Xanthan Gum From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2016-2017, 40229-40232 [2018-17412]
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Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices
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
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Scope of the Order
The merchandise covered by the order
is HWR pipes and tubes. For a complete
description of the scope of the order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a government financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific.4 For a full description of the
methodology underlying our
conclusions, see the accompanying
Preliminary Decision Memorandum.
Preliminary Results of Review
In accordance with 19 CFR
351.224(b)(4)(i), we calculated a
countervailable subsidy rate for
Ozdemir, the sole respondent in this
review. We preliminarily determine that
the following subsidy rate exists for
Ozdemir for the period December 28,
2015, through April 25, 2016, and
September 12, 2016, through December
31, 2016:
Subsidy rate
(percent)
Ozdemir Boru Profil San. Ve
Tic. Ltd. Sti. .......................
amozie on DSK3GDR082PROD with NOTICES1
Company
1.18
Assessment Rate
Consistent with section 751(a)(1) of
the Act, upon issuance of the final
results, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, countervailing duties
on all appropriate entries covered by
this review. We intend to issue
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Rate
Pursuant to section 751(a)(1) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amount
indicated for Ozdemir with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of these preliminary
results.5 Interested parties may submit
written comments (case briefs) within
30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.6 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.7
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.8
Requests should contain the party’s
name, address, and telephone number,
the number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
will inform parties of the scheduled
date of the hearing which will be held
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, at a time and
date to be determined.9 Issues addressed
during the hearing will be limited to
those raised in the briefs.10 Parties
should confirm by telephone the date,
5 See
19 CFR 224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
7 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
8 See 19 CFR 351.310(c).
9 See 19 CFR 351.310.
10 See 19 CFR 351.310(c).
6 See
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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time, and location of the hearing two
days before the scheduled date.
Parties are reminded that all briefs
and hearing requests must be filed
electronically using ACCESS and
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: August 6, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Benchmarks and Interest Rates
VI. Analysis of Programs
VII. Conclusion
[FR Doc. 2018–17380 Filed 8–13–18; 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: Preliminary Results
of the Antidumping Duty
Administrative Review, and
Preliminary Determination of No
Shipments; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain exporters for which this
review was requested did make sales of
subject merchandise at prices below
normal value (NV) during the period of
review (POR) July 1, 2016, through June
30, 2017. We invite interested parties to
comment on these preliminary results.
DATES: Applicable August 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis or Eli Lovely, AD/
CVD Operations, Office IV, Enforcement
AGENCY:
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Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3147 and (202) 482–1593,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). On July 3, 2017,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
antidumping duty (AD) order on
xanthan gum from the People’s Republic
of China (China).1 Commerce published
the notice of initiation of this
administrative review on September 13,
2017.2 On January 23, 2018, Commerce
exercised its discretion to toll all
deadlines affected by the closure of the
Federal Government from January 20
through 22, 2018.3 Commerce extended
the preliminary results deadline until
August 3, 2018.4
amozie on DSK3GDR082PROD with NOTICES1
Scope of the Order
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. A full description
of the scope of the order is contained in
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 82 FR 30833
(July 3, 2017).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
42974 (September 13, 2017).
3 See Memorandum to James Maeder, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations performing the
duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Xanthan Gum from the People’s Republic of
China: Extension of Deadline for Preliminary
Results of Administrative Review,’’ dated March 14,
2018.
4 See Memorandum to James Maeder, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations performing the
duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Xanthan Gum from the People’s Republic of
China: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative
Review,’’ dated March 14, 2018.
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the Preliminary Decision
Memorandum.5
Preliminary Determination of No
Shipments
On October 10, 2017 and October 13,
2017, Jianlong Biotechnology Co., Ltd.
(Jianlong) (previously known as Inner
Mongolia Jianlong Biochemical Co., Ltd.
(IMJ)), and A.H.A. International Co.,
Ltd. (AHA), respectively, timely filed
certifications that they had no exports,
sales, or entries of subject merchandise
during the POR. Based on an analysis of
the U.S. Customs and Border Protection
(CBP) information and Jianlong’s, IMJ’s,
and AHA’s no shipment certifications,
Commerce preliminarily determines
that Jianlong, IMJ, and AHA had no
shipments, and, therefore, no
reviewable transactions, during the
POR.6 For additional information
regarding this determination, see the
Preliminary Decision Memorandum.
Consistent with our practice in nonmarket economy (NME) cases,
Commerce is not rescinding this
administrative review with respect to
Jianlong, IMJ, or AHA for which it has
preliminarily found no shipments
during the POR, but intends to complete
the review, and issue appropriate
instructions to CBP based on the final
results of the review.7
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated, where
applicable, export price and constructed
export price for the mandatory
respondents Neimenggu Fufeng
Biotechnologies Co., Ltd. (a.k.a., Inner
Mongolia Fufeng Biotechnologies Co.,
Ltd.), Xinjiang Fufeng Biotechnologies
Co., Ltd., and Shandong Fufeng
5 For a complete description of the Scope of the
Order, see ‘‘Decision Memorandum for the
Preliminary Results in the Fourth Antidumping
Duty Administrative Review of Xanthan Gum from
the People’s Republic of China,’’ (Preliminary
Decision Memorandum) from James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the duties of Deputy Assistant Secretary
for Antidumping 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, dated concurrently
with, and hereby adopted by, this notice.
6 See Memorandum to The File, ‘‘Antidumping
Duty Administrative Review of Xanthan Gum from
the People’s Republic of China: Automated
Commercial System Shipment Query,’’ dated
September 15, 2017; see also Memorandum to The
File, ‘‘Xanthan gum from China (A–570–985),’’
dated June 14, 2018.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (NME AD Assessment)
and the ‘‘Assessment Rates’’ section, below.
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Fermentation Co., Ltd. (collectively
Fufeng) and Meihua Group International
Trading (Hong Kong) Limited, Langfang
Meihua Biotechnology Co., Ltd., and
Xinjiang Meihua Amino Acid Co., Ltd.
(collectively Meihua) in accordance
with section 772 of the Act. Because
China is an NME country within the
meaning of section 771(18) of the Act,
we calculated NV in accordance with
section 773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. The Preliminary
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 to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of topics included in the
Preliminary Decision Memorandum is
provided at the Appendix to this notice.
Preliminary Results of Review
Consistent with prior segments of this
proceeding, we have continued to treat
Fufeng as a single entity and Meihua as
a single entity pursuant to 19 CFR
351.401(f)(1)–(2). For additional
information, see the Preliminary
Decision Memorandum.
Additionally, Commerce preliminary
determines that the information placed
on the record by Fufeng, Meihua, and
the other companies listed in the rate
table below demonstrates that these
companies are entitled to separate rate
status. However, we preliminarily
determine that Hebei Xinhe
Biochemical Co., Ltd. did not
demonstrate their entitlement to
separate rates status. Therefore, we are
preliminarily treating Hebei Xinhe
Biochemical Co., Ltd. as part of the
China-wide entity. For additional
information, see the Preliminary
Decision Memorandum.
The statute and Commerce’s
regulations do not address what rate to
apply to respondents not selected for
individual examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
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Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the rate for non-selected
respondents that are not examined
individually in an administrative
review. Section 735(c)(5)(A) of the Act
states that the all-others rate should be
calculated by averaging the weighted-
average dumping margins for
individually-examined respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available. Where the rates for the
individually examined companies are
all zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may
use ‘‘any reasonable method’’ to
establish the all others rate. In this
instant, we have assigned the rate
calculated to Fufeng (i.e., 1.18 percent)
to all separate rate entities.
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the period
July 1, 2016, through June 30, 2017:
Weightedaverage
dumping
margin
(percent)
Exporter
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Meihua Group International Trading (Hong Kong) Limited/Langfang Meihua Biotechnology Co., Ltd.,/Xinjiang Meihua Amino
Acid Co., 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 ............................................................................................................................
Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd ...............................................................................................................
Shanghai Smart Chemicals Co., Ltd ...................................................................................................................................................
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed for these
preliminary results of review within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). Case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than 30 days after
the publication of these preliminary
results of review, unless the Secretary
alters the time limit.8 Rebuttal briefs,
limited to responding to issues raised in
case briefs, may be submitted no later
than five days after the deadline for case
briefs.9 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this review are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
8 See
19 CFR 351.309(c).
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
9 See
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Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of our
analysis of the issues raised in the case
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
review, Commerce will determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review.10 Commerce intends to issue
appropriate assessment instructions to
CBP 15 days after the publication of the
final results of this review. We will
calculate importer-specific assessment
rates equal to the ratio of the total
amount of dumping calculated for
examined sales with a particular
importer to the total entered value of the
sales in accordance with 19 CFR
351.212(b)(1).11 Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or de
10 See
19 CFR 351.212(b)(1).
applied the assessment rate calculation
method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
FR 8101 (February 14, 2012).
11 We
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0.00
1.18
1.18
1.18
1.18
minimis,12 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For the respondents that were not
selected for individual examination in
this administrative review but which
qualified for a separate rate, the
assessment rate will be equal to the
weighted-average dumping margin
assigned to the respondents in the final
results of this review.13
For entries that were not reported in
the U.S. sales databases submitted by
the companies individually examined
during this review, Commerce will
instruct CBP to liquidate such entries at
the China-wide rate. In addition, if we
continue to find that Jianlong, IMJ, and
AHA had no shipments of subject
merchandise during the POR, any
suspended entries of subject
merchandise from either Jianlong, IMJ,
or AHA will be liquidated at the Chinawide rate.14
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of xanthan gum from China
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
12 See
19 CFR 351.106(c)(2).
Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: 2014–
2015, 81 FR 29528 (May 12, 2016) and
accompanying Decision Memorandum at 10–11;
unchanged in Drawn Stainless Steel Sinks from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014–2015, 81 FR
54042 (August 15, 2016).
14 For a full discussion of this practice, see NME
AD Assessment.
13 See
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results of this administrative review, 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 a cash deposit rate of zero will be
required); (2) for previously investigated
or reviewed China and non-China
exporters not listed above that received
a separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all China 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-China
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to China exporter(s) that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping and/
or countervailing 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
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties.
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act and 19 CFR 351.213.
Dated: August 3, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
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Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Extension of the Preliminary Results
V. Scope of the Order
VI. Selection of Respondents
VII. Duty Absorption
VIII. Preliminary Determination of No
Shipments
IX. Single Entity Treatment
X. Discussion of the Methodology
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A. Non-Market Economy Country
B. Separate Rates
C. Separate Rate Analysis
1. Wholly Foreign-Owned Applicant
2. Joint Ventures Between Chinese and
Foreign Companies or Wholly ChineseOwned Companies
a. Absence of De Jure Control
b. Absence of De Facto Control
3. Companies Not Receiving a Separate
Rate
D. Dumping Margin for the Separate Rate
Companies Not Individually Examined
E. Surrogate Country
1. Same Level of Economic Development
2. Significant Producers of Identical or
Comparable Merchandise
3. Data Availability
F. Date of Sale
G. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
H. U.S. Price
1. Export Price
2. Constructed Export Price
3. Value-Added Tax
I. Normal Value
1. Factor Valuations
1. Direct and Packing Materials
2. Energy
3. Labor
4. Movement Services
5. Financial Ratios
J. Currency Conversion
XI. Recommendation
[FR Doc. 2018–17412 Filed 8–13–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
14th and Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at pracomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Supin Wongbusarakum,
Ecosystem Sciences Division, Pacific
Islands Fisheries Science Center, 1845
Wasp Blvd., Building 176, Honolulu, HI
96818, (808) 725 5487,
supin.wongbusarakum@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for a new collection of
information. The objective of the study
is to understand the types of available
socioeconomic data, types of data used
and data gaps identified, regarding
coastal conservation management,
fisheries and other marine conservation
management, and efforts (including
opportunities and barriers) in
integrating biophysical and
socioeconomic data. The voluntary
survey and interviews will assess the
degree to which the available
socioeconomic data are being used and
have met the needs of the different
natural resource management and
conservation programs in the U.S.
jurisdictions and affiliations in the
Pacific island region. Results of the
survey and interviews are expected to
assist in guiding any future
modifications of socioeconomic and
biophysical indicators, data collecting
tools, approaches, and communications
of results.
Proposed Information Collection;
Comment Request; Availability and
Application of Socioeconomic Data in
Resource Management in the U.S.
Pacific Islands
II. Method of Collection
The survey will be conducted using
two modes, internet based surveys,
surveys and in-person interviews.
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
III. Data
OMB Control Number: 0648–xxxx.
Form Number(s): None.
Type of Review: Regular submission
(request for a new information
collection).
Affected Public: Individuals, Not-forprofit institution staff; State, local, and
federal government agency officers.
Estimated Number of Respondents:
80.
Estimated Time per Response: 30
minutes for survey and 1 hour per
interview.
Estimated Total Annual Burden
Hours: 50 hours.
Estimated Total Annual Cost to
Public: $0 in record keeping/reporting.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before October 15,
2018.
SUMMARY:
Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
ADDRESSES:
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IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
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]]>Agencies
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40229-40232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17412]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Preliminary
Results of the Antidumping Duty Administrative Review, and Preliminary
Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain exporters for which this review was requested did make
sales of subject merchandise at prices below normal value (NV) during
the period of review (POR) July 1, 2016, through June 30, 2017. We
invite interested parties to comment on these preliminary results.
DATES: Applicable August 14, 2018.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Eli Lovely, AD/
CVD Operations, Office IV, Enforcement
[[Page 40230]]
and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-3147 and (202) 482-1593, respectively.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On July
3, 2017, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the antidumping duty
(AD) order on xanthan gum from the People's Republic of China
(China).\1\ Commerce published the notice of initiation of this
administrative review on September 13, 2017.\2\ On January 23, 2018,
Commerce exercised its discretion to toll all deadlines affected by the
closure of the Federal Government from January 20 through 22, 2018.\3\
Commerce extended the preliminary results deadline until August 3,
2018.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 82 FR 30833 (July 3, 2017).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 42974 (September 13, 2017).
\3\ See Memorandum to James Maeder, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations
performing the duties of Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, ``Xanthan Gum from the People's
Republic of China: Extension of Deadline for Preliminary Results of
Administrative Review,'' dated March 14, 2018.
\4\ See Memorandum to James Maeder, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations
performing the duties of Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, ``Xanthan Gum from the People's
Republic of China: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated March 14, 2018.
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Scope of the Order
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. A full description of the scope of the order is contained
in the Preliminary Decision Memorandum.\5\
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\5\ For a complete description of the Scope of the Order, see
``Decision Memorandum for the Preliminary Results in the Fourth
Antidumping Duty Administrative Review of Xanthan Gum from the
People's Republic of China,'' (Preliminary Decision Memorandum) from
James Maeder, Associate Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, performing the duties of Deputy
Assistant Secretary for Antidumping 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, dated concurrently with, and hereby
adopted by, this notice.
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Preliminary Determination of No Shipments
On October 10, 2017 and October 13, 2017, Jianlong Biotechnology
Co., Ltd. (Jianlong) (previously known as Inner Mongolia Jianlong
Biochemical Co., Ltd. (IMJ)), and A.H.A. International Co., Ltd. (AHA),
respectively, timely filed certifications that they had no exports,
sales, or entries of subject merchandise during the POR. Based on an
analysis of the U.S. Customs and Border Protection (CBP) information
and Jianlong's, IMJ's, and AHA's no shipment certifications, Commerce
preliminarily determines that Jianlong, IMJ, and AHA had no shipments,
and, therefore, no reviewable transactions, during the POR.\6\ For
additional information regarding this determination, see the
Preliminary Decision Memorandum.
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\6\ See Memorandum to The File, ``Antidumping Duty
Administrative Review of Xanthan Gum from the People's Republic of
China: Automated Commercial System Shipment Query,'' dated September
15, 2017; see also Memorandum to The File, ``Xanthan gum from China
(A-570-985),'' dated June 14, 2018.
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Consistent with our practice in non-market economy (NME) cases,
Commerce is not rescinding this administrative review with respect to
Jianlong, IMJ, or AHA for which it has preliminarily found no shipments
during the POR, but intends to complete the review, and issue
appropriate instructions to CBP based on the final results of the
review.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME AD
Assessment) and the ``Assessment Rates'' section, below.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated, where applicable, export price
and constructed export price for the mandatory respondents Neimenggu
Fufeng Biotechnologies Co., Ltd. (a.k.a., Inner Mongolia Fufeng
Biotechnologies Co., Ltd.), Xinjiang Fufeng Biotechnologies Co., Ltd.,
and Shandong Fufeng Fermentation Co., Ltd. (collectively Fufeng) and
Meihua Group International Trading (Hong Kong) Limited, Langfang Meihua
Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd.
(collectively Meihua) in accordance with section 772 of the Act.
Because China is an NME country within the meaning of section 771(18)
of the Act, we calculated NV in accordance with section 773(c) of the
Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. The Preliminary 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 to all parties in the Central Records Unit, room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content. A list of topics included
in the Preliminary Decision Memorandum is provided at the Appendix to
this notice.
Preliminary Results of Review
Consistent with prior segments of this proceeding, we have
continued to treat Fufeng as a single entity and Meihua as a single
entity pursuant to 19 CFR 351.401(f)(1)-(2). For additional
information, see the Preliminary Decision Memorandum.
Additionally, Commerce preliminary determines that the information
placed on the record by Fufeng, Meihua, and the other companies listed
in the rate table below demonstrates that these companies are entitled
to separate rate status. However, we preliminarily determine that Hebei
Xinhe Biochemical Co., Ltd. did not demonstrate their entitlement to
separate rates status. Therefore, we are preliminarily treating Hebei
Xinhe Biochemical Co., Ltd. as part of the China-wide entity. For
additional information, see the Preliminary Decision Memorandum.
The statute and Commerce's regulations do not address what rate to
apply to respondents not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
[[Page 40231]]
Commerce looks to section 735(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation,
for guidance when calculating the rate for non-selected respondents
that are not examined individually in an administrative review. Section
735(c)(5)(A) of the Act states that the all-others rate should be
calculated by averaging the weighted-average dumping margins for
individually-examined respondents, excluding rates that are zero, de
minimis, or based entirely on facts available. Where the rates for the
individually examined companies are all zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act provides
that Commerce may use ``any reasonable method'' to establish the all
others rate. In this instant, we have assigned the rate calculated to
Fufeng (i.e., 1.18 percent) to all separate rate entities.
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period July 1, 2016, through June
30, 2017:
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Weighted-
average
Exporter dumping
margin
(percent)
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Meihua Group International Trading (Hong Kong) Limited/ 0.00
Langfang Meihua Biotechnology Co., Ltd.,/Xinjiang
Meihua Amino Acid Co., Ltd.............................
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner 1.18
Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong
Fufeng Fermentation Co., Ltd./Xinjiang Fufeng
Biotechnologies Co., Ltd...............................
CP Kelco (Shandong) Biological Company Limited.......... 1.18
Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd.. 1.18
Shanghai Smart Chemicals Co., Ltd....................... 1.18
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b). Case
briefs or other written comments may be submitted to the Assistant
Secretary for Enforcement and Compliance no later than 30 days after
the publication of these preliminary results of review, unless the
Secretary alters the time limit.\8\ Rebuttal briefs, limited to
responding to issues raised in case briefs, may be submitted no later
than five days after the deadline for case briefs.\9\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this review are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\10\ Commerce intends to issue
appropriate assessment instructions to CBP 15 days after the
publication of the final results of this review. We will calculate
importer-specific assessment rates equal to the ratio of the total
amount of dumping calculated for examined sales with a particular
importer to the total entered value of the sales in accordance with 19
CFR 351.212(b)(1).\11\ Where either the respondent's ad valorem
weighted-average dumping margin is zero or de minimis, or an importer-
specific ad valorem assessment rate is zero or de minimis,\12\ we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\10\ See 19 CFR 351.212(b)(1).
\11\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\12\ See 19 CFR 351.106(c)(2).
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For the respondents that were not selected for individual
examination in this administrative review but which qualified for a
separate rate, the assessment rate will be equal to the weighted-
average dumping margin assigned to the respondents in the final results
of this review.\13\
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\13\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016) and accompanying Decision Memorandum at 10-
11; unchanged in Drawn Stainless Steel Sinks from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; Final Determination of No Shipments; 2014-2015, 81 FR 54042
(August 15, 2016).
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For entries that were not reported in the U.S. sales databases
submitted by the companies individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate. In addition, if we continue to find that Jianlong, IMJ, and AHA
had no shipments of subject merchandise during the POR, any suspended
entries of subject merchandise from either Jianlong, IMJ, or AHA will
be liquidated at the China-wide rate.\14\
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\14\ For a full discussion of this practice, see NME AD
Assessment.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of xanthan gum from China entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
notice of the final
[[Page 40232]]
results of this administrative review, 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 a cash deposit rate of zero will be required); (2) for
previously investigated or reviewed China and non-China exporters not
listed above 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 China 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-China exporters of subject
merchandise that have not received their own rate, the cash deposit
rate will be the rate applicable to China exporter(s) that supplied
that non-China exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19
CFR 351.213.
Dated: August 3, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Extension of the Preliminary Results
V. Scope of the Order
VI. Selection of Respondents
VII. Duty Absorption
VIII. Preliminary Determination of No Shipments
IX. Single Entity Treatment
X. Discussion of the Methodology
A. Non-Market Economy Country
B. Separate Rates
C. Separate Rate Analysis
1. Wholly Foreign-Owned Applicant
2. Joint Ventures Between Chinese and Foreign Companies or
Wholly Chinese-Owned Companies
a. Absence of De Jure Control
b. Absence of De Facto Control
3. Companies Not Receiving a Separate Rate
D. Dumping Margin for the Separate Rate Companies Not
Individually Examined
E. Surrogate Country
1. Same Level of Economic Development
2. Significant Producers of Identical or Comparable Merchandise
3. Data Availability
F. Date of Sale
G. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
H. U.S. Price
1. Export Price
2. Constructed Export Price
3. Value-Added Tax
I. Normal Value
1. Factor Valuations
1. Direct and Packing Materials
2. Energy
3. Labor
4. Movement Services
5. Financial Ratios
J. Currency Conversion
XI. Recommendation
[FR Doc. 2018-17412 Filed 8-13-18; 8:45 am]
BILLING CODE 3510-DS-P
