Notice2021-15583
Citric Acid and Certain Citrate Salts From Belgium: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 22, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that S.A. Citrique Belge N.V. (Citrique Belge) did not sell subject merchandise in the United States at prices below normal value during the July 1, 2019, through June 30, 2020 period of review (POR). We invite interested parties to comment on these preliminary results.
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<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
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[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38681-38683]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15583]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-813]
Citric Acid and Certain Citrate Salts From Belgium: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that S.A. Citrique Belge N.V. (Citrique Belge) did not sell subject
merchandise in the United States at prices below normal value during
the July 1, 2019, through June 30, 2020 period of review (POR). We
invite interested parties to comment on these preliminary results.
DATES: Applicable July 22, 2021.
FOR FURTHER INFORMATION CONTACT: David Lindgren, 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) 482-1671.
SUPPLEMENTARY INFORMATION:
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Background
On July 25, 2018, Commerce published the antidumping duty (AD)
order on citric acid and certain citrate salts (citric acid) from
Belgium in the Federal Register.\1\ On September 3, 2020, pursuant to
section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
Commerce initiated an AD administrative review of the Order.\2\ During
the course of this administrative review, Citrique Belge responded to
Commerce's questionnaire and supplemental questionnaires. On March 13,
2021, Commerce extended the deadline for issuing the preliminary
results of this review.\3\ For further details, see the accompanying
Preliminary Decision Memorandum.\4\
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\1\ See Citric Acid and Certain Citrate Salts from Belgium,
Colombia and Thailand: Antidumping Duty Orders, 83 FR 35214 (July
25, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020).
\3\ See Memorandum, ``Citric Acid and Certain Citrate Salts from
Belgium: Antidumping Duty Administrative Review; 2019-2020 Extension
of Deadline for Preliminary Results,'' dated March 4, 2021.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Antidumping Duty Administrative Review:
Citric Acid and Certain Citrate Salts from Belgium,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by this 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.
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), 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 sub-headings are provided for convenience
and customs purposes, the written description of the merchandise is
dispositive. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.\5\
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\5\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price has been calculated in accordance with
section 772 of the Act and normal value was calculated in accordance
with section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum. A
list of the topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period July 1, 2019, through June
30, 2020:
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Estimated
weighted-
Exporter/producer average dumping
margin
(percent)
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S.A. Citrique Belge N.V................................ 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\6\ Pursuant to 19 CFR
351.309(c), interested parties may submit case briefs not later than 30
days after the date of publication of this notice. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the date for filing case briefs.\7\ Parties who submit
case briefs or rebuttal briefs in this proceeding are requested to
submit with each argument: (1) A statement of the issue, (2) a brief
summary of the argument, and (3) a table of authorities.\8\ Executive
Summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS \9\ and must be
served on interested parties.\10\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect)''); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See generally 19 CFR 351.303.
\10\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), 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. An electronically-filed request must be received successfully
in its entirely by 5:00 p.m. Eastern Time within 30 days of the date of
publication of this notice in the Federal Register.\11\ Requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of the issues to be discussed.
If a request for a hearing is made, Commerce intends to hold the
hearing at a time and date to be determined.\12\ Parties should confirm
the date, time and location of the hearing by telephone two days before
the scheduled date.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised in
any the written briefs, no later than 120 days after the date of
publication of this notice, unless otherwise extended.\13\
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\13\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If the weighted-average
dumping margin for Citrique Belge (i.e., the sole individually-examined
respondent in this review) is not zero or de minimis (i.e., greater
than or equal to 0.5 percent) in the final results of this review, we
will calculate importer-specific ad valorem assessment rates for the
merchandise based on the ratio of the total amount of dumping
calculated for the examined sales made during the POR to each importer
and the total entered value of those same sales, in accordance with 19
CFR 351.212(b)(1). Where an importer-specific ad valorem assessment
rate is zero or de minimis in the final results of the review, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\14\ If a respondent's weighted-average dumping
margin is zero or de
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minimis in the final results of the review, we will instruct CBP not to
assess duties on any of its entries in accordance with the Final
Modification for Reviews, i.e., ``{w{time} here the weighted-average
margin of dumping for the exporter is determined to be zero or de
minimis, no antidumping duties will be assessed.'' \15\
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\14\ See 19 CFR 351.106(c)(2).
\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by
Citrique Belge for which the producer did not know its merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company (or companies) involved in the transaction.\16\
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\16\ 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 will be effective upon
publication of the final results of this administrative review for all
shipments of the 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 Citrique Belge
will be equal to the weighted-average dumping margin established in the
final results of this administrative review, except if the rate is less
than 0.50 percent, and therefore de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously reviewed or investigated companies not listed above,
the cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, a prior review, or in the investigation but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be the all-others rate of 19.30 percent,
the rate established in the investigation of this proceeding.\17\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\17\ See Order, 83 FR at 35215.
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Notification to Importers
This notice serves as a preliminary 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 to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(1).
Dated: July 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Duty Absorption
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2021-15583 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 22, 2021.
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