Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 11428-11431 [2017-03505]

Download as PDF 11428 Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices Property Management Regulations. Forest Service property management officers will analyze the data collected to ensure that the property accountability is accurate and no misuse of property is occurring. The authority to provide surplus supplies to state agencies comes from the Federal Property and Administration Services Act of 1949, 40 U.S.C. 202. Authority to loan excess supplies comes from 10 U.S.C., Subtitle A, Part IV, Chapter 153, 2576b grants the authority for the FFP program. Estimate of Annual Burden: 1 hour and 2 minutes. Type of Respondents: State Foresters and State Agency FEPP property managers. Estimated Annual Number of Respondents: 65. Estimated Annual Number of Responses per Respondent: 302. Estimated Total Annual Burden on Respondents: 570 hours. Comment Is Invited rmajette on DSK2TPTVN1PROD with NOTICES Comment is invited on: (1) Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the Agency, including whether the information will have practical or scientific utility; (2) the accuracy of the Agency’s estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the submission request toward Office of Management and Budget approval. Dated: February 3, 2017. Patricia Hirami, Associate Deputy Chief, State & Private Forestry. [FR Doc. 2017–03457 Filed 2–22–17; 8:45 am] BILLING CODE 3411–15–P VerDate Sep<11>2014 14:10 Feb 22, 2017 Jkt 241001 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 sessions to educate and engage the public in open data and information efforts. DATES: The public speaker sessions will be held on Wednesday, March 15 and 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. FOR FURTHER INFORMATION CONTACT: Jennifer Goode or Karen Bronson at the Policy Coordination Office, Open Government Program, by telephone (301) 763–6440 or by email at pco.policy.office@census.gov. For TTY callers, please call the Federal Relay Service (FRS) at 1–800– 877–8339 and give them the abovelisted number you would like to call. This service is free and confidential. SUPPLEMENTARY INFORMATION: Individuals may attend the kick-off event at the DOC Research Library as seating capacity permits. Both the kickoff event and speaker sessions will also be available for public observation via call-in. Individuals seeking to attend the kick-off must register at https:// www.eventbrite.com/e/sunshine-weekkickoff-event-at-the-department-ofcommerce-tickets-31099862526 by 12:00 p.m. (EDT) on March 13. Individuals who wish to attend the speaker sessions at the Census Bureau must register at https://www.eventbrite.com/e/sunshineweek-at-the-census-bureau-tickets31641194665 by 12:00 p.m. (EDT) on March 14. Agendas and call-in instructions will be provided upon registration. SUMMARY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 The event will be physically accessible to people with disabilities. Individuals requiring accommodation such as sign language interpretation or other auxiliary aids should call Mary Kendall-Washington at (301) 763–6440 to request accommodations at least five business days in advance. All registrants will be placed on a visitors’ list. All visitors for the event must provide a government-issued photo identification in order to enter the building and receive a visitor’s badge. For logistical questions, call Karen Bronson at (301) 763–6440. Media interested in attending should call the Census Bureau’s Public Information Office at (301) 763–3030. 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: E:\FR\FM\23FEN1.SGM 23FEN1 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 rmajette on DSK2TPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 14:10 Feb 22, 2017 Jkt 241001 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. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 11429 Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at http://access.trade.gov and it is available to all parties in the Central Records Unit of the main Department of Commerce building, room B8024. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results 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 E:\FR\FM\23FEN1.SGM Issues and Decision Memorandum. 23FEN1 11430 Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices 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). rmajette on DSK2TPTVN1PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department has determined, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. We intend to instruct CBP to liquidate POR entries of subject 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 VerDate Sep<11>2014 14:10 Feb 22, 2017 Jkt 241001 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). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices 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. rmajette on DSK2TPTVN1PROD with NOTICES 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 [FR Doc. 2017–03505 Filed 2–22–17; 8:45 am] BILLING CODE 3510–DS–P 15 As noted above, on February 9, 2016, the Department deferred the final results of the instant administrative review. VerDate Sep<11>2014 14:10 Feb 22, 2017 Jkt 241001 11431 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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.
---------------------------------------------------------------------------

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.
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    \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 
http://access.trade.gov and it is available to all parties in the 
Central Records Unit of the main Department of Commerce building, room 
B8024. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results 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\
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    \8\ See Issues and Decision Memorandum.
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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\
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    \11\ See Preliminary Results, 80 FR at 47464-47465.
    \12\ See Issues and Decision Memorandum at Comments 2 and 3.
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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\
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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