Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021, 9861-9863 [2023-03157]
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Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 / Notices
Participation Requirements
All parties interested in participating
in the trade mission must submit an
application package for consideration by
the U.S. Department of Commerce
(DOC). All applicants will be evaluated
on their ability to meet the criteria as
outlined above. A minimum of 20
participants will be selected for South
Africa and Ghana, and 8 for the optional
stop in Nigeria. The total number of
participants will not exceed 30.
ddrumheller on DSK120RN23PROD with NOTICES
Fees and Expenses
After a firm or trade association has
been selected to participate on the
mission, a payment to the Department of
Commerce in the form of a participation
fee is required. The participation fee for
the GDEI Business Development Trade
Mission will be $3,725 for small or
medium-sized enterprises (SME) 2 and
trade organizations for South Africa and
Ghana stops and $5,720 for all three
stops and $6,520 for South Africa and
Ghana stops and $10,300 for all three
stops for large firms. The fee for each
additional firm representative (large
firm or SME/trade organization) is $800
for SMEs and $1,300 for large
companies. Expenses for travel, lodging,
meals, and incidentals will be the
responsibility of each mission
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take advantage of U.S. Embassy rates for
hotel rooms.
If an applicant is selected to
participate on a particular mission, a
payment to the Department of
Commerce in the amount of the
designated participation fee below is
required. Upon notification of
acceptance to participate, those selected
have 5 business days to submit payment
or the acceptance may be revoked.
Participants selected for a trade
mission will be expected to pay for the
cost of personal expenses, including,
but not limited to, international travel,
lodging, meals, transportation,
communication, and incidentals, unless
otherwise noted. Participants will,
however, be able to take advantage of
U.S. Government rates for hotel rooms.
In the event that a mission is cancelled,
no personal expenses paid in
anticipation of a mission will be
2 For purposes of assessing participation fees, an
applicant is a small or medium-sized enterprise
(SME) if it qualifies under the Small Business
Administration’s (SBA) size standards (https://
www.sba.gov/document/support--table-sizestandards), which vary by North American Industry
Classification System (NAICS) Code. The SBA Size
Standards Tool [https://www.sba.gov/sizestandards/] can help you determine the
qualifications that apply to your company.
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reimbursed. However, participation fees
for a cancelled mission will be
reimbursed to the extent they have not
already been expended in anticipation
of the mission.
If a visa is required to travel on a
particular mission, applying for and
obtaining such a visa will be the
responsibility of the mission
participant. Government fees and
processing expenses to obtain such a
visa are not included in the
participation fee. However, the
Department of Commerce will provide
instructions to each participant on the
procedures required to obtain business
visas.
Trade Mission members participate in
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safety or security of participants. The
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Government international travel alerts
and warnings for U.S. citizens available
at https://travel.state.gov/content/
passports/en/alertswarnings.html. Any
question regarding insurance coverage
must be resolved by the participant and
its insurer of choice.
Timeframe for Recruitment and
Applications
Mission recruitment will be
conducted in an open and public
manner, including publication in the
Federal Register, posting on the
Commerce Department trade mission
calendar (https://export.gov/
trademissions) and other internet
websites, press releases to general and
trade media, direct mail, notices by
industry trade associations/
organizations and other multiplier
groups, and publicity at industry
meetings, symposia, conferences, and
trade shows. Recruitment for the
mission will begin immediately and
conclude no later than May 31, 2023.
The U.S. Department of Commerce will
review applications and inform
applicants of selection decisions on a
rolling basis. Applications received after
May 31, 2023, will be considered only
if space and scheduling constraints
permit.
Contacts
Terri Batch, ITS/GDEI lead, West LA
USEAC, (310) 597–3575, Terri.Batch@
trade.gov.
Nathalie Scharf, Director, St. Louis
USEAC, (314) 432–1500,
Nathalie.Scharf@trade.gov.
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9861
Cynthia Griffin, RSCO, SSA, + 86–
138–1197–8435, Cynthia.Griffin@
trade.gov.
Mike Bromley, CO, South Africa, +27
11 290 3227, Michael.Bromley@
trade.gov.
Gemal Brangman,
Director, ITA Events Management Task Force.
[FR Doc. 2023–03228 Filed 2–14–23; 8:45 am]
BILLING CODE 3510–DR–P
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; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Fufeng Biotechnologies Co., Ltd. (aka
Inner Mongolia Fufeng Biotechnologies
Co., Ltd.), Shandong Fufeng
Fermentation Co., Ltd., and Xinjiang
Fufeng Biotechnologies Co., Ltd.
(collectively, Fufeng) sold xanthan gum
from the People’s Republic of China
(China) at less than normal value during
the period of review (POR), July 1, 2020,
through June 30, 2021. Additionally, we
find that Meihua Group International
Trading (Hong Kong) Limited, Langfang
Meihua Biotechnology Co., Ltd., and
Xinjiang Meihua Amino Acid Co., Ltd.
(collectively, Meihua), Jianlong
Biotechnology Co., Ltd. (formerly, Inner
Mongolia Jianlong Biochemical Co., Ltd)
(Jianlong), and Deosen Biochemical
(Ordos) Ltd., Deosen Biochemical Ltd.
(collectively, Deosen) have each
demonstrated that they are eligible for a
separate rate. Additionally, Commerce
determines that a company for which
we initiated a review had no shipments
during the POR.
DATES: Applicable February 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Reginald Anadio, 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) 482–3166.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 5, 2022, Commerce
published the Preliminary Results and
invited interested parties to comment on
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9862
Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 / Notices
those results.1 Commerce extended the
deadline for the final results by 60 days
until February 1, 2023.2 For details
regarding the events that occurred
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.3 Commerce conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
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.
Scope of the Order 4
In the Preliminary Results, Commerce
determined that Shanghai Smart
Chemicals Co. Ltd. did not have
shipments of subject merchandise
during the POR.5 As we received no
information to contradict our
preliminary determination with respect
to Shanghai Smart Chemicals Co. Ltd.,
we continue to find that it made no
shipments of subject merchandise to the
United States during the POR.
The product covered by the Order
includes dry xanthan gum, whether or
not coated or blended with other
products. For a full description of the
scope of the Order, 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 provided
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
Final Determination of No Shipments
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
preliminary weighted-average margin
calculation for Fufeng and three other
companies/company groups listed
below.6
Separate Rates
No parties commented on our
preliminary separate rate determination.
Therefore, we have continued to grant
Fufeng (the sole mandatory respondent)
and three 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 Nanotech
Solutions SDN BHD.
Rate for Non-Examined Separate Rate
Respondents
In the Preliminary Results, we
determined that Meihua, Jianlong, and
Deosen demonstrated their eligibility for
a separate rate. We received no
comment or argument since the
issuance of the Preliminary Results that
provide a basis for reconsideration of
this determination. Therefore, for these
final results, we continue to find that
Meihua, Jianlong, and Deosen are
eligible for a separate rate.
Final Results of Review
We are assigning the following
dumping margins to the firms listed
below for the period July 1, 2020,
through June 30, 2021:
Weighted-average
dumping margins
(percent)
Exporter
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd ................................................................................................
Meihua Group International Trading (Hong Kong) Limited/Langfang Meihua Biotechnology Co., Ltd./Xinjiang Meihua Amino
Acid Co., Ltd ............................................................................................................................................................................
Jianlong Biotechnology Co., Ltd. (formerly, Inner Mongolia Jianlong Biochemical Co., Ltd) .....................................................
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical Ltd .......................................................................................................
17.36
17.36
17.36
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).
For Fufeng, Commerce will calculate
importer-specific assessment rates for
antidumping duties, in accordance with
19 CFR 351.212(b)(1). Where the
respondent reported reliable entered
values, Commerce intends to calculate
importer-specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer and dividing
this amount by the total entered value
of the merchandise sold to the
importer.7 Where the respondent did
not report entered values, Commerce
will calculate importer-specific
assessment rates by dividing the amount
of dumping for reviewed sales to the
imported by the total quantity of those
sales. Commerce will calculate an
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; 2020–
2021, 87 FR 47970 (August 5, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of the 2020–2021 Antidumping Duty
Administrative Review,’’ dated October 31, 2022.
3 See Memorandum ‘‘Issues and Decision
Memorandum for the Final Results of the 2020–
2021 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.
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).
5 See Preliminary Results.
6 See Issues and Decision Memorandum.
7 See 19 CFR 351.212(b)(1).
Disclosure
Pursuant to 19 CFR 351.224(b), within
five days of the publication of this
notice in the Federal Register, we will
disclose to the parties to this
proceeding, the calculations that we
performed for these final results of
review.
Assessment Rates
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Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES
estimated ad valorem importer-specific
assessment rate to determine whether
the per-unit assessment rate is de
minimis (i.e., 0.50 percent); however,
Commerce will use the per-unit
assessment rate where entered values
were not reported.8 Where an importerspecific ad valorem assessment rate is
not zero or de minimis, Commerce will
instruct CBP to collect the appropriate
duties at the time of liquidation. Where
either the respondent’s weighted
average dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or deminimis, Commerce will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.
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 entity rate (i.e., 154.07
percent).9
For respondents not individually
examined in this administrative review
that qualified for a separate rate (i.e.,
Meihua, Jianlong, and Deosen), the
assessment rate will be the dumping
margin assigned to the sole mandatory
respondent (i.e., Fufeng) 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 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
8 Id.
9 See
Order.
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21:16 Feb 14, 2023
Jkt 259001
exporters not listed in the table above
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)
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.
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.
9863
Production (FOP) in Its Normal Value
(NV) Calculation
Comment 2: Whether Commerce Should
Assign Facts Available for Fufeng’s
Supplier Distances
Comment 3: Whether Commerce Should
Allow and Assign a Cap for Certain ByProducts
Comment 4: Whether Commerce Should
Correct Certain Clerical Errors in the
Preliminary Results
Comment 5: Whether Commerce Should
Modify its Calculation of Ocean Freight
Surrogate Value (SV)
Comment 6: Whether Commerce Should
Use Rani Transport Data Instead of
World Bank’s Doing Business Data for
Calculating Truck Freight SV
Comment 7: Whether Commerce Should
Not Deduct Section 301 Duties From the
U.S. Price
Comment 8: Whether Commerce’s
Application of the Cohen’s d Test is
Unsupported by Substantial Evidence
and Controlling Law
Comment 9: Whether Commerce Should
Analyze Meihua’s Voluntary Response
and Provide a Calculation for Meihua
V. Recommendation
[FR Doc. 2023–03157 Filed 2–14–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–874]
Certain Steel Nails From the Republic
of Korea: Final Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines
Daejin Steel Company (Daejin) and
Korea Wire Co., Ltd. (KOWIRE), the
producers and/or exporters subject to
this administrative review, made sales
of certain steel nails (steel nails) from
the Republic of Korea (Korea) in the
United States at prices below normal
value (NV) during the period of review
(POR), July 1, 2020, through June 30,
2021.
SUMMARY:
Dated: February 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
DATES:
Appendix
FOR FURTHER INFORMATION CONTACT:
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
Comment 1: Whether Commerce Should
Directly Value Energy Factors of
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Applicable February 15, 2023.
Eva
Kim and Reginald Anadio, 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) 482–8283 or (202) 482–3166,
respectively.
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]]>Agencies
[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Pages 9861-9863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03157]
-----------------------------------------------------------------------
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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.), Shandong Fufeng Fermentation Co., Ltd., and
Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, Fufeng) sold
xanthan gum from the People's Republic of China (China) at less than
normal value during the period of review (POR), July 1, 2020, through
June 30, 2021. Additionally, we find that Meihua Group International
Trading (Hong Kong) Limited, Langfang Meihua Biotechnology Co., Ltd.,
and Xinjiang Meihua Amino Acid Co., Ltd. (collectively, Meihua),
Jianlong Biotechnology Co., Ltd. (formerly, Inner Mongolia Jianlong
Biochemical Co., Ltd) (Jianlong), and Deosen Biochemical (Ordos) Ltd.,
Deosen Biochemical Ltd. (collectively, Deosen) have each demonstrated
that they are eligible for a separate rate. Additionally, Commerce
determines that a company for which we initiated a review had no
shipments during the POR.
DATES: Applicable February 15, 2023.
FOR FURTHER INFORMATION CONTACT: Reginald Anadio, 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) 482-3166.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2022, Commerce published the Preliminary Results and
invited interested parties to comment on
[[Page 9862]]
those results.\1\ Commerce extended the deadline for the final results
by 60 days until February 1, 2023.\2\ For details regarding the events
that occurred subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\3\ 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; 2020-2021, 87 FR
47970 (August 5, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
the 2020-2021 Antidumping Duty Administrative Review,'' dated
October 31, 2022.
\3\ See Memorandum ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 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 4
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
The product covered by the Order includes dry xanthan gum, whether
or not coated or blended with other products. For a full description of
the scope of the Order, 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 provided 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://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.\5\ As we received no information to contradict our preliminary
determination with respect to Shanghai Smart Chemicals Co. Ltd., we
continue to find that it made no shipments of subject merchandise to
the United States during the POR.
---------------------------------------------------------------------------
\5\ See Preliminary Results.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculation for
Fufeng and three other companies/company groups listed below.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Separate Rates
No parties commented on our preliminary separate rate
determination. Therefore, we have continued to grant Fufeng (the sole
mandatory respondent) and three 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 Nanotech
Solutions SDN BHD.
Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results, we determined that Meihua, Jianlong,
and Deosen demonstrated their eligibility for a separate rate. We
received no comment or argument since the issuance of the Preliminary
Results that provide a basis for reconsideration of this determination.
Therefore, for these final results, we continue to find that Meihua,
Jianlong, and Deosen are eligible for a separate rate.
Final Results of Review
We are assigning the following dumping margins to the firms listed
below for the period July 1, 2020, through June 30, 2021:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margins
(percent)
------------------------------------------------------------------------
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 17.36
Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
Shandong Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd....................
Meihua Group International Trading (Hong Kong) 17.36
Limited/Langfang Meihua Biotechnology Co., Ltd./
Xinjiang Meihua Amino Acid Co., Ltd................
Jianlong Biotechnology Co., Ltd. (formerly, Inner 17.36
Mongolia Jianlong Biochemical Co., Ltd)............
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical 17.36
Ltd................................................
------------------------------------------------------------------------
Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
of this notice in the Federal Register, 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).
For Fufeng, Commerce will calculate importer-specific assessment
rates for antidumping duties, in accordance with 19 CFR 351.212(b)(1).
Where the respondent reported reliable entered values, Commerce intends
to calculate importer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer and dividing this amount by the total entered value of the
merchandise sold to the importer.\7\ Where the respondent did not
report entered values, Commerce will calculate importer-specific
assessment rates by dividing the amount of dumping for reviewed sales
to the imported by the total quantity of those sales. Commerce will
calculate an
[[Page 9863]]
estimated ad valorem importer-specific assessment rate to determine
whether the per-unit assessment rate is de minimis (i.e., 0.50
percent); however, Commerce will use the per-unit assessment rate where
entered values were not reported.\8\ Where an importer-specific ad
valorem assessment rate is not zero or de minimis, Commerce will
instruct CBP to collect the appropriate duties at the time of
liquidation. Where either the respondent's weighted average dumping
margin is zero or de minimis, or an importer-specific ad valorem
assessment rate is zero or de-minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.
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\7\ See 19 CFR 351.212(b)(1).
\8\ Id.
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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 entity rate
(i.e., 154.07 percent).\9\
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\9\ See Order.
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For respondents not individually examined in this administrative
review that qualified for a separate rate (i.e., Meihua, Jianlong, and
Deosen), the assessment rate will be the dumping margin assigned to the
sole mandatory respondent (i.e., Fufeng) 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 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) 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.
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: February 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
Comment 1: Whether Commerce Should Directly Value Energy Factors
of Production (FOP) in Its Normal Value (NV) Calculation
Comment 2: Whether Commerce Should Assign Facts Available for
Fufeng's Supplier Distances
Comment 3: Whether Commerce Should Allow and Assign a Cap for
Certain By-Products
Comment 4: Whether Commerce Should Correct Certain Clerical
Errors in the Preliminary Results
Comment 5: Whether Commerce Should Modify its Calculation of
Ocean Freight Surrogate Value (SV)
Comment 6: Whether Commerce Should Use Rani Transport Data
Instead of World Bank's Doing Business Data for Calculating Truck
Freight SV
Comment 7: Whether Commerce Should Not Deduct Section 301 Duties
From the U.S. Price
Comment 8: Whether Commerce's Application of the Cohen's d Test
is Unsupported by Substantial Evidence and Controlling Law
Comment 9: Whether Commerce Should Analyze Meihua's Voluntary
Response and Provide a Calculation for Meihua
V. Recommendation
[FR Doc. 2023-03157 Filed 2-14-23; 8:45 am]
BILLING CODE 3510-DS-P
