Xanthan Gum From the People's Republic of China: Continuation of Antidumping Duty Order, 26129-26130 [2024-07859]

Download as PDF 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. VerDate Sep<11>2014 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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. VerDate Sep<11>2014 17:44 Apr 12, 2024 Jkt 262001 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 E:\FR\FM\15APN1.SGM 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).
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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

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