2252 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 

1See section 735(c)(5)(A) of the Act. 

2See 19 CFR 351.309. 

3See 19 CFR 351.310(c). 

4See also 19 CFR 351.210(e). 

5See Modification of Regulations Regarding the 

Practice of Accepting Bonds During the Provisional 

Measures Period in Antidumping and 

Countervailing Duty Investigations, 76 FR 61042 

(October 3, 2011). 

iaaccess.trade.gov, and is available to all 

parties in the Department’s Central 

Records Unit, located at room 7046 of 

the main Department of Commerce 

building. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be found on the 

Internet at http://www.trade.gov/ia/. 

The signed Preliminary Decision 

Memorandum and the electronic 

versions of the Preliminary Decision 

Memorandum are identical in content. 

Preliminary Determination 

The Department preliminarily 

determines that the following weightedaverage dumping margins exist: 

Exporter/Manufacturer 

Weightedaverage 

dumping 

margin 

(percent) 

Jungbunzlauer Austria AG ......... 17.18 

All Others .................................... 17.18 

The ‘‘All Others’’ rate is based on the 

weighted-average dumping margin 

calculated for Jungbunzlauer Austria 

AG, the only company for which the 

Department calculated a rate.1

Disclosure and Public Comment 

We will disclose the calculations 

performed to parties in this proceeding 

within five days of the date of 

publication of this notice in accordance 

with 19 CFR 351.224(b). 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Import Administration no 

later than seven days after the date on 

which the final verification report is 

issued in this proceeding and rebuttal 

briefs, limited to issues raised in case 

briefs, may be submitted no later than 

five days after the deadline date for case 

briefs.2 A table of contents, list of 

authorities used and an executive 

summary of issues should accompany 

any briefs submitted to the Department. 

This summary should be limited to five 

pages total, including footnotes. 

Interested parties who wish to request a 

hearing, or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Import Administration, U.S. Department 

of Commerce. All documents must be 

filed electronically using IA ACCESS. 

An electronically filed document must 

be received successfully in its entirety 

by the Department’s electronic records 

system, IA ACCESS, by 5:00 p.m. 

Eastern Standard Time, within 30 days 

after the date of publication of this 

notice.3 Requests should contain the 

party’s name, address, and telephone 

number, the number of participants, and 

a list of the issues to be discussed. If a 

request for a hearing is made, the 

Department intends to hold the hearing 

at the U.S. Department of Commerce, 

14th Street and Constitution Avenue 

NW, Washington, DC 20230, at a time 

and location to be determined. Parties 

should confirm by telephone the date, 

time, and location of the hearing two 

days before the scheduled date. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Pursuant to requests from interested 

parties, we are postponing the final 

determination and extending the 

provisional measures from a four-month 

period to not more than six months. 

Accordingly, we will make our final 

determination no later than 135 days 

after the date of publication of this 

preliminary determination, pursuant to 

section 735(a)(2) of the Act.4

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, we are directing U.S. 

Customs and Border Protection (‘‘CBP’’) 

to suspend liquidation of all entries of 

xanthan gum from Austria as described 

in the scope of the investigation section 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of this notice in the Federal 

Register. 

We will instruct CBP to require a cash 

deposit 5 equal to the weighted-average 

amount by which the NV exceeds 

constructed export price, as indicated in 

the chart above. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

International Trade Commission 

(‘‘ITC’’) Notification 

In accordance with section 733(f) of 

the Act, we have notified the ITC of our 

preliminary affirmative determination of 

sales at LTFV. If our final determination 

is affirmative, the ITC will determine 

before the later of 120 days after the date 

of this preliminary determination or 45 

days after our final determination 

whether these imports are materially 

injuring, or threaten material injury to, 

the U.S. industry. 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: January 3, 2013. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

List of Topics Discussed in the 

Preliminary Decision Memorandum 

1. Scope of the Investigation 

2. Targeted Dumping Allegation 

3. Targeted Dumping Test 

4. Fair Value Comparisons 

5. Product Comparisons 

6. Date of Sale 

7. Constructed Export Price 

8. Normal Value 

a. Home Market Viability 

b. Level of Trade 

c. Cost of Production Analysis 

d. Calculation of COP 

e. Test of Comparison Market Sales 

Prices 

f. Results of COP Test 

9. Affiliation 

10. Currency Conversion 

11. Verification 

[FR Doc. 2013–00350 Filed 1–9–13; 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: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) preliminarily 

determines that xanthan gum from the 

People’s Republic of China (‘‘PRC’’) is 

being, or is likely to be, sold in the 

United States at less than fair value 

(‘‘LTFV’’), as provided in section 733 of 

the Tariff Act of 1930, as amended (‘‘the 

Act’’). The weighted-average dumping 

margins are shown in the ‘‘Preliminary 

Determination’’ section of this notice. 

The final determination will be issued 

135 days after publication of this 

preliminary determination in the 

Federal Register. 

DATES: Effective Date: January 10, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Brandon Farlander or Erin Kearney, AD/ 

CVD Operations, Office 4, Import 

Administration, International Trade 

Administration, Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230; telephone: 


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Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 2253 

1See 19 CFR 351.309. 2See 19 CFR 351.310(c). 

(202) 482–0182 or (202) 482–0167, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Scope of the Investigation 

The scope of this investigation covers 

dry xanthan gum, whether or not coated 

or blended with other products. Further, 

xanthan gum is included in this 

investigation 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 investigation is classified in the 

Harmonized Tariff Schedule of the 

United States at subheading 3913.90.20. 

This tariff classification is provided for 

convenience and customs purposes; 

however, the written description of the 

scope is dispositive. 

Methodology 

The Department has conducted this 

antidumping duty investigation in 

accordance with section 731 of the Act. 

Export prices and constructed export 

prices have been calculated in 

accordance with section 772 of the Act. 

Because the PRC is a non-market 

economy within the meaning of section 

771(18) of the Act, normal value has 

been calculated in accordance with 

section 773(c) of the Act. Specifically, 

the respondents’ factors of production 

(‘‘FOPs’’) have been valued using data 

from Thailand, the primary surrogate 

country, which is economically 

comparable to the PRC and is a 

significant producer of comparable 

merchandise. 

For a full description of the 

methodology underlying our 

conclusions, see ‘‘Decision 

Memorandum for Preliminary 

Determination of the Antidumping Duty 

Investigation of Xanthan Gum from the 

People’s Republic of China’’ from 

Christian Marsh, Deputy Assistant 

Secretary for Antidumping and 

Countervailing Duty Operations, to Paul 

Piquado, Assistant Secretary for Import 

Administration, dated concurrently 

with this notice (‘‘Preliminary Decision 

Memorandum’’) and hereby adopted by 

this notice. The Preliminary Decision 

Memorandum is a public document and 

is on file electronically via Import 

Administration’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (‘‘IA 

ACCESS’’). IA ACCESS is available to 

registered users at http:// 

iaaccess.trade.gov, and is available to all 

parties in the Central Records Unit, 

room 7046 of the main Department of 

Commerce building. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly on the Internet at http:// 

www.trade.gov/ia/. The signed 

Preliminary Decision Memorandum and 

the electronic versions of the 

Preliminary Decision Memorandum are 

identical in content. 

Preliminary Determination 

The Department preliminarily 

determines that the following weightedaverage dumping margins exist: 

Exporter Producer 

Weighted 

average 

dumping 

margin 

Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd.Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng 

Fermentation Co., Ltd.

21.69 

Deosen Biochemical Ltd ............................................................... Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd ....... 127.65 

A.H.A. International Co., Ltd ......................................................... Shandong Fufeng Fermentation Co., Ltd .................................... 74.67 

A.H.A. International Co., Ltd ......................................................... Deosen Biochemical Ltd .............................................................. 74.67 

CP Kelco (Shandong) Biological Company Limited ..................... CP Kelco (Shandong) Biological Company Limited .................... 74.67 

Hebei Xinhe Biochemical Co. Ltd ................................................. Hebei Xinhe Biochemical Co. Ltd ................................................ 74.67 

Shanghai Smart Chemicals Co. Ltd ............................................. Deosen Biochemical Ltd .............................................................. 74.67 

PRC-Wide Entity* .......................................................................... ...................................................................................................... 154.07 

* The PRC-wide entity includes Shandong Yi Lian Cosmetics Co., Ltd., Shanghai Echem Fine Chemicals Co., Ltd., Sinotrans Xiamen Logistics 

Co., Ltd., and Zibo Cargill HuangHelong Bioengineering Co., Ltd. 

Disclosure and Public Comment 

The Department will disclose 

calculations performed for this 

preliminary determination to the parties 

within five days of the date of 

publication of this notice in accordance 

with 19 CFR 351.224(b). Case briefs or 

other written comments may be 

submitted to the Assistant Secretary for 

Import Administration no later than 

seven days after the date on which the 

final verification report is issued in this 

proceeding, and rebuttal briefs, limited 

to issues raised in case briefs, may be 

submitted no later than five days after 

the deadline date for case briefs.1 A 

table of contents, list of authorities used, 

and an executive summary of issues 

should accompany any briefs submitted 

to the Department. This summary 

should be limited to five pages total, 

including footnotes. 

Interested parties, who wish to 

request a hearing, or to participate if one 

is requested, must submit a written 

request to the Assistant Secretary for 

Import Administration, U.S. Department 

of Commerce, filed electronically using 

IA ACCESS. An electronically filed 

document must be received successfully 

in its entirety by the Department’s 

electronic records system, IA ACCESS, 

by 5:00 p.m. Eastern Standard Time, 

within 30 days after the date of 

publication of this notice.2 Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, and a list of the 

issues to be discussed. If a request for 

a hearing is made, the Department 

intends to hold the hearing at the U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 


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2254 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 

3See 19 CFR 351.301(c)(3)(i). 

4See Glycine from the People’s Republic of 

China: Final Results of Antidumping Duty 

Administrative Review and Final Rescission, in 

Part, 72 FR 58809 (October 17, 2007), and 

accompanying Issues and Decision Memorandum at 

Comment 2. 

5See Modification of Regulations Regarding the 

Practice of Accepting Bonds During the Provisional 

Measures Period in Antidumping and 

Countervailing Duty Investigations, 76 FR 61042 

(October 3, 2011). 

Washington, DC 20230, at a time and 

location to be determined. Parties 

should confirm by telephone the date, 

time, and location of the hearing two 

days before the scheduled date. 

For the final determination in this 

investigation, interested parties may 

submit publicly available information to 

value the FOPs within 40 days after the 

publication of this preliminary 

determination.3 In accordance with 19 

CFR 351.301(c)(1), for the final 

determination of this investigation, 

interested parties may submit factual 

information to rebut, clarify, or correct 

factual information submitted by any 

other interested party less than ten days 

before, on, or after, the applicable 

deadline for submission of such factual 

information. However, the Department 

notes that 19 CFR 351.301(c)(1) permits 

new information only insofar as it 

rebuts, clarifies, or corrects information 

recently placed on the record. The 

Department generally will not accept 

the submission of additional, previously 

absent-from-the-record alternative 

surrogate value information.4

Additionally, for each piece of factual 

information submitted with surrogate 

value rebuttal comments, the interested 

party must provide a written 

explanation of what information that is 

already on the record of the ongoing 

proceeding the factual information is 

rebutting, clarifying, or correcting. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Pursuant to requests from interested 

parties, we are postponing the final 

determination and extending the 

provisional measures from a four-month 

period to not more than six months. 

Accordingly, we will make our final 

determination no later than 135 days 

after the date of publication of this 

preliminary determination, pursuant to 

section 735(a)(2) of the Act. 

Suspension of Liquidation 

In accordance with section 733(d) of 

the Act, the Department will instruct 

U.S. Customs and Border Protection 

(‘‘CBP’’) to suspend liquidation of all 

entries of xanthan gum from the PRC, as 

described in the ‘‘Scope of the 

Investigation’’ section, entered or 

withdrawn from warehouse, for 

consumption, on or after the date of 

publication of this notice in the Federal 

Register. 

Pursuant to 19 CFR 351.205(d), the 

Department will instruct CBP to require 

a cash deposit 5 equal to the weightedaverage amount by which normal value 

exceeds U.S. price as follows: (1) The 

separate-rate weighted-average dumping 

margin for the exporter/producer 

combinations listed in the table above 

will be the rate the Department has 

determined in this preliminary 

determination; (2) for all combinations 

of PRC exporters/producers of 

merchandise under consideration which 

have not received their own separaterate weighted-average dumping margin 

above, the cash-deposit rate will be the 

cash deposit rate established for the 

PRC-wide entity; and (3) for all non-PRC 

exporters of merchandise under 

consideration which have not received 

their own separate rate above, the cash 

deposit rate will be the cash deposit rate 

applicable to the PRC exporter/producer 

combination that supplied that non-PRC 

exporter. These cash deposit 

instructions will remain in effect until 

further notice. 

International Trade Commission 

(‘‘ITC’’) Notification 

In accordance with section 733(f) of 

the Act, we have notified the ITC of our 

preliminary affirmative determination of 

sales at LTFV. Section 735(b)(2) of the 

Act requires the ITC to make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports of 

xanthan gum, or sales (or the likelihood 

of sales) for importation, of the 

merchandise under consideration 

within 45 days of our final 

determination. 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act. 

Dated: January 3, 2013. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

List of Topics Discussed in the 

Preliminary Decision Memorandum 

1. Scope of the Investigation 

2. Respondent Selection 

3. Non-Market Economy Country 

4. Surrogate Country 

a. Economic Comparability 

b. Significant Producers of Identical or 

Comparable Merchandise 

c. Data Availability 

5. Surrogate Value Comments 

6. Separate Rates 

a. Separate Rate Respondents 

b. Dumping Margin for the Separate Rate 

Companies 

7. Date of Sale 

8. Fair Value Comparisons 

a. Export Price 

b. Constructed Export Price 

c. Normal Value 

d. Factor Valuations 

e. Currency Conversion 

9. Determination Not to Apply an Alternative 

Comparison Methodology 

10. Application of Facts Available and 

Adverse Facts Available 

11. Corroboration of Secondary Information 

12. Postponement of Final Determination and 

Extension of Provisional Measures 

13. Verification 

[FR Doc. 2013–00349 Filed 1–9–13; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XC397 

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Application for an 

Exempted Fishing Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of EFP 

applications; request for comments. 

SUMMARY: NMFS announces the receipt 

of exempted fishing permit (EFP) 

applications for 2013 and 2014, and is 

considering issuance of EFPs for vessels 

participating in the EFP fisheries. The 

EFPs are necessary to allow activities 

that are otherwise prohibited by Federal 

regulations. The EFPs would be 

effective no earlier than February 11, 

2013, and would expire no later than 

December 31, 2014, but could be 

terminated earlier under terms and 

conditions of the EFPs and other 

applicable laws. 

DATES: Comments must be received no 

later than 5 p.m., local time on February 

11, 2013. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–XC397, by any 

one of the following methods: 

• Email: EFPs.2013@noaa.gov. 

• Fax: 206–526–6736, Attn: Gretchen 

Hanshew. 

• Mail: William W. Stelle, Regional 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070, Attn: Gretchen 

Hanshew. 

FOR FURTHER INFORMATION CONTACT: To 

view copies of the EFP applications, 


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