[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34338-34340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13553]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-853]


Citric Acid and Certain Citrate Salts From Canada: Preliminary 
Results of Antidumping Duty Administrative Review; 2011-2012

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on citric acid and 
certain citrate salts (citric acid) from Canada. The period of review 
(POR) is May 1, 2011, through April 30, 2012. The review covers one 
producer and exporter of the subject merchandise, Jungbunzlauer Canada 
Inc. (JBL Canada). We have preliminarily determined that sales of 
subject merchandise have been made at prices below normal value (NV) by 
JBL Canada.

DATES: As of June 7, 2013.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Katherine Johnson, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4007 
or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by this order is citric acid and certain 
citrate salts. The product is currently classified in the Harmonized 
Tariff Schedule of the United States (HTSUS) at item numbers 
2918.14.0000 and 2918.15.1000, 2918.15.5000 and 3824.90.9290. Although 
the HTSUS numbers are provided for convenience and customs purposes, 
the full written scope description, as published in the antidumping 
duty order \1\ and described in the memorandum entitled ``Decision 
Memorandum for Preliminary Results of Antidumping Duty Administrative 
Review: Citric Acid and Certain Citrate Salts from Canada'' 
(Preliminary Decision Memorandum), remains dispositive.
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    \1\ Citric Acid and Certain Citrate Salts from Canada and the 
People's Republic of China: Antidumping Duty Orders, 74 FR 25703 
(May 29, 2009) (Citric Acid Duty Orders).
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price (CEP) is calculated in accordance with section 772 of the 
Act. NV is calculated in accordance with section 773 of the Act. To 
determine the appropriate comparison method, the Department applied a 
``differential pricing'' analysis and has preliminarily determined to 
use a combination of the average-to-average method and the average-to-
transaction method in making comparisons of CEP and NV for

[[Page 34339]]

JBL Canada. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. The Preliminary 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). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and in the Central Records Unit (CRU), Room 
7046 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly on the Internet at http://www.trade.gov/ia/. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that a 
dumping margin of 1.20 percent exists for JBL Canada for the period May 
1, 2011, through April 30, 2012.

Disclosure and Public Comment

    The Department will disclose to parties the calculations performed 
in connection with these preliminary results within five days of the 
date of publication of this notice.\2\ Interested parties may submit 
case briefs not later than 30 days after the date of publication of 
this notice.\3\ 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.\4\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\5\ Case and rebuttal briefs should be filed using 
IA ACCESS.\6\
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    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c).
    \4\ See 19 CFR 351.309(d).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
    \6\ See 19 CFR 351.303.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, filed electronically via IA 
ACCESS.\7\ An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after 
the date of publication of this notice.\8\ Requests should contain: (1) 
The party's name, address and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs. The Department will issue the final results of this 
administrative review, including the results of its analysis of issues 
raised in any written briefs, not later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the 
Act.
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    \7\ See 19 CFR 351.310(c).
    \8\ See id.; 19 CFR 351.303.
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Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries, in accordance with 19 
CFR 351.212(b)(1). We intend to issue instructions to CBP 41 days after 
the date of publication of the final results of this review.
    Although JBL Canada reported entered value for its U.S. sales, 
based on verification findings, we have determined it is appropriate to 
calculate importer-specific per-unit duty assessment rates.\9\ We will 
calculate importer-specific per-unit duty assessment rates by 
aggregating the total amount of antidumping duties calculated for the 
examined sales and dividing this amount by the total quantity of those 
sales. To determine whether the duty assessment rates are de minimis, 
in accordance with the requirement set forth in 19 CFR 351.106(c)(1), 
we will calculate importer-specific ad valorem ratios based on the 
estimated entered value.
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    \9\ See Memorandum entitled, ``Preliminary Results Margin 
Calculation for Jungbunzlauer Canada Inc.,'' dated concurrently with 
this notice.
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    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\10\
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    \10\ See 19 CFR 351.106(d)(2).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\11\ Therefore, if we continue to calculate an 
antidumping duty margin for JBL Canada in the final results which is 
above de minimis, we will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review as discussed above. 
Conversely, if we calculate a de minimis margin for JBL Canada in the 
final results of this review, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \11\ See section 751(a)(2)(C) of the Act.
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by JBL Canada for which it did not 
know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: 1) the cash deposit rate for JBL Canada will 
be the rate established in the final results of this review, except if 
the rate is less than 0.50 percent and, therefore, de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for previously reviewed or investigated 
companies not participating in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most recent 
period for the manufacturer of the merchandise; and (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 23.21 percent, the all-others rate established in the original 
investigation. See Citric Acid Duty Orders. These requirements, when 
imposed, shall remain in effect until further notice.

[[Page 34340]]

Notification to Importers

    This notice also 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: May 31, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope of the Order
2. Fair-Value Comparisons
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
3. Product Comparisons
4. Constructed Export Price
5. Normal Value
    A. Home Market Viability and Selection of Comparison Market
    B. Level of Trade
    C. Calculation of Normal Value Based on Comparison-Market Prices
6. Duty Absorption
7. Currency Conversion
8. Verification

[FR Doc. 2013-13553 Filed 6-6-13; 8:45 am]
BILLING CODE 3510-DS-P