Xanthan Gum From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 11083-11085 [2014-04340]

Download as PDF 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. VerDate Mar<15>2010 17:58 Feb 26, 2014 Jkt 232001 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, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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: E:\FR\FM\27FEN1.SGM 27FEN1 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. VerDate Mar<15>2010 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. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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). E:\FR\FM\27FEN1.SGM 27FEN1 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 VerDate Mar<15>2010 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. PO 00000 Frm 00012 Fmt 4703 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. E:\FR\FM\27FEN1.SGM 27FEN1

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]


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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\
---------------------------------------------------------------------------

    \7\ Id. at 3.
    \8\ Id. at 3.
    \9\ Id. at 3.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \10\ Id. at Exhibit 2.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.214(g)(1)(i)(A).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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