Notice2023-16820
Citric Acid and Certain Citrate Salts From Thailand: Final 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
August 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Sunshine Biotech International Co., Ltd. made sales of subject merchandise at less than normal value (NV) during the July 1, 2021, through June 30, 2022, period of review (POR) and that COFCO Biochemical (Thailand) Co., Ltd. did not.
Full Text
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<title>Federal Register, Volume 88 Issue 150 (Monday, August 7, 2023)</title>
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[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52128-52129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16820]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Sunshine Biotech International Co., Ltd. made sales of subject
merchandise at less than normal value (NV) during the July 1, 2021,
through June 30, 2022, period of review (POR) and that COFCO
Biochemical (Thailand) Co., Ltd. did not.
DATES: Applicable August 7, 2023.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Alex Cipolla, 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) 482-4956,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 7, 2023, Commerce published the Preliminary Results.\1\ We
invited interested parties to comment on the Preliminary Results.\2\ 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; 2021-
2022, 88 FR 20856 (April 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Results, 88 FR at 20857.
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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 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
[[Page 52129]]
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), 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 Review
We determine that the following weighted-average dumping margins
exist for the period July 1, 2021, through June 30, 2022:
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Weighted-
average
Producer or exporter dumping margin
(percent)
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COFCO Biochemical (Thailand) Co., Ltd. (COFCO).......... 0.00
Sunshine Biotech International Co., Ltd................. 0.78
Xitrical Group Co., Ltd................................. 0.78
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Disclosure and Public Comment
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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The assessment rate for the company not selected for individual
examination (i.e., Xitrical Group Co. Ltd.) will be equal to the
weighted-average dumping margin identified in the final results of
review.
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.\5\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\5\ See Order, 83 FR at 35214.
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Notification to Importers
This notice 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 period of review. 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.
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
Commerce is issuing and publishing these final results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: July 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-16820 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 7, 2023.
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