as to whether the domestic industry in the United States
is materially injured, or threatened with material injury, by reason of
imports of xanthan gum, or sales (or the likelihood of sales) for
importation, of the merchandise under consideration within 45 days of
our final determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act.
Dated: January 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope of the Investigation
2. Respondent Selection
3. Non-Market Economy Country
4. Surrogate Country
a. Economic Comparability
b. Significant Producers of Identical or Comparable Merchandise
c. Data Availability
5. Surrogate Value Comments
6. Separate Rates
a. Separate Rate Respondents
b. Dumping Margin for the Separate Rate Companies
7. Date of Sale
8. Fair Value Comparisons
a. Export Price
b. Constructed Export Price
c. Normal Value
d. Factor Valuations
e. Currency Conversion
9. Determination Not to Apply an Alternative Comparison Methodology
10. Application of Facts Available and Adverse Facts Available
11. Corroboration of Secondary Information
12. Postponement of Final Determination and Extension of Provisional
Measures
13. Verification
[FR Doc. 2013-00349 Filed 1-9-13; 8:45 am]
BILLING CODE 3510-DS-P
