Xanthan Gum From Austria: Final Determination of Sales at Less Than Fair Value, 33354-33356 [2013-13218]

Download as PDF 33354 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices These suspension-of-liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, the Department has notified the International Trade Commission (‘‘ITC’’) of the final affirmative determination of sales at LTFV. In accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation, of the merchandise under consideration. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to the parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of 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 sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: May 28, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. tkelley on DSK3SPTVN1PROD with NOTICES Appendix—Issues for the Final Determination Comment 1: Surrogate Country Comment 2: Surrogate Financial Statements Comment 3: Comparison Methodology Comment 4: Use of Indonesian Export Data Comment 5: Valuation of Bacteria Comment 6: General Surrogate Values Comment 6–A: Truck Freight Comment 6–B: Brokerage and Handling Comment 6–C: Labor Comment 6–D: Electricity Comment 6–E: Sodium Hypochlorite Comment 6–F: Hydrochloric Acid VerDate Mar<15>2010 18:33 Jun 03, 2013 Jkt 229001 Comment 7: Discrepancy in Respondents’ Preliminary Weighted-Average Dumping Margins Fufeng-Specific Issues: Comment 8: Cornstarch Intermediate Input Comment 9: FOP Allocation Methodology and Steam By-Product Offset Comment 10: Packing FOP for Raw Xanthan Gum Comment 11: Fufeng Surrogate Values Comment 11–A: Corn Comment 11–B: Decoking Agent Comment 11–C: Caustic Soda Comment 12: Fufeng By-Products Comment 12–A: Corn Protein Powder Comment 12–B: Corn Embryo Comment 12–C: Corn Rejects, Coal Ash, and Clinker Comment 12–D: Soybean Dregs Deosen-Specific Issues: Comment 13: Energy Intermediate Input Comment 14: Compressed Air Comment 15: Deosen Ordos Water Consumption Comment 16: Deosen Surrogate Values Comment 16–A: Cornstarch Comment 16–B: Soy Powder Comment 16–C: Metal Buckle Comment 16–D: Coal Comment 17: Power Plant By-Products Comment 18: U.S. Expenses Comment 19: U.S. Indirect Selling Expenses Comment 20: Ministerial and Other Claimed Errors [FR Doc. 2013–13220 Filed 6–3–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–433–811] Xanthan Gum From Austria: Final Determination of Sales at Less Than Fair Value Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: June 4, 2013. SUMMARY: On January 10, 2013, the Department of Commerce (‘‘Department’’) published its preliminary determination of sales at less than fair value (‘‘LTFV’’) and postponement of final determination in the antidumping (‘‘AD’’) investigation of xanthan gum from Austria.1 On March 4, 2013, the Department released its post-preliminary differential pricing analysis.2 The Department invited AGENCY: 1 See Xanthan Gum from Austria: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 78 FR 2251 (January 10, 2013) (‘‘Preliminary Determination’’). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, concerning, Less Than Fair Value Investigation of Xanthan Gum from Austria: Post-Preliminary PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 interested parties to comment on the Preliminary Determination and PostPreliminary Analysis and Calculation Memorandum. Based on an analysis of the comments received, the Department has made changes from the Preliminary Determination. The Department has determined that xanthan gum from Austria is being, or is likely to be, sold in the United States at LTFV, as provided in section 735 of the Tariff Act of 1930, as amended (the ‘‘Act’’). The final weighted-average dumping margins for this investigation are listed in the ‘‘Final Determination’’ section below. FOR FURTHER INFORMATION CONTACT: Drew Jackson or Karine Gziryan, AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4406 or (202) 482– 4081, respectively. SUPPLEMENTARY INFORMATION: Background The Department published its Preliminary Determination on January 10, 2013.3 On March 4, 2013, the Department issued its Post-Preliminary Analysis and Calculation Memorandum to determine whether an alternative comparison methodology should be used. Based on this analysis, the Department determined that application of an alternative calculation methodology was not appropriate for Jungbunzlauer Austria AG (‘‘JBL Austria’’) and, accordingly, continued to apply the average-to-average method.4 On March 12, 2013, JBL Austria and Petitioner 5 submitted case briefs. On March 18, 2013, JBL Austria and Petitioner submitted rebuttal briefs. Subsequently, the Department rejected JBL Austria’s March 18, 2013 rebuttal brief because it contained new factual information.6 On April 9, 2013, JBL Analysis and Calculation Memorandum, dated March 4, 2013 (‘‘Post-Preliminary Analysis and Calculation Memorandum’’). 3 The Department postponed the deadline for the final determination to not later than 135 days after publication of the Preliminary Determination (i.e., January 10, 2013). See Preliminary Determination, 78 FR at 2254. However, because May 25, 2013, falls on a non-business day, the revised deadline for this final determination is now May 28, 2013. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 4 See id. 5 Petitioner in this investigation is CP Kelco U.S. 6 See Letter from Abdelali Elouaradia, Director, AD/CVD Operations Office 4, to JBL Austria, concerning, Antidumping Investigation of Xanthan Gum from Austria: New Factual Information in Jungbunzlauer Austria Rebuttal Brief, dated April 15, 2013. E:\FR\FM\04JNN1.SGM 04JNN1 33355 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices Austria resubmitted a redacted version of its rebuttal brief. On April 10, 2013, the Department held a hearing, which was requested by Petitioner and JBL Austria. Period of Investigation The period of investigation is April 1, 2011, through March 31, 2012. This period corresponds to the four most recent fiscal quarters prior to the month of the filing of the petition, which was June 2012. Verification As provided in section 782(i) of the Act, between January 14, 2013, and February 7, 2013, the Department verified the information submitted by JBL Austria for use in the final determination.7 Verification reports were issued between February 21, 2013, and March 4, 2013. The Department used standard verification procedures, including examination of relevant accounting and production records and original source documents provided by these respondents. tkelley on DSK3SPTVN1PROD with NOTICES Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum.8 A list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA 7 See Memorandum to the File through Neal Halper, Director, Office of Accounting, concerning, Verification of the Cost Response of Jungbunzlauer Austria in the Antidumping Duty Investigation of Xanthan Gum from Austria, dated February 20, 2013. See also Memorandum to the File through Robert Bolling, Program Manager, AD/CVD Operations, Office 4, concerning, Verification of the Questionnaire Responses of Jungbunzlauer Austria AG, dated February 19, 2013. See also Memorandum to the File through Robert Bolling, Program Manager, AD/CVD Operations, Office 4, concerning, Verification of the Questionnaire Responses of Jungbunzlauer Ladenburg GmbH, dated February 19, 2013. See also Memorandum to the File through Robert Bolling, Program Manager, AD/CVD Operations, Office 4, concerning, Verification of the Sales Response of Jungbunzlauer Inc. in the Antidumping Investigation of Xanthan Gum from Austria, dated March 4, 2013 (‘‘CEP Sales Verification Report’’). 8 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the Final Determination in the Antidumping Duty Investigation of Xanthan Gum from Austria’’ (May 28, 2013) (‘‘Issues and Decision Memorandum’’). VerDate Mar<15>2010 18:33 Jun 03, 2013 Jkt 229001 ACCESS’’). Access to IA ACCESS is available to registered users at https:// iaaccess.trade.gov, and is available to all parties in the Central Records Unit, which is in room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at www.trade.gov/ia. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Determination • We applied partial adverse facts available with respect to the material codes for which JBL Austria did not report its grade characteristic in accordance with the Department’s reporting requirements.9 • We applied partial adverse facts available to the reported inland freight expense from warehouse to the customer in the United States according to the Department’s findings at the sales verification.10 • We adjusted the reported freight expense incurred on transporting xanthan gum to and from the further manufacturing locations according to the Department’s findings at the sales verification.11 • We applied a differential pricing analysis to determine the appropriate comparison method, rather than the targeted dumping test. See Issues and Decision Memorandum. 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 9 See Issues and Decision Memorandum at Comment 1. 10 See Memorandum to the File, concerning ‘‘Final Determination Margin Calculation for Jungbunzlauer Austria AG’’ dated May 28, 2013; see also CEP Sales Verification Report at 2. See Issues and Decision Memorandum at Comment 2. 11 See Issues and Decision Memorandum at Comment 3. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 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. Final Determination The Department determines that the following weighted-average dumping margins exist for the period April 1, 2011, through March 31, 2012: Exporter/manufacturer Weightedaverage dumping margin (percent) Jungbunzlauer Austria AG All Others .......................... 29.98 29.98 The ‘‘All Others’’ rate is based on the weighted-average dumping margin calculated for JBL Austria, the only company for which the Department calculated a rate.12 Disclosure In accordance with 19 CFR 351.224(b), the Department will disclose the calculations performed in this investigation to parties within five days of the date of publication of this notice in the Federal Register. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend liquidation of all appropriate entries of xanthan gum from Austria as described in the ‘‘Scope of the Investigation’’ section, which were entered, or withdrawn from warehouse, for consumption on or after January 10, 2013, the date of publication of the Preliminary Determination in the Federal Register. CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. These instructions suspending 12 See E:\FR\FM\04JNN1.SGM section 735(c)(5)(A) of the Act. 04JNN1 33356 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices liquidation will remain in effect until further notice. DEPARTMENT OF COMMERCE International Trade Commission Notification In accordance with section 735(d) of the Act, the Department has notified the International Trade Commission (‘‘ITC’’) of the final affirmative determination of sales at LTFV. In accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation, of the merchandise under consideration. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to the parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of 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 sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: May 28, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. tkelley on DSK3SPTVN1PROD with NOTICES Appendix Issues for the Final Determination Comment 1: Whether the Department should apply total adverse facts available (‘‘AFA’’) to JBL Austria because it misreported the grade for the majority of its U.S. and comparison market sales Comment 2: Whether the Department should apply AFA because JBL Austria withheld information regarding its possible affiliations Comment 3: Repacking Costs [FR Doc. 2013–13218 Filed 6–3–13; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 18:33 Jun 03, 2013 Jkt 229001 National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; ¯ ¯ Papahanaumokuakea Marine National Monument Permit Application and Reports for Permits (Formerly Known as Northwestern Hawaiian Islands Marine National Monument) National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before August 5, 2013. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Tia Brown, (808) 397–2660 or Tia.Brown@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract On June 15, 2006, President Bush ¯ ¯ established the Papahanaumokuakea Marine National Monument by issuing Presidential Proclamation 8031 (71 FR 36443, June 26, 2006) under the authority of the Antiquities Act (16 U.S.C. 431). The proclamation includes restrictions and prohibitions regarding activities in the monument consistent with the authority provided by the act. Specifically, the proclamation prohibits access to the monument except when passing through without interruption or as allowed under a permit issued by NOAA and the Department of the Interior’s U.S. Fish and Wildlife Service (FWS). Vessels passing through the monument without interruption are required to notify NOAA and FWS upon entering into and leaving the monument. Individuals wishing to access the monument to conduct certain regulated activities must first apply for and be granted a permit issued by PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 NOAA and FWS to certify compliance with vessel monitoring system requirements, monument regulations and best management practices. On August 29, 2006, NOAA and FWS published a final rule codifying the provisions of the proclamation (71 FR 51134). II. Method of Collection Respondents have a choice of either electronic or paper forms. Methods of submittal include email of electronic forms, and mail and facsimile transmission of paper forms. III. Data OMB Control Number: 0648–0548. Form Number: None. Type of Review: Regular submission (extension of a current information collection). Affected Public: Individuals, nonprofit institutions; Federal, State, local, government, Native Hawaiian organizations; business or other forprofit organizations. Estimated Number of Respondents: 411. Estimated Time per Response: Research, Conservation and Management and Education (‘‘general’’ permits), 5 hours; Special Ocean Use permits, 10 hours; Native Hawaiian Practices permits, 8 hours; Recreation permits, 6 hours; permit modification requests and final reports, 1o hours; and annual reports, 5 hours. Estimated Total Annual Burden Hours: 1,794. Estimated Total Annual Cost to Public: $26,280 in recordkeeping/ reporting costs and vessel monitoring system installation and maintenance. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33354-33356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13218]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-433-811]


Xanthan Gum From Austria: Final Determination of Sales at Less 
Than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: June 4, 2013.

SUMMARY: On January 10, 2013, the Department of Commerce 
(``Department'') published its preliminary determination of sales at 
less than fair value (``LTFV'') and postponement of final determination 
in the antidumping (``AD'') investigation of xanthan gum from 
Austria.\1\ On March 4, 2013, the Department released its post-
preliminary differential pricing analysis.\2\ The Department invited 
interested parties to comment on the Preliminary Determination and 
Post-Preliminary Analysis and Calculation Memorandum. Based on an 
analysis of the comments received, the Department has made changes from 
the Preliminary Determination. The Department has determined that 
xanthan gum from Austria is being, or is likely to be, sold in the 
United States at LTFV, as provided in section 735 of the Tariff Act of 
1930, as amended (the ``Act''). The final weighted-average dumping 
margins for this investigation are listed in the ``Final 
Determination'' section below.
---------------------------------------------------------------------------

    \1\ See Xanthan Gum from Austria: Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final 
Determination, 78 FR 2251 (January 10, 2013) (``Preliminary 
Determination'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, concerning, 
Less Than Fair Value Investigation of Xanthan Gum from Austria: 
Post-Preliminary Analysis and Calculation Memorandum, dated March 4, 
2013 (``Post-Preliminary Analysis and Calculation Memorandum'').

FOR FURTHER INFORMATION CONTACT: Drew Jackson or Karine Gziryan, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
4406 or (202) 482-4081, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published its Preliminary Determination on January 
10, 2013.\3\ On March 4, 2013, the Department issued its Post-
Preliminary Analysis and Calculation Memorandum to determine whether an 
alternative comparison methodology should be used. Based on this 
analysis, the Department determined that application of an alternative 
calculation methodology was not appropriate for Jungbunzlauer Austria 
AG (``JBL Austria'') and, accordingly, continued to apply the average-
to-average method.\4\
---------------------------------------------------------------------------

    \3\ The Department postponed the deadline for the final 
determination to not later than 135 days after publication of the 
Preliminary Determination (i.e., January 10, 2013). See Preliminary 
Determination, 78 FR at 2254. However, because May 25, 2013, falls 
on a non-business day, the revised deadline for this final 
determination is now May 28, 2013. See Notice of Clarification: 
Application of ``Next Business Day'' Rule for Administrative 
Determination Deadlines Pursuant to the Tariff Act of 1930, As 
Amended, 70 FR 24533 (May 10, 2005).
    \4\ See id.
---------------------------------------------------------------------------

    On March 12, 2013, JBL Austria and Petitioner \5\ submitted case 
briefs. On March 18, 2013, JBL Austria and Petitioner submitted 
rebuttal briefs. Subsequently, the Department rejected JBL Austria's 
March 18, 2013 rebuttal brief because it contained new factual 
information.\6\ On April 9, 2013, JBL

[[Page 33355]]

Austria resubmitted a redacted version of its rebuttal brief.
---------------------------------------------------------------------------

    \5\ Petitioner in this investigation is CP Kelco U.S.
    \6\ See Letter from Abdelali Elouaradia, Director, AD/CVD 
Operations Office 4, to JBL Austria, concerning, Antidumping 
Investigation of Xanthan Gum from Austria: New Factual Information 
in Jungbunzlauer Austria Rebuttal Brief, dated April 15, 2013.
---------------------------------------------------------------------------

    On April 10, 2013, the Department held a hearing, which was 
requested by Petitioner and JBL Austria.

Period of Investigation

    The period of investigation is April 1, 2011, through March 31, 
2012. This period corresponds to the four most recent fiscal quarters 
prior to the month of the filing of the petition, which was June 2012.

Verification

    As provided in section 782(i) of the Act, between January 14, 2013, 
and February 7, 2013, the Department verified the information submitted 
by JBL Austria for use in the final determination.\7\ Verification 
reports were issued between February 21, 2013, and March 4, 2013. The 
Department used standard verification procedures, including examination 
of relevant accounting and production records and original source 
documents provided by these respondents.
---------------------------------------------------------------------------

    \7\ See Memorandum to the File through Neal Halper, Director, 
Office of Accounting, concerning, Verification of the Cost Response 
of Jungbunzlauer Austria in the Antidumping Duty Investigation of 
Xanthan Gum from Austria, dated February 20, 2013. See also 
Memorandum to the File through Robert Bolling, Program Manager, AD/
CVD Operations, Office 4, concerning, Verification of the 
Questionnaire Responses of Jungbunzlauer Austria AG, dated February 
19, 2013. See also Memorandum to the File through Robert Bolling, 
Program Manager, AD/CVD Operations, Office 4, concerning, 
Verification of the Questionnaire Responses of Jungbunzlauer 
Ladenburg GmbH, dated February 19, 2013. See also Memorandum to the 
File through Robert Bolling, Program Manager, AD/CVD Operations, 
Office 4, concerning, Verification of the Sales Response of 
Jungbunzlauer Inc. in the Antidumping Investigation of Xanthan Gum 
from Austria, dated March 4, 2013 (``CEP Sales Verification 
Report'').
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision 
Memorandum.\8\ A list of the issues which the parties raised and to 
which the Department responded in the Issues and Decision Memorandum is 
attached to this notice as an Appendix. The Issues and 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''). Access to IA ACCESS is 
available to registered users at https://iaaccess.trade.gov, and is 
available to all parties in the Central Records Unit, which is in room 
7046 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the Internet at www.trade.gov/ia. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \8\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration, ``Issues and Decision Memorandum for the Final 
Determination in the Antidumping Duty Investigation of Xanthan Gum 
from Austria'' (May 28, 2013) (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

     We applied partial adverse facts available with respect to 
the material codes for which JBL Austria did not report its grade 
characteristic in accordance with the Department's reporting 
requirements.\9\
---------------------------------------------------------------------------

    \9\ See Issues and Decision Memorandum at Comment 1.
---------------------------------------------------------------------------

     We applied partial adverse facts available to the reported 
inland freight expense from warehouse to the customer in the United 
States according to the Department's findings at the sales 
verification.\10\
---------------------------------------------------------------------------

    \10\ See Memorandum to the File, concerning ``Final 
Determination Margin Calculation for Jungbunzlauer Austria AG'' 
dated May 28, 2013; see also CEP Sales Verification Report at 2. See 
Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

     We adjusted the reported freight expense incurred on 
transporting xanthan gum to and from the further manufacturing 
locations according to the Department's findings at the sales 
verification.\11\
---------------------------------------------------------------------------

    \11\ See Issues and Decision Memorandum at Comment 3.
---------------------------------------------------------------------------

     We applied a differential pricing analysis to determine 
the appropriate comparison method, rather than the targeted dumping 
test. See Issues and Decision Memorandum.

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.

Final Determination

    The Department determines that the following weighted-average 
dumping margins exist for the period April 1, 2011, through March 31, 
2012:

------------------------------------------------------------------------
                                                            Weighted-
                 Exporter/manufacturer                   average dumping
                                                        margin (percent)
------------------------------------------------------------------------
Jungbunzlauer Austria AG..............................             29.98
All Others............................................             29.98
------------------------------------------------------------------------

    The ``All Others'' rate is based on the weighted-average dumping 
margin calculated for JBL Austria, the only company for which the 
Department calculated a rate.\12\
---------------------------------------------------------------------------

    \12\ See section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

Disclosure

    In accordance with 19 CFR 351.224(b), the Department will disclose 
the calculations performed in this investigation to parties within five 
days of the date of publication of this notice in the Federal Register.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of xanthan gum from 
Austria as described in the ``Scope of the Investigation'' section, 
which were entered, or withdrawn from warehouse, for consumption on or 
after January 10, 2013, the date of publication of the Preliminary 
Determination in the Federal Register. CBP shall require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price as shown above. These instructions suspending

[[Page 33356]]

liquidation will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, the Department has 
notified the International Trade Commission (``ITC'') of the final 
affirmative determination of sales at LTFV. In accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation, of the merchandise under 
consideration. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all securities posted will be refunded. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess, upon further instruction by the Department, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305. Timely written notification of 
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 sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

     Dated: May 28, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

Issues for the Final Determination

Comment 1: Whether the Department should apply total adverse facts 
available (``AFA'') to JBL Austria because it misreported the grade 
for the majority of its U.S. and comparison market sales
Comment 2: Whether the Department should apply AFA because JBL 
Austria withheld information regarding its possible affiliations
Comment 3: Repacking Costs

[FR Doc. 2013-13218 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-DS-P
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