83_FR_52405 83 FR 52205 - Xanthan Gum From the People's Republic of China: Notice of Court Decision Not in Harmony With Amended Final Determination in Less Than Fair Value Investigation; Notice of Amended Final Determination Pursuant to Court Decision; Notice of Revocation of Antidumping Duty Order in Part; and Discontinuation of Fourth and Fifth Antidumping Duty Administrative Reviews in Part

83 FR 52205 - Xanthan Gum From the People's Republic of China: Notice of Court Decision Not in Harmony With Amended Final Determination in Less Than Fair Value Investigation; Notice of Amended Final Determination Pursuant to Court Decision; Notice of Revocation of Antidumping Duty Order in Part; and Discontinuation of Fourth and Fifth Antidumping Duty Administrative Reviews in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 200 (October 16, 2018)

Page Range52205-52206
FR Document2018-22484

On September 17, 2018, the United States Court of International Trade (CIT or Court) sustained the Department of Commerce's (Commerce) remand redetermination pertaining to the less- than-fair-value (LTFV) investigation of xanthan gum from the People's Republic of China (China). Because of the CIT's final decision, we are notifying the public that the CIT's decision is not in harmony with Commerce's final determination in the LTFV investigation of xanthan gum from China. Pursuant to the CIT's final judgment, Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.) and Shandong Fufeng Fermentation, Co., Ltd. (collectively, Fufeng) are being excluded from the order.

Federal Register, Volume 83 Issue 200 (Tuesday, October 16, 2018)
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52205-52206]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22484]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Amended Final Determination in Less Than 
Fair Value Investigation; Notice of Amended Final Determination 
Pursuant to Court Decision; Notice of Revocation of Antidumping Duty 
Order in Part; and Discontinuation of Fourth and Fifth Antidumping Duty 
Administrative Reviews in Part

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

SUMMARY: On September 17, 2018, the United States Court of 
International Trade (CIT or Court) sustained the Department of 
Commerce's (Commerce) remand redetermination pertaining to the less-
than-fair-value (LTFV) investigation of xanthan gum from the People's 
Republic of China (China). Because of the CIT's final decision, we are 
notifying the public that the CIT's decision is not in harmony with 
Commerce's final determination in the LTFV investigation of xanthan gum 
from China. Pursuant to the CIT's final judgment, Neimenggu Fufeng 
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies 
Co., Ltd.) and Shandong Fufeng Fermentation, Co., Ltd. (collectively, 
Fufeng) are being excluded from the order.

DATES: September 27, 2018.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey, 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) 482-0193.

SUPPLEMENTARY INFORMATION: 

Background

    The litigation in this case relates to Commerce's final 
determination in the antidumping duty investigation covering xanthan 
gum from China,\1\ which was later amended.\2\ In its Amended Final 
Determination and Order, Commerce reached affirmative determinations 
for mandatory respondents Fufeng and Deosen Biochemical Ltd. 
(Deosen).\3\ CP Kelco U.S. and Fufeng appealed the Amended Final 
Determination and Order to the CIT, and on March 31, 2015, the CIT 
sustained, in part, and remanded, in part, Commerce's Final 
Determination,\4\ as modified by the Amended Final Determination.\5\ 
Specifically, the Court remanded, for reevaluation, Commerce's 
conclusion that the Thai Ajinomoto financial statements constituted a 
better source for calculating surrogate financial ratios than the Thai 
Fermentation statements, and granted the Government's request for a 
voluntary remand to reconsider Commerce's allocation of energy consumed 
at Fufeng's Neimenggu plant between the production of subject and non-
subject merchandise.\6\ Pursuant to a series of remand orders issued by 
the Court that resulted in four remand redeterminations, Commerce 
adjusted its allocation of energy consumed at Fufeng's Neimenggu plant 
and revised Fufeng's weighted average dumping margin by using Thai 
Fermentation's financial statements to derive the surrogate financial 
ratios.\7\ On September 17, 2018, the CIT sustained Commerce's Final 
Remand Redetermination.\8\
---------------------------------------------------------------------------

    \1\ See Xanthan Gum from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 78 FR 33351 (June 4, 
2013) (Final Determination) and accompanying Issues and Decision 
Memorandum.
    \2\ 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) (Amended Final Determination 
and Order).
    \3\ Id. at 43144.
    \4\ See Final Determination, 78 FR at 33351.
    \5\ See CP Kelco US, Inc. v. United States, Slip Op. 15-27, (CIT 
Mar. 31, 2015) (CP Kelco I).
    \6\ Id. at 2-3, 11-15, 32-34.
    \7\ Id.; see also CP Kelco US, Inc. v. United States, Slip Op. 
16-36 (CIT Apr. 8, 2016) (CP Kelco II); CP Kelco US, Inc. v. United 
States, 211 F. Supp. 3d 1338 (CIT 2017) (CP Kelco III); CP Kelco US, 
Inc. v. United States, Slip Op. 18-36 (CIT Apr. 5, 2018) (CP Kelco 
IV).
    \8\ See CP Kelco US, Inc. v. United States, Slip Op. 18-120 (CIT 
Sept. 17, 2018) (CP Kelco V).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the United States Court of Appeals for the Federal 
Circuit (CAFC) held that, pursuant to section 516A(e) of the Tariff Act 
of 1930, as amended (the Act), Commerce must publish a notice of a 
court decision that is not ``in harmony'' with a Commerce determination 
and must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's September 17, 2018, final judgment sustaining 
Commerce's fourth remand redetermination \11\ constitutes a final

[[Page 52206]]

decision of the Court that is not in harmony with Commerce's Amended 
Final Determination and Order. This notice is published in fulfillment 
of the publication requirements of Timken.
---------------------------------------------------------------------------

    \9\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \11\ See CP Kelco V, at 6; see also CP Kelco US, Inc. v. United 
States, Court No. 13-00288, Slip Op. 18-36 (April 5, 2018), Final 
Results of Fourth Redetermination Pursuant to Court Order, dated 
July 5, 2018 (Fourth Remand Results).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court decision, Commerce is amending 
the Final Determination and Amended Final Determination and Order with 
respect to Fufeng. The revised weighted-average dumping margin for 
Fufeng for the period October 1, 2011, through March 31, 2012, is as 
follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
            Exporter                     Producer         dumping margin
                                                             (percent)
------------------------------------------------------------------------
Neimenggu Fufeng                 Neimenggu Fufeng                   0.00
 Biotechnologies, Co., Ltd.       Biotechnologies, Co.,
 (aka Inner Mongolia Fufeng       Ltd. (aka Inner
 Biotechnologies Co., Ltd.)/      Mongolia Fufeng
 Shandong Fufeng Fermentation     Biotechnologies Co.,
 Co., Ltd.                        Ltd.)/Shandong Fufeng
                                  Fermentation Co., Ltd.
------------------------------------------------------------------------

Partial Exclusion From Antidumping Duty Order and Partial 
Discontinuation of Fourth and Fifth Antidumping Duty Administrative 
Reviews

    Pursuant to section 735(a)(4) of the Act, Commerce ``shall 
disregard any weighted average dumping margin that is de minimis as 
defined in section 733(b)(3) of the Act.'' \12\ Furthermore, and 
pursuant to section 735(c)(2) of the Act, ``the investigation shall be 
terminated upon publication of that negative determination'' and 
Commerce shall ``terminate the suspension of liquidation'' and 
``release any bond or other security, and refund any cash deposit.'' 
\13\ As a result of this amended final determination, in which Commerce 
has calculated an estimated weighted-average dumping margin of 0.00 
percent for Fufeng, Commerce is hereby excluding merchandise from the 
above producer-exporter combination from the antidumping duty 
order.\14\ Accordingly, Commerce will direct U.S. Customs and Border 
Protection (CBP) to release any bonds or other security and refund cash 
deposits pertaining to any suspended entries from the producer-exporter 
combination listed above. This exclusion does not apply beyond the 
producer-exporter combination referenced above.
---------------------------------------------------------------------------

    \12\ Section 733(b)(3) of the Act defines de minimis dumping 
margin as ``less than 2 percent ad valorem or the equivalent 
specific rate for the subject merchandise.''
    \13\ See sections 735(c)(2)(A) and (B) of the Act.
    \14\ See Fourth Remand Results, at 12.
---------------------------------------------------------------------------

    We note, however, pursuant to Timken, the suspension of liquidation 
must continue during the pendency of the appeals process. Thus, we will 
instruct CBP to suspend liquidation of all unliquidated entries from 
the producer-exporter combination referenced above at a cash deposit 
rate of 0.00 percent which are entered, or withdrawn from warehouse, 
for consumption after September 27, 2018, which is ten days after the 
CIT's final decision, in accordance with section 516A of the Act.\15\ 
If the CIT's ruling is not appealed, or if appealed and upheld, 
Commerce will instruct CBP to terminate the suspension of liquidation 
and to liquidate entries subject to the producer-exporter combination 
rate stated above without regard to antidumping duties. As a result of 
the exclusion, Commerce (1) is discontinuing the ongoing fourth and 
fifth administrative reviews, in part, with respect to Fufeng's entries 
during those periods of review; \16\ and (2) will not initiate any new 
administrative reviews of Fufeng's entries pursuant to the antidumping 
order.\17\
---------------------------------------------------------------------------

    \15\ See, e.g., Drill Pipe from the People's Republic of China: 
Notice of Court Decision Not in Harmony with International Trade 
Commission's Injury Determination, Revocation of Antidumping and 
Countervailing Duty Orders Pursuant to Court Decision, and 
Discontinuation of Countervailing Duty Administrative Review, 79 FR 
78037, 78038 (December 29, 2014) (Drill Pipe); High Pressure Steel 
Cylinders from the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Determination in Less Than Fair 
Value Investigation, Notice of Amended Final Determination Pursuant 
to Court Decision, Notice of Revocation of Antidumping Duty Order in 
Part, and Discontinuation of Fifth Antidumping Duty Administrative 
Review, 82 FR 46758, 46760 (October 6, 2017).
    \16\ See Xanthan Gum from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review, 
and Preliminary Determination of No Shipments; 2016-2017, 83 FR 
40229, August 14, 2018; see also Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 83 FR 45596 (September 
10, 2018).
    \17\ See Drill Pipe, 79 FR at 78038; see also Certain Steel 
Nails from the United Arab Emirates: Notice of Court Decision Not in 
Harmony with the Final Determination and Amended Final Determination 
of the Less Than Fair Value Investigation, 80 FR 77316 (December 14, 
2015).
---------------------------------------------------------------------------

    Lastly, we note that, at this time, Commerce remains enjoined by 
Court order from liquidating entries that: (1) Were produced and 
exported by Fufeng, and were entered, or withdrawn from warehouse, for 
consumption during the period July 19, 2013, through June 30, 2014; (2) 
were produced and exported by Fufeng, and were entered, or withdrawn 
from warehouse, for consumption during the period July 1, 2014, through 
June 30, 2015, by East West Technologies Inc.; and (3) were produced 
and exported by Fufeng, and were entered, or withdrawn from warehouse, 
for consumption during the period July 1, 2014, through June 30, 2015, 
by LABH Inc., designated as Entry No. 22703189153, with an entry date 
of July 7, 2014, and Fufeng's Invoice No. MEU14088. These entries will 
remain enjoined pursuant to the terms of the injunction during the 
pendency of any appeals process.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c)(1) and (e) of the Act.

    Dated: October 10, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-22484 Filed 10-15-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                                    52205

                                              merchandise; and (4) the cash deposit                   DEPARTMENT OF COMMERCE                                determinations for mandatory
                                              rate for all other producers or exporters                                                                     respondents Fufeng and Deosen
                                              will continue to be 9.70 percent,7 the                  International Trade Administration                    Biochemical Ltd. (Deosen).3 CP Kelco
                                              all-others rate established in the LTFV                 [A–570–985]                                           U.S. and Fufeng appealed the Amended
                                              investigation. These cash deposit                                                                             Final Determination and Order to the
                                              requirements, when imposed, shall                       Xanthan Gum From the People’s                         CIT, and on March 31, 2015, the CIT
                                              remain in effect until further notice.                  Republic of China: Notice of Court                    sustained, in part, and remanded, in
                                                                                                      Decision Not in Harmony With                          part, Commerce’s Final Determination,4
                                              Notification to Importers                               Amended Final Determination in Less                   as modified by the Amended Final
                                                                                                      Than Fair Value Investigation; Notice                 Determination.5 Specifically, the Court
                                                 This notice serves as a final reminder                                                                     remanded, for reevaluation, Commerce’s
                                                                                                      of Amended Final Determination
                                              to importers of their responsibility                                                                          conclusion that the Thai Ajinomoto
                                                                                                      Pursuant to Court Decision; Notice of
                                              under 19 CFR 351.402(f)(2) to file a                    Revocation of Antidumping Duty Order                  financial statements constituted a better
                                              certificate regarding the reimbursement                 in Part; and Discontinuation of Fourth                source for calculating surrogate
                                              of antidumping duties prior to                          and Fifth Antidumping Duty                            financial ratios than the Thai
                                              liquidation of the relevant entries                     Administrative Reviews in Part                        Fermentation statements, and granted
                                              during this POR. Failure to comply with                                                                       the Government’s request for a
                                              this requirement could result in                        AGENCY:   Enforcement and Compliance,                 voluntary remand to reconsider
                                              Commerce’s presumption that                             International Trade Administration,                   Commerce’s allocation of energy
                                              reimbursement of antidumping duties                     Department of Commerce.                               consumed at Fufeng’s Neimenggu plant
                                              occurred and the subsequent assessment                  SUMMARY: On September 17, 2018, the                   between the production of subject and
                                              of double antidumping duties.                           United States Court of International                  non-subject merchandise.6 Pursuant to a
                                                                                                      Trade (CIT or Court) sustained the                    series of remand orders issued by the
                                              Notification to Interested Parties                      Department of Commerce’s (Commerce)                   Court that resulted in four remand
                                              Regarding Administrative Protective                     remand redetermination pertaining to                  redeterminations, Commerce adjusted
                                              Order                                                   the less-than-fair-value (LTFV)                       its allocation of energy consumed at
                                                                                                      investigation of xanthan gum from the                 Fufeng’s Neimenggu plant and revised
                                                 This notice also serves as the only                  People’s Republic of China (China).                   Fufeng’s weighted average dumping
                                              reminder to parties subject to                          Because of the CIT’s final decision, we               margin by using Thai Fermentation’s
                                              administrative protective order (APO) of                are notifying the public that the CIT’s               financial statements to derive the
                                              their responsibility concerning the                     decision is not in harmony with                       surrogate financial ratios.7 On
                                              disposition of proprietary information                  Commerce’s final determination in the                 September 17, 2018, the CIT sustained
                                              disclosed under APO in accordance                       LTFV investigation of xanthan gum                     Commerce’s Final Remand
                                              with 19 CFR 351.305(a)(3), which                        from China. Pursuant to the CIT’s final               Redetermination.8
                                              continues to govern business                            judgment, Neimenggu Fufeng
                                                                                                      Biotechnologies Co., Ltd. (aka Inner                  Timken Notice
                                              proprietary information in this segment
                                              of the proceeding. Timely written                       Mongolia Fufeng Biotechnologies Co.,                     In its decision in Timken,9 as clarified
                                              notification of the return or destruction               Ltd.) and Shandong Fufeng                             by Diamond Sawblades,10 the United
                                              of APO materials or conversion to                       Fermentation, Co., Ltd. (collectively,                States Court of Appeals for the Federal
                                              judicial protective order is hereby                     Fufeng) are being excluded from the                   Circuit (CAFC) held that, pursuant to
                                              requested. Failure to comply with the                   order.                                                section 516A(e) of the Tariff Act of
                                              regulations and the terms of an APO is                  DATES: September 27, 2018.
                                                                                                                                                            1930, as amended (the Act), Commerce
                                                                                                                                                            must publish a notice of a court
                                              a sanctionable violation.                               FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            decision that is not ‘‘in harmony’’ with
                                                 We are issuing and publishing this                   Stephen Bailey, AD/CVD Operations,
                                                                                                                                                            a Commerce determination and must
                                              notice in accordance with sections                      Office IV, Enforcement and Compliance,
                                                                                                                                                            suspend liquidation of entries pending
                                              751(a)(1) and 777(i)(1) of the Act and 19               International Trade Administration,
                                                                                                                                                            a ‘‘conclusive’’ court decision. The CIT’s
                                              CFR 351.213(h).                                         U.S. Department of Commerce, 1401
                                                                                                                                                            September 17, 2018, final judgment
                                                                                                      Constitution Avenue NW, Washington,
                                                Dated: October 10, 2018.                                                                                    sustaining Commerce’s fourth remand
                                                                                                      DC 20230; telephone: (202) 482–0193.
                                                                                                                                                            redetermination 11 constitutes a final
                                              Gary Taverman,                                          SUPPLEMENTARY INFORMATION:
                                              Deputy Assistant Secretary for Antidumping                                                                      3 Id.  at 43144.
                                                                                                      Background
                                              and Countervailing Duty Operations,                                                                             4 See   Final Determination, 78 FR at 33351.
                                              performing the non-exclusive functions and                The litigation in this case relates to                 5 See CP Kelco US, Inc. v. United States, Slip Op.

                                              duties of the Assistant Secretary for                   Commerce’s final determination in the                 15–27, (CIT Mar. 31, 2015) (CP Kelco I).
                                              Enforcement and Compliance.                             antidumping duty investigation                           6 Id. at 2–3, 11–15, 32–34.
                                                                                                                                                               7 Id.; see also CP Kelco US, Inc. v. United States,
                                              [FR Doc. 2018–22501 Filed 10–15–18; 8:45 am]            covering xanthan gum from China,1
                                                                                                                                                            Slip Op. 16–36 (CIT Apr. 8, 2016) (CP Kelco II); CP
                                              BILLING CODE 3510–DS–P                                  which was later amended.2 In its                      Kelco US, Inc. v. United States, 211 F. Supp. 3d
                                                                                                      Amended Final Determination and                       1338 (CIT 2017) (CP Kelco III); CP Kelco US, Inc.
                                                                                                      Order, Commerce reached affirmative                   v. United States, Slip Op. 18–36 (CIT Apr. 5, 2018)
                                                                                                                                                            (CP Kelco IV).
                                                                                                        1 See Xanthan Gum from the People’s Republic of        8 See CP Kelco US, Inc. v. United States, Slip Op.
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      China: Final Determination of Sales at Less Than      18–120 (CIT Sept. 17, 2018) (CP Kelco V).
                                                                                                                                                               9 See Timken Co. v. United States, 893 F.2d 337,
                                                                                                      Fair Value, 78 FR 33351 (June 4, 2013) (Final
                                                                                                      Determination) and accompanying Issues and            341 (Fed. Cir. 1990) (Timken).
                                                                                                      Decision Memorandum.                                     10 See Diamond Sawblades Mfrs. Coalition v.
                                                                                                        2 See Xanthan Gum from the People’s Republic of     United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                                                                      China: Amended Final Determination of Sales at        (Diamond Sawblades).
                                                7 See Certain Circular Welded Carbon Steel Pipes
                                                                                                      Less Than Fair Value and Antidumping Duty Order,         11 See CP Kelco V, at 6; see also CP Kelco US, Inc.
                                              and Tubes from Taiwan: Antidumping Duty Order,          78 FR 43143 (July 19, 2013) (Amended Final            v. United States, Court No. 13–00288, Slip Op. 18–
                                              49 FR 19369 (May 7, 1984).                              Determination and Order).                                                                          Continued




                                         VerDate Sep<11>2014   18:44 Oct 15, 2018   Jkt 247001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\16OCN1.SGM    16OCN1


                                              52206                        Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

                                              decision of the Court that is not in                    Amended Final Determination                            Final Determination and Order with
                                              harmony with Commerce’s Amended                                                                                respect to Fufeng. The revised weighted-
                                              Final Determination and Order. This                       Because there is now a final court                   average dumping margin for Fufeng for
                                              notice is published in fulfillment of the               decision, Commerce is amending the                     the period October 1, 2011, through
                                              publication requirements of Timken.                     Final Determination and Amended                        March 31, 2012, is as follows:

                                                                                                                                                                                                    Weighted-
                                                                                                                                                                                                     average
                                                                             Exporter                                                                 Producer                                      dumping
                                                                                                                                                                                                     margin
                                                                                                                                                                                                    (percent)

                                              Neimenggu Fufeng Biotechnologies, Co., Ltd. (aka Inner Mon-                Neimenggu Fufeng Biotechnologies, Co., Ltd. (aka Inner Mon-                          0.00
                                                golia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng                    golia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng
                                                Fermentation Co., Ltd.                                                     Fermentation Co., Ltd.



                                              Partial Exclusion From Antidumping                      producer-exporter combination                          2015, by LABH Inc., designated as Entry
                                              Duty Order and Partial Discontinuation                  referenced above at a cash deposit rate                No. 22703189153, with an entry date of
                                              of Fourth and Fifth Antidumping Duty                    of 0.00 percent which are entered, or                  July 7, 2014, and Fufeng’s Invoice No.
                                              Administrative Reviews                                  withdrawn from warehouse, for                          MEU14088. These entries will remain
                                                                                                      consumption after September 27, 2018,                  enjoined pursuant to the terms of the
                                                 Pursuant to section 735(a)(4) of the                 which is ten days after the CIT’s final                injunction during the pendency of any
                                              Act, Commerce ‘‘shall disregard any                     decision, in accordance with section                   appeals process.
                                              weighted average dumping margin that                    516A of the Act.15 If the CIT’s ruling is
                                              is de minimis as defined in section                     not appealed, or if appealed and upheld,               Notification to Interested Parties
                                              733(b)(3) of the Act.’’ 12 Furthermore,                 Commerce will instruct CBP to                             This notice is issued and published in
                                              and pursuant to section 735(c)(2) of the                terminate the suspension of liquidation                accordance with sections 516A(c)(1) and
                                              Act, ‘‘the investigation shall be                       and to liquidate entries subject to the                (e) of the Act.
                                              terminated upon publication of that                     producer-exporter combination rate                       Dated: October 10, 2018.
                                              negative determination’’ and Commerce                   stated above without regard to
                                              shall ‘‘terminate the suspension of                                                                            Gary Taverman,
                                                                                                      antidumping duties. As a result of the
                                              liquidation’’ and ‘‘release any bond or                                                                        Deputy Assistant Secretary for Antidumping
                                                                                                      exclusion, Commerce (1) is                             and Countervailing Duty Operations,
                                              other security, and refund any cash                     discontinuing the ongoing fourth and                   performing the non-exclusive functions and
                                              deposit.’’ 13 As a result of this amended               fifth administrative reviews, in part,                 duties of the Assistant Secretary for
                                              final determination, in which                           with respect to Fufeng’s entries during                Enforcement and Compliance.
                                              Commerce has calculated an estimated                    those periods of review; 16 and (2) will               [FR Doc. 2018–22484 Filed 10–15–18; 8:45 am]
                                              weighted-average dumping margin of                      not initiate any new administrative                    BILLING CODE 3510–DS–P
                                              0.00 percent for Fufeng, Commerce is                    reviews of Fufeng’s entries pursuant to
                                              hereby excluding merchandise from the                   the antidumping order.17
                                              above producer-exporter combination                        Lastly, we note that, at this time,                 DEPARTMENT OF COMMERCE
                                              from the antidumping duty order.14                      Commerce remains enjoined by Court
                                              Accordingly, Commerce will direct U.S.                  order from liquidating entries that: (1)               International Trade Administration
                                              Customs and Border Protection (CBP) to                  Were produced and exported by Fufeng,
                                              release any bonds or other security and                                                                        [A–580–867]
                                                                                                      and were entered, or withdrawn from
                                              refund cash deposits pertaining to any                  warehouse, for consumption during the                  Large Power Transformers From the
                                              suspended entries from the producer-                    period July 19, 2013, through June 30,                 Republic of Korea: Continuation of
                                              exporter combination listed above. This                 2014; (2) were produced and exported                   Antidumping Duty Order
                                              exclusion does not apply beyond the                     by Fufeng, and were entered, or
                                              producer-exporter combination                           withdrawn from warehouse, for                          AGENCY:  Enforcement and Compliance,
                                              referenced above.                                       consumption during the period July 1,                  International Trade Administration,
                                                 We note, however, pursuant to                        2014, through June 30, 2015, by East                   Department of Commerce.
                                              Timken, the suspension of liquidation                   West Technologies Inc.; and (3) were                   SUMMARY: The Department of Commerce
                                              must continue during the pendency of                    produced and exported by Fufeng, and                   (Commerce) and the U.S. International
                                              the appeals process. Thus, we will                      were entered, or withdrawn from                        Trade Commission (ITC) determined
                                              instruct CBP to suspend liquidation of                  warehouse, for consumption during the                  that revocation of the antidumping duty
                                              all unliquidated entries from the                       period July 1, 2014, through June 30,                  (AD) order on large power transformers

                                              36 (April 5, 2018), Final Results of Fourth             Decision, and Discontinuation of Countervailing        Duty Administrative Review, and Preliminary
                                              Redetermination Pursuant to Court Order, dated          Duty Administrative Review, 79 FR 78037, 78038         Determination of No Shipments; 2016–2017, 83 FR
                                              July 5, 2018 (Fourth Remand Results).                   (December 29, 2014) (Drill Pipe); High Pressure        40229, August 14, 2018; see also Initiation of
                                                12 Section 733(b)(3) of the Act defines de minimis    Steel Cylinders from the People’s Republic of China:   Antidumping and Countervailing Duty
                                              dumping margin as ‘‘less than 2 percent ad valorem      Notice of Court Decision Not in Harmony With           Administrative Reviews, 83 FR 45596 (September
amozie on DSK3GDR082PROD with NOTICES1




                                              or the equivalent specific rate for the subject         Final Determination in Less Than Fair Value            10, 2018).
                                              merchandise.’’                                          Investigation, Notice of Amended Final                   17 See Drill Pipe, 79 FR at 78038; see also Certain
                                                13 See sections 735(c)(2)(A) and (B) of the Act.      Determination Pursuant to Court Decision, Notice of
                                                14 See Fourth Remand Results, at 12.                  Revocation of Antidumping Duty Order in Part, and      Steel Nails from the United Arab Emirates: Notice
                                                15 See, e.g., Drill Pipe from the People’s Republic   Discontinuation of Fifth Antidumping Duty              of Court Decision Not in Harmony with the Final
                                              of China: Notice of Court Decision Not in Harmony       Administrative Review, 82 FR 46758, 46760              Determination and Amended Final Determination
                                              with International Trade Commission’s Injury            (October 6, 2017).                                     of the Less Than Fair Value Investigation, 80 FR
                                              Determination, Revocation of Antidumping and              16 See Xanthan Gum from the People’s Republic        77316 (December 14, 2015).
                                              Countervailing Duty Orders Pursuant to Court            of China: Preliminary Results of the Antidumping



                                         VerDate Sep<11>2014   18:44 Oct 15, 2018   Jkt 247001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\16OCN1.SGM   16OCN1



Document Created: 2018-10-15 23:42:29
Document Modified: 2018-10-15 23:42:29
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
DatesSeptember 27, 2018.
ContactStephen Bailey, 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) 482-0193.
FR Citation83 FR 52205 

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