82 FR 11428 - Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 35 (February 23, 2017)
International Trade Administration
Federal Register Volume 82, Issue 35 (February 23, 2017)
| Page Range | 11428-11431 | |
| FR Document | 2017-03505 |
[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)] [Notices] [Pages 11428-11431] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03505] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-985] Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: 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''). For these final results, we have treated Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, ``Fufeng''), Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd. (collectively, ``Deosen''), and A.H.A. International Co., Ltd. (``AHA'') as mandatory respondents. The period of review (``POR'') is July 19, 2013, through June 30, 2014. The Department published its Preliminary Results on August 7, 2015 and issued post-preliminary results on August 5, 2016. We gave interested parties an opportunity to comment on the Preliminary Results and post-preliminary results, and based upon our analysis of the comments received, we made certain changes to the dumping margin calculations for these final results of review. [[Page 11429]] DATES: Effective February 23, 2017. FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4037. SUPPLEMENTARY INFORMATION: Background The Department published its Preliminary Results on August 7, 2015.\1\ On September 28, 2015, Fufeng and CP Kelco U.S., Inc. (``Petitioner'') requested a hearing. On October 22, 2015, both parties withdrew their hearing requests. Between October 6-15, 2015, Petitioner, Fufeng, and Deosen submitted case briefs and rebuttal briefs.\2\ On February 9, 2016, the Department deferred the final results of this administrative review in order to address allegations made during the review relating to contradictory statements on the record and to protect the integrity of its administrative proceedings.\3\ Between March 21 and April 29, 2016, Deosen and AHA submitted supplemental questionnaire responses.\4\ The Department issued its Post-Preliminary Results on August 5, 2016.\5\ Between September 14-26, 2016, Petitioner, Shanghai Smart Chemicals Co., Ltd. (``Shanghai Smart''), Deosen, and AHA, submitted supplemental case briefs, and Petitioner and Archer Daniels Midland Company submitted supplemental rebuttal briefs.\6\ --------------------------------------------------------------------------- \1\ See Xanthan Gum from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2013-2014, 80 FR 47464 (August 7, 2015) (``Preliminary Results''), and accompanying Preliminary Decision Memorandum. \2\ See Letter from Petitioner, ``Xanthan Gum from the People's Republic of China: CP Kelco's Case Brief,'' dated October 6, 2015 (``Petitioner Case Brief''); Letter from Fufeng, ``Fufeng Direct Case Brief in the First Administrative Review of Antidumping Duty Order on Xanthan Gum from the People's Republic of China (A-570- 985),'' dated October 6, 2015 (``Fufeng Case Brief''); Letter from Deosen, ``Xanthan Gum for the People's Republic of China: Case Brief of Deosen Biochemical Ltd.,'' dated October 6, 2015 (``Deosen Case Brief''). See also Letter from Petitioner, ``Xanthan Gum from the People's Republic of China: CP Kelco's Rebuttal Brief,'' dated October 15, 2015 (``Petitioner Rebuttal Brief''); Letter from Fufeng, ``Fufeng Rebuttal Brief in the First Administrative Review of Antidumping Duty Order on Xanthan Gum from the People's Republic of China (A-570-985),'' dated October 15, 2015 (``Fufeng Rebuttal Brief''); Letter from Deosen, ``Xanthan Gum from China; Rebuttal Brief of Deosen Biochemical Ltd. and Deosen USA Inc.,'' dated October 15, 2015 (``Deosen Rebuttal Brief''). \3\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement & Compliance, ``Xanthan Gum from the People's Republic of China: Deferral of the Final Results of the First Antidumping Duty Administrative Review,'' dated February 9, 2016. \4\ See Submission from Deosen and AHA, ``Xanthan Gum from China: Response to Supplemental Questionnaire,'' dated March 21, 2016; see also Submission from Deosen and AHA, ``Xanthan Gum from China: Response to Second Deferral Supplemental Questionnaire,'' dated April 29, 2016. \5\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Post-Preliminary Results Memorandum: Application of Adverse Facts Available to Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd. and A.H.A. International Co., Ltd.,'' dated August 5, 2016 (``Post- Preliminary Results''). \6\ See Letter from Petitioner to the Department, regarding ``Xanthan Gum from the People's Republic of China: CP Kelco U.S., Inc.'s Supplemental Case Brief,'' dated September 14, 2016; see also Letter from Shanghai Smart to the Department, regarding ``Xanthan Gum from the People's Republic of China; Shanghai Smart Comments on the Calculation of the Separate Company Rates in the Post- Preliminary Results of the 1st Review and the Preliminary Results of the 2nd Administrative Review,'' dated September 14, 2016, see also Letter from Deosen and AHA to the Department, regarding ``Xanthan Gum from China: Supplemental Case Brief,'' dated September 15, 2016; see also Letter from Petitioner to the Department, regarding ``Xanthan Gum from the People's Republic of China: CP Kelco U.S., Inc.'s Supplemental Rebuttal Brief,'' dated September 26, 2016; see also Letter from ADM to the Department, regarding, ``Xanthan Gum From The People's Republic of China--Re: Supplemental Rebuttal Brief,'' dated September 26, 2016. --------------------------------------------------------------------------- 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.\7\ Although this tariff classification is provided for convenience and customs purposes, the written description remains dispositive. --------------------------------------------------------------------------- \7\ For the full text of the scope of the order, see Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Xanthan Gum from the People's Republic of China: Issues and Decision Memorandum for the Final Results of the First Antidumping Duty Administrative Review,'' (``Issues and Decision Memorandum''), dated concurrently with this notice. --------------------------------------------------------------------------- Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs and supplemental case and supplemental rebuttal briefs submitted by parties in this review in the Issues and Decision Memorandum, which is hereby adopted by this notice. Appendix I to this notice provides a list of the issues which parties raised. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov and it is available to all parties in the Central Records Unit of the main Department of Commerce building, room B8024. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results and Post- Preliminary Results, and for the reasons explained in the Issues and Decision Memorandum, we revised our preliminary calculations of Fufeng's weighted-average dumping margin, we revised the dumping margin assigned to Deosen and AHA, and we revised the dumping margin assigned to the non-individually examined companies that demonstrated their eligibility for a separate rate. Specifically, we: (1) Revised the surrogate value for labor; (2) revised the surrogate value for electricity; (3) revised the calculation of surrogate financial ratios; (4) adjusted Fufeng's free-on-board U.S. sales prices for value-added taxes; (5) recalculated Fufeng's electricity-generating factors of production allocated to finished xanthan gum; (6) recalculated the surrogate value for hydrochloric acid; (7) based the dumping margin for Deosen and AHA or total adverse facts available (``AFA''); (8) calculated the rate applicable to non-individually-examined respondents that are being granted separate rate status as the simple average of the dumping margins determined for mandatory respondents Fufeng, Deosen, and AHA, consistent with section 735(c)(5)(B) of the Tariff Act of 1930, as amended (the ``Act''); and (9) denied Shanghai Smart separate rates status.\8\ --------------------------------------------------------------------------- \8\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Adverse Facts Available In the Post-Preliminary Results, the Department applied total AFA to Deosen and AHA and assigned these companies a rate of 154.07 percent, the highest rate on the record of the proceeding. The Department determined that these companies significantly impeded the proceeding, withheld information requested by the Department, and failed to cooperate by not acting to the best of their ability to [[Page 11430]] comply with requests for information.\9\ As discussed in the Issues and Decision Memorandum, we continue to assign Deosen and AHA a rate based on total AFA for these final results of review.\10\ --------------------------------------------------------------------------- \9\ See Post-Preliminary Results Memorandum. \10\ See Issues and Decision Memorandum at Comment 1. --------------------------------------------------------------------------- Separate Rates In the Preliminary Results, the Department found that Fufeng, Deosen, CP Kelco (Shandong) Biological Company Limited (``CP Kelco (Shandong)''), and Shanghai Smart demonstrated their eligibility for a separate rate but that the non-individually examined respondent Hebei Xinhe Biochemical Co. Ltd., (``Hebei Xinhe'') did not demonstrate its eligibility for a separate rate because it failed to file a separate rate application or a separate rate certification.\11\ Thus, the Department treated Hebei Xinhe as part of the PRC-wide entity. We have considered interested parties' comments regarding our preliminary separate rates determination, and decided to: (1) Continue to grant Fufeng, Deosen, and CP Kelco (Shandong) separate rates status; (2) also grant AHA separate rates status; and (3) deny Hebei Xinhe and Shanghai Smart separate rates status in these final results of review. For further details, see the Issues and Decision Memorandum.\12\ --------------------------------------------------------------------------- \11\ See Preliminary Results, 80 FR at 47464-47465. \12\ See Issues and Decision Memorandum at Comments 2 and 3. --------------------------------------------------------------------------- Dumping Margin for Non-Individually Examined Respondents Granted Separate Rate Status Neither the Act, nor the Department's regulations address the establishment of the dumping margin applied to separate rate companies not selected for individual examination where the Department limits its individual examination in an administrative review pursuant to section 777A(c)(2) of the Act. The Department's practice in administrative reviews involving limited selection based on exporters accounting for the largest volume of subject merchandise during the period of review has been to look to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all-others rate in an antidumping investigation. Under section 735(c)(5)(A) of the Act, the Department avoids calculating an all-others rate using rates that are zero, de minimis, or based entirely on facts available in investigations. Section 735(c)(5)(B) of the Act provides that, where all dumping margins established for the mandatory respondents are zero, de minimis, or based entirely on facts available, the Department may use ``any reasonable method'' for assigning an all-others rate. In these final results of review, the dumping margins determined for the mandatory respondents are either zero, de minimis, or based entirely on AFA. Therefore, in accordance with section 735(c)(5)(B) of the Act, we have applied to the non-individually examined companies eligible for a separate rate a dumping margin equal to the simple average of the zero and AFA rates determined for the mandatory respondents.\13\ --------------------------------------------------------------------------- \13\ See Issues and Decision Memorandum at Comment 4; see also Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Preliminary Results, Partial Rescission of Antidumping Duty Administrative Review, and Preliminary Rescission of New Shipper Review; 2014-2015, 81 FR 45455 (July 14, 2016) and accompanying PDM at 9, unchanged in Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, and Rescission of New Shipper Review; 2014- 2015, 82 FR 4844 (January 17, 2017). --------------------------------------------------------------------------- Final Results of Administrative Review We determine that the following weighted-average dumping margins exist for the POR: ------------------------------------------------------------------------ Weighted-average Exporter dumping margin (percentage) ------------------------------------------------------------------------ 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 ------------------------------------------------------------------------ Disclosure The Department will disclose the calculations performed for these final results of review within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department has determined, and U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. We intend to instruct CBP to liquidate POR entries of subject merchandise from Deosen, AHA, and CP Kelco (Shandong) at the rates listed for those companies in the table above. Where the respondent's weighted-average dumping margin is zero or de minimis, or where 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.\14\ --------------------------------------------------------------------------- \14\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 2012). --------------------------------------------------------------------------- For entries that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, but that entered under the case number of that exporter (i.e., at the individually-examined exporter's cash deposit rate), the Department will instruct CBP to liquidate such entries at the PRC-wide rate (i.e., 154.07 percent). Cash Deposit Requirements Except as noted below, the following cash deposit requirements will be effective for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed in the table above, the cash deposit rate will be the rate established in the final results of review that is listed for the exporter in the table; (2) for previously investigated or reviewed PRC and non-PRC exporters not listed in the table above that have separate rates, the cash deposit rate will continue to be the existing exporter-specific rate published for the most recent period; (3) for all PRC exporters [[Page 11431]] of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate previously established for the PRC-wide entity, which is 154.07 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. However, if the final results of the antidumping duty administrative review of xanthan gum from the PRC covering the period July 1, 2014, through June 30, 2015 publish on or before the date of publication of the final results of the instant review,\15\ then the cash deposit rates will be those rates established in the final results of the antidumping duty administrative review of xanthan gum from the PRC covering the period July 1, 2014, through June 30, 2015. The cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \15\ As noted above, on February 9, 2016, the Department deferred the final results of the instant administrative review. --------------------------------------------------------------------------- Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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. Notification Regarding Administrative Protective Order (``APO'') This notice also serves as a reminder to parties subject to 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 this segment 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 these final results of administrative review and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: February 13, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix--Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Application of Adverse Facts Available for Deosen and AHA Comment 2: Separate Rate Status of Deosen and AHA Comment 3: Separate Rate Status of Shanghai Smart Chemicals Co., Ltd. Comment 4: Separate Rate Margin Calculation Comment 5: Differential Pricing A. Authority To Conduct Differential Pricing Analysis in Administrative Reviews B. Use of Zeroing in Average-to-Transaction (``A-T'') Comparisons in Administrative Reviews Comment 6: Surrogate Value for Labor Comment 7: Surrogate Value for Domestic Truck Freight Comment 8: Surrogate Value for Corn Consumed at Fufeng's Neimenggu Fufeng Facility Comment 9: Surrogate Value for Coal Consumed at Fufeng's Neimenggu Fufeng and Xinjiang Fufeng Facilities Comment 10: Surrogate Value for Electricity Comment 11: Surrogate Value for Caustic Soda Comment 12: Surrogate Value Adjustment for Sodium Hypochlorite Comment 13: GTA POR Data Comment 14: Employee Retirement Expenses in Thai Churos Co., Ltd.'s Financial Statements Comment 15: Fufeng's Value Added Tax Calculation Comment 16: Fufeng's Energy Allocations Comment 17: Movement Expense for Fufeng's Raw Xanthan Gum Comment 18: Valuation of Deosen's Compressed Air Comment 19: Valuation of Deosen's U.S. Inland Truck Freight Comment 20: Alleged Calculation Errors for Deosen A. Marine Insurance B. AHA's Sales Premium C. Inland Freight D. Coal Consumption Recommendation [FR Doc. 2017-03505 Filed 2-22-17; 8:45 am] BILLING CODE 3510-DS-P
![11428 Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices
Property Management Regulations. DEPARTMENT OF COMMERCE The event will be physically
Forest Service property management accessible to people with disabilities.
officers will analyze the data collected Bureau of the Census Individuals requiring accommodation
to ensure that the property such as sign language interpretation or
National Sunshine Week Public Event other auxiliary aids should call Mary
accountability is accurate and no misuse
of property is occurring. AGENCY: Bureau of the Census, Kendall-Washington at (301) 763–6440
Department of Commerce. to request accommodations at least five
The authority to provide surplus
ACTION: Notice of public event. business days in advance.
supplies to state agencies comes from All registrants will be placed on a
the Federal Property and SUMMARY: The Bureau of the Census visitors’ list. All visitors for the event
Administration Services Act of 1949, 40 (U.S. Census Bureau) is announcing the must provide a government-issued
U.S.C. 202. Authority to loan excess following event, ‘‘Strengthening photo identification in order to enter the
supplies comes from 10 U.S.C., Subtitle Transparency through Open Data and building and receive a visitor’s badge.
A, Part IV, Chapter 153, 2576b grants Access to Information,’’ in recognition For logistical questions, call Karen
the authority for the FFP program. of National Sunshine Week. In Bronson at (301) 763–6440.
Estimate of Annual Burden: 1 hour recognizing open government, the Media interested in attending should
and 2 minutes. Census Bureau will hold public speaker call the Census Bureau’s Public
sessions to educate and engage the Information Office at (301) 763–3030.
Type of Respondents: State Foresters public in open data and information
and State Agency FEPP property Dated: February 15, 2017.
efforts.
managers. John H. Thompson,
DATES: The public speaker sessions will Director, Bureau of the Census.
Estimated Annual Number of be held on Wednesday, March 15 and [FR Doc. 2017–03481 Filed 2–22–17; 8:45 am]
Respondents: 65. Thursday, March 16, 2017, from 9:00
BILLING CODE 3510–07–P
Estimated Annual Number of a.m. to 4:00 p.m. The Census Bureau
Responses per Respondent: 302. also will co-host a kick-off event with
the Department of Commerce (DOC) on DEPARTMENT OF COMMERCE
Estimated Total Annual Burden on
March 14, 2017, from 9:00 a.m. to Noon
Respondents: 570 hours. at the Department of Commerce International Trade Administration
Comment Is Invited Research Library, 1401 Constitution
Avenue NW., Washington, DC 20230. [A–570–985]
Comment is invited on: (1) Whether Registration is free, but advanced Xanthan Gum From the People’s
this collection of information is registration is required for both the kick- Republic of China: Final Results of
necessary for the stated purposes and off event and the speaker sessions.
Antidumping Duty Administrative
the proper performance of the functions ADDRESSES: The public speaker sessions Review; 2013–2014
of the Agency, including whether the will be held in the U.S. Census Bureau
information will have practical or Training Room, T–5, 4600 Silver Hill AGENCY: Enforcement and Compliance,
scientific utility; (2) the accuracy of the Road, Suitland, MD 20746. International Trade Administration,
Agency’s estimate of the burden of the FOR FURTHER INFORMATION CONTACT: Department of Commerce.
collection of information, including the Jennifer Goode or Karen Bronson at the SUMMARY: The Department of Commerce
validity of the methodology and Policy Coordination Office, Open (‘‘the Department’’) is conducting an
assumptions used; (3) ways to enhance Government Program, by telephone administrative review of the
the quality, utility, and clarity of the (301) 763–6440 or by email at antidumping duty order on xanthan
information to be collected; and (4) pco.policy.office@census.gov. gum from the People’s Republic of
ways to minimize the burden of the For TTY callers, please call the China (‘‘PRC’’). For these final results,
collection of information on Federal Relay Service (FRS) at 1–800– we have treated Neimenggu Fufeng
877–8339 and give them the above- Biotechnologies Co., Ltd. (aka Inner
respondents, including the use of
listed number you would like to call. Mongolia Fufeng Biotechnologies Co.,
automated, electronic, mechanical, or
This service is free and confidential. Ltd.)/Shandong Fufeng Fermentation
other technological collection
SUPPLEMENTARY INFORMATION: Co., Ltd./Xinjiang Fufeng
techniques or other forms of information
Individuals may attend the kick-off Biotechnologies Co., Ltd. (collectively,
technology.
event at the DOC Research Library as ‘‘Fufeng’’), Deosen Biochemical Ltd./
All comments received in response to seating capacity permits. Both the kick- Deosen Biochemical (Ordos) Ltd.
this notice, including names and off event and speaker sessions will also (collectively, ‘‘Deosen’’), and A.H.A.
addresses when provided, will be a be available for public observation via International Co., Ltd. (‘‘AHA’’) as
matter of public record. Comments will call-in. Individuals seeking to attend the mandatory respondents. The period of
be summarized and included in the kick-off must register at https:// review (‘‘POR’’) is July 19, 2013,
submission request toward Office of www.eventbrite.com/e/sunshine-week- through June 30, 2014. The Department
Management and Budget approval. kickoff-event-at-the-department-of- published its Preliminary Results on
Dated: February 3, 2017.
commerce-tickets-31099862526 by 12:00 August 7, 2015 and issued post-
p.m. (EDT) on March 13. Individuals preliminary results on August 5, 2016.
Patricia Hirami, who wish to attend the speaker sessions We gave interested parties an
rmajette on DSK2TPTVN1PROD with NOTICES
Associate Deputy Chief, State & Private at the Census Bureau must register at opportunity to comment on the
Forestry. https://www.eventbrite.com/e/sunshine- Preliminary Results and post-
[FR Doc. 2017–03457 Filed 2–22–17; 8:45 am] week-at-the-census-bureau-tickets- preliminary results, and based upon our
BILLING CODE 3411–15–P 31641194665 by 12:00 p.m. (EDT) on analysis of the comments received, we
March 14. Agendas and call-in made certain changes to the dumping
instructions will be provided upon margin calculations for these final
registration. results of review.
VerDate Sep<11>2014 14:10 Feb 22, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1](https://thefederalregister.org/doc/82_FR_11463/page/1.svg)
![Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices 11431
of subject merchandise that have not Dated: February 13, 2017. DEPARTMENT OF COMMERCE
been found to be entitled to a separate Ronald K. Lorentzen,
rate, the cash deposit rate will be the Acting Assistant Secretary for Enforcement International Trade Administration
rate previously established for the PRC- and Compliance. [A–552–802]
wide entity, which is 154.07 percent;
and (4) for all non-PRC exporters of Appendix—Issues and Decision Certain Frozen Warmwater Shrimp
subject merchandise which have not Memorandum From the Socialist Republic of
received their own rate, the cash deposit Summary Vietnam: Final Results of Antidumping
rate will be the rate applicable to the Background Duty Administrative Review, 2015–
PRC exporter that supplied that non- Scope of the Order 2016
PRC exporter. Discussion of the Issues
AGENCY: Enforcement and Compliance,
However, if the final results of the Comment 1: Application of Adverse Facts
International Trade Administration,
antidumping duty administrative review Available for Deosen and AHA
Department of Commerce.
of xanthan gum from the PRC covering Comment 2: Separate Rate Status of Deosen
the period July 1, 2014, through June 30, and AHA SUMMARY: On November 9, 2016, the
2015 publish on or before the date of Comment 3: Separate Rate Status of Department of Commerce (Department)
publication of the final results of the Shanghai Smart Chemicals Co., Ltd. published in the Federal Register the
instant review,15 then the cash deposit Comment 4: Separate Rate Margin preliminary results of the eleventh
rates will be those rates established in Calculation administrative review of the
the final results of the antidumping duty Comment 5: Differential Pricing antidumping duty order on certain
administrative review of xanthan gum A. Authority To Conduct Differential warmwater shrimp from the Socialist
from the PRC covering the period July Pricing Analysis in Administrative Republic of Vietnam (Vietnam). We
1, 2014, through June 30, 2015. The cash Reviews continue find that the mandatory
deposit requirements, when imposed, B. Use of Zeroing in Average-to- respondents in this review do not
shall remain in effect until further Transaction (‘‘A–T’’) Comparisons in qualify for a separate rate and are,
notice. Administrative Reviews therefore, considered part of the
Comment 6: Surrogate Value for Labor Vietnam-Wide Entity during the period
Notification to Importers Regarding the Comment 7: Surrogate Value for Domestic of review (POR) February 1, 2015,
Reimbursement of Duties Truck Freight through January 31, 2016.
This notice also serves as a final Comment 8: Surrogate Value for Corn DATES: Effective February 23, 2017.
Consumed at Fufeng’s Neimenggu FOR FURTHER INFORMATION CONTACT:
reminder to importers of their
Fufeng Facility Irene Gorelik, AD/CVD Operations,
responsibility under 19 CFR 351.402(f)
Comment 9: Surrogate Value for Coal
to file a certificate regarding the Office VIII, Enforcement and
Consumed at Fufeng’s Neimenggu
reimbursement of antidumping duties Compliance, International Trade
Fufeng and Xinjiang Fufeng Facilities
prior to liquidation of the relevant Administration, U.S. Department of
Comment 10: Surrogate Value for
entries during this POR. Failure to Commerce, 1401 Constitution Avenue
Electricity
comply with this requirement could NW., Washington, DC 20230; telephone:
Comment 11: Surrogate Value for Caustic
result in the Department’s presumption 202–482–6905.
Soda
that reimbursement of antidumping Comment 12: Surrogate Value Adjustment SUPPLEMENTARY INFORMATION: On
duties occurred and the subsequent for Sodium Hypochlorite November 9, 2016, the Department
assessment of double antidumping Comment 13: GTA POR Data published the Preliminary Results,1 and
duties. Comment 14: Employee Retirement gave interested parties an opportunity to
Notification Regarding Administrative Expenses in Thai Churos Co., Ltd.’s comment. On November 10, 2016, Ngoc
Protective Order (‘‘APO’’) Financial Statements Tri Seafood Joint Stock Company (Ngoc
Comment 15: Fufeng’s Value Added Tax Tri) filed a case brief.2 No other
This notice also serves as a reminder Calculation interested parties filed case briefs and
to parties subject to APO of their Comment 16: Fufeng’s Energy Allocations no interested parties filed rebuttal
responsibility concerning the return or Comment 17: Movement Expense for briefs. We address Ngoc Tri’s argument
destruction of proprietary information Fufeng’s Raw Xanthan Gum below.
disclosed under APO in accordance Comment 18: Valuation of Deosen’s
with 19 CFR 351.305, which continues Scope of the Order 3
Compressed Air
to govern business proprietary Comment 19: Valuation of Deosen’s U.S. The merchandise subject to the order
information in this segment of the Inland Truck Freight is certain frozen warmwater shrimp.
proceeding. Timely written notification Comment 20: Alleged Calculation Errors The product is currently classified
of the return or destruction of APO for Deosen under the following Harmonized Tariff
materials, or conversion to judicial A. Marine Insurance Schedule of the United States (HTSUS)
protective order, is hereby requested. B. AHA’s Sales Premium item numbers: 0306.17.00.03,
Failure to comply with the regulations C. Inland Freight
and terms of an APO is a violation D. Coal Consumption 1 See Certain Frozen Warmwater Shrimp from the
which is subject to sanction. Recommendation Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty Administrative Review; 2015–
We are issuing these final results of [FR Doc. 2017–03505 Filed 2–22–17; 8:45 am]
rmajette on DSK2TPTVN1PROD with NOTICES
2016, 81 FR 78789 (November 9, 2016) (Preliminary
administrative review and publishing BILLING CODE 3510–DS–P Results).
2 See Ngoc Tri Case Brief, dated November 10,
this notice in accordance with sections
2016.
751(a)(1) and 777(i) of the Act. 3 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
15 As noted above, on February 9, 2016, the Duty Order: Certain Frozen Warmwater Shrimp
Department deferred the final results of the instant from the Socialist Republic of Vietnam, 70 FR 5152
administrative review. (February 1, 2005) (Order).
VerDate Sep<11>2014 14:10 Feb 22, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1](https://thefederalregister.org/doc/82_FR_11463/page/4.svg)
Document Created: 2017-02-23 02:10:53
Document Modified: 2017-02-23 02:10:53
| 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 February 23, 2017. | |
| Contact | Krisha Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4037. | |
| FR Citation | 82 FR 11428 |
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