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]
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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.
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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
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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.
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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).
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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.
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E:\FR\FM\27MYN1.SGM
Continued
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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.
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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
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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).
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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.
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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
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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.
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\6\ See Preliminary Results, 89 FR at 68136.
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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\
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\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).
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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\
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\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.
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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\
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\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ See 19 CFR 351.106(c)(2).
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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\
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\16\ Id.
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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\
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\17\ See Order, 78 FR at 43144.
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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\
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\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