Notice2023-16032
Citric Acid and Certain Citrate Salts From Colombia: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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 28, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on citric acid and certain citrate salts (citric acid) from Colombia. We preliminarily determine that Sucroal S.A. (Sucroal) sold subject merchandise in the United States at prices below normal value during the period of review (POR), July 1, 2021, through June 30, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 144 (Friday, July 28, 2023)</title>
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[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48794-48795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16032]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-301-803]
Citric Acid and Certain Citrate Salts From Colombia: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on citric acid and
certain citrate salts (citric acid) from Colombia. We preliminarily
determine that Sucroal S.A. (Sucroal) sold subject merchandise in the
United States at prices below normal value during the period of review
(POR), July 1, 2021, through June 30, 2022. We invite interested
parties to comment on these preliminary results.
DATES: Applicable July 28, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-0012.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2018, Commerce published the antidumping duty order on
citric acid from Colombia in the Federal Register.\1\ On September 6,
2022, pursuant to section 751(a)(1) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated an administrative review of the
Order.\2\ On March 6, 2023, Commerce extended the deadline for issuing
the preliminary results of this review to July 28, 2023.\3\ For a
complete description of the events that followed the initiation of this
administrative review, see the 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, 87 FR 54463 (September 6, 2022).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 6,
2023.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Citric Acid and Certain Citrate Salts from Colombia; 2021-2022,''
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. 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. Commerce calculated export price in accordance with
section 772 of the Act, and normal value 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 topics
discussed in the Preliminary Decision Memorandum is included as the
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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period July 1, 2021, through June
30, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Sucroal S.A................................................. 6.10
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Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice.\6\ Interested parties may comment on the
preliminary results of this review by submitting case briefs no later
than 30 days after the date of publication of these preliminary results
of review in the Federal Register.\7\ 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.\8\ 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.\9\ Executive summaries
should be limited to five pages total, including footnotes. Case and
rebuttal briefs should be filed using ACCESS.\10\ Note that Commerce
has temporarily modified certain portions of its requirements for
serving documents containing business proprietary information, until
further notice.\11\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See generally 19 CFR 351.303.
\11\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, 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.\12\ 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.\13\ Parties should confirm
the date, time, and location of the hearing by telephone two days
before the scheduled date.
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\12\ See 19 CFR 351.310(c).
\13\ 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
case briefs, no later than 120 days after the date of publication of
this notice, unless otherwise extended, pursuant to 751(a)(3)(A) of the
Act.
Assessment Rates
Upon issuance of the final results of this 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 Sucroal (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, then we will calculate importer-specific ad
valorem assessment rates for the
[[Page 48795]]
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 either a respondent's weighted-average dumping
margin is zero or de minimis, or 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\
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\14\ See 19 CFR 351.106(c)(2) see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by
Sucroal 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.\15\
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\15\ 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 Sucroal 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 28.48 percent,
the rate established in the investigation of this proceeding.\16\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\16\ 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
351.221(b)(4).
Dated: July 24, 2023.
Abdelali Elouaradia,
Deputy 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. Currency Conversion
VII. Recommendation
[FR Doc. 2023-16032 Filed 7-27-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 28, 2023.
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