[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62016-62018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26278]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-853]


Citric Acid and Certain Citrate Salts From Canada: Final Results 
of Antidumping Duty Administrative Review; 2013-2014

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

SUMMARY: On June 8, 2015, the Department of Commerce (the Department) 
published the preliminary results of the fifth administrative review of 
the antidumping duty order on citric acid and certain citrate salts 
(citric acid) from Canada.\1\ The review covers one producer and 
exporter of the subject merchandise, Jungbunzlauer Canada Inc. (JBL 
Canada).
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    \1\ See Citric Acid and Certain Citrate Salts from Canada: 
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014, 80 FR 32342 (June 8, 2015) (Preliminary Results).
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    Based on our analysis of the comments received, we made changes to 
our margin calculations. The final weighted-average dumping margin for 
JBL Canada is listed below in the ``Final Results of the Review'' 
section of this notice.

DATES: Effective Date: October 15, 2015.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution

[[Page 62017]]

Avenue NW., Washington, DC 20230; telephone (202) 482-4007 or (202) 
482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 8, 2015, the Department published the Preliminary Results. 
We invited parties to comment on the preliminary results of the review. 
We received a case brief from Archer Daniels Midland Company, Cargill, 
Incorporated, and Tate & Lyle Ingredients Americas LLC (collectively, 
the petitioners) on July 8, 2015, and a rebuttal brief from JBL Canada 
on July 13, 2015. The Department conducted this administrative review 
in accordance with section 751 of the Tariff Act of 1930, as amended 
(the Act).

Scope of the Order

    The merchandise covered by this order is citric acid and certain 
citrate salts from Canada. 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.\2\
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    \2\ A full description of the scope of the order is contained in 
the memorandum to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Issues and 
Decision Memorandum for the Final Results of the 2013-2014 
Antidumping Duty Administrative Review of Citric Acid and Certain 
Citrate Salts from Canada'' (Issues and Decision Memorandum), dated 
concurrently with, and hereby adopted by, this notice.
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Period of Review

    The POR is May 1, 2013, through April 30, 2014.

Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
raised is attached to this notice as Appendix I. The Issues and 
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; the Issues and Decision 
Memorandum is available to all parties in the Central Records Unit 
(CRU), Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and 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 recalculated 
JBL Canada's weighted-average dumping margin. Our calculations are 
discussed in detail in the accompanying final calculation 
memorandum.\3\
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    \3\ See Memorandum to the File entitled, ``Final Results Margin 
Calculations for Jungbunzlauer Canada Inc.,'' dated concurrently 
with, and hereby adopted by, this notice.
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Final Results of the Review

    We determine that a weighted-average dumping margin of 0.00 percent 
exists for entries of subject merchandise that were produced and/or 
exported by JBL Canada and that entered, or were withdrawn from 
warehouse, for consumption during the POR.

Assessment Rates

    The Department will 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). The Department intends 
to issue appropriate assessment instructions to CBP 41 days after 
publication of these final results of review. Because we have 
calculated a zero 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.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\4\ This clarification applies to entries of subject 
merchandise during the POR produced by JBL Canada for which it did not 
know that the merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate effective during the POR if there is no rate for the 
intermediate company(ies) involved in the transaction. See Assessment 
Policy Notice for a full discussion of this clarification.
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    \4\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
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Cash Deposit Requirements

    The following cash 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 that established in the final results of this review, (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 previous review, or the original less-
than-fair-value (LTFV) 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 made effective by the LTFV 
investigation.\5\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \5\ 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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Notification to Importers

    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 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.

Notification to Interested Parties

    In accordance with 19 CFR 351.305(a)(3), this notice serves as the 
only reminder to parties subject to administrative protective order 
(APO) of their responsibility concerning the disposition of proprietary 
information disclosed under APO, 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 the terms of an APO is a 
sanctionable violation.
    This administrative review and notice are published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.


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    Dated: October 6, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
    1. Fixed Overhead Costs
    2. U.S. Indirect Selling Expenses
    3. Exclusion of Below-Cost Sales From the Normal Value 
Calculation
VI. Recommendation

[FR Doc. 2015-26278 Filed 10-14-15; 8:45 am]
BILLING CODE 3510-DS-P