Xanthan Gum From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2017-2018, 26813-26815 [2019-12149]

Download as PDF Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Notices conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: June 3, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–12130 Filed 6–7–19; 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; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that xanthan gum from the People’s Republic of China (China) is being sold in the United States at less than fair value (LTFV). The period of review (POR) is July 1, 2017, through June 30, 2018. Interested parties are invited to comment on these preliminary results. DATES: Applicable June 10, 2019. FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Thomas Hanna, 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) 482–3147 or (202) 482–0835, respectively. SUPPLEMENTARY INFORMATION: khammond on DSKBBV9HB2PROD with NOTICES AGENCY: 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, 2018, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on xanthan gum from China.1 Commerce published the notice of initiation of this administrative review on September 10, 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 83 FR 31121 (July 3, 2018). VerDate Sep<11>2014 16:45 Jun 07, 2019 Jkt 247001 2018.2 On January 28, 2019, Commerce exercised its discretion to toll all deadlines affected by the closure of the federal government from December 22, 2018, through January 28, 2019.3 Commerce extended the preliminary results deadline until June 5, 2019.4 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.5 A list of topics included in the Preliminary Decision Memorandum is included in the appendix to 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 http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The product covered by this order is dry xanthan gum, whether or not coated or blended with other products, from China. For a complete description of the scope of this order, see the Preliminary Decision Memorandum. Preliminary Determination of No Shipments On September 25, 2017, and October 9, 2018, Shanghai Smart Chemicals Co., Ltd. (Shanghai Smart), Jianlong Biotechnology Co., Ltd. (Jianlong), and Inner Mongolia Jianlong Biochemical Co., Ltd. (IMJ), respectively, timely filed certifications that they had no exports, sales, or entries of subject merchandise during the POR. Based on an analysis of 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 45596 (September 10, 2018). 3 See Memorandum 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. 4 See Memorandum, ‘‘Xanthan Gum from the People’s Republic of China: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated May 7, 2019. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results in the Fifth Antidumping Duty Administrative Review of Xanthan Gum from the People’s Republic of China,’’ (Preliminary Decision Memorandum), dated concurrently with, and hereby adopted by, this notice. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 26813 the U.S. Customs and Border Protection (CBP) information and Shanghai Smart, Jianlong’s, and IMJ’s, no shipment certifications, Commerce preliminarily determines that Shanghai Smart, Jianlong, and IMJ 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 Shanghai Smart, Jianlong, or IMJ, 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 Deosen Biochemical (Ordos) Ltd. and Deosen Biochemical Ltd. (collectively Deosen), 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 results, see the Preliminary Decision Memorandum. Single Entity Treatment Consistent with prior segments of this proceeding, we have continued to treat Deosen Biochemical (Ordos) Ltd. and Deosen Biochemical Ltd. as a single entity; and Meihua Group International Trading (Hong Kong) Limited, Langfang Meihua Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd. as a single entity, pursuant to 19 CFR 351.401(f)(1)–(2). For additional information, see the Preliminary Decision Memorandum. 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. E:\FR\FM\10JNN1.SGM 10JNN1 26814 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Notices Separate Rates Commerce preliminary determines that the information placed on the record by Deosen, 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. and A.H.A. International Co., Ltd. did not demonstrate their entitlement to separate rates status. Therefore, we are preliminarily treating Hebei Xinhe Biochemical Co., Ltd. and A.H.A. International Co., Ltd. as part of the China-wide entity. For additional information, see the Preliminary Decision Memorandum. Dumping Margins for Separate Rate Companies 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, 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 weightedaverage 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. We preliminarily assigned the respondents not selected for individual examination to which we granted a separate rate the dumping margin calculated for Deosen. Preliminary Dumping Margins Commerce preliminarily determines that the following weighted-average dumping margins exist for the period July 1, 2017, through June 30, 2018: Weighted-average dumping margin (percent) Exporter khammond on DSKBBV9HB2PROD with NOTICES Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd ....................................................................................................... Meihua Group International Trading (Hong Kong) Limited/Langfang Meihua Biotechnology Co., Ltd.,/Xinjiang Meihua Amino Acid Co., Ltd ................................................................................................................................................................. CP Kelco (Shandong) Biological Company Limited .................................................................................................................... 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 8 See 19 CFR 351.309(c). 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 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 9 See VerDate Sep<11>2014 16:45 Jun 07, 2019 Jkt 247001 10 See PO 00000 19 CFR 351.212(b)(1). Frm 00006 Fmt 4703 Sfmt 4703 45.65 0.00 45.65 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 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 based on the weighted-average dumping margin(s) assigned to the respondent(s), as appropriate, 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 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). 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 Issues and 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). E:\FR\FM\10JNN1.SGM 10JNN1 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Notices instruct CBP to liquidate such entries at the China-wide rate. In addition, if we continue to find that Shanghai Smart, Jianlong, and IMJ had no shipments of subject merchandise during the POR, any suspended entries of subject merchandise from either Shanghai Smart, Jianlong, and IMJ will be liquidated at the China-wide 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 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. khammond on DSKBBV9HB2PROD with NOTICES 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 Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results of review in 14 For a full discussion of this practice, see NME AD Assessment. VerDate Sep<11>2014 16:45 Jun 07, 2019 Jkt 247001 accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213. Dated: June 4, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. 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. Preliminary Determination of No Shipments VIII. Single Entity Treatment IX. 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 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 a. Direct and Packing Materials b. Energy c. Labor d. Movement Services e. Financial Ratios J. Currency Conversion X. Recommendation [FR Doc. 2019–12149 Filed 6–7–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Review: Notice of Request for Panel Review United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 26815 Notice of NAFTA requests for Panel Review in the matter Light-Walled Rectangular Pipe and Tube from Mexico; Final Results of Antidumping Duty Administrative Review (Secretariat File Number: USA–MEX–2019–1904– 01). ACTION: A Request for Panel Review was filed on behalf of Maquilacero S.A. de C.V. (‘‘Maquilacero’’) and Perfiles LM, S.A. de C.V. (‘‘Perfiles’’) with the United States Section of the NAFTA Secretariat on May 22, 2019, pursuant to NAFTA Article 1904. Panel Review was requested of the Department of Commerce’s final antidumping duty determination regarding Light-Walled Rectangular Pipe and Tube from Mexico. The final determination was published in the Federal Register on April 22, 2019. The NAFTA Secretariat has assigned case number USA–MEX– 2019–1904–01 to this request. FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Chapter 19 of Article 1904 of NAFTA provides a dispute settlement mechanism involving trade remedy determinations issued by the Government of the United States, the Government of Canada, and the Government of Mexico. Following a Request for Panel Review, a Binational Panel is composed to review the trade remedy determination being challenged and issue a binding Panel Decision. There are established NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews, which were adopted by the three governments for panels requested pursuant to Article 1904(2) of NAFTA which requires Requests for Panel Review to be published in accordance with Rule 35. For the complete Rules, please see https:// www.nafta-sec-alena.org/Home/Textsof-the-Agreement/Rules-of-Procedure/ Article-1904. The Rules provide that: (a) A Party or interested person may challenge the final determination in whole or in part by filing a Complaint in accordance with Rule 39 within 30 days after the filing of the first Request for Panel Review (the deadline for filing a Complaint is June 21, 2019); (b) A Party, investigating authority or interested person that does not file a Complaint but that intends to appear in support of any reviewable portion of the final determination may participate in the panel review by filing a Notice of Appearance in accordance with Rule 40 within 45 days after the filing of the first Request for Panel Review (the deadline SUMMARY: E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26813-26815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12149]


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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; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that xanthan gum from the People's Republic of China (China) is being 
sold in the United States at less than fair value (LTFV). The period of 
review (POR) is July 1, 2017, through June 30, 2018. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable June 10, 2019.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Thomas Hanna, 
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) 482-3147 or (202) 
482-0835, 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, 2018, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the antidumping duty 
order on xanthan gum from China.\1\ Commerce published the notice of 
initiation of this administrative review on September 10, 2018.\2\ On 
January 28, 2019, Commerce exercised its discretion to toll all 
deadlines affected by the closure of the federal government from 
December 22, 2018, through January 28, 2019.\3\ Commerce extended the 
preliminary results deadline until June 5, 2019.\4\ For a complete 
description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\5\ A list of 
topics included in the Preliminary Decision Memorandum is included in 
the appendix to 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 http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 83 FR 31121 (July 3, 2018).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 45596 (September 10, 2018).
    \3\ See Memorandum 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, ``Deadlines Affected by the Partial 
Shutdown of the Federal Government,'' dated January 28, 2019.
    \4\ See Memorandum, ``Xanthan Gum from the People's Republic of 
China: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review,'' dated May 7, 2019.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results in the Fifth Antidumping Duty Administrative Review of 
Xanthan Gum from the People's Republic of China,'' (Preliminary 
Decision Memorandum), dated concurrently with, and hereby adopted 
by, this notice.
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Scope of the Order

    The product covered by this order is dry xanthan gum, whether or 
not coated or blended with other products, from China. For a complete 
description of the scope of this order, see the Preliminary Decision 
Memorandum.

Preliminary Determination of No Shipments

    On September 25, 2017, and October 9, 2018, Shanghai Smart 
Chemicals Co., Ltd. (Shanghai Smart), Jianlong Biotechnology Co., Ltd. 
(Jianlong), and Inner Mongolia Jianlong Biochemical Co., Ltd. (IMJ), 
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 Shanghai Smart, Jianlong's, and IMJ's, no shipment certifications, 
Commerce preliminarily determines that Shanghai Smart, Jianlong, and 
IMJ 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 
Shanghai Smart, Jianlong, or IMJ, 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 Deosen 
Biochemical (Ordos) Ltd. and Deosen Biochemical Ltd. (collectively 
Deosen), 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 results, 
see the Preliminary Decision Memorandum.

Single Entity Treatment

    Consistent with prior segments of this proceeding, we have 
continued to treat Deosen Biochemical (Ordos) Ltd. and Deosen 
Biochemical Ltd. as a single entity; and Meihua Group International 
Trading (Hong Kong) Limited, Langfang Meihua Biotechnology Co., Ltd., 
and Xinjiang Meihua Amino Acid Co., Ltd. as a single entity, pursuant 
to 19 CFR 351.401(f)(1)-(2). For additional information, see the 
Preliminary Decision Memorandum.

[[Page 26814]]

Separate Rates

    Commerce preliminary determines that the information placed on the 
record by Deosen, 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. and A.H.A. International Co., Ltd. did not 
demonstrate their entitlement to separate rates status. Therefore, we 
are preliminarily treating Hebei Xinhe Biochemical Co., Ltd. and A.H.A. 
International Co., Ltd. as part of the China-wide entity. For 
additional information, see the Preliminary Decision Memorandum.

Dumping Margins for Separate Rate Companies

    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, 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. We preliminarily assigned 
the respondents not selected for individual examination to which we 
granted a separate rate the dumping margin calculated for Deosen.

Preliminary Dumping Margins

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period July 1, 2017, through June 
30, 2018:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Deosen Biochemical Ltd./Deosen Biochemical (Ordos)                 45.65
 Ltd................................................
Meihua Group International Trading (Hong Kong)                      0.00
 Limited/Langfang Meihua Biotechnology Co., Ltd.,/
 Xinjiang Meihua Amino Acid Co., Ltd................
CP Kelco (Shandong) Biological Company Limited......               45.65
------------------------------------------------------------------------

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 based on the weighted-
average dumping margin(s) assigned to the respondent(s), as 
appropriate, 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 Issues and 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

[[Page 26815]]

instruct CBP to liquidate such entries at the China-wide rate. In 
addition, if we continue to find that Shanghai Smart, Jianlong, and IMJ 
had no shipments of subject merchandise during the POR, any suspended 
entries of subject merchandise from either Shanghai Smart, Jianlong, 
and IMJ 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 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 Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interested Parties

    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: June 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

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. Preliminary Determination of No Shipments
VIII. Single Entity Treatment
IX. 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
    a. Direct and Packing Materials
    b. Energy
    c. Labor
    d. Movement Services
    e. Financial Ratios
    J. Currency Conversion
X. Recommendation

[FR Doc. 2019-12149 Filed 6-7-19; 8:45 am]
 BILLING CODE 3510-DS-P