Xanthan Gum From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 11083-11085 [2014-04340]
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Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3518.
SUPPLEMENTARY INFORMATION:
Background
mstockstill on DSK4VPTVN1PROD with NOTICES
The antidumping duty order on
wooden bedroom furniture from the
PRC was published on January 4, 2005.1
On January 30, 2014, pursuant to
section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (the ‘‘Act’’), and 19
CFR 351.214(c), the Department
received a timely request for a new
shipper review from Wuxi Yushea
Furniture Co., Ltd. (‘‘Wuxi Yushea’’).2
On February 7, 2014, the Department
received entry data from U.S. Customs
and Border Protection (‘‘CBP’’).3 We
also requested entry documents from
CBP in order to confirm certain
information reported by Wuxi Yushea.
The continuation of the new shipper
review will be contingent upon
confirmation of the information
reported in the initiation request.
Wuxi Yushea stated that it is the
producer and exporter of the subject
merchandise upon which its request for
a new shipper review is based. Pursuant
to section 751(a)(2)(B)(i)(I) of the Act
and 19 CFR 351.214(b)(2)(i), Wuxi
Yushea certified that it did not export
wooden bedroom furniture to the
United States during the period of
investigation (‘‘POI’’). In addition,
pursuant to section 751(a)(2)(B)(i)(II) of
the Act and 19 CFR 351.214(b)(2)(iii)(A),
Wuxi Yushea certified that, since the
initiation of the investigation, it has
never been affiliated with any PRC
exporter or producer who exported
wooden bedroom furniture to the
United States during the POI, including
those not individually examined during
the investigation. As required by 19 CFR
351.214(b)(2)(iii)(B), Wuxi Yushea also
certified that its export activities were
not controlled by the central
government of the PRC.4
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture From the
People’s Republic of China, 70 FR 329 (January 4,
2005).
2 See Letter from Yushea to the Secretary of
Commerce ‘‘Wooden Bedroom Furniture from the
People’s Republic of China: New Shipper Review
Request for Wuxi Yushea Furniture Co., Ltd.,’’
dated January 30, 2014.
3 See Memorandum to the File through Abdelali
Elouaradia, Director, AD/CVD Operations, Office IV
‘‘Initiation of Antidumping New Shipper Review of
Wooden Bedroom Furniture from the People’s
Republic of China: Wuxi Yushea Furniture Co., Ltd.
Initiation Checklist,’’ dated concurrently with this
notice (‘‘Initiation Checklist’’), at items 14–17.
4 See, generally, Initiation Checklist.
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In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Wuxi Yushea
submitted documentation establishing
the following: (1) The date on which it
first shipped wooden bedroom furniture
for export to the United States; (2) the
volume of its first shipment; and (3) the
date of its first sale to an unaffiliated
customer in the United States.5
The Department conducted a CBP
database query and confirmed by
examining the results of the CBP data
query that Wuxi Yushea’s subject
merchandise entered the United States
during the POR specified by the
Department’s regulations.6
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act, 19 CFR 351.214(b), and based on
the information on the record, the
Department finds that Wuxi Yushea
meets the threshold requirements for
initiation of a new shipper review of its
shipment(s) of wooden bedroom
furniture from the PRC.7 However, if the
information supplied by Wuxi Yushea is
later found to be incorrect or
insufficient during the course of this
proceeding, the Department may rescind
the review or apply adverse facts
available pursuant to section 776 of the
Act, depending upon the facts on the
record. The POR for the new shipper
review of Wuxi Yushea is January 1,
2013, through December 31, 2013.8
Pursuant to 19 CFR 351.221(c)(1)(i), the
Department will publish the notice of
initiation of a new shipper review no
later than the last day of the month
following the anniversary or semiannual
anniversary month of the order. The
Department intends to issue the
preliminary results of this review no
later than 180 days from the date of
initiation, and the final results of this
review no later than 90 days after the
date the preliminary results are issued.9
It is the Department’s usual practice,
in cases involving non-market
economies (‘‘NME’’), to require that a
company seeking to establish eligibility
for an antidumping duty rate separate
from the NME-wide entity to provide
evidence of de jure and de facto absence
of government control over the
company’s export activities.
Accordingly, we will issue a
questionnaire to Wuxi Yushea which
will include a separate rate section. The
review of the exporter will proceed if
the response provides sufficient
5 Id.
6 See
19 CFR 351.214(g)(1)(i)(A).
generally, Initiation Checklist.
8 See 19 CFR 351.214(g)(1)(i)(A).
9 See section 751(a)(2)(B)(iv) of the Act.
7 See,
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11083
indication that the exporter is not
subject to either de jure or de facto
government control with respect to its
exports of wooden bedroom furniture.
We will instruct CBP to allow, at the
option of the importer, the posting, until
the completion of the review, of a bond
or security in lieu of a cash deposit for
certain entries of the subject
merchandise from Wuxi Yushea in
accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e).
Because Wuxi Yushea exports and
produces the subject merchandise, the
sales of which form the basis of its new
shipper review request, we will instruct
CBP to permit the use of a bond only for
entries of subject merchandise which
the respondent exported and produced.
Interested parties requiring access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are
published in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214 and 351.221(c)(1)(i).
Dated: February 21, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–04335 Filed 2–26–14; 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: Initiation of
Antidumping Duty New Shipper
Review
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 27,
2014.
SUMMARY: The Department of Commerce
(‘‘Department’’) determined that the
request described below for a new
shipper review of the antidumping duty
order on xanthan gum from the People’s
Republic of China (‘‘PRC’’) meets the
statutory and regulatory requirements
for initiation. The period of review
(‘‘POR’’) for the new shipper review is
July 19, 2013, through December 31,
2013.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander, AD/CVD
Operations, Office IV, Enforcement and
AGENCY:
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11084
Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0182.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
Background
The Department published the
antidumping duty order on xanthan
gum from the PRC on July 19, 2013.1 On
January 10, 2014, pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930,
as amended (the ‘‘Act’’), and 19 CFR
351.214(c), the Department received a
timely request for a new shipper review
from Meihua Group International
Trading (Hong Kong) Limited (‘‘Meihua
Hong Kong’’), Langfang Meihua BioTechnology Co., Ltd. (‘‘Meihua BioTechnology’’) and Xinjiang Meihua
Amino Acid Co., Ltd. (‘‘Meihua Amino
Acid’’) (collectively ‘‘Meihua’’).2 On
January 23, 2014, the Department
received entry data from U.S Customs
and Border Protection (‘‘CBP’’) relating
to this request for a new shipper
review.3 In addition, the Department
requested that CBP provide entry
documents pertaining to the entry that
is subject to this new shipper review in
order to confirm certain information
reported in the Initiation Request.4 The
continuation of the new shipper review
will be contingent upon confirmation of
the information reported in the
Initiation Request.
Meihua reported that the sale of
subject merchandise upon which the
request for the new shipper review is
based, was made through Meihua Hong
Kong and the subject merchandise was
produced by Meihua Amino Acid.5
Meihua did not state that Meihua BioTechnology either sold or produced the
subject merchandise on which the
1 See Xanthan Gum From the People’s Republic
of China: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
78 FR 43143 (July 19, 2013) (‘‘Order’’).
2 See Letter to the Secretary of Commerce ‘‘Re:
Xanthan Gum from the People’s Republic of China
Entry of Appearance and Request for New Shipper
Review,’’ dated January 10, 2014 (‘‘Initiation
Request’’).
3 See Memorandum to the File from Howard
Smith, Program Manager, AD/CVD Operations,
Office IV regarding ‘‘U.S. Customs and Border
Protection Data; Customs Query Results for Meihua
Group International Trading (Hong Kong) Limited,
Langfang Meihua Bio-Technology Co., Ltd., and
Xinjiang Meihua Amino Acid Co., Ltd.,’’ dated
concurrently with this notice.
4 See Memorandum to Michael Walsh, Director,
AD/CVD/Revenue Policy & Programs, Office of
International Trade, U.S. Customs and Border
Protection, from Abdelali Elouaradia, Director
Office IV, AD/CVD Operations, Enforcement and
Compliance, ‘‘Request for U.S. Entry Documents—
Xanthan Gum from the People’s Republic of China
(A–570–985),’’ dated January 31, 2014.
5 See Initiation Request at 2.
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17:58 Feb 26, 2014
Jkt 232001
request for a new shipper review is
based.6 However, Meihua requests that
the Department review the affiliation of
the three companies named above, find
them to be a single entity, and initiate
a new shipper review of the collapsed
entity. Because it is not the
Department’s practice to consider
collapsing producers or treating two or
more parties as a single entity at the
initiation stage of a new shipper review,
we have not treated the three companies
as a single entity for purposes of this
initiation. Affiliation and collapsing
issues can be raised and considered
during the course of the new shipper
review.
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and 19 CFR 351.214(b)(2)(i),
Meihua Hong Kong and Meihua Amino
Acid certified that they did not export
xanthan gum to the United States during
the period of investigation (‘‘POI’’).7 In
addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Meihua Hong Kong
and Meihua Amino Acid certified that,
since the initiation of the investigation,
they have never been affiliated with an
exporter or producer that exported
xanthan gum to the United States during
the POI, including those not
individually examined during the
investigation.8 As required by 19 CFR
351.214(b)(2)(iii)(B), Meihua Hong Kong
and Meihua Amino Acid also certified
that their export activities were not
controlled by the government of the
PRC.9
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Meihua Hong Kong
submitted documentation establishing
the following: (1) The date on which it
first shipped xanthan gum for export to
the United States and the date on which
the xanthan gum was first entered, or
withdrawn from warehouse, for
consumption; (2) the volume of its first
shipment; and (3) the date of its first
sale to an unaffiliated customer in the
United States.10
The Department conducted a CBP
database query and confirmed by
examining the results of the CBP data
query that Meihua Amino Acid’s subject
merchandise entered the United States
during the POR specified by the
Department’s regulations.11
6 Id.
7 Id.
at 3.
at 3.
9 Id. at 3.
10 Id. at Exhibit 2.
11 See 19 CFR 351.214(g)(1)(i)(A).
8 Id.
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Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act, 19 CFR 351.214(b), and based on
the information on the record, the
Department finds that Meihua Hong
Kong meets the threshold requirements
for initiation of a new shipper review of
its shipment of xanthan gum from the
PRC.12 However, if the information
supplied by Meihua Hong Kong is later
found to be incorrect or insufficient
during the course of this proceeding, the
Department may rescind the review or
apply facts available pursuant to section
776 of the Act, depending upon the facts
on the record. The POR for the new
shipper review of Meihua Hong Kong is
July 19, 2013, through December 31,
2013.13 Pursuant to 19 CFR
351.221(c)(1)(i), the Department will
publish the notice of initiation of a new
shipper review no later than the last day
of the month following the anniversary
month or semiannual anniversary
month of the order. The Department
intends to issue the preliminary results
of this review no later than 180 days
from the date of initiation, and the final
results of this review no later than 90
days after the date the preliminary
results are issued.14
It is the Department’s usual practice,
in cases involving non-market
economies (‘‘NME’’), to require that a
company seeking to establish eligibility
for an antidumping duty rate separate
from the NME-wide entity to provide
evidence of the absence of de jure and
de facto government control over the
company’s export activities.
Accordingly, the Department will issue
a questionnaire to Meihua Hong Kong
which will include a section requesting
information with regard to its export
activities for the purpose of establishing
Meihua Hong Kong’s eligibility for a
separate rate. The review of Meihua
Hong Kong will proceed if the response
provides sufficient indication that
Meihua Hong Kong is not subject to
either de jure or de facto government
control with respect to its exports of
subject merchandise.
The Department will instruct CBP to
allow, at the option of the importer, the
posting, until the completion of the
review, of a bond or security in lieu of
a cash deposit for entries of subject
12 See, generally, Memorandum to the File
through Abdelali Elouaradia, Director, AD/CVD
Operations, Office IV ‘‘Initiation of Antidumping
New Shipper Review of Xanthan Gum from the
People’s Republic of China: Meihua Group
International Trading (Hong Kong) Limited
Initiation Checklist,’’ dated concurrently with this
notice.
13 See 19 CFR 351.214(g)(1)(ii)(B).
14 See section 751(a)(2)(B)(iv) of the Act; 19 CFR
351.214(i).
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Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices
merchandise from Meihua Hong Kong
in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e). Because Meihua Hong Kong
certified that it exported the subject
merchandise that was produced by
Meihua Amino Acid and that such
merchandise is the subject of this new
shipper review, the Department will
apply the bonding privilege only for
subject merchandise produced by
Meihua Amino Acid and exported by
Meihua Hong Kong.
Interested parties requiring access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are
published in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214 and 351.221(c)(1)(i).
Dated: February 21, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–04340 Filed 2–26–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–013]
Carbon and Certain Alloy Steel Wire
Rod From the People’s Republic of
China: Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 27,
2014.
FOR FURTHER INFORMATION CONTACT:
Rebecca Trainor at (202) 482–4007 or
Irene Darzenta Tzafolias at (202) 482–
0922, AD/CVD Operations, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
The Petition
On January 31, 2013, the Department
of Commerce (the Department) received
a countervailing duty (CVD) petition
concerning imports of carbon and
certain alloy steel wire rod (steel wire
rod) from the People’s Republic of
China (PRC), filed in proper form, on
behalf of ArcelorMittal USA LLC,
Charter Steel, Evraz Pueblo (formerly
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17:58 Feb 26, 2014
Jkt 232001
11085
Evraz Rocky Mountain Steel), Gerdau
Ameristeel US Inc., Keystone
Consolidated Industries, Inc., and Nucor
Corporation (collectively, the
petitioners).1 The CVD petition was
accompanied by an antidumping duty
(AD) petition with respect to the PRC.2
The petitioners are domestic producers
of steel wire rod. On February 5, 2014,
the Department requested information
and clarification for certain portions of
the petition.3 The petitioners filed their
response to this request on February 11,
2014.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Government of the PRC (GOC) is
providing countervailable subsidies
(within the meaning of sections 701 and
771(5) of the Act) with respect to
imports of steel wire rod from the PRC,
and that imports of steel wire rod from
the PRC are materially injuring, and
threaten material injury to, the domestic
industry producing steel wire rod in the
United States. The Department finds
that the petitioners filed the petition on
behalf of the domestic industry because
the petitioners are interested parties as
defined in sections 771(9)(C) and (D) of
the Act, and that the petitioners
demonstrated sufficient industry
support with respect to the initiation of
the investigation the petitioners are
requesting.5
received responses from, the petitioners
pertaining to the proposed scope in
order to ensure that the scope language
in the petition would be an accurate
reflection of the products for which the
domestic industry is seeking relief. As
discussed in the Preamble to the
regulations,6 we are setting aside a
period for interested parties to raise
issues regarding product coverage. The
Department encourages interested
parties to submit such comments by
5:00 p.m. EST on March 12, 2014. All
comments must be filed on the records
of the PRC CVD investigation, as well as
the concurrent PRC AD investigation.
Period of Investigation
The period of investigation (POI) is
January 1, 2013, through December 31,
2013.
Consultations
Pursuant to section 702(b)(4)(A)(ii) of
the Act, the Department invited
representatives of the GOC for
consultations with respect to the
petition.8 Consultations were held with
the GOC on February 18, 2014.9
Scope of Investigation
The product covered by this
investigation is steel wire rod from the
PRC. For a full description of the scope
of this investigation, see ‘‘Scope of
Investigation’’ at Appendix I of this
notice.
Comments on Scope of Investigation
During our review of the petition, the
Department issued questions to, and
1 See Petition for the Imposition of Countervailing
Duties on Imports of Carbon and Certain Alloy Steel
Wire Rod from the People’s Republic of China,
dated January 31, 2013 (CVD petition or petition).
2 See Petition for the Imposition of Antidumping
Duties on Imports of Carbon and Certain Alloy Steel
Wire Rod from the People’s Republic of China,
dated January 31, 2013 (AD petition).
3 See Petition for the Imposition of Countervailing
Duties on Carbon and Certain Alloy Steel Wire Rod
from the People’s Republic of China: Supplemental
Questions, dated February 5, 2014.
4 See Petitioners’ Response to Commerce
Department Request for Petition Clarifications—
Carbon and Certain Steel Wire Rod from the
People’s Republic of China, dated February 11,
2014.
5 See ‘‘Determination of Industry Support for the
Petition’’ below.
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Sfmt 4703
Filing Requirements
All submissions to the Department
must be filed electronically using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). An electronically filed
document must be received successfully
in its entirety by the time and date
noted above. Documents excepted from
the electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
1870, Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, and stamped
with the date and time of receipt by the
deadline noted above.7
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
6 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
7 See 19 CFR 351.303(b). Information regarding IA
ACCESS assistance can be found at https://iaaccess.
trade.gov/help.aspx and a handbook can be found
at https://iaaccess.trade.gov/help/Handbook%20on
%20Electronic%20Filing%20Procedures.pdf.
8 See Letter of Invitation Regarding
Countervailing Duty Petition on Carbon and Alloy
Steel Wire Rod from the People’s Republic of China,
dated January 31, 2014.
9 See Memorandum to the File, ‘‘Consultations
with Official from the Government of the People’s
Republic of China on the Countervailing Duty
Petition Regarding Carbon and Alloy Steel Wire
Rod from the People’s Republic of China,’’ dated
February 19, 2014.
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]]>Agencies
[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Notices]
[Pages 11083-11085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04340]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: February 27, 2014.
SUMMARY: The Department of Commerce (``Department'') determined that
the request described below for a new shipper review of the antidumping
duty order on xanthan gum from the People's Republic of China (``PRC'')
meets the statutory and regulatory requirements for initiation. The
period of review (``POR'') for the new shipper review is July 19, 2013,
through December 31, 2013.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander, AD/CVD Operations,
Office IV, Enforcement and
[[Page 11084]]
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-0182.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on xanthan gum
from the PRC on July 19, 2013.\1\ On January 10, 2014, pursuant to
section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the
``Act''), and 19 CFR 351.214(c), the Department received a timely
request for a new shipper review from Meihua Group International
Trading (Hong Kong) Limited (``Meihua Hong Kong''), Langfang Meihua
Bio-Technology Co., Ltd. (``Meihua Bio-Technology'') and Xinjiang
Meihua Amino Acid Co., Ltd. (``Meihua Amino Acid'') (collectively
``Meihua'').\2\ On January 23, 2014, the Department received entry data
from U.S Customs and Border Protection (``CBP'') relating to this
request for a new shipper review.\3\ In addition, the Department
requested that CBP provide entry documents pertaining to the entry that
is subject to this new shipper review in order to confirm certain
information reported in the Initiation Request.\4\ The continuation of
the new shipper review will be contingent upon confirmation of the
information reported in the Initiation Request.
---------------------------------------------------------------------------
\1\ See Xanthan Gum From the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 78 FR 43143 (July 19, 2013) (``Order'').
\2\ See Letter to the Secretary of Commerce ``Re: Xanthan Gum
from the People's Republic of China Entry of Appearance and Request
for New Shipper Review,'' dated January 10, 2014 (``Initiation
Request'').
\3\ See Memorandum to the File from Howard Smith, Program
Manager, AD/CVD Operations, Office IV regarding ``U.S. Customs and
Border Protection Data; Customs Query Results for Meihua Group
International Trading (Hong Kong) Limited, Langfang Meihua Bio-
Technology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd.,''
dated concurrently with this notice.
\4\ See Memorandum to Michael Walsh, Director, AD/CVD/Revenue
Policy & Programs, Office of International Trade, U.S. Customs and
Border Protection, from Abdelali Elouaradia, Director Office IV, AD/
CVD Operations, Enforcement and Compliance, ``Request for U.S. Entry
Documents--Xanthan Gum from the People's Republic of China (A-570-
985),'' dated January 31, 2014.
---------------------------------------------------------------------------
Meihua reported that the sale of subject merchandise upon which the
request for the new shipper review is based, was made through Meihua
Hong Kong and the subject merchandise was produced by Meihua Amino
Acid.\5\ Meihua did not state that Meihua Bio-Technology either sold or
produced the subject merchandise on which the request for a new shipper
review is based.\6\ However, Meihua requests that the Department review
the affiliation of the three companies named above, find them to be a
single entity, and initiate a new shipper review of the collapsed
entity. Because it is not the Department's practice to consider
collapsing producers or treating two or more parties as a single entity
at the initiation stage of a new shipper review, we have not treated
the three companies as a single entity for purposes of this initiation.
Affiliation and collapsing issues can be raised and considered during
the course of the new shipper review.
---------------------------------------------------------------------------
\5\ See Initiation Request at 2.
\6\ Id.
---------------------------------------------------------------------------
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Meihua Hong Kong and Meihua Amino Acid certified that
they did not export xanthan gum to the United States during the period
of investigation (``POI'').\7\ In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Meihua
Hong Kong and Meihua Amino Acid certified that, since the initiation of
the investigation, they have never been affiliated with an exporter or
producer that exported xanthan gum to the United States during the POI,
including those not individually examined during the investigation.\8\
As required by 19 CFR 351.214(b)(2)(iii)(B), Meihua Hong Kong and
Meihua Amino Acid also certified that their export activities were not
controlled by the government of the PRC.\9\
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\7\ Id. at 3.
\8\ Id. at 3.
\9\ Id. at 3.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Meihua Hong Kong submitted documentation
establishing the following: (1) The date on which it first shipped
xanthan gum for export to the United States and the date on which the
xanthan gum was first entered, or withdrawn from warehouse, for
consumption; (2) the volume of its first shipment; and (3) the date of
its first sale to an unaffiliated customer in the United States.\10\
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\10\ Id. at Exhibit 2.
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The Department conducted a CBP database query and confirmed by
examining the results of the CBP data query that Meihua Amino Acid's
subject merchandise entered the United States during the POR specified
by the Department's regulations.\11\
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\11\ See 19 CFR 351.214(g)(1)(i)(A).
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Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and
based on the information on the record, the Department finds that
Meihua Hong Kong meets the threshold requirements for initiation of a
new shipper review of its shipment of xanthan gum from the PRC.\12\
However, if the information supplied by Meihua Hong Kong is later found
to be incorrect or insufficient during the course of this proceeding,
the Department may rescind the review or apply facts available pursuant
to section 776 of the Act, depending upon the facts on the record. The
POR for the new shipper review of Meihua Hong Kong is July 19, 2013,
through December 31, 2013.\13\ Pursuant to 19 CFR 351.221(c)(1)(i), the
Department will publish the notice of initiation of a new shipper
review no later than the last day of the month following the
anniversary month or semiannual anniversary month of the order. The
Department intends to issue the preliminary results of this review no
later than 180 days from the date of initiation, and the final results
of this review no later than 90 days after the date the preliminary
results are issued.\14\
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\12\ See, generally, Memorandum to the File through Abdelali
Elouaradia, Director, AD/CVD Operations, Office IV ``Initiation of
Antidumping New Shipper Review of Xanthan Gum from the People's
Republic of China: Meihua Group International Trading (Hong Kong)
Limited Initiation Checklist,'' dated concurrently with this notice.
\13\ See 19 CFR 351.214(g)(1)(ii)(B).
\14\ See section 751(a)(2)(B)(iv) of the Act; 19 CFR 351.214(i).
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It is the Department's usual practice, in cases involving non-
market economies (``NME''), to require that a company seeking to
establish eligibility for an antidumping duty rate separate from the
NME-wide entity to provide evidence of the absence of de jure and de
facto government control over the company's export activities.
Accordingly, the Department will issue a questionnaire to Meihua Hong
Kong which will include a section requesting information with regard to
its export activities for the purpose of establishing Meihua Hong
Kong's eligibility for a separate rate. The review of Meihua Hong Kong
will proceed if the response provides sufficient indication that Meihua
Hong Kong is not subject to either de jure or de facto government
control with respect to its exports of subject merchandise.
The Department will instruct CBP to allow, at the option of the
importer, the posting, until the completion of the review, of a bond or
security in lieu of a cash deposit for entries of subject
[[Page 11085]]
merchandise from Meihua Hong Kong in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Meihua Hong
Kong certified that it exported the subject merchandise that was
produced by Meihua Amino Acid and that such merchandise is the subject
of this new shipper review, the Department will apply the bonding
privilege only for subject merchandise produced by Meihua Amino Acid
and exported by Meihua Hong Kong.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: February 21, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-04340 Filed 2-26-14; 8:45 am]
BILLING CODE 3510-DS-P
