Notice2024-28023
Citric Acid and Certain Citrate Salts From Thailand: Final 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
November 29, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers/exporters subject to this administrative review did not make sales of subject merchandise at less than normal value (NV) during the July 1, 2022, through June 30, 2023, period of review (POR).
Full Text
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<title>Federal Register, Volume 89 Issue 230 (Friday, November 29, 2024)</title>
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[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94706-94707]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28023]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers/exporters subject to this administrative review did
not make sales of subject merchandise at less than normal value (NV)
during the July 1, 2022, through June 30, 2023, period of review (POR).
DATES: Applicable November 29, 2024.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Anjali Mehindiratta, 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)
482-9127, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2024, Commerce published the preliminary results of
the 2022-2023 administrative review of the antidumping duty order on
citric acid and certain citrate salts (citric acid) from Thailand \1\
in the Federal Register and invited interested parties to comment.\2\
We received no comments from interested parties on the Preliminary
Results, and we have made no changes to the Preliminary Results.
Accordingly, no decision memorandum accompanies this Federal Register
notice. The Preliminary Results are hereby adopted in these final
results. Commerce conducted this administrative 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,
Colombia and Thailand: Antidumping Duty Orders, 83 FR 35214 (July
25, 2018) (Order).
\2\ See Citric Acid and Certain Citrate Salts from Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023, 89 FR 62718 (August 1, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
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Scope of the Order
The products covered by this Order include 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.
Rate for Non-Selected Company
The Act and Commerce's regulations do not directly address the
establishment of a rate to be applied to individual companies not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual review in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this administrative review, we calculated dumping margins of
zero percent for both mandatory respondents: COFCO Biochemical
(Thailand) Co., Ltd. (COFCO) and Sunshine Biotech International Co.,
Ltd. (Sunshine). Thus, in accordance with the expected method, and
consistent with the U.S. Court of Appeals for the Federal Circuit's
decision in Albemarle,\3\ we assign to Xitrical Group Co. LTD., the
sole non-selected company under review, a zero percent rate, based on
the rates calculated for the two mandatory respondents.
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\3\ See Albemarle Corp. v. United States, 821 F.3d 1345, 1352
(Fed. Cir. 2016) (Albemarle) (holding that Commerce may only use
``other reasonable methods'' if it reasonably concludes that the
expected method is ``not feasible'' or ``would not be reasonably
reflective of potential dumping margins'').
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period July 1, 2022, through June 30, 2023:
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Weighted-
Average
Producer/exporter dumping
margin
(percent)
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COFCO Biochemical (Thailand) Co., Ltd....................... 0.00
Sunshine Biotech International Co., Ltd..................... 0.00
Xitrical Group Co. LTD...................................... 0.00
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Disclosure
Normally, Commerce discloses to interested parties the calculations
of the final results of an administrative review within five days of a
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because we have made no changes to the Preliminary Results, there are
no calculations to disclose.
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b), upon completion of the administrative review, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries of subject
merchandise covered this review. Because the respondents' weighted-
average dumping margins or importer-specific assessment rates are zero
or de minimis in the final results of review, we intend to instruct CBP
to liquidate entries without regard to antidumping duties.\4\ The final
results of this
[[Page 94707]]
administrative 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.\5\
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\4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102-03 (February 14,
2012); see also 19 CFR 351.106(c)(2).
\5\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent which did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate entries not reviewed
at the all-others rate established in the original less-than-fair value
(LTFV) investigation (i.e., 11.25 percent) \6\ if there is no rate for
the intermediate company(ies) involved in the transaction.
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\6\ See Order, 83 FR at 35215.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these 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 cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of citric acid from Thailand
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided for by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for the companies listed above will be equal
to the weighted-average dumping margin established in the final results
of this administrative review (i.e., 0.00 percent); (2) for merchandise
exported by a company 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 in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review or another completed segment of this proceeding,
but the producer is, then the cash deposit rate will be the company-
specific rate established for the completed segment for the most recent
period for the producer of the merchandise; and (4) the cash deposit
rate for all other producers or exporters will continue to be 11.25
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\ Id.
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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 the 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.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or destruction 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 terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
Commerce is issuing and publishing the final results of this review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: November 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-28023 Filed 11-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 29, 2024.
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