Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, Final Partial Rescission; 2014-2015, 11434-11437 [2017-03504]

Download as PDF 11434 Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: February 16, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. rmajette on DSK2TPTVN1PROD with NOTICES Appendix I Companies Subject to Review Determined To Be Part of the Vietnam-Wide Entity 1. Amanda Foods (Vietnam) Ltd. Ngoc Tri Seafood Company (Amanda’s affiliate) 2. Amanda Seafood Co., Ltd. 3. An Giang Coffee JSC 4. Anvifish Joint Stock Co. 5. Asia Food Stuffs Import Export Co., Ltd. 6. Binh Thuan Import—Export Joint Stock Company (THAIMEX) 7. Binh An Seafood Joint Stock Company 8. B.O.P. Limited Co. 9. C.P. Vietnam Corporation, aka C.P. Vietnam Corporation (‘‘C.P. Vietnam’’), aka C.P. Vietnam Livestock Company Limited, aka C.P. Vietnam Livestock Corporation 10. Can Tho Agricultural and Animal Product Import Export Company (‘‘CATACO’’), aka Can Tho Agricultural and Animal Products Import Export Company (‘‘CATACO’’), aka Can Tho Agricultural and Animal Products Imex Company, aka Can Tho Agricultural Products 11. Can Tho Import Export Seafood Joint Stock Company (CASEAMEX) 12. Cautre Export Goods Processing Joint Stock Company 13. Coastal Fisheries Development Corporation (‘‘COFIDEC’’) 14. Danang Seaproducts Import-Export Corporation (‘‘Seaprodex Danang’’) (and its affiliates), aka Danang Seaproducts Import Export Corporation (and its affiliate, Tho Quang Seafood Processing and Export Company) (collectively, ‘‘Seaprodex Danang’’)), aka Danang Seaproducts Import Export Corporation (‘‘Seaprodex Danang’’), aka Seaprodex Danang, aka Tho Quang Co, aka Tho Quang Seafood Processing and Export Company, aka Frozen Seafoods Factory No. 32 (Tho Quang Seafood Processing and Export Company) 15. Duy Dai Corporation 16. D & N Foods Processing (Danang Company Ltd.) 17. Gallant Ocean (Quang Ngai) Co., Ltd. 18. Gn Foods 19. Hai Thanh Food Company Ltd. 20. Hai Vuong Co., Ltd. 21. Han An Trading Service Co., Ltd. 22. Hoang Hai Company Ltd. 23. Hua Heong Food Industries Vietnam Co. Ltd. 24. Huynh Huong Seafood Processing (Huynh Houng Trading and Import Export Joint Stock Company) 25. Kien Long Seafoods Co. Ltd. 26. Khanh Loi Seafood Factory VerDate Sep<11>2014 14:10 Feb 22, 2017 Jkt 241001 27. Long Toan Frozen Aquatic Products Joint Stock Company 28. Luan Vo Fishery Co., Ltd. 29. Minh Chau Imp. Exp. Seafood Processing Co., Ltd. 30. Mp Consol Co., Ltd. 31. New Wind Seafood Co., Ltd. 32. Ngoc Chau Co., Ltd. and/or Ngoc Chau Seafood Processing Company 33. Ngoc Sinh, aka Ngoc Sinh Fisheries, aka Ngoc Sinh Private Enterprises, aka Ngoc Sinh Seafoods, aka Ngoc Sinh Seafood Processing Company, aka Ngoc Sinh Seafood Trading & Processing Enterprise 34. Nhat Duc Co., Ltd. (‘‘Nhat Duc’’), aka Nhat Duc Co., Ltd., aka Duc Co. Ltd. 35. Phu Cuong Jostoco Seafood Corporation, aka Phu Cuong Jostoco Corp. 36. Quoc Ai Seafood Processing Import Export Co., Ltd. 37. S.R.V. Freight Services Co., Ltd. 38. Saigon Food Joint Stock Company 39. Sustainable Seafood 40. Tan Thanh Loi Frozen Food Co., Ltd. 41. Tan Phong Phu Seafood Co., Ltd., aka Tan Phong Phu Seafood Company Ltd. (‘‘TPP Co., Ltd.’’), aka Tan Phong Phu Seafood Co. Ltd. (‘‘TPP Co., Ltd.’’) 42. Thanh Doan Seaproducts Import & Export Processing Joint-Stock Company (THADIMEXCO) 43. Thanh Hung Frozen Seafood Processing Import Export Co., Ltd. 44. Thanh Tri Seafood Processing Co. Ltd. 45. Thinh Hung Co., Ltd. 46. Trang Khan Seafood Co., Ltd. 47. Tien Tien Garment Joint Stock Company 48. Tithi Co., Ltd. 49. Viet Cuong Seafood Processing Import Export Joint-Stock Company 50. Vietnam Northern Viking Technologies Co. Ltd. 51. Vinatex Danang 52. Vinh Loi Import Export Company (‘‘VIMEX’’), aka Vinh Loi Import Export Company (‘‘Vimexco’’) 53. Xi Nghiep Che Bien Thuy Sue San Xuat Kau Cantho [FR Doc. 2017–03503 Filed 2–22–17; 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: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, Final Partial Rescission; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has conducted an administrative review of the antidumping duty order on xanthan gum from the People’s Republic of China (‘‘PRC’’). For these final results, AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 we have treated Neimenggu Fufeng Biotechnologies Co., Ltd. (a.k.a. Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, ‘‘Fufeng’’), Deosen Biochemical Ltd./ Deosen Biochemical (Ordos) Ltd. (collectively, ‘‘Deosen’’), and A.H.A. International Co., Ltd. (‘‘AHA’’) as mandatory respondents. The period of review (‘‘POR’’) is July 01, 2014, through June 30, 2015. The Department published its Preliminary Results of review on August 15, 2016. We gave interested parties an opportunity to comment on the Preliminary Results, and based upon our analysis of the comments received, we have not made any changes to the dumping margin calculations for these final results of review. DATES: Effective February 23, 2017. FOR FURTHER INFORMATION CONTACT: Patrick O’Connor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0989. SUPPLEMENTARY INFORMATION: Background The Department published its Preliminary Results on August 15, 2016.1 On September 14, 2016, Inner Mongolia Jianlong Biochemical Co., Ltd. (‘‘IMJ’’), CP Kelco U.S., Inc. (‘‘Petitioner’’), and Deosen Biochemical (Ordos) Ltd., Deosen Biochemical Ltd. (collectively ‘‘Deosen’’) and A.H.A. International Co., Ltd. (‘‘AHA’’) (collectively, ‘‘Deosen/AHA’’) requested a hearing. Between September 14, 2016, and November 21, 2016, Archer Daniels Midland Company (‘‘ADM’’), Shanghai Smart Chemicals Co., Ltd. (‘‘Shanghai Smart’’), Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. (‘‘Fufeng’’), Deosen/AHA, IMJ, and Petitioner submitted case briefs and rebuttal briefs.2 On December 14, 2016, the 1 See 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, 81 FR 54045 (August 15, 2016) (‘‘Preliminary Results’’), and accompanying Preliminary Decision Memorandum. 2 Deosen/AHA submitted its case brief on September 14, 2016; however, because of filing deficiencies, Deosen/AHA refiled its case brief on November 21, 2016. See also Memorandum to the File, Re: ‘‘Xanthan Gum from the People’s Republic E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices Department held a hearing for interested parties. On December 8, 2016, January 10, 2017, and January 25, 2017, the Department extended the deadline for issuing the final results of this administrative review.3 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 3913.90.20.4 Although this tariff classification is provided for convenience and customs purposes, the written description remains dispositive. rmajette on DSK2TPTVN1PROD with NOTICES Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs submitted by parties in this review in the Issues and Decision Memorandum, which is hereby adopted by this notice. Appendix I to this notice provides a list of the issues which parties raised. The Issues and Decision Memorandum is a public document and is on file electronically 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 it is available to all parties in the Central Records Unit of the main Department of Commerce of China: Telephone Call to Alston & Bird LLP, Counsel for Deosen Biochemical Ltd. and A.H.A International Co., Ltd.,’’ dated November 14, 2016. 3 See Memorandum to Christian Marsh, Deputy Assistant Secretary for AD/CVD Operations, ‘‘2014– 2015 Antidumping Duty Administrative Review of Xanthan Gum from the People’s Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated December 8, 2016; see also Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for AD/CVD Operations, ‘‘2014–2015 Antidumping Duty Administrative Review of Xanthan Gum from the People’s Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated January 10, 2017; see also Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for AD/CVD Operations, ‘‘2014–2015 Antidumping Duty Administrative Review of Xanthan Gum from the People’s Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated January 25, 2017. 4 For the full text of the scope of the order, see Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Xanthan Gum from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the Second Antidumping Duty Administrative Review,’’ (‘‘Issues and Decision Memorandum’’), dated concurrently with this notice. VerDate Sep<11>2014 14:10 Feb 22, 2017 Jkt 241001 building, Room B8024. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we have made no changes since the preliminary results. Adverse Facts Available In the Preliminary Results, the Department applied total adverse facts available (‘‘AFA’’) to Deosen and AHA and assigned these companies a rate of 154.07 percent, the highest rate on the record of the proceeding. The Department determined that these companies significantly impeded the proceeding, withheld information requested by the Department, and failed to cooperate by not acting to the best of their ability to comply with requests for information.5 As discussed in the Issues and Decision Memorandum, we continue to apply a dumping margin based on AFA to Deosen and AHA for these final results of review.6 Separate Rates In the Preliminary Results, the Department found that Fufeng, Deosen, AHA, CP Kelco (Shandong) Biological Company Limited (‘‘CP Kelco (Shandong)’’) and Shanghai Smart, demonstrated their eligibility for a separate rate but that the nonindividually examined respondent Hebei Xinhe Biochemical Co. Ltd., (‘‘Hebei Xinhe’’) did not demonstrate its eligibility for a separate rate because it failed to file a separate rate application or a separate rate certification.7 Thus, the Department treated Hebei Xinhe as part of the PRC-wide entity. We have considered interested parties’ comments regarding our preliminary separate rates determination, and decided not to change the preliminary determination in these final results of review. We have considered interested parties’ comments regarding our preliminary separate rates determination, and decided to: (1) Continue to grant Fufeng, Deosen, AHA, CP Kelco (Shandong), and Shanghai Smart separate rates status; and (2) continue to not grant IMJ separate rate status because it had no reviewable 5 See PDM at 7–9. Issues and Decision Memorandum at Comment 1. 7 See Preliminary Results, 81 FR at 54046. 6 See PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 11435 sales for these final results of review. For further details, see the Issues and Decision Memorandum.8 Final Determination of No Shipments In the Preliminary Results, the Department found that Meihua Group International Trading (Hong Kong) Limited, Langfang Meihua BioTechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd. had no shipments and, therefore, no reviewable transactions during the POR.9 No parties commented on this determination. For the final results of review, we continue to find that these companies had no shipments during the POR. Final Partial Rescission of Antidumping Duty Administrative Review Because IMJ’s one sale during the POR is the same sale found to be a nonbona fide sale in a new shipper review, and there are no other reviewable sales by IMJ during the POR, we have rescinded this review with respect to IMJ.10 For additional information regarding this determination, see the Issues and Decision Memorandum.11 Dumping Margin for Non-Individually Examined Respondents Granted Separate Rate Status Neither the Act, nor the Department’s regulations, addresses the establishment of the dumping margin applied to separate rate companies not selected for individual examination where the Department limits its individual examination in an administrative review pursuant to section 777A(c)(2) of the Act. The Department’s practice in administrative reviews involving limited selection based on exporters accounting for the largest volume of subject merchandise during the period of review has been to look to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all-others rate in an investigation. Under section 735(c)(5)(A) of the Act, the Department avoids calculating an allothers rate using rates that are zero, de minimis, or based entirely on facts available in investigations. Section 735(c)(5)(B) of the Act provides that, where all dumping margins established for the mandatory respondents are zero, de minimis, or based entirely on facts available, the Department may use ‘‘any reasonable method’’ for assigning an allothers rate. 8 See Issues and Decision Memorandum at Comments 2 and 5. 9 See Preliminary Results at 8 FR 54045. 10 See Preliminary Results at 8 FR 54045 54046. 11 See Issues and Decision Memorandum at Comment 4. E:\FR\FM\23FEN1.SGM 23FEN1 11436 Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices In these final results of review, the dumping margins determined for the mandatory respondents are either zero, de minimis, or based entirely on AFA. Therefore, in accordance with section 735(c)(5)(B) of the Act, we have applied to the non-individually examined companies eligible for a separate rate a dumping margin equal to the simple average of the zero and AFA rates determined for the mandatory respondents.12 Final Results of Administrative Review We determine that the following weighted-average dumping margins exist for the POR: Weighted-average dumping margins (percentage) 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 ........................................................................................................................................... rmajette on DSK2TPTVN1PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department has determined, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. We intend to instruct CBP to liquidate POR entries of subject merchandise from Deosen, AHA, CP Kelco (Shandong), and Shanghai Smart at the rates listed for those companies in the table above. Where the respondent’s weighted-average dumping margin is zero or de minimis, or where 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.13 For entries that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, but that entered under the case number of that exporter (i.e., at the individually-examined exporter’s cash deposit rate), the Department will instruct CBP to liquidate such entries at the PRC-wide rate (i.e., 154.07 percent). Additionally, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number will be liquidated at the PRCwide rate. Cash Deposit Requirements The following cash deposit requirements will be effective for shipments of the subject merchandise entered, or withdrawn from warehouse, 12 See Issues and Decision Memorandum at Comment 3. VerDate Sep<11>2014 14:10 Feb 22, 2017 Jkt 241001 for consumption on or after the publication date of the final results of review, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed in the table above, the cash deposit rate will be the rate established in the final results of review that is listed for the exporter in the table; (2) for previously investigated or reviewed PRC and non-PRC exporters not listed in the table above that have separate rates, the cash deposit rate will continue to be the existing exporterspecific rate published for the most recent period; (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 previously established for the PRCwide entity, which is 154.07 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that nonPRC exporter. The cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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. 13 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 0.00 154.07 154.07 77.04 77.04 Notification Regarding Administrative Protective Order (‘‘APO’’) This notice also serves as a reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing these final results of administrative review and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: February 13, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Application of Adverse Facts Available for Deosen and AHA Comment 2: Separate Rate Status of AHA Comment 3: Separate Rate Margin Calculation Comment 4: Separate Rate Status of IMJ Comment 5: Separate Rate Status of Shanghai Smart Comment 6: Adjustment of the Sodium Hypochlorite Surrogate Value Comment 7: Surrogate Value for Ocean Freight Comment 8: Surrogate Value for Electricity Comment 9: New Factual Information in Deosen/AHA’s Case Brief Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 2012). E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices Recommendation 4. Review the upcoming schedule and nominate additional products for review by the Center for Independent Experts, if necessary. 5. Public Comment. [FR Doc. 2017–03504 Filed 2–22–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Special Accommodations National Oceanic and Atmospheric Administration RIN 0648–XF239 Western Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The Western Pacific Stock Assessment Review (WPSAR) Steering Committee will convene a public meeting to discuss and approve the 5year calendar for stock assessments, and to address any other concerns related to the WPSAR process: https:// www.pifsc.noaa.gov/peer_reviews/ wpsar/index.php. The steering committee consists of the Executive Director of the Council, the Director of the NMFS Pacific Islands Fisheries Science Center, and the Regional Administrator of the NMFS Pacific Islands Regional Office. DATES: The meeting will be held on March 6, 2017, from 2 to 4 p.m. ADDRESSES: The meeting will be held at the Honolulu Service Center, NOAA Fisheries, Pier 38, Honolulu Harbor, 1139 N. Nimitz Hwy, Suite 220, Honolulu, HI 96817. FOR FURTHER INFORMATION CONTACT: Benjamin Richards at (808) 725–5320. SUPPLEMENTARY INFORMATION: The public will have an opportunity to comment. The order in which agenda items are addressed may change. The meeting will run as late as necessary to complete scheduled business. SUMMARY: Schedule and Agenda for the Steering Committee Meeting rmajette on DSK2TPTVN1PROD with NOTICES March 6, 2017—2 p.m.–4 p.m. 1. Introductions. 2. Discuss and update the 5-year stock assessment review schedule, including any changes to the scheduling of reviews for stock assessments already on the calendar, and any new additions to the schedule. 3. Discuss and update review levels, i.e. whether the stock assessments on the calendar will be reviewed as benchmark assessments (new assessments) or assessment updates (updates of existing models with recent data). VerDate Sep<11>2014 14:10 Feb 22, 2017 Jkt 241001 The meeting is physically accessible to people with disabilities. Make direct requests for sign language interpretation or other auxiliary aids to Benjamin Richards at (808) 725–5320 or Benjamin.Richards@noaa.gov at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: February 17, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–03506 Filed 2–22–17; 8:45 am] BILLING CODE 3510–22–P BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No. CFPB–2017–0003] Agency Information Collection Activities: Comment Request Bureau of Consumer Financial Protection. ACTION: Notice and request for comment. AGENCY: In accordance with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Consumer Financial Protection (Bureau) is requesting to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, ‘‘Fair Credit Reporting Act (Regulation V).’’ DATES: Written comments are encouraged and must be received on or before April 24, 2017 to be assured of consideration. ADDRESSES: You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods: • Electronic: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552. • Hand Delivery/Courier: Consumer Financial Protection Bureau (Attention: PRA Office), 1275 First Street NE., Washington, DC 20002. Please note that comments submitted after the comment period will not be accepted. In general, all comments received will become public records, SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 11437 including any personal information provided. Sensitive personal information, such as account numbers or Social Security numbers, should not be included. FOR FURTHER INFORMATION CONTACT: Documentation prepared in support of this information collection request is available at www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435–9575, or email: CFPB_PRA@cfpb.gov. Please do not submit comments to this mailbox. SUPPLEMENTARY INFORMATION: Title of Collection: Fair Credit Reporting Act (Regulation V) 12 CFR 1022. OMB Control Number: 3170–0002. Type of Review: Extension without change of a currently approved collection. Affected Public: Business or other for profit. Estimated Number of Respondents: 779,073. Estimated Total Annual Burden Hours: 6,093,412. Abstract: The consumer disclosures included in Regulation V are designed to alert consumers that a financial institution furnished negative information about them to a consumer reporting agency, that they have a right to opt out of receiving marketing materials and credit or insurance offers, that their credit report was used in setting the material terms of credit that may be less favorable than the terms offered to consumers with better credit histories, that they maintain certain rights with respect to a theft of their identity that they reported to a consumer reporting agency, that they maintain rights with respect to knowing what is in their consumer reporting agency file, that they can request a free credit report, and that they can report a theft of their identity to the Bureau. Consumers then can use the information provided to consider how and when to check and use their credit reports. This is a routine request for OMB to renew its approval of the collections of information currently approved under this OMB control number. The Bureau is not proposing any new or revised collections of information pursuant to this request. Request for Comments: Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Notices]
[Pages 11434-11437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03504]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, Final Partial Rescission; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') has conducted 
an administrative review of the antidumping duty order on xanthan gum 
from the People's Republic of China (``PRC''). For these final results, 
we have treated Neimenggu Fufeng Biotechnologies Co., Ltd. (a.k.a. 
Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng 
Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. 
(collectively, ``Fufeng''), Deosen Biochemical Ltd./Deosen Biochemical 
(Ordos) Ltd. (collectively, ``Deosen''), and A.H.A. International Co., 
Ltd. (``AHA'') as mandatory respondents. The period of review (``POR'') 
is July 01, 2014, through June 30, 2015. The Department published its 
Preliminary Results of review on August 15, 2016. We gave interested 
parties an opportunity to comment on the Preliminary Results, and based 
upon our analysis of the comments received, we have not made any 
changes to the dumping margin calculations for these final results of 
review.

DATES: Effective February 23, 2017.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-0989.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published its Preliminary Results on August 15, 
2016.\1\ On September 14, 2016, Inner Mongolia Jianlong Biochemical 
Co., Ltd. (``IMJ''), CP Kelco U.S., Inc. (``Petitioner''), and Deosen 
Biochemical (Ordos) Ltd., Deosen Biochemical Ltd. (collectively 
``Deosen'') and A.H.A. International Co., Ltd. (``AHA'') (collectively, 
``Deosen/AHA'') requested a hearing. Between September 14, 2016, and 
November 21, 2016, Archer Daniels Midland Company (``ADM''), Shanghai 
Smart Chemicals Co., Ltd. (``Shanghai Smart''), Neimenggu Fufeng 
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies 
Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng 
Biotechnologies Co., Ltd. (``Fufeng''), Deosen/AHA, IMJ, and Petitioner 
submitted case briefs and rebuttal briefs.\2\ On December 14, 2016, the

[[Page 11435]]

Department held a hearing for interested parties. On December 8, 2016, 
January 10, 2017, and January 25, 2017, the Department extended the 
deadline for issuing the final results of this administrative 
review.\3\
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    \1\ See 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, 81 
FR 54045 (August 15, 2016) (``Preliminary Results''), and 
accompanying Preliminary Decision Memorandum.
    \2\ Deosen/AHA submitted its case brief on September 14, 2016; 
however, because of filing deficiencies, Deosen/AHA refiled its case 
brief on November 21, 2016. See also Memorandum to the File, Re: 
``Xanthan Gum from the People's Republic of China: Telephone Call to 
Alston & Bird LLP, Counsel for Deosen Biochemical Ltd. and A.H.A 
International Co., Ltd.,'' dated November 14, 2016.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for AD/CVD Operations, ``2014-2015 Antidumping Duty 
Administrative Review of Xanthan Gum from the People's Republic of 
China: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated December 8, 2016; see also Memorandum 
to Gary Taverman, Associate Deputy Assistant Secretary for AD/CVD 
Operations, ``2014-2015 Antidumping Duty Administrative Review of 
Xanthan Gum from the People's Republic of China: Extension of 
Deadline for Final Results of Antidumping Duty Administrative 
Review,'' dated January 10, 2017; see also Memorandum to Gary 
Taverman, Associate Deputy Assistant Secretary for AD/CVD 
Operations, ``2014-2015 Antidumping Duty Administrative Review of 
Xanthan Gum from the People's Republic of China: Extension of 
Deadline for Final Results of Antidumping Duty Administrative 
Review,'' dated January 25, 2017.
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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.\4\ Although this tariff classification is provided for 
convenience and customs purposes, the written description remains 
dispositive.
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    \4\ For the full text of the scope of the order, see Memorandum 
to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement 
and Compliance, ``Xanthan Gum from the People's Republic of China: 
Issues and Decision Memorandum for the Final Results of the Second 
Antidumping Duty Administrative Review,'' (``Issues and Decision 
Memorandum''), dated concurrently with this notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
submitted by parties in this review in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. Appendix I to this 
notice provides a list of the issues which parties raised. The Issues 
and Decision Memorandum is a public document and is on file 
electronically 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 
it is available to all parties in the Central Records Unit of the main 
Department of Commerce building, Room B8024. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Internet at http://enforcement.trade.gov/frn/. The signed Issues 
and Decision Memorandum and the electronic version are identical in 
content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made no 
changes since the preliminary results.

Adverse Facts Available

    In the Preliminary Results, the Department applied total adverse 
facts available (``AFA'') to Deosen and AHA and assigned these 
companies a rate of 154.07 percent, the highest rate on the record of 
the proceeding. The Department determined that these companies 
significantly impeded the proceeding, withheld information requested by 
the Department, and failed to cooperate by not acting to the best of 
their ability to comply with requests for information.\5\ As discussed 
in the Issues and Decision Memorandum, we continue to apply a dumping 
margin based on AFA to Deosen and AHA for these final results of 
review.\6\
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    \5\ See PDM at 7-9.
    \6\ See Issues and Decision Memorandum at Comment 1.
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Separate Rates

    In the Preliminary Results, the Department found that Fufeng, 
Deosen, AHA, CP Kelco (Shandong) Biological Company Limited (``CP Kelco 
(Shandong)'') and Shanghai Smart, demonstrated their eligibility for a 
separate rate but that the non-individually examined respondent Hebei 
Xinhe Biochemical Co. Ltd., (``Hebei Xinhe'') did not demonstrate its 
eligibility for a separate rate because it failed to file a separate 
rate application or a separate rate certification.\7\ Thus, the 
Department treated Hebei Xinhe as part of the PRC-wide entity. We have 
considered interested parties' comments regarding our preliminary 
separate rates determination, and decided not to change the preliminary 
determination in these final results of review. We have considered 
interested parties' comments regarding our preliminary separate rates 
determination, and decided to: (1) Continue to grant Fufeng, Deosen, 
AHA, CP Kelco (Shandong), and Shanghai Smart separate rates status; and 
(2) continue to not grant IMJ separate rate status because it had no 
reviewable sales for these final results of review. For further 
details, see the Issues and Decision Memorandum.\8\
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    \7\ See Preliminary Results, 81 FR at 54046.
    \8\ See Issues and Decision Memorandum at Comments 2 and 5.
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Final Determination of No Shipments

    In the Preliminary Results, the Department found 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.\9\ 
No parties commented on this determination. For the final results of 
review, we continue to find that these companies had no shipments 
during the POR.
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    \9\ See Preliminary Results at 8 FR 54045.
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Final Partial Rescission of Antidumping Duty Administrative Review

    Because IMJ's one sale during the POR is the same sale found to be 
a non-bona fide sale in a new shipper review, and there are no other 
reviewable sales by IMJ during the POR, we have rescinded this review 
with respect to IMJ.\10\ For additional information regarding this 
determination, see the Issues and Decision Memorandum.\11\
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    \10\ See Preliminary Results at 8 FR 54045 54046.
    \11\ See Issues and Decision Memorandum at Comment 4.
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Dumping Margin for Non-Individually Examined Respondents Granted 
Separate Rate Status

    Neither the Act, nor the Department's regulations, addresses the 
establishment of the dumping margin applied to separate rate companies 
not selected for individual examination where the Department limits its 
individual examination in an administrative review pursuant to section 
777A(c)(2) of the Act. The Department's practice in administrative 
reviews involving limited selection based on exporters accounting for 
the largest volume of subject merchandise during the period of review 
has been to look to section 735(c)(5) of the Act for guidance, which 
provides instructions for calculating the all-others rate in an 
investigation. Under section 735(c)(5)(A) of the Act, the Department 
avoids calculating an all-others rate using rates that are zero, de 
minimis, or based entirely on facts available in investigations. 
Section 735(c)(5)(B) of the Act provides that, where all dumping 
margins established for the mandatory respondents are zero, de minimis, 
or based entirely on facts available, the Department may use ``any 
reasonable method'' for assigning an all-others rate.

[[Page 11436]]

    In these final results of review, the dumping margins determined 
for the mandatory respondents are either zero, de minimis, or based 
entirely on AFA. Therefore, in accordance with section 735(c)(5)(B) of 
the Act, we have applied to the non-individually examined companies 
eligible for a separate rate a dumping margin equal to the simple 
average of the zero and AFA rates determined for the mandatory 
respondents.\12\
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    \12\ See Issues and Decision Memorandum at Comment 3.
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Final Results of Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margins
                                                         (percentage)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department has determined, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
of subject merchandise in accordance with the final results of this 
review. The Department intends to issue assessment instructions to CBP 
15 days after the publication date of the final results of this review. 
We intend to instruct CBP to liquidate POR entries of subject 
merchandise from Deosen, AHA, CP Kelco (Shandong), and Shanghai Smart 
at the rates listed for those companies in the table above. Where the 
respondent's weighted-average dumping margin is zero or de minimis, or 
where 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.\13\
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    \13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
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    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, but 
that entered under the case number of that exporter (i.e., at the 
individually-examined exporter's cash deposit rate), the Department 
will instruct CBP to liquidate such entries at the PRC-wide rate (i.e., 
154.07 percent). Additionally, if the Department determines that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case number will 
be liquidated at the PRC-wide rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) For the exporters listed in the table above, the cash deposit 
rate will be the rate established in the final results of review that 
is listed for the exporter in the table; (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed in the 
table above that have separate rates, the cash deposit rate will 
continue to be the existing exporter-specific rate published for the 
most recent period; (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 previously established for the PRC-wide 
entity, which is 154.07 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter. The cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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.

Notification Regarding Administrative Protective Order (``APO'')

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305, which continues to govern business proprietary information in 
this segment of the proceeding. Timely written notification of the 
return or destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing these final results of administrative review and 
publishing this notice in accordance with sections 751(a)(1) and 777(i) 
of the Act.

    Dated: February 13, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment 1: Application of Adverse Facts Available for Deosen and 
AHA
    Comment 2: Separate Rate Status of AHA
    Comment 3: Separate Rate Margin Calculation
    Comment 4: Separate Rate Status of IMJ
    Comment 5: Separate Rate Status of Shanghai Smart
    Comment 6: Adjustment of the Sodium Hypochlorite Surrogate Value
    Comment 7: Surrogate Value for Ocean Freight
    Comment 8: Surrogate Value for Electricity
    Comment 9: New Factual Information in Deosen/AHA's Case Brief

[[Page 11437]]

Recommendation

[FR Doc. 2017-03504 Filed 2-22-17; 8:45 am]
 BILLING CODE 3510-DS-P