[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32353-32355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13953]


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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; 2013-2014

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
the fifth administrative review (``AR'') of the antidumping duty order 
on citric acid and certain citrate salts (``citric acid'') from the 
People's Republic of China (``PRC''). The review covers three 
companies, RZBC Co., Ltd., RZBC Import & Export Co., Ltd., and RZBC 
(Juxian) Co., Ltd. (collectively, ``RZBC''), Laiwu Taihe Biochemistry 
Co., Ltd. (``Taihe''), and Yixing Union Biochemical Ltd. (``Yixing 
Union''). The period of review (``POR'') for the AR is May 1, 2013, 
through April 30, 2014. We preliminarily determine that Yixing

[[Page 32354]]

Union did not have any reviewable transactions during the POR. For RZBC 
and Taihe, because of outstanding issues pertaining to the selection of 
the surrogate country, we have preliminarily assigned to each its cash 
deposit rate currently in effect.

DATES: Effective Date: June 8, 2015.

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

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise covered by this order is citric acid and certain 
citrate salts from the PRC. The product is currently classified under 
subheadings 2918.14.0000, 2918.15.1000, 2918.15.5000, and 3824.90.9290 
of the Harmonized Tariff System of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of merchandise subject to the scope 
is dispositive. For a full description of the scope of the order, see 
Preliminary Decision Memorandum.\1\
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    \1\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Citric Acid and Certain 
Citrate Salts from the People's Republic of China'' from Christian 
Marsh, Deputy Assistant Secretary, Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary 
for Enforcement and Compliance, issued concurrently with this notice 
(``Preliminary Decision Memorandum''), for a complete description of 
the Scope of the Order.
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Preliminary Determination of No Shipments

    Yixing Union reported it made no shipments of subject merchandise 
to the United States during the POR.\2\ On November 20, 2014, the 
Department placed information from a U.S. Customs and Border Protection 
(``CBP'') data query related to potential POR entries of subject 
merchandise from Yixing Union.\3\ 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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    \2\ See Letter from Yixing Union to the Department, regarding 
``Yixing-Union Biochemical Co., Ltd. Statement of No Shipments 
during the POR: Antidumping Administrative Review of Citric Acid and 
Certain Citrate Salts from the People's Republic of China,'' dated 
July 8, 2014.
    \3\ See Memorandum to the File Regarding ``Release of U.S. 
Customs and Border Protection Information Relating to No Shipment 
Claims Made in the 2013-2014 Administrative Review of Citric Acid 
and Certain Citrate Salts from the People's Republic of China,'' 
dated November 20, 2014.
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    In addition, consistent with our practice, the Department is not 
rescinding this review, in part, but intends to complete the review 
with respect to Yixing Union for which it has preliminarily found no 
shipments and issue appropriate instructions to CBP based on the final 
results of the review.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). The 
Department normally calculates export prices in accordance with section 
772 of the Act, and because the PRC is a non-market economy within the 
meaning of section 771(18) of the Act, the Department normally 
calculates normal value in accordance with section 773(c) of the Act. 
However, we are unable to determine normal value in accordance with 
section 773(c) for these Preliminary Results because parties did not 
submit appropriate surrogate value data in accordance with our normal 
requirements, and we did not have sufficient time to obtain and analyze 
additional data prior to the Preliminary Results. Accordingly, we are 
applying neutral facts available under section 776(a) of the Act and 
preliminarily assigning RZBC and Taihe their current cash deposit 
rates. As indicated below and in the Preliminary Decision Memorandum, 
we intend to seek additional data following the Preliminary Results and 
intend to select an appropriate surrogate country based on the results 
of further inquiry and analysis.
    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 Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov and 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 at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of the topics discussed in the Preliminary 
Decision Memorandum, is attached as the Appendix to this notice.

Preliminary Results of Review

    The following weighted-average dumping margins exist for the period 
May 1, 2013, through April 30, 2014.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                           (percent) \4\
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RZBC Imp. & Exp. Co., Ltd...............................            0.00
Laiwu Taihe Biochemistry Co., Ltd.......................            3.08
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Public Comment

    We request that interested parties submit surrogate country and 
surrogate value data from a country or countries identified in the 
Surrogate Country Memo \5\ by close of business on June 15, 2015. 
Rebuttal comments and rebuttal surrogate value data will be due by 
close of business on June 22, 2015. In the event that no interested 
party provides surrogate country and surrogate value data within this 
time period, then the Department will conduct its own research in an 
effort to obtain such data. We intend to issue post-preliminary results 
after we receive and analyze the surrogate country and surrogate value 
data submitted after the preliminary results. We will provide 
interested parties an opportunity to comment on such post-preliminary 
results.
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    \4\ See Citric Acid and Certain Citrate Salts From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 65182 (November 3, 2014) (Taihe); see also 
Citric Acid and Certain Citrate Salts From the People's Republic of 
China; Final Results of Antidumping Duty Administrative Review; 
2011-2012, 79 FR 101 (January 2, 2014) (RZBC).
    \5\ See Letter from the Department to All Interested Parties, 
regarding ``2013-2014 Administrative Review of the Antidumping Duty 
Order on Citric Acid and Certain Citrate Salts from the People's 
Republic of China: Request for Surrogate Country and Surrogate Value 
Comments and Information,'' dated January 9, 2015 (``Surrogate 
Country Memo'').
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety 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 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.\6\
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    \6\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).

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[[Page 32355]]

    The Department will issue the final results of this AR, which will 
include the results of its analysis of issues raised in any briefs 
received, within 120 days of publication of these preliminary results, 
pursuant to section 751(a)(3)(A) of the Act, unless that time is 
extended.

Assessment Rates

    Upon issuing the final results of this review, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.\7\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review.
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    \7\ See 19 CFR 351.212(b).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin is above de minimis (i.e., 0.5 percent) 
in the final results of this review, 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 to 
the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1).\8\ Where an importer- (or customer-) specific ad valorem 
rate is greater than de minimis, the Department will instruct CBP to 
collect the appropriate duties at the time of liquidation.\9\ Where 
either a respondent's weighted average dumping margin is zero or de 
minimis, or an importer- (or customer-) specific ad valorem dumping 
margin is zero or de minimis, the Department will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\10\
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    \8\ 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 Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \9\ See 19 CFR 351.212(b)(1).
    \10\ See 19 CFR 351.212(b)(1).
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    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate. Additionally, 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.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this 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 Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be that rate 
established in the final results of these reviews (except, if the rate 
is zero or de minimis, then a zero cash deposit will be required); (2) 
for previously investigated or reviewed PRC and non-PRC exporters 
listed above 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; (3) 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 the rate 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.

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 1, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Methodology
    Preliminary Determination of No Shipments
    Non-Market Economy Country Status
    Separate Rates
    Surrogate Country
Use of Facts Otherwise Available
Conclusion

[FR Doc. 2015-13953 Filed 6-5-15; 8:45 am]
 BILLING CODE 3510-DS-P