Notice2024-12349
Citric Acid and Certain Citrate Salts From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2022-2023
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
June 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that RZBC Group Co., Ltd., RZBC Co., Ltd., RZBC Import & Export Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively, RZBC) did not make sales of citric acid and certain citrate salts (citric acid) from the People's Republic of China (China) at less than normal value during the period of review (POR) May 1, 2022, through April 30, 2023. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 89 Issue 110 (Thursday, June 6, 2024)</title>
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[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48377-48379]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12349]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-937]
Citric Acid and Certain Citrate Salts From the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that RZBC Group Co., Ltd., RZBC Co., Ltd., RZBC Import &
Export Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively, RZBC) did
not make sales of citric acid and certain citrate salts (citric acid)
from the People's Republic of China (China) at less than normal value
during the period of review (POR) May 1, 2022, through April 30, 2023.
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable June 6, 2024.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5831.
SUPPLEMENTARY INFORMATION:
Background
On May 29, 2009, Commerce published in the Federal Register the
antidumping duty order on citric acid from China.\1\ On May 2, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On July 12, 2023,
based on a timely request for an administrative review, Commerce
initiated the administrative review of the Order.\3\ The administrative
review covers a single mandatory respondent, RZBC.\4\
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\1\ See Citric Acid and Certain Citrate Salts from Canada and
the People's Republic of China: Antidumping Duty Orders, 74 FR 25703
(May 29, 2009) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection,'' dated July 28,
2023.
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On January 4, 2024, Commerce extended the deadline for these
preliminary results until May 30, 2024.\5\ For a complete description
of the events that occurred since the initiation of this review, see
the Preliminary Decision Memorandum.\6\ 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>. A list of topics
discussed in the Preliminary Decision Memorandum is included in an
appendix to this notice. In addition, a complete version of the
Preliminary Decision Memorandum can be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
4, 2024.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review of Citric Acid
and Certain Citrate Salts from the People's Republic of China; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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[[Page 48378]]
Scope of the Order
The product covered by this Order is citric acid from China. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.\7\
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\7\ Id.
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China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\8\ Under this
policy, the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity in
this review, the entity is not under review, and the entity's
assessment rate (i.e., 156.87 percent) is not subject to change.\9\
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\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\9\ See Order.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) Tariff Act of 1930, as amended (the Act). For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists for the administrative review
covering the period May 1, 2022, through April 30, 2023:
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Weighted-average
Exporter dumping margin
(percent)
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RZBC Group Co., Ltd., RZBC Co., Ltd., RZBC Import 0.00
& Export Co., Ltd., and RZBC (Juxian) Co., Ltd...
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).\10\
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\10\ See 19 CFR 351.224(b)
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As stated below, Commerce intends to verify the information upon
which it will rely in making its final determination. Interested
parties may submit case briefs within seven days after issuance of the
verification report. Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\11\ Pursuant to 19 CFR 351.309(d)(2), rebuttal
briefs must be limited to issues raised in the case briefs.\12\
Interested parties who submit case briefs or rebuttal briefs in this
proceeding must submit: (1) table of contents listing each issue; and
(2) a table of authorities.\13\
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\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings,88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\13\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide, at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\14\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final 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, U.S. Department of Commerce, within 30 days
after the publication of this notice. Requests should contain the
party's name, address, telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce will
announce the date and time of the hearing.
Verification
As provided in section 782(i)(3) of the Act, we intend to verify
the information upon which we will rely in determining our final
results of review with respect to the mandatory respondent, RZBC.
Final Results of Review
Unless extended, Commerce intends to issue the final results of
this review, including the results of its analysis of the issues raised
in any written briefs, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\16\
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\16\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates.\17\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
aggregating the amount of dumping calculated for all U.S. sales to the
importer/customer and dividing this amount by the total entered value
of the merchandise sold to the importer/customer.\18\ Where the
respondent did not report entered values, Commerce
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will calculate importer/customer-specific assessment rates by dividing
the amount of dumping for reviewed sales to the importer/customer by
the total quantity of those sales. Commerce will calculate an estimated
ad valorem importer/customer-specific assessment rate to determine
whether the per-unit assessment rate is de minimis; however, Commerce
will use the per-unit assessment rate where entered values were not
reported.\19\ Where an importer/customer-specific ad valorem assessment
rate is not zero or de minimis, Commerce will instruct CBP to collect
the appropriate duties at the time of liquidation. Where either the
respondent's weighted average dumping margin is zero or de minimis, or
an importer/customer-specific ad valorem assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\20\
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\17\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\18\ See 19 CFR 351.212(b)(1).
\19\ Id.
\20\ See Final Modification, 77 FR at 8103.
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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). In accordance with section 751(a)(2)(C) of the
Act, 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
antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for the subject merchandise
exported by the company listed above that has a separate rate, the cash
deposit rate will be equal to the weighted-average dumping margin
established in the final results of this administrative review (except,
if the rate is zero or de minimis, then zero cash deposit will be
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
China-wide entity; and (4) for all non-Chinese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
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 and/or countervailing duties
prior to liquidation of the relevant entries during this POR. 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
Commerce is issuing and publishing these preliminary results of
this review in accordance with sections 751(a)(1)(B), 751(a)(3) and
777(i) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4).
Dated: May 30, 2024.
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. Discussions of the Methodology
V. Adjustment Under Section 777A(f) of the Act
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-12349 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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