Notice2023-20589
Citric Acid and Certain Citrate Salts From Belgium: Preliminary Results of the Sunset Review of the Antidumping Duty Order
Primary source
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Published
September 22, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On June 1, 2023, the U.S. Department of Commerce (Commerce) initiated a sunset review of the antidumping duty (AD) order on citric acid and certain citrate salts (citric acid) from Belgium pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). Commerce determined that it was appropriate to conduct a full review. Commerce preliminarily finds that revocation of this AD order would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Preliminary Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 183 (Friday, September 22, 2023)</title>
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[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Notices]
[Pages 65365-65366]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20589]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-813]
Citric Acid and Certain Citrate Salts From Belgium: Preliminary
Results of the Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2023, the U.S. Department of Commerce (Commerce)
initiated a sunset review of the antidumping duty (AD) order on citric
acid and certain citrate salts (citric acid) from Belgium pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).
Commerce determined that it was appropriate to conduct a full review.
Commerce preliminarily finds that revocation of this AD order would be
likely to lead to continuation or recurrence of dumping at the levels
indicated in the ``Preliminary Results of Review'' section of this
notice.
DATES: Applicable September 22, 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.
Background
On June 1, 2023, Commerce published the Initiation Notice of the
sunset review of the Order \1\ in the Federal Register pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ In
accordance with 19 CFR 351.218(d)(1)(i) and (ii), Commerce received
notices of intent to participate in this sunset review from Archer
Daniels Midland Company, Cargill, Incorporated, and Primary Products
Ingredients Americas LLC (the domestic interested parties) within 15
days after the date of publication of the Initiation Notice.\3\ The
domestic interested parties claimed interested party status under
section 771(9)(C) of the Act as producers of a domestic like product in
the United States.\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 Five-Year (Sunset) Reviews, 88 FR 35832
(June 1, 2023) (Initiation Notice).
\3\ See Domestic Interested Parties Letters, ``Five Year
(``Sunset'') Review of the Antidumping Duty Order on Citric Acid and
Certain Citrate Salts from Belgium-Domestic Industry's Notice of
Intent to Participate,'' dated June 15, 2023.
\4\ Id.
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On June 30, 2023, Commerce received a substantive response from the
domestic interested parties within the 30-day deadline specified in 19
CFR 351.218(d)(3)(i).\5\ On July 3, 2023, Commerce received a
substantive response from Citribel nv (Citribel) within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i).\6\ Citribel claimed
interested party status under section 771(9)(A) of the Act, as a
foreign producer and foreign exporter of citric acid. On July 10, 2023,
Commerce received rebuttal comments from the domestic interested
parties within the deadline specified in 19 CFR 351.218(d)(4).\7\
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\5\ See Domestic Interested Parties' Letter, ``Domestic
Interested Party's Substantive Response,'' dated June 30, 2023
(Domestic Interested Parties' Substantive Response).
\6\ See Citribel's Letter, ``Citribel N.V.'s Substantive
Response,'' dated July 3, 2023 (Citribel's Substantive Response).
\7\ See Domestic Interested Parties' Letter, ``Domestic
Industry's Rebuttal to Citribel N.V.'s Substantive Response,'' dated
July 10, 2023 (Domestic Interested Parties' Rebuttal).
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[[Page 65366]]
On July 25, 2023, Commerce notified the U.S. International Trade
Commission (ITC) that it received an adequate substantive response from
the respondent interested party and that, in accordance with 19 CFR
351.218(e)(2), it would conduct a full sunset review of the Order.\8\
For further details, see the Preliminary Decision Memorandum.\9\
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\8\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1,
2023,'' dated July 25, 2023.
\9\ See Memorandum, ``Preliminary Decision Memorandum for the
Preliminary Results of Sunset Review of the Antidumping Duty Order
on 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. For a full description of the scope of the Order, see
the Preliminary Decision Memorandum.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
Preliminary Decision Memorandum, including the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
of dumping likely to prevail if the Order is revoked.\10\ 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>.
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\10\ Id.
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Preliminary Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to continuation or recurrence of dumping at weighted-average
dumping margins up to 19.30 percent.
Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of the preliminary results of this full
sunset review, in accordance with 19 CFR 351.309(c)(1)(i). 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.\11\
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.\12\ 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.\13\ 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.\14\ 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.\15\ 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 351.309(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).
\12\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
\13\ See Temporary Rule.
\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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In accordance with section 751(c)(5)(A) of the Act and 19 CFR
351.218(f)(3), Commerce intends to issue the final results of this
sunset review, including the results of our analysis of the issues
raised in any the written briefs, no later than 240 days after the date
of publication of the notice of initiation (i.e., no later than January
29, 2024), unless otherwise extended an additional 90 days pursuant to
section 751(c)(5)(B) of the Act and 19 CFR 351.218(f)(3)(ii).
This five-year sunset review and notice are in accordance with
sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR
351.218(f)(1).
Dated: September 15, 2023.
Lisa W. Wang,
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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of Margin of Dumping Likely To Prevail
VII. Recommendation
[FR Doc. 2023-20589 Filed 9-21-23; 8:45 am]
BILLING CODE 3510-DS-P
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