Xanthan Gum From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 7363 [2024-02140]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Page 7363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02140]



[[Page 7363]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Final Results of 
the Expedited Second Sunset Review of the Antidumping Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the antidumping duty (AD) order on xanthan gum from the 
People's Republic of China (China) would likely lead to continuation or 
recurrence of dumping at the level indicated in the ``Final Results of 
Sunset Review'' section of this notice.

DATES: Applicable February 2, 2024.

FOR FURTHER INFORMATION CONTACT: Luke Caruso, 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) 482-2081.

SUPPLEMENTARY INFORMATION:

Background

    On July 19, 2013, Commerce published the order on xanthan gum from 
China.\1\ On October 2, 2023, Commerce published the notice of 
initiation of this second sunset review of the Order, pursuant to 
section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).\2\
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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).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 67729 
(October 2, 2023).
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    In October 2023, we received a notice of intent to participate, 
consistent with 19 CFR 351.218(d), from CP Kelco U.S., Inc. (CP Kelco), 
a domestic interested party.\3\ CP Kelco claimed domestic interested 
party status under section 771(9)(C) of the Act as a producer of 
xanthan gum in the United States.\4\ Subsequently, on November 1, 2023, 
CP Kelco submitted a substantive response pursuant to 19 CFR 
351.218(d)(3)(i).\5\ Commerce received no responses from respondent 
interested parties with respect to the Order covered by this sunset 
review. Consequently, Commerce notified the U.S. International Trade 
Commission (ITC),\6\ and conducted an expedited (120-day) sunset review 
of the Order.\7\
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    \3\ See Domestic Interested Party's Letter, ``Xanthan Gum from 
the People's Republic of China--Notice of Intent to Participate in 
Sunset Review,'' dated October 18, 2023 (Notice of Intent to 
Participate); see also Petitioner's Letter, ``Request to File Out of 
Time due to Extraordinary Circumstances,'' dated October 18, 2023; 
and Commerce's Letter, ``Acceptance of Notice of Intent to 
Participate,'' dated October 20, 2023. Because Commerce granted CP 
Kelco's request for an extension to file its notice of intent to 
participate, we consider CP Kelco's request to be timely filed 
pursuant to 19 CFR 351.218(d)(l)(i).
    \4\ See Notice of Intent to Participate at 1.
    \5\ See Domestic Interested Party's Letter, ``Xanthan Gum from 
the People's Republic of China: Second Five Year (``Sunset'') Review 
of Antidumping Duty Order--Domestic Industry Substantive Response,'' 
dated November 1, 2023.
    \6\ See Commerce's Letter, ``Sunset Reviews Initiated on October 
2, 2023,'' dated October 24, 2023; see also 19 CFR 
351.218(e)(1)(ii)(C)(1).
    \7\ See 19 CFR 351.218(e)(1)(ii)(C)(2).
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Scope of the Order

    The scope of the Order is xanthan gum. For a complete description 
of the scope of this Order, see the Issues and Decision Memorandum.\8\
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    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order on Xanthan Gum from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review 
are addressed in the accompanying Issues and Decision Memorandum, 
specifically the likelihood of continuation or recurrence of dumping 
and the magnitude of the dumping margins likely to prevail if the Order 
were revoked.\9\ A list of topics discussed in the Issues and Decision 
Memorandum is included as an 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.
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    \9\ Id.
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would be likely to 
lead to continuation or recurrence of dumping, and that the magnitude 
of the dumping margin likely to prevail would be up to 154.07 
percent.\10\
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    \10\ See Xanthan Gum from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 78 FR 33351, 33353 
(June 4, 2013), unchanged in Order, 78 FR at 43144.
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Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
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). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results of this sunset 
review in accordance with sections 751(c), 752(c), and 777(i)(1) of the 
Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).

    Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy 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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margin of Dumping Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2024-02140 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P