Xanthan Gum From the People's Republic of China: Continuation of Antidumping Duty Order, 26129-26130 [2024-07859]
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 3.91 percent ad
valorem, the all-others rate established
in the investigation of this proceeding.13
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Comment 2: Whether Commerce Should
Continue to Find Dinakar Process Private
Limited Subject to this Review
V. Recommendation
Notification to Importers
International Trade Administration
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 and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in the Commerce’s presumption
that reimbursement of antidumping
and/or countervailing duties has
occurred and the subsequent assessment
of double antidumping duties and/or an
increase in the amount of antidumping
duties by the amount of the
countervailing duties.
[A–570–985]
Administrative Protective Order
This notice also serves as a 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 the return or 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
We are issuing and publishing this
notice 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)(1).
Dated: March 28, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Navneet’s ECommerce Sales Were Made at the Same
Level of Trade as its Home Market Sales
in Channels Two, Three, Four, and Five
13 See
Order.
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17:44 Apr 12, 2024
Jkt 262001
[FR Doc. 2024–07904 Filed 4–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Xanthan Gum From the People’s
Republic of China: Continuation of
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) order on xanthan gum from the
People’s Republic of China (China)
would likely lead to the continuation or
recurrence of dumping and material
injury to an industry in the United
States, Commerce is publishing a notice
of continuation of this AD order.
DATES: Applicable April 5, 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:
AGENCY:
Background
On July 19, 2013, Commerce
published in the Federal Register the
AD order on xanthan gum from China.1
On October 2, 2023, the ITC instituted,2
and Commerce initiated,3 the sunset
review of the Order, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its
review, Commerce determined that
revocation of the Order would likely
lead to the continuation or recurrence of
dumping, and therefore, notified the ITC
of the magnitude of the margins of
dumping likely to prevail should the
Order be revoked.4
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, 2023) (Order).
2 See Xanthan Gum From China; Institution of a
Five-Year Review, 88 FR 67809 (October 2, 2023).
3 See Initiation of Five-Year (Sunset) Reviews, 88
FR 67729 (October 2, 2023).
4 See Xanthan Gum from the People’s Republic of
China: Final Results of the Expedited Second
Sunset Review of the Antidumping Duty Order, 89
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26129
On April 5, 2024, the ITC published
its determination, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Order would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Order
The scope of this order covers dry
xanthan gum, whether or not coated or
blended with other products. Further,
xanthan gum is included in this order
regardless of physical form, including,
but not limited to, solutions, slurries,
dry powders of any particle size, or
unground fiber.
Xanthan gum that has been blended
with other product(s) is included in this
scope when the resulting mix contains
15 percent or more of xanthan gum by
dry weight. Other products with which
xanthan gum may be blended include,
but are not limited to, sugars, minerals,
and salts.
Xanthan gum is a polysaccharide
produced by aerobic fermentation of
Xanthomonas campestris. The chemical
structure of the repeating
pentasaccharide monomer unit consists
of a backbone of two P-1,4-D-Glucose
monosaccharide units, the second with
a trisaccharide side chain consisting of
P-D-Mannose-(1,4)-P-DGlucuronic acid(1,2)-a-D-Mannose monosaccharide
units. The terminal mannose may be
pyruvylated and the internal mannose
unit may be acetylated.
Merchandise covered by the scope of
this order is classified in the
Harmonized Tariff Schedule (‘‘HTS’’) of
the United States at subheadings
3913.90.20, 3913.90.2015, and
3824.99.4900. This tariff classification is
provided for convenience and customs
purposes; however, the written
description of the scope is dispositive.
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to
continuation or recurrence of dumping,
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the Order.
U.S. Customs and Border Protection will
continue to collect AD cash deposits at
the rates in effect at the time of entry for
all imports of subject merchandise.
FR 7363 (February 2, 2024), and accompanying
Issues and Decision Memorandum.
5 See Xanthan Gum from China; Determination,
89 FR 24033 (April 5, 2024) (ITC Final
Determination).
E:\FR\FM\15APN1.SGM
15APN1
26130
Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
The effective date of the continuation
of the Order will be April 5, 2024.6
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
review of the Order not later than 30
days prior to fifth anniversary of the
date of the last determination by the
ITC.
Administrative Protective Order (APO)
Ministerial Error
Background
We agree with Giti that we made a
ministerial error in the Final Results
pursuant to section 751(h) of the Act
and 19 CFR 351.224(f) and have
amended our calculations to correct the
calculation of boat freight to remove the
distance in kilometers.
This notice also serves as a final
reminder to parties subject to an 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 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.
On March 12, 2024, Commerce
published the Final Results in the
Federal Register.1 Also on March 12,
2024, we received a timely submitted
ministerial error allegation from Giti.2
On March 13, 2024, we received rebuttal
comments from the petitioner.3 We are
amending the Final Results to correct
the ministerial error Giti alleged.
Notification to Interested Parties
Legal Framework
This five-year (sunset) review and this
notice are in accordance with sections
751(c) and 751(d)(2) of the Act and
published in accordance with section
777(i) of the Act, and 19 CFR
351.218(f)(4).
Section 751(h) of the Tariff Act of
1930, as amended (the Act), defines a
‘‘ministerial error’’ as including ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
unintentional error which the
administering authority considers
ministerial.’’ 4 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any . . .
ministerial error by amending the final
results of review . . .’’
Dated: April 9, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–07859 Filed 4–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Amended Final
Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the antidumping duty order on
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
passenger vehicle and light truck tires
from the People’s Republic of China
(China) to correct a ministerial error.
The period of review (POR) is August 1,
2021, through July 31, 2022.
DATES: Applicable April 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Caroline Carroll, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4948.
SUPPLEMENTARY INFORMATION:
6 See
ITC Final Determination.
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17:44 Apr 12, 2024
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1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2021–2022, 89 FR 17817 (March 12, 2024) (Final
Results), and accompanying Issues and Decision
Memorandum (IDM).
2 See Giti’s Letter, ‘‘Ministerial Errors Comment,’’
dated March 12, 2024 (Ministerial Error Comments).
Giti consists of the following companies: Giti Tire
Global Trading Pte. Ltd.; Giti Radial Tire (Anhui)
Company Ltd.; Giti Tire (Fujian) Company Ltd.; Giti
Tire (Hualin) Company, Ltd.; Giti Tire Greatwall
Company. Ltd.; Giti Tire (Anhui) Company; Giti
Tire (Yinchuan) Company Ltd.; and Giti Tire
(Chongqing) Company Ltd. (collectively, Giti).
3 The petitioner is the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union,
AFL–CIO, CLC. See Petitioner’s Letter, ‘‘Request to
Reject Giti’s Untimely New Argument,’’ dated
March 13, 2024.
4 See 19 CFR 351.224(f).
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In the Final Results, we continued to
rely on a boat freight surrogate value
using data from Maersk stated on a U.S.
dollar per-kilogram basis.5 In its
Ministerial Error Comments, Giti alleged
that Commerce intended to value the
boat freight surrogate value on a perkilogram, per-kilometer basis, noting
that, in the calculation of boat freight,
Commerce multiplied the input quantity
in kilograms by both the boat freight
surrogate value and a distance in
kilometers.6
Pursuant to 19 CFR 351.224(e), we are
amending the Final Results to correct
this ministerial error in the calculation
of the weighted-average dumping
margin for Giti, which changes from
53.41 percent to 20.52 percent.
Furthermore, based on the revised
weighted-average dumping margin
calculated for Giti, we are also
amending the rate for the companies not
selected for individual examination in
this review, which changes from 27.94
percent to 11.50 percent.7
For a complete discussion of the
ministerial error allegation, as well as
Commerce’s analysis, see the
accompanying Ministerial Error
Memorandum.8 The Ministerial Error
Memorandum is a public document and
is on file electronically via ACCESS.
ACCESS is available to registered users
at https://access.trade.gov.
Amended Final Results of Review
As a result of correcting the
ministerial error described above, we
determine the following estimated
weighted-average dumping margins for
the period August 1, 2021, through July
31, 2022:
5 See
Final Results IDM at Comment 10.
Ministerial Error Comments at 3.
7 See Memorandum, ‘‘Calculation of the
Amended Final Cash Deposit Rate for Non-Selected
Companies,’’ dated concurrently with this notice.
8 See Memorandum, ‘‘Analysis of Ministerial
Error Allegation,’’ dated concurrently with, and
hereby adopted by, this notice (Ministerial Error
Memorandum); see also Memorandum,
‘‘Calculations for Giti for the Amended Final
Results,’’ dated concurrently with this notice.
6 See
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15APN1
Agencies
[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26129-26130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07859]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Continuation of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on xanthan gum from
the People's Republic of China (China) would likely lead to the
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of this AD order.
DATES: Applicable April 5, 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 in the Federal Register the AD
order on xanthan gum from China.\1\ On October 2, 2023, the ITC
instituted,\2\ and Commerce initiated,\3\ the sunset review of the
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended
(the Act). As a result of its review, Commerce determined that
revocation of the Order would likely lead to the continuation or
recurrence of dumping, and therefore, notified the ITC of the magnitude
of the margins of dumping likely to prevail should the Order be
revoked.\4\
---------------------------------------------------------------------------
\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, 2023) (Order).
\2\ See Xanthan Gum From China; Institution of a Five-Year
Review, 88 FR 67809 (October 2, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 67729
(October 2, 2023).
\4\ See Xanthan Gum from the People's Republic of China: Final
Results of the Expedited Second Sunset Review of the Antidumping
Duty Order, 89 FR 7363 (February 2, 2024), and accompanying Issues
and Decision Memorandum.
---------------------------------------------------------------------------
On April 5, 2024, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
---------------------------------------------------------------------------
\5\ See Xanthan Gum from China; Determination, 89 FR 24033
(April 5, 2024) (ITC Final Determination).
---------------------------------------------------------------------------
Scope of the Order
The scope of this order covers dry xanthan gum, whether or not
coated or blended with other products. Further, xanthan gum is included
in this order regardless of physical form, including, but not limited
to, solutions, slurries, dry powders of any particle size, or unground
fiber.
Xanthan gum that has been blended with other product(s) is included
in this scope when the resulting mix contains 15 percent or more of
xanthan gum by dry weight. Other products with which xanthan gum may be
blended include, but are not limited to, sugars, minerals, and salts.
Xanthan gum is a polysaccharide produced by aerobic fermentation of
Xanthomonas campestris. The chemical structure of the repeating
pentasaccharide monomer unit consists of a backbone of two P-1,4-D-
Glucose monosaccharide units, the second with a trisaccharide side
chain consisting of P-D-Mannose-(1,4)-P-DGlucuronic acid-(1,2)-a-D-
Mannose monosaccharide units. The terminal mannose may be pyruvylated
and the internal mannose unit may be acetylated.
Merchandise covered by the scope of this order is classified in the
Harmonized Tariff Schedule (``HTS'') of the United States at
subheadings 3913.90.20, 3913.90.2015, and 3824.99.4900. This tariff
classification is provided for convenience and customs purposes;
however, the written description of the scope is dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to continuation or recurrence
of dumping, and material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act, Commerce hereby orders the
continuation of the Order. U.S. Customs and Border Protection will
continue to collect AD cash deposits at the rates in effect at the time
of entry for all imports of subject merchandise.
[[Page 26130]]
The effective date of the continuation of the Order will be April
5, 2024.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Order not later than 30 days prior to fifth anniversary of the
date of the last determination by the ITC.
---------------------------------------------------------------------------
\6\ See ITC Final Determination.
---------------------------------------------------------------------------
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an 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 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.
Notification to Interested Parties
This five-year (sunset) review and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: April 9, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-07859 Filed 4-12-24; 8:45 am]
BILLING CODE 3510-DS-P