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]
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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).
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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 https://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
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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
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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
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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
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]]>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]
-----------------------------------------------------------------------
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 https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\14\ For a full discussion of this practice, see NME AD
Assessment.
---------------------------------------------------------------------------
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
