81 FR 56586 - Xanthan Gum From the People's Republic of China: Rescission of 2014-2015 Antidumping Duty New Shipper Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 162 (August 22, 2016)

Page Range		56586-56587
FR Document		2016-20014

The Department of Commerce (``Department'') finds that the sale made by Inner Mongolia Jianlong Biochemical Co., Ltd. (``IMJ'') is a non-bona fide sale. Therefore, we are rescinding this new shipper review (``NSR'').

Federal Register, Volume 81 Issue 162 (Monday, August 22, 2016)

[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56586-56587]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20014]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Rescission of 
2014-2015 Antidumping Duty New Shipper Review

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

SUMMARY: The Department of Commerce (``Department'') finds that the 
sale made by Inner Mongolia Jianlong Biochemical Co., Ltd. (``IMJ'') is 
a non-bona fide sale. Therefore, we are rescinding this new shipper 
review (``NSR'').

DATES: Effective August 22, 2016.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations,

[[Page 56587]]

Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0989.

SUPPLEMENTARY INFORMATION:

Background

    The Department published its Preliminary Results in this NSR on 
March 22, 2016.\1\ Subsequently, IMJ filed a case brief on May 15, 2016 
and CP Kelco U.S. (Petitioner) filed a rebuttal brief on May 16, 2016.
---------------------------------------------------------------------------

    \1\ See Xanthan Gum From the People's Republic of China: 
Preliminary Rescission of 2014-2015 Antidumping Duty New Shipper 
Review, 81 FR 15240 (March 22, 2016) (``Preliminary Results''); see 
also Memorandum to Abdelali Elouaradia, Director, Office IV, AD/CVD 
Operations, from Cara Lofaro and Brandon Farlander, International 
Trade Analysts, entitled ``2014-2015 Antidumping Duty New Shipper 
Review of Xanthan Gum From the People's Republic of China: 
Preliminary Bona Fide Sales Analysis for Inner Mongolia Jianlong 
Biochemical Co., Ltd.,'' dated March 15, 2016.
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Scope of the Order

    The scope of the order covers dry xanthan gum, whether or not 
coated or blended with other products. Further, xanthan gum is included 
in this order regardless of physical form, including, but not limited 
to, solutions, slurries, dry powders of any particle size, or unground 
fiber. Merchandise covered by the scope of this order is classified in 
the Harmonized Tariff Schedule (``HTS'') of the United States at 
subheading 3913.90.20. This tariff classification is provided for 
convenience and customs purposes; however, the written description of 
the scope is dispositive.\2\
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    \2\ For a complete description of the scope of the order, see 
the Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled 
``Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty New Shipper Review of Xanthan Gum from the People's 
Republic of China'' issued concurrently with and hereby adopted by 
this notice (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the Issues and Decision Memorandum.\3\ The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at http://access.trade.gov and in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content. A list of the issues which parties raised is attached to 
this notice as an Appendix.
---------------------------------------------------------------------------

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

Rescission of New Shipper Review

    For the reasons explained in the Issues and Decision Memorandum, 
the Department continues to find that IMJ's one sale is a non-bona fide 
sale. Because the non-bona fide sale was the only reported sale of 
subject merchandise during the POR, and thus there are no reviewable 
transactions, the Department is rescinding this NSR.

Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for IMJ. IMJ remains part of the PRC-
wide entity and, accordingly, entries of its subject merchandise will 
be assessed at the PRC-wide rate.

Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSR of IMJ, the Department will instruct U.S. Customs and Border 
Protection to discontinue the option of posting a bond or security in 
lieu of a cash deposit for entries of subject merchandise from IMJ. IMJ 
continues to be part of the PRC-wide entity, and subject to the PRC-
wide entity rate of 154.07 percent.\4\ These cash deposit requirements 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
Administrative Protective Order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in these segments of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.214.

    Dated: August 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues:
    Comment 1: Whether IMJ Met the Regulatory Requirements for 
Requesting a New Shipper Review
    Comment 2: Whether or not IMJ's Sale was a Bona Fide Sale
    Comment 3: IMJ's March 24, 2016 Submission
Recommendation

[FR Doc. 2016-20014 Filed 8-19-16; 8:45 am]
 BILLING CODE 3510-DS-P

56586 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices

is no basis to grant a domestic subsidy preliminary determination, pursuant to processing that would not otherwise remove
pass-through adjustment. See section 735(a)(2) of the Act.18 the merchandise from the scope of the
Preliminary Decision Memorandum. investigations if performed in the country of
International Trade Commission (ITC) manufacture of the biaxial integral geogrid.
Disclosure and Public Comment Notification The products subject to the scope are
currently classified in the Harmonized Tariff
We intend to disclose the calculations In accordance with section 733(f) of Schedule of the United States (‘‘HTSUS’’)
performed to interested parties in this the Act, we will notify the ITC of our under the following subheading:
proceeding within five days of the date affirmative preliminary determination of 3926.90.9995. Subject merchandise may also
of announcement of this preliminary sales at LTFV. If our final determination enter under subheadings 3920.20.0050 and
determination in accordance with 19 is affirmative, the ITC will determine 3925.90.0000. The HTSUS subheadings set
CFR 351.224(b). Interested parties may before the later of 120 days after the date forth above are provided for convenience and
submit case briefs, rebuttal briefs, and of this preliminary determination or 45 U.S. Customs purposes only. The written
hearing requests.16 For a schedule of the description of the scope is dispositive.
days after our final determination
deadlines for filing case briefs, rebuttal whether these imports are materially Appendix II
briefs, and hearing requests, see the injuring, or threaten material injury to, List of Topics Discussed in the Preliminary
Preliminary Decision Memorandum at the U.S. industry. Decision Memorandum
Section IX. This determination is issued and
I. Summary
Postponement of Final Determination published in accordance with sections II. Background
and Extension of Provisional Measures 733(f) and 777(i)(1) of the Act and 19 III. Period of Investigation
CFR 351.205(c). IV. Postponement of Final Determination and
Section 735(a)(2) of the Act provides Extension of Provisional Measures
Dated: August 16, 2016.
that a final determination may be V. Scope Comments
postponed until not later than 135 days Paul Piquado,
VI. Selection of Respondents
after the date of the publication of the Assistant Secretary for Enforcement and VII. Preliminary Determination of Critical
preliminary determination if, in the Compliance. Circumstances, in Part
event of an affirmative preliminary Appendix I—Scope of the Investigation VIII. Scope of the Investigation
determination, a request for such IX. Discussion of the Methodology
The products covered by the scope are a. Non-Market Economy Country
postponement is made by exporters who
certain biaxial integral geogrid products. b. Surrogate Country and Surrogate Values
account for a significant proportion of Biaxial integral geogrid products are a Comments
exports of the subject merchandise, or in polymer grid or mesh material (whether or c. Separate Rates
the event of a negative preliminary not finished, slit, cut-to-length, attached to d. Combination Rates
determination, a request for such woven or non-woven fabric or sheet material, e. Affiliation
postponement is made by Petitioners. 19 or packaged) in which four-sided openings in f. The PRC-wide Entity
CFR 351.210(e)(2) requires that requests the form of squares, rectangles, rhomboids, g. Application of Facts Available and
by respondents for postponement of a diamonds, or other four-sided figures Adverse Inferences
final antidumping determination be predominate. The products covered have h. Date of Sale
integral strands that have been stretched to i. Comparisons to Fair Value
accompanied by a request for extension
induce molecular orientation into the X. Currency Conversion
of provisional measures from a four- material (as evidenced by the strands being XI. Export Subsidy Adjustment
month period to a period not more than thinner in width toward the middle between XII. Adjustment Under Section 777a(f) of the
six months in duration. the junctions than at the junctions Act
On July 11, 2016, pursuant to 19 CFR themselves) constituting the sides of the XIII. Disclosure and Public Comment
351.210(b) and (e), Taian Modern openings and integral junctions where the XIV. Verification
requested that, contingent upon an strands intersect. The scope includes XV. Conclusion
affirmative preliminary determination of products in which four-sided figures [FR Doc. 2016–20024 Filed 8–19–16; 8:45 am]
sales at LTFV, the Department postpone predominate whether or not they also contain
additional strands intersecting the four-sided BILLING CODE 3510–DS–P
the final determination and that figures and whether or not the inside corners
provisional measures be extended to a of the four-sided figures are rounded off or
period not to exceed six months.17 not sharp angles. As used herein, the term DEPARTMENT OF COMMERCE
In accordance with section ‘‘integral’’ refers to strands and junctions that
735(a)(2)(A) of the Act and 19 CFR are homogenous with each other. The International Trade Administration
351.210(b)(2)(ii), because (1) our products covered have a tensile strength of
[A–570–985]
preliminary determination is greater than 5 kilonewtons per meter
affirmative; (2) the requesting exporters (‘‘kN/m’’) according to American Society for
Xanthan Gum From the People’s
account for a significant proportion of Testing and Materials (‘‘ASTM’’) Standard
Test Method D6637/D6637M in any direction Republic of China: Rescission of 2014–
exports of the subject merchandise; and and average overall flexural stiffness of more 2015 Antidumping Duty New Shipper
(3) no compelling reasons for denial than 100,000 milligram-centimeter according Review
exist, we are postponing the final to the ASTM D7748/D7748M Standard Test
determination and extending the Method for Flexural Rigidity of Geogrids, AGENCY: Enforcement and Compliance,
provisional measures from a four-month Geotextiles and Related Products, or other International Trade Administration,
period to a period not greater than six equivalent test method standards. Department of Commerce.
months. Accordingly, we will make our Subject merchandise includes material SUMMARY: The Department of Commerce
asabaliauskas on DSK3SPTVN1PROD with NOTICES

final determination no later than 120 matching the above description that has been (‘‘Department’’) finds that the sale made
finished, packaged, or otherwise further by Inner Mongolia Jianlong Biochemical
days after the date of publication of this
processed in a third country, including by Co., Ltd. (‘‘IMJ’’) is a non-bona fide sale.
trimming, slitting, coating, cutting, punching
16 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c). Therefore, we are rescinding this new
holes, stretching, attaching to woven or non-
17 See Letter to the Secretary of Commerce from woven fabric or sheet material, or any other shipper review (‘‘NSR’’).
Taian Modern Plastic Co., Ltd.,’’Certain Biaxial DATES: Effective August 22, 2016.
Integral Geogrid Products from the People’s
finishing, packaging, or other further
Republic of China: Request to Extend Final FOR FURTHER INFORMATION CONTACT:
Determination’’ (July 11, 2016). 18 See also 19 CFR 351.210(e). Patrick O’Connor, AD/CVD Operations,

VerDate Sep<11>2014 17:13 Aug 19, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1

Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices 56587

Office IV, Enforcement and Compliance, version of the Issues and Decision of 1930, as amended, and 19 CFR
International Trade Administration, Memorandum can be accessed directly 351.214.
Department of Commerce, 1401 at http://enforcement.trade.gov/frn/ Dated: August 12, 2016.
Constitution Avenue NW., Washington, index.html. The signed Issues and Paul Piquado,
DC 20230; telephone: (202) 482–0989. Decision Memorandum and the
Assistant Secretary for Enforcement and
SUPPLEMENTARY INFORMATION: electronic version of the Issues and Compliance.
Decision Memorandum are identical in
Background content. A list of the issues which Appendix—Issues and Decision
The Department published its parties raised is attached to this notice Memorandum
Preliminary Results in this NSR on as an Appendix. Summary
March 22, 2016.1 Subsequently, IMJ Rescission of New Shipper Review Background
filed a case brief on May 15, 2016 and Scope of the Order
CP Kelco U.S. (Petitioner) filed a For the reasons explained in the Discussion of the Issues:
rebuttal brief on May 16, 2016. Issues and Decision Memorandum, the Comment 1: Whether IMJ Met the
Department continues to find that IMJ’s Regulatory Requirements for Requesting
Scope of the Order one sale is a non-bona fide sale. Because a New Shipper Review
The scope of the order covers dry the non-bona fide sale was the only Comment 2: Whether or not IMJ’s Sale was
reported sale of subject merchandise a Bona Fide Sale
xanthan gum, whether or not coated or Comment 3: IMJ’s March 24, 2016
blended with other products. Further, during the POR, and thus there are no
Submission
xanthan gum is included in this order reviewable transactions, the Department Recommendation
regardless of physical form, including, is rescinding this NSR.
[FR Doc. 2016–20014 Filed 8–19–16; 8:45 am]
but not limited to, solutions, slurries, Assessment BILLING CODE 3510–DS–P
dry powders of any particle size, or
unground fiber. Merchandise covered by As the Department is rescinding this
the scope of this order is classified in NSR, we have not calculated a
company-specific dumping margin for DEPARTMENT OF COMMERCE
the Harmonized Tariff Schedule
(‘‘HTS’’) of the United States at IMJ. IMJ remains part of the PRC-wide
entity and, accordingly, entries of its International Trade Administration
subheading 3913.90.20. This tariff
classification is provided for subject merchandise will be assessed at [A–570–016]
convenience and customs purposes; the PRC-wide rate.
Certain Passenger Vehicle and Light
however, the written description of the Cash Deposit Requirements
Truck Tires From the People’s
scope is dispositive.2 Effective upon publication of this Republic of China: Notice of Final
Analysis of Comments Received notice of final rescission of the NSR of Results of Antidumping Duty Changed
IMJ, the Department will instruct U.S. Circumstances Review
All issues raised in the case and
Customs and Border Protection to
rebuttal briefs by parties are addressed AGENCY: Enforcement and Compliance,
discontinue the option of posting a bond
in the Issues and Decision International Trade Administration,
or security in lieu of a cash deposit for
Memorandum.3 The Issues and Decision Department of Commerce.
entries of subject merchandise from IMJ.
Memorandum is a public document and SUMMARY: On July 8, 2016, the
IMJ continues to be part of the PRC-
is on file electronically via Enforcement Department of Commerce (the
wide entity, and subject to the PRC-
and Compliance’s Antidumping Duty Department) published its notice of
wide entity rate of 154.07 percent.4
and Countervailing Duty Centralized initiation and preliminary results of a
These cash deposit requirements shall
Electronic Service System (ACCESS). changed circumstances review of the
remain in effect until further notice.
ACCESS is available to registered users antidumping duty (AD) order on certain
at http://access.trade.gov and in the Administrative Protective Order passenger vehicle and light truck tires
Central Records Unit, Room B8024 of This notice also serves as a reminder (passenger tires) from the People’s
the main Department of Commerce to parties subject to Administrative Republic of China (PRC). In that notice,
building. In addition, a complete Protective Order (‘‘APO’’) of their we preliminarily determined that Sailun
responsibility concerning the return or Jinyu Group (HONG KONG) Co.,
1 See Xanthan Gum From the People’s Republic
destruction of proprietary information Limited (Sailun Jinyu HK) is the
of China: Preliminary Rescission of 2014–2015
Antidumping Duty New Shipper Review, 81 FR disclosed under APO in accordance successor-in-interest to Jinyu
15240 (March 22, 2016) (‘‘Preliminary Results’’); see with 19 CFR 351.305, which continues International Holding Co., Limited
also Memorandum to Abdelali Elouaradia, Director, to govern business proprietary (Jinyu HK) for purposes of determining
Office IV, AD/CVD Operations, from Cara Lofaro information in these segments of the
and Brandon Farlander, International Trade
antidumping duty cash deposits and
Analysts, entitled ‘‘2014–2015 Antidumping Duty proceeding. Timely written notification liabilities. No interested party submitted
New Shipper Review of Xanthan Gum From the of the return or destruction of APO comments regarding the initiation and
People’s Republic of China: Preliminary Bona Fide materials, or conversion to judicial preliminary results. For these final
Sales Analysis for Inner Mongolia Jianlong protective order, is hereby requested.
Biochemical Co., Ltd.,’’ dated March 15, 2016.
results, the Department continues to
2 For a complete description of the scope of the Failure to comply with the regulations find that Sailun Jinyu HK is the
order, see the Memorandum from Christian Marsh, and terms of an APO is a violation successor-in-interest to Jinyu HK.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Deputy Assistant Secretary for Antidumping and which is subject to sanction. DATES: Effective August 22, 2016.
Countervailing Operations, to Paul Piquado, We are issuing and publishing this
Assistant Secretary for Enforcement and FOR FURTHER INFORMATION CONTACT: Toni
Compliance, entitled ‘‘Issues and Decision
notice in accordance with sections Page, AD/CVD Operations, Office VII,
Memorandum for the Final Results of the 751(a)(2)(B) and 777(i) of the Tariff Act Enforcement and Compliance,
Antidumping Duty New Shipper Review of International Trade Administration,
Xanthan Gum from the People’s Republic of China’’ 4 See Xanthan Gum From the People’s Republic
issued concurrently with and hereby adopted by of China: Amended Final Determination of Sales at
U.S. Department of Commerce, 1401
this notice (‘‘Issues and Decision Memorandum’’). Less Than Fair Value and Antidumping Duty Order, Constitution Avenue NW., Washington,
3 Id. 78 FR 43143 (July 19, 2013). DC 20230; telephone: (202) 482–1398.

VerDate Sep<11>2014 17:13 Aug 19, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1

Document Created: 2018-02-09 11:37:43
Document Modified: 2018-02-09 11:37:43

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
Dates		Effective August 22, 2016.
Contact		Patrick O'Connor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0989.
FR Citation		81 FR 56586

81 FR 56586 - Xanthan Gum From the People's Republic of China: Rescission of 2014-2015 Antidumping Duty New Shipper Review

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 81, Issue 162 (August 22, 2016)

DEPARTMENT OF COMMERCE
International Trade Administration