80 FR 52031 - Xanthan Gum From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 166 (August 27, 2015)
International Trade Administration
Federal Register Volume 80, Issue 166 (August 27, 2015)
| Page Range | 52031-52032 | |
| FR Document | 2015-21250 |
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)] [Notices] [Pages 52031-52032] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21250] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-985] Xanthan Gum From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: August 27, 2015. SUMMARY: The Department of Commerce (``Department'') is initiating a new shipper review of the antidumping duty order on xanthan gum from the People's Republic of China (``PRC'') with respect to Inner Mongolia Jianlong Biochemical Co., Ltd. (``Inner Mongolia Jianlong''). The period of review (``POR'') for the new shipper review is July 1, 2014, through June 30, 2015. FOR FURTHER INFORMATION CONTACT: Brandon Farlander, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0182. SUPPLEMENTARY INFORMATION: Background The Department published the antidumping duty order on xanthan gum from the PRC on July 19, 2013.\1\ On July 31, 2015, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 351.214(c), the Department received a timely request for a new shipper review from Inner Mongolia Jianlong.\2\ On August 11, 2015, the Department received entry data from U.S Customs and Border Protection (``CBP'') relating to this request for a new shipper review.\3\ In addition, the Department requested that CBP provide entry documents pertaining to the entry that is subject to Inner Mongolia Jianlong's request to confirm certain information reported in the Initiation Request.\4\ The continuation of the new shipper review will be contingent upon confirmation of the relevant information reported in the Initiation Request. --------------------------------------------------------------------------- \1\ 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''). \2\ See Letter to the Secretary of Commerce ``Re: Xanthan Gum from the People's Republic of China--Request for New Shipper Review,'' dated July 31, 2015 (``Initiation Request''). \3\ See Memorandum to the File from Howard Smith, Program Manager, AD/CVD Operations, Office IV regarding ``U.S. Customs and Border Protection Data; Customs Query Results for Inner Mongolia Jianlong Biochemical Co., Ltd.,'' dated August 18, 2015. \4\ See Memorandum to Sherri L. Hoffman, Director, AD/CVD/ Revenue Policy & Programs, Office of International Trade, U.S. Customs and Border Protection, from Abdelali Elouaradia, Director Office IV, AD/CVD Operations, Enforcement and Compliance, ``Request for U.S. Entry Documents--Xanthan Gum from the People's Republic of China (A-570-985),'' dated August 18, 2015. --------------------------------------------------------------------------- Inner Mongolia Jianlong reported that it was the producer and exporter for the sale of subject merchandise upon which the request for the new shipper review is based.\5\ --------------------------------------------------------------------------- \5\ See Initiation Request at 1. --------------------------------------------------------------------------- Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Inner Mongolia Jianlong certified that it did not export xanthan gum to the United States during the period of investigation (``POI'').\6\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Inner Mongolia Jianlong certified that, since the initiation of the investigation, it has never been affiliated with an exporter or producer that exported xanthan gum to the United States during the POI, including those not individually examined during the investigation.\7\ As required by 19 CFR 351.214(b)(2)(iii)(B), Inner Mongolia Jianlong also certified that its export activities were not controlled by the government of the PRC.\8\ --------------------------------------------------------------------------- \6\ Id. at 2. \7\ Id. \8\ Id. --------------------------------------------------------------------------- In addition, pursuant to 19 CFR 351.214(b)(2)(iv), Inner Mongolia Jianlong submitted documentation concerning the following: (1) The date [[Page 52032]] on which it first shipped xanthan gum for export to the United States and the date on which the xanthan gum was first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.\9\ --------------------------------------------------------------------------- \9\ Id. at 2-3 and Exhibit 1. --------------------------------------------------------------------------- The Department conducted a CBP database query and confirmed by examining the results of the CBP data query that Inner Mongolia Jianlong's subject merchandise entered the United States during the POR specified by the Department's regulations.\10\ --------------------------------------------------------------------------- \10\ See 19 CFR 351.214(g)(1)(i)(A). --------------------------------------------------------------------------- Period of Review Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for the new shipper review of Inner Mongolia Jianlong is July 1, 2014, through June 30, 2015.\11\ --------------------------------------------------------------------------- \11\ See 19 CFR 351.214(g)(1)(ii)(B). --------------------------------------------------------------------------- Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and based on the information on the record, the Department finds that Inner Mongolia Jianlong meets the threshold requirements for initiation of a new shipper review of its shipment of xanthan gum from the PRC.\12\ However, if the information supplied by Inner Mongolia Jianlong is later found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review or apply facts available pursuant to section 776 of the Act, depending upon the facts on the record. --------------------------------------------------------------------------- \12\ See Memorandum to the File through Abdelali Elouaradia, Director, AD/CVD Operations, Office IV ``Initiation of Antidumping New Shipper Review of Xanthan Gum From the People's Republic of China: Inner Mongolia Jianlong Biochemical Co., Ltd. Initiation Checklist,'' dated concurrently with this notice. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish the notice of initiation of a new shipper review no later than the last day of the month following the anniversary month or semiannual anniversary month of the order. The Department intends to issue the preliminary results of this review no later than 180 days from the date of initiation, and the final results of this review no later than 90 days after the date the preliminary results are issued.\13\ --------------------------------------------------------------------------- \13\ See section 751(a)(2)(B)(iv) of the Act; 19 CFR 351.214(i). --------------------------------------------------------------------------- It is the Department's usual practice, in cases involving non- market economies (``NME''), to require that a company seeking to establish eligibility for an antidumping duty rate separate from the NME-wide entity to provide evidence of the absence of de jure and de facto government control over the company's export activities.\14\ Accordingly, the Department will issue a questionnaire to Inner Mongolia Jianlong which will include a section requesting information with regard to its export activities for the purpose of establishing Inner Mongolia Jianlong's eligibility for a separate rate. The review of Inner Mongolia Jianlong will proceed if the evidence provides sufficient indication that Inner Mongolia Jianlong is not subject to either de jure or de facto government control with respect to its exports of subject merchandise. --------------------------------------------------------------------------- \14\ See Xanthan Gum From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 79 FR 11083, 11084 (February 27, 2014). --------------------------------------------------------------------------- The Department will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for entries of subject merchandise from Inner Mongolia Jianlong in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Inner Mongolia Jianlong certified that it produced and exported the subject merchandise that is the subject of this new shipper review, the Department will apply the bonding privilege only for subject merchandise produced and exported by Inner Mongolia Jianlong. Interested parties requiring access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation notice is published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: August 21, 2015. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-21250 Filed 8-26-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices 52031
before the later of 120 days after the date 7. All Others Rate July 31, 2015, pursuant to section
of this preliminary determination or 45 8. Discussion of the Methodology 751(a)(2)(B)(i) of the Tariff Act of 1930,
days after our final determination A. Determination of the Comparison as amended (the ‘‘Act’’), and 19 CFR
whether these imports are materially Method 351.214(c), the Department received a
B. Results of Differential Pricing Analysis
injuring, or threaten material injury to, 9. Date of Sale
timely request for a new shipper review
the U.S. industry. 10. Product Comparisons from Inner Mongolia Jianlong.2 On
This determination is issued and 11. Treatment of Re-Export Sales August 11, 2015, the Department
published in accordance with sections 12. Export Price received entry data from U.S Customs
733(f) and 777(i)(1) of the Act and 19 13. Constructed Export Price and Border Protection (‘‘CBP’’) relating
CFR 351.205(c). 14. Normal Value to this request for a new shipper
A. Home Market Viability review.3 In addition, the Department
Dated: August 19, 2015. B. Affiliated Party Transactions and Arm’s- requested that CBP provide entry
Paul Piquado, Length Test documents pertaining to the entry that
Assistant Secretary for Enforcement and C. Level of Trade is subject to Inner Mongolia Jianlong’s
Compliance. D. Cost of Production Analysis
1. Calculation of COP
request to confirm certain information
Appendix I 2. Test of Comparison Market Sales Prices reported in the Initiation Request.4 The
3. Results of the COP Test continuation of the new shipper review
The merchandise covered by this
investigation includes uncoated paper in 4. Constructed Value will be contingent upon confirmation of
sheet form; weighing at least 40 grams per E. Calculation of Normal Value Based on the relevant information reported in the
square meter but not more than 150 grams Comparison Market Prices Initiation Request.
per square meter; that either is a white paper 15. Currency Conversion Inner Mongolia Jianlong reported that
with a GE brightness level of 85 or higher or 16. Verification it was the producer and exporter for the
is a colored paper; whether or not surface- [FR Doc. 2015–21176 Filed 8–26–15; 8:45 am] sale of subject merchandise upon which
decorated, printed (except as described BILLING CODE 3510–DS–P the request for the new shipper review
below), embossed, perforated, or punched; is based.5
irrespective of the smoothness of the surface; Pursuant to section 751(a)(2)(B)(i)(I) of
and irrespective of dimensions (Certain the Act and 19 CFR 351.214(b)(2)(i),
DEPARTMENT OF COMMERCE
Uncoated Paper). Inner Mongolia Jianlong certified that it
Certain Uncoated Paper includes (a)
International Trade Administration did not export xanthan gum to the
uncoated free sheet paper that meets this
scope definition; (b) uncoated ground wood [A–570–985]
United States during the period of
paper produced from bleached chemi- investigation (‘‘POI’’).6 In addition,
thermo-mechanical pulp (‘‘BCTMP’’) that Xanthan Gum From the People’s pursuant to section 751(a)(2)(B)(i)(II) of
meets this scope definition; and (c) any other Republic of China: Initiation of the Act and 19 CFR 351.214(b)(2)(iii)(A),
uncoated paper that meets this scope Antidumping Duty New Shipper Inner Mongolia Jianlong certified that,
definition regardless of the type of pulp used Review since the initiation of the investigation,
to produce the paper. it has never been affiliated with an
Specifically excluded from the scope are AGENCY: Enforcement and Compliance, exporter or producer that exported
(1) paper printed with final content of International Trade Administration, xanthan gum to the United States during
printed text or graphics and (2) lined paper Department of Commerce.
products, typically school supplies,
the POI, including those not
composed of paper that incorporates straight DATES: Effective Date: August 27, 2015. individually examined during the
horizontal and/or vertical lines that would SUMMARY: The Department of Commerce investigation.7 As required by 19 CFR
make the paper unsuitable for copying or (‘‘Department’’) is initiating a new 351.214(b)(2)(iii)(B), Inner Mongolia
printing purposes. shipper review of the antidumping duty Jianlong also certified that its export
Imports of the subject merchandise are order on xanthan gum from the People’s activities were not controlled by the
provided for under Harmonized Tariff Republic of China (‘‘PRC’’) with respect government of the PRC.8
Schedule of the United States (‘‘HTSUS’’) to Inner Mongolia Jianlong Biochemical In addition, pursuant to 19 CFR
categories 4802.56.1000, 4802.56.2000, 351.214(b)(2)(iv), Inner Mongolia
Co., Ltd. (‘‘Inner Mongolia Jianlong’’).
4802.56.3000, 4802.56.4000, 4802.56.6000, Jianlong submitted documentation
4802.56.7020, 4802.56.7040, 4802.57.1000, The period of review (‘‘POR’’) for the
new shipper review is July 1, 2014, concerning the following: (1) The date
4802.57.2000, 4802.57.3000, and
4802.57.4000. Some imports of subject through June 30, 2015.
2 See Letter to the Secretary of Commerce ‘‘Re:
merchandise may also be classified under FOR FURTHER INFORMATION CONTACT: Xanthan Gum from the People’s Republic of
4802.62.1000, 4802.62.2000, 4802.62.3000, Brandon Farlander, AD/CVD China—Request for New Shipper Review,’’ dated
4802.62.5000, 4802.62.6020, 4802.62.6040, Operations, Office IV, Enforcement and July 31, 2015 (‘‘Initiation Request’’).
4802.69.1000, 4802.69.2000, 4802.69.3000, 3 See Memorandum to the File from Howard
Compliance, International Trade
4811.90.8050 and 4811.90.9080. While Smith, Program Manager, AD/CVD Operations,
HTSUS subheadings are provided for Administration, U.S. Department of Office IV regarding ‘‘U.S. Customs and Border
convenience and customs purposes, the Commerce, 14th Street and Constitution Protection Data; Customs Query Results for Inner
written description of the scope of the Avenue NW., Washington, DC 20230; Mongolia Jianlong Biochemical Co., Ltd.,’’ dated
telephone: (202) 482–0182. August 18, 2015.
investigation is dispositive. 4 See Memorandum to Sherri L. Hoffman,
Appendix II SUPPLEMENTARY INFORMATION: Director, AD/CVD/Revenue Policy & Programs,
Office of International Trade, U.S. Customs and
List of Topics Discussed in the Preliminary Background Border Protection, from Abdelali Elouaradia,
Director Office IV, AD/CVD Operations,
rmajette on DSK2VPTVN1PROD with NOTICES
Decision Memorandum The Department published the Enforcement and Compliance, ‘‘Request for U.S.
1. Summary antidumping duty order on xanthan Entry Documents—Xanthan Gum from the People’s
2. Background gum from the PRC on July 19, 2013.1 On Republic of China (A–570–985),’’ dated August 18,
3. Period of Investigation 2015.
4. Postponement of Final Determination and 1 See Xanthan Gum From the People’s Republic
5 See Initiation Request at 1.
Extension of Provision Measures of China: Amended Final Determination of Sales at
6 Id. at 2.
5. Scope Comments Less Than Fair Value and Antidumping Duty Order, 7 Id.
6. Affiliation Determinations 78 FR 43143 (July 19, 2013) (‘‘Order’’). 8 Id.
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![52032 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Notices
on which it first shipped xanthan gum from the NME-wide entity to provide ACTION: Notice.
for export to the United States and the evidence of the absence of de jure and
date on which the xanthan gum was de facto government control over the SUMMARY: The Department of
first entered, or withdrawn from company’s export activities.14 Commerce, as part of its continuing
warehouse, for consumption; (2) the Accordingly, the Department will issue effort to reduce paperwork and
volume of its first shipment; and (3) the a questionnaire to Inner Mongolia respondent burden, invites the general
date of its first sale to an unaffiliated Jianlong which will include a section public and other Federal agencies to
customer in the United States.9 requesting information with regard to its take this opportunity to comment on
The Department conducted a CBP export activities for the purpose of proposed and/or continuing information
database query and confirmed by establishing Inner Mongolia Jianlong’s collections, as required by the
examining the results of the CBP data eligibility for a separate rate. The review Paperwork Reduction Act of 1995.
query that Inner Mongolia Jianlong’s of Inner Mongolia Jianlong will proceed DATES: Written comments must be
subject merchandise entered the United if the evidence provides sufficient submitted on or before October 26,
States during the POR specified by the indication that Inner Mongolia Jianlong 2015.
Department’s regulations.10 is not subject to either de jure or de ADDRESSES: Direct all written comments
Period of Review facto government control with respect to to Jennifer Jessup, Departmental
its exports of subject merchandise. Paperwork Clearance Officer,
Pursuant to 19 CFR
The Department will instruct CBP to Department of Commerce, Room 6616,
351.214(g)(1)(i)(A), the POR for the new
allow, at the option of the importer, the 14th and Constitution Avenue NW.,
shipper review of Inner Mongolia
posting, until the completion of the Washington, DC 20230 (or via the
Jianlong is July 1, 2014, through June
review, of a bond or security in lieu of Internet at JJessup@doc.gov).
30, 2015.11
a cash deposit for entries of subject FOR FURTHER INFORMATION CONTACT:
Initiation of New Shipper Review merchandise from Inner Mongolia Requests for additional information or
Pursuant to section 751(a)(2)(B) of the Jianlong in accordance with section copies of the information collection
Act, 19 CFR 351.214(b), and based on 751(a)(2)(B)(iii) of the Act and 19 CFR instrument and instructions should be
the information on the record, the 351.214(e). Because Inner Mongolia directed to Dawn Bailey, Baldrige
Department finds that Inner Mongolia Jianlong certified that it produced and Performance Excellence Program, 100
Jianlong meets the threshold exported the subject merchandise that is Bureau Drive, Stop 1020, Gaithersburg,
requirements for initiation of a new the subject of this new shipper review, MD 20899, 301–975–3074,
shipper review of its shipment of the Department will apply the bonding dawn.bailey@nist.gov.
xanthan gum from the PRC.12 However, privilege only for subject merchandise SUPPLEMENTARY INFORMATION:
if the information supplied by Inner produced and exported by Inner
Mongolia Jianlong is later found to be Mongolia Jianlong. I. Abstract
incorrect or insufficient during the Interested parties requiring access to The Baldrige Performance Excellence
course of this proceeding, the proprietary information in this new Program seeks applicants for the
Department may rescind the review or shipper review should submit Baldrige Executive Fellows Program, a
apply facts available pursuant to section applications for disclosure under one-year, leadership development
776 of the Act, depending upon the facts administrative protective order in experience for direct reports to the most
on the record. accordance with 19 CFR 351.305 and senior leader in an organization or
Pursuant to 19 CFR 351.221(c)(1)(i), 351.306. business unit leaders. Using the
the Department will publish the notice This initiation notice is published in Baldrige Excellence Framework as a
of initiation of a new shipper review no accordance with section 751(a)(2)(B) of foundation, the program discusses
later than the last day of the month the Act and 19 CFR 351.214 and impactful leadership through visits to
following the anniversary month or 351.221(c)(1)(i). Baldrige Award recipient sites and
semiannual anniversary month of the Dated: August 21, 2015. senior leaders, virtual discussions, and
order. The Department intends to issue Gary Taverman, face-to-face peer training using an adult
the preliminary results of this review no learning model. Fellows will discuss
Associate Deputy Assistant Secretary for
later than 180 days from the date of Antidumping and Countervailing Duty how to achieve performance excellence
initiation, and the final results of this Operations. for their own organizations, stimulate
review no later than 90 days after the [FR Doc. 2015–21250 Filed 8–26–15; 8:45 am] innovation, and build the knowledge
date the preliminary results are and capabilities necessary for
BILLING CODE 3510–DS–P
issued.13 organizational sustainability. Fellows
It is the Department’s usual practice, will create a capstone project that
in cases involving non-market DEPARTMENT OF COMMERCE tackles an issue of strategic importance
economies (‘‘NME’’), to require that a in their own organizations; capstones
company seeking to establish eligibility National Institute of Standards and have included innovating supply chains
for an antidumping duty rate separate Technology and customer relationship management
systems, improving health systems and
9 Id. at 2–3 and Exhibit 1. Proposed Information Collection; their communication with physicians,
10 See 19 CFR 351.214(g)(1)(i)(A). Comment Request; Baldrige Executive and creating balanced scorecards. The
11 See 19 CFR 351.214(g)(1)(ii)(B).
Fellows Program Baldrige Executive Fellows has been
rmajette on DSK2VPTVN1PROD with NOTICES
12 See Memorandum to the File through Abdelali
Elouaradia, Director, AD/CVD Operations, Office IV nationally recognized for two
AGENCY: National Institute of Standards
‘‘Initiation of Antidumping New Shipper Review of consecutive years as the number-one
and Technology, Commerce.
Xanthan Gum From the People’s Republic of China: leadership development program in the
Inner Mongolia Jianlong Biochemical Co., Ltd. military/government category of the
Initiation Checklist,’’ dated concurrently with this 14 See Xanthan Gum From the People’s Republic
notice. of China: Initiation of Antidumping Duty New
Leadership 500 Awards, sponsored by
13 See section 751(a)(2)(B)(iv) of the Act; 19 CFR Shipper Review, 79 FR 11083, 11084 (February 27, HR.com. The program is aligned with
351.214(i). 2014). the Baldrige Program mission to
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Document Created: 2015-12-15 10:53:31
Document Modified: 2015-12-15 10:53:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Brandon Farlander, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0182. | |
| FR Citation | 80 FR 52031 |
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