[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Notices]
[Pages 11083-11085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04340]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: February 27, 2014.
SUMMARY: The Department of Commerce (``Department'') determined that
the request described below for a new shipper review of the antidumping
duty order on xanthan gum from the People's Republic of China (``PRC'')
meets the statutory and regulatory requirements for initiation. The
period of review (``POR'') for the new shipper review is July 19, 2013,
through December 31, 2013.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander, AD/CVD Operations,
Office IV, Enforcement and
[[Page 11084]]
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-0182.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on xanthan gum
from the PRC on July 19, 2013.\1\ On January 10, 2014, pursuant to
section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the
``Act''), and 19 CFR 351.214(c), the Department received a timely
request for a new shipper review from Meihua Group International
Trading (Hong Kong) Limited (``Meihua Hong Kong''), Langfang Meihua
Bio-Technology Co., Ltd. (``Meihua Bio-Technology'') and Xinjiang
Meihua Amino Acid Co., Ltd. (``Meihua Amino Acid'') (collectively
``Meihua'').\2\ On January 23, 2014, the Department received entry data
from U.S Customs and Border Protection (``CBP'') relating to this
request for a new shipper review.\3\ In addition, the Department
requested that CBP provide entry documents pertaining to the entry that
is subject to this new shipper review in order to confirm certain
information reported in the Initiation Request.\4\ The continuation of
the new shipper review will be contingent upon confirmation of the
information reported in the Initiation Request.
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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 Letter to the Secretary of Commerce ``Re: Xanthan Gum
from the People's Republic of China Entry of Appearance and Request
for New Shipper Review,'' dated January 10, 2014 (``Initiation
Request'').
\3\ See Memorandum to the File from Howard Smith, Program
Manager, AD/CVD Operations, Office IV regarding ``U.S. Customs and
Border Protection Data; Customs Query Results for Meihua Group
International Trading (Hong Kong) Limited, Langfang Meihua Bio-
Technology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd.,''
dated concurrently with this notice.
\4\ See Memorandum to Michael Walsh, Director, AD/CVD/Revenue
Policy & Programs, Office of International Trade, U.S. Customs and
Border Protection, from Abdelali Elouaradia, Director Office IV, AD/
CVD Operations, Enforcement and Compliance, ``Request for U.S. Entry
Documents--Xanthan Gum from the People's Republic of China (A-570-
985),'' dated January 31, 2014.
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Meihua reported that the sale of subject merchandise upon which the
request for the new shipper review is based, was made through Meihua
Hong Kong and the subject merchandise was produced by Meihua Amino
Acid.\5\ Meihua did not state that Meihua Bio-Technology either sold or
produced the subject merchandise on which the request for a new shipper
review is based.\6\ However, Meihua requests that the Department review
the affiliation of the three companies named above, find them to be a
single entity, and initiate a new shipper review of the collapsed
entity. Because it is not the Department's practice to consider
collapsing producers or treating two or more parties as a single entity
at the initiation stage of a new shipper review, we have not treated
the three companies as a single entity for purposes of this initiation.
Affiliation and collapsing issues can be raised and considered during
the course of the new shipper review.
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\5\ See Initiation Request at 2.
\6\ Id.
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Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Meihua Hong Kong and Meihua Amino Acid certified that
they did not export xanthan gum to the United States during the period
of investigation (``POI'').\7\ In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Meihua
Hong Kong and Meihua Amino Acid certified that, since the initiation of
the investigation, they have never been affiliated with an exporter or
producer that exported xanthan gum to the United States during the POI,
including those not individually examined during the investigation.\8\
As required by 19 CFR 351.214(b)(2)(iii)(B), Meihua Hong Kong and
Meihua Amino Acid also certified that their export activities were not
controlled by the government of the PRC.\9\
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\7\ Id. at 3.
\8\ Id. at 3.
\9\ Id. at 3.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Meihua Hong Kong submitted documentation
establishing the following: (1) The date on which it first shipped
xanthan gum for export to the United States and the date on which the
xanthan gum was first entered, or withdrawn from warehouse, for
consumption; (2) the volume of its first shipment; and (3) the date of
its first sale to an unaffiliated customer in the United States.\10\
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\10\ Id. at Exhibit 2.
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The Department conducted a CBP database query and confirmed by
examining the results of the CBP data query that Meihua Amino Acid's
subject merchandise entered the United States during the POR specified
by the Department's regulations.\11\
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\11\ See 19 CFR 351.214(g)(1)(i)(A).
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Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and
based on the information on the record, the Department finds that
Meihua Hong Kong meets the threshold requirements for initiation of a
new shipper review of its shipment of xanthan gum from the PRC.\12\
However, if the information supplied by Meihua Hong Kong is later found
to be incorrect or insufficient during the course of this proceeding,
the Department may rescind the review or apply facts available pursuant
to section 776 of the Act, depending upon the facts on the record. The
POR for the new shipper review of Meihua Hong Kong is July 19, 2013,
through December 31, 2013.\13\ Pursuant to 19 CFR 351.221(c)(1)(i), the
Department will publish the notice of initiation of a new shipper
review no later than the last day of the month following the
anniversary month or semiannual anniversary month of the order. The
Department intends to issue the preliminary results of this review no
later than 180 days from the date of initiation, and the final results
of this review no later than 90 days after the date the preliminary
results are issued.\14\
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\12\ See, generally, Memorandum to the File through Abdelali
Elouaradia, Director, AD/CVD Operations, Office IV ``Initiation of
Antidumping New Shipper Review of Xanthan Gum from the People's
Republic of China: Meihua Group International Trading (Hong Kong)
Limited Initiation Checklist,'' dated concurrently with this notice.
\13\ See 19 CFR 351.214(g)(1)(ii)(B).
\14\ See section 751(a)(2)(B)(iv) of the Act; 19 CFR 351.214(i).
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It is the Department's usual practice, in cases involving non-
market economies (``NME''), to require that a company seeking to
establish eligibility for an antidumping duty rate separate from the
NME-wide entity to provide evidence of the absence of de jure and de
facto government control over the company's export activities.
Accordingly, the Department will issue a questionnaire to Meihua Hong
Kong which will include a section requesting information with regard to
its export activities for the purpose of establishing Meihua Hong
Kong's eligibility for a separate rate. The review of Meihua Hong Kong
will proceed if the response provides sufficient indication that Meihua
Hong Kong is not subject to either de jure or de facto government
control with respect to its exports of subject merchandise.
The Department will instruct CBP to allow, at the option of the
importer, the posting, until the completion of the review, of a bond or
security in lieu of a cash deposit for entries of subject
[[Page 11085]]
merchandise from Meihua Hong Kong in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Meihua Hong
Kong certified that it exported the subject merchandise that was
produced by Meihua Amino Acid and that such merchandise is the subject
of this new shipper review, the Department will apply the bonding
privilege only for subject merchandise produced by Meihua Amino Acid
and exported by Meihua Hong Kong.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: February 21, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-04340 Filed 2-26-14; 8:45 am]
BILLING CODE 3510-DS-P