Notice2024-07859
Xanthan Gum From the People's Republic of China: Continuation of 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
April 15, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on xanthan gum from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of this AD order.
Full Text
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<title>Federal Register, Volume 89 Issue 73 (Monday, April 15, 2024)</title>
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[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26129-26130]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07859]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Continuation of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on xanthan gum from
the People's Republic of China (China) would likely lead to the
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of this AD order.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT: Luke Caruso, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2081.
SUPPLEMENTARY INFORMATION:
Background
On July 19, 2013, Commerce published in the Federal Register the AD
order on xanthan gum from China.\1\ On October 2, 2023, the ITC
instituted,\2\ and Commerce initiated,\3\ the sunset review of the
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended
(the Act). As a result of its review, Commerce determined that
revocation of the Order would likely lead to the continuation or
recurrence of dumping, and therefore, notified the ITC of the magnitude
of the margins of dumping likely to prevail should the Order be
revoked.\4\
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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, 2023) (Order).
\2\ See Xanthan Gum From China; Institution of a Five-Year
Review, 88 FR 67809 (October 2, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 67729
(October 2, 2023).
\4\ See Xanthan Gum from the People's Republic of China: Final
Results of the Expedited Second Sunset Review of the Antidumping
Duty Order, 89 FR 7363 (February 2, 2024), and accompanying Issues
and Decision Memorandum.
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On April 5, 2024, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Xanthan Gum from China; Determination, 89 FR 24033
(April 5, 2024) (ITC Final Determination).
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Scope of the Order
The scope of this order covers dry xanthan gum, whether or not
coated or blended with other products. Further, xanthan gum is included
in this order regardless of physical form, including, but not limited
to, solutions, slurries, dry powders of any particle size, or unground
fiber.
Xanthan gum that has been blended with other product(s) is included
in this scope when the resulting mix contains 15 percent or more of
xanthan gum by dry weight. Other products with which xanthan gum may be
blended include, but are not limited to, sugars, minerals, and salts.
Xanthan gum is a polysaccharide produced by aerobic fermentation of
Xanthomonas campestris. The chemical structure of the repeating
pentasaccharide monomer unit consists of a backbone of two P-1,4-D-
Glucose monosaccharide units, the second with a trisaccharide side
chain consisting of P-D-Mannose-(1,4)-P-DGlucuronic acid-(1,2)-a-D-
Mannose monosaccharide units. The terminal mannose may be pyruvylated
and the internal mannose unit may be acetylated.
Merchandise covered by the scope of this order is classified in the
Harmonized Tariff Schedule (``HTS'') of the United States at
subheadings 3913.90.20, 3913.90.2015, and 3824.99.4900. This tariff
classification is provided for convenience and customs purposes;
however, the written description of the scope is dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to continuation or recurrence
of dumping, and material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act, Commerce hereby orders the
continuation of the Order. U.S. Customs and Border Protection will
continue to collect AD cash deposits at the rates in effect at the time
of entry for all imports of subject merchandise.
[[Page 26130]]
The effective date of the continuation of the Order will be April
5, 2024.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Order not later than 30 days prior to fifth anniversary of the
date of the last determination by the ITC.
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\6\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
This five-year (sunset) review and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: April 9, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-07859 Filed 4-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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