Citric Acid and Certain Citrate Salts From Canada: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
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.
Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that citric acid and certain citrate salts (citric acid) from Canada is not being, or is not likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2025, through December 31, 2025. Interested parties are invited to comment on this preliminary determination.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 164 (Wednesday, August 26, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 164 (Wednesday, August 26, 2026)]
[Notices]
[Pages 55081-55083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17417]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-877]
Citric Acid and Certain Citrate Salts From Canada: Preliminary
Negative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that citric acid and certain citrate salts (citric acid)
from Canada is not being, or is not likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is January 1, 2025, through December 31, 2025. Interested parties
are invited to comment on this preliminary determination.
DATES: Applicable August 26, 2026.
FOR FURTHER INFORMATION CONTACT: Amber Hodak, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-8034.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on February
17, 2026.\1\ On May 26, 2026, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
August 19, 2026.\2\
---------------------------------------------------------------------------
\1\ See Citric Acid and Certain Citrate Salts from Canada and
India: Initiation of Less-Than-Fair-Value Investigations, 91 FR 7252
(February 17, 2026) (Initiation Notice).
\2\ See Citric Acid and Certain Citrate Salts from Canada and
India: Postponement of Preliminary Determinations of Less-Than-Fair-
Value Investigations, 91 FR 30620 (May 26, 2026).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II 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/frnotices">https://access.trade.gov/frnotices</a>.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Citric
Acid and Certain Citrate Salts from Canada dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is citric acid and
certain citrate salts from Canada. For a complete description of the
scope of this investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is preliminarily not modifying the scope
language as it appeared in the Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Constructed export prices have been calculated
in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
[[Page 55082]]
Preliminary Determination
For this preliminary determination, Commerce calculated a zero
estimated weighted-average dumping margin for the individually examined
producer and/or exporter of the subject merchandise. Consistent with
section 733(b)(3) of the Act, Commerce disregards zero and de minimis
rates and preliminarily determines that the individually examined
respondent with a zero or de minimis rate has not made sales of subject
merchandise at LTFV.
------------------------------------------------------------------------
Weighted-
average
Exporter/Producer dumping
margin
(percent)
------------------------------------------------------------------------
Jungbunzlauer Canada Inc.................................... 0.00
------------------------------------------------------------------------
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for any such
entries.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
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).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. A timeline for the submission of case briefs and
written comments will be notified to interested parties at a later
date. 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.\6\ 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.\7\
---------------------------------------------------------------------------
\6\ 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 Procedures).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\8\ 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 executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the 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).\9\
---------------------------------------------------------------------------
\8\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\9\ See APO and Service Procedures.
---------------------------------------------------------------------------
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 date of publication of this notice. Requests should contain
the party's name, address, and 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 intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of a
negative preliminary determination, a request for such postponement is
made by the petitioner(s). On July 14, 2026, pursuant to 19 CFR
351.210(e), the petitioners \10\ requested that Commerce postpone the
final determination.\11\ In accordance with section 735(a)(2)(B) of the
Act, because the preliminary determination is negative, and the
petitioner has requested the postponement of the final determination,
Commerce is postponing the final determination. Accordingly, Commerce
will make its final determination by no later than 135 days after the
date of publication of this preliminary determination, pursuant to
section 735(a)(2) of the Act.
---------------------------------------------------------------------------
\10\ The petitioners are Archer-Daniels-Midland Company;
Cargill, Incorporated; and Primary Ingredients Americas LLC.
\11\ See Petitioners' Letter, ``Petitioners' Request for
Postponement of the Final Determination,'' dated July 14, 2026.
---------------------------------------------------------------------------
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine 75 days after the final determination whether these imports
are materially injuring, or threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 19, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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. The scope also includes
blends of citric acid, sodium citrate, and potassium citrate, as
well as
[[Page 55083]]
blends with other ingredients, such as sugar, where the unblended
form(s) of citric acid, sodium citrate, and potassium citrate
constitute 40 percent or more, by weight, of the blend.
The scope also includes all forms of crude calcium citrate,
including dicalcium citrate monohydrate, and tricalcium citrate
tetrahydrate, which are intermediate products in the production of
citric acid, sodium citrate, and potassium citrate. The scope
includes the hydrous and anhydrous forms of citric acid, the
dihydrate and anhydrous forms of sodium citrate, otherwise known as
citric acid sodium salt, and the monohydrate and monopotassium forms
of potassium citrate. Sodium citrate also includes both trisodium
citrate and monosodium citrate which are also known as citric acid
trisodium salt and citric acid monosodium salt, respectively.
The scope includes merchandise matching the above description
that has been processed in a third country, including by
commingling, diluting, introducing or removing additives, or
performing any other processing that would not otherwise remove the
merchandise from the scope of the investigations if performed in the
subject country. The scope also includes merchandise matching the
above description that is commingled or blended with citric acid,
sodium citrate, and potassium citrate from sources not subject to
these investigations. Only the subject component of such commingled
products is covered by the scope of this investigation.
The scope does not include calcium citrate that satisfies the
standards set forth in the United States Pharmacopeia and has been
mixed with a functional excipient, such as dextrose or starch, where
the excipient constitutes at least two percent, by weight, of the
product.
Citric acid and sodium citrate are classifiable under
2918.14.0000 and 2918.15.1000 of the Harmonized Tariff Schedule of
the United States (HTSUS), respectively. Potassium citrate and crude
calcium citrate are classifiable under 2918.15.5000 and, if included
in a mixture or blend, 3824.99.9397 of the HTSUS. Blends that
include citric acid, sodium citrate, and potassium citrate are
classifiable under 3824.99.9397 of the HTSUS. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation
V. Discussion of the Methodology
VI. Particular Market Situation
VII. Multinational Corporation Provision
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2026-17417 Filed 8-25-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.