[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Pages 34642-34644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13707]


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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: 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 the People's Republic 
of China (``PRC''). The period of review (``POR'') is May 1, 2011, 
through April 30, 2012. We have preliminarily found that the 
respondent, RZBC Imp. & Exp. Co., Ltd. (``RZBC I&E''), has not made 
sales of subject merchandise at less than normal value (``NV''). If 
these preliminary results are adopted in our final results of review, 
we will instruct U.S. Customs and Border Protection (``CBP'') to assess 
antidumping duties on all appropriate entries of subject merchandise 
during the POR. Interested parties are invited to comment on these 
preliminary results. We will issue final results no later than 120 days 
from the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').

DATES: Effective Date: June 10, 2013.

FOR FURTHER INFORMATION CONTACT: Krisha Hill or Drew Jackson, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4037 or (202) 482-4406, 
respectively.

SUPPLEMENTARY INFORMATION: 

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.\1\ 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.\2\
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    \1\ See ``Decision Memorandum for Preliminary Results of 2011-
2012 Antidumping Duty Administrative Review: Citric Acid and Certain 
Citrate Salts from the People's Republic of China'' from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations to Paul Piquado, Assistant Secretary for Import 
Administration, dated June 3, 2013 (``Preliminary Decision 
Memorandum'') issued concurrently with this notice for a complete 
description of the Scope of the Order.
    \2\ 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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Preliminary Determination of No Shipments

    Yixing Union Biochemical Ltd. (``Yixing Union'') reported it made 
no shipments of subject merchandise to the United States during the 
POR.\3\ On August 3, 2012, the Department requested that CBP report any 
contrary information. CBP has not responded to the Department's inquiry 
and the Department has not received any evidence that that Yixing Union 
had any shipments to the United States of subject merchandise during 
the POR. Based on Yixing Union's no shipments certification, and 
because CBP had no findings of reviewable transactions, we 
preliminarily determine that Yixing Union did not have any reviewable 
transactions during the POR.
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    \3\ See Letter from Yixing Union to the Department, regarding 
``Antidumping Duty Administrative Review of Citric Acid and Certain 
Citrate Salts from the People's Republic of China--No Shipments 
Letter of Yixing Union Biochemical Co. Ltd.,'' dated July 13, 2012.
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    In addition, the Department finds that consistent with its recently 
announced refinement to its assessment practice in NME cases, it is 
appropriate not to rescind the review in part in these circumstances 
but, rather, to complete the review with respect to Yixing Union and 
issue appropriate instructions to CBP based on the final results of the 
review.\4\
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    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
in NME Proceedings'') and the ``Assessment Rates'' section, below.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). 
Export prices have been calculated in accordance with section 772 of 
the Act. Because the PRC is a non-market (``NME'') economy within the 
meaning of section 771(18) of the Act, NV has been calculated in 
accordance with section 773(c) of the Act. Specifically, RZBC I&E's 
factors of production have been valued using surrogate value data from 
Indonesia (where available), which is economically comparable to the 
PRC and is a significant producer of comparable merchandise. To 
determine the appropriate comparison method, the Department applied a 
differential pricing analysis and has preliminarily determined to use 
the average-to-average method in making comparisons of export price and 
NV for RZBC I&E.
    For a full description of the methodology underlying our 
conclusions, please see the Preliminary Decision Memorandum, 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. The Preliminary Decision Memorandum is also 
available in the Central Records Unit, 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.

[[Page 34643]]

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                               Weighted
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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RZBC Imp. & Exp. Co., Ltd...................................        0.00
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Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit a case brief no later than 30 days after 
the date of publication of these preliminary results of review.\5\ 
Rebuttal briefs may be filed no later than five days after case briefs 
are filed and may only respond to arguments raised in the case 
briefs.\6\ A table of contents, list of authorities used and an 
executive summary of issues should accompany any briefs submitted to 
the Department. This summary should be limited to five pages total, 
including footnotes. 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, U.S. Department of 
Commerce, within 30 days after the date of publication of this 
notice.\7\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
location to be determined.\8\ Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
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    \5\ See 19 CFR 351.309(c).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.310(c).
    \8\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using IA ACCESS. 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 Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 1870 and stamped with the date and time of receipt by 5 p.m. ET 
on the due date.\9\
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    \9\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department will issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any briefs, within 120 days of publication of these preliminary 
results, pursuant to section 751(a)(3)(A) of the Act.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of the preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has extended the 
deadline), the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, the Department generally will not accept in the rebuttal 
submission additional or alternative surrogate value information not 
previously on the record, if the deadline for submission of surrogate 
value information has passed.\10\ Furthermore, the Department generally 
will not accept business proprietary information in either the 
surrogate value submissions or the rebuttals thereto, as the regulation 
regarding the submission of surrogate values allows only for the 
submission of publicly available information.\11\
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    \10\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \11\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\12\ 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 respondent whose 
weighted-average dumping margin is above de minimis (i.e., less than 
0.50 percent) in the final results of this review, we will calculate an 
importer-specific assessment rate on the basis of the ratio of the 
total amount of antidumping duties calculated for the importer's 
examined sales and the total entered value of sales, in accordance with 
19 CFR 351.212(b)(1).\13\ Where we calculate a margin by dividing the 
total dumping margins for reviewed sales to that party by the total 
sales quantity associated with those transactions, in this and future 
reviews, we will direct CBP to assess importer-specific assessment 
rates based on the resulting per-unit (i.e., per-kilogram) rates by the 
weight in kilograms of each entry of the subject merchandise during the 
POR. 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. We intend to instruct CBP to 
liquidate entries containing subject merchandise exported by the PRC-
wide entity at the PRC-wide rate we determine in the final results of 
this review.
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ In these preliminary 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 Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012). In particular, the 
Department compared monthly weighted-average export prices with 
monthly weighted-average NVs and granted offsets for non-dumped 
comparisons in the calculation of the weighted-average dumping 
margin.
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    The Department announced a refinement to its assessment practice in 
NME antidumping duty cases. Pursuant to this refinement in practice, 
for merchandise that was not reported in the U.S. sales databases 
submitted by an exporter individually examined during this review, but 
that entered under the case number of that exporter (i.e., at the 
individually-examined exporter's cash deposit rate), the Department 
will instruct CBP to liquidate such entries at the PRC-wide rate. 
Additionally, pursuant to this refinement, if the Department determines 
that an exporter under review had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number will be liquidated at the PRC-wide rate.\14\
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    \14\ See Assessment in NME Proceedings, for a full discussion of 
this practice.
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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 
shipments of

[[Page 34644]]

the subject merchandise from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For RZBC I&E the cash 
deposit rate will be its respective rate established in the final 
results of this review, except if the rate is zero or de minimis 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 that for the PRC-wide 
entity; 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 exporter that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.
    We have adjusted the preliminary results antidumping duty margin 
for export subsidies because the Department found evidence of an export 
subsidy in the companion countervailing duty proceeding. Additionally, 
the Department has not adjusted the preliminary results antidumping 
duty margin for estimated domestic subsidy pass-through because it has 
concluded that concurrent application of NME antidumping and 
countervailing duties do not necessarily and automatically result in 
overlapping remedies.\15\
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    \15\ See Preliminary Decision Memorandum.
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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 Department'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 351.213.

    Dated: June 3, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Background
2. Scope of the Order
3. Non-Market Economy Country
4. Separate Rate
5. Surrogate Country and Surrogate Value Data
6. Fair Value Comparisons
7. U.S. Price
8. Normal Value
9. Export Subsidy Adjustment
10. Section 777A(f) of the Act
11. Currency Conversion

[FR Doc. 2013-13707 Filed 6-7-13; 8:45 am]
BILLING CODE 3510-DS-P