Xanthan Gum From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 43143-43145 [2013-17380]

Download as PDF Federal Register / Vol. 78, No. 139 / Friday, July 19, 2013 / Notices Although HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. In this case, Petitioner timely withdrew its request for a review, and no other interested party requested a review of the aforementioned parties. Therefore, the Department is rescinding the administrative review of the antidumping duty order on lightweight thermal paper from the PRC covering the period November 1, 2011, through October 31, 2012, in its entirety, in accordance with 19 CFR 351.213(d)(1). Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries of lightweight thermal paper from the PRC during the POR at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the publication of this notice in the Federal Register. Notification to Importers emcdonald on DSK67QTVN1PROD with NOTICES This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their 4811.90.8020 (for gift wrap, a non-subject product) and 4811.90.8040 (for ‘‘other’’ including lightweight thermal paper). HTSUS subheading 4811.90.9000 was a classification for lightweight thermal paper until July 1, 2005. Effective that date, subheading 4811.90.9000 was replaced with 4811.90.9010 (for tissue paper, a non-subject product) and 4811.90.9090 (for ‘‘other,’’ including lightweight thermal paper). 8 As of January 1, 2009, the International Trade Commission deleted HTSUS subheadings 4811.90.8040 and 4811.90.9090 and added HTSUS subheadings 4811.90.8030, 4811.90.8050, 4811.90.9030, and 4811.90.9050 to the HTSUS (2009). See HTSUS (2009), available at <ww.usitc.gov>. These HTSUS subheadings were added to the scope of the order in lightweight thermal paper’s underlying investigation. VerDate Mar<15>2010 15:33 Jul 18, 2013 Jkt 229001 responsibility concerning the disposition of proprietary information disclosed under APO, in accordance with 19 CFR 351.305 and as explained in the APO itself. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: July 15, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–17386 Filed 7–18–13; 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: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. AGENCY: Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing an antidumping duty order on xanthan gum from the People’s Republic of China (‘‘PRC’’). In addition, the Department is amending its final determination to correct a ministerial error. SUMMARY: DATES: Effective Date: July 19, 2013. FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Erin Kearney, 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) 482–0182 or (202) 482– 0167, respectively. SUPPLEMENTARY INFORMATION: Background On June 4, 2013, the Department published the final determination of sales at less than fair value in the antidumping duty investigation of PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 43143 xanthan gum from the PRC.1 On July 12, 2013, the ITC notified the Department of its final determination pursuant to section 735(b)(1)(A)(ii) of the Tariff Act of 1930, as amended (‘‘the Act’’), that an industry in the United States is threatened with material injury by reason of imports of xanthan gum from the PRC.2 Scope of the Order The scope of this 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. 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 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. Amendment to the Final Determination On June 4, 2013, the Department published its affirmative final determination in this proceeding.3 In accordance with 19 CFR 351.224(b), the Department disclosed to interested parties the details of its calculations for the final determination on May 30, 2013. On June 4, 2013, CP Kelco U.S. (‘‘Petitioner’’), petitioner in this investigation, and Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner 1 See Xanthan Gum From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 78 FR 33351 (June 4, 2013) (‘‘Final Determination’’). 2 See Xanthan Gum from Austria and China, USITC Publication 4411, Investigation Nos. 731– TA–1202–1203 (Final) (July 2013). 3 See Final Determination. E:\FR\FM\19JYN1.SGM 19JYN1 43144 Federal Register / Vol. 78, No. 139 / Friday, July 19, 2013 / Notices Mongolia Fufeng Biotechnologies Co., Ltd.) (‘‘Fufeng’’) and Deosen Biochemical (‘‘Deosen’’), respondents in this investigation, timely submitted ministerial error allegations and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors. On June 10, 2013, Petitioner submitted rebuttal comments to Deosen’s ministerial error allegations, and Fufeng submitted rebuttal comments to Petitioner’s ministerial error allegations. On June 11, 2013, the Department rejected Fufeng’s rebuttal comments and allowed Fufeng to resubmit its rebuttal comments, which Fufeng did on June 12, 2013. After analyzing all interested party comments and rebuttals, we have determined that, in accordance with section 735(e) of the Act and 19 CFR 351.224(e), a ministerial error was made with respect to the treatment of the coal ash by-product in Fufeng’s margin calculation.4 In the Final Determination, we determined that a number of companies, in addition to the mandatory respondents, qualified for a separate rate.5 Since the weighted-average dumping margin for the separate rate respondents is based on the average of the weighted-average dumping margins for the mandatory respondents, and the weighted-average dumping margin for Fufeng changed as a result of the aforementioned ministerial error, we have revised the calculation of the dumping margin for the separate rate respondents in the amended final determination. The amended dumping margins are provided, below. Antidumping Duty Order In accordance with section 735(d) of the Act, the ITC has notified the Department of its final determination in this investigation, in which it found that an industry in the United States is threatened with material injury within the meaning of section 735(b)(1)(A)(ii) of the Act. Therefore, in accordance with section 735(c)(2) of the Act, we are publishing this antidumping duty order. In accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (‘‘CBP’’) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of xanthan gum from the PRC. Pursuant to section 736(b)(2) of the Act, duties shall be assessed on subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination if that determination is based on the threat of material injury, other than threat of material injury described in section 736(b)(1) of the Act.6 In addition, section 736(b)(2) of the Act requires CBP to release any bond or other security, and refund any cash deposit made of estimated antidumping duties posted since the Department’s preliminary antidumping duty determination.7 that injury would have resulted but for the imposition of suspension of liquidation of entries since the Department’s preliminary determination, section 736(b)(2) of the Act is applicable. Therefore, the Department will instruct CBP to terminate the suspension of liquidation for entries of xanthan gum from the PRC entered, or withdrawn from warehouse, for consumption prior to the publication of the ITC’s final determination and refund any cash deposits of estimated antidumping duties made between the publication of the Department’s preliminary determination on January 10, 2013, and the publication of the ITC’s final determination. Furthermore, we will instruct CBP to continue to suspend liquidation on all unliquidated entries of xanthan gum from the PRC entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination of threat of material injury in the Federal Register. Effective on the date of publication of the ITC’s notice of final determination in the Federal Register, CBP will require, pursuant to section 736(a)(3) of the Act, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the weightedaverage dumping margins listed below.8 The rate for the PRC-wide entity applies to all exporter and producer combinations not specifically listed. Suspension of Liquidation Because the ITC’s final determination is based on the threat of material injury and is not accompanied by a finding Amended Final Determination of Antidumping Investigation The weighted-average dumping margins are as follows: Weighted-average dumping margin (percent) 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 ........................................................ ................................................................................................. 12.90 128.32 70.61 70.61 70.61 70.61 70.61 154.07 emcdonald on DSK67QTVN1PROD with NOTICES * 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 4 For a detailed discussion of the alleged ministerial errors, as well as the Department’s analysis, see Memorandum to Paul Piquado, Assistant Secretary for Import Administration, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, regarding, ‘‘Final Determination of Antidumping Duty Investigation of Xanthan Gum from the People’s Republic of China: Allegation of Ministerial Errors,’’ dated June 28, 2013. VerDate Mar<15>2010 15:33 Jul 18, 2013 Jkt 229001 Final Determination, 78 FR at 33353. 736(b)(1) of the Act states that ‘‘{i}f the {ITC}, in its final determination under section 735(b), finds material injury or threat of material injury which, but for the suspension of liquidation under section 733(d)(2) would have led to a finding of material injury, then entries of the subject merchandise, the liquidation of which has been suspended under section 733(d)(2), shall be subject PO 00000 5 See 6 Section Frm 00005 Fmt 4703 Sfmt 4703 to the imposition of antidumping duties under section 731.’’ 7 See Xanthan Gum from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 77 FR 2252 (January 10, 2013) (‘‘Preliminary Determination’’). 8 See section 736(a)(3) of the Act. E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 78, No. 139 / Friday, July 19, 2013 / Notices This notice constitutes the antidumping duty order with respect to xanthan gum from the PRC pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 7043 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect. This order and amended final determination are published in accordance with sections 735(e), 736(a) and 777(i) of the Act, and 19 CFR 351.211 and 351.224(e). Dated: July 15, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–17380 Filed 7–18–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket No. 120921480–2480–01] Announcing Approval of Federal Information Processing Standard 186– 4, Digital Signature Standard National Institute of Standards and Technology (NIST), Department of Commerce. ACTION: Notice. AGENCY: This notice announces the Secretary of Commerce’s approval of Federal Information Processing Standard (FIPS) 186–4, Digital Signature Standard (DSS). FIPS 186–4 specifies three techniques for the generation and verification of digital signatures that can be used for the protection of data: The Digital Signature Algorithm (DSA), the Elliptic Curve Digital Signature Algorithm (ECDSA) and the RivestShamir Adelman Algorithm (RSA). This revision includes a clarification of terms, a reduction of restrictions on the use of random number generators and the retention and use of prime number generation seeds, a correction of wording and typographical errors, and further aligns the FIPS with Key Cryptography Standard (PKCS) #1. FIPS 186–4 is available at https://csrc.nist.gov/ publications/PubsFIPS.html. DATES: The changes are effective on July 19, 2013. FOR FURTHER INFORMATION CONTACT: Elaine Barker (301) 975–2911, National Institute of Standards and Technology, 100 Bureau Drive, Mail Stop 8930, Gaithersburg, MD 20899–8930, email: Elaine.Barker@nist.gov. emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:33 Jul 18, 2013 Jkt 229001 FIPS 186, first published on May 19, 1994 (59 FR 26208), specified a digital signature algorithm (DSA) to generate and verify digital signatures. Later revisions (FIPS 186–1, which was published in the Federal Register on December 15, 1998 (63 FR 69049) and FIPS 186–2, which was published on February 15, 2000 (65 FR 7507)) adopted two additional algorithms: The Elliptic Curve Digital Signature Algorithm (ECDSA) and the RSA digital signature algorithm. FIPS 186–3, which was adopted on June 9, 2009 (74 FR 27287), increased the key sizes allowed for DSA, provided additional requirements for the use of ECDSA and RSA, and included requirements for obtaining the assurances necessary for valid digital signatures. FIPS 186–3 also replaced the specifications for random number generators that had been provided in the previous versions of the FIPS with a reference to SP 800–90 for obtaining random numbers. The changes to FIPS 186–3 include: (1) Clarifications of terms used within previous versions of the FIPS, (2) allowing the use of any random bit/ number generator that is approved for use in FIPS 140–2-validated modules, (3) reducing restrictions on the retention and use of prime number generation seeds for generating RSA key pairs, (4) correcting statements regarding the generation of the integer k for DSA and ECDSA, (5) correcting a typological error in the processing steps for ECDSA, (6) correcting the wording for the criteria for generating RSA key pairs, and (7) aligning the specification for the use of a salt in the RSASSA–PSS digital signature scheme with Public Key Cryptography Standard (PKCS) #1. NIST published a Federal Register Notice (77 FR 21538) on April 10, 2012 to request public comments on the proposed revisions to FIPS 186–3. We received two sets of comments from private sector organizations. The following summarizes the comments received during the public comment period, and includes NIST’s response to each comment: Comment: One commenter stated that the informative text in Section 5 indicates that the NIST-recommended elliptic curves have a cofactor of one, whereas, for the ten binary curves, the cofactors actually vary from two to four. Response: That informative text was not included in FIPS 186–4, as the statement is not critical to the intent of the change. Comment: One commenter stated that the definition of len(a) given in Section 2.3 of FIPS 186–3 is not sufficient, since it begs the question about whether or SUPPLEMENTARY INFORMATION: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 43145 not leading zero bits are counted in the length. Response: The FIPS was modified to include a revised definition for len(a), as suggested by the commenter. Comment: One commenter stated that Table 1 of Section 6.1.1 of FIPS 186–3 includes an incorrect expression for the bit length of powers of two. Response: As this expression is not critical to the table, NIST deleted the expression from the FIPS. Comment: One commenter stated that in Appendix B.3.1, Table B.1 of FIPS 186–3, the inequality operators are confusing. These table entries should be replaced by explicit minimum and maximum values. Response: NIST considered and rejected the request, as the table entries are specified correctly. Revised FIPS 186–4 is available electronically from the NIST Web site at: https://csrc.nist.gov/publications/fips/ index.html. Authority: In accordance with the Information Technology Management Reform Act of 1996 (Pub. L. 104–106) and the Federal Information Security Management Act of 2002 (FISMA) (Pub. L. 107–347), the Secretary of Commerce is authorized to approve Federal Information Processing Standards (FIPS). NIST activities to develop computer security standards to protect federal sensitive (unclassified) information systems are undertaken pursuant to specific responsibilities assigned to NIST by section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3), as amended. E.O. 12866: This notice has been determined not to be significant for the purposes of E.O. 12866. Dated: July 15, 2013. Willie E. May, Associate Director for Laboratory Programs. [FR Doc. 2013–17396 Filed 7–18–13; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC767 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of availability. AGENCY: This notice advises the public that three direct take permits have been issued pursuant to the Endangered Species Act of 1973 (ESA) for operation, SUMMARY: E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Notices]
[Pages 43143-43145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17380]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
xanthan gum from the People's Republic of China (``PRC''). In addition, 
the Department is amending its final determination to correct a 
ministerial error.

DATES: Effective Date: July 19, 2013.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Erin Kearney, 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-
0182 or (202) 482-0167, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 4, 2013, the Department published the final determination 
of sales at less than fair value in the antidumping duty investigation 
of xanthan gum from the PRC.\1\ On July 12, 2013, the ITC notified the 
Department of its final determination pursuant to section 
735(b)(1)(A)(ii) of the Tariff Act of 1930, as amended (``the Act''), 
that an industry in the United States is threatened with material 
injury by reason of imports of xanthan gum from the PRC.\2\
---------------------------------------------------------------------------

    \1\ See Xanthan Gum From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 78 FR 33351 (June 4, 
2013) (``Final Determination'').
    \2\ See Xanthan Gum from Austria and China, USITC Publication 
4411, Investigation Nos. 731-TA-1202-1203 (Final) (July 2013).
---------------------------------------------------------------------------

Scope of the Order

    The scope of this 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.
    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 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.

Amendment to the Final Determination

    On June 4, 2013, the Department published its affirmative final 
determination in this proceeding.\3\ In accordance with 19 CFR 
351.224(b), the Department disclosed to interested parties the details 
of its calculations for the final determination on May 30, 2013. On 
June 4, 2013, CP Kelco U.S. (``Petitioner''), petitioner in this 
investigation, and Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 
Inner

[[Page 43144]]

Mongolia Fufeng Biotechnologies Co., Ltd.) (``Fufeng'') and Deosen 
Biochemical (``Deosen''), respondents in this investigation, timely 
submitted ministerial error allegations and requested, pursuant to 19 
CFR 351.224, that the Department correct the alleged ministerial 
errors. On June 10, 2013, Petitioner submitted rebuttal comments to 
Deosen's ministerial error allegations, and Fufeng submitted rebuttal 
comments to Petitioner's ministerial error allegations. On June 11, 
2013, the Department rejected Fufeng's rebuttal comments and allowed 
Fufeng to re-submit its rebuttal comments, which Fufeng did on June 12, 
2013.
---------------------------------------------------------------------------

    \3\ See Final Determination.
---------------------------------------------------------------------------

    After analyzing all interested party comments and rebuttals, we 
have determined that, in accordance with section 735(e) of the Act and 
19 CFR 351.224(e), a ministerial error was made with respect to the 
treatment of the coal ash by-product in Fufeng's margin calculation.\4\
---------------------------------------------------------------------------

    \4\ For a detailed discussion of the alleged ministerial errors, 
as well as the Department's analysis, see Memorandum to Paul 
Piquado, Assistant Secretary for Import Administration, from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, regarding, ``Final Determination of 
Antidumping Duty Investigation of Xanthan Gum from the People's 
Republic of China: Allegation of Ministerial Errors,'' dated June 
28, 2013.
---------------------------------------------------------------------------

    In the Final Determination, we determined that a number of 
companies, in addition to the mandatory respondents, qualified for a 
separate rate.\5\ Since the weighted-average dumping margin for the 
separate rate respondents is based on the average of the weighted-
average dumping margins for the mandatory respondents, and the 
weighted-average dumping margin for Fufeng changed as a result of the 
aforementioned ministerial error, we have revised the calculation of 
the dumping margin for the separate rate respondents in the amended 
final determination. The amended dumping margins are provided, below.
---------------------------------------------------------------------------

    \5\ See Final Determination, 78 FR at 33353.
---------------------------------------------------------------------------

Antidumping Duty Order

    In accordance with section 735(d) of the Act, the ITC has notified 
the Department of its final determination in this investigation, in 
which it found that an industry in the United States is threatened with 
material injury within the meaning of section 735(b)(1)(A)(ii) of the 
Act. Therefore, in accordance with section 735(c)(2) of the Act, we are 
publishing this antidumping duty order. In accordance with section 
736(a)(1) of the Act, the Department will direct U.S. Customs and 
Border Protection (``CBP'') to assess, upon further instruction by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of xanthan 
gum from the PRC.
    Pursuant to section 736(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination if that determination is based on the threat of 
material injury, other than threat of material injury described in 
section 736(b)(1) of the Act.\6\ In addition, section 736(b)(2) of the 
Act requires CBP to release any bond or other security, and refund any 
cash deposit made of estimated antidumping duties posted since the 
Department's preliminary antidumping duty determination.\7\
---------------------------------------------------------------------------

    \6\ Section 736(b)(1) of the Act states that ``{i{time} f the 
{ITC{time} , in its final determination under section 735(b), finds 
material injury or threat of material injury which, but for the 
suspension of liquidation under section 733(d)(2) would have led to 
a finding of material injury, then entries of the subject 
merchandise, the liquidation of which has been suspended under 
section 733(d)(2), shall be subject to the imposition of antidumping 
duties under section 731.''
    \7\ See Xanthan Gum from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 77 FR 2252 (January 10, 2013) 
(``Preliminary Determination'').
---------------------------------------------------------------------------

Suspension of Liquidation

    Because the ITC's final determination is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted but for the imposition of suspension of liquidation of 
entries since the Department's preliminary determination, section 
736(b)(2) of the Act is applicable. Therefore, the Department will 
instruct CBP to terminate the suspension of liquidation for entries of 
xanthan gum from the PRC entered, or withdrawn from warehouse, for 
consumption prior to the publication of the ITC's final determination 
and refund any cash deposits of estimated antidumping duties made 
between the publication of the Department's preliminary determination 
on January 10, 2013, and the publication of the ITC's final 
determination. Furthermore, we will instruct CBP to continue to suspend 
liquidation on all unliquidated entries of xanthan gum from the PRC 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the ITC's notice of final determination of 
threat of material injury in the Federal Register.
    Effective on the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, pursuant to 
section 736(a)(3) of the Act, at the same time as importers would 
normally deposit estimated duties on this subject merchandise, a cash 
deposit equal to the weighted-average dumping margins listed below.\8\ 
The rate for the PRC-wide entity applies to all exporter and producer 
combinations not specifically listed.
---------------------------------------------------------------------------

    \8\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------

Amended Final Determination of Antidumping Investigation

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                       Weighted-average
            Exporter                   Producer         dumping margin
                                                           (percent)
------------------------------------------------------------------------
Neimenggu Fufeng Biotechnologies  Neimenggu Fufeng                 12.90
 Co., Ltd (aka Inner Mongolia      Biotechnologies
 Fufeng Biotechnologies Co.,       Co., Ltd. (aka
 Ltd.)/Shandong Fufeng             Inner Mongolia
 Fermentation Co., Ltd.            Fufeng
                                   Biotechnologies
                                   Co., Ltd.)/
                                   Shandong Fufeng
                                   Fermentation Co.,
                                   Ltd.
Deosen Biochemical Ltd..........  Deosen Biochemical              128.32
                                   Ltd./Deosen
                                   Biochemical
                                   (Ordos) Ltd.
A.H.A. International Co., Ltd...  Shandong Fufeng                  70.61
                                   Fermentation Co.,
                                   Ltd.
A.H.A. International Co., Ltd...  Deosen Biochemical               70.61
                                   Ltd.
CP Kelco (Shandong) Biological    CP Kelco                         70.61
 Company Limited.                  (Shandong)
                                   Biological
                                   Company Limited.
Hebei Xinhe Biochemical Co. Ltd.  Hebei Xinhe                      70.61
                                   Biochemical Co.
                                   Ltd.
Shanghai Smart Chemicals Co. Ltd  Deosen Biochemical               70.61
                                   Ltd.
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


[[Page 43145]]

    This notice constitutes the antidumping duty order with respect to 
xanthan gum from the PRC pursuant to section 736(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 7043 of the main Commerce building, for copies of an updated list 
of antidumping duty orders currently in effect.
    This order and amended final determination are published in 
accordance with sections 735(e), 736(a) and 777(i) of the Act, and 19 
CFR 351.211 and 351.224(e).

     Dated: July 15, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-17380 Filed 7-18-13; 8:45 am]
BILLING CODE 3510-DS-P