49512 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices 

19See Certain Crystalline Silicon Photovoltaic 

Products from Taiwan: Final Determination of Sales 

at Less Than Fair Value, 79 FR 76966, 76969 

(December 23, 2014). 

1See 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); see also CP 

Kelco US, Inc. v. United States, Ct. No. 13–00288, 

Slip Op. 15–27 (CIT March 31, 2015); CP Kelco US, 

Inc. v. United States, Ct. No. 13–00288, Slip Op. 

16–36 (CIT April 8, 2016); CP Kelco US, Inc. v. 

United States, 211 F. Supp. 3d 1338 (CIT 2017); CP 

Kelco US, Inc. v. United States, Ct. No. 13–00288, 

Slip Op. 18–36 (CIT April 5, 2018); CP Kelco US, 

Inc. v. United States, Ct. No. 13–00288, Slip Op. 

18–120 (CIT September 17, 2018); and 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 

not know its merchandise was destined 

for the United States, or for entries 

associated with the seven companies 

that had no shipments during the POR, 

we will instruct CBP to liquidate such 

entries at the all-others rate if there is no 

rate for the intermediate company(-ies) 

involved in the transaction. 

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication 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). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rate for each specific 

company listed above will be equal to 

the weighted-average dumping margin 

that is established in the final results of 

this review, (2) for previously 

investigated companies not listed above, 

including the companies which 

Commerce has determined had no 

shipments in these final results, the 

cash deposit rate will continue to be the 

company-specific rate published for the 

most recently completed segment of this 

proceeding in which the companies 

participated; (3) if the exporter is not a 

firm covered in this review, a prior 

review, or the original less-than-fairvalue (LTFV) investigation, but the 

producer is, then the cash deposit rate 

will be the cash deposit rate established 

for the most recently completed segment 

for the producer of the subject 

merchandise; and (4) the cash deposit 

rate for all other producers or exporters 

will continue to be 19.50 percent, the 

all-others rate established in the LTFV 

investigation.19 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to 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 this review period. 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 the final 

reminder to parties subject to 

administrative protective order (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 return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act, and 19 CFR 

351.221(b)(5) and 19 CFR 351.213(h). 

Dated: August 27, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix—List of Sections in the 

Issues and Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Final Determination of No Shipments 

V. Partial Recission of Administrative Review 

VI. Changes Since the Preliminary Results 

VII. Discussion of the Issues 

Comment 1: Whether Commerce Made a 

Clerical Error in the Normal Value 

Calculation in Certain Instances for 

Certain Control Number (CONNUM) 

Models 

Comment 2: Whether to Attribute Certain 

U.S. sales to ISEC or its Customer 

Pursuant to the Knowledge Test 

Comment 3: Whether Commerce Should 

Collapse ISEC and E–TON into a Single 

Entity 

Comment 4: Name Correction for Certain 

Canadian Solar Companies 

Comment 5: Whether to Include an 

Additional Case Number to Liquidation 

and Cash Deposit Instructions with 

Respect to URE 

VIII. Recommendation 

[FR Doc. 2021–19052 Filed 9–2–21; 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: Amended 

Preliminary Results of the 

Antidumping Duty Administrative 

Review; 2017–2018 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily finds that 

Neimenggu Fufeng Biotechnologies Co., 

Ltd. (aka Inner Mongolia Fufeng 

Biotechnologies Co., Ltd.)/Shandong 

Fufeng Fermentation Co., Ltd./Xinjiang 

Fufeng Biotechnologies Co., Ltd. 

(collectively, Fufeng) is eligible for 

separate rate status. The period of 

review (POR) is July 1, 2017, through 

June 30, 2018. Interested parties are 

invited to comment on these amended 

preliminary results. 

DATES: Applicable September 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Aleksandras Nakutis or Thomas Hanna, 

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) 482–3147 or 

(202) 482–0835, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Pursuant to a series of remand orders 

and the Court of International Trade’s 

(CIT) final judgment regarding the 

underlying less-than-fair-value (LTFV) 

investigation, Commerce amended its 

final determination and prior amended 

final determination in the investigation 

and amended the Order by excluding 

merchandise produced and exported by 

Fufeng from the Order.1 Given this 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices 49513 

(October 16, 2018) (Discontinuation and Partial 

Revocation). 

2See Discontinuation and Partial Revocation at 

52206; see also 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) (Preliminary 

Results) and accompanying Preliminary Decision 

Memorandum (June 2019 Preliminary Decision 

Memorandum) and 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) (Final Results) and 

accompanying Issues and Decision Memorandum. 

3See CP Kelco US, Inc. v. United States, 

Neimenggu Fufeng Biotechnologies Co., Ltd., 

Shandong Fufeng Fermentation Co., Ltd., 949 F.3d 

1348 (Fed. Cir. 2020). 

4See Xanthan Gum from the People’s Republic of 

China: Notice of Third Amended Final 

Determination Pursuant to Court Decision, 85 FR 

40967 (July 8, 2020) (Third Amended 

Determination). 

5 Id. at 40969. 

6For a complete description of the scope of the 

Order, see Memorandum, ‘‘Xanthan Gum from the 

People’s Republic of China: Decision Memorandum 

for the Amended Preliminary Results of the 2017– 

2018 Antidumping Duty Administrative Review’’ 

(Preliminary Decision Memorandum). 

7See Final Determination of Sales at Less Than 

Fair Value: Sparklers from the People’s Republic of 

China, 56 FR 20588 (May 6, 1991) (Sparklers). 

8See Notice of Final Determination of Sales at 

Less Than Fair Value: Silicon Carbide from the 

People’s Republic of China, 59 FR 22585 (May 2, 

1994) (Silicon Carbide). 

9See Final Results at 64832. 

10Commerce has exercised its discretion under 19 

CFR 351.309(c)(1)(ii) to alter the time limit for 

submission of case briefs. 

11See 19 CFR 351.309(d)(1); see also Temporary 

Rule Modifying AD/CVD Service Requirements Due 

to COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020) (Temporary Rule). 

12See 19 CFR 351.309(c)(2) and (d)(2). 

13 Id. 

14See 19 CFR 351.303. 

15See Temporary Rule. 

16Commerce has exercised its discretion under 19 

CFR 351.310(c) to alter the time limit for requesting 

a hearing. 

exclusion, Commerce discontinued this 

review with respect to, and did not 

issue preliminary or final results of 

review for, Fufeng while awaiting the 

outcome of the appeals process.2 On 

February 10, 2020, the Court of Appeals 

for the Federal Circuit (CAFC) reversed 

the CIT’s decision that resulted in the 

exclusion of Fufeng from the Order.3

Accordingly, Commerce issued a third 

amended final determination in the 

LTFV investigation of xanthan gum 

from China, in which it found Fufeng 

subject to the Order and announced its 

intention to resume the instant review 

of Fufeng.4 Commerce is now amending 

the preliminary results of this 

administrative review by completing the 

administrative review with respect to 

Fufeng. 

In the Third Amended Final 

Determination, Commerce explained 

that: 

. . . because we already selected mandatory 

respondents, other than Fufeng, and issued 

final results with respect to those 

respondents, we will analyze Fufeng’s 

separate rate certification and issue 

preliminary results regarding Fufeng’s 

separate rate status. We will set a briefing 

period to allow interested parties to comment 

on our separate rates determination for 

Fufeng before issuing the final results of 

review with respect to Fufeng.5

Accordingly, we have addressed 

Fufeng’s separate rate status below. 

Scope of the Order 

The product covered by the Order is 

dry xanthan gum, whether or not coated 

or blended with other products, from 

China (xanthan gum).6

Separate Rate Status 

Based on the criteria established by 

Sparklers 7 and Silicon Carbide,8

Commerce preliminarily determines 

that the information placed on the 

record by Fufeng demonstrates an 

absence of de jure and de facto 

government control over its export 

activities. Therefore, we have 

preliminarily granted Fufeng separate 

rate status. For details regarding our 

analysis, see the Preliminary Decision 

Memorandum. 

Dumping Margin for Non-Individually 

Examined Respondents Granted 

Separate Rate Status 

The statute and Commerce’s 

regulations do not identify the dumping 

margin to apply to respondents that are 

eligible for a separate rate in a nonmarket economy antidumping duty 

administrative review that were not 

selected for individual examination. 

Generally, Commerce looks to section 

735(c)(5) of the Tariff Act of 1930, as 

amended (the Act), which provides 

instructions for calculating the allothers rate in a market economy 

antidumping duty investigation, for 

guidance when determining the 

dumping margin for respondents that 

were not individually examined that 

qualify for a separate rate. Section 

735(c)(5)(A) of the Act states that the allothers rate should be calculated by 

averaging the weighted-average 

dumping margins determined for 

individually examined respondents, 

excluding dumping margins that are 

zero, de minimis, or based entirely on 

facts available. Where the dumping 

margins for the individually examined 

respondents 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. 

The dumping margins for both of the 

individually examined respondents in 

this review are zero. Therefore, 

consistent with the dumping margin 

assigned to the other non-individually 

examined separate rate recipients in the 

Final Results of this review, we are 

preliminarily assigning a dumping 

margin of zero percent to Fufeng.9

Disclosure and Public Comment 

Because Commerce did not calculate 

a weighted-average dumping margin for 

Fufeng, there are no calculations to 

disclose to interested parties. 

Interested parties are invited to 

comment on these amended preliminary 

results of review. Pursuant to 19 CFR 

351.309(c)(1)(ii), interested parties may 

submit case briefs no later than 21 days 

after the date of publication of this 

notice in the Federal Register.10

Rebuttal briefs, limited to issues raised 

in the case briefs, may be filed no later 

than seven days after the deadline for 

filing case briefs.11 Parties who submit 

case briefs or rebuttal briefs should 

submit with each argument: (1) A 

statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities.12 Executive 

summaries should be limited to five 

pages total, including footnotes.13 Case 

and rebuttal briefs should be filed using 

Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS).14 Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information until further notice.15

Pursuant to 19 CFR 351.310(c), any 

interested party may request a hearing 

within 21 days of the date of publication 

of this notice in the Federal Register.16

Interested parties who wish to request a 

hearing must submit a written request to 

the Assistant Secretary for Enforcement 

and Compliance, filed electronically via 

ACCESS, by the deadline noted above. 

If a hearing is requested, Commerce will 

notify interested parties of the hearing 

date and time. Requests for a hearing 

should contain: (1) The requesting 

party’s name, address, and telephone 

number; (2) the number of individuals 

from the requesting party’s firm that 

will attend the hearing; and (3) a list of 

the issues the party intends to discuss 

at the hearing. Issues raised in the 

hearing are limited to those issues 

raised in the party’s case and rebuttal 

briefs. 

Unless we extend the deadline for the 

amended final results of this review, we 

intend to issue the amended final 

results of this administrative review, 

including the results of our analysis of 


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49514 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices 

17See section 751(a)(3)(A) of the Act; and 19 CFR 

351.213(h)(1). 

18See 19 CFR 351.212(b)(1). 

19See Notice of Discontinuation of Policy to Issue 

Liquidation Instructions After 15 Days in 

Applicable Antidumping and Countervailing Duty 

Administrative Proceedings, 86 FR 3995 (January 

15, 2021). 

1See Organic Soybean Meal from India: Initiation 

of Countervailing Duty Investigation, 86 FR 22136 

(April 27, 2021) (Initiation Notice). 2See Organic Soybean Meal from India: 

Postponement of Preliminary Determination in the 

Countervailing Duty Investigation, 86 FR 29742 

(June 3, 2021). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Countervailing Duty Investigation of Organic 

Soybean Meal from India,’’ dated concurrently 

with, and hereby adopted by, this notice 

(Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

6See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

7See sections 776(a) and (b) of the Act. 

issues raised by the parties in their 

briefs, within 120 days of the date of 

publication of this notice in the Federal 

Register.17

Assessment Rates 

Upon issuance of the amended final 

results of review, Commerce will 

determine, and CBP shall assess, 

antidumping duties on all appropriate 

entries covered by the amended final 

results of review.18 Commerce intends 

to issue assessment instructions to CBP 

no earlier than 35 days after the date of 

publication of the amended final results 

of this review in the Federal Register.19

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). 

Cash Deposit Requirements 

The cash deposit rate for Fufeng will 

be equal to the dumping margin 

established for Fufeng in the amended 

final results of this review (if the 

dumping margin is zero or de minimis, 

then a cash deposit rate of zero will be 

required). For information regarding the 

cash deposit requirements established 

for other companies in this segment of 

the proceeding, see the Final Results. 

This cash deposit requirement, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f) to file a certificate regarding 

the reimbursement of antidumping and/ 

or countervailing duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in Commerce’s presumption that 

reimbursement of antidumping and/or 

countervailing duties occurred and the 

subsequent assessment of double 

antidumping duties. 

Notification to Interest Parties 

These amended preliminary results of 

administrative review are issued and 

published in accordance with sections 

751(a)(l) and 777(i)(l) of the Act, and 19 

CFR 351.213(h)(1). 

Dated: August 30, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–19065 Filed 9–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–902] 

Organic Soybean Meal from India: 

Preliminary Affirmative Countervailing 

Duty Determination and Alignment of 

Final Determination With Final 

Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that countervailable subsidies are being 

provided to producers and exporters of 

organic soybean meal from India. The 

period of investigation is January 1, 

2020, through December 31, 2020. 

Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable September 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Caserta, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4737. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on April 27, 2021.1 On June 3, 2021, 

Commerce postponed the preliminary 

determination of this investigation and 

the revised deadline is now August 30, 

2021.2 For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

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. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

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

Scope of the Investigation 

The product covered by this 

investigation is organic soybean meal 

from India. For a complete description 

of the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage, (i.e., scope).5 No interested 

party commented on the scope of the 

investigation as it appeared in the 

Initiation Notice. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.6

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available and, because it finds that one 

or more respondents did not act to the 

best of their ability to respond to 

Commerce’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.7 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Preliminary Decision 

Memorandum. 

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), Commerce is aligning the 


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