Citric Acid and Certain Citrate Salts From Thailand: Final Results of Antidumping Duty Administrative Review; 2019-2020
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Abstract
The Department of Commerce (Commerce) determines that sales of citric acid and certain citrate salts (citric acid) from Thailand have not been made at less than normal value by COFCO Biochemical (Thailand) Co., Ltd. (COFCO) or Sunshine Biotech International Co., Ltd. (Sunshine) during the period of review (POR), July 1, 2019, through June 30, 2020.
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<title>Federal Register, Volume 86 Issue 132 (Wednesday, July 14, 2021)</title>
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[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37117-37118]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14896]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-833]
Citric Acid and Certain Citrate Salts From Thailand: Final
Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that sales of
citric acid and certain citrate salts (citric acid) from Thailand have
not been made at less than normal value by COFCO Biochemical (Thailand)
Co., Ltd. (COFCO) or Sunshine Biotech International Co., Ltd.
(Sunshine) during the period of review (POR), July 1, 2019, through
June 30, 2020.
DATES: Applicable July 14, 2021.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Patrick Barton, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-0012,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2021, Commerce published the Preliminary Results.\1\ We
invited interested parties to comment on the Preliminary Results.\2\
This review covers three respondents: COFCO, Niran (Thailand) Co., Ltd.
(Niran), and Sunshine. Commerce rescinded this review, in part, with
respect to Niran on February 3, 2021.\3\ No interested party submitted
comments on the Preliminary Results. Accordingly, the final results
remain unchanged from the Preliminary Results. Commerce conducted this
review in accordance with section 751 of the Tariff Act of 1930, as
amended (the Act).
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\1\ See Citric Acid and Certain Citrate Salts from Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 17122 (April 1, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Results, 86 FR at 17123.
\3\ See Citric Acid and Certain Citrate Salts from Thailand:
Partial Recission of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 7989 (February 3, 2021).
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Scope of the Order
The merchandise covered by the order is citric acid and certain
citrate salts from Thailand. The scope of the order includes all grades
and granulation sizes of citric acid, sodium citrate, and potassium
citrate in their unblended forms, whether dry or in solution, and
regardless of packaging type. The scope also includes blends of citric
acid, sodium citrate, and potassium citrate; as well as blends with
other ingredients, such as sugar, where the unblended form(s) of citric
acid, sodium citrate, and potassium citrate constitute 40 percent or
more, by weight, of the blend.
The scope also includes all forms of crude calcium citrate,
including dicalcium citrate monohydrate, and tricalcium citrate
tetrahydrate, which are intermediate products in the production of
citric acid, sodium citrate, and potassium citrate.
The scope includes the hydrous and anhydrous forms of citric acid,
the dihydrate and anhydrous forms of sodium citrate, otherwise known as
citric acid sodium salt, and the monohydrate and monopotassium forms of
potassium citrate. Sodium citrate also includes both trisodium citrate
and monosodium citrate which are also known as citric acid trisodium
salt and citric acid monosodium salt, respectively.
The scope does not include calcium citrate that satisfies the
standards set forth in the United States Pharmacopeia and has been
mixed with a functional excipient, such as dextrose or starch, where
the excipient constitutes at least 2 percent, by weight, of the
product.
Citric acid and sodium citrate are classifiable under 2918.14.0000
and 2918.15.1000 of the Harmonized Tariff Schedule of the United States
(HTSUS),
[[Page 37118]]
respectively. Potassium citrate and crude calcium citrate are
classifiable under 2918.15.5000 and, if included in a mixture or blend,
3824.99.9295 of the HTSUS. Blends that include citric acid, sodium
citrate, and potassium citrate are classifiable under 3824.99.9295 of
the HTSUS. Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.
Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the respondents for the POR, July 1, 2019, through June 30,
2020:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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COFCO Biochemical (Thailand) Co., Ltd....................... 0.00
Sunshine Biotech International Co., Ltd..................... 0.00
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Disclosure
As noted above, Commerce received no comments on its Preliminary
Results. As a result, we have not modified our analysis, and will not
issue a decision memorandum to accompany this Federal Register notice.
Further, because we have not changed our calculations since the
Preliminary Results, there are no new calculations to disclose in
accordance with 19 CFR 351.224(b) for these final results. We are
adopting the Preliminary Results as the final results.
Assessment Rates
Pursuant to section 751(a)(2)(A) 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 in accordance with the final results of
this review. We will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of the
importer's sales in accordance with 19 CFR 351.212(b)(1).
Where the respondent's weighted-average dumping margin is either
zero or de minimis within the meaning of 19 CFR 351.106(c), or an
importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\4\
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\4\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review 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).
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication date of the final results of this administrative review, as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for the companies listed above will be equal to each company's
weighted-average dumping margin established in the final results of
this administrative review (except if that rate is de minimis, in which
situation the cash deposit rate will be zero); (2) for merchandise
exported by a producer or exporter not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation but the
producer has been covered in a prior complete segment of this
proceeding, the cash deposit rate will be the company-specific rate
established for the most recent period for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 11.25 percent,\5\ the all-others rate
established in the less-than-fair-value investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\5\ See Citric Acid and Certain Citrate Salts from Belgium,
Colombia, and Thailand: Antidumping Duty Orders, 83 FR 35214, 35215
(July 25, 2018).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: July 8, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-14896 Filed 7-13-21; 8:45 am]
BILLING CODE 3510-DS-P
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