Xanthan Gum From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 52031-52032 [2015-21250]

Download as PDF Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: August 19, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I The merchandise covered by this investigation includes uncoated paper in sheet form; weighing at least 40 grams per square meter but not more than 150 grams per square meter; that either is a white paper with a GE brightness level of 85 or higher or is a colored paper; whether or not surfacedecorated, printed (except as described below), embossed, perforated, or punched; irrespective of the smoothness of the surface; and irrespective of dimensions (Certain Uncoated Paper). Certain Uncoated Paper includes (a) uncoated free sheet paper that meets this scope definition; (b) uncoated ground wood paper produced from bleached chemithermo-mechanical pulp (‘‘BCTMP’’) that meets this scope definition; and (c) any other uncoated paper that meets this scope definition regardless of the type of pulp used to produce the paper. Specifically excluded from the scope are (1) paper printed with final content of printed text or graphics and (2) lined paper products, typically school supplies, composed of paper that incorporates straight horizontal and/or vertical lines that would make the paper unsuitable for copying or printing purposes. Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) categories 4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, 4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000, and 4802.57.4000. Some imports of subject merchandise may also be classified under 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000, 4802.69.3000, 4811.90.8050 and 4811.90.9080. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. rmajette on DSK2VPTVN1PROD with NOTICES Appendix II List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Period of Investigation 4. Postponement of Final Determination and Extension of Provision Measures 5. Scope Comments 6. Affiliation Determinations VerDate Sep<11>2014 15:08 Aug 26, 2015 Jkt 235001 7. All Others Rate 8. Discussion of the Methodology A. Determination of the Comparison Method B. Results of Differential Pricing Analysis 9. Date of Sale 10. Product Comparisons 11. Treatment of Re-Export Sales 12. Export Price 13. Constructed Export Price 14. Normal Value A. Home Market Viability B. Affiliated Party Transactions and Arm’sLength Test C. Level of Trade D. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test 4. Constructed Value E. Calculation of Normal Value Based on Comparison Market Prices 15. Currency Conversion 16. Verification [FR Doc. 2015–21176 Filed 8–26–15; 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, International Trade Administration, Department of Commerce. DATES: Effective Date: August 27, 2015. SUMMARY: The Department of Commerce (‘‘Department’’) is initiating a new shipper review of the antidumping duty order on xanthan gum from the People’s Republic of China (‘‘PRC’’) with respect to Inner Mongolia Jianlong Biochemical Co., Ltd. (‘‘Inner Mongolia Jianlong’’). The period of review (‘‘POR’’) for the new shipper review is July 1, 2014, through June 30, 2015. FOR FURTHER INFORMATION CONTACT: Brandon Farlander, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0182. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department published the antidumping duty order on xanthan gum from the PRC on July 19, 2013.1 On 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’’). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 52031 July 31, 2015, 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 Inner Mongolia Jianlong.2 On August 11, 2015, 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 Inner Mongolia Jianlong’s request to confirm certain information reported in the Initiation Request.4 The continuation of the new shipper review will be contingent upon confirmation of the relevant information reported in the Initiation Request. Inner Mongolia Jianlong reported that it was the producer and exporter for the sale of subject merchandise upon which the request for the new shipper review is based.5 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Inner Mongolia Jianlong certified that it did not export xanthan gum to the United States during the period of investigation (‘‘POI’’).6 In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Inner Mongolia Jianlong certified that, since the initiation of the investigation, it has 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.7 As required by 19 CFR 351.214(b)(2)(iii)(B), Inner Mongolia Jianlong also certified that its export activities were not controlled by the government of the PRC.8 In addition, pursuant to 19 CFR 351.214(b)(2)(iv), Inner Mongolia Jianlong submitted documentation concerning the following: (1) The date 2 See Letter to the Secretary of Commerce ‘‘Re: Xanthan Gum from the People’s Republic of China—Request for New Shipper Review,’’ dated July 31, 2015 (‘‘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 Inner Mongolia Jianlong Biochemical Co., Ltd.,’’ dated August 18, 2015. 4 See Memorandum to Sherri L. Hoffman, 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 August 18, 2015. 5 See Initiation Request at 1. 6 Id. at 2. 7 Id. 8 Id. E:\FR\FM\27AUN1.SGM 27AUN1 52032 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices 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.9 The Department conducted a CBP database query and confirmed by examining the results of the CBP data query that Inner Mongolia Jianlong’s subject merchandise entered the United States during the POR specified by the Department’s regulations.10 Period of Review Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for the new shipper review of Inner Mongolia Jianlong is July 1, 2014, through June 30, 2015.11 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 Inner Mongolia Jianlong 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 Inner Mongolia Jianlong 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. 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.13 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 9 Id. at 2–3 and Exhibit 1. 19 CFR 351.214(g)(1)(i)(A). 11 See 19 CFR 351.214(g)(1)(ii)(B). 12 See 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: Inner Mongolia Jianlong Biochemical Co., Ltd. Initiation Checklist,’’ dated concurrently with this notice. 13 See section 751(a)(2)(B)(iv) of the Act; 19 CFR 351.214(i). rmajette on DSK2VPTVN1PROD with NOTICES 10 See VerDate Sep<11>2014 15:08 Aug 26, 2015 Jkt 235001 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.14 Accordingly, the Department will issue a questionnaire to Inner Mongolia Jianlong which will include a section requesting information with regard to its export activities for the purpose of establishing Inner Mongolia Jianlong’s eligibility for a separate rate. The review of Inner Mongolia Jianlong will proceed if the evidence provides sufficient indication that Inner Mongolia Jianlong 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 merchandise from Inner Mongolia Jianlong in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Inner Mongolia Jianlong certified that it produced and exported the subject merchandise that is the subject of this new shipper review, the Department will apply the bonding privilege only for subject merchandise produced and exported by Inner Mongolia Jianlong. 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 notice is published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: August 21, 2015. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–21250 Filed 8–26–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Baldrige Executive Fellows Program National Institute of Standards and Technology, Commerce. AGENCY: 14 See Xanthan Gum From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review, 79 FR 11083, 11084 (February 27, 2014). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 ACTION: Notice. The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before October 26, 2015. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Dawn Bailey, Baldrige Performance Excellence Program, 100 Bureau Drive, Stop 1020, Gaithersburg, MD 20899, 301–975–3074, dawn.bailey@nist.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract The Baldrige Performance Excellence Program seeks applicants for the Baldrige Executive Fellows Program, a one-year, leadership development experience for direct reports to the most senior leader in an organization or business unit leaders. Using the Baldrige Excellence Framework as a foundation, the program discusses impactful leadership through visits to Baldrige Award recipient sites and senior leaders, virtual discussions, and face-to-face peer training using an adult learning model. Fellows will discuss how to achieve performance excellence for their own organizations, stimulate innovation, and build the knowledge and capabilities necessary for organizational sustainability. Fellows will create a capstone project that tackles an issue of strategic importance in their own organizations; capstones have included innovating supply chains and customer relationship management systems, improving health systems and their communication with physicians, and creating balanced scorecards. The Baldrige Executive Fellows has been nationally recognized for two consecutive years as the number-one leadership development program in the military/government category of the Leadership 500 Awards, sponsored by HR.com. The program is aligned with the Baldrige Program mission to E:\FR\FM\27AUN1.SGM 27AUN1

Agencies

[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Notices]
[Pages 52031-52032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21250]


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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, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: August 27, 2015.
SUMMARY: The Department of Commerce (``Department'') is initiating a 
new shipper review of the antidumping duty order on xanthan gum from 
the People's Republic of China (``PRC'') with respect to Inner Mongolia 
Jianlong Biochemical Co., Ltd. (``Inner Mongolia Jianlong''). The 
period of review (``POR'') for the new shipper review is July 1, 2014, 
through June 30, 2015.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander, AD/CVD Operations, 
Office IV, Enforcement and 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 July 31, 2015, 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 Inner Mongolia Jianlong.\2\ On August 11, 2015, 
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 Inner Mongolia 
Jianlong's request to confirm certain information reported in the 
Initiation Request.\4\ The continuation of the new shipper review will 
be contingent upon confirmation of the relevant 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--Request for New Shipper 
Review,'' dated July 31, 2015 (``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 Inner Mongolia 
Jianlong Biochemical Co., Ltd.,'' dated August 18, 2015.
    \4\ See Memorandum to Sherri L. Hoffman, 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 August 18, 2015.
---------------------------------------------------------------------------

    Inner Mongolia Jianlong reported that it was the producer and 
exporter for the sale of subject merchandise upon which the request for 
the new shipper review is based.\5\
---------------------------------------------------------------------------

    \5\ See Initiation Request at 1.
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Inner Mongolia Jianlong certified that it did not 
export xanthan gum to the United States during the period of 
investigation (``POI'').\6\ In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Inner 
Mongolia Jianlong certified that, since the initiation of the 
investigation, it has 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.\7\ 
As required by 19 CFR 351.214(b)(2)(iii)(B), Inner Mongolia Jianlong 
also certified that its export activities were not controlled by the 
government of the PRC.\8\
---------------------------------------------------------------------------

    \6\ Id. at 2.
    \7\ Id.
    \8\ Id.
---------------------------------------------------------------------------

    In addition, pursuant to 19 CFR 351.214(b)(2)(iv), Inner Mongolia 
Jianlong submitted documentation concerning the following: (1) The date

[[Page 52032]]

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.\9\
---------------------------------------------------------------------------

    \9\ Id. at 2-3 and Exhibit 1.
---------------------------------------------------------------------------

    The Department conducted a CBP database query and confirmed by 
examining the results of the CBP data query that Inner Mongolia 
Jianlong's subject merchandise entered the United States during the POR 
specified by the Department's regulations.\10\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.214(g)(1)(i)(A).
---------------------------------------------------------------------------

Period of Review

    Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for the new shipper 
review of Inner Mongolia Jianlong is July 1, 2014, through June 30, 
2015.\11\
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    \11\ See 19 CFR 351.214(g)(1)(ii)(B).
---------------------------------------------------------------------------

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 Inner 
Mongolia Jianlong 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 Inner Mongolia Jianlong 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.
---------------------------------------------------------------------------

    \12\ See 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: Inner Mongolia Jianlong Biochemical Co., Ltd. Initiation 
Checklist,'' dated concurrently with this notice.
---------------------------------------------------------------------------

    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.\13\
---------------------------------------------------------------------------

    \13\ 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.\14\ 
Accordingly, the Department will issue a questionnaire to Inner 
Mongolia Jianlong which will include a section requesting information 
with regard to its export activities for the purpose of establishing 
Inner Mongolia Jianlong's eligibility for a separate rate. The review 
of Inner Mongolia Jianlong will proceed if the evidence provides 
sufficient indication that Inner Mongolia Jianlong is not subject to 
either de jure or de facto government control with respect to its 
exports of subject merchandise.
---------------------------------------------------------------------------

    \14\ See Xanthan Gum From the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review, 79 FR 11083, 
11084 (February 27, 2014).
---------------------------------------------------------------------------

    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 merchandise 
from Inner Mongolia Jianlong in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Inner 
Mongolia Jianlong certified that it produced and exported the subject 
merchandise that is the subject of this new shipper review, the 
Department will apply the bonding privilege only for subject 
merchandise produced and exported by Inner Mongolia Jianlong.
    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 notice is published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: August 21, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2015-21250 Filed 8-26-15; 8:45 am]
 BILLING CODE 3510-DS-P