[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7104-7106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02557]


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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 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that except 
for one respondent for which Commerce calculated a zero percent dumping 
margin, the other companies subject to this administrative review 
either made sales of subject merchandise at prices below normal value 
(NV) during the period of review (POR) July 1, 2019, through June 30, 
2020, did not ship subject merchandise to the United States during the 
POR, or were not entitled to a separate rate.

DATES: Applicable February 8, 2022.

FOR FURTHER INFORMATION CONTACT: Abdul Alnoor, 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) 482-4554.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2021, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ For details regarding the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ Commerce conducted this administrative review 
in accordance with section 751 of the Tariff Act of 1930, as amended 
(the Act).
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    \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; 2019-2020, 86 FR 
42781 (August 5, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Antidumping Duty Administrative 
Review of Xanthan Gum from the People's Republic of China,'' (Issues 
and Decision Memorandum), dated concurrently with, and hereby 
adopted by, this notice.
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Scope of the Order \3\
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    \3\ 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).
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    The scope of the Order covers dry xanthan gum, whether or not 
coated or blended with other products. For a full description of the 
scope, 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 that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached to this notice as an appendix. 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 Shanghai Smart 
Chemicals Co., Ltd. did not have shipments of subject merchandise 
during the POR. As we received no information to contradict our 
preliminary determination with respect to this company, we continue to 
find that it made no shipments of subject merchandise to the United 
States during the POR.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we corrected 
certain ministerial errors in the calculation of Fufeng's,\4\ one of 
the mandatory respondents, weighted-average dumping margin. For a 
discussion of these changes, see the Issues and Decision Memorandum.
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    \4\ Fufeng refers to a single entity, which includes: Neimenggu 
Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng 
Biotechnologies Co., Ltd.); Shandong Fufeng Fermentation Co., Ltd.; 
and Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, 
Fufeng).
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Separate Rates

    No parties commented on our preliminary separate rate findings. 
Therefore, we have continued to grant Meihua \5\ and Fufeng (the 
mandatory respondents), and two other companies/company groups listed 
in the ``Final Results of Review'' section below separate rate status. 
However, we have continued to deny separate rate status to

[[Page 7105]]

A.H.A. International Co., Ltd., Hebei Xinhe Biochemical Co., Ltd., 
Greenhealth International Co., Ltd. (Hong Kong), and Nanotech Solutions 
SDN BHD.
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    \5\ Meihua refers to a single entity, which includes: Meihua 
Group International Trading (Hong Kong) Limited; Langfang Meihua 
Biotechnology Co., Ltd.; and Xinjiang Meihua Amino Acid Co., Ltd. 
(collectively, Meihua).
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Rate for Non-Examined Separate Rate Respondents

    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 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 zero percent dumping margin for one of the 
mandatory respondents in this review, Fufeng, and we based the other 
mandatory respondent, Meihua's, dumping margin on total AFA. Therefore, 
we assigned the separate rate respondents a dumping margin equal to the 
simple average of the dumping margins for Fufeng and Meihua, consistent 
with the guidance in section 735(c)(5)(B) of the Act.\6\
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    \6\ See Issues and Decision Memorandum for the discussion of 
this issue.
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Final Results of Review

    We are assigning the following dumping margins to the firms listed 
below for the period July 1, 2019, through June 30, 2020:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margins
                                                         (percentage)
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Meihua Group International Trading (Hong Kong)                    154.07
 Limited/Langfang Meihua Biotechnology Co., Ltd./
 Xinjiang Meihua Amino Acid Co., Ltd................
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka                     0.00
 Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
 Shandong Fufeng Fermentation Co., Ltd./Xinjiang
 Fufeng Biotechnologies Co., Ltd....................
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   Review-Specific Average Rate Applicable to the Following Companies:
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Jianlong Biotechnology Co., Ltd. (formerly, Inner                  77.04
 Mongolia Jianlong Biochemical Co., Ltd)............
Deosen Biochemical (Ordos) Ltd./Deosen Biochemical                 77.04
 Ltd................................................
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Disclosure

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

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
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 date of publication date of the final results of this review 
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).
    Where the respondent's weighted-average dumping margin is zero or 
de minimis, or where an importer- (or customer-) specific ad valorem or 
per-unit rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\7\ 
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).\8\
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    \7\ See 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).
    \8\ See Order, 78 FR at 43144.
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    For any individually-examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), we will 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of antidumping duties calculated for each 
importer's examined sales and the total entered value of the sales, in 
accordance with 19 CFR 351.212(b)(1).\9\
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    \9\ Id.
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    For respondents not individually examined in this administrative 
review that qualified for a separate rate, the assessment rate will be 
equal to the simple average of the dumping margins assigned to the 
mandatory respondents in the final results of this review.
    For the respondents not eligible for a separate rate and 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 during the POR that were 
exported by these companies.
    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

[[Page 7106]]

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.

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)(2) 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: January 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
    Comment 1: The Separate Rate
    Comment 2: No Shipments for Deosen Biochemical Ltd.
    Comment 3: Ministerial Errors in the Calculation of Fufeng's 
Margin
    Comment 4: Total Adverse Facts Available (AFA) for Meihua
VI. Recommendation

[FR Doc. 2022-02557 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P