83_FR_61833 83 FR 61602 - Xanthan Gum From the People's Republic of China: Continuation of Antidumping Duty Order

83 FR 61602 - Xanthan Gum From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 231 (November 30, 2018)

Page Range61602-61603
FR Document2018-26170

As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on xanthan gum from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD duty order.

Federal Register, Volume 83 Issue 231 (Friday, November 30, 2018)
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61602-61603]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26170]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Continuation of 
Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on xanthan gum from the 
People's Republic of China (China) would likely lead to a continuation 
or recurrence of dumping and material injury to an industry in the 
United States, Commerce is publishing a notice of continuation of the 
AD duty order.

DATES: Applicable November 30, 2018.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith, 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) 482-4162 or (202) 482-5193, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 19, 2013, Commerce published in the Federal Register the AD 
order on xanthan gum from China.\1\ On June 1, 2018, Commerce published 
the notice of initiation of this sunset review of the Order, pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ 
Commerce conducted this sunset review on an expedited basis, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2) 
because it received a complete timely, and adequate response from a 
domestic interested party \3\ but no substantive responses from 
respondent interested parties. As a result of its review, Commerce 
determined pursuant to sections 751(c)(1) and 752(c) of the Act, that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping. Commerce also notified the ITC of the magnitude 
of the dumping margins likely to prevail should the Order be 
revoked.\4\ On November 20, 2018, the ITC published its determination, 
pursuant to section 751(c) of the Act, that revocation of the AD duty 
order on xanthan gum from China would be likely to lead to continuation 
or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\5\
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    \1\ See Xanthan Gum from the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Duty Order, 78 FR 43143 (July 19, 2013) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 25436 
(June 1, 2018).
    \3\ See Letter from ADM to Commerce re, ``Five-Year (``Sunset'') 
Review Of Antidumping Duty Order On Xanthan Gum From The People's 
Republic Of China/Domestic Industry Notice Of Intent To Participate 
In Sunset Review,'' dated June 15, 2018, and Letter from CP Kelco to 
Commerce re, ``Xanthan Gum from the People's Republic of China: CP 
Kelco U.S., Inc.'s Notice Of Intent To Participate,'' dated June 18, 
2018.
    \4\ See Xanthan Gum from the People's Republic of China: Final 
Results of the Expedited First Sunset Review of the Antidumping Duty 
Order, 83 FR 48589 (September 26, 2018) (Final Results).
    \5\ See xanthan gum from China: First Review, Inv. No. 731-TA-
1203, 83 FR 58592 (November 20, 2018).
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Scope of the Order

    The merchandise covered by the scope of the Order includes dry 
xanthan gum, whether or not coated or blended with other products. 
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 the Order is classified in the 
Harmonized Tariff Schedule of the United States at subheading 
3913.90.20.15. This tariff classification is provided for convenience 
and customs purposes; however, the written description of the scope is 
dispositive.\6\
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    \6\ For complete description of the scope of the Order, see 
``Issues and Decision Memorandum for the Expedited First Sunset 
Review of the Antidumping Duty Order on Xanthan Gum from the 
People's Republic of China,'' dated September 19, 2018.
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Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the AD order on

[[Page 61603]]

xanthan gum from China. U.S. Customs and Border Protection will 
continue to collect AD cash deposits at the rates in effect at the time 
of entry for all imports of subject merchandise. The effective date of 
the continuation of the Order will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to 
initiate the next sunset review of the Order not later than 30 days 
prior to the fifth anniversary of the effective date of continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: November 27, 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. 2018-26170 Filed 11-29-18; 8:45 am]
BILLING CODE 3510-DS-P



                                              61602                       Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices

                                              FOR FURTHER INFORMATION CONTACT:       Ana              VI. Public Comment                                     interested party 3 but no substantive
                                              Victoria Fortes (DFO) at afortes@                       VII. Adjournment                                       responses from respondent interested
                                              usccr.gov or (213) 894–3437.                              Dated: November 26, 2018.                            parties. As a result of its review,
                                              SUPPLEMENTARY INFORMATION:                              David Mussatt,
                                                                                                                                                             Commerce determined pursuant to
                                                 Public Call Information: Dial: 877–                                                                         sections 751(c)(1) and 752(c) of the Act,
                                                                                                      Supervisory Chief, Regional Programs Unit.
                                              260–1479; Conference ID: 2208701.                                                                              that revocation of the Order would
                                                                                                      [FR Doc. 2018–26022 Filed 11–29–18; 8:45 am]           likely lead to a continuation or
                                                 This meeting is available to the public
                                              through the following toll-free call-in                 BILLING CODE P                                         recurrence of dumping. Commerce also
                                              number: 877–260–1479, conference ID                                                                            notified the ITC of the magnitude of the
                                              number: 2208701. Any interested                                                                                dumping margins likely to prevail
                                              member of the public may call this                      DEPARTMENT OF COMMERCE                                 should the Order be revoked.4 On
                                              number and listen to the meeting.                                                                              November 20, 2018, the ITC published
                                              Callers can expect to incur charges for                 International Trade Administration                     its determination, pursuant to section
                                              calls they initiate over wireless lines,                                                                       751(c) of the Act, that revocation of the
                                              and the Commission will not refund any                  [A–570–985]                                            AD duty order on xanthan gum from
                                              incurred charges. Callers will incur no                                                                        China would be likely to lead to
                                                                                                      Xanthan Gum From the People’s                          continuation or recurrence of material
                                              charge for calls they initiate over land-
                                                                                                      Republic of China: Continuation of                     injury to an industry in the United
                                              line connections to the toll-free
                                                                                                      Antidumping Duty Order                                 States within a reasonably foreseeable
                                              telephone number. Persons with hearing
                                              impairments may also follow the                         AGENCY:  Enforcement and Compliance,                   time.5
                                              proceedings by first calling the Federal                International Trade Administration,                    Scope of the Order
                                              Relay Service at 1–800–877–8339 and                     Department of Commerce.
                                              providing the Service with the                                                                                    The merchandise covered by the
                                                                                                      SUMMARY: As a result of the                            scope of the Order includes dry xanthan
                                              conference call number and conference                   determinations by the Department of
                                              ID number.                                                                                                     gum, whether or not coated or blended
                                                                                                      Commerce (Commerce) and the                            with other products. Xanthan gum is
                                                 Members of the public are entitled to                International Trade Commission (ITC)
                                              make comments during the open period                                                                           included in this order regardless of
                                                                                                      that revocation of the antidumping duty                physical form, including, but not
                                              at the end of the meeting. Members of                   (AD) order on xanthan gum from the
                                              the public may also submit written                                                                             limited to, solutions, slurries, dry
                                                                                                      People’s Republic of China (China)                     powders of any particle size, or
                                              comments; the comments must be                          would likely lead to a continuation or
                                              received in the Regional Programs Unit                                                                         unground fiber.
                                                                                                      recurrence of dumping and material                        Merchandise covered by the scope of
                                              within 30 days following the meeting.                   injury to an industry in the United                    the Order is classified in the
                                              Written comments may be mailed to the                   States, Commerce is publishing a notice                Harmonized Tariff Schedule of the
                                              Western Regional Office, U.S.                           of continuation of the AD duty order.                  United States at subheading
                                              Commission on Civil Rights, 300 North
                                                                                                      DATES: Applicable November 30, 2018.                   3913.90.20.15. This tariff classification
                                              Los Angeles Street, Suite 2010, Los
                                                                                                      FOR FURTHER INFORMATION CONTACT:                       is provided for convenience and
                                              Angeles, CA 90012. They may be faxed
                                                                                                      Magd Zalok or Howard Smith, AD/CVD                     customs purposes; however, the written
                                              to the Commission at (213) 894–0508, or
                                                                                                      Operations, Office IV, Enforcement and                 description of the scope is dispositive.6
                                              emailed Ana Victoria Fortes at afortes@
                                              usccr.gov. Persons who desire                           Compliance, International Trade                        Continuation of the Order
                                              additional information may contact the                  Administration, U.S. Department of
                                                                                                                                                               As a result of the determinations by
                                              Regional Programs Unit at (213) 894–                    Commerce, 1401 Constitution Avenue
                                                                                                                                                             Commerce and the ITC that revocation
                                              3437.                                                   NW, Washington, DC 20230; telephone:
                                                                                                                                                             of the Order would likely lead to a
                                                 Records and documents discussed                      (202) 482–4162 or (202) 482–5193,
                                                                                                                                                             continuation or recurrence of dumping
                                              during the meeting will be available for                respectively.
                                                                                                                                                             and material injury to an industry in the
                                              public viewing prior to and after the                   SUPPLEMENTARY INFORMATION:                             United States, pursuant to section
                                              meetings at https://facadatabase.gov/                                                                          751(d)(2) of the Act and 19 CFR
                                              committee/meetings.aspx?cid=283.                        Background
                                                                                                                                                             351.218(a), Commerce hereby orders the
                                                 Please click on the ‘‘Meeting Details’’                On July 19, 2013, Commerce                           continuation of the AD order on
                                              and ‘‘Documents’’ links. Records                        published in the Federal Register the
                                              generated from these meetings may also                  AD order on xanthan gum from China.1                     3 See Letter from ADM to Commerce re, ‘‘Five-
                                              be inspected and reproduced at the                      On June 1, 2018, Commerce published                    Year (‘‘Sunset’’) Review Of Antidumping Duty
                                              Regional Programs Unit, as they become                  the notice of initiation of this sunset                Order On Xanthan Gum From The People’s
                                              available, both before and after the                                                                           Republic Of China/Domestic Industry Notice Of
                                                                                                      review of the Order, pursuant to section               Intent To Participate In Sunset Review,’’ dated June
                                              meetings. Persons interested in the work                751(c) of the Tariff Act of 1930, as                   15, 2018, and Letter from CP Kelco to Commerce
                                              of this Committee are directed to the                   amended (the Act).2 Commerce                           re, ‘‘Xanthan Gum from the People’s Republic of
                                              Commission’s website, https://                          conducted this sunset review on an                     China: CP Kelco U.S., Inc.’s Notice Of Intent To
                                              www.usccr.gov, or may contact the                                                                              Participate,’’ dated June 18, 2018.
                                                                                                      expedited basis, pursuant to section                     4 See Xanthan Gum from the People’s Republic of
                                              Regional Programs Unit at the above                     751(c)(3)(B) of the Act and 19 CFR                     China: Final Results of the Expedited First Sunset
                                              email or street address.                                351.218(e)(1)(ii)(C)(2) because it                     Review of the Antidumping Duty Order, 83 FR
                                                                                                      received a complete timely, and                        48589 (September 26, 2018) (Final Results).
                                              AGENDA
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                                                                                                                                                               5 See xanthan gum from China: First Review, Inv.
                                                                                                      adequate response from a domestic
                                              I. Welcome and Roll Call                                                                                       No. 731–TA–1203, 83 FR 58592 (November 20,
                                              II. USCCR Project Stages                                                                                       2018).
                                                                                                        1 See Xanthan Gum from the People’s Republic of        6 For complete description of the scope of the
                                              III. Discuss Project Topics                             China: Amended Final Determination of Sales at         Order, see ‘‘Issues and Decision Memorandum for
                                              IV. Vote on Project Topic                               Less Than Fair Value and Antidumping Duty Order,       the Expedited First Sunset Review of the
                                              V. Next Steps                                           78 FR 43143 (July 19, 2013) (Order).                   Antidumping Duty Order on Xanthan Gum from the
                                                 a. Schedule next meeting                               2 See Initiation of Five-Year (Sunset) Reviews, 83   People’s Republic of China,’’ dated September 19,
                                                 b. Project proposal (tentative)                      FR 25436 (June 1, 2018).                               2018.



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                                                                          Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices                                            61603

                                              xanthan gum from China. U.S. Customs                    would allow participating groundfish                     In 2017, NMFS permitted 32 vessels
                                              and Border Protection will continue to                  bottom and midwater trawl vessels more                to fish under the 2017 Trawl Gear EFP.
                                              collect AD cash deposits at the rates in                flexibility than allowed in current                   The EFP exempted limited entry bottom
                                              effect at the time of entry for all imports             regulations to target pelagic rockfish                and midwater trawl vessels from the
                                              of subject merchandise. The effective                   species, such as widow, chilipepper,                  minimum mesh size requirement, and
                                              date of the continuation of the Order                   and yellowtail rockfish. Regulations                  exempted limited entry bottom trawl
                                              will be the date of publication in the                  under the Magnuson-Stevens Fishery                    vessels from the requirement to use
                                              Federal Register of this notice of                      Conservation and Management Act                       selective flatfish trawl gear shoreward of
                                              continuation. Pursuant to section                       require publication of this notification              the Trawl Rockfish Conservation Area
                                              751(c)(2) of the Act and 19 CFR                         to provide interested parties the                     (RCA) north of 42° North latitude (N
                                              351.218(c)(2), Commerce intends to                      opportunity to comment on applications                lat). The purpose of this EFP was to
                                              initiate the next sunset review of the                  for proposed exempted fishing permits.                collect information on potential impacts
                                              Order not later than 30 days prior to the               DATES: Comments must be received no                   to prohibited and protected species from
                                              fifth anniversary of the effective date of              later than 5 p.m., local time on                      modifying or eliminating certain gear
                                              continuation.                                           December 17, 2018.                                    and area regulations by allowing
                                                 This five-year sunset review and this                                                                      participants to configure their gear to re-
                                                                                                      ADDRESSES: You may submit comments
                                              notice are in accordance with section                                                                         establish a targeted rockfish fishery for
                                              751(c) and 751(d)(2) of the Act and                     on this document, identified by NOAA–
                                                                                                                                                            widow, yellowtail, and chilipepper
                                              published pursuant to section 777(i)(1)                 NMFS–2018–0112, by any of the
                                                                                                                                                            rockfish. From March 2017 to December
                                              of the Act and 19 CFR 351.218(f)(4).                    following methods:
                                                                                                                                                            2017, a total of 11 limited entry
                                                                                                         • Electronic Submissions: Submit all               groundfish bottom trawl vessels went on
                                                Dated: November 27, 2018.                             electronic public comments via the
                                              Gary Taverman,                                                                                                63 EFP trips and landed 1,355 metric
                                                                                                      Federal e-Rulemaking Portal. Go to                    tons (mt) of groundfish, totaling
                                              Deputy Assistant Secretary for Antidumping              www.regulations.gov/
                                              and Countervailing Duty Operations,                                                                           $1,613,178 in revenue. Prohibited
                                                                                                      #!docketDetail;D=NOAA-NMFS-2018-                      species bycatch included five Chinook
                                              performing the non-exclusive functions and
                                                                                                      0112, click the ‘‘Comment Now!’’ icon,                salmon and no sturgeon.
                                              duties of the Assistant Secretary for
                                              Enforcement and Compliance.                             complete the required fields, and enter                  To continue collecting information on
                                                                                                      or attach your comments. The EFP                      the impacts of modifying or eliminating
                                              [FR Doc. 2018–26170 Filed 11–29–18; 8:45 am]
                                                                                                      application will be available under                   gear and area regulations, the Pacific
                                              BILLING CODE 3510–DS–P
                                                                                                      ‘‘Supporting Documents’’ through the                  Fishery Management Council (Council)
                                                                                                      same link.                                            recommended and NMFS issued, a 2018
                                              DEPARTMENT OF COMMERCE                                     • Mail: Submit written comments to                 Trawl Gear EFP that expanded on the
                                                                                                      Lynn Massey, West Coast Region,                       2017 Trawl Gear EFP. As with the 2017
                                              National Oceanic and Atmospheric                        NMFS, 501 W Ocean Blvd., Ste. 4200,                   EFP, the 2018 EFP was intended to
                                              Administration                                          Long Beach, CA 90802–4250.                            collect data on if and how the removal
                                                                                                         Instructions: Comments sent by any                 of certain gear, time, and area
                                              RIN 0648–XG513
                                                                                                      other method, to any other address or                 restrictions for the Shorebased
                                              Magnuson-Stevens Act Provisions;                        individual, or received after the end of              Individual Fishing Quota (IFQ) Program
                                              General Provisions for Domestic                         the comment period, may not be                        may impact the nature and extent of
                                              Fisheries; Pacific Coast Groundfish                     considered by NMFS. All comments                      prohibited species bycatch. In addition
                                              Fishery; Application for an Exempted                    received are a part of the public record              to the exemptions provided by the 2017
                                              Fishing Permit                                          and would generally be posted for                     Trawl Gear EFP (i.e., required minimum
                                                                                                      public viewing on www.regulations.gov                 mesh size and requirement to use a
                                              AGENCY:  National Marine Fisheries                      without change. All personal identifying              selective flatfish trawl shoreward of the
                                              Service (NMFS), National Oceanic and                    information (e.g., name, address, etc.),              Trawl RCA and north of 42° N lat.), the
                                              Atmospheric Administration (NOAA),                      confidential business information, or                 2018 Trawl Gear EFP provided
                                              Commerce.                                               otherwise sensitive information                       participating vessels exemptions from
                                              ACTION: Notice; request for comments.                   submitted voluntarily by the sender                   the following limited entry prohibitions:
                                                                                                      would be publicly accessible. NMFS                       • Fishing with midwater groundfish
                                              SUMMARY:  NMFS announces the receipt
                                                                                                      would accept anonymous comments                       trawl gear north of 40°10′ N lat. in all
                                              of an exempted fishing permit
                                                                                                      (enter ‘‘N/A’’ in the required fields if              areas (i.e., seaward, within, and
                                              application titled, ‘‘Year-round
                                                                                                      you wish to remain anonymous).                        shoreward of the RCA) prior to May
                                              Coastwide Midwater Rockfish EFP:
                                                                                                      Attachments to electronic comments                    15th each year;
                                              Monitoring and Minimizing Salmon
                                                                                                      would be accepted in Microsoft Word,                     • Fishing with midwater groundfish
                                              Bycatch When Targeting Rockfish in the
                                                                                                      Excel, or Adobe PDF file formats only.                trawl gear south of 40°10′ N lat. within
                                              Shorebased IFQ Fishery.’’ The
                                              application, submitted by the West                      FOR FURTHER INFORMATION CONTACT:                      the boundaries of the Trawl RCA;
                                              Coast Seafood Processors Association,                   Lynn Massey, West Coast Region,                          • Bringing a new haul onboard before
                                              Environmental Defense Fund, Oregon                      NMFS, at (562) 436–2462, lynn.massey@                 a previous haul is stowed; and
                                              Trawl Commission, and Midwater                          noaa.gov.                                                • Carrying and fishing more than one
                                              Trawlers Cooperative, requests a permit                 SUPPLEMENTARY INFORMATION: This                       type of groundfish trawl gear (midwater
                                              to test whether removing certain gear,                  action is authorized by the Pacific Coast             and bottom trawl gear) on the same trip.
amozie on DSK3GDR082PROD with NOTICES1




                                              time, and area restrictions for vessels                 Groundfish Fishery Management Plan                    The 2018 Trawl Gear EFP began on
                                              fishing under the Trawl Rationalization                 (FMP) and implementing regulations at                 January 1, 2018. As of October 23, 2018,
                                              Program’s Shorebased Individual                         50 CFR 600.745, which allow NMFS                      a total of 15 vessels (7 midwater-only
                                              Fishing Quota Program may impact the                    Regional Administrators to authorize                  trawlers, 4 bottom-only trawlers, and 4
                                              nature and extent of bycatch of                         exempted fishing permits (EFPs) to test               that used both gears) have completed
                                              prohibited species (e.g., Chinook                       fishing activities that would otherwise               289 EFP trips and landed approximately
                                              salmon). This exempted fishing permit                   be prohibited.                                        9,000 mt of groundfish, totaling


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Document Created: 2018-11-30 04:36:22
Document Modified: 2018-11-30 04:36:22
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
DatesApplicable November 30, 2018.
ContactMagd Zalok or Howard Smith, 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) 482-4162 or (202) 482-5193, respectively.
FR Citation83 FR 61602 

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