Xanthan Gum From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Preliminary Partial Rescission of Antidumping Duty Administrative Review; 2014-2015, 54045-54047 [2016-19410]
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Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0167 or (202) 482–
3627, respectively.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Xanthan Gum From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review, Preliminary Determination of
No Shipments, and Preliminary Partial
Rescission of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (‘‘the Department’’) is
conducting an administrative review of
the antidumping duty order on xanthan
gum from the People’s Republic of
China (‘‘PRC’’). The period of review
(‘‘POR’’) is July 1, 2014, through June
30, 2015. The Department preliminarily:
Found that mandatory respondent
Neimenggu Fufeng Biotechnologies Co.,
Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.)/Shandong
Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd.
(‘‘Fufeng’’) did not make sales of subject
merchandise in the United States at
prices below normal value (‘‘NV’’)
during the POR; applied total adverse
facts available to A.H.A. International
Co., Ltd. and Deosen Biochemical Ltd./
Deosen Biochemical (Ordos) Ltd.
(‘‘Deosen’’); granted separate rates to CP
Kelco (Shandong) Biological Company
Limited and Shanghai Smart Chemicals
Co., Ltd.; included Hebei Xinhe
Biochemical Co., Ltd. as part of the PRCwide entity; and determined that three
companies, Meihua Group International
Trading (Hong Kong) Limited; Langfang
Meihua Bio-Technology Co., Ltd.; and
Xinjiang Meihua Amino Acid Co., Ltd.,
had no reviewable U.S. sales during the
POR. Additionally, the Department is
preliminarily rescinding this
administrative review with respect to
Inner Mongolia Jianlong Biochemical
Co., Ltd (‘‘Inner Mongolia Jianlong’’). If
these preliminary results are adopted in
the final results of this review, we will
instruct U.S. Customs and Border
Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries. Interested parties are invited to
comment on these preliminary results.
DATES: Effective August 15, 2016.
FOR FURTHER INFORMATION CONTACT: Erin
Kearney or Andrew Martinez, AD/CVD
Operations, Office IV, Enforcement &
Compliance, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
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AGENCY:
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Background
The Department published the notice
of initiation of this administrative
review on September 2, 2015.1 For a
complete description of the events that
followed the initiation of this
administrative review, see the
Preliminary Decision Memorandum
hereby adopted by this notice.2
Scope of the Order
The scope of the 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. Merchandise covered by
the scope of this order is classified in
the Harmonized Tariff Schedule 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.3
Tolling of Deadline of Preliminary
Results of Review
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days.4 As a
result, the revised deadline for the
preliminary results of this review was
April 7, 2016. On April 4, 2016, the
Department extended the deadline for
the preliminary results to August 5,
2016.
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
53106 (September 2, 2015) (‘‘Initiation Notice’’).
2 See ‘‘Decision Memorandum for the Preliminary
Results of the Second Antidumping Duty
Administrative Review of Xanthan Gum from the
People’s Republic of China,’’ (‘‘Preliminary
Decision Memorandum’’), dated concurrently with
this notice.
3 For a complete description of the scope of the
order, see Preliminary Decision Memorandum.
4 See Memorandum to the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement & Compliance, ‘‘Tolling of
Administrative Deadlines As a Result of the
Government Closure During Snowstorm Jonas’’
(January 27, 2016).
PO 00000
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54045
amended (the ‘‘Act’’). The Department
calculated export prices and constructed
export prices, as appropriate, in
accordance with section 772 of the Act.
Given that the PRC is a non-market
economy (‘‘NME’’) country, within the
meaning of section 771(18) of the Act,
the Department calculated NV in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum,
which is hereby adopted by this notice.5
The Preliminary Decision Memorandum
is a public document and is made
available to the public via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at http://access.trade.gov, and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at http://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Determination of No
Shipments
Based on an analysis of CBP
information and timely certifications of
no shipments during the POR, the
Department preliminarily determines
that Meihua Group International
Trading (Hong Kong) Limited, Langfang
Meihua Bio-Technology Co., Ltd., and
Xinjiang Meihua Amino Acid Co., Ltd.
had no shipments and, therefore, no
reviewable transactions during the POR.
For additional information regarding
this determination, see the Preliminary
Decision Memorandum.
Consistent with our practice in NME
cases, the Department is not rescinding
this administrative review for these
companies, but intends to complete the
review and issue appropriate
instructions to CBP based on the final
results of the review.6
Preliminary Partial Rescission of
Antidumping Duty Administrative
Review
Inner Mongolia Jianlong’s one sale
during the POR is subject to both an
5 A list of topics discussed in the Preliminary
Decision Memorandum is provided in the
Appendix to this notice.
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, below.
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Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices
ongoing new shipper review and this
administrative review. The Department
preliminarily rescinded the new shipper
review based on a finding that the sale
was not a bona fide sale.7 Because the
sale subject to this administrative
review is the same sale preliminarily
found to be a non-bona fide sale in the
new shipper review, and there are no
other reviewable sales by Inner
Mongolia Jianlong during the POR, we
are preliminarily rescinding this review
with respect to Inner Mongolia Jianlong.
For additional information regarding
this determination, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
Based on record evidence, the
Department preliminarily continues to
treat Deosen Biochemical Ltd. and
Deosen Biochemical (Ordos) Ltd. as a
single entity for AD purposes.
Furthermore, based on record evidence,
the Department preliminarily finds that
Neimenggu Fufeng Biotechnologies Co.,
Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.), Shandong
Fufeng Fermentation Co. Ltd., and
Xinjiang Fufeng Biotechnologies Co.,
Ltd. are affiliated and should be treated
as a single entity for AD purposes. For
additional information, see the
Preliminary Decision Memorandum.
In addition to the mandatory
respondents, we preliminarily
determine that CP Kelco (Shandong)
Biological Company Limited and
Shanghai Smart Chemicals Co., Ltd. also
demonstrated their eligibility for a
separate rate in this administrative
review. Consistent with the
Department’s practice, we preliminarily
assigned these companies a rate equal to
the simple average of the weightedaverage dumping margins assigned to
the mandatory respondents in this
review.8
Because Hebei Xinhe Biochemical Co.
Ltd. did not submit a separate rate
application or separate rate certification,
or make a claim that it had no exports,
sales, or entries of subject merchandise
during the POR by the deadline
established in the Initiation Notice, we
preliminarily find that it failed to
establish its entitlement to a separate
rate and that it, therefore, remains a part
of the PRC-wide entity.9 The rate
previously established for the PRC-wide
entity is 154.07 percent. This rate is not
under review.10
Finally, we preliminarily determined
that Deosen and A.H.A. International
Co., Ltd. did not cooperate to the best
of their ability in this administrative
review, and as a result, we have based
their dumping margins on adverse facts
available for these preliminary results.11
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
POR:
Weighted-average
dumping margin
(percent)
Exporter
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd ................................................................................................
Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd .......................................................................................................
A.H.A. International Co., Ltd ........................................................................................................................................................
CP Kelco (Shandong) Biological Company Limited ....................................................................................................................
Shanghai Smart Chemicals Co., Ltd ...........................................................................................................................................
Disclosure and Public Comment
sradovich on DSK3GMQ082PROD with NOTICES
The Department intends to disclose to
parties the calculations performed for
these preliminary results within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.12
Rebuttals to case briefs may be filed no
later than five days after case briefs are
filed, and all rebuttal comments must be
limited to comments raised in the case
briefs.13
7 See Memorandum to the File, ‘‘Inner Mongolia
Jianlong Biochemical Co., Ltd.’s New Shipper
Review Analysis,’’ dated concurrently with this
notice.
8 See Preliminary Decision Memorandum.
Because only two weighted-average dumping
margins were assigned to the individually
examined respondents for these preliminary results,
using a weighted average of these two rates risks
disclosure of business proprietary information.
Therefore we calculated a simple average of the
rates assigned to Fufeng and Deosen.
9 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
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19:23 Aug 12, 2016
Jkt 238001
0.00
154.07
154.07
77.04
77.04
Any interested party may request a
hearing within 30 days of publication of
this notice.14 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.15
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in the case
briefs, within 120 days of publication of
these preliminary results, pursuant to
section 751(a)(3)(A) of the Act.
51548, 51549 (August 29, 2014) (‘‘All firms listed
below that wish to qualify for separate rate status
in the administrative reviews involving NME
countries must complete, as appropriate, either a
separate rate application or certification. . .’’).
10 See Preliminary Decision Memorandum.
Pursuant to the Department’s change in practice,
the Department no longer considers the NME entity
as an exporter conditionally subject to
administrative reviews. See Antidumping
Proceedings: Announcement of Change in
Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional
Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65963,
65970 (November 4, 2013). Under this practice, the
NME entity will not be under review unless a party
specifically requests, or the Department selfinitiates, a review of the entity. Because no party
requested a review of the entity, the entity is not
under review and the entity’s rate is not subject to
change.
11 See Preliminary Decision Memorandum.
12 See 19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d).
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310(d).
16 See 19 CFR 351.212(b)(1).
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Fmt 4703
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Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.16 The Department intends to
issue appropriate assessment
instructions to CBP 15 days after the
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Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
publication of the final results of this
review.
For each individually examined
respondent in this review whose
calculated weighted-average dumping
margin in the final results of review is
above de minimis (i.e., greater than or
equal to 0.5 percent), the Department
intends to calculate importer- (or
customer) specific assessment rates, in
accordance with 19 CFR 351.212(b)(1).17
Where the respondent reported reliable
entered values, the Department intends
to calculate importer- (or customer)
specific ad valorem rates by aggregating
the dumping margins calculated for all
U.S. sales to the importer (or customer)
and dividing this amount by the total
entered value of the sales to the
importer (or customer).18 Where the
Department calculates an importer- (or
customer) specific weighted-average
dumping margin by dividing the total
amount of dumping for reviewed sales
to the importer (or customer) by the
total sales quantity associated with
those transactions, the Department will
direct CBP to assess importer- (or
customer) specific assessment rates
based on the resulting per-unit rates.19
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific assessment rate is
above de minimis. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer (or customer-) specific ad
valorem or per-unit rate is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.20
For entries that were not reported in the
U.S. sales database submitted by a
company individually examined during
this review, and any suspended entries
that entered under an exporter’s case
number however the Department
determined that the exporter had no
shipments of subject merchandise, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate.21
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
17 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Final Modification’’).
18 See 19 CFR 351.212(b)(1).
19 Id.
20 See Final Modification at 8103.
21 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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19:23 Aug 12, 2016
Jkt 238001
final results of this review and for future
deposits of estimated duties, where
applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of this review (except, if the rate
is zero or de minimis, then the cash
deposit rate of zero will be established
for that company); (2) for previously
investigated or reviewed PRC and nonPRC exporters that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be the rate for
the PRC-wide entity, which is 154.07
percent; and (4) for all non-PRC
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary 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 this POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
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54047
4. Selection of Respondents
5. Preliminary Determination of No
Shipments
6. Preliminary Partial Rescission of
Antidumping Duty Administrative
Review
7. Application of Adverse Facts Available
and Selection of Adverse Facts Available
Rate
8. Single Entity Treatment
9. Discussion of Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Surrogate Country
d. Date of Sale
e. Comparisons to Normal Value
f. U.S. Price
g. Normal Value
h. Currency Conversion
10. Recommendation
[FR Doc. 2016–19410 Filed 8–12–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE788
Endangered Species; File No. 20339
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
the NMFS Southeast Fisheries Center
(SEFSC), 75 Virginia Beach Drive,
Miami, FL 33149 [Responsible Party:
Bonnie Ponwith], has applied in due
form for a permit to take loggerhead
(Caretta caretta), Kemp’s ridley
(Lepidochelys kempii), green (Chelonia
mydas), leatherback (Dermochelys
coriacea), hawksbill (Eretmochelys
imbricata), olive ridley (Lepidochelys
olivacea) and unidentified sea turtles for
purposes of scientific research.
DATES: Written, telefaxed, or email
comments must be received on or before
September 14, 2016.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 20339 from the list of
available applications.
These documents are also available
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.
SUMMARY:
E:\FR\FM\15AUN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54045-54047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19410]
[[Page 54045]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review, Preliminary
Determination of No Shipments, and Preliminary Partial Rescission of
Antidumping Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (``the Department'') is conducting an
administrative review of the antidumping duty order on xanthan gum from
the People's Republic of China (``PRC''). The period of review
(``POR'') is July 1, 2014, through June 30, 2015. The Department
preliminarily: Found that mandatory respondent Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies
Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng
Biotechnologies Co., Ltd. (``Fufeng'') did not make sales of subject
merchandise in the United States at prices below normal value (``NV'')
during the POR; applied total adverse facts available to A.H.A.
International Co., Ltd. and Deosen Biochemical Ltd./Deosen Biochemical
(Ordos) Ltd. (``Deosen''); granted separate rates to CP Kelco
(Shandong) Biological Company Limited and Shanghai Smart Chemicals Co.,
Ltd.; included Hebei Xinhe Biochemical Co., Ltd. as part of the PRC-
wide entity; and determined that three companies, Meihua Group
International Trading (Hong Kong) Limited; Langfang Meihua Bio-
Technology Co., Ltd.; and Xinjiang Meihua Amino Acid Co., Ltd., had no
reviewable U.S. sales during the POR. Additionally, the Department is
preliminarily rescinding this administrative review with respect to
Inner Mongolia Jianlong Biochemical Co., Ltd (``Inner Mongolia
Jianlong''). If these preliminary results are adopted in the final
results of this review, we will instruct U.S. Customs and Border
Protection (``CBP'') to assess antidumping duties on all appropriate
entries. Interested parties are invited to comment on these preliminary
results.
DATES: Effective August 15, 2016.
FOR FURTHER INFORMATION CONTACT: Erin Kearney or Andrew Martinez, AD/
CVD Operations, Office IV, Enforcement & Compliance, International
Trade Administration, Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0167 or (202) 482-3627, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
administrative review on September 2, 2015.\1\ For a complete
description of the events that followed the initiation of this
administrative review, see the Preliminary Decision Memorandum hereby
adopted by this notice.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 53106 (September 2, 2015)
(``Initiation Notice'').
\2\ See ``Decision Memorandum for the Preliminary Results of the
Second Antidumping Duty Administrative Review of Xanthan Gum from
the People's Republic of China,'' (``Preliminary Decision
Memorandum''), dated concurrently with this notice.
---------------------------------------------------------------------------
Scope of the Order
The scope of the 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. Merchandise covered by the scope of this order is classified in
the Harmonized Tariff Schedule 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.\3\
---------------------------------------------------------------------------
\3\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Tolling of Deadline of Preliminary Results of Review
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government. All deadlines in this segment of the
proceeding have been extended by four business days.\4\ As a result,
the revised deadline for the preliminary results of this review was
April 7, 2016. On April 4, 2016, the Department extended the deadline
for the preliminary results to August 5, 2016.
---------------------------------------------------------------------------
\4\ See Memorandum to the Record from Ron Lorentzen, Acting
Assistant Secretary for Enforcement & Compliance, ``Tolling of
Administrative Deadlines As a Result of the Government Closure
During Snowstorm Jonas'' (January 27, 2016).
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the ``Act''). The
Department calculated export prices and constructed export prices, as
appropriate, in accordance with section 772 of the Act. Given that the
PRC is a non-market economy (``NME'') country, within the meaning of
section 771(18) of the Act, the Department calculated NV in accordance
with section 773(c) of the Act.
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum, which is hereby adopted by this notice.\5\ The Preliminary
Decision Memorandum is a public document and is made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (``ACCESS''). ACCESS is
available to registered users at http://access.trade.gov, and is
available to all parties in the Central Records Unit, Room B8024 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\5\ A list of topics discussed in the Preliminary Decision
Memorandum is provided in the Appendix to this notice.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Based on an analysis of CBP information and timely certifications
of no shipments during the POR, the Department preliminarily determines
that Meihua Group International Trading (Hong Kong) Limited, Langfang
Meihua Bio-Technology Co., Ltd., and Xinjiang Meihua Amino Acid Co.,
Ltd. had no shipments and, therefore, no reviewable transactions during
the POR. For additional information regarding this determination, see
the Preliminary Decision Memorandum.
Consistent with our practice in NME cases, the Department is not
rescinding this administrative review for these companies, but intends
to complete the review and issue appropriate instructions to CBP based
on the final results of the review.\6\
---------------------------------------------------------------------------
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
Preliminary Partial Rescission of Antidumping Duty Administrative
Review
Inner Mongolia Jianlong's one sale during the POR is subject to
both an
[[Page 54046]]
ongoing new shipper review and this administrative review. The
Department preliminarily rescinded the new shipper review based on a
finding that the sale was not a bona fide sale.\7\ Because the sale
subject to this administrative review is the same sale preliminarily
found to be a non-bona fide sale in the new shipper review, and there
are no other reviewable sales by Inner Mongolia Jianlong during the
POR, we are preliminarily rescinding this review with respect to Inner
Mongolia Jianlong. For additional information regarding this
determination, see the Preliminary Decision Memorandum.
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\7\ See Memorandum to the File, ``Inner Mongolia Jianlong
Biochemical Co., Ltd.'s New Shipper Review Analysis,'' dated
concurrently with this notice.
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Preliminary Results of Review
Based on record evidence, the Department preliminarily continues to
treat Deosen Biochemical Ltd. and Deosen Biochemical (Ordos) Ltd. as a
single entity for AD purposes. Furthermore, based on record evidence,
the Department preliminarily finds that Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies
Co., Ltd.), Shandong Fufeng Fermentation Co. Ltd., and Xinjiang Fufeng
Biotechnologies Co., Ltd. are affiliated and should be treated as a
single entity for AD purposes. For additional information, see the
Preliminary Decision Memorandum.
In addition to the mandatory respondents, we preliminarily
determine that CP Kelco (Shandong) Biological Company Limited and
Shanghai Smart Chemicals Co., Ltd. also demonstrated their eligibility
for a separate rate in this administrative review. Consistent with the
Department's practice, we preliminarily assigned these companies a rate
equal to the simple average of the weighted-average dumping margins
assigned to the mandatory respondents in this review.\8\
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\8\ See Preliminary Decision Memorandum. Because only two
weighted-average dumping margins were assigned to the individually
examined respondents for these preliminary results, using a weighted
average of these two rates risks disclosure of business proprietary
information. Therefore we calculated a simple average of the rates
assigned to Fufeng and Deosen.
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Because Hebei Xinhe Biochemical Co. Ltd. did not submit a separate
rate application or separate rate certification, or make a claim that
it had no exports, sales, or entries of subject merchandise during the
POR by the deadline established in the Initiation Notice, we
preliminarily find that it failed to establish its entitlement to a
separate rate and that it, therefore, remains a part of the PRC-wide
entity.\9\ The rate previously established for the PRC-wide entity is
154.07 percent. This rate is not under review.\10\
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\9\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 51548, 51549 (August 29, 2014) (``All
firms listed below that wish to qualify for separate rate status in
the administrative reviews involving NME countries must complete, as
appropriate, either a separate rate application or certification. .
.'').
\10\ See Preliminary Decision Memorandum. Pursuant to the
Department's change in practice, the Department no longer considers
the NME entity as an exporter conditionally subject to
administrative reviews. See Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963,
65970 (November 4, 2013). Under this practice, the NME entity will
not be under review unless a party specifically requests, or the
Department self-initiates, a review of the entity. Because no party
requested a review of the entity, the entity is not under review and
the entity's rate is not subject to change.
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Finally, we preliminarily determined that Deosen and A.H.A.
International Co., Ltd. did not cooperate to the best of their ability
in this administrative review, and as a result, we have based their
dumping margins on adverse facts available for these preliminary
results.\11\
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\11\ See Preliminary Decision Memorandum.
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The Department preliminarily determines that the following
weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 0.00
Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
Shandong Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd....................
Deosen Biochemical Ltd./Deosen Biochemical (Ordos) 154.07
Ltd................................................
A.H.A. International Co., Ltd....................... 154.07
CP Kelco (Shandong) Biological Company Limited...... 77.04
Shanghai Smart Chemicals Co., Ltd................... 77.04
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\12\
Rebuttals to case briefs may be filed no later than five days after
case briefs are filed, and all rebuttal comments must be limited to
comments raised in the case briefs.\13\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\14\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\15\
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in the case briefs, within 120
days of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\16\ The Department intends to issue appropriate
assessment instructions to CBP 15 days after the
[[Page 54047]]
publication of the final results of this review.
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\16\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
calculated weighted-average dumping margin in the final results of
review is above de minimis (i.e., greater than or equal to 0.5
percent), the Department intends to calculate importer- (or customer)
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\17\
Where the respondent reported reliable entered values, the Department
intends to calculate importer- (or customer) specific ad valorem rates
by aggregating the dumping margins calculated for all U.S. sales to the
importer (or customer) and dividing this amount by the total entered
value of the sales to the importer (or customer).\18\ Where the
Department calculates an importer- (or customer) specific weighted-
average dumping margin by dividing the total amount of dumping for
reviewed sales to the importer (or customer) by the total sales
quantity associated with those transactions, the Department will direct
CBP to assess importer- (or customer) specific assessment rates based
on the resulting per-unit rates.\19\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate is above de minimis. Where
either the respondent's weighted average dumping margin is zero or de
minimis, or an importer (or customer-) specific ad valorem or per-unit
rate is zero or de minimis, the Department will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\20\
For entries that were not reported in the U.S. sales database submitted
by a company individually examined during this review, and any
suspended entries that entered under an exporter's case number however
the Department determined that the exporter had no shipments of subject
merchandise, the Department will instruct CBP to liquidate such entries
at the PRC-wide rate.\21\
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\17\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(``Final Modification'').
\18\ See 19 CFR 351.212(b)(1).
\19\ Id.
\20\ See Final Modification at 8103.
\21\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the companies
listed above that have a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except, if
the rate is zero or de minimis, then the cash deposit rate of zero will
be established for that company); (2) for previously investigated or
reviewed PRC and non-PRC exporters that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all PRC exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate for the PRC-wide
entity, which is 154.07 percent; and (4) for all non-PRC exporters of
subject merchandise that have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary 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 this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Selection of Respondents
5. Preliminary Determination of No Shipments
6. Preliminary Partial Rescission of Antidumping Duty Administrative
Review
7. Application of Adverse Facts Available and Selection of Adverse
Facts Available Rate
8. Single Entity Treatment
9. Discussion of Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Surrogate Country
d. Date of Sale
e. Comparisons to Normal Value
f. U.S. Price
g. Normal Value
h. Currency Conversion
10. Recommendation
[FR Doc. 2016-19410 Filed 8-12-16; 8:45 am]
BILLING CODE 3510-DS-P
