Notice2023-16201
Citric Acid and Certain Citrate Salts From Belgium: 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 31, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on citric acid and certain citrate salts (citric acid) from Belgium. We preliminarily determine that Citribel nv. (Citribel), formerly S.A. Citrique Belge N.V. (Citrique Belge), sold subject merchandise in the United States at prices below normal value during the July 1, 2021, through June 30, 2022, period of review (POR). We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 145 (Monday, July 31, 2023)</title>
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[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49442-49443]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16201]
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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; 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 (AD) order on citric acid
and certain citrate salts (citric acid) from Belgium. We preliminarily
determine that Citribel nv. (Citribel), formerly S.A. Citrique Belge
N.V. (Citrique Belge), sold subject merchandise in the United States at
prices below normal value during the July 1, 2021, through June 30,
2022, period of review (POR). We invite interested parties to comment
on these preliminary results.
DATES: Applicable July 31, 2023.
FOR FURTHER INFORMATION CONTACT: Deborah Cohen, 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) 482-4521.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2018, Commerce published the AD order on citric acid
from Belgium 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 AD administrative review of the Order with
respect to one company, Citribel.\2\ During the course of this
administrative review, Citribel responded to Commerce's questionnaire
and supplemental questionnaires. On March 1, 2023, Commerce extended
the deadline for issuing the preliminary results of this review to July
28, 2023.\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, 87 FR 54463 (September 6, 2022). Immediately
prior to the initiation of this review, on July 29, 2022, Commerce
completed a changed circumstances review, in which we determined
that Citribel nv. is the successor-in-interest to S.A. Citrique
Belge N.V., the sole respondent in all prior administrative reviews
and the investigation of the Order. As a result, Citribel nv. is
accorded the same AD cash deposit treatment as Citrique Belge with
respect to subject merchandise. See Citric Acid and Certain Citrate
Salts from Belgium: Final Results of Antidumping Duty Changed
Circumstances Review, 87 FR 45750 (July 29, 2022) (Citric Acid
Belgium CCR). As this name change occurred during the period of
review and, thus, entries subject to this administrative review were
made using both company names, both company names were listed in the
Initiation Notice. Nevertheless, S.A. Citrique Belge N.V. and
Citribel nv. represent the same respondent entity.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated March 1, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Citric Acid
and Certain Citrate Salts from Belgium; 2020-2021,'' 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.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Commerce calculated export price in accordance with
section 772(a) 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. See the
appendix to this notice for a complete list of the topics discussed in
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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed at
<a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of the 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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Citribel nv......................................... 8.22
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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.\5\ Interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review in the Federal Register.\6\ 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 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. Note that
Commerce has temporarily modified certain portions of its requirements
for serving documents containing business proprietary information,
until further notice.\9\
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ 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).
\8\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 351.303
(for general filing requirements).
\9\ See Temporary Rule.
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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.\10\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3)
[[Page 49443]]
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.\11\ Parties should confirm the date, time and location of
the hearing by telephone two days before the scheduled date.
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\10\ See 19 CFR 351.310(c).
\11\ 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.\12\
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\12\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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 Citribel (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).\13\ 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 Citribel's weighted-
average dumping margin is zero or de 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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\13\ As explained above, we determined that Citribel is the
successor-in-interest to Citrique Belge. See Citric Acid Belgium
CCR. This name change occurred during the period of review; thus,
entries subject to this administrative review were made using both
company names. Accordingly, we intend to issue assessment
instructions covering entries produced and exported by both Citrique
Belge and Citribel during the POR at the rate established in the
final results.
\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
Citribel 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 (i.e., 19.30 percent) \16\ if
there is no rate for the intermediate company (or companies) involved
in the transaction.\17\
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\16\ See Order, 83 FR at 35215.
\17\ 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 Citribel 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 less-than-fair-value investigation of this
proceeding.\18\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\18\ 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. Application of Facts Available and Use of Adverse Inferences
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-16201 Filed 7-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 31, 2023.
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