Notice2024-16641
Citric Acid and Certain Citrate Salts From Colombia: Preliminary Results of 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
July 29, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Sucroal S.A. (Sucroal) did not sell citric acid and certain citrate salts (citric acid) from Colombia at less than normal value (NV) during the period of review (POR), July 1, 2022, through June 30, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 145 (Monday, July 29, 2024)</title>
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[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Notices]
[Pages 60867-60869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16641]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-301-803]
Citric Acid and Certain Citrate Salts From Colombia: Preliminary
Results of 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 finds
that Sucroal S.A. (Sucroal) did not sell citric acid and certain
citrate salts (citric acid) from Colombia at less than normal value
(NV) during the period of review (POR), July 1, 2022, through June 30,
2023. We invite interested parties to comment on these preliminary
results.
DATES: Applicable July 29, 2024.
FOR FURTHER INFORMATION CONTACT: T.J. Worthington, 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) 482-4567.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2018, Commerce published in the Federal Register the
antidumping duty (AD) order on citric acid from Colombia.\1\ On July 3,
2023, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
September 11, 2023, based on timely requests for review, in accordance
with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative
review of the Order covering one company.\3\ Pursuant to section
751(a)(3)(A) of the Act, Commerce extended the deadline for the
preliminary results until July 30, 2024.\4\ On July 22, 2024, Commerce
tolled certain deadlines in this proceeding by seven days.\5\ The
deadline for the preliminary results is now August 6, 2024.
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023).
\4\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated May 21, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\6\ A
list of topics included in the Preliminary Decision Memorandum is
included in 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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Citric Acid
and Certain Citrate Salts from Colombia; 2022-2023,'' dated
concurrently with, and adopted by, this notice (Preliminary Decision
Memorandum).
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[[Page 60868]]
Scope of the Order
The merchandise subject to the Order is citric acid from Colombia.
For a complete description of the scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price is calculated in accordance with
section 772 of the Act. NV is calculated in accordance with section 773
of the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margin exists for the period July 1, 2022, through June 30, 2023:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Sucroal S.A................................................. 0.00
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after the date of publication of this notice in the Federal
Register.\7\ Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs to Commerce no later than 30 days after the date of
publication of this notice. 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.\8\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\9\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d).
\9\ See 19 351.309(c)(2) and (d)(2).
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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.\10\ 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 of 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).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Assessment Rates
Upon completion of this administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, ADs on all appropriate entries of
subject merchandise.
If the weighted-average dumping margin for Sucroal (i.e., the sole
individually-examined respondent in this review) is not zero or de
minimis (i.e., less than 0.50 percent) in the final results of this
review, we will calculate importer-specific ad valorem AD assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). If the respondent has
not reported entered values, we will calculate 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. To determine whether an importer-
specific, per-unit assessment rate is de minimis, in accordance with 19
CFR 351.106(c)(2), we also will calculate an importer-specific ad
valorem ratio based on estimated entered values. Where either a
respondent's weighted average dumping margin is zero or de minimis, or
an importer-specific ad valorem assessment rate is zero or de minimis,
we intend to instruct CBP to liquidate appropriate entries without
regard to ADs.\12\
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\12\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by
Sucroal for which the producer did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate such
entries at the all-others rate (i.e., 28.48 percent) if there is no
rate for the intermediate company(ies) involved in the transaction.\13\
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\13\ See Order, 83 FR at 35215; see also 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 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 Sucroal 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 rates will be zero; (2)
for previously reviewed or investigated companies not participating in
this review, 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 producer or exporter participated; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original investigation but the producer is, the cash deposit rate will
be the rate
[[Page 60869]]
established for the most recently completed segment of this proceeding
for the producer of the subject merchandise; and (4) the cash deposit
rate for all other producers or exporters will continue to be the all-
others rate of 28.48 percent.\14\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\14\ See Order, 83 FR at 35215.
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also 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 ADs 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 ADs occurred and the subsequent assessment of doubled ADs.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: July 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-16641 Filed 7-26-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 29, 2024.
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