81_FR_54202 81 FR 54045 - Xanthan Gum From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Preliminary Partial Rescission of Antidumping Duty Administrative Review; 2014-2015

81 FR 54045 - Xanthan Gum From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Preliminary Partial Rescission of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 157 (August 15, 2016)

Page Range54045-54047
FR Document2016-19410

In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on xanthan gum from the People's Republic of China (``PRC''). The period of review (``POR'') is July 1, 2014, through June 30, 2015. The Department preliminarily: Found that mandatory respondent Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. (``Fufeng'') did not make sales of subject merchandise in the United States at prices below normal value (``NV'') during the POR; applied total adverse facts available to A.H.A. International Co., Ltd. and Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd. (``Deosen''); granted separate rates to CP Kelco (Shandong) Biological Company Limited and Shanghai Smart Chemicals Co., Ltd.; included Hebei Xinhe Biochemical Co., Ltd. as part of the PRC- wide entity; and determined that three companies, Meihua Group International Trading (Hong Kong) Limited; Langfang Meihua Bio- Technology Co., Ltd.; and Xinjiang Meihua Amino Acid Co., Ltd., had no reviewable U.S. sales during the POR. Additionally, the Department is preliminarily rescinding this administrative review with respect to Inner Mongolia Jianlong Biochemical Co., Ltd (``Inner Mongolia Jianlong''). If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 157 (Monday, August 15, 2016)
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54045-54047]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19410]



[[Page 54045]]

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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 Antidumping Duty Administrative Review, Preliminary 
Determination of No Shipments, and Preliminary Partial Rescission of 
Antidumping Duty Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``the Department'') is conducting an 
administrative review of the antidumping duty order on xanthan gum from 
the People's Republic of China (``PRC''). The period of review 
(``POR'') is July 1, 2014, through June 30, 2015. The Department 
preliminarily: Found that mandatory respondent Neimenggu Fufeng 
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies 
Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng 
Biotechnologies Co., Ltd. (``Fufeng'') did not make sales of subject 
merchandise in the United States at prices below normal value (``NV'') 
during the POR; applied total adverse facts available to A.H.A. 
International Co., Ltd. and Deosen Biochemical Ltd./Deosen Biochemical 
(Ordos) Ltd. (``Deosen''); granted separate rates to CP Kelco 
(Shandong) Biological Company Limited and Shanghai Smart Chemicals Co., 
Ltd.; included Hebei Xinhe Biochemical Co., Ltd. as part of the PRC-
wide entity; and determined that three companies, Meihua Group 
International Trading (Hong Kong) Limited; Langfang Meihua Bio-
Technology Co., Ltd.; and Xinjiang Meihua Amino Acid Co., Ltd., had no 
reviewable U.S. sales during the POR. Additionally, the Department is 
preliminarily rescinding this administrative review with respect to 
Inner Mongolia Jianlong Biochemical Co., Ltd (``Inner Mongolia 
Jianlong''). If these preliminary results are adopted in the final 
results of this review, we will instruct U.S. Customs and Border 
Protection (``CBP'') to assess antidumping duties on all appropriate 
entries. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective August 15, 2016.

FOR FURTHER INFORMATION CONTACT: Erin Kearney or Andrew Martinez, AD/
CVD Operations, Office IV, Enforcement & Compliance, International 
Trade Administration, Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0167 or (202) 482-3627, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
administrative review on September 2, 2015.\1\ For a complete 
description of the events that followed the initiation of this 
administrative review, see the Preliminary Decision Memorandum hereby 
adopted by this notice.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 53106 (September 2, 2015) 
(``Initiation Notice'').
    \2\ See ``Decision Memorandum for the Preliminary Results of the 
Second Antidumping Duty Administrative Review of Xanthan Gum from 
the People's Republic of China,'' (``Preliminary Decision 
Memorandum''), dated concurrently with this notice.
---------------------------------------------------------------------------

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 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.\3\
---------------------------------------------------------------------------

    \3\ For a complete description of the scope of the order, see 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Tolling of Deadline of Preliminary Results of Review

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days.\4\ As a result, 
the revised deadline for the preliminary results of this review was 
April 7, 2016. On April 4, 2016, the Department extended the deadline 
for the preliminary results to August 5, 2016.
---------------------------------------------------------------------------

    \4\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, ``Tolling of 
Administrative Deadlines As a Result of the Government Closure 
During Snowstorm Jonas'' (January 27, 2016).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the ``Act''). The 
Department calculated export prices and constructed export prices, as 
appropriate, in accordance with section 772 of the Act. Given that the 
PRC is a non-market economy (``NME'') country, within the meaning of 
section 771(18) of the Act, the Department calculated NV in accordance 
with section 773(c) of the Act.
    For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum, which is hereby adopted by this notice.\5\ The Preliminary 
Decision Memorandum is a public document and is made available to the 
public 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, and is 
available to all parties in the Central Records Unit, Room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ A list of topics discussed in the Preliminary Decision 
Memorandum is provided in the Appendix to this notice.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Based on an analysis of CBP information and timely certifications 
of no shipments during the POR, the Department preliminarily determines 
that Meihua Group International Trading (Hong Kong) Limited, Langfang 
Meihua Bio-Technology Co., Ltd., and Xinjiang Meihua Amino Acid Co., 
Ltd. had no shipments and, therefore, no reviewable transactions during 
the POR. For additional information regarding this determination, see 
the Preliminary Decision Memorandum.
    Consistent with our practice in NME cases, the Department is not 
rescinding this administrative review for these companies, but intends 
to complete the review and issue appropriate instructions to CBP based 
on the final results of the review.\6\
---------------------------------------------------------------------------

    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

Preliminary Partial Rescission of Antidumping Duty Administrative 
Review

    Inner Mongolia Jianlong's one sale during the POR is subject to 
both an

[[Page 54046]]

ongoing new shipper review and this administrative review. The 
Department preliminarily rescinded the new shipper review based on a 
finding that the sale was not a bona fide sale.\7\ Because the sale 
subject to this administrative review is the same sale preliminarily 
found to be a non-bona fide sale in the new shipper review, and there 
are no other reviewable sales by Inner Mongolia Jianlong during the 
POR, we are preliminarily rescinding this review with respect to Inner 
Mongolia Jianlong. For additional information regarding this 
determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See Memorandum to the File, ``Inner Mongolia Jianlong 
Biochemical Co., Ltd.'s New Shipper Review Analysis,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Preliminary Results of Review

    Based on record evidence, the Department preliminarily continues to 
treat Deosen Biochemical Ltd. and Deosen Biochemical (Ordos) Ltd. as a 
single entity for AD purposes. Furthermore, based on record evidence, 
the Department preliminarily finds that Neimenggu Fufeng 
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies 
Co., Ltd.), Shandong Fufeng Fermentation Co. Ltd., and Xinjiang Fufeng 
Biotechnologies Co., Ltd. are affiliated and should be treated as a 
single entity for AD purposes. For additional information, see the 
Preliminary Decision Memorandum.
    In addition to the mandatory respondents, we preliminarily 
determine that CP Kelco (Shandong) Biological Company Limited and 
Shanghai Smart Chemicals Co., Ltd. also demonstrated their eligibility 
for a separate rate in this administrative review. Consistent with the 
Department's practice, we preliminarily assigned these companies a rate 
equal to the simple average of the weighted-average dumping margins 
assigned to the mandatory respondents in this review.\8\
---------------------------------------------------------------------------

    \8\ See Preliminary Decision Memorandum. Because only two 
weighted-average dumping margins were assigned to the individually 
examined respondents for these preliminary results, using a weighted 
average of these two rates risks disclosure of business proprietary 
information. Therefore we calculated a simple average of the rates 
assigned to Fufeng and Deosen.
---------------------------------------------------------------------------

    Because Hebei Xinhe Biochemical Co. Ltd. did not submit a separate 
rate application or separate rate certification, or make a claim that 
it had no exports, sales, or entries of subject merchandise during the 
POR by the deadline established in the Initiation Notice, we 
preliminarily find that it failed to establish its entitlement to a 
separate rate and that it, therefore, remains a part of the PRC-wide 
entity.\9\ The rate previously established for the PRC-wide entity is 
154.07 percent. This rate is not under review.\10\
---------------------------------------------------------------------------

    \9\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 51548, 51549 (August 29, 2014) (``All 
firms listed below that wish to qualify for separate rate status in 
the administrative reviews involving NME countries must complete, as 
appropriate, either a separate rate application or certification. . 
.'').
    \10\ See Preliminary Decision Memorandum. Pursuant to the 
Department's change in practice, the Department no longer considers 
the NME entity as an exporter conditionally subject to 
administrative reviews. See Antidumping Proceedings: Announcement of 
Change in Department Practice for Respondent Selection in 
Antidumping Duty Proceedings and Conditional Review of the Nonmarket 
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 
65970 (November 4, 2013). Under this practice, the NME entity will 
not be under review unless a party specifically requests, or the 
Department self-initiates, a review of the entity. Because no party 
requested a review of the entity, the entity is not under review and 
the entity's rate is not subject to change.
---------------------------------------------------------------------------

    Finally, we preliminarily determined that Deosen and A.H.A. 
International Co., Ltd. did not cooperate to the best of their ability 
in this administrative review, and as a result, we have based their 
dumping margins on adverse facts available for these preliminary 
results.\11\
---------------------------------------------------------------------------

    \11\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the POR:

 
------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka                     0.00
 Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
 Shandong Fufeng Fermentation Co., Ltd./Xinjiang
 Fufeng Biotechnologies Co., Ltd....................
Deosen Biochemical Ltd./Deosen Biochemical (Ordos)                154.07
 Ltd................................................
A.H.A. International Co., Ltd.......................              154.07
CP Kelco (Shandong) Biological Company Limited......               77.04
Shanghai Smart Chemicals Co., Ltd...................               77.04
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\12\ 
Rebuttals to case briefs may be filed no later than five days after 
case briefs are filed, and all rebuttal comments must be limited to 
comments raised in the case briefs.\13\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\14\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\15\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, which will include the 
results of its analysis of issues raised in the case briefs, within 120 
days of publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\16\ The Department intends to issue appropriate 
assessment instructions to CBP 15 days after the

[[Page 54047]]

publication of the final results of this review.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For each individually examined respondent in this review whose 
calculated weighted-average dumping margin in the final results of 
review is above de minimis (i.e., greater than or equal to 0.5 
percent), the Department intends to calculate importer- (or customer) 
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\17\ 
Where the respondent reported reliable entered values, the Department 
intends to calculate importer- (or customer) specific ad valorem rates 
by aggregating the dumping margins calculated for all U.S. sales to the 
importer (or customer) and dividing this amount by the total entered 
value of the sales to the importer (or customer).\18\ Where the 
Department calculates an importer- (or customer) specific weighted-
average dumping margin by dividing the total amount of dumping for 
reviewed sales to the importer (or customer) by the total sales 
quantity associated with those transactions, the Department will direct 
CBP to assess importer- (or customer) specific assessment rates based 
on the resulting per-unit rates.\19\ We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate is above de minimis. Where 
either the respondent's weighted average dumping margin is zero or de 
minimis, or an importer (or customer-) specific ad valorem or per-unit 
rate is zero or de minimis, the Department will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\20\ 
For entries that were not reported in the U.S. sales database submitted 
by a company individually examined during this review, and any 
suspended entries that entered under an exporter's case number however 
the Department determined that the exporter had no shipments of subject 
merchandise, the Department will instruct CBP to liquidate such entries 
at the PRC-wide rate.\21\
---------------------------------------------------------------------------

    \17\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(``Final Modification'').
    \18\ See 19 CFR 351.212(b)(1).
    \19\ Id.
    \20\ See Final Modification at 8103.
    \21\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For the companies 
listed above that have a separate rate, the cash deposit rate will be 
that rate established in the final results of this review (except, if 
the rate is zero or de minimis, then the cash deposit rate of zero will 
be established for that company); (2) for previously investigated or 
reviewed PRC and non-PRC exporters that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific rate; (3) for all PRC exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the rate for the PRC-wide 
entity, which is 154.07 percent; and (4) for all non-PRC exporters of 
subject merchandise that have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter(s) that 
supplied that non-PRC 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 POR. 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)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: August 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Selection of Respondents
5. Preliminary Determination of No Shipments
6. Preliminary Partial Rescission of Antidumping Duty Administrative 
Review
7. Application of Adverse Facts Available and Selection of Adverse 
Facts Available Rate
8. Single Entity Treatment
9. Discussion of Methodology
    a. Non-Market Economy Country
    b. Separate Rates
    c. Surrogate Country
    d. Date of Sale
    e. Comparisons to Normal Value
    f. U.S. Price
    g. Normal Value
    h. Currency Conversion
10. Recommendation

[FR Doc. 2016-19410 Filed 8-12-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices                                                   54045

                                                DEPARTMENT OF COMMERCE                                  Avenue NW., Washington, DC 20230;                     amended (the ‘‘Act’’). The Department
                                                                                                        telephone: (202) 482–0167 or (202) 482–               calculated export prices and constructed
                                                International Trade Administration                      3627, respectively.                                   export prices, as appropriate, in
                                                [A–570–985]                                             SUPPLEMENTARY INFORMATION:                            accordance with section 772 of the Act.
                                                                                                                                                              Given that the PRC is a non-market
                                                                                                        Background                                            economy (‘‘NME’’) country, within the
                                                Xanthan Gum From the People’s
                                                Republic of China: Preliminary Results                    The Department published the notice                 meaning of section 771(18) of the Act,
                                                of Antidumping Duty Administrative                      of initiation of this administrative                  the Department calculated NV in
                                                Review, Preliminary Determination of                    review on September 2, 2015.1 For a                   accordance with section 773(c) of the
                                                No Shipments, and Preliminary Partial                   complete description of the events that               Act.
                                                Rescission of Antidumping Duty                          followed the initiation of this                          For a full description of the
                                                Administrative Review; 2014–2015                        administrative review, see the                        methodology underlying the
                                                                                                        Preliminary Decision Memorandum                       preliminary results of this review, see
                                                AGENCY:   Enforcement and Compliance,                   hereby adopted by this notice.2                       the Preliminary Decision Memorandum,
                                                International Trade Administration,                                                                           which is hereby adopted by this notice.5
                                                                                                        Scope of the Order
                                                Department of Commerce.                                                                                       The Preliminary Decision Memorandum
                                                SUMMARY: In response to requests from                     The scope of the order covers dry                   is a public document and is made
                                                interested parties, the Department of                   xanthan gum, whether or not coated or                 available to the public via Enforcement
                                                Commerce (‘‘the Department’’) is                        blended with other products. Further,                 and Compliance’s Antidumping and
                                                conducting an administrative review of                  xanthan gum is included in this order                 Countervailing Duty Centralized
                                                the antidumping duty order on xanthan                   regardless of physical form, including,               Electronic Service System (‘‘ACCESS’’).
                                                gum from the People’s Republic of                       but not limited to, solutions, slurries,              ACCESS is available to registered users
                                                China (‘‘PRC’’). The period of review                   dry powders of any particle size, or                  at http://access.trade.gov, and is
                                                (‘‘POR’’) is July 1, 2014, through June                 unground fiber. Merchandise covered by                available to all parties in the Central
                                                30, 2015. The Department preliminarily:                 the scope of this order is classified in              Records Unit, Room B8024 of the main
                                                Found that mandatory respondent                         the Harmonized Tariff Schedule of the                 Department of Commerce building. In
                                                Neimenggu Fufeng Biotechnologies Co.,                   United States at subheading 3913.90.20.               addition, a complete version of the
                                                Ltd. (aka Inner Mongolia Fufeng                         This tariff classification is provided for            Preliminary Decision Memorandum can
                                                Biotechnologies Co., Ltd.)/Shandong                     convenience and customs purposes;                     be found at http://
                                                Fufeng Fermentation Co., Ltd./Xinjiang                  however, the written description of the               enforcement.trade.gov/frn/. The signed
                                                Fufeng Biotechnologies Co., Ltd.                        scope is dispositive.3                                and the electronic versions of the
                                                (‘‘Fufeng’’) did not make sales of subject              Tolling of Deadline of Preliminary                    Preliminary Decision Memorandum are
                                                merchandise in the United States at                     Results of Review                                     identical in content.
                                                prices below normal value (‘‘NV’’)
                                                                                                           As explained in the memorandum                     Preliminary Determination of No
                                                during the POR; applied total adverse
                                                                                                        from the Acting Assistant Secretary for               Shipments
                                                facts available to A.H.A. International
                                                Co., Ltd. and Deosen Biochemical Ltd./                  Enforcement and Compliance, the                         Based on an analysis of CBP
                                                Deosen Biochemical (Ordos) Ltd.                         Department has exercised its discretion               information and timely certifications of
                                                (‘‘Deosen’’); granted separate rates to CP              to toll all administrative deadlines due              no shipments during the POR, the
                                                Kelco (Shandong) Biological Company                     to the recent closure of the Federal                  Department preliminarily determines
                                                Limited and Shanghai Smart Chemicals                    Government. All deadlines in this                     that Meihua Group International
                                                Co., Ltd.; included Hebei Xinhe                         segment of the proceeding have been                   Trading (Hong Kong) Limited, Langfang
                                                Biochemical Co., Ltd. as part of the PRC-               extended by four business days.4 As a                 Meihua Bio-Technology Co., Ltd., and
                                                wide entity; and determined that three                  result, the revised deadline for the                  Xinjiang Meihua Amino Acid Co., Ltd.
                                                companies, Meihua Group International                   preliminary results of this review was                had no shipments and, therefore, no
                                                Trading (Hong Kong) Limited; Langfang                   April 7, 2016. On April 4, 2016, the                  reviewable transactions during the POR.
                                                Meihua Bio-Technology Co., Ltd.; and                    Department extended the deadline for                  For additional information regarding
                                                Xinjiang Meihua Amino Acid Co., Ltd.,                   the preliminary results to August 5,                  this determination, see the Preliminary
                                                had no reviewable U.S. sales during the                 2016.                                                 Decision Memorandum.
                                                POR. Additionally, the Department is                    Methodology                                             Consistent with our practice in NME
                                                preliminarily rescinding this                                                                                 cases, the Department is not rescinding
                                                                                                          The Department is conducting this                   this administrative review for these
                                                administrative review with respect to                   review in accordance with section
                                                Inner Mongolia Jianlong Biochemical                                                                           companies, but intends to complete the
                                                                                                        751(a)(1)(B) of the Tariff Act of 1930, as            review and issue appropriate
                                                Co., Ltd (‘‘Inner Mongolia Jianlong’’). If
                                                these preliminary results are adopted in                   1 See Initiation of Antidumping and
                                                                                                                                                              instructions to CBP based on the final
                                                the final results of this review, we will               Countervailing Duty Administrative Reviews, 80 FR     results of the review.6
                                                instruct U.S. Customs and Border                        53106 (September 2, 2015) (‘‘Initiation Notice’’).    Preliminary Partial Rescission of
                                                                                                           2 See ‘‘Decision Memorandum for the Preliminary
                                                Protection (‘‘CBP’’) to assess                                                                                Antidumping Duty Administrative
                                                                                                        Results of the Second Antidumping Duty
                                                antidumping duties on all appropriate                   Administrative Review of Xanthan Gum from the         Review
                                                entries. Interested parties are invited to              People’s Republic of China,’’ (‘‘Preliminary
                                                comment on these preliminary results.                   Decision Memorandum’’), dated concurrently with
                                                                                                                                                                Inner Mongolia Jianlong’s one sale
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        this notice.                                          during the POR is subject to both an
                                                DATES: Effective August 15, 2016.                          3 For a complete description of the scope of the
                                                FOR FURTHER INFORMATION CONTACT: Erin                   order, see Preliminary Decision Memorandum.              5 A list of topics discussed in the Preliminary

                                                Kearney or Andrew Martinez, AD/CVD                         4 See Memorandum to the Record from Ron            Decision Memorandum is provided in the
                                                Operations, Office IV, Enforcement &                    Lorentzen, Acting Assistant Secretary for             Appendix to this notice.
                                                                                                        Enforcement & Compliance, ‘‘Tolling of                   6 See Non-Market Economy Antidumping
                                                Compliance, International Trade                         Administrative Deadlines As a Result of the           Proceedings: Assessment of Antidumping Duties, 76
                                                Administration, Department of                           Government Closure During Snowstorm Jonas’’           FR 65694, 65694–95 (October 24, 2011) and the
                                                Commerce, 14th Street and Constitution                  (January 27, 2016).                                   ‘‘Assessment Rates’’ section, below.



                                           VerDate Sep<11>2014   19:23 Aug 12, 2016   Jkt 238001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\15AUN1.SGM   15AUN1


                                                54046                                 Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices

                                                ongoing new shipper review and this                                     Neimenggu Fufeng Biotechnologies Co.,                                    application or separate rate certification,
                                                administrative review. The Department                                   Ltd. (aka Inner Mongolia Fufeng                                          or make a claim that it had no exports,
                                                preliminarily rescinded the new shipper                                 Biotechnologies Co., Ltd.), Shandong                                     sales, or entries of subject merchandise
                                                review based on a finding that the sale                                 Fufeng Fermentation Co. Ltd., and                                        during the POR by the deadline
                                                was not a bona fide sale.7 Because the                                  Xinjiang Fufeng Biotechnologies Co.,                                     established in the Initiation Notice, we
                                                sale subject to this administrative                                     Ltd. are affiliated and should be treated                                preliminarily find that it failed to
                                                review is the same sale preliminarily                                   as a single entity for AD purposes. For                                  establish its entitlement to a separate
                                                found to be a non-bona fide sale in the                                 additional information, see the                                          rate and that it, therefore, remains a part
                                                new shipper review, and there are no                                    Preliminary Decision Memorandum.                                         of the PRC-wide entity.9 The rate
                                                other reviewable sales by Inner                                           In addition to the mandatory
                                                                                                                                                                                                 previously established for the PRC-wide
                                                Mongolia Jianlong during the POR, we                                    respondents, we preliminarily
                                                                                                                        determine that CP Kelco (Shandong)                                       entity is 154.07 percent. This rate is not
                                                are preliminarily rescinding this review
                                                with respect to Inner Mongolia Jianlong.                                Biological Company Limited and                                           under review.10
                                                For additional information regarding                                    Shanghai Smart Chemicals Co., Ltd. also                                    Finally, we preliminarily determined
                                                this determination, see the Preliminary                                 demonstrated their eligibility for a                                     that Deosen and A.H.A. International
                                                Decision Memorandum.                                                    separate rate in this administrative                                     Co., Ltd. did not cooperate to the best
                                                                                                                        review. Consistent with the                                              of their ability in this administrative
                                                Preliminary Results of Review                                           Department’s practice, we preliminarily                                  review, and as a result, we have based
                                                   Based on record evidence, the                                        assigned these companies a rate equal to                                 their dumping margins on adverse facts
                                                Department preliminarily continues to                                   the simple average of the weighted-                                      available for these preliminary results.11
                                                treat Deosen Biochemical Ltd. and                                       average dumping margins assigned to
                                                Deosen Biochemical (Ordos) Ltd. as a                                    the mandatory respondents in this                                          The Department preliminarily
                                                single entity for AD purposes.                                          review.8                                                                 determines that the following weighted-
                                                Furthermore, based on record evidence,                                    Because Hebei Xinhe Biochemical Co.                                    average dumping margins exist for the
                                                the Department preliminarily finds that                                 Ltd. did not submit a separate rate                                      POR:



                                                                                                                                                                                                                                         Weighted-average
                                                                                                                                    Exporter                                                                                              dumping margin
                                                                                                                                                                                                                                             (percent)

                                                Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fer-
                                                  mentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd ................................................................................................                                      0.00
                                                Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd .......................................................................................................                                     154.07
                                                A.H.A. International Co., Ltd ........................................................................................................................................................             154.07
                                                CP Kelco (Shandong) Biological Company Limited ....................................................................................................................                                 77.04
                                                Shanghai Smart Chemicals Co., Ltd ...........................................................................................................................................                       77.04



                                                Disclosure and Public Comment                                              Any interested party may request a                                    results of this administrative review,
                                                                                                                        hearing within 30 days of publication of                                 which will include the results of its
                                                   The Department intends to disclose to                                this notice.14 Hearing requests should                                   analysis of issues raised in the case
                                                parties the calculations performed for                                  contain the following information: (1)                                   briefs, within 120 days of publication of
                                                these preliminary results within five                                   The party’s name, address, and                                           these preliminary results, pursuant to
                                                days of the date of publication of this                                 telephone number; (2) the number of                                      section 751(a)(3)(A) of the Act.
                                                notice in accordance with 19 CFR                                        participants; and (3) a list of the issues
                                                351.224(b). Interested parties may                                      to be discussed. Oral presentations will                                 Assessment Rates
                                                submit case briefs no later than 30 days                                be limited to issues raised in the briefs.
                                                                                                                        If a request for a hearing is made, parties                                 Upon issuance of the final results, the
                                                after the date of publication of these
                                                                                                                        will be notified of the time and date for                                Department will determine, and CBP
                                                preliminary results of review.12
                                                                                                                        the hearing to be held at the U.S.                                       shall assess, antidumping duties on all
                                                Rebuttals to case briefs may be filed no
                                                                                                                        Department of Commerce, 1401                                             appropriate entries covered by this
                                                later than five days after case briefs are
                                                                                                                        Constitution Avenue NW., Washington,                                     review.16 The Department intends to
                                                filed, and all rebuttal comments must be
                                                                                                                        DC 20230.15                                                              issue appropriate assessment
                                                limited to comments raised in the case
                                                                                                                           Unless otherwise extended, the                                        instructions to CBP 15 days after the
                                                briefs.13
                                                                                                                        Department intends to issue the final
                                                   7 See Memorandum to the File, ‘‘Inner Mongolia                       51548, 51549 (August 29, 2014) (‘‘All firms listed                       65970 (November 4, 2013). Under this practice, the
                                                Jianlong Biochemical Co., Ltd.’s New Shipper                            below that wish to qualify for separate rate status                      NME entity will not be under review unless a party
                                                Review Analysis,’’ dated concurrently with this                         in the administrative reviews involving NME                              specifically requests, or the Department self-
                                                notice.                                                                 countries must complete, as appropriate, either a                        initiates, a review of the entity. Because no party
                                                   8 See Preliminary Decision Memorandum.                               separate rate application or certification. . .’’).
                                                                                                                                                                                                 requested a review of the entity, the entity is not
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                                                                                                                          10 See Preliminary Decision Memorandum.
                                                Because only two weighted-average dumping                                                                                                        under review and the entity’s rate is not subject to
                                                                                                                        Pursuant to the Department’s change in practice,
                                                margins were assigned to the individually                                                                                                        change.
                                                                                                                        the Department no longer considers the NME entity
                                                examined respondents for these preliminary results,                                                                                                11 See Preliminary Decision Memorandum.
                                                                                                                        as an exporter conditionally subject to
                                                using a weighted average of these two rates risks                       administrative reviews. See Antidumping                                    12 See 19 CFR 351.309(c)(1)(ii).
                                                disclosure of business proprietary information.                         Proceedings: Announcement of Change in                                     13 See 19 CFR 351.309(d).
                                                Therefore we calculated a simple average of the                         Department Practice for Respondent Selection in                            14 See 19 CFR 351.310(c).
                                                rates assigned to Fufeng and Deosen.                                    Antidumping Duty Proceedings and Conditional
                                                   9 See Initiation of Antidumping and                                                                                                             15 See 19 CFR 351.310(d).
                                                                                                                        Review of the Nonmarket Economy Entity in NME
                                                Countervailing Duty Administrative Reviews, 79 FR                       Antidumping Duty Proceedings, 78 FR 65963,                                 16 See 19 CFR 351.212(b)(1).




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                                                                             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices                                                  54047

                                                publication of the final results of this                final results of this review and for future           4. Selection of Respondents
                                                review.                                                 deposits of estimated duties, where                   5. Preliminary Determination of No
                                                   For each individually examined                       applicable.                                                 Shipments
                                                respondent in this review whose                                                                               6. Preliminary Partial Rescission of
                                                calculated weighted-average dumping                     Cash Deposit Requirements                                   Antidumping Duty Administrative
                                                                                                           The following cash deposit                               Review
                                                margin in the final results of review is                                                                      7. Application of Adverse Facts Available
                                                above de minimis (i.e., greater than or                 requirements will be effective upon                         and Selection of Adverse Facts Available
                                                equal to 0.5 percent), the Department                   publication of the final results of this                    Rate
                                                intends to calculate importer- (or                      administrative review for all shipments               8. Single Entity Treatment
                                                customer) specific assessment rates, in                 of the subject merchandise from the PRC               9. Discussion of Methodology
                                                accordance with 19 CFR 351.212(b)(1).17                 entered, or withdrawn from warehouse,                    a. Non-Market Economy Country
                                                Where the respondent reported reliable                  for consumption on or after the                          b. Separate Rates
                                                entered values, the Department intends                  publication date, as provided by section                 c. Surrogate Country
                                                to calculate importer- (or customer)                    751(a)(2)(C) of the Act: (1) For the                     d. Date of Sale
                                                specific ad valorem rates by aggregating                companies listed above that have a                       e. Comparisons to Normal Value
                                                                                                        separate rate, the cash deposit rate will                f. U.S. Price
                                                the dumping margins calculated for all                                                                           g. Normal Value
                                                U.S. sales to the importer (or customer)                be that rate established in the final                    h. Currency Conversion
                                                and dividing this amount by the total                   results of this review (except, if the rate           10. Recommendation
                                                entered value of the sales to the                       is zero or de minimis, then the cash
                                                                                                                                                              [FR Doc. 2016–19410 Filed 8–12–16; 8:45 am]
                                                importer (or customer).18 Where the                     deposit rate of zero will be established
                                                                                                                                                              BILLING CODE 3510–DS–P
                                                Department calculates an importer- (or                  for that company); (2) for previously
                                                customer) specific weighted-average                     investigated or reviewed PRC and non-
                                                dumping margin by dividing the total                    PRC exporters that received a separate
                                                                                                                                                              DEPARTMENT OF COMMERCE
                                                amount of dumping for reviewed sales                    rate in a prior segment of this
                                                to the importer (or customer) by the                    proceeding, the cash deposit rate will                National Oceanic and Atmospheric
                                                total sales quantity associated with                    continue to be the existing exporter-                 Administration
                                                those transactions, the Department will                 specific rate; (3) for all PRC exporters of
                                                direct CBP to assess importer- (or                      subject merchandise that have not been                RIN 0648–XE788
                                                customer) specific assessment rates                     found to be entitled to a separate rate,
                                                based on the resulting per-unit rates.19                the cash deposit rate will be the rate for            Endangered Species; File No. 20339
                                                We will instruct CBP to assess                          the PRC-wide entity, which is 154.07                  AGENCY:  National Marine Fisheries
                                                antidumping duties on all appropriate                   percent; and (4) for all non-PRC                      Service (NMFS), National Oceanic and
                                                entries covered by this review when the                 exporters of subject merchandise that                 Atmospheric Administration (NOAA),
                                                importer-specific assessment rate is                    have not received their own rate, the                 Commerce.
                                                above de minimis. Where either the                      cash deposit rate will be the rate
                                                                                                                                                              ACTION: Notice; receipt of application.
                                                respondent’s weighted average dumping                   applicable to the PRC exporter(s) that
                                                margin is zero or de minimis, or an                     supplied that non-PRC exporter. These                 SUMMARY:   Notice is hereby given that
                                                importer (or customer-) specific ad                     deposit requirements, when imposed,                   the NMFS Southeast Fisheries Center
                                                valorem or per-unit rate is zero or de                  shall remain in effect until further                  (SEFSC), 75 Virginia Beach Drive,
                                                minimis, the Department will instruct                   notice.                                               Miami, FL 33149 [Responsible Party:
                                                CBP to liquidate appropriate entries                                                                          Bonnie Ponwith], has applied in due
                                                                                                        Notification to Importers
                                                without regard to antidumping duties.20                                                                       form for a permit to take loggerhead
                                                For entries that were not reported in the                 This notice also serves as a
                                                                                                                                                              (Caretta caretta), Kemp’s ridley
                                                U.S. sales database submitted by a                      preliminary reminder to importers of
                                                                                                                                                              (Lepidochelys kempii), green (Chelonia
                                                company individually examined during                    their responsibility under 19 CFR
                                                                                                                                                              mydas), leatherback (Dermochelys
                                                this review, and any suspended entries                  351.402(f)(2) to file a certificate
                                                                                                                                                              coriacea), hawksbill (Eretmochelys
                                                that entered under an exporter’s case                   regarding the reimbursement of
                                                                                                                                                              imbricata), olive ridley (Lepidochelys
                                                number however the Department                           antidumping duties prior to liquidation
                                                                                                                                                              olivacea) and unidentified sea turtles for
                                                determined that the exporter had no                     of the relevant entries during this POR.
                                                                                                                                                              purposes of scientific research.
                                                shipments of subject merchandise, the                   Failure to comply with this requirement
                                                                                                        could result in the Department’s                      DATES: Written, telefaxed, or email
                                                Department will instruct CBP to
                                                liquidate such entries at the PRC-wide                  presumption that reimbursement of                     comments must be received on or before
                                                rate.21                                                 antidumping duties occurred and the                   September 14, 2016.
                                                   In accordance with section                           subsequent assessment of double                       ADDRESSES: The application and related
                                                751(a)(2)(C) of the Act, the final results              antidumping duties.                                   documents are available for review by
                                                of this review shall be the basis for the                 We are issuing and publishing these                 selecting ‘‘Records Open for Public
                                                assessment of antidumping duties on                     results in accordance with sections                   Comment’’ from the ‘‘Features’’ box on
                                                entries of merchandise covered by the                   751(a)(1) and 777(i)(1) of the Act and 19             the Applications and Permits for
                                                                                                        CFR 351.213.                                          Protected Species (APPS) home page,
                                                  17 See Antidumping Proceedings: Calculation of
                                                                                                          Dated: August 5, 2016.                              https://apps.nmfs.noaa.gov, and then
                                                the Weighted Average Dumping Margin and                                                                       selecting File No. 20339 from the list of
                                                Assessment Rate in Certain Antidumping                  Ronald K. Lorentzen,
                                                                                                                                                              available applications.
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                                                Proceedings: Final Modification, 77 FR 8101             Acting Assistant Secretary for Enforcement
                                                (February 14, 2012) (‘‘Final Modification’’).           and Compliance.                                         These documents are also available
                                                  18 See 19 CFR 351.212(b)(1).                                                                                upon written request or by appointment
                                                  19 Id.                                                Appendix—List of Topics Discussed in                  in the Permits and Conservation
                                                  20 See Final Modification at 8103.
                                                                                                        the Preliminary Decision Memorandum                   Division, Office of Protected Resources,
                                                  21 See Non-Market Economy Antidumping

                                                Proceedings: Assessment of Antidumping Duties, 76       1. Summary                                            NMFS, 1315 East-West Highway, Room
                                                FR 65694 (October 24, 2011), for a full discussion      2. Background                                         13705, Silver Spring, MD 20910; phone
                                                of this practice.                                       3. Scope of the Order                                 (301) 427–8401; fax (301) 713–0376.


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Document Created: 2016-08-13 02:22:16
Document Modified: 2016-08-13 02:22:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective August 15, 2016.
ContactErin Kearney or Andrew Martinez, AD/ CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 0167 or (202) 482-3627, respectively.
FR Citation81 FR 54045 

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