[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Notices]
[Pages 101-103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31410]


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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; 
2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') published its 
Preliminary Results of the administrative review of the antidumping 
duty order on citric acid and certain citrate salts from the People's 
Republic of China (``PRC'') on June 10, 2013.\1\ The period of review 
(``POR'') is May 1, 2011, through April 30, 2012. We gave interested 
parties an opportunity to comment on the Preliminary Results. Based 
upon our analysis of the comments received, we have made no changes to 
the margin calculations for these final results. We continue to find 
that the respondent, RZBC Imp. & Exp. Co., Ltd. (``RZBC I&E'') \2\ has 
not sold subject merchandise at less than normal value (``NV''), and 
that Yixing Union Biochemical Ltd. (``Yixing Union'') had no shipments 
of subject merchandise during the POR. The final dumping margins are 
listed below in the ``Final Results of the Review'' section of this 
notice.
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    \1\ See Citric Acid and Certain Citrate Salts From the People's 
Republic of China: Preliminary Results of the Antidumping Duty 
Administrative Review; 2011-2012, 78 FR 34642 (June 10, 2013) 
(``Preliminary Results'').
    \2\ The Department initiated the third administrative review on 
RZBC Co., Ltd. (``RZBC Co.''), RZBC I&E, and RZBC (Juxian) Co., Ltd. 
(collectively ``RZBC''). Only RZBC I&E exported subject merchandise 
to the United States during the POR.

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DATES: Effective Date: January 2, 2014.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Krisha Hill, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5831 or (202) 482-4037, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 10, 2013, the Department published the Preliminary Results 
of this administrative review.\3\ The Department conducted a 
verification of RZBC between September 9 and September 13, 2013.\4\ The 
Department extended the deadline for submission of case briefs until 
one week after the verification report release date and the deadline 
for rebuttal briefs until five days after the submission of case 
briefs.\5\ On July 10, 2013, RZBC and Petitioners submitted hearing 
requests to address issues raised in their case and rebuttal case 
briefs. Petitioners and RZBC withdrew their hearing requests on 
November 18, 2013, and November 21, 2013, respectively. On November 7, 
2013, RZBC submitted a case brief.\6\ On November 12, 2013, Petitioners 
submitted a rebuttal brief.\7\
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    \3\ See id.
    \4\ See Memorandum to the File, from Edward Yang, Director, 
Office 9, Taija Slaughter, Program Manager, Office of Accounting, 
and Krisha Hill, International Trade Compliance Analyst, Office 4, 
``Verification Report of the Sales and Factors Responses of RZBC 
Co., Ltd., RZBC Import & Export Co., Ltd., and RZBC (Juxian) Co., 
Ltd. in the Antidumping Duty Administrative Review of Citric Acid 
and Certain Citrate Salts from the People's Republic of China'' 
(October 30, 2013).
    \5\ See Memorandum To The File, ``Schedule for submission of 
Briefs and Rebuttal Briefs: Citric Acid and Certain Citrate Salts 
from the People's Republic of China'' (October 31, 2013).
    \6\ See RZBC's ``Citric Acid and Citrate Salt from the People's 
Republic of China: RZBC Case Brief,'' (November 7, 2013).
    \7\ See Petitioners' ``Citric Acid and Certain Citrate Salts 
From the People's Republic of China: Petitioners' Rebuttal Brief,'' 
(November 12, 2013).
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    On August 6, 2013, the Department extended the deadline in this 
proceeding by 60 days.\8\ As explained in the memorandum from the 
Assistant Secretary for Enforcement and Compliance, the Department has 
exercised its discretion to toll deadlines for the duration of the 
closure of the Federal Government from October 1, 2013, through October 
16, 2013.\9\ Therefore, all deadlines in this segment of the proceeding 
were extended by 16 days. Further, because the new deadline in the 
instant review falls on a non-business day, in accordance with the 
Department's practice, the deadline will become the next business 
day.\10\ Therefore, the revised deadline for the final results of this 
review is December 26, 2013.
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    \8\ See Memorandum to Christian Marsh, ``Citric Acid and Certain 
Citrate Salts from the People's Republic of China: Extension of 
Deadline for Final Results of Antidumping Duty Administrative 
Review'' (August 6, 2013).
    \9\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for the Enforcement and Compliance, ``Deadlines Affected 
by the Shutdown of the Federal Government'' (October 18, 2013).
    \10\ See e.g., Certain Cut-to-Length Carbon Steel Plate From the 
People's Republic of China: Final Results and Final No Shipments 
Determination of Antidumping Duty Administrative Review; 2011-2012, 
78 FR 76279 (December 17, 2013).
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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.\11\ 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

[[Page 102]]

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.
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    \11\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance ``Citric 
Acid and Certain Citrate Salts from the People's Republic of China: 
Issues and Decision Memorandum for the Final Results of the 2011-
2012 Antidumping Duty Administrative Review'', issued concurrently 
with this notice (``Issues and Decision Memorandum'') for a complete 
description of the scope of the Order.
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Final Determination of No Shipments

    For these final results of review, we continue to find that Yixing 
Union had no shipments during the POR.\12\
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    \12\ See Preliminary Results, 78 FR at 34642.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the Issues and Decision Memorandum, which is hereby 
adopted by this Federal Register notice. A list of the issues which 
parties raised is attached to this notice as Appendix I. The Issues and 
Decision Memorandum is a public document and is on file in the Central 
Records Unit (``CRU''), Room 7046 of the main Department of Commerce 
building, as well as electronically via Enforcement and Compliance'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 CRU. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/. 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 a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made no 
revisions to the margin calculations for RZBC I&E.

Separate Rates

    In our Preliminary Results, we determined that RZBC I&E met the 
criteria for separate rate status.\13\ We have not received any 
information since the issuance of the Preliminary Results that provides 
a basis for reconsideration of this determination. Therefore, the 
Department continues to find that RZBC I&E meets the criteria for 
separate rate status.
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    \13\ See Preliminary Results, 78 FR at 34642, and accompanying 
Issues and Decision Memorandum at 4-6.
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Final Results of the Review

    The dumping margins for the POR are as follows:

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

    The Department will determine, and Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
covered by this review. The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of these final 
results of this review. In accordance with 19 CFR 351.212(b)(1), we are 
calculating importer- (or customer-) specific assessment rates for the 
merchandise subject to this review. For any individually examined 
respondent whose weighted-average dumping margin is above de minimis 
(i.e., 0.50 percent), the Department will calculate importer-specific 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of sales.\14\ We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate 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.
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    \14\ See 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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    The Department recently announced a refinement to its assessment 
practice in Non-Market Economy (``NME'') cases. Pursuant to this 
refinement in practice, for entries that were not reported in the U.S. 
sales databases submitted by companies individually examined during 
this review, the Department will instruct CBP to liquidate such entries 
at the NME-wide rate. In addition, 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 (i.e., 
at that exporter's rate) will be liquidated at the NME-wide rate. For a 
full discussion of this practice, see Assessment in NME Antidumping 
Proceedings.\15\
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    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
in NME Antidumping Proceedings'').
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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 the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended 
(``the Act''): (1) For Yixing Union, which claimed no shipments, the 
cash deposit will remain unchanged from the rate assigned to Yixing 
Union in the most recently completed review of the company; (2) For 
RZBC I&E, because the rate is zero, no cash deposit will be required; 
(3) for previously investigated or reviewed PRC and non-PRC exporters 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (4) for all PRC exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be that for the PRC-wide entity established in the final 
determination of the less than fair value investigation (i.e., 156.87 
percent); and (5) 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.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

[[Page 103]]

Administrative Protective Order

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305, which continues to govern business proprietary information in 
this segment of the proceeding. Timely written notification of the 
return or destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: December 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I--Issues and Decision Memorandum

General Issues

    COMMENT 1: WATER SURROGATE VALUE
    COMMENT 2: LIQUIDATION INSTRUCTIONS
    COMMENT 3: NEW FACTUAL INFORMATION
    COMMENT 4: PUBLIC VERSION
    COMMENT 5: CO-PRODUCT VALUATION
    COMMENT 6: REVOCATION FOR RZBC

[FR Doc. 2013-31410 Filed 12-31-13; 8:45 am]
BILLING CODE 3510-DS-P