Xanthan Gum From the People's Republic of China: Amended Preliminary Results of the Antidumping Duty Administrative Review; 2017-2018, 49512-49514 [2021-19065]

Download as PDF 49512 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices not know its merchandise was destined for the United States, or for entries associated with the seven companies that had no shipments during the POR, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(-ies) involved in the transaction. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, 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). lotter on DSK11XQN23PROD with NOTICES1 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The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific company listed above will be equal to the weighted-average dumping margin that is established in the final results of this review, (2) for previously investigated companies not listed above, including the companies which Commerce has determined had no shipments in these final results, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the companies participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fairvalue (LTFV) investigation, but the producer is, then the cash deposit rate will be the cash deposit rate established for the most recently completed segment for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 19.50 percent, the all-others rate established in the LTFV investigation.19 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to 19 See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Final Determination of Sales at Less Than Fair Value, 79 FR 76966, 76969 (December 23, 2014). VerDate Sep<11>2014 16:55 Sep 02, 2021 Jkt 253001 liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as the final reminder to parties subject to administrative protective order (APO) 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 return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h). Dated: August 27, 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. Final Determination of No Shipments V. Partial Recission of Administrative Review VI. Changes Since the Preliminary Results VII. Discussion of the Issues Comment 1: Whether Commerce Made a Clerical Error in the Normal Value Calculation in Certain Instances for Certain Control Number (CONNUM) Models Comment 2: Whether to Attribute Certain U.S. sales to ISEC or its Customer Pursuant to the Knowledge Test Comment 3: Whether Commerce Should Collapse ISEC and E–TON into a Single Entity Comment 4: Name Correction for Certain Canadian Solar Companies Comment 5: Whether to Include an Additional Case Number to Liquidation and Cash Deposit Instructions with Respect to URE VIII. Recommendation [FR Doc. 2021–19052 Filed 9–2–21; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–985] Xanthan Gum From the People’s Republic of China: Amended Preliminary Results of the Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily finds that Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, Fufeng) is eligible for separate rate status. The period of review (POR) is July 1, 2017, through June 30, 2018. Interested parties are invited to comment on these amended preliminary results. DATES: Applicable September 3, 2021. FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Thomas Hanna, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3147 or (202) 482–0835, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Pursuant to a series of remand orders and the Court of International Trade’s (CIT) final judgment regarding the underlying less-than-fair-value (LTFV) investigation, Commerce amended its final determination and prior amended final determination in the investigation and amended the Order by excluding merchandise produced and exported by Fufeng from the Order.1 Given this 1 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 E:\FR\FM\03SEN1.SGM 03SEN1 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices exclusion, Commerce discontinued this review with respect to, and did not issue preliminary or final results of review for, Fufeng while awaiting the outcome of the appeals process.2 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.3 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.4 Commerce is now amending the preliminary results of this administrative review by completing the administrative review with respect to Fufeng. In the Third Amended Final Determination, Commerce explained that: . . . 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.5 Accordingly, we have addressed Fufeng’s separate rate status below. lotter on DSK11XQN23PROD with NOTICES1 Scope of the Order The product covered by the Order is dry xanthan gum, whether or not coated or blended with other products, from China (xanthan gum).6 (October 16, 2018) (Discontinuation and Partial Revocation). 2 See Discontinuation and Partial Revocation at 52206; see also Xanthan Gum from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2017– 2018, 84 FR 26813 (June 10, 2019) (Preliminary Results) and accompanying Preliminary Decision Memorandum (June 2019 Preliminary Decision Memorandum) and 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) (Final Results) and accompanying Issues and Decision Memorandum. 3 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). 4 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) (Third Amended Determination). 5 Id. at 40969. 6 For a complete description of the scope of the Order, see Memorandum, ‘‘Xanthan Gum from the People’s Republic of China: Decision Memorandum for the Amended Preliminary Results of the 2017– 2018 Antidumping Duty Administrative Review’’ (Preliminary Decision Memorandum). VerDate Sep<11>2014 16:55 Sep 02, 2021 Jkt 253001 Separate Rate Status Based on the criteria established by Sparklers 7 and Silicon Carbide,8 Commerce preliminarily determines that the information placed on the record by Fufeng demonstrates an absence of de jure and de facto government control over its export activities. Therefore, we have preliminarily granted Fufeng separate rate status. For details regarding our analysis, see the Preliminary Decision Memorandum. Dumping Margin for Non-Individually Examined Respondents Granted Separate Rate Status The statute and Commerce’s regulations do not identify the dumping margin to apply to respondents that are eligible for a separate rate in a nonmarket economy antidumping duty administrative review that were not selected for individual examination. Generally, Commerce looks to section 735(c)(5) of the Tariff Act of 1930, as amended (the Act), which provides instructions for calculating the allothers rate in a market economy antidumping duty investigation, for guidance when determining the dumping margin for respondents that were not individually examined that qualify for a separate rate. Section 735(c)(5)(A) of the Act states that the allothers rate should be calculated by averaging the weighted-average dumping margins determined for individually examined respondents, excluding dumping margins that are zero, de minimis, or based entirely on facts available. Where the dumping margins for the individually examined respondents 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. The dumping margins for both of the individually examined respondents in this review are zero. Therefore, consistent with the dumping margin assigned to the other non-individually examined separate rate recipients in the Final Results of this review, we are preliminarily assigning a dumping margin of zero percent to Fufeng.9 Disclosure and Public Comment Because Commerce did not calculate a weighted-average dumping margin for 7 See Final Determination of Sales at Less Than Fair Value: Sparklers from the People’s Republic of China, 56 FR 20588 (May 6, 1991) (Sparklers). 8 See Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People’s Republic of China, 59 FR 22585 (May 2, 1994) (Silicon Carbide). 9 See Final Results at 64832. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 49513 Fufeng, there are no calculations to disclose to interested parties. Interested parties are invited to comment on these amended preliminary results of review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 21 days after the date of publication of this notice in the Federal Register.10 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the deadline for filing case briefs.11 Parties who submit case briefs or rebuttal briefs should submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.12 Executive summaries should be limited to five pages total, including footnotes.13 Case and rebuttal briefs should be filed using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).14 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.15 Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 21 days of the date of publication of this notice in the Federal Register.16 Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS, by the deadline noted above. If a hearing is requested, Commerce will notify interested parties of the hearing date and time. Requests for a hearing should contain: (1) The requesting party’s name, address, and telephone number; (2) the number of individuals from the requesting party’s firm that will attend the hearing; and (3) a list of the issues the party intends to discuss at the hearing. Issues raised in the hearing are limited to those issues raised in the party’s case and rebuttal briefs. Unless we extend the deadline for the amended final results of this review, we intend to issue the amended final results of this administrative review, including the results of our analysis of 10 Commerce has exercised its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for submission of case briefs. 11 See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 12 See 19 CFR 351.309(c)(2) and (d)(2). 13 Id. 14 See 19 CFR 351.303. 15 See Temporary Rule. 16 Commerce has exercised its discretion under 19 CFR 351.310(c) to alter the time limit for requesting a hearing. E:\FR\FM\03SEN1.SGM 03SEN1 49514 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices issues raised by the parties in their briefs, within 120 days of the date of publication of this notice in the Federal Register.17 Dated: August 30, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Assessment Rates [FR Doc. 2021–19065 Filed 9–2–21; 8:45 am] Upon issuance of the amended final results of review, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by the amended final results of review.18 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the amended final results of this review in the Federal Register.19 If a timely summons is filed at the U.S. Court of International Trade, 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). Cash Deposit Requirements The cash deposit rate for Fufeng will be equal to the dumping margin established for Fufeng in the amended final results of this review (if the dumping margin is zero or de minimis, then a cash deposit rate of zero will be required). For information regarding the cash deposit requirements established for other companies in this segment of the proceeding, see the Final Results. This cash deposit requirement, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/ or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Notification to Interest Parties lotter on DSK11XQN23PROD with NOTICES1 These amended preliminary results of administrative review are issued and published in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.213(h)(1). 17 See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h)(1). 18 See 19 CFR 351.212(b)(1). 19 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). VerDate Sep<11>2014 16:55 Sep 02, 2021 Jkt 253001 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–902] Organic Soybean Meal from India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of organic soybean meal from India. The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES: Applicable September 3, 2021. FOR FURTHER INFORMATION CONTACT: Lauren Caserta, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4737. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 27, 2021.1 On June 3, 2021, Commerce postponed the preliminary determination of this investigation and the revised deadline is now August 30, 2021.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics 1 See Organic Soybean Meal from India: Initiation of Countervailing Duty Investigation, 86 FR 22136 (April 27, 2021) (Initiation Notice). 2 See Organic Soybean Meal from India: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 86 FR 29742 (June 3, 2021). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Countervailing Duty Investigation of Organic Soybean Meal from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. Scope of the Investigation The product covered by this investigation is organic soybean meal from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.7 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See sections 776(a) and (b) of the Act. E:\FR\FM\03SEN1.SGM 03SEN1

Agencies

[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49512-49514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19065]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Amended 
Preliminary Results of the Antidumping Duty Administrative Review; 
2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng 
Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./
Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, Fufeng) is 
eligible for separate rate status. The period of review (POR) is July 
1, 2017, through June 30, 2018. Interested parties are invited to 
comment on these amended preliminary results.

DATES: Applicable September 3, 2021.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Thomas Hanna, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3147 or (202) 
482-0835, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to a series of remand orders and the Court of 
International Trade's (CIT) final judgment regarding the underlying 
less-than-fair-value (LTFV) investigation, Commerce amended its final 
determination and prior amended final determination in the 
investigation and amended the Order by excluding merchandise produced 
and exported by Fufeng from the Order.\1\ Given this

[[Page 49513]]

exclusion, Commerce discontinued this review with respect to, and did 
not issue preliminary or final results of review for, Fufeng while 
awaiting the outcome of the appeals process.\2\ 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.\3\ 
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.\4\ Commerce is now amending the preliminary results 
of this administrative review by completing the administrative review 
with respect to Fufeng.
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    \1\ 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) (Discontinuation and 
Partial Revocation).
    \2\ See Discontinuation and Partial Revocation at 52206; see 
also Xanthan Gum from the People's Republic of China: Preliminary 
Results of the Antidumping Duty Administrative Review, and 
Preliminary Determination of No Shipments; 2017-2018, 84 FR 26813 
(June 10, 2019) (Preliminary Results) and accompanying Preliminary 
Decision Memorandum (June 2019 Preliminary Decision Memorandum) and 
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) (Final 
Results) and accompanying Issues and Decision Memorandum.
    \3\ 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).
    \4\ 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) (Third Amended Determination).
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    In the Third Amended Final Determination, Commerce explained that:

. . . 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.\5\
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    \5\ Id. at 40969.

    Accordingly, we have addressed Fufeng's separate rate status below.

Scope of the Order

    The product covered by the Order is dry xanthan gum, whether or not 
coated or blended with other products, from China (xanthan gum).\6\
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    \6\ For a complete description of the scope of the Order, see 
Memorandum, ``Xanthan Gum from the People's Republic of China: 
Decision Memorandum for the Amended Preliminary Results of the 2017-
2018 Antidumping Duty Administrative Review'' (Preliminary Decision 
Memorandum).
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Separate Rate Status

    Based on the criteria established by Sparklers \7\ and Silicon 
Carbide,\8\ Commerce preliminarily determines that the information 
placed on the record by Fufeng demonstrates an absence of de jure and 
de facto government control over its export activities. Therefore, we 
have preliminarily granted Fufeng separate rate status. For details 
regarding our analysis, see the Preliminary Decision Memorandum.
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    \7\ See Final Determination of Sales at Less Than Fair Value: 
Sparklers from the People's Republic of China, 56 FR 20588 (May 6, 
1991) (Sparklers).
    \8\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Silicon Carbide from the People's Republic of China, 59 FR 
22585 (May 2, 1994) (Silicon Carbide).
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Dumping Margin for Non-Individually Examined Respondents Granted 
Separate Rate Status

    The statute and Commerce's regulations do not identify the dumping 
margin to apply to respondents that are eligible for a separate rate in 
a non-market economy antidumping duty administrative review that were 
not selected for individual examination. Generally, Commerce looks to 
section 735(c)(5) of the Tariff Act of 1930, as amended (the Act), 
which provides instructions for calculating the all-others rate in a 
market economy antidumping duty investigation, for guidance when 
determining the dumping margin for respondents that were not 
individually examined that qualify for a separate rate. Section 
735(c)(5)(A) of the Act states that the all-others rate should be 
calculated by averaging the weighted-average dumping margins determined 
for individually examined respondents, excluding dumping margins that 
are zero, de minimis, or based entirely on facts available. Where the 
dumping margins for the individually examined respondents 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. The dumping margins for both of the 
individually examined respondents in this review are zero. Therefore, 
consistent with the dumping margin assigned to the other non-
individually examined separate rate recipients in the Final Results of 
this review, we are preliminarily assigning a dumping margin of zero 
percent to Fufeng.\9\
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    \9\ See Final Results at 64832.
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Disclosure and Public Comment

    Because Commerce did not calculate a weighted-average dumping 
margin for Fufeng, there are no calculations to disclose to interested 
parties.
    Interested parties are invited to comment on these amended 
preliminary results of review. Pursuant to 19 CFR 351.309(c)(1)(ii), 
interested parties may submit case briefs no later than 21 days after 
the date of publication of this notice in the Federal Register.\10\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the deadline for filing case 
briefs.\11\ Parties who submit case briefs or rebuttal briefs should 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\12\ Executive 
summaries should be limited to five pages total, including 
footnotes.\13\ Case and rebuttal briefs should be filed using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\14\ Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information until further 
notice.\15\
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    \10\ Commerce has exercised its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for submission of case 
briefs.
    \11\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ Id.
    \14\ See 19 CFR 351.303.
    \15\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 21 days of the date of publication of this notice in the 
Federal Register.\16\ Interested parties who wish to request a hearing 
must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, filed electronically via ACCESS, by the 
deadline noted above. If a hearing is requested, Commerce will notify 
interested parties of the hearing date and time. Requests for a hearing 
should contain: (1) The requesting party's name, address, and telephone 
number; (2) the number of individuals from the requesting party's firm 
that will attend the hearing; and (3) a list of the issues the party 
intends to discuss at the hearing. Issues raised in the hearing are 
limited to those issues raised in the party's case and rebuttal briefs.
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    \16\ Commerce has exercised its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
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    Unless we extend the deadline for the amended final results of this 
review, we intend to issue the amended final results of this 
administrative review, including the results of our analysis of

[[Page 49514]]

issues raised by the parties in their briefs, within 120 days of the 
date of publication of this notice in the Federal Register.\17\
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    \17\ See section 751(a)(3)(A) of the Act; and 19 CFR 
351.213(h)(1).
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Assessment Rates

    Upon issuance of the amended final results of review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by the amended final results of review.\18\ Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of the amended final results of this 
review in the Federal Register.\19\ If a timely summons is filed at the 
U.S. Court of International Trade, 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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    \18\ See 19 CFR 351.212(b)(1).
    \19\ 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 cash deposit rate for Fufeng will be equal to the dumping 
margin established for Fufeng in the amended final results of this 
review (if the dumping margin is zero or de minimis, then a cash 
deposit rate of zero will be required). For information regarding the 
cash deposit requirements established for other companies in this 
segment of the proceeding, see the Final Results.
    This cash deposit requirement, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interest Parties

    These amended preliminary results of administrative review are 
issued and published in accordance with sections 751(a)(l) and 
777(i)(l) of the Act, and 19 CFR 351.213(h)(1).

    Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-19065 Filed 9-2-21; 8:45 am]
BILLING CODE 3510-DS-P