Notice2025-15923
Citric Acid and Certain Citrate Salts From Thailand: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2023-2024
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Published
August 20, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily 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 period of review (POR) July 1, 2023, through June 30, 2024. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 159 (Wednesday, August 20, 2025)</title>
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[Federal Register Volume 90, Number 159 (Wednesday, August 20, 2025)]
[Notices]
[Pages 40561-40563]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15923]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-833]
Citric Acid and Certain Citrate Salts From Thailand: Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
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 period of review (POR) July 1, 2023,
through June 30, 2024. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable August 20, 2025.
FOR FURTHER INFORMATION CONTACT: Joy Zhang, 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.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2018, Commerce published in the Federal Register the AD
order on citric acid and certain citrate salts (citric acid) from
Thailand.\1\ On July 1, 2024, we published in the Federal Register a
notice of opportunity to request an administrative review of the Order
for the POR.\2\ On August 14, 2024, based on timely requests for an
administrative review, Commerce initiated an administrative review of
the Order.\3\ On September 17, 2024, Commerce selected COFCO
Biochemical (Thailand) Co., Ltd. (COFCO) and Sunshine Biotech
International Co., Ltd. (Sunshine) for individual examination as the
mandatory respondents in this administrative review.\4\ On December 9,
2024, Commerce tolled certain deadlines in this administrative
proceeding by 90 days.\5\ On June 10, 2025, Commerce extended the
deadline for the preliminary results of this review by 59 days, until
August 29, 2025. For a complete description of the events following the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\6\
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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, 89 FR 54437 (July 1,
2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 66035 (August 14, 2024).
\4\ See Memorandum, ``Respondent Selection,'' dated September
17, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Circular Welded Carbon Steel Pipes and Tubes from Thailand; 2023-
2024,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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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>.
Scope of the Order
The products covered by the Order are citric acid from Thailand.
For a complete description of the scope of this Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated export price and NV in accordance with sections 772 and 773
of the Act, respectively. For a complete description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Examined Company
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
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 examination 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 review, we preliminarily calculated dumping margins of zero
percent for both COFCO and Sunshine. Consistent with the U.S. Court of
Appeals for the Federal Circuit's decision in Albemarle,\7\ and
Commerce's practice,\8\ we preliminarily assigned to the non-selected
company a zero percent rate, based on the rates calculated for the two
mandatory respondents.
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\7\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
\8\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021, 87 FR 60989 (October 7, 2022),
unchanged in Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2020-2021, 88 FR 20218 (April 5, 2023).
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Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average
[[Page 40562]]
dumping margins exist for the period July 1, 2023, through June 30,
2024:
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Weighted-
average
Producer or 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
We intend to disclose the calculations and analysis performed for
these preliminary results to interested parties 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 the Federal Register
in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\9\ 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.\10\ Interested parties who
submit case or rebuttal briefs in this administrative review must
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.\11\
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\9\ See 19 CFR 351.309.
\10\ 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).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided to 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 administrative 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.\12\ Further, we request that interested parties limit their
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.
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance via ACCESS within 30 days after the date of
publication of this notice. Hearing requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of issues to be discussed. Issues raised at the hearing will be
limited to those raised in the case and rebuttal briefs. If a hearing
request is made, parties will be notified of the date and time of the
hearing.\13\ Parties should confirm the date and time of the hearing
two days before the scheduled date.
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\13\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\14\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. 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\ See 19 CFR 351.303.
\15\ See APO and Service Final Rule.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon completion of the
final results of this administrative review, Commerce shall determine
and CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise covered by this review.\16\ If the weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50 percent)
for COFCO or Sunshine in the final results of this review, we will
calculate importer-specific ad valorem assessment rates on the basis of
the ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\17\ If the respondents' weighted-
average dumping margin or an importer-specific assessment rate is zero
or de minimis in the final results of review, we intend to instruct CBP
to liquidate relevant entries without regards to antidumping
duties.\18\
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\16\ See 19 CFR 351.212(b)(1).
\17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\18\ Id., 77 FR at 8102; see also 19 CFR 351.106(c)(2).
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For the company which was not selected for individual examination,
Xitrical Group Co. LTD, we will instruct CBP to assess antidumping
duties at an ad valorem assessment rate equal to the company-specific
weighted-average dumping margin determined in the final results.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by COFCO and
Sunshine for which it did not know that the merchandise was destined to
the United States, we will instruct CBP to liquidate those entries at
the all-others rate established in the original less-than-fair value
(LTFV) investigation (i.e., 11.25 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\19\
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\19\ For a full discussion of this practice, see 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 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 review (except, if that rate is de minimis within the meaning
of 19 CFR 351.106(c)(1), then the cash deposit rate will be zero); (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
[[Page 40563]]
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.\20\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\20\ See Order.
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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 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.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: August 14, 2025.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2025-15923 Filed 8-19-25; 8:45 am]
BILLING CODE 3510-DS-P
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