Notice2022-07577
Citric Acid and Certain Citrate Salts From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
Primary source
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Published
April 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that certain producers/exporters subject to this administrative review did not make sales of subject merchandise at less than normal value (NV) during the July 1, 2020, through June 30, 2021, period of review (POR). Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20820-20821]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07577]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-833]
Citric Acid and Certain Citrate Salts From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers/exporters subject to this administrative review
did not make sales of subject merchandise at less than normal value
(NV) during the July 1, 2020, through June 30, 2021, period of review
(POR). Interested parties are invited to comment on these preliminary
results of review.
DATES: Applicable April 8, 2022.
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 September 7, 2021, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on citric acid and certain citrate
salts (citric acid) from Thailand for the POR.\1\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation
Notice).
\2\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Citric Acid and
Certain Citrate Salts from Thailand; 2020-2021,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Citric Acid and Certain Citrate Salts from Belgium,
Colombia, and Thailand: Antidumping Duty Orders, 83 FR 35214 (July
25, 2018) (Order).
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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.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. NV is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2020,
through June 30, 2021:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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COFCO Biochemical (Thailand) Co., Ltd. (COFCO).............. 0.00
Sunshine Biotech International Co., Ltd..................... 0.00
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Assessment Rates
Upon issuing the final results, 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
companies listed above are not zero or de minimis (i.e., less than 0.5
percent), we will calculate importer-specific ad valorem AD assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\4\ We will instruct CBP
to assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is above de minimis (i.e., 0.5 percent).
Where either the respondent's weighted-average dumping margin is zero
or de minimis, 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. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review and for
future deposits of estimated duties, where applicable.\5\
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\4\ In the preliminary results, Commerce applied the assessment
rate calculation method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101 (February 14, 2012).
\5\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent which did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate entries not reviewed
at the all-others rate established in the original less-than-fair value
(LTFV) investigation (i.e., 11.25 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.
[[Page 20821]]
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 deposit requirements will be effective 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 the companies
listed above will be that established in the final results of this
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 investigated or
reviewed companies not covered in this review, the cash deposit rate
will continue to be the company-specific cash deposit 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, or the less-than-fair-value (LTFV) investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 11.25 percent, the all-others rate
established in the LTFV investigation.\6\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\6\ See Order.
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\7\
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\7\ See 19 CFR 351.224(b).
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Verification
On December 14, 2021, Commerce received a request from the
petitioners to conduct verification of the responses in this
administrative review.\8\ Commerce is currently unable to conduct on-
site verification of the information relied upon for the final results
of this review. Accordingly, we intend to take additional steps in lieu
of on-site verification. Commerce will notify interested parties of any
additional documentation or information required.
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\8\ See Petitioners' Letter, ``Petitioners' Request for
Verification,'' dated December 14, 2021.
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. A timeline for the
submission of case briefs and written comments will be provided to
interested parties at a later date. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the time limit for filing case briefs.\9\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\10\ Case and rebuttal
briefs should be filed using ACCESS.\11\
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\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
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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 within 30 days after the date of publication of this notice.\12\
Hearing requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, parties will be notified of the time and date for the
hearing.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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Final Results
Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\14\
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\14\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 4, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2022-07577 Filed 4-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 8, 2022.
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