[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Pages 8165-8167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02298]


-----------------------------------------------------------------------

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, Partial Rescission of the 
Antidumping Duty Administrative Review, and Final Determination of No 
Shipments; 2021-2022

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) and 
Meihua Group International Trading (Hong Kong) Limited, Langfang Meihua 
Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd. 
(collectively, Meihua) sold xanthan gum from the People's Republic of 
China (China) at less than normal value during the period of review 
(POR), July 1, 2021, through June 30, 2022. Additionally, we find that 
Jianlong Biotechnology Co., Ltd. (formerly, Inner Mongolia Jianlong 
Biochemical Co., Ltd) (Jianlong), Deosen Biochemical (Ordos) Ltd./
Deosen Biochemical Ltd. (collectively, Deosen), and CP Kelco (Shandong) 
Biological Company Limited (CP Kelco (Shandong)) have each demonstrated 
that they are eligible for a separate rate. Further, Commerce is 
rescinding this review with respect to Deosen USA, Inc. Commerce also 
determines that three companies for which we initiated reviews had no 
shipments during the POR.

DATES: Applicable February 6, 2024.

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 3, 2023, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ Commerce extended the 
deadline for these final results by 60 days until January 30, 2024.\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(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \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; 2021-2022, 88 FR 
51286 (August 3, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated November 3, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021-2022 Administrative 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).
---------------------------------------------------------------------------

Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Beijing Rodia 
Auto Sport Ltd. (Beijing Rodia), Zamp Inc. dba Z Sports (Z Sports), and 
Shanghai Smart Chemicals Co. Ltd. (Shanghai Smart) did not have 
shipments of subject merchandise during the POR.\5\ As we received no 
information to contradict our preliminary determination with respect to 
Beijing Rodia, Z Sports, and Shanghai Smart, we continue to find that 
they made no

[[Page 8166]]

shipments of subject merchandise to the United States during the POR.
---------------------------------------------------------------------------

    \5\ See Preliminary Results, 88 FR at 51286.
---------------------------------------------------------------------------

    We received no comments regarding our preliminary finding that 
Deosen Biochemical Ltd. had reviewable transactions during the POR.\6\ 
Accordingly, we continue to find that Deosen Biochemical Ltd. had 
reviewable transactions and is subject to this administrative 
review.\7\
---------------------------------------------------------------------------

    \6\ See Xanthan Gum from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review, 
and Preliminary Determination of No Shipments; 2017-2018, 84 FR 
26813 (June 10, 2019), and accompanying PDM at 6 (citing Memorandum, 
``Deosen Biochemical Ltd. and Deosen Biochemical (Ordos) Ltd. 
Affiliation and Single Entity Status,'' dated June 4, 2019, 
unchanged in Xanthan Gum from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2017-2018, 84 FR 64831 (November 25, 
2019)).
    \7\ See Deosen Biochemical Ltd.'s Letter, ``Separate Rate 
Application,'' dated October 7, 2022.
---------------------------------------------------------------------------

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 dumping margin calculation 
for Fufeng, Meihua, and three other companies/company groups listed in 
the ``Final Results of Review'' section, below. For further discussion 
of these changes, see the Issues and Decision Memorandum.

Partial Rescission of Administrative Review

    Consistent with 19 CFR 351.213(d), Commerce is rescinding this 
review, in part, with respect to Deosen USA, Inc.

Separate Rates

    No parties commented on our preliminary separate rate 
determination. Therefore, we have continued to grant separate rate 
status to Fufeng, Meihua, and three other companies/company groups 
listed in the ``Final Results of Review'' section, below. Additionally, 
consistent with the Preliminary Results, we have continued to deny 
separate rate status to the following companies: A.H.A. International 
Co., Ltd.; East Chemsources Ltd.; Foodchem Biotech Co., Ltd.; 
Greenhealth International Co., Ltd. (Hong Kong); Guangzhou Zio Chemical 
Co., Ltd.; Hangzhou Yuanjia Chemical Co., Ltd.; Hebei Xinhe Biochemical 
Co., Ltd.; H&H International Forwarders Co.; Nanotech Solutions SDN 
BHD; Powertrans Freight Systems, Inc.; Qingdao Yalai Chemical Co., 
Ltd.; Shanghai Tianjia Biochemical Co., Ltd.; Shanxi Reliance Chemicals 
Co., Ltd.; The TNN Development Ltd.; The TNN Development USA Inc.; 
Unionchem Corp. Ltd.; Wanping Bio Chem Co., Ltd.; and Weifang Hongyuan 
Chemical Co., Ltd.\8\
---------------------------------------------------------------------------

    \8\ See Preliminary Results PDM at 13.
---------------------------------------------------------------------------

Rate for Non-Examined Separate Rate Respondents

    The statue 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 weighted-
average dumping margins for individually-examined respondents, 
excluding rates that are zero, de minimis, or based entirely on facts 
available. When the rates for 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.
    We calculated a 2.90 percent dumping margin for one of the 
mandatory respondents in this review, Fufeng, and a 20.63 percent 
dumping margin for the other mandatory respondent, Meihua. Therefore, 
we assigned the separate rate respondents, Jianlong, Deosen, and CP 
Kelco (Shandong), a dumping margin equal to the weighted average of the 
dumping margins for Fufeng and Meihua, consistent with the guidance in 
section 735(c)(5)(A) of the Act.\9\
---------------------------------------------------------------------------

    \9\ See the Issues and Decision Memorandum at Comment 10 and 
Memorandum, ``Final Calculation of the Dumping Margin for 
Respondents Not Selected for Individual Examination,'' dated 
concurrently with, and hereby adopted by, this notice for the 
discussion of this issue.
---------------------------------------------------------------------------

Final Results of Review

    We determine that the following dumping margins exist for the 
period July 1, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka                     2.90
 Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
 Shandong Fufeng Fermentation Co., Ltd./Xinjiang
 Fufeng Biotechnologies Co., Ltd....................
Meihua Group International Trading (Hong Kong)                     20.63
 Limited/Langfang Meihua Biotechnology Co., Ltd./
 Xinjiang Meihua Amino Acid Co., Ltd................
Jianlong Biotechnology Co., Ltd. (formerly, Inner                   3.87
 Mongolia Jianlong Biochemical Co., Ltd)............
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical                  3.87
 Ltd................................................
CP Kelco (Shandong) Biological Company Limited......                3.87
------------------------------------------------------------------------

Disclosure

    Pursuant to 19 CFR 351.224(b), we will disclose the calculations we 
performed for these final results to the parties to this proceeding 
within five days of the publication of this notice in the Federal 
Register.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), 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 publication date of these final results 
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 and Meihua, 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

[[Page 8167]]

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.\10\ 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 importer by 
the total quantity of those sales. Commerce will calculate an estimated 
ad valorem importer-specific assessment rate to determine whether the 
per-unit assessment rate is de minimis (i.e., 0.50 percent or below); 
however, Commerce will use the per-unit assessment rate where entered 
values were not reported.\11\ 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.\12\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.212(b)(1).
    \11\ Id.
    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries submitted by an exporter individually examined during 
this review that were not reported in the U.S. sales database, 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).\13\
---------------------------------------------------------------------------

    \13\ See Order, 78 FR at 43144.
---------------------------------------------------------------------------

    For respondents not individually examined in this administrative 
review that qualified for a separate rate (i.e., Jianlong, Deosen, and 
CP Kelco (Shandong)), the assessment rate will be the weighted average 
of the dumping margin assigned to the mandatory respondents (i.e., 
Fufeng and Meihua) in these final results of this review.
    For the respondents not eligible for a separate rate 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 exported by these companies 
during the POR.
    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 entity rate.

Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, the cash deposit 
requirements 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 will be as follows: (1) 
for the exporters listed in the table above, the cash deposit rate will 
be the rate indicated; (2) for previously investigated or reviewed 
exporters of subject merchandise not listed in the table above that 
have separate rates, the cash deposit rate will continue to be the most 
recently published exporter-specific rate; (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 (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 of Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the 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

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility to 
return or destroy proprietary information disclosed under an 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 order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing the final results of this review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: January 30, 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. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Selected an Incorrect Surrogate 
Value (SV) for Valuing Bean Pulp
    Comment 2: Whether Commerce Double Counted Energy
    Comment 3: Whether Commerce Should Have Selected Other Financial 
Statements and Averaged Their Ratios
    Comment 4: The Cohen's d Test
    Comment 5: Whether Commerce Should Have Selected a Different 
Source for Water SVs
    Comment 6: Whether SAM HPRP Chemicals, Inc. d/b/a SAM Nutrition 
(SAM) Provided Sufficient Record Evidence to Support Commerce's 
Finding that SAM Was a Wholesaler of Domestic Like Product during 
the POR
    Comment 7: Whether SAM Acted to the Best of Its Ability to 
Respond to Commerce's Questionnaires
    Comment 8: Whether Commerce Should Exclude Deosen USA, Inc. from 
the Review
    Comment 9: Whether Commerce Should Rescind the Review with 
Respect to Deosen Biochemical Ltd.
    Comment 10: Whether Commerce Correctly Calculated the Separate 
Rate
VI. Recommendation

[FR Doc. 2024-02298 Filed 2-5-24; 8:45 am]
BILLING CODE 3510-DS-P