AD/CVD message 7340309 - Amendment to injunction on xanthan gum from the PRC for the companies collectively referred to as Fufeng, for the period 07/1/2014 through 06/30/2015 (A-570-985), court number 13-00288

7340309
Dec 06, 2017
Active

Effective Date: Aug 10, 2017

Period of Review: Jul 01, 2014 to Jun 30, 2015

Category: Antidumping • Type: Preliminary Injunction • Sub type: PRELIM-Preliminary • Reference messages: 3318301 • Cases: A-570-985 • Court Case: 13-00288

1. On 08/10/2017, the U.S. Court of International Trade issued an amendment to the preliminary injunction (PI) that was the subject of Message 3318301, dated 11/14/2013. This is the second amendment to the preliminary injunction that was issued in connection with court case number 13-00289. The first amendment is the subject of Message number 7216301, dated 08/04/2017, and was issued in connection with court case 13-00288.

2. The initial injunction issued on 11/12/2013, enjoined liquidation of xanthan gum from the People's Republic of China that is subject to the United States Department of Commerce's antidumping duty order published as xanthan gum from the People's Republic of China, 78 Fed. Reg. 43,143 (July 19, 2013); was produced and exported by Neimenggu Fufeng Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies Co., Ltd.) or Shandong Fufeng Fermentation Co., Ltd.; and was entered, or withdrawn from warehouse, for consumption during the period 07/19/2013 through 06/30/2014.

3. The first amendment to the original preliminary injunction was issued on 07/25/2017. This amended injunction also enjoined liquidation of entries which are subject to the final results of the second administrative review of the antidumping duty order on xanthan gum from the PRC as xanthan gum from the People's Republic of China, 82 Fed. Reg. 11,434 (Dep't Commerce Feb. 23, 2017) (final determ.); were produced and exported by Neimenggu Fufeng Biotechnologies Co., Ltd. (a.k.a. Inner Mongolia Fufeng Biotechnologies Co., Ltd.) and Shandong Fufeng Fermentation Co., Ltd.; and were entered, or withdrawn from warehouse, for consumption into the United States during the period 07/01/2014 through 06/30/2015, by East West Technologies Inc., which include the following entries as described in Attachment 1 of the amended PI which Fufeng publicly identified to the court in court number 13-0288:

Entry Number Entry Date Fufeng Invoice Number

WUB13053131 07/08/2014 MAM14055
WUB13055904 07/31/2014 MAM14079
WUB13056423 08/07/2014 MAM14097
WUB13058940 08/24/2014 MAM14093
WUB13060409 09/04/2014 MAM14098
WUB13060458 09/10/2014 MAM14101
WUB13061126 09/17/2014 MAM14105
WUB13064674 10/20/2014 MAM14122
WUB13065424 10/27/2014 MAM14114
WUB13067479 11/14/2014 MAM14144/MAM14145
WUB13067826 11/29/2014 MAM14160
WUB13069301 12/12/2014 MAM14161
WUB13071158 12/29/2014 MAM14171
WUB13071661 01/08/2015 MAM14187
WUB13071679 01/13/2015 MAM14182
WUB13073113 01/23/2015 MAM14188
WUB13073261 01/20/2015 MAM14173A/MAM14173B
WUB13073287 01/20/2015 MAM14183/MAM14190
WUB13074210 02/03/2015 MNA15001
WUB13075266 02/17/2015 MNA15002
WUB13077056 02/26/2015 MNA15003
WUB13078567 03/13/2015 MNA15016
WUB13080191 03/30/2015 MNA15017

The second amendment enjoins liquidation of entries identified in paragraph 2, below, which are subject to the antidumping duty order on xanthan gum from the People's Republic of China (A-570-985) and which were entered, or withdrawn from warehouse, for consumption during the period 07/1/2014 through 06/30/2015. This PI was issued in connection with consolidated court number 13-00288.

2. This PI enjoins liquidation of entries which:

(1) is subject to the final results of the second administrative review of the antidumping duty order on xanthan gum from the People's Republic of China published as Xanthan Gum from the People's Republic of China, 82 Fed. Reg. 11,434 (Dep't Commerce Feb. 23, 2017) (final results);

(2) is produced and exported by Neimenggu Fufeng Biotechnologies Co., Ltd. (a.k.a. Inner Mongolia Fufeng Biotechnologies Co., Ltd.) and Shandong Fufeng Fermentation Co., Ltd. (collectively, Fufeng) (A-570-985-010);

(3) was entered, or withdrawn from warehouse, for consumption into the United States during the period July 1, 2014 through June 30, 2015, by LABH Inc.;

(4) is designated as Entry No. 22703189153, having Entry Date July 7, 2014 and Fufeng's Invoice No. MEU14088; and

(5) remains unliquidated the day upon which this Order is granted.

3. Effective 08/10/2017 (the date the Court issued the second amendment to the PI), no liquidation may be made for entries referred to in paragraph 2 which remain unliquidated as of 08/10/2017, the day on which the court entered the order in connection with court case number 13-00289. Any such entries that are set for liquidation must be unset immediately. Continue to suspend liquidation of these entries until liquidation instructions are issued.

4. Effective immediately, CBP is instructed to follow the terms of the PI.

5. The PI applies to the liquidation instructions in message number7079304, dated 03/20/2017.

6. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIV:SMB.)

7. There are no restrictions on the release of this information.

Alexander Amdur