[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Page 47370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19451]



[[Page 47370]]

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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: Intent To Rescind Countervailing Duty Administrative Review, 
in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: August 8, 2012.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, Room 4014, 14th Street and Constitution 
Ave. NW., Washington, DC 20230, telephone: (202) 482-4793

SUPPLEMENTARY INFORMATION: 

Background

    On May 1, 2012, the Department of Commerce (the Department) 
published a notice of opportunity to request an administrative review 
of the countervailing duty (CVD) order on citric acid and certain 
citrate salts from the People's Republic of China.\1\ On May 31, 2012, 
we received a request from Archer Daniels Midland Company, Cargill, 
Incorporated, and Tate & Lyle Ingredients Americas LLC, domestic 
producers of the subject merchandise and petitioners in the 
investigation (collectively, the Petitioners), to conduct an 
administrative review of Yixing-Union Biochemical Co., Ltd. (Yixing-
Union).\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 77 FR 25679 (May 1, 2012).
    \2\ Petitioners also requested a review of RZBC Co., Ltd., RZCB 
Imp. & Exp. Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively, 
the RZBC Companies). See Letter from King & Spalding to the 
Department regarding ``Request for Administrative Review,'' dated 
May 31, 2012. This public document and all other public documents 
and public versions generated in the course of this review by the 
Department and interested parties are available to the public 
through Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS), located in Room 
7046 of the main Department building.
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    On July 10, 2012, the Department published the notice of initiation 
of the administrative review for the review period January 1, 2011, 
through December 31, 2011 (POR), which covered Yixing-Union.\3\ On July 
13, 2012, Yixing-Union submitted a letter to the Department certifying 
that it had no sales, shipments, or exports of subject merchandise to 
the United States during the POR. Petitioners did not comment on 
Yixing-Union's claim of no sales, shipments, or exports.
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
40565, 40573 (July 10, 2012).
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Scope of the Order

    The scope of the 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 the 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 the 
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 
the 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. 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.

Intent To Rescind the 2011 Administrative Review, in Part

    The Department conducted an internal customs data query for the POR 
and issued a ``no shipments inquiry'' message to U.S. Customs and 
Border Protection (CBP), which posted the message on July 17, 2012.\4\ 
The results of the customs data query indicated that there were no 
entries of subject merchandise to the United States by Yixing-Union 
during the POR. We did not receive any information from CBP contrary to 
Yixing-Union's claim of no sales, shipments, or exports of subject 
merchandise to the United States during the POR.
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    \4\ See Memorandum to the File from Kristen Johnson, Trade 
Analyst, AD/CVD Operations, Office 3, regarding ``Release of Results 
of Query Performed on Customs and Border Protection Trade Data 
Base,'' (July 10, 2012) and Customs message number 2199302, 
available at http://addcvd.cbp.gov or IA ACCESS.
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    Based on our analysis of the shipment data, we preliminarily 
determine that Yixing-Union had no entries of subject merchandise to 
the United States during the POR. Therefore, in accordance with 19 CFR 
351.213(d)(3), and consistent with our practice,\5\ we preliminarily 
determine to rescind the review for Yixing-Union. We will continue this 
administrative review with respect to the RZBC Companies.
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    \5\ See, e.g., Welded Carbon Steel Standard Pipe and Tube from 
Turkey: Intent to Rescind Countervailing Duty Administrative Review, 
in Part, 74 FR 39062 (August 5, 2009).
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Public Comment

    The Department is setting aside a period for interested parties to 
raise issues regarding this preliminary determination. Interested 
parties may submit such comments within 20 calendar days of the 
publication of this notice. Comments must be filed electronically using 
IA ACCESS.
    We are issuing this notice in accordance with sections 751(a)(1) 
and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4) of the Department's regulations.

    Dated: August 2, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-19451 Filed 8-7-12; 8:45 am]
BILLING CODE 3510-DS-P