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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Notices exclusion, Commerce discontinued this review with respect to, and did not issue preliminary or final results of review for, Fufeng while awaiting the outcome of the appeals process.2 On February 10, 2020, the Court of Appeals for the Federal Circuit CAFC reversed the CITs decision that resulted in the exclusion of Fufeng from the Order.3
Accordingly, Commerce issued a third amended final determination in the LTFV investigation of xanthan gum from China, in which it found Fufeng subject to the Order and announced its intention to resume the instant review of Fufeng.4 Commerce is now amending the preliminary results of this administrative review by completing the administrative review with respect to Fufeng.
In the Third Amended Final Determination, Commerce explained that:
. . . because we already selected mandatory respondents, other than Fufeng, and issued final results with respect to those respondents, we will analyze Fufengs separate rate certification and issue preliminary results regarding Fufengs separate rate status. We will set a briefing period to allow interested parties to comment on our separate rates determination for Fufeng before issuing the final results of review with respect to Fufeng.5

Accordingly, we have addressed Fufengs separate rate status below.

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Scope of the Order The product covered by the Order is dry xanthan gum, whether or not coated or blended with other products, from China xanthan gum.6
October 16, 2018 Discontinuation and Partial Revocation.
2 See Discontinuation and Partial Revocation at 52206; see also Xanthan Gum from the Peoples Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2017
2018, 84 FR 26813 June 10, 2019 Preliminary Results and accompanying Preliminary Decision Memorandum June 2019 Preliminary Decision Memorandum and Xanthan Gum from the Peoples Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 20172018, 84 FR
64831 November 25, 2019 Final Results and accompanying Issues and Decision Memorandum.
3 See CP Kelco US, Inc. v. United States, Neimenggu Fufeng Biotechnologies Co., Ltd., Shandong Fufeng Fermentation Co., Ltd., 949 F.3d 1348 Fed. Cir. 2020.
4 See Xanthan Gum from the Peoples Republic of China: Notice of Third Amended Final Determination Pursuant to Court Decision, 85 FR
40967 July 8, 2020 Third Amended Determination.
5 Id. at 40969.
6 For a complete description of the scope of the Order, see Memorandum, Xanthan Gum from the Peoples Republic of China: Decision Memorandum for the Amended Preliminary Results of the 2017
2018 Antidumping Duty Administrative Review Preliminary Decision Memorandum.

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Separate Rate Status Based on the criteria established by Sparklers 7 and Silicon Carbide,8
Commerce preliminarily determines that the information placed on the record by Fufeng demonstrates an absence of de jure and de facto government control over its export activities. Therefore, we have preliminarily granted Fufeng separate rate status. For details regarding our analysis, see the Preliminary Decision Memorandum.
Dumping Margin for Non-Individually Examined Respondents Granted Separate Rate Status The statute and Commerces regulations do not identify the dumping margin to apply to respondents that are eligible for a separate rate in a nonmarket economy antidumping duty administrative review that were not selected for individual examination.
Generally, Commerce looks to section 735c5 of the Tariff Act of 1930, as amended the Act, which provides instructions for calculating the allothers rate in a market economy antidumping duty investigation, for guidance when determining the dumping margin for respondents that were not individually examined that qualify for a separate rate. Section 735c5A of the Act states that the allothers rate should be calculated by averaging the weighted-average dumping margins determined for individually examined respondents, excluding dumping margins that are zero, de minimis, or based entirely on facts available. Where the dumping margins for the individually examined respondents are all zero, de minimis, or based entirely on facts available, section 735c5B of the Act provides that Commerce may use any reasonable method to establish the all others rate.
The dumping margins for both of the individually examined respondents in this review are zero. Therefore, consistent with the dumping margin assigned to the other non-individually examined separate rate recipients in the Final Results of this review, we are preliminarily assigning a dumping margin of zero percent to Fufeng.9
Disclosure and Public Comment Because Commerce did not calculate a weighted-average dumping margin for 7 See Final Determination of Sales at Less Than Fair Value: Sparklers from the Peoples Republic of China, 56 FR 20588 May 6, 1991 Sparklers.
8 See Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the Peoples Republic of China, 59 FR 22585 May 2, 1994 Silicon Carbide.
9 See Final Results at 64832.

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Fufeng, there are no calculations to disclose to interested parties.
Interested parties are invited to comment on these amended preliminary results of review. Pursuant to 19 CFR
351.309c1ii, interested parties may submit case briefs no later than 21 days after the date of publication of this notice in the Federal Register.10
Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the deadline for filing case briefs.11 Parties who submit case briefs or rebuttal briefs should submit with each argument: 1 A
statement of the issue; 2 a brief summary of the argument; and 3 a table of authorities.12 Executive summaries should be limited to five pages total, including footnotes.13 Case and rebuttal briefs should be filed using Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS.14 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.15
Pursuant to 19 CFR 351.310c, any interested party may request a hearing within 21 days of the date of publication of this notice in the Federal Register.16
Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS, by the deadline noted above.
If a hearing is requested, Commerce will notify interested parties of the hearing date and time. Requests for a hearing should contain: 1 The requesting partys name, address, and telephone number; 2 the number of individuals from the requesting partys firm that will attend the hearing; and 3 a list of the issues the party intends to discuss at the hearing. Issues raised in the hearing are limited to those issues raised in the partys case and rebuttal briefs.
Unless we extend the deadline for the amended final results of this review, we intend to issue the amended final results of this administrative review, including the results of our analysis of 10 Commerce has exercised its discretion under 19
CFR 351.309c1ii to alter the time limit for submission of case briefs.
11 See 19 CFR 351.309d1; see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR
41363 July 10, 2020 Temporary Rule.
12 See 19 CFR 351.309c2 and d2.
13 Id.
14 See 19 CFR 351.303.
15 See Temporary Rule.
16 Commerce has exercised its discretion under 19
CFR 351.310c to alter the time limit for requesting a hearing.

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