[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78797-78799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30660]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Preliminary 
Results of 2013 Antidumping Duty New Shipper Review

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review (``NSR'') of the antidumping duty order on xanthan 
gum from the People's Republic of China (``PRC''). The NSR covers 
Meihua Group International Trading (Hong Kong) Limited, Langfang Meihua 
Bio-Technology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd. 
(collectively, ``Meihua''). The period of review (``POR'') is July 19, 
2013, through December 31, 2013. The Department preliminarily 
determines that Meihua has not made sales of subject merchandise at 
less than normal value. Interested parties are invited to comment on 
the preliminary results of this review.

DATES: Effective Date: December 31, 2014.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0182.

SUPPLEMENTARY INFORMATION:

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 (``HTS'') 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.\1\
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    \1\ For a complete description of the Scope of the Order, see 
``Decision Memorandum for the Preliminary Results of the 2013 
Antidumping Duty New Shipper Review of Xanthan Gum from the People's 
Republic of China,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance (``Preliminary Decision Memorandum''), dated concurrently 
with this notice.
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Preliminary Affiliation Determination

    Based on the evidence presented in Meihua's questionnaire 
responses, we preliminarily find that Meihua Group International 
Trading (Hong Kong) Limited, Langfang Meihua Bio-Technology Co., Ltd., 
and Xinjiang Meihua Amino Acid Co., Ltd. are affiliated, pursuant to 
section 771(33)(F) of the Tariff Act of 1930, as amended (``the Act''). 
In addition, based on the information presented in the questionnaire 
responses, we preliminarily find that Meihua Group International 
Trading (Hong Kong) Limited, Langfang Meihua Bio-Technology Co., Ltd., 
and Xinjiang Meihua Amino Acid Co., Ltd. should be treated as a single 
company for the purposes of this review pursuant to section 19 CFR 
351.401(f).\2\
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    \2\ See the memorandum from Brandon Farlander, International 
Trade Analyst, AD/CVD Operations Office IV to Abdelali Elouaradia, 
Director, AD/CVD Operations Office IV regarding ``Xanthan Gum from 
the People's Republic of China: Affiliation and Single Company 
Status'' dated concurrently with this notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214. The Department calculated 
export price in accordance with section 772 of the Act. Because the PRC 
is a nonmarket economy (``NME'') within the meaning of section 771(18) 
of the Act, the Department calculated normal value in accordance with 
section 773(c) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum, 
which is hereby adopted with 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

[[Page 78798]]

at http://access.trade.gov and is available in the Central Records 
Unit, room 7046 of the main Department of Commerce building.\3\ In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.
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    \3\ ACCESS is the new acronym for Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS). We changed the Web site location from http://iaaccess.trade.gov to http://access.trade.gov. See 19 CFR 351.303, 
as amended in Enforcement and Compliance; Change of Electronic 
Filing System Name, 79 FR 69046 (November 20, 2014).
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Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period July 19, 2013 through December 31, 
2013:

------------------------------------------------------------------------
                                                       Weighted- average
           Exporter                    Producer          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Meihua Group International      Meihua Group                       0.00%
 Trading (Hong Kong) Limited/    International
 Langfang Meihua Bio-            Trading (Hong Kong)
 Technology Co., Ltd./Xinjiang   Limited/Langfang
 Meihua Amino Acid Co., Ltd.     Meihua Bio-
                                 Technology Co., Ltd./
                                 Xinjiang Meihua
                                 Amino Acid Co., Ltd.
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Disclosure and Public Comment

    In accordance with 19 CFR 351.224(b), the Department will disclose 
calculations performed for the preliminary results of review to parties 
within five days of the date of publication of this notice. Interested 
parties may submit case briefs no later than 30 days after the date of 
publication of the preliminary results of review.\4\ Rebuttals to case 
briefs may be filed no later than five days after the time limit for 
filing case briefs.\5\ All rebuttal comments must be limited to 
comments raised in the case briefs.\6\ Parties who submit case briefs 
or rebuttal briefs in this proceeding are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\7\
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    \4\ See 19 CFR 351.309(c).
    \5\ See 19 CFR 351.309(d)(1).
    \6\ See 19 CFR 351.309(d)(2).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\8\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral arguments are limited to 
issues raised in case briefs. 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 date and time to be determined.\9\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\10\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 1870 of the main Department of Commerce building and stamped 
with the date and time of receipt by 5 p.m. ET on the due date.\11\
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    \10\ See, generally, 19 CFR 351.303.
    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department intends to issue the final results of this NSR, 
which will include the results of its analysis of issues raised in any 
briefs received, no later than 90 days after the date these preliminary 
results of review are issued pursuant to section 751(a)(2)(B)(iv) of 
the Act and 19 CFR 351.214(i)(1).

Assessment Rates

    Upon issuing the final results of this review, the Department will 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries covered by this 
review.\12\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review.
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    \12\ See 19 CFR 351.212(b).
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    If Meihua's weighted-average dumping margin is above de minimis 
(i.e., 0.5 percent) in the final results of this review, the Department 
will calculate importer-specific assessment rates on the basis of the 
ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those sales, in accordance 
with 19 CFR 351.212(b)(1).\13\ Where an importer- (or customer-) 
specific ad valorem rate is greater than de minimis, the Department 
will instruct CBP to collect the appropriate duties at the time of 
liquidation.\14\ Where either Meihua's weighted average dumping margin 
is zero or de minimis, or an importer- (or customer-) specific ad 
valorem dumping margin is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\15\ For entries that were not reported in the U.S. 
sales database submitted by Meihua, the Department will instruct CBP to 
liquidate such entries at the PRC-wide rate.\16\
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    \13\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \14\ See 19 CFR 351.212(b)(1).
    \15\ Id.
    \16\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For subject merchandise produced 
and exported by Meihua, the cash deposit rate will be the rate 
established for Meihua in the final results of the NSR (except, if the 
rate is zero or de minimis, then a zero cash deposit will be required); 
(2) for subject merchandise exported by Meihua, but not produced by 
Meihua, the cash deposit rate will be the rate for the PRC-wide entity; 
and (3) for subject merchandise produced by Meihua, but not exported by 
Meihua, the cash

[[Page 78799]]

deposit rate will be the rate applicable to the exporter. These deposit 
requirements, 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)(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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214.

    Dated: December 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Bona Fide Sale Analysis
2. Non-Market Economy Country Status
3. Separate Rate
4. Surrogate Country
5. Date of Sale
6. Fair Value Comparisons
7. U.S. Price
8. Normal Value

[FR Doc. 2014-30660 Filed 12-30-14; 8:45 am]
BILLING CODE 3510-DS-P