Xanthan Gum From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, and Partial Rescission; 2018-2019, 74686-74688 [2020-25854]
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74686
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
the deadline for these preliminary
results of review until November 17,
2020.4
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 Partial
Rescission; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the exporters under review did not
make sales of subject merchandise at
prices below normal value (NV) during
the period of review July 1, 2018
through June 30, 2019. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis or Abdul Alnoor,
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
and (202) 482–4554, respectively.
SUPPLEMENTARY INFORMATION:
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 1, 2019,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
antidumping duty (AD) order on
xanthan gum from the People’s Republic
of China (China).1 Commerce published
the notice of initiation of this
administrative review on September 9,
2019.2 On March 17, 2020, Commerce
extended the deadline for the
preliminary results of this review by a
total of 120 days, to July 30, 2020.3 On
April 24, 2020, and July 21, 2020,
Commerce tolled all deadlines in
administrative reviews by 50 days and
60 days respectively, thereby extending
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 31295
(July 1, 2019).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
47242 (September 9, 2019).
3 See Memorandum to James Maeder,
‘‘Antidumping Duty Administrative Review of
Xanthan Gum from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
March 17, 2020.
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17:07 Nov 20, 2020
Jkt 253001
Scope of the Order
The product covered by the order
includes dry xanthan gum, whether or
not coated or blended with other
products. Xanthan gum is included in
this order regardless of physical form,
including, but not limited to, solutions,
slurries, dry powders of any particle
size, or unground fiber.
Merchandise covered by the scope of
the order is classified in the
Harmonized Tariff Schedule of the
United States at subheading 3913.90.20.
This tariff classification is provided for
convenience and customs purposes;
however, the written description of the
scope is dispositive. A full description
of the scope of the order is contained in
the Preliminary Decision
Memorandum.5
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated export prices
for the mandatory respondent Meihua
Group International Trading (Hong
Kong) Limited, Langfang Meihua
Biotechnology Co., Ltd., and Xinjiang
Meihua Amino Acid Co., Ltd.
(collectively Meihua) 6 in accordance
with section 772 of the Act. Because
China is a non-market economy (NME)
country within the meaning of section
771(18) of the Act, we calculated NV in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020; see also Memorandum, ‘‘Tolling of Deadlines
for Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
5 See ‘‘Decision Memorandum for the Preliminary
Results in the Sixth 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.
6 Consistent with prior segments of this
proceeding, we have continued to treat these
companies as a single entity pursuant to 19 CFR
351.401(f)(1)-(2). For additional information, see the
Preliminary Decision Memorandum.
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of topics included in the
Preliminary Decision Memorandum is
provided in the Appendix to this notice.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws their
request(s) within 90 days of the
publication date of the notice of
initiation of the requested review.
Between September 15, 2019 and
December 9, 2019, parties timely
withdrew their requests for an
administrative review of A.H.A.
International Co., Ltd.; Deosen
Biochemical (Ordos) Ltd./Deosen
Biochemical Ltd.; Green Health
International; Greenhealth International
Co., Ltd. (Hong Kong); Hebei Xinhe
Biochemical Co.; Inner Mongolia
Jianlong Biochemical Co., Ltd./Jianlong
Biotechnology Co., Ltd.; Neimenggu
Fufeng Biotechnologies Co., Ltd. (aka
Inner Mongolia Fufeng Biotechnologies
Co., Ltd.)/Shandong Fufeng
Fermentation Co., Ltd./Xinjiang Fufeng
Biotechnologies Co., Ltd.; and Shanghai
Smart Chemicals Co., Ltd.7 Because all
requests for reviews of these companies
were timely withdrawn, in accordance
with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the AD order
on xanthan gum from China with
respect to these companies.
Separate Rates
Commerce preliminary determines
that the information placed on the
7 See Green Health International (GHI) and Green
Health International Co., Ltd. (Hong Kong)’s Letter,
‘‘Xanthan Gum from China,’’ submitted September
15, 2019 (the document is dated July 31, 2019);
Petitioner’s Letter, ‘‘Xanthan Gum from the People’s
Republic of China: Petitioner’s Withdrawal of
Request for Review of Deosen Biochemical Ltd/
Deosen Biochemical (Ordos) Ltd.,’’ dated September
20, 2019; Deosen’s Letter, ‘‘Administrative Review
of Antidumping Order on Xanthan Gum from the
People’s Republic of China: Withdrawal of Review
Request and Request to Rescind Review,’’ dated
September 24, 2019; Petitioner’s Letter, ‘‘Xanthan
Gum from the People’s Republic of China:
Petitioner’s Rebuttal Comments on Respondent
Selection and Withdrawal of Request for Review of
Jianlong Biotechnology Co., Ltd. and Inner
Mongolia Jianlong Biochemical Co. Ltd.,’’ dated
September 30, 2019; and Petitioner’s Letter,
‘‘Xanthan Gum from the People’s Republic of
China: Petitioner’s Partial Withdrawal of Request
for Administrative Review’’ dated December 9,
2019.
E:\FR\FM\23NON1.SGM
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Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
record by CP Kelco (Shandong)
Biological Company Limited (CP Kelco
Shandong) and Meihua, demonstrates
that these companies are entitled to
separate rate status. For additional
information, see the Preliminary
Decision Memorandum.
Dumping Margin for Non-Individually
Examined Companies Granted a
Separate Rate
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 calculated a zero
percent dumping margin for Meihua,
the sole mandatory respondent in this
review and have assigned this rate (i.e.,
0.00 percent) to CP Kelco Shandong. For
additional information, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following
dumping margin to the firms listed
below for the period July 1, 2018
through June 30, 2019:
Weightedaverage
dumping
margin
(percent)
Producers/exporters
Meihua Group International Trading (Hong Kong) Limited/Langfang Meihua Biotechnology Co., Ltd.,/Xinjiang Meihua Amino
Acid Co., Ltd. ...............................................................................................................................................................................
0.00
Review-Specific Average Rate Applicable to the Following Companies
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 seven 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.
Case and rebuttal briefs should be filed
using ACCESS.10 Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information.11
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
will announce the date and time of the
hearing. Parties should confirm by
telephone the date and time of the
hearing two days before the scheduled
hearing 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.
19 CFR 351.309(c).
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
10 See 19 CFR 351.303.
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
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17:07 Nov 20, 2020
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Frm 00024
Fmt 4703
19 CFR 351.212(b)(1).
applied the assessment rate calculation
method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
FR 8101 (February 14, 2012).
14 See 19 CFR 351.106(c)(2).
13 We
Upon issuance of the final results of
review, Commerce will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
PO 00000
this review.12 Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
publication of the final results of this
review. We will calculate importerspecific or customer-specific assessment
rates equal to the ratio of the total
amount of dumping calculated for
examined sales with a particular
importer or customer to the total entered
value of the sales in accordance with 19
CFR 351.212(b)(1).13 Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer-specific or
customer-specific ad valorem
assessment rate is zero or de minimis,14
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For the respondent that was not
selected for individual examination in
this administrative review but which
qualified for a separate rate, the
assessment rate will be equal to the
weighted-average dumping margin
12 See
Assessment Rates
8 See
Sfmt 4703
0.00
E:\FR\FM\23NON1.SGM
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74688
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
assigned to the respondent in the final
results of this review.15
For entries that were not reported in
the U.S. sales databases submitted by
the company individually examined
during this review, Commerce will
instruct CBP to liquidate such entries at
the China-wide rate.
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.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping and/
or countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
15 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 Preliminary 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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17:07 Nov 20, 2020
Jkt 253001
and the subsequent assessment of
double antidumping duties.
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act and 19 CFR 351.213.
Dated: November 16, 2020.
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. Scope of the Order
V. Selection of Respondents
VI. Single Entity Treatment
VII. Discussion of Methodology
VIII. Recommendation
[FR Doc. 2020–25854 Filed 11–20–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–875]
Fine Denier Polyester Staple Fiber
From India: Preliminary Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily assigned
Reliance Industries Limited (RIL), the
sole respondent subject to this
antidumping duty (AD) administrative
review, an AD margin based upon the
application of total adverse facts
available (AFA). We invite interested
parties to comment on these preliminary
results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Paola Aleman Ordaz, 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) 482–4031.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 9, 2019, Commerce
published a notice initiating an AD
administrative review of fine denier
polyester staple fiber (fine denier PSF)
from India covering Reliance Industries
Limited (RIL) for the period of review
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
January 5, 2018 through June 30, 2019.1
During the course of this administrative
review, Commerce issued, and RIL
submitted responses to, a questionnaire
and multiple supplemental
questionnaires. The petitioners 2 filed
multiple comments on RIL’s responses.
For further details, see the Preliminary
Decision Memorandum.3
On March 18, 2020, Commerce
extended the deadline for issuing the
preliminary results of this review from
to April 1, 2020 to July 30, 2020.4 On
April 24, 2020, and July 21, 2020,
Commerce tolled all deadlines in
administrative reviews by 50 days and
60 days, respectively, thereby extending
the deadline for these preliminary
results until November 17, 2020.5
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.
Scope of the Order
The product covered by this review is
fine denier polyester staple fiber from
India. For a complete description of the
scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). Pursuant to sections 776(a)
and (b) of the Act, Commerce has
preliminarily assigned RIL an AD
margin of 21.43 percent, as total AFA,
because it withheld information
requested for reconciliation purposes,
did not provide accurate control
numbers as requested by Commerce and
in conformity with Commerce’s
instructions, and did not provide
information requested regarding
companies owned by family members.
The total AFA rate of 21.43 percent is
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
47242 (September 9, 2019).
2 The petitioners are DAK Americas LLC, Nan Ya
Plastics Corporation, America, and Auriga Polymers
Inc. (the petitioners).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results in the Antidumping Duty
Administrative Review of Fine Denier Polyester
Staple Fiber from India; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Fine Denier Polyester
Staple Fiber from India: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 18, 2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020; see also Memorandum, ‘‘Tolling of Deadlines
for Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
E:\FR\FM\23NON1.SGM
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Agencies
[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74686-74688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25854]
[[Page 74686]]
-----------------------------------------------------------------------
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 Partial
Rescission; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the exporters under review did not make sales of subject
merchandise at prices below normal value (NV) during the period of
review July 1, 2018 through June 30, 2019. We invite interested parties
to comment on these preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Abdul Alnoor,
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 and (202)
482-4554, 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
1, 2019, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the antidumping duty
(AD) order on xanthan gum from the People's Republic of China
(China).\1\ Commerce published the notice of initiation of this
administrative review on September 9, 2019.\2\ On March 17, 2020,
Commerce extended the deadline for the preliminary results of this
review by a total of 120 days, to July 30, 2020.\3\ On April 24, 2020,
and July 21, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days and 60 days respectively, thereby extending the
deadline for these preliminary results of review until November 17,
2020.\4\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 31295 (July 1, 2019).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242 (September 9, 2019).
\3\ See Memorandum to James Maeder, ``Antidumping Duty
Administrative Review of Xanthan Gum from the People's Republic of
China: Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review,'' dated March 17, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020; see
also Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the order includes dry xanthan gum, whether
or not coated or blended with other products. Xanthan gum is included
in this order regardless of physical form, including, but not limited
to, solutions, slurries, dry powders of any particle size, or unground
fiber.
Merchandise covered by the scope of the order is classified in the
Harmonized Tariff Schedule of the United States at subheading
3913.90.20. This tariff classification is provided for convenience and
customs purposes; however, the written description of the scope is
dispositive. A full description of the scope of the order is contained
in the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See ``Decision Memorandum for the Preliminary Results in the
Sixth 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.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices for the mandatory
respondent Meihua Group International Trading (Hong Kong) Limited,
Langfang Meihua Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid
Co., Ltd. (collectively Meihua) \6\ in accordance with section 772 of
the Act. Because China is a non-market economy (NME) country within the
meaning of section 771(18) of the Act, we calculated NV in accordance
with section 773(c) of the Act.
---------------------------------------------------------------------------
\6\ Consistent with prior segments of this proceeding, we have
continued to treat these companies as a single entity pursuant to 19
CFR 351.401(f)(1)-(2). For additional information, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content. A list of topics included in the Preliminary
Decision Memorandum is provided in the Appendix to this notice.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraws their request(s) within 90 days of
the publication date of the notice of initiation of the requested
review. Between September 15, 2019 and December 9, 2019, parties timely
withdrew their requests for an administrative review of A.H.A.
International Co., Ltd.; Deosen Biochemical (Ordos) Ltd./Deosen
Biochemical Ltd.; Green Health International; Greenhealth International
Co., Ltd. (Hong Kong); Hebei Xinhe Biochemical Co.; Inner Mongolia
Jianlong Biochemical Co., Ltd./Jianlong Biotechnology Co., Ltd.;
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./
Xinjiang Fufeng Biotechnologies Co., Ltd.; and Shanghai Smart Chemicals
Co., Ltd.\7\ Because all requests for reviews of these companies were
timely withdrawn, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the AD order on xanthan gum from China with
respect to these companies.
---------------------------------------------------------------------------
\7\ See Green Health International (GHI) and Green Health
International Co., Ltd. (Hong Kong)'s Letter, ``Xanthan Gum from
China,'' submitted September 15, 2019 (the document is dated July
31, 2019); Petitioner's Letter, ``Xanthan Gum from the People's
Republic of China: Petitioner's Withdrawal of Request for Review of
Deosen Biochemical Ltd/Deosen Biochemical (Ordos) Ltd.,'' dated
September 20, 2019; Deosen's Letter, ``Administrative Review of
Antidumping Order on Xanthan Gum from the People's Republic of
China: Withdrawal of Review Request and Request to Rescind Review,''
dated September 24, 2019; Petitioner's Letter, ``Xanthan Gum from
the People's Republic of China: Petitioner's Rebuttal Comments on
Respondent Selection and Withdrawal of Request for Review of
Jianlong Biotechnology Co., Ltd. and Inner Mongolia Jianlong
Biochemical Co. Ltd.,'' dated September 30, 2019; and Petitioner's
Letter, ``Xanthan Gum from the People's Republic of China:
Petitioner's Partial Withdrawal of Request for Administrative
Review'' dated December 9, 2019.
---------------------------------------------------------------------------
Separate Rates
Commerce preliminary determines that the information placed on the
[[Page 74687]]
record by CP Kelco (Shandong) Biological Company Limited (CP Kelco
Shandong) and Meihua, demonstrates that these companies are entitled to
separate rate status. For additional information, see the Preliminary
Decision Memorandum.
Dumping Margin for Non-Individually Examined Companies Granted a
Separate Rate
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 calculated a zero percent dumping margin for
Meihua, the sole mandatory respondent in this review and have assigned
this rate (i.e., 0.00 percent) to CP Kelco Shandong. For additional
information, see the Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following dumping margin to the firms listed
below for the period July 1, 2018 through June 30, 2019:
------------------------------------------------------------------------
Weighted-
Producers/exporters average dumping
margin (percent)
------------------------------------------------------------------------
Meihua Group International Trading (Hong Kong) Limited/ 0.00
Langfang Meihua Biotechnology Co., Ltd.,/Xinjiang
Meihua Amino Acid Co., Ltd...........................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
CP Kelco (Shandong) Biological Company Limited........ 0.00
------------------------------------------------------------------------
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 seven 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. Case and rebuttal briefs
should be filed using ACCESS.\10\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information.\11\
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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).
\10\ See 19 CFR 351.303.
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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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 will announce the date and time of the hearing. Parties should
confirm by telephone the date and time of the hearing two days before
the scheduled hearing 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 U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\12\ 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 or customer-
specific assessment rates equal to the ratio of the total amount of
dumping calculated for examined sales with a particular importer or
customer to the total entered value of the sales in accordance with 19
CFR 351.212(b)(1).\13\ Where either the respondent's ad valorem
weighted-average dumping margin is zero or de minimis, or an importer-
specific or customer-specific ad valorem assessment rate is zero or de
minimis,\14\ we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.212(b)(1).
\13\ 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).
\14\ See 19 CFR 351.106(c)(2).
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For the respondent that was not selected for individual examination
in this administrative review but which qualified for a separate rate,
the assessment rate will be equal to the weighted-average dumping
margin
[[Page 74688]]
assigned to the respondent in the final results of this review.\15\
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\15\ 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 Preliminary 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 company individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate.
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 the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19
CFR 351.213.
Dated: November 16, 2020.
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. Scope of the Order
V. Selection of Respondents
VI. Single Entity Treatment
VII. Discussion of Methodology
VIII. Recommendation
[FR Doc. 2020-25854 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P