Xanthan Gum From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016, 6513-6515 [2018-02915]
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
IX. Recommendation
[FR Doc. 2018–02898 Filed 2–13–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Xanthan Gum From the People’s
Republic of China: Final Results of the
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Deosen
Biochemical Ltd./Deosen Biochemical
(Ordos) Ltd. (collectively, Deosen) made
sales of xanthan gum from the People’s
Republic of China (China) at prices
below normal value (NV) and that
Neimenggu Fufeng Biotechnologies Co.,
Ltd./Shandong Fufeng Fermentation
Co., Ltd./Xinjiang Fufeng
Biotechnologies Co., Ltd. (collectively,
Fufeng) did not. We continue to find
that the four companies which were not
selected for individual examination
have demonstrated their eligibility for
separate rates in the final results. These
four companies are CP Kelco
(Shandong) Biological Company
Limited (CP Kelco Shandong, Jianlong
Biotechnology Co., Ltd. (a.k.a. Inner
Mongolia Jianlong Biochemical Co.,
Ltd.) (Jianlong), Meihua Group
International Trading (Hong Kong)
Limited/Xinjiang Meihua Amino Acid
Co., Ltd./Langfang Meihua BioTechnology Co., Ltd. (collectively,
Meihua), and Shanghai Smart
Chemicals Co., Ltd. (Shanghai Smart).
We also continue to find that A.H.A.
International Co., Ltd. (AHA) made no
shipments of subject merchandise
during the period of review (POR), i.e.,
July 1, 2015, through June 30, 2016.
AGENCY:
DATES:
Applicable February 14, 2018.
daltland on DSKBBV9HB2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Michael Bowen, 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) 482–1766
and (202) 482–0768, respectively.
SUPPLEMENTARY INFORMATION:
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22:07 Feb 13, 2018
Jkt 244001
Background
On August 7, 2017, Commerce
published the Preliminary Results.1 For
events occurring subsequent to the
Preliminary Results, see the Issues and
Decision Memorandum.2 Commerce
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018. If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the final results of this review is now
February 6, 2018.3
Scope of the Order 4
The product covered by the order
includes dry xanthan gum, whether or
not coated or blended with other
products. 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
the order is classified in the
Harmonized Tariff Schedule of the
United States at subheading 3913.90.20.
This tariff classification is provided for
convenience and customs purposes;
however, the written description of the
scope is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by interested parties
are addressed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice. A list of the issues that
parties raised, and to which we
responded in the Issues and Decision
Memorandum, follows as an appendix
to this notice. The Issues and Decision
Memorandum is a public document,
1 See Xanthan Gum from the People’s Republic of
China: Preliminary Results of the Antidumping
Duty Administrative Review and Preliminary
Determination of No Shipments; 2015–2016, 82 FR
36746 (August 7, 2017) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Xanthan Gum from the
People’s Republic of China: Issues and Decision
Memorandum for the Final Results of the Third
Antidumping Duty Administrative Review,’’ dated
concurrently with this notice (Issues and Decision
Memorandum).
3 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum) dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by 3 days.
4 A full description of the scope of the order is
contained in the Issues and Decision Memorandum.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
6513
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 is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The paper
copy and electronic copy of the Issues
and Decision Memorandum 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 for the reasons explained in
the Issues and Decision Memorandum,
we made one change to our preliminary
calculation of the weighed-average
dumping margin for the mandatory
respondent, Fufeng.5
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that AHA had no shipments
of subject merchandise during the POR.6
As we have not received any
information to contradict our
preliminary finding, we determine that
AHA had no shipments of subject
merchandise during the POR, and we
intend to issue appropriate instructions
to U.S. Customs and Border Protection
(CBP) that are consistent with our
‘‘automatic assessment’’ clarification for
these final results of review.7 8
Methodology
In the Preliminary Results, Commerce
determined that two mandatory
respondents, Deosen and Fufeng, and
four other companies 9 not selected for
individual review demonstrated their
eligibility for separate rates. We
continue to find that these six
companies, listed in the table in the
‘‘Final Results’’ section of this notice,
are eligible for separate rate status. We
5 See Issues and Decision Memorandum at
Comment 6.
6 See Preliminary Results, 82 FR at 36746.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011)
(Assessment Notice); see also ‘‘Assessment Rates’’
section of this notice.
8 For any shipment made by Deosen during the
POR, which involved AHA, we intend to liquidate
those entries at Deosen’s importer-specific
assessment rate. See Issues and Decision
Memorandum for further discussion.
9 These four companies are: CP Kelco Shandong,
Jianlong, Meihua, and Shanghai Smart.
E:\FR\FM\14FEN1.SGM
14FEN1
6514
Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
assigned the non-selected companies a
weighted-average dumping margin of
9.30 percent—the rate calculated for
Deosen in this review.10 Fufeng has a
weighted-average margin of zero;
accordingly, no antidumping duty
liability will apply to Fufeng for the
POR. Additionally, the Department
relied, in part, on facts otherwise
available with an adverse inference
pursuant to sections 776(a) and (b) of
the Act in determining Deosen’s
weighted-average dumping margin for
the POR. See Issues and Decision
Memorandum for further discussion.
Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the period July 1, 2015, through
June 30, 2016:
Weightedaverage
dumping
margin
(percent)
Exporters
Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd ...............................................................................................................
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd ........................................................................................................
CP Kelco (Shandong) Biological Company Limited ............................................................................................................................
Jianlong Biotechnology Co., Ltd. (aka Inner Mongolia Jianlong Biochemical Co., Ltd.) ....................................................................
Meihua Group International Trading (Hong Kong) Limited/Langfang Meihua Bio-Technology Co., Ltd./Xinjiang Meihua Amino
Acid Co., Ltd ....................................................................................................................................................................................
Shanghai Smart Chemicals Co., Ltd ...................................................................................................................................................
daltland on DSKBBV9HB2PROD with NOTICES
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
determined, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with these final results of
review. We intend to issue appropriate
assessment instructions directly to CBP
15 days after publication of these final
results.
For Deosen, which has a weightedaverage dumping margin above zero or
de minimis (i.e., less than 0.5 percent),
we calculated importer- (or customer-)
specific duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s (or
customer’s) examined sales to the total
entered value of those sales, in
accordance with 19 CFR 351.212(b)(1).
For Fufeng, whose weighted-average
dumping margin is zero, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
For the respondents which were not
selected for individual examination in
this administrative review and which
qualified for a separate rate, the
assessment rate is equal to the weightedaverage dumping margin assigned to
Deosen, or 9.30 percent.
Consistent with Commerce’s
assessment practice in non-market
economy cases, for entries that were not
reported in the U.S. sales databases
submitted by Deosen or Fufeng,
Commerce will instruct CBP to liquidate
such entries at the China-wide rate.11
Additionally, as noted above, Commerce
10 See Stainless Steel Bar from India: Final
Results of the Antidumping Duty Administrative
Review, 77 FR 39467 (July 3, 2012), and
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22:07 Feb 13, 2018
Jkt 244001
determines that AHA had no shipments
of the subject merchandise during the
POR. As a result, any suspended entries
of subject merchandise from AHA
(which do not involve Deosen) will be
liquidated at the China-wide rate.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
the companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of this review (except, if the rate
is zero or de minimis, then the cash
deposit rate will be zero required); (2)
for previously investigated or reviewed
Chinese and non-Chinese exporters that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity, which is 154.07
percent; and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter(s)
that supplied that non-Chinese exporter.
These deposit requirements, when
accompanying Issues and Decision Memorandum at
12.
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Fmt 4703
Sfmt 4703
9.30
0.00
9.30
9.30
9.30
9.30
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as the only
reminder to importers of their
responsibility, under 19 CFR
351.402(f)(2), to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
11 For a full discussion of this practice, see
Assessment Notice.
E:\FR\FM\14FEN1.SGM
14FEN1
Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
Dated: February 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Separate Rate Status for
Jianlong
Comment 2: Separate Rate Status for
Meihua
Comment 3: Application of Partial Adverse
Facts Available to Deosen
Comment 4: Rate Assignment for Meihua
Based on Its Voluntary Respondent
Status Request
Comment 5: Rate Assignment for Separate
Rate Applicants
Comment 6: Clerical Error Regarding
Fufeng’s U.S. Packing Expenses
VI. Recommendation
[FR Doc. 2018–02915 Filed 2–13–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments in Part;
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 11, 2017, the
Department of Commerce (Commerce)
published its Preliminary Results for the
January 1, 2016, through December 31,
2016, administrative review of the
antidumping duty order on wooden
bedroom furniture (WBF) from the
People’s Republic of China (China).
Although invited to do so, interested
parties did not comment on our
Preliminary Results. We have adopted
the Preliminary Results as the final
results.
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
Applicable February 14, 2018.
Eli
Lovely, AD/CVD Operations, Office IV,
Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1593.
DATES:
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
22:07 Feb 13, 2018
Jkt 244001
Background
On October 11, 2017, Commerce
published its Preliminary Results of the
review of the antidumping duty order
on WBF from China for one mandatory
respondent, Decca Furniture Ltd.
(Decca), and twelve other companies
covering the period January 1, 2016,
through December 31, 2016 (the period
of review (POR)).1 No parties
commented on the Preliminary Results.
Commerce has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
January 20 through 22, 2018. If the new
deadline falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the final results of this review is now
February 15, 2018.2
Scope of the Order
The product covered by the Order is
wooden bedroom furniture, subject to
certain exceptions.3 Based on a U.S.
Customs and Border Protection (CBP)
ruling indicating that CBP would no
longer use certain harmonized tariff
schedule subheadings to classify items
that are within the scope of the Order,4
Commerce preliminarily revised the
scope to include the harmonized tariff
schedule numbers under which subject
merchandise is entered.5 No parties
commented on this revision. Hence, we
have adopted this revision in these final
results. Under this revision, imports of
subject merchandise are classified under
the Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
9403.90.7005, 9403.90.7080,
9403.50.9041, 9403.60.8081,
9403.20.0018, 9403.90.8041,
7009.92.1000 or 7009.92.5000. Although
the HTSUS subheadings are provided
1 See Wooden Bedroom Furniture from the
People’s Republic of China: Preliminary Results and
Partial Rescission of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments in Part; 2016, 82 FR
47172 (October 11, 2017) (Preliminary Results).
2 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days.
3 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture from the
People’s Republic of China, 70 FR 329 (January 4,
2005) (Order).
4 See letter from the petitioners, re: ‘‘Wooden
Bedroom Furniture from China: Petitioners’
Comments Regarding the Upcoming Preliminary
Results,’’ dated August 29, 2017.
5 See Preliminary Results, at 47173.
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Fmt 4703
Sfmt 4703
6515
for convenience and customs purposes,
the written product description in the
Order remains dispositive.6
Analysis
As noted above, no parties
commented on the Preliminary Results.
Therefore, we are adopting the decisions
in the Preliminary Decision
Memorandum for these final results of
review. In the Preliminary Results,
Commerce: (1) Determined that four
companies, including Decca, did not
establish their eligibility for a separate
rate and are part of the China-wide
entity; 7 (2) determined that eight
companies had no shipments of subject
merchandise; 8 and (3) rescinded the
review for Nanhai Jiantai Woodwork
Co., Ltd., Fortune Glory Industrial, Ltd.
(HK Ltd.) (collectively, Fortune Glory),
for whom all review requests were
withdrawn.9 For these final results of
review, we have continued to treat the
four companies, including Decca, as
part of the China-wide entity and have
continued to find that eight companies
had no shipments during the POR.
Because no party requested a review of
the China-wide entity, we are not
conducting a review of the China-wide
entity.10 Thus, there is no change to the
rate for the China-wide entity from the
Preliminary Results. The existing rate
6 For a complete description of the scope of the
Order and a discussion of the revisions to the
HTSUS numbers in the scope, see Decision
Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review: Wooden
Bedroom Furniture from the People’s Republic of
China, from James Maeder, Senior Director,
performing the duties of Deputy Assistant Secretary
for Antidumping Duty and Countervailing Duty
Operations, to Gary Taverman, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions
and duties of the Assistant Secretary for
Enforcement and Compliance (Preliminary Decision
Memorandum), dated October 11, 2017.
7 The other three companies are: (1) Changshu
HTC Import & Export Co., Ltd.; (2) Starwood
Industries Ltd.; and (3) U-Rich Furniture
(Zhangzhou) Co., Ltd.; U-Rich Furniture Ltd.
8 The eight companies/company groupings are:
(1) Dongguan Sunrise Furniture Co., Taicang
Sunrise Wood Industry, Co., Ltd., Shanghai Sunrise
Furniture Co., Ltd., Fairmont Designs; (2) Dongguan
Sunrise Furniture Co., Taicang Sunrise Wood
Industry, Co., Ltd., Taicang Fairmont Designs
Furniture Co., Ltd., Meizhou Sunrise Furniture Co.,
Ltd.; (3) Eurosa (Kunshan) Co., Ltd.; Eurosa
Furniture Co., (PTE) Ltd.; (4) Golden Well
International (HK) Limited; Zhangzhou Xym
Furniture Product Co., Ltd.; (5) RiZhao Sanmu
Woodworking Co., Ltd.; (6) Shenyang Shining
Dongxing Furniture Co., Ltd.; (7) Woodworth
Wooden Industries (Dong Guan) Co., Ltd.; and (8)
Yeh Brothers World Trade Inc.
9 See Preliminary Results, at 47172.
10 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
E:\FR\FM\14FEN1.SGM
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Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6513-6515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02915]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Final Results of
the Antidumping Duty Administrative Review and Final Determination of
No Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Deosen
Biochemical Ltd./Deosen Biochemical (Ordos) Ltd. (collectively, Deosen)
made sales of xanthan gum from the People's Republic of China (China)
at prices below normal value (NV) and that Neimenggu Fufeng
Biotechnologies Co., Ltd./Shandong Fufeng Fermentation Co., Ltd./
Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, Fufeng) did
not. We continue to find that the four companies which were not
selected for individual examination have demonstrated their eligibility
for separate rates in the final results. These four companies are CP
Kelco (Shandong) Biological Company Limited (CP Kelco Shandong,
Jianlong Biotechnology Co., Ltd. (a.k.a. Inner Mongolia Jianlong
Biochemical Co., Ltd.) (Jianlong), Meihua Group International Trading
(Hong Kong) Limited/Xinjiang Meihua Amino Acid Co., Ltd./Langfang
Meihua Bio-Technology Co., Ltd. (collectively, Meihua), and Shanghai
Smart Chemicals Co., Ltd. (Shanghai Smart). We also continue to find
that A.H.A. International Co., Ltd. (AHA) made no shipments of subject
merchandise during the period of review (POR), i.e., July 1, 2015,
through June 30, 2016.
DATES: Applicable February 14, 2018.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Michael Bowen, 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) 482-1766 and (202)
482-0768, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2017, Commerce published the Preliminary Results.\1\
For events occurring subsequent to the Preliminary Results, see the
Issues and Decision Memorandum.\2\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Xanthan Gum from the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2015-2016, 82 FR
36746 (August 7, 2017) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Xanthan Gum from the People's Republic of
China: Issues and Decision Memorandum for the Final Results of the
Third Antidumping Duty Administrative Review,'' dated concurrently
with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from January 20 through 22, 2018.
If the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the final results of this review is now
February 6, 2018.\3\
---------------------------------------------------------------------------
\3\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum) dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ A full description of the scope of the order is contained in
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
The product covered by the order includes dry xanthan gum, whether
or not coated or blended with other products. 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 the order is classified in the
Harmonized Tariff Schedule of the United States at subheading
3913.90.20. This tariff classification is provided for convenience and
customs purposes; however, the written description of the scope is
dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised, and to which we responded in the Issues and Decision
Memorandum, follows as an appendix to this notice. 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 is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The paper copy and electronic copy of the
Issues and Decision Memorandum 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 for the
reasons explained in the Issues and Decision Memorandum, we made one
change to our preliminary calculation of the weighed-average dumping
margin for the mandatory respondent, Fufeng.\5\
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum at Comment 6.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that AHA had no
shipments of subject merchandise during the POR.\6\ As we have not
received any information to contradict our preliminary finding, we
determine that AHA had no shipments of subject merchandise during the
POR, and we intend to issue appropriate instructions to U.S. Customs
and Border Protection (CBP) that are consistent with our ``automatic
assessment'' clarification for these final results of
review.7 8
---------------------------------------------------------------------------
\6\ See Preliminary Results, 82 FR at 36746.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011)
(Assessment Notice); see also ``Assessment Rates'' section of this
notice.
\8\ For any shipment made by Deosen during the POR, which
involved AHA, we intend to liquidate those entries at Deosen's
importer-specific assessment rate. See Issues and Decision
Memorandum for further discussion.
---------------------------------------------------------------------------
Methodology
In the Preliminary Results, Commerce determined that two mandatory
respondents, Deosen and Fufeng, and four other companies \9\ not
selected for individual review demonstrated their eligibility for
separate rates. We continue to find that these six companies, listed in
the table in the ``Final Results'' section of this notice, are eligible
for separate rate status. We
[[Page 6514]]
assigned the non-selected companies a weighted-average dumping margin
of 9.30 percent--the rate calculated for Deosen in this review.\10\
Fufeng has a weighted-average margin of zero; accordingly, no
antidumping duty liability will apply to Fufeng for the POR.
Additionally, the Department relied, in part, on facts otherwise
available with an adverse inference pursuant to sections 776(a) and (b)
of the Act in determining Deosen's weighted-average dumping margin for
the POR. See Issues and Decision Memorandum for further discussion.
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\9\ These four companies are: CP Kelco Shandong, Jianlong,
Meihua, and Shanghai Smart.
\10\ See Stainless Steel Bar from India: Final Results of the
Antidumping Duty Administrative Review, 77 FR 39467 (July 3, 2012),
and accompanying Issues and Decision Memorandum at 12.
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period July 1, 2015, through June 30, 2016:
------------------------------------------------------------------------
Weighted-
average
Exporters dumping margin
(percent)
------------------------------------------------------------------------
Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd.. 9.30
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner 0.00
Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong
Fufeng Fermentation Co., Ltd./Xinjiang Fufeng
Biotechnologies Co., Ltd...............................
CP Kelco (Shandong) Biological Company Limited.......... 9.30
Jianlong Biotechnology Co., Ltd. (aka Inner Mongolia 9.30
Jianlong Biochemical Co., Ltd.)........................
Meihua Group International Trading (Hong Kong) Limited/ 9.30
Langfang Meihua Bio-Technology Co., Ltd./Xinjiang
Meihua Amino Acid Co., Ltd.............................
Shanghai Smart Chemicals Co., Ltd....................... 9.30
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce determined, and CBP shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with these
final results of review. We intend to issue appropriate assessment
instructions directly to CBP 15 days after publication of these final
results.
For Deosen, which has a weighted-average dumping margin above zero
or de minimis (i.e., less than 0.5 percent), we calculated importer-
(or customer-) specific duty assessment rates based on the ratio of the
total amount of dumping calculated for the importer's (or customer's)
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1). For Fufeng, whose weighted-average dumping
margin is zero, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
For the respondents which were not selected for individual
examination in this administrative review and which qualified for a
separate rate, the assessment rate is equal to the weighted-average
dumping margin assigned to Deosen, or 9.30 percent.
Consistent with Commerce's assessment practice in non-market
economy cases, for entries that were not reported in the U.S. sales
databases submitted by Deosen or Fufeng, Commerce will instruct CBP to
liquidate such entries at the China-wide rate.\11\ Additionally, as
noted above, Commerce determines that AHA had no shipments of the
subject merchandise during the POR. As a result, any suspended entries
of subject merchandise from AHA (which do not involve Deosen) will be
liquidated at the China-wide rate.
---------------------------------------------------------------------------
\11\ For a full discussion of this practice, see Assessment
Notice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the companies
listed above that have a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except, if
the rate is zero or de minimis, then the cash deposit rate will be zero
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate for the China-wide entity, which
is 154.07 percent; and (4) for all non-Chinese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter(s) that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as the only reminder to importers of their
responsibility, under 19 CFR 351.402(f)(2), to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
[[Page 6515]]
Dated: February 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Separate Rate Status for Jianlong
Comment 2: Separate Rate Status for Meihua
Comment 3: Application of Partial Adverse Facts Available to
Deosen
Comment 4: Rate Assignment for Meihua Based on Its Voluntary
Respondent Status Request
Comment 5: Rate Assignment for Separate Rate Applicants
Comment 6: Clerical Error Regarding Fufeng's U.S. Packing
Expenses
VI. Recommendation
[FR Doc. 2018-02915 Filed 2-13-18; 8:45 am]
BILLING CODE 3510-DS-P