Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 11428-11431 [2017-03505]
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Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices
Property Management Regulations.
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The authority to provide surplus
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[FR Doc. 2017–03457 Filed 2–22–17; 8:45 am]
BILLING CODE 3411–15–P
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DEPARTMENT OF COMMERCE
Bureau of the Census
National Sunshine Week Public Event
Bureau of the Census,
Department of Commerce.
ACTION: Notice of public event.
AGENCY:
The Bureau of the Census
(U.S. Census Bureau) is announcing the
following event, ‘‘Strengthening
Transparency through Open Data and
Access to Information,’’ in recognition
of National Sunshine Week. In
recognizing open government, the
Census Bureau will hold public speaker
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DATES: The public speaker sessions will
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Thursday, March 16, 2017, from 9:00
a.m. to 4:00 p.m. The Census Bureau
also will co-host a kick-off event with
the Department of Commerce (DOC) on
March 14, 2017, from 9:00 a.m. to Noon
at the Department of Commerce
Research Library, 1401 Constitution
Avenue NW., Washington, DC 20230.
Registration is free, but advanced
registration is required for both the kickoff event and the speaker sessions.
ADDRESSES: The public speaker sessions
will be held in the U.S. Census Bureau
Training Room, T–5, 4600 Silver Hill
Road, Suitland, MD 20746.
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Jennifer Goode or Karen Bronson at the
Policy Coordination Office, Open
Government Program, by telephone
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pco.policy.office@census.gov.
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SUMMARY:
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The event will be physically
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Dated: February 15, 2017.
John H. Thompson,
Director, Bureau of the Census.
[FR Doc. 2017–03481 Filed 2–22–17; 8:45 am]
BILLING CODE 3510–07–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; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
antidumping duty order on xanthan
gum from the People’s Republic of
China (‘‘PRC’’). For these final results,
we have treated Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka 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 19, 2013,
through June 30, 2014. The Department
published its Preliminary Results on
August 7, 2015 and issued postpreliminary results on August 5, 2016.
We gave interested parties an
opportunity to comment on the
Preliminary Results and postpreliminary results, and based upon our
analysis of the comments received, we
made certain changes to the dumping
margin calculations for these final
results of review.
AGENCY:
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Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices
DATES:
Effective February 23, 2017.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, 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) 482–4037.
SUPPLEMENTARY INFORMATION:
Background
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The Department published its
Preliminary Results on August 7, 2015.1
On September 28, 2015, Fufeng and CP
Kelco U.S., Inc. (‘‘Petitioner’’) requested
a hearing. On October 22, 2015, both
parties withdrew their hearing requests.
Between October 6–15, 2015, Petitioner,
Fufeng, and Deosen submitted case
briefs and rebuttal briefs.2 On February
9, 2016, the Department deferred the
final results of this administrative
review in order to address allegations
made during the review relating to
contradictory statements on the record
and to protect the integrity of its
administrative proceedings.3 Between
March 21 and April 29, 2016, Deosen
and AHA submitted supplemental
questionnaire responses.4 The
Department issued its Post-Preliminary
Results on August 5, 2016.5 Between
1 See Xanthan Gum from the People’s Republic of
China: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2013–2014, 80 FR
47464 (August 7, 2015) (‘‘Preliminary Results’’), and
accompanying Preliminary Decision Memorandum.
2 See Letter from Petitioner, ‘‘Xanthan Gum from
the People’s Republic of China: CP Kelco’s Case
Brief,’’ dated October 6, 2015 (‘‘Petitioner Case
Brief’’); Letter from Fufeng, ‘‘Fufeng Direct Case
Brief in the First Administrative Review of
Antidumping Duty Order on Xanthan Gum from the
People’s Republic of China (A–570–985),’’ dated
October 6, 2015 (‘‘Fufeng Case Brief’’); Letter from
Deosen, ‘‘Xanthan Gum for the People’s Republic of
China: Case Brief of Deosen Biochemical Ltd.,’’
dated October 6, 2015 (‘‘Deosen Case Brief’’). See
also Letter from Petitioner, ‘‘Xanthan Gum from the
People’s Republic of China: CP Kelco’s Rebuttal
Brief,’’ dated October 15, 2015 (‘‘Petitioner Rebuttal
Brief’’); Letter from Fufeng, ‘‘Fufeng Rebuttal Brief
in the First Administrative Review of Antidumping
Duty Order on Xanthan Gum from the People’s
Republic of China (A–570–985),’’ dated October 15,
2015 (‘‘Fufeng Rebuttal Brief’’); Letter from Deosen,
‘‘Xanthan Gum from China; Rebuttal Brief of
Deosen Biochemical Ltd. and Deosen USA Inc.,’’
dated October 15, 2015 (‘‘Deosen Rebuttal Brief’’).
3 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement & Compliance, ‘‘Xanthan
Gum from the People’s Republic of China: Deferral
of the Final Results of the First Antidumping Duty
Administrative Review,’’ dated February 9, 2016.
4 See Submission from Deosen and AHA,
‘‘Xanthan Gum from China: Response to
Supplemental Questionnaire,’’ dated March 21,
2016; see also Submission from Deosen and AHA,
‘‘Xanthan Gum from China: Response to Second
Deferral Supplemental Questionnaire,’’ dated April
29, 2016.
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Post-Preliminary
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September 14–26, 2016, Petitioner,
Shanghai Smart Chemicals Co., Ltd.
(‘‘Shanghai Smart’’), Deosen, and AHA,
submitted supplemental case briefs, and
Petitioner and Archer Daniels Midland
Company submitted supplemental
rebuttal briefs.6
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
3913.90.20.7 Although this tariff
classification is provided for
convenience and customs purposes, the
written description remains dispositive.
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs and
supplemental case and supplemental
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
Results Memorandum: Application of Adverse
Facts Available to Deosen Biochemical Ltd./Deosen
Biochemical (Ordos) Ltd. and A.H.A. International
Co., Ltd.,’’ dated August 5, 2016 (‘‘Post-Preliminary
Results’’).
6 See Letter from Petitioner to the Department,
regarding ‘‘Xanthan Gum from the People’s
Republic of China: CP Kelco U.S., Inc.’s
Supplemental Case Brief,’’ dated September 14,
2016; see also Letter from Shanghai Smart to the
Department, regarding ‘‘Xanthan Gum from the
People’s Republic of China; Shanghai Smart
Comments on the Calculation of the Separate
Company Rates in the Post-Preliminary Results of
the 1st Review and the Preliminary Results of the
2nd Administrative Review,’’ dated September 14,
2016, see also Letter from Deosen and AHA to the
Department, regarding ‘‘Xanthan Gum from China:
Supplemental Case Brief,’’ dated September 15,
2016; see also Letter from Petitioner to the
Department, regarding ‘‘Xanthan Gum from the
People’s Republic of China: CP Kelco U.S., Inc.’s
Supplemental Rebuttal Brief,’’ dated September 26,
2016; see also Letter from ADM to the Department,
regarding, ‘‘Xanthan Gum From The People’s
Republic of China—Re: Supplemental Rebuttal
Brief,’’ dated September 26, 2016.
7 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 First
Antidumping Duty Administrative Review,’’
(‘‘Issues and Decision Memorandum’’), dated
concurrently with this notice.
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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 and Post-Preliminary Results,
and for the reasons explained in the
Issues and Decision Memorandum, we
revised our preliminary calculations of
Fufeng’s weighted-average dumping
margin, we revised the dumping margin
assigned to Deosen and AHA, and we
revised the dumping margin assigned to
the non-individually examined
companies that demonstrated their
eligibility for a separate rate.
Specifically, we: (1) Revised the
surrogate value for labor; (2) revised the
surrogate value for electricity; (3)
revised the calculation of surrogate
financial ratios; (4) adjusted Fufeng’s
free-on-board U.S. sales prices for valueadded taxes; (5) recalculated Fufeng’s
electricity-generating factors of
production allocated to finished
xanthan gum; (6) recalculated the
surrogate value for hydrochloric acid;
(7) based the dumping margin for
Deosen and AHA or total adverse facts
available (‘‘AFA’’); (8) calculated the
rate applicable to non-individuallyexamined respondents that are being
granted separate rate status as the
simple average of the dumping margins
determined for mandatory respondents
Fufeng, Deosen, and AHA, consistent
with section 735(c)(5)(B) of the Tariff
Act of 1930, as amended (the ‘‘Act’’);
and (9) denied Shanghai Smart separate
rates status.8
Adverse Facts Available
In the Post-Preliminary Results, the
Department applied total 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
8 See
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comply with requests for information.9
As discussed in the Issues and Decision
Memorandum, we continue to assign
Deosen and AHA a rate based on total
AFA for these final results of review.10
status; and (3) deny Hebei Xinhe and
Shanghai Smart separate rates status in
these final results of review. For further
details, see the Issues and Decision
Memorandum.12
Separate Rates
Dumping Margin for Non-Individually
Examined Respondents Granted
Separate Rate Status
In the Preliminary Results, the
Department found that Fufeng, Deosen,
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.11 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 to: (1)
Continue to grant Fufeng, Deosen, and
CP Kelco (Shandong) separate rates
status; (2) also grant AHA separate rates
Neither the Act, nor the Department’s
regulations address 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 antidumping
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 allothers rate.
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.13
Final Results of Administrative Review
We determine that the following
weighted-average dumping margins
exist for the POR:
Weighted-average
dumping margin
(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 ....................................................................................................................
Disclosure
The Department will disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice, in
accordance with 19 CFR 351.224(b).
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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
9 See
Post-Preliminary Results Memorandum.
Issues and Decision Memorandum at
Comment 1.
11 See Preliminary Results, 80 FR at 47464–47465.
12 See Issues and Decision Memorandum at
Comments 2 and 3.
13 See Issues and Decision Memorandum at
Comment 4; see also Tapered Roller Bearings and
10 See
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0.00
154.07
154.07
77.04
merchandise from Deosen, AHA, and CP
Kelco (Shandong) at the rates listed for
those companies in the table above.
Where the respondent’s weightedaverage dumping margin is zero or de
minimis, or where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.14
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).
Cash Deposit Requirements
Parts Thereof, Finished and Unfinished, From the
People’s Republic of China: Preliminary Results,
Partial Rescission of Antidumping Duty
Administrative Review, and Preliminary Rescission
of New Shipper Review; 2014–2015, 81 FR 45455
(July 14, 2016) and accompanying PDM at 9,
unchanged in Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, and
Rescission of New Shipper Review; 2014–2015, 82
FR 4844 (January 17, 2017).
14 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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Except as noted below, 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 exporterspecific rate published for the most
recent period; (3) for all PRC exporters
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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.
However, if the final results of the
antidumping duty administrative review
of xanthan gum from the PRC covering
the period July 1, 2014, through June 30,
2015 publish on or before the date of
publication of the final results of the
instant review,15 then the cash deposit
rates will be those rates established in
the final results of the antidumping duty
administrative review of xanthan gum
from the PRC covering the period July
1, 2014, through June 30, 2015. 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.
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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.
DEPARTMENT OF COMMERCE
Appendix—Issues and Decision
Memorandum
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results of Antidumping
Duty Administrative Review, 2015–
2016
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 Deosen
and AHA
Comment 3: Separate Rate Status of
Shanghai Smart Chemicals Co., Ltd.
Comment 4: Separate Rate Margin
Calculation
Comment 5: Differential Pricing
A. Authority To Conduct Differential
Pricing Analysis in Administrative
Reviews
B. Use of Zeroing in Average-toTransaction (‘‘A–T’’) Comparisons in
Administrative Reviews
Comment 6: Surrogate Value for Labor
Comment 7: Surrogate Value for Domestic
Truck Freight
Comment 8: Surrogate Value for Corn
Consumed at Fufeng’s Neimenggu
Fufeng Facility
Comment 9: Surrogate Value for Coal
Consumed at Fufeng’s Neimenggu
Fufeng and Xinjiang Fufeng Facilities
Comment 10: Surrogate Value for
Electricity
Comment 11: Surrogate Value for Caustic
Soda
Comment 12: Surrogate Value Adjustment
for Sodium Hypochlorite
Comment 13: GTA POR Data
Comment 14: Employee Retirement
Expenses in Thai Churos Co., Ltd.’s
Financial Statements
Comment 15: Fufeng’s Value Added Tax
Calculation
Comment 16: Fufeng’s Energy Allocations
Comment 17: Movement Expense for
Fufeng’s Raw Xanthan Gum
Comment 18: Valuation of Deosen’s
Compressed Air
Comment 19: Valuation of Deosen’s U.S.
Inland Truck Freight
Comment 20: Alleged Calculation Errors
for Deosen
A. Marine Insurance
B. AHA’s Sales Premium
C. Inland Freight
D. Coal Consumption
Recommendation
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BILLING CODE 3510–DS–P
15 As noted above, on February 9, 2016, the
Department deferred the final results of the instant
administrative review.
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International Trade Administration
[A–552–802]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 9, 2016, the
Department of Commerce (Department)
published in the Federal Register the
preliminary results of the eleventh
administrative review of the
antidumping duty order on certain
warmwater shrimp from the Socialist
Republic of Vietnam (Vietnam). We
continue find that the mandatory
respondents in this review do not
qualify for a separate rate and are,
therefore, considered part of the
Vietnam-Wide Entity during the period
of review (POR) February 1, 2015,
through January 31, 2016.
DATES: Effective February 23, 2017.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
202–482–6905.
SUPPLEMENTARY INFORMATION: On
November 9, 2016, the Department
published the Preliminary Results,1 and
gave interested parties an opportunity to
comment. On November 10, 2016, Ngoc
Tri Seafood Joint Stock Company (Ngoc
Tri) filed a case brief.2 No other
interested parties filed case briefs and
no interested parties filed rebuttal
briefs. We address Ngoc Tri’s argument
below.
AGENCY:
Scope of the Order 3
The merchandise subject to the order
is certain frozen warmwater shrimp.
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 0306.17.00.03,
1 See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty Administrative Review; 2015–
2016, 81 FR 78789 (November 9, 2016) (Preliminary
Results).
2 See Ngoc Tri Case Brief, dated November 10,
2016.
3 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam, 70 FR 5152
(February 1, 2005) (Order).
E:\FR\FM\23FEN1.SGM
23FEN1
]]>Agencies
[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Notices]
[Pages 11428-11431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03505]
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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; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the antidumping duty order on xanthan gum
from the People's Republic of China (``PRC''). For these final results,
we have treated Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 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 19, 2013, through June 30, 2014. The Department published its
Preliminary Results on August 7, 2015 and issued post-preliminary
results on August 5, 2016. We gave interested parties an opportunity to
comment on the Preliminary Results and post-preliminary results, and
based upon our analysis of the comments received, we made certain
changes to the dumping margin calculations for these final results of
review.
[[Page 11429]]
DATES: Effective February 23, 2017.
FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.
SUPPLEMENTARY INFORMATION:
Background
The Department published its Preliminary Results on August 7,
2015.\1\ On September 28, 2015, Fufeng and CP Kelco U.S., Inc.
(``Petitioner'') requested a hearing. On October 22, 2015, both parties
withdrew their hearing requests. Between October 6-15, 2015,
Petitioner, Fufeng, and Deosen submitted case briefs and rebuttal
briefs.\2\ On February 9, 2016, the Department deferred the final
results of this administrative review in order to address allegations
made during the review relating to contradictory statements on the
record and to protect the integrity of its administrative
proceedings.\3\ Between March 21 and April 29, 2016, Deosen and AHA
submitted supplemental questionnaire responses.\4\ The Department
issued its Post-Preliminary Results on August 5, 2016.\5\ Between
September 14-26, 2016, Petitioner, Shanghai Smart Chemicals Co., Ltd.
(``Shanghai Smart''), Deosen, and AHA, submitted supplemental case
briefs, and Petitioner and Archer Daniels Midland Company submitted
supplemental rebuttal briefs.\6\
---------------------------------------------------------------------------
\1\ See Xanthan Gum from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2013-2014, 80 FR 47464
(August 7, 2015) (``Preliminary Results''), and accompanying
Preliminary Decision Memorandum.
\2\ See Letter from Petitioner, ``Xanthan Gum from the People's
Republic of China: CP Kelco's Case Brief,'' dated October 6, 2015
(``Petitioner Case Brief''); Letter from Fufeng, ``Fufeng Direct
Case Brief in the First Administrative Review of Antidumping Duty
Order on Xanthan Gum from the People's Republic of China (A-570-
985),'' dated October 6, 2015 (``Fufeng Case Brief''); Letter from
Deosen, ``Xanthan Gum for the People's Republic of China: Case Brief
of Deosen Biochemical Ltd.,'' dated October 6, 2015 (``Deosen Case
Brief''). See also Letter from Petitioner, ``Xanthan Gum from the
People's Republic of China: CP Kelco's Rebuttal Brief,'' dated
October 15, 2015 (``Petitioner Rebuttal Brief''); Letter from
Fufeng, ``Fufeng Rebuttal Brief in the First Administrative Review
of Antidumping Duty Order on Xanthan Gum from the People's Republic
of China (A-570-985),'' dated October 15, 2015 (``Fufeng Rebuttal
Brief''); Letter from Deosen, ``Xanthan Gum from China; Rebuttal
Brief of Deosen Biochemical Ltd. and Deosen USA Inc.,'' dated
October 15, 2015 (``Deosen Rebuttal Brief'').
\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement & Compliance, ``Xanthan Gum from the People's Republic
of China: Deferral of the Final Results of the First Antidumping
Duty Administrative Review,'' dated February 9, 2016.
\4\ See Submission from Deosen and AHA, ``Xanthan Gum from
China: Response to Supplemental Questionnaire,'' dated March 21,
2016; see also Submission from Deosen and AHA, ``Xanthan Gum from
China: Response to Second Deferral Supplemental Questionnaire,''
dated April 29, 2016.
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Post-Preliminary Results Memorandum: Application of Adverse Facts
Available to Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd.
and A.H.A. International Co., Ltd.,'' dated August 5, 2016 (``Post-
Preliminary Results'').
\6\ See Letter from Petitioner to the Department, regarding
``Xanthan Gum from the People's Republic of China: CP Kelco U.S.,
Inc.'s Supplemental Case Brief,'' dated September 14, 2016; see also
Letter from Shanghai Smart to the Department, regarding ``Xanthan
Gum from the People's Republic of China; Shanghai Smart Comments on
the Calculation of the Separate Company Rates in the Post-
Preliminary Results of the 1st Review and the Preliminary Results of
the 2nd Administrative Review,'' dated September 14, 2016, see also
Letter from Deosen and AHA to the Department, regarding ``Xanthan
Gum from China: Supplemental Case Brief,'' dated September 15, 2016;
see also Letter from Petitioner to the Department, regarding
``Xanthan Gum from the People's Republic of China: CP Kelco U.S.,
Inc.'s Supplemental Rebuttal Brief,'' dated September 26, 2016; see
also Letter from ADM to the Department, regarding, ``Xanthan Gum
From The People's Republic of China--Re: Supplemental Rebuttal
Brief,'' dated September 26, 2016.
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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.\7\ Although this tariff classification is provided for
convenience and customs purposes, the written description remains
dispositive.
---------------------------------------------------------------------------
\7\ 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 First
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 and
supplemental case and supplemental 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 and Post-
Preliminary Results, and for the reasons explained in the Issues and
Decision Memorandum, we revised our preliminary calculations of
Fufeng's weighted-average dumping margin, we revised the dumping margin
assigned to Deosen and AHA, and we revised the dumping margin assigned
to the non-individually examined companies that demonstrated their
eligibility for a separate rate. Specifically, we: (1) Revised the
surrogate value for labor; (2) revised the surrogate value for
electricity; (3) revised the calculation of surrogate financial ratios;
(4) adjusted Fufeng's free-on-board U.S. sales prices for value-added
taxes; (5) recalculated Fufeng's electricity-generating factors of
production allocated to finished xanthan gum; (6) recalculated the
surrogate value for hydrochloric acid; (7) based the dumping margin for
Deosen and AHA or total adverse facts available (``AFA''); (8)
calculated the rate applicable to non-individually-examined respondents
that are being granted separate rate status as the simple average of
the dumping margins determined for mandatory respondents Fufeng,
Deosen, and AHA, consistent with section 735(c)(5)(B) of the Tariff Act
of 1930, as amended (the ``Act''); and (9) denied Shanghai Smart
separate rates status.\8\
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Adverse Facts Available
In the Post-Preliminary Results, the Department applied total 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
[[Page 11430]]
comply with requests for information.\9\ As discussed in the Issues and
Decision Memorandum, we continue to assign Deosen and AHA a rate based
on total AFA for these final results of review.\10\
---------------------------------------------------------------------------
\9\ See Post-Preliminary Results Memorandum.
\10\ See Issues and Decision Memorandum at Comment 1.
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, the Department found that Fufeng,
Deosen, 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.\11\ 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 to: (1) Continue to grant
Fufeng, Deosen, and CP Kelco (Shandong) separate rates status; (2) also
grant AHA separate rates status; and (3) deny Hebei Xinhe and Shanghai
Smart separate rates status in these final results of review. For
further details, see the Issues and Decision Memorandum.\12\
---------------------------------------------------------------------------
\11\ See Preliminary Results, 80 FR at 47464-47465.
\12\ See Issues and Decision Memorandum at Comments 2 and 3.
---------------------------------------------------------------------------
Dumping Margin for Non-Individually Examined Respondents Granted
Separate Rate Status
Neither the Act, nor the Department's regulations address 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
antidumping 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.
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.\13\
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\13\ See Issues and Decision Memorandum at Comment 4; see also
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished,
From the People's Republic of China: Preliminary Results, Partial
Rescission of Antidumping Duty Administrative Review, and
Preliminary Rescission of New Shipper Review; 2014-2015, 81 FR 45455
(July 14, 2016) and accompanying PDM at 9, unchanged in Tapered
Roller Bearings and Parts Thereof, Finished and Unfinished, From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, and Rescission of New Shipper Review; 2014-
2015, 82 FR 4844 (January 17, 2017).
---------------------------------------------------------------------------
Final Results of Administrative Review
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(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
------------------------------------------------------------------------
Disclosure
The Department will disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b).
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, and CP Kelco (Shandong) 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.\14\
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\14\ 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).
---------------------------------------------------------------------------
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).
Cash Deposit Requirements
Except as noted below, 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
[[Page 11431]]
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.
However, if the final results of the antidumping duty
administrative review of xanthan gum from the PRC covering the period
July 1, 2014, through June 30, 2015 publish on or before the date of
publication of the final results of the instant review,\15\ then the
cash deposit rates will be those rates established in the final results
of the antidumping duty administrative review of xanthan gum from the
PRC covering the period July 1, 2014, through June 30, 2015. The cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\15\ As noted above, on February 9, 2016, the Department
deferred the final results of the instant administrative review.
---------------------------------------------------------------------------
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 Deosen and AHA
Comment 3: Separate Rate Status of Shanghai Smart Chemicals Co.,
Ltd.
Comment 4: Separate Rate Margin Calculation
Comment 5: Differential Pricing
A. Authority To Conduct Differential Pricing Analysis in
Administrative Reviews
B. Use of Zeroing in Average-to-Transaction (``A-T'')
Comparisons in Administrative Reviews
Comment 6: Surrogate Value for Labor
Comment 7: Surrogate Value for Domestic Truck Freight
Comment 8: Surrogate Value for Corn Consumed at Fufeng's
Neimenggu Fufeng Facility
Comment 9: Surrogate Value for Coal Consumed at Fufeng's
Neimenggu Fufeng and Xinjiang Fufeng Facilities
Comment 10: Surrogate Value for Electricity
Comment 11: Surrogate Value for Caustic Soda
Comment 12: Surrogate Value Adjustment for Sodium Hypochlorite
Comment 13: GTA POR Data
Comment 14: Employee Retirement Expenses in Thai Churos Co.,
Ltd.'s Financial Statements
Comment 15: Fufeng's Value Added Tax Calculation
Comment 16: Fufeng's Energy Allocations
Comment 17: Movement Expense for Fufeng's Raw Xanthan Gum
Comment 18: Valuation of Deosen's Compressed Air
Comment 19: Valuation of Deosen's U.S. Inland Truck Freight
Comment 20: Alleged Calculation Errors for Deosen
A. Marine Insurance
B. AHA's Sales Premium
C. Inland Freight
D. Coal Consumption
Recommendation
[FR Doc. 2017-03505 Filed 2-22-17; 8:45 am]
BILLING CODE 3510-DS-P
