[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Notices]
[Pages 74171-74172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29977]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-937]


Citric Acid and Certain Citrate Salts From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its 
Preliminary Results of administrative review of the antidumping duty 
order on citric acid and certain citrate salts from the People's 
Republic of China (``PRC'') on June 6, 2012.\1\ The period of review 
(``POR'') is May 1, 2010, through April 30, 2011. Further, the 
Department released the results of its Post-Preliminary analysis on 
October 23, 2012,\2\ in which we determined that the antidumping margin 
calculation methodology shall remain unchanged from the Preliminary 
Results. We gave interested parties an opportunity to comment on the 
Preliminary Results and Post-Preliminary Results. Based on our analysis 
of the comments received, the final results do not differ from the 
Preliminary Results. The final dumping margin for this review is listed 
in the ``Final Results of Review'' section below.
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    \1\ See Preliminary Results of the Second Administrative Review 
of the Antidumping Duty Order; and Partial Rescission of 
Administrative Review, 77 FR 33399 (June 6, 2012) (``Preliminary 
Results'').
    \2\ See Memorandum from Abdelali Elouaradia to Paul Piquado, 
regarding ``Second Antidumping Administrative Review of Citric Acid 
and Certain Citrate Salts from the People's Republic of China: Post-
Preliminary Analysis Memo,'' dated October 22, 2012 (``Post-
Preliminary Results'').

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DATES: Effective Date: December 13, 2012.

FOR FURTHER INFORMATION CONTACT: Krisha Hill or Robert Bolling, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4037 or (202) 482-3434, respectively.

Background

    On June 6, 2012, the Department published its Preliminary Results. 
On July 6, 2012, RZBC Co., Ltd., RZBC Imp. & Exp. Co., Ltd., RZBC 
(Juxian) Co., Ltd. (collectively ``RZBC'') submitted a case brief for 
this administrative review.\3\ On July 11, 2012, the Department 
received a rebuttal brief from Archer Daniels Midland Company, Cargill, 
Incorporated, and Tate & Lyle Ingredients Americas LLC 
(``Petitioners'').\4\ No other party submitted comments.
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    \3\ See Letter from RZBC to the Department, regarding ``Citric 
Acid and Citrate Salt from the People's Republic of China: Case 
Brief,'' dated July 6, 2012. The Department also considered RZBC's 
pre-preliminary comments for the final results. See Letter from RZBC 
to the Department, regarding ``Citric Acid and Citrate Salt from 
People's Republic of China: Pre-preliminary Results Comments,'' 
dated May 8, 2012.
    \4\ See Letter from Petitioners to the Department, regarding 
``Citric Acid and Certain Citrate Salts From The People's Republic 
of China: Rebuttal Brief,'' dated July 11, 2012.
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    We have conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (``the Act''), 19 CFR 
351.213, and 19 CFR 351.221.

Scope of the Order

    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.\5\ 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.\6\
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    \5\ See Issues and Decision Memorandum issued concurrently with 
this notice for a complete description of the Scope of the Order.
    \6\ See Citric Acid and Certain Citrate Salts from Canada and 
the People's Republic of China: Antidumping Duty Orders, 74 FR 25703 
(May 29, 2009).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs and additional 
comments received by parties in this review are addressed in the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, 
Acting Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the Second Administrative Review of Citric Acid 
and Certain Citrate Salts from the People's Republic of China'' (dated 
concurrently with this notice) (``Issues and Decision Memorandum''), 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum is attached to this notice as an appendix. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). Access to IA 
ACCESS is available to registered users at http://iaaccess.trade.gov 
and in the CRU, room 7046 of the main Department of Commerce building. 
In addition, a complete version of the Issues and

[[Page 74172]]

Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on an analysis of the comments received, the Department has 
not made any changes in the margin calculation since the Preliminary 
Results.

Final Results of Review

    We determine that the dumping margins for the POR are as follows:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                         margin (percent)
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RZBC Co., Ltd./RZBC Imp. & Exp. Co., Ltd./RZBC                     0.00
 (Juxian) Co., Ltd..................................
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Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
of subject merchandise in accordance with the final results of this 
review. The Department intends to issue assessment instructions to CBP 
15 days after the publication date of the final results of this review. 
For any individually examined respondents whose weighted-average 
dumping margin is zero or de minimis, or an importer- (or customer) 
specific assessment rate is de minimis under 19 CFR 351.106(c) (i.e., 
less than 0.50 percent), the Department will instruct CBP to liquidate 
the appropriate entries without regard to antidumping duties.\7\
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    \7\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For RZBC, because 
the rate is zero, no cash deposit will be required; (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) for 
all PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate established in the final determination of the less than fair 
value investigation (i.e., 156.87 percent); and (4) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporters that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Interested Parties

    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 review period. Pursuant to 19 CFR 
351.402(f)(3), failure to comply with this requirement could result in 
the Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative protective order itself. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice of the final results of these reviews is issued and 
published in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: December 4, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--List of Comments and Issues in the Issues and Decision 
Memorandum

Comment 1: Whether the Department Should Exclude Water from the 
Margin Calculation
Comment 2: Surrogate Value for Water

[FR Doc. 2012-29977 Filed 12-12-12; 8:45 am]
BILLING CODE 3510-DS-P