Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2022-2023, 22240-22243 [2025-09451]

Download as PDF 22240 Federal Register / Vol. 90, No. 100 / Tuesday, May 27, 2025 / Notices needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Changes or announcements pertaining to these procedures will be posted to the ACCESS website at https://access.trade.gov. Special Instructions for the Petitioner and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 15 Accordingly, as stated above, the petitioner and foreign governments should submit their initial entry of appearance after publication of this notice in order to appear in the first annual inquiry service lists for these orders. Pursuant to 19 CFR 351.225(n)(3), the petitioner and foreign governments will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioners and foreign governments are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. Notification to Interested Parties This notice constitutes the AD orders with respect to epoxy resins from Korea, Taiwan, and Thailand pursuant to section 736(a) of the Act. Interested parties can find a list of AD and countervailing duty orders currently in effect at https://www.trade.gov/datavisualization/adcvd-proceedings. The amended Taiwan final determination and these AD orders are published in accordance with sections 735(e) and 736(a) of the Act and 19 CFR 351.224(e) and 19 CFR 351.211(b). Dated: May 20, 2025. Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. khammond on DSK9W7S144PROD with NOTICES Appendix Scope of the Orders The merchandise subject to these orders is fully or partially uncured epoxy resins, also known as epoxide resins, polyepoxides, oxirane resins, ethoxyline resins, diglycidyl ether of bisphenol, (chloromethyl) oxirane, or aromatic diglycidyl, which are polymers or 15 See Final Rule, 86 FR at 52335. VerDate Sep<11>2014 17:22 May 23, 2025 Jkt 265001 prepolymers containing epoxy groups (i.e., three-membered ring structures comprised of two carbon atoms and one oxygen atom). Epoxy resins range in physical form from low viscosity liquids to solids. All epoxy resins are covered by the scope of these orders irrespective of physical form, viscosity, grade, purity, molecular weight, or molecular structure, and packaging. Epoxy resins may contain modifiers or additives, such as hardeners, curatives, colorants, pigments, diluents, solvents, thickeners, fillers, plasticizers, softeners, flame retardants, toughening agents, catalysts, Bisphenol F, and ultraviolet light inhibitors, so long as the modifier or additive has not chemically reacted so as to cure the epoxy resin or convert it into a different product no longer containing epoxy groups. Such epoxy resins with modifiers or additives are included in the scope where the epoxy resin component comprises no less than 30 percent of the total weight of the product. The scope also includes blends of epoxy resins with different types of epoxy resins, with or without the inclusion of modifiers and additives, so long as the combined epoxy resin component comprises at least 30 percent of the total weight of the blend. Epoxy resins that enter as part of a system or kit with separately packaged co-reactants, such as hardeners or curing agents, are within the scope. The scope does not include any separately packaged co-reactants that would not fall within the scope if entered on their own. The scope includes merchandise matching the above description that has been processed in a third country, including by commingling, diluting, introducing, or removing modifiers or additives, or performing any other processing that would not otherwise remove the merchandise from the scope of the orders if performed in the subject country. The scope also includes epoxy resin that is commingled or blended with epoxy resin from sources not subject to these orders. Only the subject component of such commingled products is covered by the scope of these orders. Excluded from the scope are phenoxy resins, which are polymers with a weight greater than 11,000 Daltons, a Melt Flow Index (MFI) at 200 °C (392 °F) no less than 4 grams and no greater than 70 grams per 10 min, Glass-Transition Temperatures (Tg) no less than 80 °C (176 °F) and no greater than 100 °C (212 °F), and which contain no epoxy groups other than at the terminal ends of the molecule. Excluded from the scope are certain paint and coating products, which are blends, mixtures, or other formulations of epoxy resin, curing agent, and pigment, in any form, packaged in one or more containers, wherein (1) the pigment represents a minimum of 10 percent of the total weight of the product, (2) the epoxy resin represents a maximum of 80 percent of the total weight of the product, and (3) the curing agent represents 5 to 40 percent of the total weight of the product. Excluded from the scope are preimpregnated fabrics or fibers, often referred to as ‘‘pre-pregs,’’ which are composite materials consisting of fabrics or PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 fibers (typically carbon or glass) impregnated with epoxy resin. Also excluded from the scope is Tetramethyl Bisphenol F Diglycidyl Ether epoxy resin, also known as Tetramethyl Bisphenol F -DGE Polymer (TMBPF–DGE), that (1) has the chemical name: phenol, 4, 4’methylenebis[2,6-dimethyl-, polymer with 2(chloromethyl)oxirane, (2) falls under Chemical Abstract Services (CAS) Registry Number 113693–69–9, and (3) has an epoxy equivalent weight (EEW), also referred to as the weight per epoxide (WPE), of no less than 200 and no greater than 230 grams of epoxy resin per epoxy equivalent (g/eq or GEW).16 This merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 3907.30.0000. Subject merchandise may also be entered under subheadings 3907.29.0000, 3824.99.9397, 3214.10.0020, 2910.90.9100, 2910.90.9000, 2910.90.2000, and 1518.00.4000. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope is dispositive. [FR Doc. 2025–09454 Filed 5–23–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–985] Xanthan Gum From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.), Shandong Fufeng Fermentation Co., Ltd., and Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, Fufeng) and Deosen Biochemical (Ordos) Ltd. (Deosen) sold xanthan gum from the People’s Republic of China (China) at less than normal value during the period of review (POR), July 1, 2022, through June 30, 2023. Additionally, we find that Jianlong Biotechnology Co., Ltd. (Jianlong) and CP Kelco (Shandong) Biological Company Limited (CP Kelco (Shandong)) are eligible for a separate rate. Commerce also determines that two companies under review, Shanghai Smart Chemicals Co. Ltd. (Shanghai Smart) and Deosen Biochemical Ltd., had no shipments during the POR. DATES: Applicable May 27, 2025. AGENCY: 16 The bracket in this sentence is part of the chemical formula and does not denote business proprietary information. E:\FR\FM\27MYN1.SGM 27MYN1 Federal Register / Vol. 90, No. 100 / Tuesday, May 27, 2025 / Notices FOR FURTHER INFORMATION CONTACT: Reginald Anadio, 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) 482–3166. SUPPLEMENTARY INFORMATION: Background On August 23, 2024, Commerce published the Preliminary Results and invited interested parties to comment.1 Commerce extended the deadline for these final results by 60 days until February 19, 2025.2 On December 9, 2024, Commerce tolled certain deadlines in this review by 90 days.3 For details regarding the events that occurred subsequent to the Preliminary Results, see the Issues and Decision Memorandum.4 Commerce conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order 5 The product covered by the Order includes dry xanthan gum, whether or not coated or blended with other products. For a full description of the scope of the Order, see the Issues and Decision Memorandum. khammond on DSK9W7S144PROD with NOTICES Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues parties raised and to which we responded in the Issues and Decision Memorandum is provided in Appendix I to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to 1 See Xanthan Gum from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Rescission, in Part, and Preliminary Determination of No Shipments; 2022– 2023, 89 FR 68136 (August 23, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated December 2, 2024. 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated December 9, 2024. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Xanthan Gum from the People’s Republic of China; 2022–2023,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 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). VerDate Sep<11>2014 17:22 May 23, 2025 Jkt 265001 registered users at https://access. trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Final Determination of No Shipments In the Preliminary Results, Commerce determined that Shanghai Smart and Deosen Biochemical Ltd. did not have shipments of subject merchandise during the POR.6 As we received no information to contradict our preliminary determination with respect to Deosen Biochemical Ltd. and Shanghai Smart, we continue to find that they made no shipments of subject merchandise to the United States during the POR. Changes Since the Preliminary Results Based on a review of the record, findings at verification, and comments received from interested parties regarding our Preliminary Results, we made certain changes to the preliminary weighted-average dumping margin calculation for Deosen. For further discussion of these changes, see the Issues and Decision Memorandum. Separate Rates No parties commented on our preliminary separate rate determinations. Therefore, we have continued to grant separate rate status to Fufeng, Deosen, and two other companies/company groups, Jianlong and CP Kelco (Shandong). Rate for Non-Examined Separate Rate Respondents The statue and Commerce’s regulations do not address what rate to apply to respondents not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for non-selected respondents that are not examined individually in an administrative review. Section 735(c)(5)(A) of the Act states that the all-others rate should be calculated by averaging the weightedaverage dumping margins calculated for individually-examined respondents, excluding dumping margins that are zero, de minimis, or based entirely on facts available. When the rates for individually examined companies are all zero, de minimis, or based entirely 6 See PO 00000 on facts available, section 735(c)(5)(B) of the Act provides that Commerce may use ‘‘any reasonable method’’ to establish the all-others rate. In this review, Commerce preliminarily found a zero rate for Fufeng. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Deosen. Consequently, we have assigned the separate rate respondents a rate equal to the calculated weightedaverage dumping margin for the mandatory respondent whose rate was not zero, de minimis, or based entirely on facts available (i.e., the weightedaverage dumping margin for Deosen). This approach is consistent with the intent of, and our use of, section 735(c)(5)(A) of the Act.7 China-Wide Entity Under Commerce’s policy regarding the conditional review of the Chinawide entity,8 the China-wide entity will not be under review unless a party specifically requests, or Commerce selfinitiates, a review of the entity. Because no party requested a review of the China-wide entity in this review, the entity is not under review, and the entity’s rate (i.e., 154.07 percent) is not subject to change.9 Consistent with the Preliminary Results, we have continued to deny separate rate status to the companies identified in Appendix II.10 Final Results of Review We determine that the following estimated dumping margins exist for the period July 1, 2022, through June 30, 2023: 7 See, e.g., Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 76 FR 56158, 56160 (September 12, 2011). 8 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 9 See Order, 78 FR at 43144. 10 See Appendix II; see also Preliminary Results PDM at 11. 11 Commerce continues to find that Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.), Shandong Fufeng Fermentation Co., Ltd., and Xinjiang Fufeng Biotechnologies Co., Ltd. are a single entity. See Xanthan Gum from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2013– 2014, 80 FR 47464 (August 7, 2015), and accompanying PDM at 6, unchanged in Xanthan Gum from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2013–2014, 82 FR 11428 (February 23, 2017). 12 We have previously referenced Jianlong Biotechnology Co., Ltd. as formerly Inner Mongolia Preliminary Results, 89 FR at 68136. Frm 00018 Fmt 4703 Sfmt 4703 22241 E:\FR\FM\27MYN1.SGM Continued 27MYN1 22242 Federal Register / Vol. 90, No. 100 / Tuesday, May 27, 2025 / Notices Weighted-average dumping margin (percent) Exporter Deosen Biochemical (Ordos) Ltd ................................................................................................................................................ Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/Shandong Fufeng Fermentation Co., Ltd./Xinjiang Fufeng Biotechnologies Co., Ltd.11 ............................................................................................ 6.46 0.00 Non-Individually Examined Companies Receiving a Separate Rate Jianlong Biotechnology Co., Ltd.12 .............................................................................................................................................. CP Kelco (Shandong) Biological Company Limited .................................................................................................................... Disclosure Pursuant to 19 CFR 351.224(b), we will disclose the calculations we performed for these final results to the parties to this proceeding within five days of the publication of this notice in the Federal Register. khammond on DSK9W7S144PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise covered by the final results of this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the publication date of these final results in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). For Deosen, Commerce will calculate importer-specific assessment rates for antidumping duties, in accordance with 19 CFR 351.212(b)(1). Where the respondent reported reliable entered values, Commerce intends to calculate importer-specific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer and dividing this amount by the total entered value of the merchandise sold to the importer.13 Where the respondent did not report entered values, Commerce will calculate importer-specific assessment rates by dividing the amount of dumping for reviewed sales to the importer by the total quantity of those sales. Commerce will calculate an estimated ad valorem importer-specific Jianlong Biochemical Co., Ltd. Although we initiated on both company names in this administrative review, Inner Mongolia Jianlong Biotechnology Co., Ltd. did not file a separate rate application or certification. Therefore, we determine Inner Mongolia Jianlong Biotechnology Co., Ltd. is not eligible for a separate rate for purposes of this review. VerDate Sep<11>2014 17:22 May 23, 2025 Jkt 265001 assessment rate to determine whether the per-unit assessment rate is de minimis (i.e., 0.50 percent or below); however, Commerce will use the perunit assessment rate where entered values were not reported.14 Where an importer-specific ad valorem assessment rate is not zero or de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where an importerspecific ad valorem assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.15 For Fufeng, because its final weighted-average dumping margin is zero, Commerce will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.16 For entries submitted by an exporter individually examined during this review that were not reported in the U.S. sales database, but that entered under the case number of that exporter (i.e., at the individually-examined exporter’s cash deposit rate), Commerce will instruct CBP to liquidate such entries at the China-wide entity rate (i.e., 154.07 percent).17 For respondents not individually examined in this administrative review that qualified for a separate rate (i.e., CP Kelco (Shandong) and Jianlong), the assessment rate will be equal to the weighted-average dumping margin assigned to the respondent (i.e., Deosen) in the final results of this review.18 For the respondents not eligible for a separate rate, as listed in Appendix II, that are part of the China-wide entity, we intend to instruct CBP to apply an ad valorem assessment rate of 154.07 percent (i.e., the China-wide entity rate) to all entries of subject merchandise exported by these companies during the POR. 13 See 19 CFR 351.212(b)(1). 14 Id. 15 See 19 CFR 351.106(c)(2). 16 Id. 17 See Order, 78 FR at 43144. Drawn Stainless Steel Sinks from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and 18 See PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 6.46 6.46 Additionally, for the above companies for which we made final no shipment determinations, any suspended entries that entered under that exporter’s case number will be liquidated at the Chinawide entity rate. Cash Deposit Requirements Pursuant to section 751(a)(2)(C) of the Act, the cash deposit requirements effective for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review will be as follows: (1) for the exporters listed in the table above, the cash deposit rate will be the rate indicated; (2) for previously investigated or reviewed exporters of subject merchandise not listed in the table above that have separate rates, the cash deposit rate will continue to be the most recently published exporterspecific rate; (3) for all China exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate previously established for the China-wide entity (154.07 percent); and (4) for all non-China exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the China exporter that supplied that non-China exporter. The cash deposit requirements, when imposed, shall remain in effect until further notice. Notification of Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce’s presumption that Preliminary Determination of No Shipments: 2014– 2015, 81 FR 29528 (May 12, 2016), and accompanying PDM at 10–11, unchanged in Drawn Stainless Steel Sinks from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2014–2015, 81 FR 54042 (August 15, 2016). E:\FR\FM\27MYN1.SGM 27MYN1 Federal Register / Vol. 90, No. 100 / Tuesday, May 27, 2025 / Notices reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order (APO) This notice also serves as a final reminder to parties subject to an APO of their responsibility to return or destroy proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the 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 violation subject to sanction. Notification to Interested Parties Commerce is issuing and publishing the final results of this review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: May 20, 2025. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. khammond on DSK9W7S144PROD with NOTICES Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use of Facts Otherwise Available and Application of Adverse Inferences V. Changes to the Preliminary Results VI. Discussion of the Issues Comment 1: Whether Deosen USA’s Entered Value Should be Used in the Inventory Carrying Cost Calculation Comment 2: Whether Deosen Used the Correct Product Name in its U.S. Sales Database Comment 3: Whether Deosen Reported Correct Ownership Information for the POR Comment 4: Whether Deosen Submitted a Correct Sales Reconciliation for Deosen USA Comment 5: Whether Deosen Properly Excluded a U.S. Sale from the U.S. Sales Database Comment 6: Whether Deosen Reported the Correct Date of Shipment for its U.S. Sales Comment 7: Whether Deosen Properly Reported Deosen USA’s U.S. Inland Freight from Toll Processor for Agglomeration to the Warehouse Comment 8: Whether Deosen Properly Reported its Accounting System and Branch Office Comment 9: Whether Deosen Properly Reported its Packing Inputs Comment 10: Whether Deosen Properly Reported Caustic Soda in the Production Process Comment 11: Whether Commerce Should Adjust the Surrogate Value for Coal Comment 12: Whether Commerce Should Adjust the Surrogate Value for Water VerDate Sep<11>2014 17:22 May 23, 2025 Jkt 265001 Comment 13: Whether Commerce Should Adjust the Surrogate Value for Labor Comment 14: Whether Commerce Should Accept Deosen’s Supplier Distances as Reported Comment 15: Whether Commerce Should Reject Ajinomoto’s Financial Statement Comment 16: Whether Commerce Properly Applied the Cohen’s d Test to Fufeng’s U.S. Sales Database Comment 17: Whether Commerce Should Deduct Certain Expenses from Fufeng’s U.S. Price Comment 18: Whether Commerce Should Deduct 301 Duties from Fufeng’s U.S. Price VII. Recommendation Appendix II Companies Determined To Be Part of the China-Wide Entity (1) A.H.A International Co., Ltd.; (2) East Chemsources Ltd.; (3) Far East International Forwarding Company; (4) Foodchem Biotech Pte. Ltd.; (5) Greenhealth International Co., Ltd. (Hong Kong); (6) Guangzhou Zio Chemical Co., Ltd.; (7) Hangzhou Yuanjia Chemical Co., Ltd.; (8) Hebei Xinhe Biochemical Co., Ltd.; (9) Nanotech Solutions SDN BHD.; (10) Pingxiang Omni Trading Co., Ltd.; (11) Shaanxi Rainwood Biotech Co., Ltd.; (12) Shanghai Tianjia Biochemical Co., Ltd.; (13) Shanxi Reliance Chemicals Co., Ltd.; (14) The TNN Development Limited; (15) Tianjin Okay International Trading Co., Ltd.; (16) Unibest Industrial Co., Ltd.; Unionchem Corp. Ltd.; (17) Wanping Bio Chem Co., Ltd.; (18) Weifang Hongyuan Chemical Co., Ltd.; (19) Zhejiang Joston Machinery Company [FR Doc. 2025–09451 Filed 5–23–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–922, A–570–160] 2,4-Dichlorophenoxyacetic Acid From India and the People’s Republic of China: Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) orders on 2,4dichlorophenoxyacetic acid (2,4-D) from India and the People’s Republic of China (China). DATES: Applicable May 27, 2025. FOR FURTHER INFORMATION CONTACT: Grant Fuller (India), Office IX; AGENCY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 22243 telephone: (202) 482–6228; and Matthew Palmer (China), Office III; telephone: (202) 482–1678; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), on April 7, 2025, Commerce published its affirmative final determinations in the less-thanfair-value (LTFV) investigations of 2,4-D from India and China.1 On May 16, 2025, pursuant to section 735(d) of the Act, the ITC notified Commerce of its final affirmative determinations that an industry in the United States is materially injured by reason of dumped imports of 2,4-D from India and China, within the meaning of section 735(b)(1)(A)(i) of the Act.2 Scope of the Orders The product covered by these orders is 2,4-D from India and China. For a complete description of the scope of the orders, see the appendix to this notice. Antidumping Duty Orders Based on the above-referenced affirmative final determinations by the ITC that an industry in the United States is materially injured by reason of imports of 2,4-D from India and China sold at LTFV, and, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing these AD orders. Because the ITC determined that imports of 2,4-D from India and China are materially injuring a U.S. industry, unliquidated entries of such merchandise from India and China, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, 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 on all relevant entries of 2,4-D from India and 1 See 2,4-Dichlorophenoxyacetic Acid from India: Final Affirmative Determination of Sales at Less Than Fair Value, 90 FR 14969 (April 7, 2025); and 2,4-Dichlorophenoxyacetic Acid from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 90 FR 14964 (April 7, 2025). 2 See ITC’s Letter, ‘‘Notification of ITC Final Determination,’’ dated May 16, 2025 (ITC Notification Letter). E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 90, Number 100 (Tuesday, May 27, 2025)]
[Notices]
[Pages 22240-22243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09451]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-985]


Xanthan Gum From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng 
Biotechnologies Co., Ltd.), Shandong Fufeng Fermentation Co., Ltd., and 
Xinjiang Fufeng Biotechnologies Co., Ltd. (collectively, Fufeng) and 
Deosen Biochemical (Ordos) Ltd. (Deosen) sold xanthan gum from the 
People's Republic of China (China) at less than normal value during the 
period of review (POR), July 1, 2022, through June 30, 2023. 
Additionally, we find that Jianlong Biotechnology Co., Ltd. (Jianlong) 
and CP Kelco (Shandong) Biological Company Limited (CP Kelco 
(Shandong)) are eligible for a separate rate. Commerce also determines 
that two companies under review, Shanghai Smart Chemicals Co. Ltd. 
(Shanghai Smart) and Deosen Biochemical Ltd., had no shipments during 
the POR.

DATES: Applicable May 27, 2025.

[[Page 22241]]


FOR FURTHER INFORMATION CONTACT: Reginald Anadio, 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) 482-3166.

SUPPLEMENTARY INFORMATION:

Background

    On August 23, 2024, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ Commerce extended the 
deadline for these final results by 60 days until February 19, 2025.\2\ 
On December 9, 2024, Commerce tolled certain deadlines in this review 
by 90 days.\3\ For details regarding the events that occurred 
subsequent to the Preliminary Results, see the Issues and Decision 
Memorandum.\4\ Commerce conducted this administrative review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
---------------------------------------------------------------------------

    \1\ See Xanthan Gum from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 
Rescission, in Part, and Preliminary Determination of No Shipments; 
2022-2023, 89 FR 68136 (August 23, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated December 2, 2024.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated December 9, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Xanthan Gum from the People's Republic of China; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 5
---------------------------------------------------------------------------

    \5\ 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).
---------------------------------------------------------------------------

    The product covered by the Order includes dry xanthan gum, whether 
or not coated or blended with other products. For a full description of 
the scope of the Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues parties raised 
and to which we responded in the Issues and Decision Memorandum is 
provided in Appendix I to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Shanghai Smart 
and Deosen Biochemical Ltd. did not have shipments of subject 
merchandise during the POR.\6\ As we received no information to 
contradict our preliminary determination with respect to Deosen 
Biochemical Ltd. and Shanghai Smart, we continue to find that they made 
no shipments of subject merchandise to the United States during the 
POR.
---------------------------------------------------------------------------

    \6\ See Preliminary Results, 89 FR at 68136.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record, findings at verification, and 
comments received from interested parties regarding our Preliminary 
Results, we made certain changes to the preliminary weighted-average 
dumping margin calculation for Deosen. For further discussion of these 
changes, see the Issues and Decision Memorandum.

Separate Rates

    No parties commented on our preliminary separate rate 
determinations. Therefore, we have continued to grant separate rate 
status to Fufeng, Deosen, and two other companies/company groups, 
Jianlong and CP Kelco (Shandong).

Rate for Non-Examined Separate Rate Respondents

    The statue and Commerce's regulations do not address what rate to 
apply to respondents not selected for individual examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for non-selected respondents that are not examined individually in 
an administrative review. Section 735(c)(5)(A) of the Act states that 
the all-others rate should be calculated by averaging the weighted-
average dumping margins calculated for individually-examined 
respondents, excluding dumping margins that are zero, de minimis, or 
based entirely on facts available. When the rates for individually 
examined companies are all zero, de minimis, or based entirely on facts 
available, section 735(c)(5)(B) of the Act provides that Commerce may 
use ``any reasonable method'' to establish the all-others rate. In this 
review, Commerce preliminarily found a zero rate for Fufeng. Therefore, 
the only rate that is not zero, de minimis or based entirely on facts 
otherwise available is the rate calculated for Deosen. Consequently, we 
have assigned the separate rate respondents a rate equal to the 
calculated weighted-average dumping margin for the mandatory respondent 
whose rate was not zero, de minimis, or based entirely on facts 
available (i.e., the weighted-average dumping margin for Deosen). This 
approach is consistent with the intent of, and our use of, section 
735(c)(5)(A) of the Act.\7\
---------------------------------------------------------------------------

    \7\ See, e.g., Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Final Results and Final Partial 
Rescission of Antidumping Duty Administrative Review, 76 FR 56158, 
56160 (September 12, 2011).
---------------------------------------------------------------------------

China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\8\ the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the 
entity's rate (i.e., 154.07 percent) is not subject to change.\9\ 
Consistent with the Preliminary Results, we have continued to deny 
separate rate status to the companies identified in Appendix II.\10\
---------------------------------------------------------------------------

    \8\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \9\ See Order, 78 FR at 43144.
    \10\ See Appendix II; see also Preliminary Results PDM at 11.
---------------------------------------------------------------------------

Final Results of Review

    We determine that the following estimated dumping margins exist for 
the period July 1, 2022, through June 30, 2023:
---------------------------------------------------------------------------

    \11\ Commerce continues to find that Neimenggu Fufeng 
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies 
Co., Ltd.), Shandong Fufeng Fermentation Co., Ltd., and Xinjiang 
Fufeng Biotechnologies Co., Ltd. are a single entity. See Xanthan 
Gum from the People's Republic of China: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2013-2014, 80 FR 47464 (August 7, 2015), and 
accompanying PDM at 6, unchanged in Xanthan Gum from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2013-2014, 82 FR 11428 (February 23, 2017).
    \12\ We have previously referenced Jianlong Biotechnology Co., 
Ltd. as formerly Inner Mongolia Jianlong Biochemical Co., Ltd. 
Although we initiated on both company names in this administrative 
review, Inner Mongolia Jianlong Biotechnology Co., Ltd. did not file 
a separate rate application or certification. Therefore, we 
determine Inner Mongolia Jianlong Biotechnology Co., Ltd. is not 
eligible for a separate rate for purposes of this review.

[[Page 22242]]



------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Deosen Biochemical (Ordos) Ltd......................                6.46
Neimenggu Fufeng Biotechnologies Co., Ltd. (aka                     0.00
 Inner Mongolia Fufeng Biotechnologies Co., Ltd.)/
 Shandong Fufeng Fermentation Co., Ltd./Xinjiang
 Fufeng Biotechnologies Co., Ltd.\11\...............
------------------------------------------------------------------------
      Non-Individually Examined Companies Receiving a Separate Rate
------------------------------------------------------------------------
Jianlong Biotechnology Co., Ltd.\12\................                6.46
CP Kelco (Shandong) Biological Company Limited......                6.46
------------------------------------------------------------------------

Disclosure

    Pursuant to 19 CFR 351.224(b), we will disclose the calculations we 
performed for these final results to the parties to this proceeding 
within five days of the publication of this notice in the Federal 
Register.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by the final results of this 
review. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the publication date of these final results 
in the Federal Register. If a timely summons is filed at the U.S. Court 
of International Trade, the assessment instructions will direct CBP not 
to liquidate relevant entries until the time for parties to file a 
request for a statutory injunction has expired (i.e., within 90 days of 
publication).
    For Deosen, Commerce will calculate importer-specific assessment 
rates for antidumping duties, in accordance with 19 CFR 351.212(b)(1). 
Where the respondent reported reliable entered values, Commerce intends 
to calculate importer-specific ad valorem assessment rates by 
aggregating the amount of dumping calculated for all U.S. sales to the 
importer and dividing this amount by the total entered value of the 
merchandise sold to the importer.\13\ Where the respondent did not 
report entered values, Commerce will calculate importer-specific 
assessment rates by dividing the amount of dumping for reviewed sales 
to the importer by the total quantity of those sales. Commerce will 
calculate an estimated ad valorem importer-specific assessment rate to 
determine whether the per-unit assessment rate is de minimis (i.e., 
0.50 percent or below); however, Commerce will use the per-unit 
assessment rate where entered values were not reported.\14\ Where an 
importer-specific ad valorem assessment rate is not zero or de minimis, 
Commerce will instruct CBP to collect the appropriate duties at the 
time of liquidation. Where an importer-specific ad valorem assessment 
rate is zero or de minimis, Commerce will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\15\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
    \15\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For Fufeng, because its final weighted-average dumping margin is 
zero, Commerce will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.\16\
---------------------------------------------------------------------------

    \16\ Id.
---------------------------------------------------------------------------

    For entries submitted by an exporter individually examined during 
this review that were not reported in the U.S. sales database, but that 
entered under the case number of that exporter (i.e., at the 
individually-examined exporter's cash deposit rate), Commerce will 
instruct CBP to liquidate such entries at the China-wide entity rate 
(i.e., 154.07 percent).\17\
---------------------------------------------------------------------------

    \17\ See Order, 78 FR at 43144.
---------------------------------------------------------------------------

    For respondents not individually examined in this administrative 
review that qualified for a separate rate (i.e., CP Kelco (Shandong) 
and Jianlong), the assessment rate will be equal to the weighted-
average dumping margin assigned to the respondent (i.e., Deosen) in the 
final results of this review.\18\
---------------------------------------------------------------------------

    \18\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying PDM at 10-11, unchanged in 
Drawn Stainless Steel Sinks from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15, 
2016).
---------------------------------------------------------------------------

    For the respondents not eligible for a separate rate, as listed in 
Appendix II, that are part of the China-wide entity, we intend to 
instruct CBP to apply an ad valorem assessment rate of 154.07 percent 
(i.e., the China-wide entity rate) to all entries of subject 
merchandise exported by these companies during the POR.
    Additionally, for the above companies for which we made final no 
shipment determinations, any suspended entries that entered under that 
exporter's case number will be liquidated at the China-wide entity 
rate.

Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, the cash deposit 
requirements effective for shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of the final results of review will be as follows: (1) 
for the exporters listed in the table above, the cash deposit rate will 
be the rate indicated; (2) for previously investigated or reviewed 
exporters of subject merchandise not listed in the table above that 
have separate rates, the cash deposit rate will continue to be the most 
recently published exporter-specific rate; (3) for all China exporters 
of subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be the rate previously 
established for the China-wide entity (154.07 percent); and (4) for all 
non-China exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the China exporter that supplied that non-China exporter. The cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification of Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that

[[Page 22243]]

reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility to return or destroy proprietary 
information disclosed under an APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the 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 violation subject to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing the final results of this review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: May 20, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse 
Inferences
V. Changes to the Preliminary Results
VI. Discussion of the Issues
    Comment 1: Whether Deosen USA's Entered Value Should be Used in 
the Inventory Carrying Cost Calculation
    Comment 2: Whether Deosen Used the Correct Product Name in its 
U.S. Sales Database
    Comment 3: Whether Deosen Reported Correct Ownership Information 
for the POR
    Comment 4: Whether Deosen Submitted a Correct Sales 
Reconciliation for Deosen USA
    Comment 5: Whether Deosen Properly Excluded a U.S. Sale from the 
U.S. Sales Database
    Comment 6: Whether Deosen Reported the Correct Date of Shipment 
for its U.S. Sales
    Comment 7: Whether Deosen Properly Reported Deosen USA's U.S. 
Inland Freight from Toll Processor for Agglomeration to the 
Warehouse
    Comment 8: Whether Deosen Properly Reported its Accounting 
System and Branch Office
    Comment 9: Whether Deosen Properly Reported its Packing Inputs
    Comment 10: Whether Deosen Properly Reported Caustic Soda in the 
Production Process
    Comment 11: Whether Commerce Should Adjust the Surrogate Value 
for Coal
    Comment 12: Whether Commerce Should Adjust the Surrogate Value 
for Water
    Comment 13: Whether Commerce Should Adjust the Surrogate Value 
for Labor
    Comment 14: Whether Commerce Should Accept Deosen's Supplier 
Distances as Reported
    Comment 15: Whether Commerce Should Reject Ajinomoto's Financial 
Statement
    Comment 16: Whether Commerce Properly Applied the Cohen's d Test 
to Fufeng's U.S. Sales Database
    Comment 17: Whether Commerce Should Deduct Certain Expenses from 
Fufeng's U.S. Price
    Comment 18: Whether Commerce Should Deduct 301 Duties from 
Fufeng's U.S. Price
VII. Recommendation

Appendix II

Companies Determined To Be Part of the China-Wide Entity

(1) A.H.A International Co., Ltd.;
(2) East Chemsources Ltd.;
(3) Far East International Forwarding Company;
(4) Foodchem Biotech Pte. Ltd.;
(5) Greenhealth International Co., Ltd. (Hong Kong);
(6) Guangzhou Zio Chemical Co., Ltd.;
(7) Hangzhou Yuanjia Chemical Co., Ltd.;
(8) Hebei Xinhe Biochemical Co., Ltd.;
(9) Nanotech Solutions SDN BHD.;
(10) Pingxiang Omni Trading Co., Ltd.;
(11) Shaanxi Rainwood Biotech Co., Ltd.;
(12) Shanghai Tianjia Biochemical Co., Ltd.;
(13) Shanxi Reliance Chemicals Co., Ltd.;
(14) The TNN Development Limited;
(15) Tianjin Okay International Trading Co., Ltd.;
(16) Unibest Industrial Co., Ltd.; Unionchem Corp. Ltd.;
(17) Wanping Bio Chem Co., Ltd.;
(18) Weifang Hongyuan Chemical Co., Ltd.;
(19) Zhejiang Joston Machinery Company

[FR Doc. 2025-09451 Filed 5-23-25; 8:45 am]
BILLING CODE 3510-DS-P
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