Xanthan Gum From the People's Republic of China: Notice of Third Amended Final Determination Pursuant to Court Decision, 40967-40969 [2020-14678]
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Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Notices
Milad 16, Sajjad BLVD, Mashhad. Iran,
and when acting for or on her behalf,
her successors, assigns, employees,
agents or representatives (‘‘the Denied
Person’’), may not directly or indirectly
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
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service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to Section 1760(e) of
the Export Control Reform Act (50
U.S.C. 4819(e) and Sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Mojtahedzadeh
by ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Mojtahedzadeh may
file an appeal of this Order with the
Under Secretary of Commerce for
Industry and Security. The appeal must
be filed within 45 days from the date of
this Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Mojtahedzadeh and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 30, 2030.
Issued this 1st day of July, 2020.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2020–14597 Filed 7–7–20; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Xanthan Gum From the People’s
Republic of China: Notice of Third
Amended Final Determination
Pursuant to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 10, 2020, the
Court of Appeals for the Federal Circuit
(CAFC) reversed the Court of
International Trade’s (CIT) decision
sustaining the Department of
Commerce’s (Commerce) use of Thai
Fermentation Industry Ltd.’s (Thai
Fermentation) financial statements to
calculate surrogate financial ratios and
reinstated Commerce’s prior
determination to use Ajinomoto
(Thailand) Co., Ltd.’s (Thai Ajinomoto)
financial statements to calculate
financial ratios. Accordingly, Commerce
AGENCY:
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40967
is issuing a third amended final
determination for the less-than-fairvalue (LTFV) investigation of xanthan
gum from the People’s Republic of
China (China), and including
Neimenggu Fufeng Biotechnologies Co.,
Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.) and
Shandong Fufeng Fermentation, Co.,
Ltd. (collectively, Fufeng) as subject to
the order.
DATES: Applicable February 20, 2020.
FOR FURTHER INFORMATION CONTACT:
Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0835.
SUPPLEMENTARY INFORMATION:
Background
The litigation in this case relates to
Commerce’s final determination in the
LTFV investigation of xanthan gum
from China,1 which was later amended.2
In its Amended Final Determination
and Order, Commerce reached
affirmative determinations for
mandatory respondents, Fufeng and
Deosen Biochemical Ltd. (Deosen).3 CP
Kelco U.S., Inc. (CP Kelco U.S.), the
petitioner, and Fufeng appealed the
Amended Final Determination and
Order to the CIT, and on March 31,
2015, the CIT sustained, in part, and
remanded, in part, Commerce’s Final
Determination, as modified by the
Amended Final Determination.4
Specifically, the CIT remanded, for
reevaluation, Commerce’s conclusion
that the Thai Ajinomoto financial
statements constituted a better source
for calculating surrogate financial ratios
than the Thai Fermentation statements,
and granted Commerce’s request for a
voluntary remand to reconsider its
allocation of energy consumed at
Fufeng’s Neimenggu plant between the
production of subject and non-subject
merchandise.5
Pursuant to a series of remand orders
issued by the CIT that resulted in four
remand redeterminations, Commerce
adjusted its allocation of energy
consumed at Fufeng’s Neimenggu plant
1 See Xanthan Gum from the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value, 78 FR 33351 (June 4, 2013) (Final
Determination) and accompanying Issues and
Decision Memorandum.
2 See Xanthan Gum from the People’s Republic of
China: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
78 FR 43143 (July 19, 2013) (Amended Final
Determination and Order).
3 Id., 78 FR at 43144.
4 See CP Kelco US, Inc. v. United States, Ct. No.
13–00288, Slip Op. 15–27 (CIT Mar. 31, 2015) (CP
Kelco I).
5 Id. at 2–3, 11–15, 32–34.
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and revised Fufeng’s weighted-average
dumping margin by using Thai
Fermentation’s financial statements to
derive the surrogate financial ratios.6
After using Thai Fermentation’s
financial statements to calculate
surrogate financial ratios, Commerce
calculated a weighted-average dumping
margin of 0.00 percent for Fufeng.7 On
September 17, 2018, the CIT sustained
Commerce’s fourth remand
redetermination.8 Pursuant to the CIT’s
final judgment, Commerce amended the
Final Determination and Amended
Final Determination and Order and
excluded merchandise produced and
exported by Fufeng from the order.9
CP Kelco U.S. appealed the CIT’s
decision upholding Commerce’s
treatment of Xanthomonas Campestris
(X. Campestris) as an asset in its final
determination, rather than a direct
material input, and Commerce’s use, in
its remand redetermination, of Thai
Fermentation’s financial statements to
calculate surrogate financial ratios
rather than Thai Ajinomoto’s financial
statements.10 On February 10, 2020, the
CAFC issued an opinion: (1) Affirming
the CIT’s decision sustaining
Commerce’s treatment of X. Campestris
as an asset; and (2) reversing the CIT’s
decision regarding Commerce’s use of
Thai Fermentation’s financial
statements to calculate surrogate
financial ratios and reinstating
Commerce’s original determination to
use Thai Ajinomoto’s financial
statements in calculating those ratios.
On May 8, 2020, in compliance with
the order issued by the CAFC, the CIT
affirmed Commerce’s third remand
redetermination, wherein we
‘‘calculated a dumping margin of 8.69%
for Fufeng by treating X. campestris as
an asset, and by using data in Thai
Ajinomoto financial statements’’ to
calculate surrogate financial ratios.11
The CIT found that Commerce’s third
remand redetermination ‘‘comports with
the {CAFC’s} decision in its entirety.’’ 12
Third Amended Final Determination
Because there is now a final and
conclusive court decision, Commerce is
amending the Final Determination and
Amended Final Determination and
Order with respect to Fufeng. The
revised weighted-average dumping
margin for Fufeng for the period October
1, 2011 through March 31, 2012 is as
follows:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Neimenggu Fufeng Biotechnologies, Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng
Fermentation Co., Ltd.
Neimenggu Fufeng Biotechnologies, Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng
Fermentation Co., Ltd.
Results of Discontinued Antidumping
Duty Administrative Reviews for
Fufeng
As a result of this amended final
determination, in which Commerce has
calculated an estimated weightedaverage dumping margin of 8.69 percent
for Fufeng, merchandise from the
producer-exporter combination above
will be subject to the antidumping duty
(AD) order on xanthan gum from China.
Additionally, we will instruct United
States Customs and Border Protection
(CBP) to suspend liquidation of, and to
require a cash deposit of 0.00 percent 13
for, all unliquidated entries of subject
merchandise from the producer-exporter
combination referenced above which
were entered, or withdrawn from
warehouse, for consumption after
February 20, 2020, which is 10 days
after the CAFC’s final decision, in
accordance with section 516A of the
Act.
{a}s a result of the exclusion, Commerce (1)
is discontinuing the ongoing fourth and fifth
administrative reviews, in part, with respect
to Fufeng’s entries during those periods of
review; and (2) will not initiate any new
6 Id.; see also CP Kelco US, Inc. v. United States,
Ct. No. 13–00288, Slip Op. 16–36 (CIT Apr. 8, 2016)
(CP Kelco II); CP Kelco US, Inc. v. United States,
211 F. Supp. 3d 1338 (CIT 2017) (CP Kelco III); and
CP Kelco US, Inc. v. United States, Ct. No. 13–
00288, Slip Op. 18–36 (CIT Apr. 5, 2018) (CP Kelco
IV).
7 See Final Results of Fourth Redetermination
Pursuant to Court Order, dated July 5, 2018, at 12.
8 See CP Kelco US, Inc. v. United States, Ct. No.
13–00288, Slip Op. 18–120 (CIT Sept. 17, 2018) (CP
Kelco V).
9 See Xanthan Gum From the People’s Republic
of China: Notice of Court Decision Not in Harmony
With Amended Final Determination in Less Than
Fair Value Investigation; Notice of Amended Final
Determination Pursuant to Court Decision; Notice of
Revocation of Antidumping Duty Order in Part; and
Discontinuation of Fourth and Fifth Antidumping
Duty Administrative Reviews in Part, 83 FR 52205
(October 16, 2018) (Timken Notice).
10 See CP Kelco US, Inc. v. United States, 949
F.3d 1348 (Fed. Cir. 2020).
11 See CP Kelco US, Inc. v. United States, Ct. No.
13–00288, Slip Op. 20–62 (CIT May 8, 2020).
12 Id. at *4.
13 This is the cash deposit rate determined for
Fufeng in the 2015–2016 AD administrative review
of xanthan gum from China. See Xanthan Gum
From the People’s Republic of China: Final Results
of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2015–
2016; 83 FR 6513, 6514 (February 14, 2018).
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In the Timken Notice, Commerce
amended the final determination in this
proceeding and stated that ‘‘{a}s a result
of this amended final determination, in
which Commerce has calculated an
estimated weighted-average dumping
margin of 0.00 percent for Fufeng,
Commerce is hereby excluding
merchandise from the above producerexporter combination from the
antidumping duty order.’’ 14 Commerce
explained in the Timken Notice that:
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8.69
administrative reviews of Fufeng’s entries
pursuant to the antidumping order.15
When Commerce published the final
results of the fourth and fifth
administrative reviews of the AD order
on xanthan gum from China,
merchandise from the above-referenced
producer-exporter combination was no
longer subject to that order due to the
CIT’s decision, and the CAFC had not
reversed the CIT’s decision.16 However,
subsequent to Commerce issuing those
final results of reviews, the CAFC
reversed the CIT’s decision. Based on
the CAFC’s decision, Fufeng is subject
to the AD order on xanthan gum from
China. Therefore, we will resume the
fourth and fifth administrative reviews
of that order with specific regard to
Fufeng.17 We will not revisit these
reviews for any company other than
14 Timken
Notice, 83 FR at 52206.
15 Id.
16 See Xanthan Gum from the People’s Republic
of China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No
Shipments, Partial Discontinuation of Antidumping
Duty Administrative Review; 2016–2017, 83 FR
65143 (December 19, 2018); Xanthan Gum From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2017–2018;
84 FR 64831 (November 25, 2019).
17 The fourth review covers the period July 1,
2016 through June 30, 2017. The fifth review covers
the period July 1, 2017 through June 30, 2018.
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Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Notices
Fufeng.18 For the fourth review, because
we already issued preliminary results
covering Fufeng and case briefs
regarding those results were filed, we
will consider the case briefs as they
pertain to Fufeng and issue the final
results of review with respect to Fufeng.
For the fifth review, because we already
selected mandatory respondents, other
than Fufeng, and issued final results
with respect to those respondents, we
will analyze Fufeng’s separate rate
certification and issue preliminary
results regarding Fufeng’s separate rate
status. We will set a briefing period to
allow interested parties to comment on
our separate rates determination for
Fufeng before issuing the final results of
review with respect to Fufeng.
At this time, Commerce remains
enjoined by Court order from
liquidating entries of subject
merchandise that: (1) Was produced and
exported by Fufeng, and entered, or
withdrawn from warehouse, for
consumption during the period July 19,
2013 through June 30, 2014 (with the
exception of such merchandise entered
by the company named in CBP message
number 7352304, dated December 18,
2017); (2) was produced and exported
by Fufeng, and entered, or withdrawn
from warehouse, for consumption
during the period July 1, 2014 through
June 30, 2015, by East West
Technologies Inc.; and (3) was produced
and exported by Fufeng, and entered, or
withdrawn from warehouse, for
consumption during the period July 1,
2014 through June 30, 2015, by LABH
Inc., designated as Entry No.
22703189153, with an entry date of July
7, 2014, and Fufeng’s Invoice No.
MEU14088. These entries will remain
enjoined pursuant to the terms of the
injunction during the pendency of any
appeals process.
Notification to Interested Parties
This notice is issued and published in
accordance with section 516A(c)(1) and
(e) of the Tariff Act of 1930, as
amended.
Dated: June 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
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[FR Doc. 2020–14678 Filed 7–7–20; 8:45 am]
BILLING CODE 3510–DS–P
18 Fufeng
refers to the collapsed entity Inner
Mongolia Fufeng Biotechnologies Co., Ltd./
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka
Inner Mongolia Fufeng Biotechnologies Co., Ltd)/
Shandong Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–887]
Tetrahydrofurfuryl Alcohol From the
People’s Republic of China: Final
Results of the Expedited Third Sunset
Review of the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(Commerce) finds that revocation of the
antidumping duty (AD) order on
tetrahydrofurfuryl alcohol (THFA) from
the People’s Republic of China (China)
would be likely to lead to the
continuation or recurrence of dumping
at the levels indicated in the ‘‘Final
Results of Review’’ section of this
notice.
AGENCY:
DATES:
Applicable July 8, 2020.
Kate
Sliney, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2437.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On March 2, 2020, Commerce
published the notice of initiation of the
third sunset review of the Order 1 on
tetrahydrofurfuryl alcohol from China,
pursuant to section 751(c)(2) of the
Tariff Act of 1930, as amended (the
Act).2 On March 20, 2020, Commerce
received a notice of intent to participate
from Penn A Kem LLC (formerly, Penn
Specialty Chemicals), a domestic
interested party, within the deadline
specified in 19 CFR 351.218(d)(1)(i).3
On March 30, 2020, Commerce
received a complete substantive
response from the domestic interested
party within the 30-day deadline
specified in 19 CFR 351.218(d)(3).4 No
1 See Antidumping Duty Order:
Tetrahydrofurfuryl Alcohol from The People’s
Republic of China, 69 FR 47911 (August 6, 2004)
(Order).
2 See Initiation of Five-Year (Sunset) Reviews, 85
FR 12253 (March 2, 2020).
3 See Penn A Kem LLC’s Letter, ‘‘Sunset Review
(3rd Review) of the Antidumping Duty Order on
Tetrahydrofurfuryl Alcohol from the People’s
Republic of China: Domestic Interested Party
Notification of Intent to Participate,’’ dated March
20, 2020.
4 See Penn A Kem LLC’s Letter, ‘‘Sunset Review
(3rd Review) of the Antidumping Duty Order on
Tetrahydrofurfuryl Alcohol from the People’s
Republic of China: Domestic Interested Party
Substantive Response to Notice of Initiation,’’ dated
March 30, 2020.
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40969
respondent interested party submitted a
substantive response within the 50-day
deadline. As a result, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), Commerce is
conducting an expedited (120-day)
sunset review of the Order.
Scope of the Order
The product covered by this Order is
tetrahydrofurfuryl alcohol (THFA) from
China; a primary alcohol, THFA is a
clear, water white to pale yellow liquid.
THFA is a member of the heterocyclic
compounds known as furans and is
miscible with water and soluble in
many common organic solvents. THFA
is currently classifiable in the
Harmonized Tariff Schedules of the
United States (HTSUS) under
subheading 2932.13.00.00. Although the
HTSUS subheadings are provided for
convenience and for customs purposes,
Commerce’s written description of the
merchandise subject to the Order is
dispositive.
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the accompanying
Issues and Decision Memorandum,
which is hereby adopted by this notice.5
The Issues and Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. A list of
topics discussed in the Issues and
Decision Memorandum is included as
an appendix to this notice. A complete
version of the Issues and Decision
Memorandum can be accessed at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Results of Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the
antidumping duty order on THFA from
China would be likely to lead to the
continuation or recurrence of dumping,
and that the magnitude of the margin
likely to prevail is up to 136.86 percent.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Third Sunset Review of the Antidumping Duty
Order on Tetrahydrofurfuryl Alcohol from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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]]>Agencies
[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Notices]
[Pages 40967-40969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14678]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Notice of Third
Amended Final Determination Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 10, 2020, the Court of Appeals for the Federal
Circuit (CAFC) reversed the Court of International Trade's (CIT)
decision sustaining the Department of Commerce's (Commerce) use of Thai
Fermentation Industry Ltd.'s (Thai Fermentation) financial statements
to calculate surrogate financial ratios and reinstated Commerce's prior
determination to use Ajinomoto (Thailand) Co., Ltd.'s (Thai Ajinomoto)
financial statements to calculate financial ratios. Accordingly,
Commerce is issuing a third amended final determination for the less-
than-fair-value (LTFV) investigation of xanthan gum from the People's
Republic of China (China), and including Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies
Co., Ltd.) and Shandong Fufeng Fermentation, Co., Ltd. (collectively,
Fufeng) as subject to the order.
DATES: Applicable February 20, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance, U.S. Department of Commerce,
1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202)
482-0835.
SUPPLEMENTARY INFORMATION:
Background
The litigation in this case relates to Commerce's final
determination in the LTFV investigation of xanthan gum from China,\1\
which was later amended.\2\ In its Amended Final Determination and
Order, Commerce reached affirmative determinations for mandatory
respondents, Fufeng and Deosen Biochemical Ltd. (Deosen).\3\ CP Kelco
U.S., Inc. (CP Kelco U.S.), the petitioner, and Fufeng appealed the
Amended Final Determination and Order to the CIT, and on March 31,
2015, the CIT sustained, in part, and remanded, in part, Commerce's
Final Determination, as modified by the Amended Final Determination.\4\
Specifically, the CIT remanded, for reevaluation, Commerce's conclusion
that the Thai Ajinomoto financial statements constituted a better
source for calculating surrogate financial ratios than the Thai
Fermentation statements, and granted Commerce's request for a voluntary
remand to reconsider its allocation of energy consumed at Fufeng's
Neimenggu plant between the production of subject and non-subject
merchandise.\5\
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\1\ See Xanthan Gum from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 78 FR 33351 (June 4,
2013) (Final Determination) and accompanying Issues and Decision
Memorandum.
\2\ See Xanthan Gum from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 78 FR 43143 (July 19, 2013) (Amended Final Determination
and Order).
\3\ Id., 78 FR at 43144.
\4\ See CP Kelco US, Inc. v. United States, Ct. No. 13-00288,
Slip Op. 15-27 (CIT Mar. 31, 2015) (CP Kelco I).
\5\ Id. at 2-3, 11-15, 32-34.
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Pursuant to a series of remand orders issued by the CIT that
resulted in four remand redeterminations, Commerce adjusted its
allocation of energy consumed at Fufeng's Neimenggu plant
[[Page 40968]]
and revised Fufeng's weighted-average dumping margin by using Thai
Fermentation's financial statements to derive the surrogate financial
ratios.\6\ After using Thai Fermentation's financial statements to
calculate surrogate financial ratios, Commerce calculated a weighted-
average dumping margin of 0.00 percent for Fufeng.\7\ On September 17,
2018, the CIT sustained Commerce's fourth remand redetermination.\8\
Pursuant to the CIT's final judgment, Commerce amended the Final
Determination and Amended Final Determination and Order and excluded
merchandise produced and exported by Fufeng from the order.\9\
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\6\ Id.; see also CP Kelco US, Inc. v. United States, Ct. No.
13-00288, Slip Op. 16-36 (CIT Apr. 8, 2016) (CP Kelco II); CP Kelco
US, Inc. v. United States, 211 F. Supp. 3d 1338 (CIT 2017) (CP Kelco
III); and CP Kelco US, Inc. v. United States, Ct. No. 13-00288, Slip
Op. 18-36 (CIT Apr. 5, 2018) (CP Kelco IV).
\7\ See Final Results of Fourth Redetermination Pursuant to
Court Order, dated July 5, 2018, at 12.
\8\ See CP Kelco US, Inc. v. United States, Ct. No. 13-00288,
Slip Op. 18-120 (CIT Sept. 17, 2018) (CP Kelco V).
\9\ See Xanthan Gum From the People's Republic of China: Notice
of Court Decision Not in Harmony With Amended Final Determination in
Less Than Fair Value Investigation; Notice of Amended Final
Determination Pursuant to Court Decision; Notice of Revocation of
Antidumping Duty Order in Part; and Discontinuation of Fourth and
Fifth Antidumping Duty Administrative Reviews in Part, 83 FR 52205
(October 16, 2018) (Timken Notice).
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CP Kelco U.S. appealed the CIT's decision upholding Commerce's
treatment of Xanthomonas Campestris (X. Campestris) as an asset in its
final determination, rather than a direct material input, and
Commerce's use, in its remand redetermination, of Thai Fermentation's
financial statements to calculate surrogate financial ratios rather
than Thai Ajinomoto's financial statements.\10\ On February 10, 2020,
the CAFC issued an opinion: (1) Affirming the CIT's decision sustaining
Commerce's treatment of X. Campestris as an asset; and (2) reversing
the CIT's decision regarding Commerce's use of Thai Fermentation's
financial statements to calculate surrogate financial ratios and
reinstating Commerce's original determination to use Thai Ajinomoto's
financial statements in calculating those ratios.
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\10\ See CP Kelco US, Inc. v. United States, 949 F.3d 1348 (Fed.
Cir. 2020).
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On May 8, 2020, in compliance with the order issued by the CAFC,
the CIT affirmed Commerce's third remand redetermination, wherein we
``calculated a dumping margin of 8.69% for Fufeng by treating X.
campestris as an asset, and by using data in Thai Ajinomoto financial
statements'' to calculate surrogate financial ratios.\11\ The CIT found
that Commerce's third remand redetermination ``comports with the
{CAFC's{time} decision in its entirety.'' \12\
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\11\ See CP Kelco US, Inc. v. United States, Ct. No. 13-00288,
Slip Op. 20-62 (CIT May 8, 2020).
\12\ Id. at *4.
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Third Amended Final Determination
Because there is now a final and conclusive court decision,
Commerce is amending the Final Determination and Amended Final
Determination and Order with respect to Fufeng. The revised weighted-
average dumping margin for Fufeng for the period October 1, 2011
through March 31, 2012 is as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
Neimenggu Fufeng Biotechnologies, Neimenggu Fufeng 8.69
Co., Ltd. (aka Inner Mongolia Biotechnologies,
Fufeng Biotechnologies Co., Ltd.)/ Co., Ltd. (aka
Shandong Fufeng Fermentation Co., Inner Mongolia
Ltd. Fufeng
Biotechnologies
Co., Ltd.)/Shandong
Fufeng Fermentation
Co., Ltd.
------------------------------------------------------------------------
As a result of this amended final determination, in which Commerce
has calculated an estimated weighted-average dumping margin of 8.69
percent for Fufeng, merchandise from the producer-exporter combination
above will be subject to the antidumping duty (AD) order on xanthan gum
from China. Additionally, we will instruct United States Customs and
Border Protection (CBP) to suspend liquidation of, and to require a
cash deposit of 0.00 percent \13\ for, all unliquidated entries of
subject merchandise from the producer-exporter combination referenced
above which were entered, or withdrawn from warehouse, for consumption
after February 20, 2020, which is 10 days after the CAFC's final
decision, in accordance with section 516A of the Act.
---------------------------------------------------------------------------
\13\ This is the cash deposit rate determined for Fufeng in the
2015-2016 AD administrative review of xanthan gum from China. See
Xanthan Gum From the People's Republic of China: Final Results of
the Antidumping Duty Administrative Review and Final Determination
of No Shipments; 2015-2016; 83 FR 6513, 6514 (February 14, 2018).
---------------------------------------------------------------------------
Results of Discontinued Antidumping Duty Administrative Reviews for
Fufeng
In the Timken Notice, Commerce amended the final determination in
this proceeding and stated that ``{a{time} s a result of this amended
final determination, in which Commerce has calculated an estimated
weighted-average dumping margin of 0.00 percent for Fufeng, Commerce is
hereby excluding merchandise from the above producer-exporter
combination from the antidumping duty order.'' \14\ Commerce explained
in the Timken Notice that:
---------------------------------------------------------------------------
\14\ Timken Notice, 83 FR at 52206.
{a{time} s a result of the exclusion, Commerce (1) is discontinuing
the ongoing fourth and fifth administrative reviews, in part, with
respect to Fufeng's entries during those periods of review; and (2)
will not initiate any new administrative reviews of Fufeng's entries
pursuant to the antidumping order.\15\
---------------------------------------------------------------------------
\15\ Id.
When Commerce published the final results of the fourth and fifth
administrative reviews of the AD order on xanthan gum from China,
merchandise from the above-referenced producer-exporter combination was
no longer subject to that order due to the CIT's decision, and the CAFC
had not reversed the CIT's decision.\16\ However, subsequent to
Commerce issuing those final results of reviews, the CAFC reversed the
CIT's decision. Based on the CAFC's decision, Fufeng is subject to the
AD order on xanthan gum from China. Therefore, we will resume the
fourth and fifth administrative reviews of that order with specific
regard to Fufeng.\17\ We will not revisit these reviews for any company
other than
[[Page 40969]]
Fufeng.\18\ For the fourth review, because we already issued
preliminary results covering Fufeng and case briefs regarding those
results were filed, we will consider the case briefs as they pertain to
Fufeng and issue the final results of review with respect to Fufeng.
For the fifth review, because we already selected mandatory
respondents, other than Fufeng, and issued final results with respect
to those respondents, we will analyze Fufeng's separate rate
certification and issue preliminary results regarding Fufeng's separate
rate status. We will set a briefing period to allow interested parties
to comment on our separate rates determination for Fufeng before
issuing the final results of review with respect to Fufeng.
---------------------------------------------------------------------------
\16\ See Xanthan Gum from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments, Partial Discontinuation of
Antidumping Duty Administrative Review; 2016-2017, 83 FR 65143
(December 19, 2018); Xanthan Gum From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2017-2018; 84 FR 64831
(November 25, 2019).
\17\ The fourth review covers the period July 1, 2016 through
June 30, 2017. The fifth review covers the period July 1, 2017
through June 30, 2018.
\18\ Fufeng refers to the collapsed entity Inner Mongolia Fufeng
Biotechnologies Co., Ltd./Neimenggu Fufeng Biotechnologies Co., Ltd.
(aka Inner Mongolia Fufeng Biotechnologies Co., Ltd)/Shandong Fufeng
Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd.
---------------------------------------------------------------------------
At this time, Commerce remains enjoined by Court order from
liquidating entries of subject merchandise that: (1) Was produced and
exported by Fufeng, and entered, or withdrawn from warehouse, for
consumption during the period July 19, 2013 through June 30, 2014 (with
the exception of such merchandise entered by the company named in CBP
message number 7352304, dated December 18, 2017); (2) was produced and
exported by Fufeng, and entered, or withdrawn from warehouse, for
consumption during the period July 1, 2014 through June 30, 2015, by
East West Technologies Inc.; and (3) was produced and exported by
Fufeng, and entered, or withdrawn from warehouse, for consumption
during the period July 1, 2014 through June 30, 2015, by LABH Inc.,
designated as Entry No. 22703189153, with an entry date of July 7,
2014, and Fufeng's Invoice No. MEU14088. These entries will remain
enjoined pursuant to the terms of the injunction during the pendency of
any appeals process.
Notification to Interested Parties
This notice is issued and published in accordance with section
516A(c)(1) and (e) of the Tariff Act of 1930, as amended.
Dated: June 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-14678 Filed 7-7-20; 8:45 am]
BILLING CODE 3510-DS-P
