Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Notices 65143 

1See Xanthan Gum from the People’s Republic of 

China: Preliminary Results of the Antidumping 

Duty Administrative Review, and Preliminary 

Determination of No Shipments; 2016–2017, 83 FR 

40229 (August 14, 2018) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum. 

2See CP Kelco US, Inc. v. United States, Slip Op. 

18–120 (CIT Sept. 17, 2018)(CP Kelco US); see also 

Xanthan Gum from the People’s Republic of China: 

Notice of Court Decision Not in Harmony With 

Amended Final Determination in Less Than Fair 

Value Investigation; Notice of Amended Final 

Determination Pursuant to Court Decision; Notice of 

Revocation of Antidumping Duty Order in Part; and 

Discontinuation of Fourth and Fifth Antidumping 

Duty Administrative Reviews in Part, 83 FR 52205 

(October 16, 2018) (Xanthan Gum Timken). 

3See letter from Tate and Lyle, re: ‘‘Xanthan Gum 

from China—Tate & Lyle Case Brief,’’ dated 

September 20, 2018; see also letter from Fufeng, re: 

‘‘Fufeng Case Brief in the Fourth Administrative 

Review of Antidumping Duty Order on Xanthan 

Gum from the People’s Republic of China (A–570– 

985),’’ dated September 20, 2018. 

4For the full text of the scope of the order, see 

Memorandum, ‘‘Issues and Decision Memorandum 

for the Final Results of the Antidumping Duty 

Administrative Review: Xanthan Gum from the 

People’s Republic of China; 2016–2017,’’ (Issues 

and Decision Memorandum), dated concurrently 

with this notice. 

amended (19 U.S.C. 81a–81u), and the 

regulations of the Board (15 CFR part 

400). It was formally docketed on 

December 14, 2018. 

The proposed subzone (14.57 acres) is 

located at 1011 Corral Falso Km. 1.2 in 

Coto Laurel, Puerto Rico. No 

authorization for production activity has 

been requested at this time. The 

proposed subzone would be subject to 

the existing activation limit of FTZ 163. 

In accordance with the Board’s 

regulations, Camille Evans of the FTZ 

Staff is designated examiner to review 

the application and make 

recommendations to the Executive 

Secretary. 

Public comment is invited from 

interested parties. Submissions shall be 

addressed to the Board’s Executive 

Secretary at the address below. The 

closing period for their receipt is 

January 28, 2019. Rebuttal comments in 

response to material submitted during 

the foregoing period may be submitted 

during the subsequent 15-day period to 

February 12, 2019. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 

21013, U.S. Department of Commerce, 

1401 Constitution Avenue NW, 

Washington, DC 20230–0002, and in the 

‘‘Reading Room’’ section of the Board’s 

website, which is accessible via 

www.trade.gov/ftz. 

For further information, contact 

Camille Evans at Camille.Evans@

trade.gov or (202) 482–2350. 

Dated: December 14, 2018. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2018–27462 Filed 12–18–18; 8:45 am] 

BILLING CODE 3510–DS–P 

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, Final Determination of No 

Shipments, and Partial Discontinuation 

of Antidumping Duty Administrative 

Review; 2016–2017 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that Meihua 

Group International Trading (Hong 

Kong) Limited, Langfang Meihua 

Biotechnology Co., Ltd., and Xinjiang 

Meihua Amino Acid Co., Ltd. 

(collectively, Meihua) did not make 

sales of subject merchandise below 

normal value. Furthermore, we have 

discontinued the review with respect to 

Neimenggu Fufeng Biotechnologies Co., 

Ltd. (a.k.a. Inner Mongolia Fufeng 

Biotechnologies Co., Ltd.)/Shandong 

Fufeng Fermentation Co., Ltd./Xinjiang 

Fufeng Biotechnologies Co., Ltd. 

(collectively, Fufeng). The period of 

review (POR) is July 1, 2016, through 

June 30, 2017. 

DATES: Applicable December 19, 2018. 

FOR FURTHER INFORMATION CONTACT: Eli 

Lovely or Aleksandras Nakutis, 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) 482–1593 and (202) 482–3147, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Commerce published its Preliminary 

Results on August 14, 2018.1 Although 

Commerce calculated an antidumping 

duty margin for Fufeng in the 

Preliminary Results, we are 

discontinuing this review, with respect 

to Fufeng, as a result of the Court of 

International Trade’s (CIT) final court 

decision in CP Kelco US, Inc. v. United 

States.2 On September 20, 2018, Fufeng 

and Tate and Lyle submitted case 

briefs.3 No other interested party filed 

comments. 

Scope of the Order 

The scope of the 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. Merchandise covered by 

the scope of this order is classified in 

the Harmonized Tariff Schedule of the 

United States at subheading 3913.90.20. 

Although this tariff classification is 

provided for convenience and customs 

purposes, the written description 

remains dispositive.4

Analysis of Comments Received 

We addressed issues raised in the case 

briefs submitted by parties in this 

review in the Issues and Decision 

Memorandum, which is hereby adopted 

by this notice. As the review is being 

discontinued with respect to Fufeng, 

Commerce considers all issues raised 

concerning Fufeng moot and has not 

addressed them in the Issues and 

Decision Memorandum, with the 

exception of one issue raised. Appendix 

I to this notice provides the issue which 

parties raised, and that Commerce 

considered. 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 http://access.trade.gov and it is 

available to all parties in the Central 

Records Unit of the main Department of 

Commerce building, Room B8024. In 

addition, a complete version of the 

Issues and Decision Memorandum can 

be accessed directly on the internet at 

http://enforcement.trade.gov/frn/. The 

signed Issues and Decision 

Memorandum and the electronic 

version are identical in content. 

Changes Since the Preliminary Results 

As discussed above, we are 

discontinuing the review with respect to 

Fufeng. Because we are discontinuing 

the review with respect to Fufeng, the 

dumping margin assigned to separaterate respondents has changed since the 

Preliminary Results. 

Separate Rates 

In the Preliminary Results, we found 

that Fufeng, Meihua, CP Kelco 

(Shandong) Biological Company 

Limited (CP Kelco), Deosen Biochemical 

Ltd./Deosen Biochemical (Ordos) Ltd. 

(collectively Deosen), and Shanghai 

Smart Chemicals Co., Ltd. (Shanghai 

Smart) demonstrated their eligibility for 

a separate rate, but that the nonindividually examined respondent, 


amozie on DSK3GDR082PROD with NOTICES1
65144 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Notices 

5See Preliminary Results, 83 FR at 40230. 

6 Id. 

7See CP Kelco US, 2018 WL 4469912, at *2. 

8See Xanthan Gum Timken at 83 FR 52205. 

9See CAFC Notice of Docketing, CP Kelco US. 

Inc. v. United States, Case No. 19–1207, dated 

November 15, 2018. 

10See 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). 

11See Xanthan Gum Timken at 83 FR 52206. 

Hebei Xinhe Biochemical Co., Ltd., did 

not demonstrate its eligibility for a 

separate rate because it failed to file a 

separate rate application or a separate 

rate certification.5 Thus, Commerce 

treated Hebei Xinhe Biochemical Co., 

Ltd. as part of the China-wide entity. No 

parties commented on our preliminary 

separate rate determinations. For the 

final results of review, we have decided 

to continue to grant Meihua, CP Kelco, 

Deosen, and Shanghai Smart separate 

rates status. We are discontinuing the 

review with respect to Fufeng. 

Final Determination of No Shipments 

In the Preliminary Results, Commerce 

found that A.H.A. International Co., Ltd. 

(AHA), and Jianlong Biotechnology Co., 

Ltd. (Jianlong) (previously known as 

Inner Mongolia Jianlong Biochemical 

Co., Ltd. (IMJ)) had no shipments and, 

therefore, no reviewable transactions 

during the POR.6 No parties commented 

on this determination. For the final 

results of review, we continue to find 

that these companies had no shipments 

during the POR. 

Partial Discontinuation of Antidumping 

Duty Administrative Review 

On September 17, 2018, the CIT 

issued a final decision sustaining 

Commerce’s remand redetermination 

wherein Fufeng’s weighted-average 

dumping margin from the AD 

investigation of xanthan gum from the 

China changed from 8.69 percent to 0.00 

percent.7 As a result of the CIT’s final 

court decision and Fufeng’s exclusion 

from the AD order on xanthan gum from 

China, Commerce is discontinuing the 

review of Fufeng, during the pendency 

of the appeals process, because Fufeng 

is no longer subject to the order.8 The 

CIT’s decision was appealed to the 

United States Court of Appeals for the 

Federal Circuit (CAFC) on November 7, 

2018.9

Dumping Margin for Non-Individually 

Examined Respondents Granted 

Separate Rate Status 

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 weightedaverage dumping margins for 

individually-examined respondents, 

excluding rates that are zero, de 

minimis, or based entirely on facts 

available. Where the rates for the 

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. Because we 

preliminarily calculated a weightedaverage dumping margin for Meihua of 

zero percent, and we are discontinuing 

the review with respect to Fufeng, we 

assigned a dumping margin equal to 

zero percent to individual separate rate 

respondents not selected for 

examination, which is based solely on 

Meihua’s weighted-average dumping 

margin of zero percent. 

Final Results of Administrative Review 

We determine that the following 

weighted-average dumping margin 

exists for the POR: 

Exporter 

Weighted-average 

dumping margins 

(percentage) 

Meihua Group International Trading (Hong Kong) Limited/Langfang Meihua Biotechnology Co., Ltd./Xinjiang Meihua 

Amino Acid Co., Ltd ......................................................................................................................................................... 0.00 

CP Kelco (Shandong) Biological Company Limited ............................................................................................................ 0.00 

Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd ............................................................................................... 0.00 

Shanghai Smart Chemicals Co., Ltd ................................................................................................................................... 0.00 

Assessment Rates 

Pursuant to section 751(a)(2)(A) of the 

Act and 19 CFR 351.212(b), Commerce 

has determined, and U.S. Customs and 

Border Protection (CBP) shall assess, 

antidumping duties on all appropriate 

entries of subject merchandise in 

accordance with the final results of this 

review. Commerce intends to issue 

assessment instructions to CBP 15 days 

after the publication date of the final 

results of this review. We intend to 

instruct CBP to liquidate POR entries of 

subject merchandise from Meihua, CP 

Kelco (Shandong), Deosen, and 

Shanghai Smart without regard to 

antidumping duties.10 Furthermore, in 

accordance with the Xanthan Gum 

Timken, we intend to instruct CBP to 

continue to suspend POR entries of 

subject merchandise produced and 

exported by Fufeng at a rate of 0.00 

percent during the pendency of the 

appeals process.11

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). 

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 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Notices 65145 

12See Xanthan Gum Timken at 83 FR 52206. 

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. Furthermore, in 

accordance with the Xanthan Gum 

Timken, we intend to instruct CBP to 

continue to suspend POR entries of 

subject merchandise, produced and 

exported by Fufeng, at a cash deposit 

rate of 0.00 percent during the pendency 

of the appeals process.12

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. 

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: December 12, 2018. 

Christian Marsh, 

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. Discussion of Issue 

A. Comment 1: Dumping Margin for ThirdCountry Exporters of Fufeng’s Xanthan 

Gum 

[FR Doc. 2018–27426 Filed 12–18–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Visiting Committee on Advanced 

Technology 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice of open meeting. 

SUMMARY: National Institute of 

Standards and Technology (NIST)’s 

Visiting Committee on Advanced 

Technology (VCAT or Committee) will 

meet on Wednesday, February 6, 2019, 

from 8:30 a.m. to 5:00 p.m. Eastern 

Time, and Thursday, February 7, 2019, 

from 8:30 a.m. to 11:30 a.m. Eastern 

Time. 

DATES: The VCAT will meet on 

Wednesday, February 6, 2019, from 8:30 

a.m. to 5:00 p.m. and Thursday, 

February 7, 2019, from 8:30 a.m. to 

11:30 a.m. Eastern Time. 

ADDRESSES: The meeting will be held in 

the Portrait Room, Administration 

Building, at NIST, 100 Bureau Drive, 

Gaithersburg, Maryland, 20899 with an 

option to participate via webinar. Please 

note admittance instructions under the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Shaw, VCAT, NIST, 100 

Bureau Drive, Mail Stop 1060, 

Gaithersburg, Maryland 20899–1060, 

telephone number 301–975–2667. Ms. 

Shaw’s email address is 

stephanie.shaw@nist.gov. 

SUPPLEMENTARY INFORMATION: 

Authority: 15 U.S.C. 278, as amended, and 

the Federal Advisory Committee Act, as 

amended, 5 U.S.C. App. 

Pursuant to the Federal Advisory 

Committee Act, as amended, 5 U.S.C. 

App., notice is hereby given that the 

VCAT will meet on Wednesday, 

February 6, 2019, from 8:30 a.m. to 5:00 

p.m. Eastern Time, and Thursday, 

February 7, 2019, from 8:30 a.m. to 

11:30 a.m. Eastern Time. The meeting 

will be open to the public. The VCAT 

is composed of not fewer than 9 

members appointed by the NIST 

Director, eminent in such fields as 

business, research, new product 

development, engineering, labor, 

education, management consulting, 

environment, and international 

relations. The purpose of this meeting is 

for the VCAT to review and make 

recommendations regarding general 

policy for NIST, its organization, its 

budget, and its programs within the 

framework of applicable national 

policies as set forth by the President and 

the Congress. The agenda will include 

an update on major programs at NIST. 

In addition, the meeting will include 

presentations and discussions on the 

future of neutron facilities at NIST. The 

Committee also will present its initial 

observations, findings, and 

recommendations for the 2018 VCAT 

Annual Report. The agenda may change 

to accommodate Committee business. 

The final agenda will be posted on the 

NIST website at http://www.nist.gov/ 

director/vcat/agenda.cfm. 

Individuals and representatives of 

organizations who would like to offer 

comments and suggestions related to the 

Committee’s affairs are invited to 

request a place on the agenda. 

Approximately one-half hour on 

Thursday, February 7, 2019, will be 

reserved for public comments and 

speaking times will be assigned on a 

first-come, first-serve basis. The amount 

of time per speaker will be determined 

by the number of requests received but, 

is likely to be about 3 minutes each. The 

exact time for public comments will be 

included in the final agenda that will be 

posted on the NIST website at http://

www.nist.gov/director/vcat/agenda.cfm. 

Questions from the public will not be 

considered during this period. Speakers 

who wish to expand upon their oral 

statements, those who had wished to 

speak but could not be accommodated 

on the agenda, and those who were 

unable to attend in person are invited to 

submit written statements to VCAT, 

NIST, 100 Bureau Drive, MS 1060, 

Gaithersburg, Maryland, 20899, via fax 

at 301–216–0529 or electronically by 

email to stephanie.shaw@nist.gov, by 

5:00 p.m. Eastern Time, Monday, 

January 28, 2019. 


amozie on DSK3GDR082PROD with NOTICES1