Notice2023-28783
Citric Acid and Certain Citrate Salts From Belgium: 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
December 29, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Citribel nv. (Citribel), a producer/exporter subject to this administrative review, made sales of citric acid and certain citrate salts (citric acid) from Belgium at less than normal value. The period of review (POR) is July 1, 2021, through June 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 249 (Friday, December 29, 2023)</title>
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[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90167-90168]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28783]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-813]
Citric Acid and Certain Citrate Salts From Belgium: 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
Citribel nv. (Citribel), a producer/exporter subject to this
administrative review, made sales of citric acid and certain citrate
salts (citric acid) from Belgium at less than normal value. The period
of review (POR) is July 1, 2021, through June 30, 2022.
DATES: Applicable December 29, 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 31, 2023, Commerce published the preliminary results of the
2021-2022 administrative review of the antidumping duty order on citric
acid from Belgium, covering one producer/exporter of subject
merchandise, Citribel, and invited interested parties to comment.\1\ On
August 30, 2023, Archer Daniels Midland Company, Cargill, Incorporated,
and Primary Products Ingredients Americas LLC (collectively, the
petitioners), and Citribel timely submitted case briefs regarding
Commerce's Preliminary Results.\2\ On September 6, 2023, the
petitioners timely submitted a rebuttal case brief.\3\ For a summary of
the events that occurred since Commerce published the Preliminary
Results, see the Issues and Decision Memorandum.\4\ Commerce conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).
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\1\ See Citric Acid and Certain Citrate Salts from Belgium:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 49442 (July 31, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
August 30, 2023; see also Citribel's Letter, ``Citribel N.V. Case
Brief,'' dated August 30, 2023.
\3\ See Petitioners' Letter, ``Petitioners' Rebuttal Brief,''
dated September 6, 2023.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Citric Acid and Certain Citrate Salts from Belgium; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Issues and 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 Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and 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 Issues and Decision Memorandum can
be accessed at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and analysis of the comments
received, we made changes to the preliminary weighted-average dumping
margin for Citribel. For detailed information, see the Issues and
Decision Memorandum.
Final Results of Review
Commerce determines that, for the period of July 1, 2021, through
June 30, 2022, the following estimated weighted-average dumping margin
exists:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Citribel nv............................................. 9.13
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Disclosure
We intend to disclose the calculations performed for these final
results to parties in this review within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) 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
[[Page 90168]]
merchandise in accordance with the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
those sales. Where the respondent did not report entered value, we
calculated a per-unit assessment rate for each importer by dividing the
total amount of dumping calculated for the examined sales made to that
importer by the total quantity associated with those sales. Where
either the respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), 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.\5\ For entries of subject merchandise during the POR produced
by Citribel for which it 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(ies) involved in the transaction.
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\5\ In these final 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 Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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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.\6\ 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).
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\6\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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 company listed above will be
equal to the weighted-average dumping margin established in the final
results of this administrative review; (2) for merchandise exported by
producers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the producer has been
covered in a prior complete segment of this proceeding, then the cash
deposit rate will be the rate established for the most recent period
for the producer of the merchandise; (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 19.30 percent, the
all-others rate established in the less-than-fair-value
investigation.\7\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\7\ See Citric Acid and Certain Citrate Salts from Belgium:
Affirmative Final Determination of Sales at Less Than Fair Value, 83
FR 26001 (June 5, 2018).
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Notification to Importers
This notice also 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 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 return/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
We are issuing and publishing these final results of administrative
review in accordance with section 751(a)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: December 22, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Use Citribel's Quarterly
Costs
Comment 2: Whether Commerce Should Match Citribel's Sales Within
the Same Quarter
Comment 3: Ministerial Error--Currency Conversion for
International Freight Expenses
VI. Recommendation
[FR Doc. 2023-28783 Filed 12-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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