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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Notices
Preliminary Determination of No Shipments On September 28, 2020, and October 2, 2020, Shanghai Smart Chemicals Co., Ltd. Shanghai Smart and Deosen Biochemical Ltd. Deosen Biochemical, respectively, timely filed certifications that they did not export or sell subject merchandise to the United States during the POR and that there were no entries of their subject merchandise into the United States during the POR. Based on an analysis of information from U.S.
Customs and Border Protection CBP
and Shanghai Smarts no shipment certification, Commerce preliminarily determines that Shanghai Smart did not have shipments of subject merchandise to the United States during the POR.7
However, Commerce preliminarily determines that Deosen Biochemical had reviewable transactions during the POR.8 For additional information regarding this determination, see the Preliminary Decision Memorandum.
Consistent with Commerces practice in non-market economy NME cases, we are not rescinding this administrative review with respect to Shanghai Smart, but intend to complete the review and issue appropriate instructions to CBP based on the final results of the review.9

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Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213d1, Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraw their requests within 90 days of the publication date of the notice of initiation of the requested review in the Federal Register. In December 2020, parties timely withdrew their requests for an AD administrative review of CP
Kelco Shandong Biological Company Limited CP Kelco Shandong.10
7 See Memorandum, Antidumping Duty Administrative Review of Xanthan Gum from the Peoples Republic of China: Automated Commercial System Shipment Query, dated September 23, 2020 CBP Data; see also Xanthan Gum from China exported by Shanghai Smart Chemicals Co.
Ltd. during the period 07/01/2019 through 06/30/
2020, dated April 22, 2021.
8 See CBP Data.
9 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76
FR 65694 October 24, 2011; and the Assessment Rates section, below.
10 See CP Kelco Shandongs Letter, Xanthan Gum from the Peoples Republic of China: CP Kelco Shandong Biological Company Limiteds Withdrawal of Request for Administrative Review, dated December 1, 2020; Deosen Biochemical and Deosen Biochemical Ordos Ltd. collectively, Deosen submitted a timely withdrawal of its review request, however, because the petitioner did not withdraw its request for review of Deosen, Commerce is continuing its review of Deosen.

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Because all requests for reviews of CP
Kelco Shandong were timely withdrawn, in accordance with 19 CFR
351.213d1, Commerce is rescinding this review of the AD order on xanthan gum from China with respect to CP
Kelco Shandong.
Use of Adverse Facts Available Pursuant to section 776a and b of the Act, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences, to determine the dumping margin assigned to Meihua. For further information, see Application of Facts Available With Adverse Inferences in the Preliminary Decision Memorandum; see also the Meihua Preliminary AFA
Memorandum.11
Methodology Commerce is conducting this review in accordance with section 751a1B
of the Act. We calculated export prices and constructed export prices in accordance with section 772 of the Act.
Because China is an NME country within the meaning of section 77118 of the Act, we calculated NV in accordance with section 773c of the Act.
For a full description of the methodology underlying the preliminary results of review, see the Preliminary Decision Memorandum, which is hereby adopted by this notice.
The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances 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 Preliminary Decision Memorandum can be accessed directly at http enforcement.trade.gov/
frn/. A list of sections in the Preliminary Decision Memorandum is in the appendix to this notice.
Separate Rates In all proceedings involving NME
countries, Commerce maintains a rebuttable presumption that all companies within an NME are subject to government control and, thus, should be assessed a single weighted-average dumping margin unless the company can affirmatively demonstrate an absence of government control, both in law de jure and in fact de facto, with respect to its exports so that it is entitled 11 See Memorandum, Preliminary Results Memorandum: Application of Adverse Facts Available to Meihua, dated concurrently with this memorandum Meihua Preliminary AFA
Memorandum for Commerces full analysis, which includes business proprietary information.

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to separate rate status.12 Commerce preliminarily determines that the information placed on the record by Jianlong Biotechnology Co. Ltd formerly, Inner Mongolia Jianlong Biochemical Co., Ltd. Jianlong, Deosen Biochemical and Deosen Biochemical Ordos Ltd. collectively, Deosen, Meihua, and Fufeng demonstrates that these companies are entitled to separate rate status.
However, Commerce preliminarily determines that A.H.A. International Co., Ltd., Hebei Xinhe Biochemical Co., Ltd., Greenhealth International Co., Ltd.
Hong Kong, and Nanotech Solutions SDN BHD did not demonstrate their eligibility for separate rates status because they did not file a separate rate application or separate rate certification with Commerce. Therefore, we are preliminarily treating A.H.A.
International Co., Ltd., Hebei Xinhe Biochemical Co., Ltd., Greenhealth International Co., Ltd. Hong Kong, and Nanotech Solutions SDN BHD as part of the China-wide entity. Because no party requested a review of the China-wide entity, the entity is not under review and the entitys rate i.e., 154.07
percent is not subject to change in this review. For additional information, see the Preliminary Decision Memorandum.
Dumping Margins for Separate Rate Companies The statute and Commerces regulations do not identify the dumping margin to apply to respondents not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777Ac2 of the Act. Generally, Commerce looks to section 735c5 of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when determining the dumping margin for respondents that are not individually examined in an administrative review.
Section 735c5A of the Act states that the all-others rate should be calculated by averaging the weightedaverage dumping margins for individually-examined respondents, excluding dumping margins that are zero, de minimis, or based entirely on facts available. Where the dumping margins for individually examined respondents are all zero, de minimis, or 12 See Notice of Final Determination of Sales at Less Than Fair Value, and Affirmative Critical Circumstances, In Part: Certain Lined Paper Products from the Peoples Republic of China, 71
FR 53079, 53082 September 8, 2006; Final Determination of Sales at Less Than Fair Value and Final Partial Affirmative Determination of Critical Circumstances: Diamond Sawblades and Parts Thereof from the Peoples Republic of China, 71 FR
29303, 29307 May 22, 2006.

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