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
<![CDATA[
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
