Notice2024-02140
Xanthan Gum From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order
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 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on xanthan gum from the People's Republic of China (China) would likely lead to continuation or recurrence of dumping at the level indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 89 Issue 23 (Friday, February 2, 2024)</title>
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[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Page 7363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02140]
[[Page 7363]]
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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
the Expedited Second Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the antidumping duty (AD) order on xanthan gum from the
People's Republic of China (China) would likely lead to continuation or
recurrence of dumping at the level indicated in the ``Final Results of
Sunset Review'' section of this notice.
DATES: Applicable February 2, 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 the order on xanthan gum from
China.\1\ On October 2, 2023, Commerce published the notice of
initiation of this second sunset review of the Order, pursuant to
section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).\2\
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\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).
\2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 67729
(October 2, 2023).
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In October 2023, we received a notice of intent to participate,
consistent with 19 CFR 351.218(d), from CP Kelco U.S., Inc. (CP Kelco),
a domestic interested party.\3\ CP Kelco claimed domestic interested
party status under section 771(9)(C) of the Act as a producer of
xanthan gum in the United States.\4\ Subsequently, on November 1, 2023,
CP Kelco submitted a substantive response pursuant to 19 CFR
351.218(d)(3)(i).\5\ Commerce received no responses from respondent
interested parties with respect to the Order covered by this sunset
review. Consequently, Commerce notified the U.S. International Trade
Commission (ITC),\6\ and conducted an expedited (120-day) sunset review
of the Order.\7\
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\3\ See Domestic Interested Party's Letter, ``Xanthan Gum from
the People's Republic of China--Notice of Intent to Participate in
Sunset Review,'' dated October 18, 2023 (Notice of Intent to
Participate); see also Petitioner's Letter, ``Request to File Out of
Time due to Extraordinary Circumstances,'' dated October 18, 2023;
and Commerce's Letter, ``Acceptance of Notice of Intent to
Participate,'' dated October 20, 2023. Because Commerce granted CP
Kelco's request for an extension to file its notice of intent to
participate, we consider CP Kelco's request to be timely filed
pursuant to 19 CFR 351.218(d)(l)(i).
\4\ See Notice of Intent to Participate at 1.
\5\ See Domestic Interested Party's Letter, ``Xanthan Gum from
the People's Republic of China: Second Five Year (``Sunset'') Review
of Antidumping Duty Order--Domestic Industry Substantive Response,''
dated November 1, 2023.
\6\ See Commerce's Letter, ``Sunset Reviews Initiated on October
2, 2023,'' dated October 24, 2023; see also 19 CFR
351.218(e)(1)(ii)(C)(1).
\7\ See 19 CFR 351.218(e)(1)(ii)(C)(2).
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Scope of the Order
The scope of the Order is xanthan gum. For a complete description
of the scope of this Order, see the Issues and Decision Memorandum.\8\
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Second Sunset 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
(Issues and Decision Memorandum).
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Analysis of Comments Received
A complete discussion of all issues raised in this sunset review
are addressed in the accompanying Issues and Decision Memorandum,
specifically the likelihood of continuation or recurrence of dumping
and the magnitude of the dumping margins likely to prevail if the Order
were revoked.\9\ A list of topics discussed in the Issues and Decision
Memorandum is included as an 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="http://access.trade.gov">http://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>.
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\9\ Id.
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Final Results of Sunset Review
Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to continuation or recurrence of dumping, and that the magnitude
of the dumping margin likely to prevail would be up to 154.07
percent.\10\
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\10\ See Xanthan Gum from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 78 FR 33351, 33353
(June 4, 2013), unchanged in Order, 78 FR at 43144.
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Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
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). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective orders 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
We are issuing and publishing the final results of this sunset
review in accordance with sections 751(c), 752(c), and 777(i)(1) of the
Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: January 29, 2024.
Abdelali Elouaradia,
Deputy 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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margin of Dumping Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2024-02140 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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