[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Notices]
[Pages 43143-43145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17380]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on
xanthan gum from the People's Republic of China (``PRC''). In addition,
the Department is amending its final determination to correct a
ministerial error.
DATES: Effective Date: July 19, 2013.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Erin Kearney, 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-
0182 or (202) 482-0167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2013, the Department published the final determination
of sales at less than fair value in the antidumping duty investigation
of xanthan gum from the PRC.\1\ On July 12, 2013, the ITC notified the
Department of its final determination pursuant to section
735(b)(1)(A)(ii) of the Tariff Act of 1930, as amended (``the Act''),
that an industry in the United States is threatened with material
injury by reason of imports of xanthan gum from the PRC.\2\
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\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'').
\2\ See Xanthan Gum from Austria and China, USITC Publication
4411, Investigation Nos. 731-TA-1202-1203 (Final) (July 2013).
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Scope of the Order
The scope of this order covers dry xanthan gum, whether or not
coated or blended with other products. Further, xanthan gum is included
in this order regardless of physical form, including, but not limited
to, solutions, slurries, dry powders of any particle size, or unground
fiber.
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 order is classified in the
Harmonized Tariff Schedule (``HTS'') of the United States at subheading
3913.90.20. This tariff classification is provided for convenience and
customs purposes; however, the written description of the scope is
dispositive.
Amendment to the Final Determination
On June 4, 2013, the Department published its affirmative final
determination in this proceeding.\3\ In accordance with 19 CFR
351.224(b), the Department disclosed to interested parties the details
of its calculations for the final determination on May 30, 2013. On
June 4, 2013, CP Kelco U.S. (``Petitioner''), petitioner in this
investigation, and Neimenggu Fufeng Biotechnologies Co., Ltd. (aka
Inner
[[Page 43144]]
Mongolia Fufeng Biotechnologies Co., Ltd.) (``Fufeng'') and Deosen
Biochemical (``Deosen''), respondents in this investigation, timely
submitted ministerial error allegations and requested, pursuant to 19
CFR 351.224, that the Department correct the alleged ministerial
errors. On June 10, 2013, Petitioner submitted rebuttal comments to
Deosen's ministerial error allegations, and Fufeng submitted rebuttal
comments to Petitioner's ministerial error allegations. On June 11,
2013, the Department rejected Fufeng's rebuttal comments and allowed
Fufeng to re-submit its rebuttal comments, which Fufeng did on June 12,
2013.
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\3\ See Final Determination.
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After analyzing all interested party comments and rebuttals, we
have determined that, in accordance with section 735(e) of the Act and
19 CFR 351.224(e), a ministerial error was made with respect to the
treatment of the coal ash by-product in Fufeng's margin calculation.\4\
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\4\ For a detailed discussion of the alleged ministerial errors,
as well as the Department's analysis, see Memorandum to Paul
Piquado, Assistant Secretary for Import Administration, from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, regarding, ``Final Determination of
Antidumping Duty Investigation of Xanthan Gum from the People's
Republic of China: Allegation of Ministerial Errors,'' dated June
28, 2013.
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In the Final Determination, we determined that a number of
companies, in addition to the mandatory respondents, qualified for a
separate rate.\5\ Since the weighted-average dumping margin for the
separate rate respondents is based on the average of the weighted-
average dumping margins for the mandatory respondents, and the
weighted-average dumping margin for Fufeng changed as a result of the
aforementioned ministerial error, we have revised the calculation of
the dumping margin for the separate rate respondents in the amended
final determination. The amended dumping margins are provided, below.
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\5\ See Final Determination, 78 FR at 33353.
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Antidumping Duty Order
In accordance with section 735(d) of the Act, the ITC has notified
the Department of its final determination in this investigation, in
which it found that an industry in the United States is threatened with
material injury within the meaning of section 735(b)(1)(A)(ii) of the
Act. Therefore, in accordance with section 735(c)(2) of the Act, we are
publishing this antidumping duty order. In accordance with section
736(a)(1) of the Act, the Department will direct U.S. Customs and
Border Protection (``CBP'') to assess, upon further instruction by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of xanthan
gum from the PRC.
Pursuant to section 736(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination if that determination is based on the threat of
material injury, other than threat of material injury described in
section 736(b)(1) of the Act.\6\ In addition, section 736(b)(2) of the
Act requires CBP to release any bond or other security, and refund any
cash deposit made of estimated antidumping duties posted since the
Department's preliminary antidumping duty determination.\7\
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\6\ Section 736(b)(1) of the Act states that ``{i{time} f the
{ITC{time} , in its final determination under section 735(b), finds
material injury or threat of material injury which, but for the
suspension of liquidation under section 733(d)(2) would have led to
a finding of material injury, then entries of the subject
merchandise, the liquidation of which has been suspended under
section 733(d)(2), shall be subject to the imposition of antidumping
duties under section 731.''
\7\ See Xanthan Gum from the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 77 FR 2252 (January 10, 2013)
(``Preliminary Determination'').
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Suspension of Liquidation
Because the ITC's final determination is based on the threat of
material injury and is not accompanied by a finding that injury would
have resulted but for the imposition of suspension of liquidation of
entries since the Department's preliminary determination, section
736(b)(2) of the Act is applicable. Therefore, the Department will
instruct CBP to terminate the suspension of liquidation for entries of
xanthan gum from the PRC entered, or withdrawn from warehouse, for
consumption prior to the publication of the ITC's final determination
and refund any cash deposits of estimated antidumping duties made
between the publication of the Department's preliminary determination
on January 10, 2013, and the publication of the ITC's final
determination. Furthermore, we will instruct CBP to continue to suspend
liquidation on all unliquidated entries of xanthan gum from the PRC
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the ITC's notice of final determination of
threat of material injury in the Federal Register.
Effective on the date of publication of the ITC's notice of final
determination in the Federal Register, CBP will require, pursuant to
section 736(a)(3) of the Act, at the same time as importers would
normally deposit estimated duties on this subject merchandise, a cash
deposit equal to the weighted-average dumping margins listed below.\8\
The rate for the PRC-wide entity applies to all exporter and producer
combinations not specifically listed.
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\8\ See section 736(a)(3) of the Act.
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Amended Final Determination of Antidumping Investigation
The weighted-average dumping margins are as follows:
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Weighted-average
Exporter Producer dumping margin
(percent)
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Neimenggu Fufeng Biotechnologies Neimenggu Fufeng 12.90
Co., Ltd (aka Inner Mongolia Biotechnologies
Fufeng Biotechnologies Co., Co., Ltd. (aka
Ltd.)/Shandong Fufeng Inner Mongolia
Fermentation Co., Ltd. Fufeng
Biotechnologies
Co., Ltd.)/
Shandong Fufeng
Fermentation Co.,
Ltd.
Deosen Biochemical Ltd.......... Deosen Biochemical 128.32
Ltd./Deosen
Biochemical
(Ordos) Ltd.
A.H.A. International Co., Ltd... Shandong Fufeng 70.61
Fermentation Co.,
Ltd.
A.H.A. International Co., Ltd... Deosen Biochemical 70.61
Ltd.
CP Kelco (Shandong) Biological CP Kelco 70.61
Company Limited. (Shandong)
Biological
Company Limited.
Hebei Xinhe Biochemical Co. Ltd. Hebei Xinhe 70.61
Biochemical Co.
Ltd.
Shanghai Smart Chemicals Co. Ltd Deosen Biochemical 70.61
Ltd.
PRC-Wide Entity *............... .................. 154.07
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* The PRC-wide entity includes Shandong Yi Lian Cosmetics Co., Ltd.,
Shanghai Echem Fine Chemicals Co., Ltd., Sinotrans Xiamen Logistics
Co., Ltd., and Zibo Cargill HuangHelong Bioengineering Co., Ltd
[[Page 43145]]
This notice constitutes the antidumping duty order with respect to
xanthan gum from the PRC pursuant to section 736(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 7043 of the main Commerce building, for copies of an updated list
of antidumping duty orders currently in effect.
This order and amended final determination are published in
accordance with sections 735(e), 736(a) and 777(i) of the Act, and 19
CFR 351.211 and 351.224(e).
Dated: July 15, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-17380 Filed 7-18-13; 8:45 am]
BILLING CODE 3510-DS-P