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]
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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.
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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
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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:
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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
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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.
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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 https://
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.
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14:10 Feb 22, 2017
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building, Room B8024. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
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
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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.
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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 ...........................................................................................................................................
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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.
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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
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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).
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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: https://
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:
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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.
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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 https://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 https://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
