Xanthan Gum From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2016-2017, 26905-26907 [2021-10437]
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Notices
proprietary information, until further
notice.13
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no later than 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), unless this
deadline is extended.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213 and 19 CFR
351.221(b)(4).
Dated: May 12, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and
Application of Adverse Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2021–10441 Filed 5–17–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–850]
Thermal Paper From Germany:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances in Part,
Postponement of Final Determination,
and Extension of Provisional
Measures; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) published notice in the
Federal Register of May 12, 2021, in
which Commerce made a preliminary
affirmative determination of sales at less
than fair value (LTFV) of thermal paper
from Germany. This notice failed to
include language regarding the
suspension of liquidation for
Papierfabrik August Koehler SE
(Koehler) during the critical
circumstances period.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
13 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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DATES:
Applicable May 12, 2021.
FOR FURTHER INFORMATION CONTACT:
David Goldberger, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4136.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of May 12,
2021, in FR Doc 2021–09965, on page
26002, in the second column, correct
the ‘‘Suspension of Liquidation’’ section
to add the following second and third
paragraphs which had been omitted:
Section 733(e)(2) of the Tariff Act of
1930, as amended (the Act), provides
that, given an affirmative determination
of critical circumstances, the suspension
of liquidation shall apply to
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of: (a) The date which is
90 days before the date on which the
suspension of liquidation was first
ordered; or (b) the date on which notice
of initiation of the investigation was
published. As noted above, Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced and
exported by Koehler. In accordance with
section 733(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
unliquidated entries of shipments of
thermal paper from Germany that were
produced and/or exported by Koehler
that are entered, or withdrawn from
warehouse, for consumption on or after
February 11, 2021, which is 90 days
before the publication date of the
Preliminary Determination in the
Federal Register.
These suspension of liquidation
instructions will remain in effect until
further notice.
Background
On May 12, 2021, Commerce
published in the Federal Register a
preliminary affirmative determination of
sales at LTFV of thermal paper from
Germany.1 This notice failed to include
language regarding the suspension of
liquidation for Koehler during the
critical circumstances period.
Notification to Interested Parties
This notice serves as a correction and
is published in accordance with
1 See Thermal Paper from Germany: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination
of Critical Circumstances in Part, Postponement of
Final Determination, and Extension of Provisional
Measures, 86 FR 26001 (May 12, 2021).
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26905
sections 773(f) and 777(i)(1) of the Act
and 19 CFR 351.205(c).
Dated: May 12, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–10438 Filed 5–17–21; 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: Amended Final
Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the final
results of the administrative review of
the antidumping duty order on xanthan
gum from the People’s Republic of
China (China) covering the period, July
1, 2016, through June 30, 2017, to
include results with respect to
Neimenggu Fufeng Biotechnologies Co.,
Ltd. (a.k.a. Inner Mongolia Fufeng
Biotechnologies Co., Ltd.)/Shandong
Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd.
(collectively, Fufeng).
DATES: Applicable May 18, 2021.
FOR FURTHER INFORMATION CONTACT:
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) 482–0835.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results of this review on August 14,
2018.1 On September 21, 2018, Fufeng,2
a mandatory respondent, and Tate and
Lyle, a U.S. importer, filed case briefs.3
1 See Xanthan Gum from the People’s Republic of
China: Preliminary Results of the Antidumping
Duty Administrative Review, and Preliminary
Determination of No Shipments; 2016–2017, 83 FR
40229 (August 14, 2018) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 Fufeng refers to the collapsed entity Neimenggu
Fufeng Biotechnologies Co., Ltd. (aka Inner
Mongolia Fufeng Biotechnologies Co., Ltd.) and
Shandong Fufeng Fermentation, Co., Ltd.
(collectively, Fufeng).
3 See Fufeng’s Letter, ‘‘Fufeng Case Brief in the
Fourth Administrative Review of Antidumping
Duty Order on Xanthan Gum from the People’s
Republic of China (A–570–985),’’ dated September
20, 2018; see also Tate and Lyle’s Letter, ‘‘Xanthan
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18MYN1
26906
Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Notices
No other interested parties filed
comments on the Preliminary Results of
review.
Pursuant to a series of remand orders
and the Court of International Trade
(CIT)’s final judgment regarding the
underlying less-than-fair-value (LTFV)
investigation, Commerce amended its
final determination and prior amended
final determination and Order and
excluded merchandise produced and
exported by Fufeng from the Order.4
Accordingly, on December 19, 2018,
Commerce published the Final Results
of this review, in which it discontinued
the review of Fufeng during the
pendency of the appeals process.5
On February 10, 2020, the Court of
Appeals for the Federal Circuit (CAFC)
reversed the CIT’s decision that resulted
in the exclusion of Fufeng from the
Order.6 Accordingly, Commerce issued
a third amended final determination in
the LTFV investigation of xanthan gum
from China, in which it found Fufeng
subject to the Order and announced its
intention to resume the instant review
of Fufeng.7 Commerce is now amending
its final results of this administrative
review by completing the administrative
review with respect to Fufeng.
Scope of the Order
The scope of the Order covers dry
xanthan gum, whether or not coated or
blended with other products. Further,
xanthan gum is included in the 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.
Although this tariff classification is
provided for convenience and customs
purposes, the written description of the
scope remains dispositive. 8
Analysis of Comments Received
All issues raised in Fufeng’s case brief
are addressed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice. We have included a list
of sections in the Issues and Decision
Memorandum in the appendix to this
notice. 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/inidex.html.
Changes Since the Preliminary Results
We corrected certain ministerial
errors and made other changes to our
preliminary dumping margin
calculations.
Amended Final Results of Review
We are assigning the following
calculated weighted-average dumping
margin to the firm listed below for the
period July 1, 2016, through June 30,
2017:
Weightedaverage
dumping
margin
(percent)
Producer or exporter
Neimenggu Fufeng Biotechnologies Co., Ltd. (a.k.a. Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd ........................................................................................................................
statutory injunction has expired (i.e.,
within 90 days of publication).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1), we
intend to instruct U.S. Customs and
Border Protection (CBP) to liquidate
POR entries of subject merchandise
from Fufeng without regard to
antidumping duties. For entries that
were not reported in the U.S. sales
database submitted by Fufeng, but that
were entered under Fufeng’s case
number (i.e., at Fufeng’s cash deposit
rate), Commerce will instruct CBP to
liquidate such entries at the China-wide
rate (i.e., 154.07 percent).
Consistent with its recent notice,9
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of
these amended final results of this
review in the Federal Register. If a
timely summons is filed at the CIT, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
Gum from China—Tate and Lyle Case Brief,’’ dated
September 20, 2018.
4 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) (Order); see also CP
Kelco US, Inc. v. United States, Ct. No. 13–00288,
Slip Op. 15–27 (CIT March 31, 2015); CP Kelco US,
Inc. v. United States, Ct. No. 13–00288, Slip Op.
16–36 (CIT April 8, 2016); CP Kelco US, Inc. v.
United States, 211 F. Supp. 3d 1338 (CIT 2017); CP
Kelco US, Inc. v. United States, Ct. No. 13–00288,
Slip Op. 18–36 (CIT April 5, 2018); CP Kelco US,
Inc. v. United States, Ct. No. 13–00288, Slip Op.
18–120 (CIT September 17, 2018); and 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).
5 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) (Final Results), and
accompanying Issues and Decision Memorandum.
6 See CP Kelco US, Inc. v. United States,
Neimenggu Fufeng Biotechnologies Co., Ltd.,
Shandong Fufeng Fermentation Co., Ltd., 949 F.3d
1348 (Fed. Cir. 2020).
7 See Xanthan Gum from the People’s Republic of
China: Notice of Third Amended Final
Determination Pursuant to Court Decision, 85 FR
40967 (July 8, 2020).
8 For the full text of the scope of the Order, see
the accompanying Issues and Decision
Memorandum.
9 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
Disclosure
Commerce intends to disclose to the
parties to the proceeding the
calculations that it performed for these
amended final results of review within
five days of the date of publication of
this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
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Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of these amended final
results of this review, as provided for by
section 751(a)(2)(C) of the Act: (1) For
Fufeng, the cash deposit rate will be the
weighted-average dumping margin
percentage that is listed in the table
above; (2) for previously investigated or
reviewed China and non-China
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Notices
exporters not listed in the table above
that have a separate rate, the cash
deposit rate will continue to be the
existing exporter-specific rate published
for the most recent period; (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 previously established
for the China-wide entity, which is
154.07 percent; and (4) for all non-China
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-China exporter. The
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
V. Discussion of the Issues
Comment 1: Ministerial Errors in the
Margin Calculation
Comment 2: Ministerial Errors in the
Liquidation Instructions
Comment 3: Surrogate Value for Sodium
Hypochlorite
Comment 4: Value Added Tax Deduction
VI. Recommendation
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursemet of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
AGENCY:
Notification Regarding Administrative
Protective Orders (APOs)
This notice also serves as a reminder
to parties subject to APOs of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing this
notice of amended final results of
administrative review in accordance
with sections 751(a)(1) and 777(i) of the
Act ad 19 CFR 351.221(b)(5).
jbell on DSKJLSW7X2PROD with NOTICES
Dated: May 10, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Sections in the
Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results of
Review
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[FR Doc. 2021–10437 Filed 5–17–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Request for Applicants for the
Appointment to the United States-India
CEO Forum
International Trade
Administration, Department of
Commerce.
ACTION: Notice.
This notice announces
membership opportunities for
appointment, or reappointment, to the
U.S. Section of the U.S.-India CEO
Forum.
SUMMARY:
Applications should be received
no later than 45 days after publication
of this Notice.
ADDRESSES: Please send requests for
consideration to Noor Sclafani at the
Office of South Asia, U.S. Department of
Commerce, by email at noor.sclafani@
trade.gov.
DATES:
FOR FURTHER INFORMATION CONTACT:
Noor Sclafani, International Trade
Specialist, Office of South Asia, U.S.
Department of Commerce, telephone:
(202) 823–1840.
SUPPLEMENTARY INFORMATION:
Established in 2005, the U.S.-India CEO
Forum brings together leaders of the
respective business communities of the
United States and India to discuss
issues of mutual interest, particularly
ways to strengthen the economic and
commercial ties between the two
countries, and to communicate their
joint recommendations to the U.S. and
Indian governments.
The Forum will have U.S. and Indian
public and private sector co-chairs. The
Secretary of Commerce will serve as the
U.S. Government chair. Other senior
U.S. Government officials may also
participate in the Forum.
The Forum also includes U.S. and
Indian private sector members, who will
be divided into two sections. The U.S.
Section will consist of up to 20
members representing the views and
interests of the private sector business
community in the United States. Each
government will appoint the members
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26907
to its respective Section. The Secretary
of Commerce will appoint the U.S.
Section and the U.S. Section’s private
sector co-chair. The Forum will allow
the private sector to develop and
provide recommendations to the two
governments that reflect private sector
views, needs, concerns, and suggestions
about the creation of an environment in
which their respective private sectors
can partner, thrive, and enhance
bilateral commercial ties to expand
trade and economic links between the
United States and India. The Forum will
work in tandem with, and provide input
to, the government-to-government U.S.India Commercial Dialogue.
Candidates are currently being sought
for membership in the U.S. Section.
Each candidate must be the Chief
Executive Officer or President (or have
a comparable level of responsibility) of
a U.S.-owned or controlled company
that is incorporated in and has its main
headquarters located in the United
States and is currently conducting
business in both countries. Candidates
must be U.S. citizens or otherwise
legally authorized to work in the United
States and be generally able to travel to
India and locations in the United States
to attend Forum meetings as well as
U.S. Section meetings. Travel and inperson activities are contingent upon
the safety and health conditions in the
United States and India. Should safety
or health conditions not be appropriate
for travel and/or in-person activities, the
meeting may be postponed or a virtual
meeting may be scheduled instead. The
candidate may not be a registered
foreign agent under the Foreign Agents
Registration Act of 1938, as amended.
Applications for membership in the
U.S. Section by eligible individuals will
be evaluated based on the following
criteria:
• A demonstrated commitment by the
individual’s company to the Indian
market either through exports or
investment.
• A demonstrated strong interest in
India and its economic development.
• The ability to offer a broad
perspective and business experience to
the discussions.
• The ability to address cross-cutting
issues that affect the entire business
community.
• The ability to initiate and be
responsible for activities in which the
Forum will be active.
• If applicable, prior work by the
applicant on the U.S. Section of the
Forum.
The evaluation of applications for
membership in the U.S. Section will be
undertaken by a committee of staff from
multiple U.S. Government agencies. The
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]]>Agencies
[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26905-26907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10437]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Amended Final
Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the administrative review of the antidumping duty order on
xanthan gum from the People's Republic of China (China) covering the
period, July 1, 2016, through June 30, 2017, to include results with
respect to Neimenggu Fufeng Biotechnologies Co., Ltd. (a.k.a. Inner
Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation
Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively,
Fufeng).
DATES: Applicable May 18, 2021.
FOR FURTHER INFORMATION CONTACT: 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) 482-0835.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on August
14, 2018.\1\ On September 21, 2018, Fufeng,\2\ a mandatory respondent,
and Tate and Lyle, a U.S. importer, filed case briefs.\3\
[[Page 26906]]
No other interested parties filed comments on the Preliminary Results
of review.
---------------------------------------------------------------------------
\1\ See Xanthan Gum from the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review,
and Preliminary Determination of No Shipments; 2016-2017, 83 FR
40229 (August 14, 2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ Fufeng refers to the collapsed entity Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies
Co., Ltd.) and Shandong Fufeng Fermentation, Co., Ltd.
(collectively, Fufeng).
\3\ See Fufeng's Letter, ``Fufeng Case Brief in the Fourth
Administrative Review of Antidumping Duty Order on Xanthan Gum from
the People's Republic of China (A-570-985),'' dated September 20,
2018; see also Tate and Lyle's Letter, ``Xanthan Gum from China--
Tate and Lyle Case Brief,'' dated September 20, 2018.
---------------------------------------------------------------------------
Pursuant to a series of remand orders and the Court of
International Trade (CIT)'s final judgment regarding the underlying
less-than-fair-value (LTFV) investigation, Commerce amended its final
determination and prior amended final determination and Order and
excluded merchandise produced and exported by Fufeng from the Order.\4\
Accordingly, on December 19, 2018, Commerce published the Final Results
of this review, in which it discontinued the review of Fufeng during
the pendency of the appeals process.\5\
---------------------------------------------------------------------------
\4\ 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) (Order); see also CP Kelco
US, Inc. v. United States, Ct. No. 13-00288, Slip Op. 15-27 (CIT
March 31, 2015); CP Kelco US, Inc. v. United States, Ct. No. 13-
00288, Slip Op. 16-36 (CIT April 8, 2016); CP Kelco US, Inc. v.
United States, 211 F. Supp. 3d 1338 (CIT 2017); CP Kelco US, Inc. v.
United States, Ct. No. 13-00288, Slip Op. 18-36 (CIT April 5, 2018);
CP Kelco US, Inc. v. United States, Ct. No. 13-00288, Slip Op. 18-
120 (CIT September 17, 2018); and 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).
\5\ 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) (Final Results), and accompanying Issues and
Decision Memorandum.
---------------------------------------------------------------------------
On February 10, 2020, the Court of Appeals for the Federal Circuit
(CAFC) reversed the CIT's decision that resulted in the exclusion of
Fufeng from the Order.\6\ Accordingly, Commerce issued a third amended
final determination in the LTFV investigation of xanthan gum from
China, in which it found Fufeng subject to the Order and announced its
intention to resume the instant review of Fufeng.\7\ Commerce is now
amending its final results of this administrative review by completing
the administrative review with respect to Fufeng.
---------------------------------------------------------------------------
\6\ See CP Kelco US, Inc. v. United States, Neimenggu Fufeng
Biotechnologies Co., Ltd., Shandong Fufeng Fermentation Co., Ltd.,
949 F.3d 1348 (Fed. Cir. 2020).
\7\ See Xanthan Gum from the People's Republic of China: Notice
of Third Amended Final Determination Pursuant to Court Decision, 85
FR 40967 (July 8, 2020).
---------------------------------------------------------------------------
Scope of the Order
The scope of the Order covers dry xanthan gum, whether or not
coated or blended with other products. Further, xanthan gum is included
in the 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. Although this tariff classification is provided for
convenience and customs purposes, the written description of the scope
remains dispositive. \8\
---------------------------------------------------------------------------
\8\ For the full text of the scope of the Order, see the
accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in Fufeng's case brief are addressed in the
Issues and Decision Memorandum, which is hereby adopted by this notice.
We have included a list of sections in the Issues and Decision
Memorandum in the appendix to this notice. 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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/inidex.html.
Changes Since the Preliminary Results
We corrected certain ministerial errors and made other changes to
our preliminary dumping margin calculations.
Amended Final Results of Review
We are assigning the following calculated weighted-average dumping
margin to the firm listed below for the period July 1, 2016, through
June 30, 2017:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Neimenggu Fufeng Biotechnologies Co., Ltd. (a.k.a. Inner 0.00
Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng
Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies
Co., Ltd..................................................
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Disclosure
Commerce intends to disclose to the parties to the proceeding the
calculations that it performed for these amended final results of
review within five days of the date of publication of this notice in
the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), we intend to instruct U.S. Customs and Border Protection
(CBP) to liquidate POR entries of subject merchandise from Fufeng
without regard to antidumping duties. For entries that were not
reported in the U.S. sales database submitted by Fufeng, but that were
entered under Fufeng's case number (i.e., at Fufeng's cash deposit
rate), Commerce will instruct CBP to liquidate such entries at the
China-wide rate (i.e., 154.07 percent).
Consistent with its recent notice,\9\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of these amended final results of this review in the
Federal Register. If a timely summons is filed at the CIT, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
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\9\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of these
amended final results of this review, as provided for by section
751(a)(2)(C) of the Act: (1) For Fufeng, the cash deposit rate will be
the weighted-average dumping margin percentage that is listed in the
table above; (2) for previously investigated or reviewed China and non-
China
[[Page 26907]]
exporters not listed in the table above that have a separate rate, the
cash deposit rate will continue to be the existing exporter-specific
rate published for the most recent period; (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 previously
established for the China-wide entity, which is 154.07 percent; and (4)
for all non-China exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the China exporter that supplied that non-China exporter.
The cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursemet of
antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification Regarding Administrative Protective Orders (APOs)
This notice also serves as a reminder to parties subject to APOs of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing this notice of amended final results
of administrative review in accordance with sections 751(a)(1) and
777(i) of the Act ad 19 CFR 351.221(b)(5).
Dated: May 10, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Sections in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results of Review
V. Discussion of the Issues
Comment 1: Ministerial Errors in the Margin Calculation
Comment 2: Ministerial Errors in the Liquidation Instructions
Comment 3: Surrogate Value for Sodium Hypochlorite
Comment 4: Value Added Tax Deduction
VI. Recommendation
[FR Doc. 2021-10437 Filed 5-17-21; 8:45 am]
BILLING CODE 3510-DS-P
