Xanthan Gum From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Rescission, in Part, and Preliminary Determination of No Shipments; 2022-2023, 68136-68140 [2024-19020]
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Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Notices
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[FR Doc. 2024–19008 Filed 8–22–24; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Xanthan Gum From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review, Rescission, in Part, and
Preliminary Determination of No
Shipments; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Notices
The U.S. Department of
Commerce (Commerce) preliminarily
determines that one of the exporters
subject to this antidumping duty
administrative review made sales of
subject merchandise at less than normal
value, one of the exporters subject to
this antidumping duty administrative
review did not make sales of subject
merchandise at less than normal value,
and that two companies, Shanghai
Smart Chemicals Co. Ltd. (Shanghai
Smart), and Deosen Biochemical Ltd.,
had no shipments of subject
merchandise during the period of
review (POR) July 1, 2022, through June
30, 2023. In addition, we are rescinding
this review, in part, with respect to five
companies. Interested parties are invited
to comment on these preliminary
results.
DATES: Applicable August 23, 2024.
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:
published the Initiation Notice of this
administrative review on September 11,
2023, where we initiated a review for
34.3 On March 1, 2024, Commerce
extended the deadline for these
preliminary results to July 30, 2024.4 On
July 22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.5 The
deadline for these preliminary results is
now August 6, 2024.
For a complete description of the
events that occurred following the
initiation of the review, see the
Preliminary Decision Memorandum.6 A
list of topics discussed in the
Preliminary Decision Memorandum is
included in Appendix I. The
Preliminary 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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Background
On July 3, 2023, Commerce published
in the Federal Register a notice of
opportunity to request an administrative
review of the antidumping duty order
on xanthan gum from the People’s
Republic of China (China).1 Between
July 27 and 31, 2023, Commerce
received requests to conduct
administrative reviews.2 Commerce
Scope of the 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 Preliminary
Decision Memorandum.
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SUMMARY:
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); and
Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 42693 (July 3, 2023).
2 Additionally, we note that review requests were
filed for two separate companies with minor
variations in their names: Shaanxi Rainwood
Biotech Co., Ltd.; and Shaanxi Rainwood Biotech
Co. Ltd. Accordingly, Commerce initiated this
administrative review with respect to the 33
companies. See Jianlong Biotechnology Co. Ltd.
(formerly, Inner Mongolia Jianlong Biochemical Co.,
Ltd.)’s Letter, ‘‘Request for Administrative Review,’’
dated July 31, 2023; see also Meihua Group
International Trading (Hong Kong) and Xinjiang
Meihua Amino Acid Co., Ltd.’s Letter, ‘‘Request for
Administrative Review,’’ dated July 31, 2023;
Deosen Biochemical (Ordos) Ltd.’s Letter, ‘‘Request
for Administrative Review,’’ dated July 27, 2023; CP
Kelco US, Inc.’s (the petitioner) Letter, ‘‘Petitioner’s
Request for Administrative Review,’’ dated July 31,
2023; Neimenggu Fufeng Biotechnologies Co., Ltd.
(aka Inner Mongolia Fufeng Biotechnologies Co.,
Ltd.)/Shandong Fufeng Fermentation Co., Ltd./
Xinjiang Fufeng Biotechnologies Co., Ltd.’s Letter,
‘‘Request for Antidumping Administrative Review,’’
dated July 31, 2023; and SAM HPRP Chemicals,
Inc.’s Letter, ‘‘Request for Administrative Review,’’
dated July 28, 2023.
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Preliminary Determination of No
Shipments
Between September and October
2023, Meihua Group International
Trading (Hong Kong) Limited/Langfang
Meihua Biotechnology Co., Ltd./
Xinjiang Meihua Amino Acid Co., Ltd.
(collectively, Meihua), Shanghai Smart,
and Deosen Biochemical Ltd. filed
timely certifications that they had no
exports, shipments, sales, or entries of
subject merchandise to the United
States during the POR.7 Based on
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
62322 (September 11, 2023) (Initiation Notice).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 1, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2022–2023
Administrative 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 (Preliminary Decision
Memorandum).
7 See Deosen Biochemical Ltd.’s Letter, ‘‘No
Shipment Certification of Deosen Biochemical
Ltd.,’’ dated October 11, 2023; see also Shanghai
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information obtained from U.S. Customs
and Border Protection (CBP) and on
Deosen Biochemical Ltd.’s, Meihua’s,
and Shanghai Smart’s no-shipment
certifications, Commerce preliminarily
determines that Deosen Biochemical
Ltd. and Shanghai Smart had no
shipments of subject merchandise
during the POR.8
Consistent with Commerce’s practice
in non-market economy (NME) cases,
we are not rescinding this
administrative review with respect to
Deosen Biochemical Ltd. and Shanghai
Smart but intend to complete the review
and issue appropriate instructions to
CBP based on the final results of the
review.9
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if all parties that requested a
review withdraw their requests within
90 days of the publication date of the
notice of initiation of the requested
review in the Federal Register. Between
August and September 2023, the
petitioner timely withdrew its request
for an administrative review of the
following companies: Henan Sinowin
Chemical Industry Co., Ltd. (Henan
Sinowin); Meihua; Qingdao Yalai
Chemical Co., Ltd. (Qingdao Yalai);
Foodchem Biotech Co., Ltd.; and
Shanghai Cy-Everlasting Imp. & Exp.
Co., Ltd. (Shanghai Cy-Everlasting).10
On September 21, 2023, Meihua
withdrew its request for an
Smart Chemicals Co. Ltd.’s Letter, ‘‘No Shipment
Certification,’’ dated September 25, 2023; and
Meihua’s Letter, ‘‘No Shipment Certification,’’
dated September 21, 2023.
8 See Memoranda, ‘‘Xanthan Gum from the
People’s Republic of China; No Shipment Inquiry
for Shanghai Smart Chemicals Co., Ltd. during the
period 07/01/2022 through 06/30/2023,’’ dated July
22, 2024; ‘‘Xanthan Gum from the People’s
Republic of China; No Shipment Inquiry for
Langfang Meihua Bio-Technology Co., Ltd.;
Xinjiang Meihua Amino Acid Co., Ltd.; Meihua
Group International Trading (Hong Kong) Limited
during the period 07/01/2022 through 06/30/2023,’’
dated July 22, 2024; and ‘‘Xanthan Gum from the
People’s Republic of China; No Shipment Inquiry
for Deosen Biochemical (Ordos) Ltd.; Deosen
Biochemical Ltd. during the period 07/01/2022
through 06/30/2023,’’ dated July 22, 2024.
9 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011); and the ‘‘Assessment
Rates’’ section, infra.
10 See Petitioner’s Letters, ‘‘Withdrawal of
Request for Review,’’ dated August 17, 2023;
‘‘Petitioner’s Withdrawal of Certain Requests for
Administrative Review,’’ dated September 19, 2023;
and ‘‘Petitioner’s Withdrawal of Certain Requests
for Administrative Review,’’ dated September 22,
2023.
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Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Notices
administrative review of itself.11
Because no other party requested a
review of these companies, consistent
with 19 CFR 351.213(d)(1), Commerce is
rescinding this review, in part, with
respect to Henan Sinowin, Meihua,
Qingdao Yalai, Foodchem Biotech Co.
Ltd. and Shanghai Cy-Everlasting.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). We calculated constructed
export price in accordance with section
772 of the Act. Because China is an
NME country within the meaning of
section 771(18) of the Act, we calculated
normal value in accordance with section
773(c) of the Act. For a full description
of the methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum.
Separate Rates
Commerce preliminarily determines
that two non-individually examined
companies are eligible for separate rates
in this administrative review.12 The Act
and Commerce’s regulations do not
address the establishment of a separate
rate to be applied to companies 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 separate-rate
respondents which Commerce did not
examine individually in an
administrative review. Section
735(c)(5)(A) of the Act states that the allothers rate should be calculated by
averaging the weighted-average
dumping margins calculated for
individually-examined respondents,
excluding dumping margins that are
zero, de minimis, or based entirely on
facts available. In this review,
Commerce preliminarily found a zero
rate for Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka Inner
Mongolia Fufeng Biotechnologies Co.,
Ltd.)/Shandong Fufeng Fermentation
Co., Ltd./Xinjiang Fufeng
Biotechnologies Co., Ltd. Therefore, the
only rate that is not zero, de minimis or
based entirely on facts otherwise
available is the rate calculated for
Deosen Biochemical (Ordos) Ltd.
Consequently, the rate calculated for
Deosen Biochemical (Ordos) Ltd. is also
assigned as the rate for all other
producers and exporters.
China-Wide Entity
Under Commerce’s policy regarding
the conditional review of the China-
wide entity,13 the China-wide entity
will not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 154.07 percent) is not
subject to change.14
Aside from Deosen Biochemical Ltd.
and Shanghai Smart, for which we
preliminarily find no shipments, and
Henan Sinowin, Meihua, Qingdao Yalai,
and Foodchem Biotech Co., Ltd. and
Shanghai Cy-Everlasting, for which this
review is being rescinded, Commerce
considers all other companies for which
a review was requested and did not
demonstrate separate rate eligibility to
be part of the China-wide entity.15 For
these preliminary results, we consider
the companies listed in Appendix II to
be part of the China-wide entity because
they did not file separate rate
applications or certifications. For
additional information, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the POR July 1, 2022,
through June 30, 2023:
Weighted-average
dumping margin
(percent)
Exporter
Deosen Biochemical (Ordos) Ltd ................................................................................................................................................
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd ................................................................................................
1.56
0.00
Non-Individually Examined Companies Receiving a Separate Rate
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Jianlong Biotechnology Co., Ltd. (formerly, Inner Mongolia Jianlong Biochemical Co., Ltd) .....................................................
CP Kelco (Shandong) Biological Company Limited ....................................................................................................................
1.56
1.56
Disclosure
Verification
Commerce intends to disclose its
calculations performed to interested
parties for these preliminary results
within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
As provided in section 782(i)(3) of the
Act, because Commerce has received a
timely request to conduct verification by
an interested party and has not made a
verification in the two immediately
preceding reviews, Commerce intends
to verify certain information reported by
Deosen Biochemical (Ordos) Ltd. and
Neimenggu Fufeng Biotechnologies Co.,
Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.)/Shandong
Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd.16
Public Comment: Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs to Commerce no later
than seven days after the date on which
the last verification report is issued in
this review. Rebuttal briefs, limited to
11 See Meihua’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated September 21,
2023.
12 See Preliminary Decision Memorandum at the
‘‘Separate Rate Determination’’ section for more
details.
13 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
14 See Order, 78 FR at 43144.
15 See Initiation Notice, 87 FR at 54464 (‘‘All
firms listed below that wish to qualify for separate
rate status in the administrative reviews involving
NME countries must complete, as appropriate,
either a separate rate application or certification, as
described below.’’).
16 See Petitioner’s Letter, ‘‘Verification Request,’’
dated December 20, 2023; see also Xanthan Gum
From the People’s Republic of China: Final Results
of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2015–
2016, 83 FR 6513 (February 14, 2018), and
accompanying IDM.
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issues raised in the case briefs, may be
filed not later than five days after the
date for filing case briefs.17 Interested
parties who submit case briefs or
rebuttal briefs in this proceeding must
submit: (1) a table of contents listing
each issue; and (2) a table of
authorities.18
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.19 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this administrative
review. We request that interested
parties include footnotes for relevant
citations in the executive summary of
each issue. Note that Commerce has
amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).20
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
17 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
18 See 19 351.309(c)(2) and (d)(2).
19 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
20 See APO and Service Final Rule, 88 FR at
67079; see also 19 CFR 351.303 (for general filing
requirements).
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17:23 Aug 22, 2024
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analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review in the
Federal Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
review, Commerce will determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review.21 Commerce intends to issue
appropriate assessment instructions to
CBP 35 days after the publication 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).
We will calculate importer/customerspecific assessment rates equal to the
ratio of the total amount of dumping
calculated for examined sales to a
particular importer/customer to the total
entered value of those sales, in
accordance with 19 CFR 351.212(b)(1).22
Where the respondent reported reliable
entered values, Commerce intends to
calculate importer/customer-specific ad
valorem assessment rates by dividing
the total amount of dumping calculated
for all reviewed U.S. sales to the
importer/customer by the total entered
value of the merchandise sold to the
importer/customer.23 Where the
respondent did not report entered
values, Commerce will calculate
importer/customer-specific assessment
rates by dividing the total amount of
dumping calculated for all reviewed
U.S. sales to the importer/customer by
the total quantity of those sales.
Commerce will calculate an estimated
ad valorem importer/customer-specific
assessment rate to determine whether
the per-unit assessment rate is de
minimis; however, Commerce will use
the per-unit assessment rate where
entered values were not reported.24
Where an importer/customer-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 ad valorem weightedaverage dumping margin is zero or de
21 See
19 CFR 351.212(b)(1).
applied the assessment rate calculation
method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
FR 8101 (February 14, 2012).
23 See 19 CFR 351.212(b)(1).
24 Id.
22 We
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68139
minimis, or an importer/customerspecific ad valorem assessment rate is
zero or de minimis,25 Commerce will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
For respondents not individually
examined in this administrative review
that qualified for a separate rate, the
assessment rate will be equal to the
weighted-average dumping margin
assigned to the respondent in the final
results of this review.26
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by a respondent individually
examined during this review, Commerce
will instruct CBP to liquidate the entry
of such merchandise at the dumping
margin assigned to the China-wide
entity (i.e., 154.07 percent).27
Additionally, where Commerce
determines that an exporter under
review had no shipments of subject
merchandise to the United States during
the POR, any suspended entries of
subject merchandise that entered under
that exporter’s CBP case number during
the POR will be liquidated at the
dumping margin assigned to the Chinawide entity (i.e., 154.07 percent).28
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of xanthan gum from China
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) for
companies granted a separate rate in the
final results of this review, the cash
deposit rate will be equal to the
25 See
19 CFR 351.106(c)(2).
Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: 2014–
2015, 81 FR 29528 (May 12, 2016), and
accompanying Preliminary Decision Memorandum
at 10–11, unchanged in Drawn Stainless Steel Sinks
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014–2015, 81 FR
54042 (August 15, 2016).
27 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011); see also Order, 78 FR at 43144.
28 See Order, 78 FR at 43144.
26 See
E:\FR\FM\23AUN1.SGM
23AUN1
68140
Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Notices
weighted-average dumping margin
established in the final results of this
review for the company (except, if the
rate is zero or de minimis, then a cash
deposit rate of zero will be required); (2)
for previously investigated or reviewed
China and non-China exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (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 for the
China-wide entity, which is 154.07
percent; 29 and (4) for all non-China
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to China exporter(s) that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Appendix II—Companies Determined
To Be Part of the China-Wide Entity
1. A.H.A. International Co., Ltd.
2. East Chemsources Ltd.
3. Far East International Forwarding
Company
4. Foodchem Biotech Pte. Ltd.
5. Greenhealth International Co., Ltd. (Hong
Kong)
6. Guangzhou Zio Chemical Co., Ltd.
7. Hangzhou Yuanjia Chemical Co., Ltd.
8. Hebei Xinhe Biochemical Co., Ltd.
9. Nanotech Solutions SDN BHD
10. Pingxiang Omni Trading Co., Ltd.
11. Shaanxi Rainwood Biotech Co., Ltd.
12. Shanghai Tianjia Biochemical Co., Ltd.
13. Shanxi Reliance Chemicals Co., Ltd.
14. The TNN Development Ltd.
15. Tianjin Okay International Trading Co.,
Ltd.
16. Unibest Industrial Co., Ltd.
17. Unionchem Corp. Ltd.
18. Wanping Bio Chem Co., Ltd.
19. Weifang Hongyuan Chemical Co., Ltd.
20. Zhejiang Joston Machinery Company
[FR Doc. 2024–19020 Filed 8–22–24; 8:45 am]
BILLING CODE 3510–DS–P
Notification to Importers
This notice also serves as a
preliminary 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 review
period. Failure to comply with this
requirement could result in the
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
these preliminary results in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213(d)(4) and
351.221(b)(4).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
khammond on DSKJM1Z7X2PROD with NOTICES
29 See
Order, 78 FR at 43144.
VerDate Sep<11>2014
17:23 Aug 22, 2024
Jkt 262001
International Trade Administration
Announcement of Postponement of
Approved International Trade
Administration Trade Mission
International Trade
Administration, Department of
Commerce.
AGENCY:
The United States Department
of Commerce, International Trade
Administration (ITA), is announcing the
postponement of the Sub-Saharan Africa
Rail and Port (SSARP) Trade Mission to
South Africa and Angola, announced in
the Notice published in the Federal
Register on May 3, 2024.
SUMMARY:
SUPPLEMENTARY INFORMATION:
The Department of Commerce is
postponing the Sub-Saharan Africa Rail
and Port Trade Mission to South Africa
and Angola announced May 03, 2024
(89 FR 36756) as scheduled for August
19–24, 2024. The Sub-Saharan Africa
Rail and Port Trade Mission to South
Africa and Angola has been postponed
to 2025 with the specific dates to be
confirmed. ITA will publish another
announcement with the dates once
confirmed.
Contact Information
Luke Yanos, Senior International Trade
Specialist, U.S. Commercial Service
Chicago, +1 (872) 327–8038,
Luke.Yanos@trade.gov
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Gemal Brangman,
Director, ITA Events Management Task Force.
[FR Doc. 2024–18882 Filed 8–22–24; 8:45 am]
BILLING CODE 3510–Dr–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE195]
New England Fishery Management
Council; Public Meeting
Background
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Preliminary Determination of No
Shipments
VI. Single Entity Treatment
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
DEPARTMENT OF COMMERCE
Matthew Case, Commercial Officer, U.S.
Commercial Service Boston, +1 (617)
565–4309, Matthew.Case@trade.gov
Michel E. Nouafo, Senior International
Trade Specialist, U.S. Commercial
Service Cleveland, +1 (216) 695–5338,
Michel.Nouafo@trade.gov
Forrest Nielsen, International Trade
Specialist, Industry & Analysis, +1
(202) 839–2363, Forrest.Nielsen@
trade.gov
Mashal Shabbir, Desk Officer, Global
Markets, Mashal.Shabbir@trade.gov
Ian Cook, International Trade Specialist,
Industry & Analysis, +1 (202) 617–
5303, Ian.Cook@trade.gov
Heather McLeod, Commercial Officer,
U.S. Commercial Service Luanda,
Heather.Mcleod@trade.gov
Mauro Fonseca, Commercial Assistant,
U.S. Commercial Service Luanda,
Mauro.Fonseca@trade.gov
Juanita Harthun, Automotive and Smart
Mobility Team Leader, U.S.
Commercial Service Charlotte,
Juanita.Harthun@trade.gov
Richard Boll, Senior International Trade
Specialist, Industry & Analysis,
Richard.Boll@trade.gov
Ryan Russell, Director, U.S. Commercial
Service Pittsburgh, Ryan.Russell@
trade.gov
John Tracy, Senior International Trade
Specialist, ,U.S. Commercial Service
Syracuse, John.Tracy@trade.gov
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a joint public meeting of its
Monkfish Committee and Advisory
Panel via webinar to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This webinar will be held on
Monday, September 9, 2024, at 1 p.m.
SUMMARY:
E:\FR\FM\23AUN1.SGM
23AUN1
Agencies
[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Notices]
[Pages 68136-68140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19020]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review, Rescission, in Part,
and Preliminary Determination of No Shipments; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 68137]]
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that one of the exporters subject to this antidumping duty
administrative review made sales of subject merchandise at less than
normal value, one of the exporters subject to this antidumping duty
administrative review did not make sales of subject merchandise at less
than normal value, and that two companies, Shanghai Smart Chemicals Co.
Ltd. (Shanghai Smart), and Deosen Biochemical Ltd., had no shipments of
subject merchandise during the period of review (POR) July 1, 2022,
through June 30, 2023. In addition, we are rescinding this review, in
part, with respect to five companies. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 23, 2024.
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 July 3, 2023, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on xanthan gum from the People's Republic of
China (China).\1\ Between July 27 and 31, 2023, Commerce received
requests to conduct administrative reviews.\2\ Commerce published the
Initiation Notice of this administrative review on September 11, 2023,
where we initiated a review for 34.\3\ On March 1, 2024, Commerce
extended the deadline for these preliminary results to July 30,
2024.\4\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\5\ The deadline for these
preliminary results is now August 6, 2024.
---------------------------------------------------------------------------
\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); and Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity To Request Administrative Review and Join Annual Inquiry
Service List, 88 FR 42693 (July 3, 2023).
\2\ Additionally, we note that review requests were filed for
two separate companies with minor variations in their names: Shaanxi
Rainwood Biotech Co., Ltd.; and Shaanxi Rainwood Biotech Co. Ltd.
Accordingly, Commerce initiated this administrative review with
respect to the 33 companies. See Jianlong Biotechnology Co. Ltd.
(formerly, Inner Mongolia Jianlong Biochemical Co., Ltd.)'s Letter,
``Request for Administrative Review,'' dated July 31, 2023; see also
Meihua Group International Trading (Hong Kong) and Xinjiang Meihua
Amino Acid Co., Ltd.'s Letter, ``Request for Administrative
Review,'' dated July 31, 2023; Deosen Biochemical (Ordos) Ltd.'s
Letter, ``Request for Administrative Review,'' dated July 27, 2023;
CP Kelco US, Inc.'s (the petitioner) Letter, ``Petitioner's Request
for Administrative Review,'' dated July 31, 2023; Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies
Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng
Biotechnologies Co., Ltd.'s Letter, ``Request for Antidumping
Administrative Review,'' dated July 31, 2023; and SAM HPRP
Chemicals, Inc.'s Letter, ``Request for Administrative Review,''
dated July 28, 2023.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation
Notice).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 1,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that occurred following
the initiation of the review, see the Preliminary Decision
Memorandum.\6\ A list of topics discussed in the Preliminary Decision
Memorandum is included in Appendix I. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative 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
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the 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 Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
Between September and October 2023, Meihua Group International
Trading (Hong Kong) Limited/Langfang Meihua Biotechnology Co., Ltd./
Xinjiang Meihua Amino Acid Co., Ltd. (collectively, Meihua), Shanghai
Smart, and Deosen Biochemical Ltd. filed timely certifications that
they had no exports, shipments, sales, or entries of subject
merchandise to the United States during the POR.\7\ Based on
information obtained from U.S. Customs and Border Protection (CBP) and
on Deosen Biochemical Ltd.'s, Meihua's, and Shanghai Smart's no-
shipment certifications, Commerce preliminarily determines that Deosen
Biochemical Ltd. and Shanghai Smart had no shipments of subject
merchandise during the POR.\8\
---------------------------------------------------------------------------
\7\ See Deosen Biochemical Ltd.'s Letter, ``No Shipment
Certification of Deosen Biochemical Ltd.,'' dated October 11, 2023;
see also Shanghai Smart Chemicals Co. Ltd.'s Letter, ``No Shipment
Certification,'' dated September 25, 2023; and Meihua's Letter, ``No
Shipment Certification,'' dated September 21, 2023.
\8\ See Memoranda, ``Xanthan Gum from the People's Republic of
China; No Shipment Inquiry for Shanghai Smart Chemicals Co., Ltd.
during the period 07/01/2022 through 06/30/2023,'' dated July 22,
2024; ``Xanthan Gum from the People's Republic of China; No Shipment
Inquiry for Langfang Meihua Bio-Technology Co., Ltd.; Xinjiang
Meihua Amino Acid Co., Ltd.; Meihua Group International Trading
(Hong Kong) Limited during the period 07/01/2022 through 06/30/
2023,'' dated July 22, 2024; and ``Xanthan Gum from the People's
Republic of China; No Shipment Inquiry for Deosen Biochemical
(Ordos) Ltd.; Deosen Biochemical Ltd. during the period 07/01/2022
through 06/30/2023,'' dated July 22, 2024.
---------------------------------------------------------------------------
Consistent with Commerce's practice in non-market economy (NME)
cases, we are not rescinding this administrative review with respect to
Deosen Biochemical Ltd. and Shanghai Smart but intend to complete the
review and issue appropriate instructions to CBP based on the final
results of the review.\9\
---------------------------------------------------------------------------
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); and the
``Assessment Rates'' section, infra.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested a review withdraw their requests within 90 days of the
publication date of the notice of initiation of the requested review in
the Federal Register. Between August and September 2023, the petitioner
timely withdrew its request for an administrative review of the
following companies: Henan Sinowin Chemical Industry Co., Ltd. (Henan
Sinowin); Meihua; Qingdao Yalai Chemical Co., Ltd. (Qingdao Yalai);
Foodchem Biotech Co., Ltd.; and Shanghai Cy-Everlasting Imp. & Exp.
Co., Ltd. (Shanghai Cy-Everlasting).\10\ On September 21, 2023, Meihua
withdrew its request for an
[[Page 68138]]
administrative review of itself.\11\ Because no other party requested a
review of these companies, consistent with 19 CFR 351.213(d)(1),
Commerce is rescinding this review, in part, with respect to Henan
Sinowin, Meihua, Qingdao Yalai, Foodchem Biotech Co. Ltd. and Shanghai
Cy-Everlasting.
---------------------------------------------------------------------------
\10\ See Petitioner's Letters, ``Withdrawal of Request for
Review,'' dated August 17, 2023; ``Petitioner's Withdrawal of
Certain Requests for Administrative Review,'' dated September 19,
2023; and ``Petitioner's Withdrawal of Certain Requests for
Administrative Review,'' dated September 22, 2023.
\11\ See Meihua's Letter, ``Withdrawal of Request for
Administrative Review,'' dated September 21, 2023.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated constructed export price in accordance with section 772 of
the Act. Because China is an NME country within the meaning of section
771(18) of the Act, we calculated normal value in accordance with
section 773(c) of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum.
Separate Rates
Commerce preliminarily determines that two non-individually
examined companies are eligible for separate rates in this
administrative review.\12\ The Act and Commerce's regulations do not
address the establishment of a separate rate to be applied to companies
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 separate-rate
respondents which Commerce did not examine 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 calculated for individually-examined respondents,
excluding dumping margins that are zero, de minimis, or based entirely
on facts available. In this review, Commerce preliminarily found a zero
rate for Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia
Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co.,
Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. Therefore, the only rate
that is not zero, de minimis or based entirely on facts otherwise
available is the rate calculated for Deosen Biochemical (Ordos) Ltd.
Consequently, the rate calculated for Deosen Biochemical (Ordos) Ltd.
is also assigned as the rate for all other producers and exporters.
---------------------------------------------------------------------------
\12\ See Preliminary Decision Memorandum at the ``Separate Rate
Determination'' section for more details.
---------------------------------------------------------------------------
China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\13\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 154.07 percent) is not subject to change.\14\
---------------------------------------------------------------------------
\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\14\ See Order, 78 FR at 43144.
---------------------------------------------------------------------------
Aside from Deosen Biochemical Ltd. and Shanghai Smart, for which we
preliminarily find no shipments, and Henan Sinowin, Meihua, Qingdao
Yalai, and Foodchem Biotech Co., Ltd. and Shanghai Cy-Everlasting, for
which this review is being rescinded, Commerce considers all other
companies for which a review was requested and did not demonstrate
separate rate eligibility to be part of the China-wide entity.\15\ For
these preliminary results, we consider the companies listed in Appendix
II to be part of the China-wide entity because they did not file
separate rate applications or certifications. For additional
information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\15\ See Initiation Notice, 87 FR at 54464 (``All firms listed
below that wish to qualify for separate rate status in the
administrative reviews involving NME countries must complete, as
appropriate, either a separate rate application or certification, as
described below.'').
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the POR July 1, 2022, through June 30, 2023:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Deosen Biochemical (Ordos) Ltd...................... 1.56
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 0.00
Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
Shandong Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd....................
------------------------------------------------------------------------
Non-Individually Examined Companies Receiving a Separate Rate
------------------------------------------------------------------------
Jianlong Biotechnology Co., Ltd. (formerly, Inner 1.56
Mongolia Jianlong Biochemical Co., Ltd)............
CP Kelco (Shandong) Biological Company Limited...... 1.56
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b).
Verification
As provided in section 782(i)(3) of the Act, because Commerce has
received a timely request to conduct verification by an interested
party and has not made a verification in the two immediately preceding
reviews, Commerce intends to verify certain information reported by
Deosen Biochemical (Ordos) Ltd. and Neimenggu Fufeng Biotechnologies
Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies
Co., Ltd.\16\
---------------------------------------------------------------------------
\16\ See Petitioner's Letter, ``Verification Request,'' dated
December 20, 2023; see also Xanthan Gum From the People's Republic
of China: Final Results of the Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2015-2016, 83 FR
6513 (February 14, 2018), and accompanying IDM.
---------------------------------------------------------------------------
Public Comment: Pursuant to 19 CFR 351.309(c)(1)(ii), interested
parties may submit case briefs to Commerce no later than seven days
after the date on which the last verification report is issued in this
review. Rebuttal briefs, limited to
[[Page 68139]]
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\17\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\18\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\18\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\19\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\20\
---------------------------------------------------------------------------
\19\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\20\ See APO and Service Final Rule, 88 FR at 67079; see also 19
CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\21\ Commerce intends to issue
appropriate assessment instructions to CBP 35 days after the
publication 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).
---------------------------------------------------------------------------
\21\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
We will calculate importer/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\22\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\23\ Where the respondent did
not report entered values, Commerce will calculate importer/customer-
specific assessment rates by dividing the total amount of dumping
calculated for all reviewed U.S. sales to the importer/customer by the
total quantity of those sales. Commerce will calculate an estimated ad
valorem importer/customer-specific assessment rate to determine whether
the per-unit assessment rate is de minimis; however, Commerce will use
the per-unit assessment rate where entered values were not
reported.\24\ Where an importer/customer-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 ad valorem weighted-average dumping margin is zero or de
minimis, or an importer/customer-specific ad valorem assessment rate is
zero or de minimis,\25\ Commerce will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\22\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\23\ See 19 CFR 351.212(b)(1).
\24\ Id.
\25\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For respondents not individually examined in this administrative
review that qualified for a separate rate, the assessment rate will be
equal to the weighted-average dumping margin assigned to the respondent
in the final results of this review.\26\
---------------------------------------------------------------------------
\26\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying Preliminary Decision
Memorandum at 10-11, unchanged in Drawn Stainless Steel Sinks from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity (i.e., 154.07 percent).\27\ Additionally,
where Commerce determines that an exporter under review had no
shipments of subject merchandise to the United States during the POR,
any suspended entries of subject merchandise that entered under that
exporter's CBP case number during the POR will be liquidated at the
dumping margin assigned to the China-wide entity (i.e., 154.07
percent).\28\
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\27\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011); see also Order, 78 FR at 43144.
\28\ See Order, 78 FR at 43144.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of xanthan gum from China entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
notice of the final results of this administrative review in the
Federal Register, as provided for by section 751(a)(2)(C) of the Act:
(1) for companies granted a separate rate in the final results of this
review, the cash deposit rate will be equal to the
[[Page 68140]]
weighted-average dumping margin established in the final results of
this review for the company (except, if the rate is zero or de minimis,
then a cash deposit rate of zero will be required); (2) for previously
investigated or reviewed China and non-China exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing exporter-
specific rate; (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 for the China-wide entity, which is 154.07
percent; \29\ and (4) for all non-China exporters of subject
merchandise that have not received their own rate, the cash deposit
rate will be the rate applicable to China exporter(s) that supplied
that non-China exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
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\29\ See Order, 78 FR at 43144.
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Notification to Importers
This notice also serves as a preliminary 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 review period. Failure to comply
with this requirement could result in the Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Single Entity Treatment
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
Appendix II--Companies Determined To Be Part of the China-Wide Entity
1. A.H.A. International Co., Ltd.
2. East Chemsources Ltd.
3. Far East International Forwarding Company
4. Foodchem Biotech Pte. Ltd.
5. Greenhealth International Co., Ltd. (Hong Kong)
6. Guangzhou Zio Chemical Co., Ltd.
7. Hangzhou Yuanjia Chemical Co., Ltd.
8. Hebei Xinhe Biochemical Co., Ltd.
9. Nanotech Solutions SDN BHD
10. Pingxiang Omni Trading Co., Ltd.
11. Shaanxi Rainwood Biotech Co., Ltd.
12. Shanghai Tianjia Biochemical Co., Ltd.
13. Shanxi Reliance Chemicals Co., Ltd.
14. The TNN Development Ltd.
15. Tianjin Okay International Trading Co., Ltd.
16. Unibest Industrial Co., Ltd.
17. Unionchem Corp. Ltd.
18. Wanping Bio Chem Co., Ltd.
19. Weifang Hongyuan Chemical Co., Ltd.
20. Zhejiang Joston Machinery Company
[FR Doc. 2024-19020 Filed 8-22-24; 8:45 am]
BILLING CODE 3510-DS-P