[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25705-25706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12642]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-938]


Citric Acid and Certain Citrate Salts From the People's Republic 
of China: Notice of Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission 
(``ITC''), the Department is issuing a countervailing duty order on 
citric acid and certain citrate salts (``citric acid'') from the 
People's Republic of China (``PRC''). On May 22, 2009, the ITC notified 
the Department of its affirmative determination of material injury to a 
U.S. industry. See Citric Acid and Certain Citrate Salts from Canada 
and China, USITC Pub. 4076, Investigation Nos. 701-TA-456 and 731-TA-
1151-1152 (Final) (May 2009).

DATES: Effective Date: May 29, 2009.

FOR FURTHER INFORMATION CONTACT: David Neubacher or Shelly Atkinson, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5823 and (202) 482-0116, respectively.

Background

    On April 13, 2009, the Department published its final determination 
in the countervailing duty investigation of citric acid from the PRC. 
See Citric Acid and Certain Citrate Salts From People's Republic of 
China: Final Affirmative Countervailing Duty Determination, 74 FR 16836 
(April 13, 2009).
    On May 22, 2009, the ITC notified the Department of its final 
determination pursuant to section 705(b)(1)(A)(i) of the Tariff Act of 
1930, as amended (``the Act''), that an industry in the United States 
is materially injured by reason of subsidized imports of subject 
merchandise from the PRC. See Citric Acid and Certain Citrate Salts 
from Canada and China, USITC Pub. 4076, Investigation Nos. 701-TA-456 
and 731-TA-1151-1152 (Final) (May 2009).

Scope of the Order

    The scope of this order 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 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 of this order 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 of this order 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 2 percent, by weight, of the 
product. The scope of this order 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. 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.

[[Page 25706]]

Potassium citrate and crude calcium citrate are classifiable under 
2918.15.5000 and 3824.90.9290 of the HTSUS, respectively. Blends that 
include citric acid, sodium citrate, and potassium citrate are 
classifiable under 3824.90.9290 of the HTSUS. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.

Countervailing Duty Order

    On May 22, 2009, in accordance with section 705(d) of the Act, the 
ITC notified the Department of its final determination that the 
industry in the United States producing citric acid is materially 
injured within the meaning of section 705(b)(1)(A)(i) of the Act by 
reason of subsidized imports of citric acid from the PRC.
    Therefore, countervailing duties will be assessed on all 
unliquidated entries of citric acid from the PRC entered, or withdrawn 
from warehouse, for consumption on or after September 19, 2008, the 
date on which the Department published its preliminary affirmative 
countervailing duty determination in the Federal Register,\1\ and 
before January 17, 2009, the date the Department instructed U.S. 
Customs and Border Protection (``CBP'') to discontinue the suspension 
of liquidation in accordance with section 703(d) of the Act. Section 
703(d) of the Act states that the suspension of liquidation pursuant to 
a preliminary determination may not remain in effect for more than four 
months. Therefore, entries of citric acid made on or after January 17, 
2009, and prior to the date of publication of the ITC's final 
determination in the Federal Register are not liable for the assessment 
of countervailing duties due to the Department's discontinuation, 
effective January 17, 2009, of the suspension of liquidation.
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    \1\ See Citric Acid and Certain Citrate Salts From the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Countervailing Duty 
Determination With Final Antidumping Duty Determination, 73 FR 54367 
(September 19, 2008).
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    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation for citric acid 
from the PRC, effective the date of publication of the ITC's notice of 
final determination in the Federal Register and to assess, upon further 
advice by the Department pursuant to section 706(a)(1) of the Act, 
countervailing duties for each entry of the subject merchandise in an 
amount based on the net countervailable subsidy rates for the subject 
merchandise as noted below.

------------------------------------------------------------------------
                                                             Net subsidy
                   Exporter/Manufacturer                         rate
                                                              (percent)
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TTCA Co., Ltd. (a.k.a. Shandong TTCA Biochemistry Co.,             12.68
 Ltd.).....................................................
Yixing Union Biochemical Co., Ltd.; and Yixing Union                3.60
 Cogeneration Co., Ltd.....................................
Anhui BBCA Biochemical Co., Ltd............................       118.95
All-Others.................................................         8.14
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    This notice constitutes the countervailing duty order with respect 
to citric acid from the PRC, pursuant to section 706(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 1117 of the main Commerce Building, for copies of an updated list 
of countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: May 26, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-12642 Filed 5-28-09; 8:45 am]
BILLING CODE 3510-DS-P