[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33354-33356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13218]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-811]
Xanthan Gum From Austria: Final Determination of Sales at Less
Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 4, 2013.
SUMMARY: On January 10, 2013, the Department of Commerce
(``Department'') published its preliminary determination of sales at
less than fair value (``LTFV'') and postponement of final determination
in the antidumping (``AD'') investigation of xanthan gum from
Austria.\1\ On March 4, 2013, the Department released its post-
preliminary differential pricing analysis.\2\ The Department invited
interested parties to comment on the Preliminary Determination and
Post-Preliminary Analysis and Calculation Memorandum. Based on an
analysis of the comments received, the Department has made changes from
the Preliminary Determination. The Department has determined that
xanthan gum from Austria is being, or is likely to be, sold in the
United States at LTFV, as provided in section 735 of the Tariff Act of
1930, as amended (the ``Act''). The final weighted-average dumping
margins for this investigation are listed in the ``Final
Determination'' section below.
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\1\ See Xanthan Gum from Austria: Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final
Determination, 78 FR 2251 (January 10, 2013) (``Preliminary
Determination'').
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary Antidumping and Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import Administration, concerning,
Less Than Fair Value Investigation of Xanthan Gum from Austria:
Post-Preliminary Analysis and Calculation Memorandum, dated March 4,
2013 (``Post-Preliminary Analysis and Calculation Memorandum'').
FOR FURTHER INFORMATION CONTACT: Drew Jackson or Karine Gziryan, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
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4406 or (202) 482-4081, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published its Preliminary Determination on January
10, 2013.\3\ On March 4, 2013, the Department issued its Post-
Preliminary Analysis and Calculation Memorandum to determine whether an
alternative comparison methodology should be used. Based on this
analysis, the Department determined that application of an alternative
calculation methodology was not appropriate for Jungbunzlauer Austria
AG (``JBL Austria'') and, accordingly, continued to apply the average-
to-average method.\4\
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\3\ The Department postponed the deadline for the final
determination to not later than 135 days after publication of the
Preliminary Determination (i.e., January 10, 2013). See Preliminary
Determination, 78 FR at 2254. However, because May 25, 2013, falls
on a non-business day, the revised deadline for this final
determination is now May 28, 2013. See Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005).
\4\ See id.
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On March 12, 2013, JBL Austria and Petitioner \5\ submitted case
briefs. On March 18, 2013, JBL Austria and Petitioner submitted
rebuttal briefs. Subsequently, the Department rejected JBL Austria's
March 18, 2013 rebuttal brief because it contained new factual
information.\6\ On April 9, 2013, JBL
[[Page 33355]]
Austria resubmitted a redacted version of its rebuttal brief.
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\5\ Petitioner in this investigation is CP Kelco U.S.
\6\ See Letter from Abdelali Elouaradia, Director, AD/CVD
Operations Office 4, to JBL Austria, concerning, Antidumping
Investigation of Xanthan Gum from Austria: New Factual Information
in Jungbunzlauer Austria Rebuttal Brief, dated April 15, 2013.
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On April 10, 2013, the Department held a hearing, which was
requested by Petitioner and JBL Austria.
Period of Investigation
The period of investigation is April 1, 2011, through March 31,
2012. This period corresponds to the four most recent fiscal quarters
prior to the month of the filing of the petition, which was June 2012.
Verification
As provided in section 782(i) of the Act, between January 14, 2013,
and February 7, 2013, the Department verified the information submitted
by JBL Austria for use in the final determination.\7\ Verification
reports were issued between February 21, 2013, and March 4, 2013. The
Department used standard verification procedures, including examination
of relevant accounting and production records and original source
documents provided by these respondents.
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\7\ See Memorandum to the File through Neal Halper, Director,
Office of Accounting, concerning, Verification of the Cost Response
of Jungbunzlauer Austria in the Antidumping Duty Investigation of
Xanthan Gum from Austria, dated February 20, 2013. See also
Memorandum to the File through Robert Bolling, Program Manager, AD/
CVD Operations, Office 4, concerning, Verification of the
Questionnaire Responses of Jungbunzlauer Austria AG, dated February
19, 2013. See also Memorandum to the File through Robert Bolling,
Program Manager, AD/CVD Operations, Office 4, concerning,
Verification of the Questionnaire Responses of Jungbunzlauer
Ladenburg GmbH, dated February 19, 2013. See also Memorandum to the
File through Robert Bolling, Program Manager, AD/CVD Operations,
Office 4, concerning, Verification of the Sales Response of
Jungbunzlauer Inc. in the Antidumping Investigation of Xanthan Gum
from Austria, dated March 4, 2013 (``CEP Sales Verification
Report'').
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision
Memorandum.\8\ A list of the issues which the parties raised and to
which the Department responded in the Issues and Decision Memorandum is
attached to this notice as an Appendix. The Issues and Decision
Memorandum is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
available to registered users at http://iaaccess.trade.gov, and is
available to all parties in the Central Records Unit, which is in room
7046 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the Internet at www.trade.gov/ia. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
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\8\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration, ``Issues and Decision Memorandum for the Final
Determination in the Antidumping Duty Investigation of Xanthan Gum
from Austria'' (May 28, 2013) (``Issues and Decision Memorandum'').
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Changes Since the Preliminary Determination
We applied partial adverse facts available with respect to
the material codes for which JBL Austria did not report its grade
characteristic in accordance with the Department's reporting
requirements.\9\
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\9\ See Issues and Decision Memorandum at Comment 1.
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We applied partial adverse facts available to the reported
inland freight expense from warehouse to the customer in the United
States according to the Department's findings at the sales
verification.\10\
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\10\ See Memorandum to the File, concerning ``Final
Determination Margin Calculation for Jungbunzlauer Austria AG''
dated May 28, 2013; see also CEP Sales Verification Report at 2. See
Issues and Decision Memorandum at Comment 2.
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We adjusted the reported freight expense incurred on
transporting xanthan gum to and from the further manufacturing
locations according to the Department's findings at the sales
verification.\11\
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\11\ See Issues and Decision Memorandum at Comment 3.
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We applied a differential pricing analysis to determine
the appropriate comparison method, rather than the targeted dumping
test. See Issues and Decision Memorandum.
Scope of the Investigation
The scope of this investigation covers dry xanthan gum, whether or
not coated or blended with other products. Further, xanthan gum is
included in this investigation regardless of physical form, including,
but not limited to, solutions, slurries, dry powders of any particle
size, or unground fiber.
Xanthan gum that has been blended with other product(s) is included
in this scope when the resulting mix contains 15 percent or more of
xanthan gum by dry weight. Other products with which xanthan gum may be
blended include, but are not limited to, sugars, minerals, and salts.
Xanthan gum is a polysaccharide produced by aerobic fermentation of
Xanthomonas campestris. The chemical structure of the repeating
pentasaccharide monomer unit consists of a backbone of two P-1,4-D-
Glucose monosaccharide units, the second with a trisaccharide side
chain consisting of P-D-Mannose-(1,4)-P-DGlucuronic acid-(1,2)-a-D-
Mannose monosaccharide units. The terminal mannose may be pyruvylated
and the internal mannose unit may be acetylated.
Merchandise covered by the scope of this investigation is
classified in the Harmonized Tariff Schedule of the United States at
subheading 3913.90.20. This tariff classification is provided for
convenience and customs purposes; however, the written description of
the scope is dispositive.
Final Determination
The Department determines that the following weighted-average
dumping margins exist for the period April 1, 2011, through March 31,
2012:
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Weighted-
Exporter/manufacturer average dumping
margin (percent)
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Jungbunzlauer Austria AG.............................. 29.98
All Others............................................ 29.98
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The ``All Others'' rate is based on the weighted-average dumping
margin calculated for JBL Austria, the only company for which the
Department calculated a rate.\12\
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\12\ See section 735(c)(5)(A) of the Act.
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Disclosure
In accordance with 19 CFR 351.224(b), the Department will disclose
the calculations performed in this investigation to parties within five
days of the date of publication of this notice in the Federal Register.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all appropriate entries of xanthan gum from
Austria as described in the ``Scope of the Investigation'' section,
which were entered, or withdrawn from warehouse, for consumption on or
after January 10, 2013, the date of publication of the Preliminary
Determination in the Federal Register. CBP shall require a cash deposit
equal to the estimated amount by which the normal value exceeds the
U.S. price as shown above. These instructions suspending
[[Page 33356]]
liquidation will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, the Department has
notified the International Trade Commission (``ITC'') of the final
affirmative determination of sales at LTFV. In accordance with section
735(b)(2) of the Act, the ITC will determine, within 45 days, whether
the domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports, or sales (or the
likelihood of sales) for importation, of the merchandise under
consideration. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all securities posted will be refunded. If the ITC determines that such
injury does exist, the Department will issue an antidumping duty order
directing CBP to assess, upon further instruction by the Department,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305. Timely written notification of
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 sanctionable violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: May 28, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
Issues for the Final Determination
Comment 1: Whether the Department should apply total adverse facts
available (``AFA'') to JBL Austria because it misreported the grade
for the majority of its U.S. and comparison market sales
Comment 2: Whether the Department should apply AFA because JBL
Austria withheld information regarding its possible affiliations
Comment 3: Repacking Costs
[FR Doc. 2013-13218 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-DS-P