Notice2022-02557
Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that except for one respondent for which Commerce calculated a zero percent dumping margin, the other companies subject to this administrative review either made sales of subject merchandise at prices below normal value (NV) during the period of review (POR) July 1, 2019, through June 30, 2020, did not ship subject merchandise to the United States during the POR, or were not entitled to a separate rate.
Full Text
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<title>Federal Register, Volume 87 Issue 26 (Tuesday, February 8, 2022)</title>
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[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7104-7106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02557]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that except
for one respondent for which Commerce calculated a zero percent dumping
margin, the other companies subject to this administrative review
either made sales of subject merchandise at prices below normal value
(NV) during the period of review (POR) July 1, 2019, through June 30,
2020, did not ship subject merchandise to the United States during the
POR, or were not entitled to a separate rate.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Abdul Alnoor, 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) 482-4554.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2021, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ For details regarding the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\ Commerce conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Xanthan Gum from the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review,
Partial Rescission of the Antidumping Duty Administrative Review,
and Preliminary Determination of No Shipments; 2019-2020, 86 FR
42781 (August 5, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Antidumping Duty Administrative
Review of Xanthan Gum from the People's Republic of China,'' (Issues
and Decision Memorandum), dated concurrently with, and hereby
adopted by, this notice.
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Scope of the Order \3\
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\3\ 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).
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The scope of the Order covers dry xanthan gum, whether or not
coated or blended with other products. For a full description of the
scope, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an appendix. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Shanghai Smart
Chemicals Co., Ltd. did not have shipments of subject merchandise
during the POR. As we received no information to contradict our
preliminary determination with respect to this company, we continue to
find that it made no shipments of subject merchandise to the United
States during the POR.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we corrected
certain ministerial errors in the calculation of Fufeng's,\4\ one of
the mandatory respondents, weighted-average dumping margin. For a
discussion of these changes, see the Issues and Decision Memorandum.
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\4\ Fufeng refers to a single entity, which includes: Neimenggu
Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.); Shandong Fufeng Fermentation Co., Ltd.;
and Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively,
Fufeng).
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Separate Rates
No parties commented on our preliminary separate rate findings.
Therefore, we have continued to grant Meihua \5\ and Fufeng (the
mandatory respondents), and two other companies/company groups listed
in the ``Final Results of Review'' section below separate rate status.
However, we have continued to deny separate rate status to
[[Page 7105]]
A.H.A. International Co., Ltd., Hebei Xinhe Biochemical Co., Ltd.,
Greenhealth International Co., Ltd. (Hong Kong), and Nanotech Solutions
SDN BHD.
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\5\ Meihua refers to a single entity, which includes: Meihua
Group International Trading (Hong Kong) Limited; Langfang Meihua
Biotechnology Co., Ltd.; and Xinjiang Meihua Amino Acid Co., Ltd.
(collectively, Meihua).
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Rate for Non-Examined Separate Rate Respondents
The statute and Commerce's regulations do not address what rate to
apply to respondents 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 non-selected respondents that are not examined 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 for individually-examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available. When the rates for individually examined companies are all
zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all others rate.
We calculated a zero percent dumping margin for one of the
mandatory respondents in this review, Fufeng, and we based the other
mandatory respondent, Meihua's, dumping margin on total AFA. Therefore,
we assigned the separate rate respondents a dumping margin equal to the
simple average of the dumping margins for Fufeng and Meihua, consistent
with the guidance in section 735(c)(5)(B) of the Act.\6\
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\6\ See Issues and Decision Memorandum for the discussion of
this issue.
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Final Results of Review
We are assigning the following dumping margins to the firms listed
below for the period July 1, 2019, through June 30, 2020:
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Weighted-average
Exporter dumping margins
(percentage)
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Meihua Group International Trading (Hong Kong) 154.07
Limited/Langfang Meihua Biotechnology Co., Ltd./
Xinjiang Meihua Amino Acid Co., Ltd................
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 0.00
Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
Shandong Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd....................
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Review-Specific Average Rate Applicable to the Following Companies:
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Jianlong Biotechnology Co., Ltd. (formerly, Inner 77.04
Mongolia Jianlong Biochemical Co., Ltd)............
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical 77.04
Ltd................................................
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Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
this Federal Register notice, we will disclose to the parties to this
proceeding, the calculations that we performed for these final results
of review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by the final results of this review. Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication date of the final results of this review
in the Federal Register. If a timely summons is filed at the U.S. Court
of International Trade, the assessment instructions will direct CBP not
to liquidate relevant entries until the time for parties to file a
request for a statutory injunction has expired (i.e., within 90 days of
publication).
Where the respondent's weighted-average dumping margin is zero or
de minimis, or where an importer- (or customer-) specific ad valorem or
per-unit rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\7\
For entries that were not reported in the U.S. sales database submitted
by an exporter individually examined during this review, but that
entered under the case number of that exporter (i.e., at the
individually-examined exporter's cash deposit rate), Commerce will
instruct CBP to liquidate such entries at the China-wide rate (i.e.,
154.07 percent).\8\
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\7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\8\ See Order, 78 FR at 43144.
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For any individually-examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific assessment rates on the basis of the ratio
of the total amount of antidumping duties calculated for each
importer's examined sales and the total entered value of the sales, in
accordance with 19 CFR 351.212(b)(1).\9\
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\9\ Id.
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For respondents not individually examined in this administrative
review that qualified for a separate rate, the assessment rate will be
equal to the simple average of the dumping margins assigned to the
mandatory respondents in the final results of this review.
For the respondents not eligible for a separate rate and that are
part of the China-wide entity, we intend to instruct CBP to apply an ad
valorem assessment rate of 154.07 percent (i.e., the China-wide entity
rate) to all entries of subject merchandise during the POR that were
exported by these companies.
Additionally, if Commerce determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number will be liquidated at the
China-wide rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective for
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) For the exporters listed in the table above, the cash deposit
rate will be the rate established in the final results of review that
is listed for the exporter in the table; (2) for previously
investigated or reviewed China and non-China exporters not listed in
the table above
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that have separate rates, the cash deposit rate will continue to be the
existing exporter-specific rate published for the most recent period;
(3) for all China exporters of subject merchandise that have not been
found to be entitled to a separate rate, the cash deposit rate will be
the rate previously established for the China-wide entity, which is
154.07 percent; and (4) for all non-China exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the China exporter that supplied
that non-China exporter. The cash deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
We are issuing these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and 777(i)
of the Act.
Dated: January 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: The Separate Rate
Comment 2: No Shipments for Deosen Biochemical Ltd.
Comment 3: Ministerial Errors in the Calculation of Fufeng's
Margin
Comment 4: Total Adverse Facts Available (AFA) for Meihua
VI. Recommendation
[FR Doc. 2022-02557 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 8, 2022.
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