Notice2023-03157
Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021
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 15, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.), Shandong Fufeng Fermentation Co., Ltd., and Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, Fufeng) sold xanthan gum from the People's Republic of China (China) at less than normal value during the period of review (POR), July 1, 2020, through June 30, 2021. Additionally, we find that Meihua Group International Trading (Hong Kong) Limited, Langfang Meihua Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd. (collectively, Meihua), Jianlong Biotechnology Co., Ltd. (formerly, Inner Mongolia Jianlong Biochemical Co., Ltd) (Jianlong), and Deosen Biochemical (Ordos) Ltd., Deosen Biochemical Ltd. (collectively, Deosen) have each demonstrated that they are eligible for a separate rate. Additionally, Commerce determines that a company for which we initiated a review had no shipments during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 31 (Wednesday, February 15, 2023)</title>
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[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Pages 9861-9863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03157]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.), Shandong Fufeng Fermentation Co., Ltd., and
Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, Fufeng) sold
xanthan gum from the People's Republic of China (China) at less than
normal value during the period of review (POR), July 1, 2020, through
June 30, 2021. Additionally, we find that Meihua Group International
Trading (Hong Kong) Limited, Langfang Meihua Biotechnology Co., Ltd.,
and Xinjiang Meihua Amino Acid Co., Ltd. (collectively, Meihua),
Jianlong Biotechnology Co., Ltd. (formerly, Inner Mongolia Jianlong
Biochemical Co., Ltd) (Jianlong), and Deosen Biochemical (Ordos) Ltd.,
Deosen Biochemical Ltd. (collectively, Deosen) have each demonstrated
that they are eligible for a separate rate. Additionally, Commerce
determines that a company for which we initiated a review had no
shipments during the POR.
DATES: Applicable February 15, 2023.
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 August 5, 2022, Commerce published the Preliminary Results and
invited interested parties to comment on
[[Page 9862]]
those results.\1\ Commerce extended the deadline for the final results
by 60 days until February 1, 2023.\2\ For details regarding the events
that occurred subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\3\ 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; 2020-2021, 87 FR
47970 (August 5, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
the 2020-2021 Antidumping Duty Administrative Review,'' dated
October 31, 2022.
\3\ See Memorandum ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 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 <SUP>4</SUP>
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\4\ 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 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 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 provided in the appendix to this notice. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <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.\5\ As we received no information to contradict our preliminary
determination with respect to Shanghai Smart Chemicals Co. Ltd., we
continue to find that it made no shipments of subject merchandise to
the United States during the POR.
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\5\ See Preliminary Results.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculation for
Fufeng and three other companies/company groups listed below.\6\
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\6\ See Issues and Decision Memorandum.
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Separate Rates
No parties commented on our preliminary separate rate
determination. Therefore, we have continued to grant Fufeng (the sole
mandatory respondent) and three 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 Nanotech
Solutions SDN BHD.
Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results, we determined that Meihua, Jianlong,
and Deosen demonstrated their eligibility for a separate rate. We
received no comment or argument since the issuance of the Preliminary
Results that provide a basis for reconsideration of this determination.
Therefore, for these final results, we continue to find that Meihua,
Jianlong, and Deosen are eligible for a separate rate.
Final Results of Review
We are assigning the following dumping margins to the firms listed
below for the period July 1, 2020, through June 30, 2021:
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Weighted-average
Exporter dumping margins
(percent)
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Neimenggu Fufeng Biotechnologies Co., Ltd. (aka 17.36
Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
Shandong Fufeng Fermentation Co., Ltd./Xinjiang
Fufeng Biotechnologies Co., Ltd....................
Meihua Group International Trading (Hong Kong) 17.36
Limited/Langfang Meihua Biotechnology Co., Ltd./
Xinjiang Meihua Amino Acid Co., Ltd................
Jianlong Biotechnology Co., Ltd. (formerly, Inner 17.36
Mongolia Jianlong Biochemical Co., Ltd)............
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical 17.36
Ltd................................................
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Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
of this notice in the Federal Register, 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).
For Fufeng, Commerce will calculate importer-specific assessment
rates for antidumping duties, in accordance with 19 CFR 351.212(b)(1).
Where the respondent reported reliable entered values, Commerce intends
to calculate importer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer and dividing this amount by the total entered value of the
merchandise sold to the importer.\7\ Where the respondent did not
report entered values, Commerce will calculate importer-specific
assessment rates by dividing the amount of dumping for reviewed sales
to the imported by the total quantity of those sales. Commerce will
calculate an
[[Page 9863]]
estimated ad valorem importer-specific assessment rate to determine
whether the per-unit assessment rate is de minimis (i.e., 0.50
percent); however, Commerce will use the per-unit assessment rate where
entered values were not reported.\8\ Where an importer-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 weighted average dumping
margin is zero or de minimis, or an importer-specific ad valorem
assessment rate is zero or de-minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.
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\7\ See 19 CFR 351.212(b)(1).
\8\ Id.
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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 entity rate
(i.e., 154.07 percent).\9\
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\9\ See Order.
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For respondents not individually examined in this administrative
review that qualified for a separate rate (i.e., Meihua, Jianlong, and
Deosen), the assessment rate will be the dumping margin assigned to the
sole mandatory respondent (i.e., Fufeng) 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 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) 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.
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: February 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
Comment 1: Whether Commerce Should Directly Value Energy Factors
of Production (FOP) in Its Normal Value (NV) Calculation
Comment 2: Whether Commerce Should Assign Facts Available for
Fufeng's Supplier Distances
Comment 3: Whether Commerce Should Allow and Assign a Cap for
Certain By-Products
Comment 4: Whether Commerce Should Correct Certain Clerical
Errors in the Preliminary Results
Comment 5: Whether Commerce Should Modify its Calculation of
Ocean Freight Surrogate Value (SV)
Comment 6: Whether Commerce Should Use Rani Transport Data
Instead of World Bank's Doing Business Data for Calculating Truck
Freight SV
Comment 7: Whether Commerce Should Not Deduct Section 301 Duties
From the U.S. Price
Comment 8: Whether Commerce's Application of the Cohen's d Test
is Unsupported by Substantial Evidence and Controlling Law
Comment 9: Whether Commerce Should Analyze Meihua's Voluntary
Response and Provide a Calculation for Meihua
V. Recommendation
[FR Doc. 2023-03157 Filed 2-14-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 15, 2023.
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