Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020, 7104-7106 [2022-02557]
Download as PDF
<![CDATA[
7104
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
submitting factual information in this
investigation.38
DEPARTMENT OF COMMERCE
International Trade Administration
Certification Requirements
[A–570–985]
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.39
Parties must use the certification
formats provided in 19 CFR
351.303(g).40 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: February 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this
investigation is barium chloride, a chemical
compound having the formulas BaCl2 or
BaCl2-2H2O, currently classifiable under
subheading 2827.39.4500 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading
is provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
[FR Doc. 2022–02558 Filed 2–7–22; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
38 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
39 See section 782(b) of the Act.
40 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
16:16 Feb 07, 2022
Jkt 256001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that except for
one respondent for which Commerce
calculated a zero percent dumping
margin, the other companies subject to
this administrative review either made
sales of subject merchandise at prices
below normal value (NV) during the
period of review (POR) July 1, 2019,
through June 30, 2020, did not ship
subject merchandise to the United
States during the POR, or were not
entitled to a separate rate.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT:
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) 482–4554.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 5, 2021, Commerce
published the Preliminary Results and
invited interested parties to comment.1
For details regarding the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.2 Commerce conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 3
The scope of the Order covers dry
xanthan gum, whether or not coated or
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
Xanthan Gum From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2019–2020
1 See Xanthan Gum from the People’s Republic of
China: Preliminary Results of the Antidumping
Duty Administrative Review, Partial Rescission of
the Antidumping Duty Administrative Review, and
Preliminary Determination of No Shipments; 2019–
2020, 86 FR 42781 (August 5, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum ‘‘Issues and Decision
Memorandum for the Final Results of the 2019–
2020 Antidumping Duty Administrative Review of
Xanthan Gum from the People’s Republic of
China,’’ (Issues and Decision Memorandum), dated
concurrently with, and hereby adopted by, this
notice.
3 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).
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
blended with other products. For a full
description of the scope, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised and
to which we responded in the Issues
and Decision Memorandum is attached
to this notice as an appendix. 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that Shanghai Smart
Chemicals Co., Ltd. did not have
shipments of subject merchandise
during the POR. As we received no
information to contradict our
preliminary determination with respect
to this company, we continue to find
that it made no shipments of subject
merchandise to the United States during
the POR.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we corrected certain ministerial
errors in the calculation of Fufeng’s,4
one of the mandatory respondents,
weighted-average dumping margin. For
a discussion of these changes, see the
Issues and Decision Memorandum.
Separate Rates
No parties commented on our
preliminary separate rate findings.
Therefore, we have continued to grant
Meihua 5 and Fufeng (the mandatory
respondents), and two other companies/
company groups listed in the ‘‘Final
Results of Review’’ section below
separate rate status. However, we have
continued to deny separate rate status to
4 Fufeng refers to a single entity, which includes:
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka
Inner Mongolia Fufeng Biotechnologies Co., Ltd.);
Shandong Fufeng Fermentation Co., Ltd.; and
Xinjiang Fufeng Biotechnologies Co., Ltd.
(collectively, Fufeng).
5 Meihua refers to a single entity, which includes:
Meihua Group International Trading (Hong Kong)
Limited; Langfang Meihua Biotechnology Co., Ltd.;
and Xinjiang Meihua Amino Acid Co., Ltd.
(collectively, Meihua).
E:\FR\FM\08FEN1.SGM
08FEN1
7105
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
A.H.A. International Co., Ltd., Hebei
Xinhe Biochemical Co., Ltd.,
Greenhealth International Co., Ltd.
(Hong Kong), and Nanotech Solutions
SDN BHD.
Rate for Non-Examined Separate Rate
Respondents
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. When the rates for
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 calculated a zero percent dumping
margin for one of the mandatory
respondents in this review, Fufeng, and
we based the other mandatory
respondent, Meihua’s, dumping margin
on total AFA. Therefore, we assigned
the separate rate respondents a dumping
margin equal to the simple average of
the dumping margins for Fufeng and
Meihua, consistent with the guidance in
section 735(c)(5)(B) of the Act.6
Final Results of Review
We are assigning the following
dumping margins to the firms listed
below for the period July 1, 2019,
through June 30, 2020:
Weighted-average
dumping margins
(percentage)
Exporter
Meihua Group International Trading (Hong Kong) Limited/Langfang Meihua Biotechnology Co., Ltd./Xinjiang Meihua Amino
Acid Co., Ltd ............................................................................................................................................................................
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd ................................................................................................
154.07
0.00
Review-Specific Average Rate Applicable to the Following Companies:
Jianlong Biotechnology Co., Ltd. (formerly, Inner Mongolia Jianlong Biochemical Co., Ltd) .....................................................
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical Ltd .......................................................................................................
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise covered
by the final results of this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication date 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).
Where the respondent’s weightedaverage dumping margin is zero or de
minimis, or where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.7 For entries that
were not reported in the U.S. sales
database submitted by an exporter
individually examined during this
review, but that entered under the case
number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), Commerce will instruct
CBP to liquidate such entries at the
China-wide rate (i.e., 154.07 percent).8
For any individually-examined
respondent whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), we will calculate
importer-specific assessment rates on
the basis of the ratio of the total amount
of antidumping duties calculated for
each importer’s examined sales and the
total entered value of the sales, in
accordance with 19 CFR 351.212(b)(1).9
For respondents not individually
examined in this administrative review
that qualified for a separate rate, the
assessment rate will be equal to the
simple average of the dumping margins
assigned to the mandatory respondents
in the final results of this review.
6 See Issues and Decision Memorandum for the
discussion of this issue.
7 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
8 See Order, 78 FR at 43144.
Disclosure
Pursuant to 19 CFR 351.224(b), within
five days of the publication this Federal
Register notice, we will disclose to the
parties to this proceeding, the
calculations that we performed for these
final results of review.
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rates
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
77.04
77.04
For the respondents not eligible for a
separate rate and that are part of the
China-wide entity, we intend to instruct
CBP to apply an ad valorem assessment
rate of 154.07 percent (i.e., the Chinawide entity rate) to all entries of subject
merchandise during the POR that were
exported by these companies.
Additionally, if Commerce determines
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number will
be liquidated at the China-wide rate.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
review, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed in the table above, the
cash deposit rate will be the rate
established in the final results of review
that is listed for the exporter in the
table; (2) for previously investigated or
reviewed China and non-China
exporters not listed in the table above
9 Id.
E:\FR\FM\08FEN1.SGM
08FEN1
7106
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
that have separate rates, 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 also 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 liquidation
of the relevant entries during this POR.
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.
Notification Regarding Administrative
Protective Order (APO)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, 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 these final results of
administrative review and publishing
this notice in accordance with sections
751(a)(1) and 777(i) of the Act.
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: January 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
Comment 1: The Separate Rate
Comment 2: No Shipments for Deosen
Biochemical Ltd.
Comment 3: Ministerial Errors in the
Calculation of Fufeng’s Margin
Comment 4: Total Adverse Facts Available
(AFA) for Meihua
VI. Recommendation
[FR Doc. 2022–02557 Filed 2–7–22; 8:45 am]
BILLING CODE 3510–DS–P
Steel Corporation, California Steel
Industries, and Steel Dynamics, Inc.
(collectively, the petitioners), Yieh Phui,
and Prosperity.3 We received rebuttal
briefs from Yieh Phui and the
petitioners.4 On November 19, 2021, we
extended the deadline for the final
results of this review to February 2,
2022.5 A complete summary of the
events that occurred since publication
of the Preliminary Results is found in
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–856]
Certain Corrosion-Resistant Steel
Products From Taiwan: Final Results
of the Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers/
exporters subject to this review made
sales of subject merchandise at less than
normal value (NV) during the period of
review (POR) July 1, 2019, through June
30, 2020. We further determine that
Synn Co., Ltd. (Synn) had no shipments
of subject merchandise during the POR.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Kate
Sliney or Matthew Palmer, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2437 or (202) 482–1678,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 6, 2021, Commerce
published the Preliminary Results for
this administrative review.1 We invited
interested parties to comment on the
Preliminary Results. This review covers
two mandatory respondents: Prosperity
Tieh Enterprise Co., Ltd. (Prosperity)
and Yieh Phui Enterprise Co., Ltd. (Yieh
Phui).2 We received case briefs from AK
1 See Certain Corrosion-Resistant Steel Products
from Taiwan: Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019–
2020, 86 FR 43185 (August 6, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 In the less-than-fair-value (LTFV) investigation
of the AD order, we collapsed Prosperity, Yieh
Phui, and Synn and treated them as a single entity.
See Certain Corrosion-Resistant Steel Products from
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
Taiwan: Final Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, in Part, 81 FR 35313 (June
2, 2016), and accompanying Issues and Decision
Memorandum at Comment 3 (Taiwan CORE LTFV
Final), unchanged in Certain Corrosion-Resistant
Steel Products from India, Italy, the People’s
Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 82 FR 48390 (July 25,
2016) (Order). In the first administrative review, we
determined to no longer collapse Prosperity with
YP and Synn, but we continued to collapse YP and
Synn and treated them as a single entity. See
Certain Corrosion-Resistant Steel Products from
Taiwan: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 39679 (August 10, 2018), unchanged
in Certain Corrosion-Resistant Steel Products from
Taiwan: Final Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 64527
(December 17, 2018), amended by Certain
Corrosion-Resistant Steel Products from Taiwan:
Amended Final Results of Antidumping Duty
Administrative Review; 2016–2017, 84 FR 5991
(February 25, 2019). We selected the YP/Synn
entity as a single combined respondent and treated
it as such in the pre-preliminary phase of this
review. Subsequently, in the immediately preceding
administrative review of this case, we determined
that YP and Synn should no longer be collapsed.
See Certain Corrosion-Resistant Steel Products from
Taiwan: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2018–2019, 85 FR
74669 (November 23, 2020), unchanged in Certain
Corrosion-Resistant Steel Products from Taiwan:
Final Results of the Antidumping Duty
Administrative Review and Final Determination of
No Shipments; 2018–2019, 86 FR 28554 (May 27,
2021). As the instant record mirrors that of the
preceding review with respect to this issue, and we
have received no comments contesting the
determination not to collapse the YP/Synn entity,
we continue to determine that YP and Synn should
not be collapsed in this review.
3 See Petitioners’ Letter, ‘‘Certain CorrosionResistant Steel Products from Taiwan: Petitioners’
Case Brief’’ dated December 8, 2021 (Petitioners’
Case Brief); Yieh Phui’s Letter, ‘‘Corrosion-Resistant
Steel Products from Taiwan; Case Brief,’’ dated
December 8, 2021 (Yieh Phui’s Case Brief); and
Prosperity’s Letter, ‘‘Certain Corrosion-Resistant
Steel Products from Taiwan, Case No. A–583- 856:
Prosperity Tieh’s Case Brief,’’ dated December 8,
2021 (Prosperity’s Case Brief).
4 See Yieh Phui’s Letter, ‘‘Corrosion-Resistant
Steel Products from Taiwan; Rebuttal Brief,’’ dated
December 15, 2021; see also Petitioners’ Letter,
‘‘Certain Corrosion-Resistant Steel Products from
Taiwan: Petitioners’ Rebuttal Brief,’’ dated
December 15, 2021 (Petitioners’ Rebuttal Brief).
5 See Memorandum, ‘‘Certain Corrosion-Resistant
Steel Products from Taiwan: Extension of Time
Limit for the Final Results of Antidumping Duty
Administrative Review, 2019–2020,’’ dated
November 19, 2021.
E:\FR\FM\08FEN1.SGM
08FEN1
]]>Agencies
[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7104-7106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02557]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that except
for one respondent for which Commerce calculated a zero percent dumping
margin, the other companies subject to this administrative review
either made sales of subject merchandise at prices below normal value
(NV) during the period of review (POR) July 1, 2019, through June 30,
2020, did not ship subject merchandise to the United States during the
POR, or were not entitled to a separate rate.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: 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) 482-4554.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2021, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ For details regarding the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\ Commerce conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
---------------------------------------------------------------------------
\1\ See Xanthan Gum from the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review,
Partial Rescission of the Antidumping Duty Administrative Review,
and Preliminary Determination of No Shipments; 2019-2020, 86 FR
42781 (August 5, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Antidumping Duty Administrative
Review of Xanthan Gum from the People's Republic of China,'' (Issues
and Decision Memorandum), dated concurrently with, and hereby
adopted by, this notice.
---------------------------------------------------------------------------
Scope of the Order \3\
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
The scope of the Order covers dry xanthan gum, whether or not
coated or blended with other products. For a full description of the
scope, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an appendix. 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://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Shanghai Smart
Chemicals Co., Ltd. did not have shipments of subject merchandise
during the POR. As we received no information to contradict our
preliminary determination with respect to this company, we continue to
find that it made no shipments of subject merchandise to the United
States during the POR.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we corrected
certain ministerial errors in the calculation of Fufeng's,\4\ one of
the mandatory respondents, weighted-average dumping margin. For a
discussion of these changes, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ Fufeng refers to a single entity, which includes: Neimenggu
Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.); Shandong Fufeng Fermentation Co., Ltd.;
and Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively,
Fufeng).
---------------------------------------------------------------------------
Separate Rates
No parties commented on our preliminary separate rate findings.
Therefore, we have continued to grant Meihua \5\ and Fufeng (the
mandatory respondents), and two other companies/company groups listed
in the ``Final Results of Review'' section below separate rate status.
However, we have continued to deny separate rate status to
[[Page 7105]]
A.H.A. International Co., Ltd., Hebei Xinhe Biochemical Co., Ltd.,
Greenhealth International Co., Ltd. (Hong Kong), and Nanotech Solutions
SDN BHD.
---------------------------------------------------------------------------
\5\ Meihua refers to a single entity, which includes: Meihua
Group International Trading (Hong Kong) Limited; Langfang Meihua
Biotechnology Co., Ltd.; and Xinjiang Meihua Amino Acid Co., Ltd.
(collectively, Meihua).
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondents
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. When the rates for 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 calculated a zero percent dumping margin for one of the
mandatory respondents in this review, Fufeng, and we based the other
mandatory respondent, Meihua's, dumping margin on total AFA. Therefore,
we assigned the separate rate respondents a dumping margin equal to the
simple average of the dumping margins for Fufeng and Meihua, consistent
with the guidance in section 735(c)(5)(B) of the Act.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum for the discussion of
this issue.
---------------------------------------------------------------------------
Final Results of Review
We are assigning the following dumping margins to the firms listed
below for the period July 1, 2019, through June 30, 2020:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margins
(percentage)
------------------------------------------------------------------------
Meihua Group International Trading (Hong Kong) 154.07
Limited/Langfang Meihua Biotechnology Co., Ltd./
Xinjiang Meihua Amino Acid Co., Ltd................
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 0.00
Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
Shandong Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd....................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Jianlong Biotechnology Co., Ltd. (formerly, Inner 77.04
Mongolia Jianlong Biochemical Co., Ltd)............
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical 77.04
Ltd................................................
------------------------------------------------------------------------
Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
this Federal Register notice, we will disclose to the parties to this
proceeding, the calculations that we performed for these final results
of review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by the final results of this review. Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication date 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).
Where the respondent's weighted-average dumping margin is zero or
de minimis, or where an importer- (or customer-) specific ad valorem or
per-unit rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\7\
For entries that were not reported in the U.S. sales database submitted
by an exporter individually examined during this review, but that
entered under the case number of that exporter (i.e., at the
individually-examined exporter's cash deposit rate), Commerce will
instruct CBP to liquidate such entries at the China-wide rate (i.e.,
154.07 percent).\8\
---------------------------------------------------------------------------
\7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\8\ See Order, 78 FR at 43144.
---------------------------------------------------------------------------
For any individually-examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific assessment rates on the basis of the ratio
of the total amount of antidumping duties calculated for each
importer's examined sales and the total entered value of the sales, in
accordance with 19 CFR 351.212(b)(1).\9\
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
For respondents not individually examined in this administrative
review that qualified for a separate rate, the assessment rate will be
equal to the simple average of the dumping margins assigned to the
mandatory respondents in the final results of this review.
For the respondents not eligible for a separate rate and that are
part of the China-wide entity, we intend to instruct CBP to apply an ad
valorem assessment rate of 154.07 percent (i.e., the China-wide entity
rate) to all entries of subject merchandise during the POR that were
exported by these companies.
Additionally, if Commerce determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number will be liquidated at the
China-wide rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective for
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) For the exporters listed in the table above, the cash deposit
rate will be the rate established in the final results of review that
is listed for the exporter in the table; (2) for previously
investigated or reviewed China and non-China exporters not listed in
the table above
[[Page 7106]]
that have separate rates, 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 also 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 liquidation
of the relevant entries during this POR. 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.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, 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 these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and 777(i)
of the Act.
Dated: January 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: The Separate Rate
Comment 2: No Shipments for Deosen Biochemical Ltd.
Comment 3: Ministerial Errors in the Calculation of Fufeng's
Margin
Comment 4: Total Adverse Facts Available (AFA) for Meihua
VI. Recommendation
[FR Doc. 2022-02557 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P
