[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77318-77319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31419]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-938]


Citric Acid and Certain Citrate Salts: Final Results of 
Countervailing Duty Administrative Review; 2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has completed its 
administrative review of the countervailing duty (CVD) order on citric 
acid and certain citrate sales from the People's Republic of China 
(PRC) for the period January 1, 2013, through December 31, 2013. On 
June 8, 2015, the Department published in the Federal Register the 
Preliminary Results of this administrative review.\1\ We completed the 
Post-Preliminary Results in this administrative review on June 26, 
2015.\2\
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    \1\ See Citric Acid and Certain Citrate Salts: Preliminary 
Results of Countervailing Duty Administrative Review; 2013, 80 FR 
32346 (June 8, 2015) (Preliminary Results).
    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Melissa G. Skinner, Director, 
Office II, entitled, ``Post-Preliminary Results Decision Memorandum 
in the 2013 Countervailing Duty Administrative Review; Citric Acid 
and Certain Citrate Salts from the People's Republic of China,'' 
dated June 26, 2015 (Post-Preliminary Results).
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    We gave interested parties an opportunity to comment on the 
Preliminary Results and Post-Preliminary Results. Our analysis of the 
comments received resulted in a change to the net subsidy rate for 
Laiwu Taihe Biochemistry Co. Ltd. (Taihe). The final net subsidy rate 
is listed below in the section entitled, ``Final Results of the 
Review.''

DATES: Effective date: December 14, 2015.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
3874.

SUPPLEMENTARY INFORMATION:

Background

    On June 8, 2015, the Department published in the Federal Register 
the Preliminary Results of the 2013 administrative review of the CVD 
order on citric acid and certain citrate salts from the PRC. We 
completed the Post-Preliminary Results in this administrative review on 
June 26, 2015. We invited parties to comment on the Preliminary Results 
and Post-Preliminary Results.
    On July 22, 2015, we received case briefs from the Government of 
China (GOC) and Taihe. On July 27, 2015, we received a rebuttal brief 
from the petitioners.\3\
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    \3\ The petitioners are Archer Daniels Midland Company, Cargill 
Incorporated, and Tate & Lyle Ingredients America LLC.
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    On August 13, 2015, we postponed the final results by 60 days, 
until December 7, 2015.\4\
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    \4\ See memorandum to Christian Marsh, Deputy Assistant 
Secretary for Enforcement and Compliance, from Shannon Morrison, 
International Trade Compliance Analyst, entitled, ``Citric Acid and 
Certain Citrate Salts from the People's Republic of China: Extension 
of Deadline for Final Results of Countervailing Duty Administrative 
Review,'' dated August 13, 2015.
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Scope of the Order

    The merchandise subject to the order is citric acid and certain 
citrate salts. The product is currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) item numbers 2918.14.0000, 
2918.15.1000, 2918.15.5000, 3824.90.9290, and 3824.90.9290. Although 
the HTSUS numbers are provided for convenience and customs purposes, 
the written product description remains dispositive.
    A full description of the scope of the order is contained in the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled, ``Issues 
and Decision Memorandum for the Final Results of the Countervailing 
Duty Administrative Review: Citric Acid and Certain Citrate Salts; 
2013'' (Issues and Decision Memorandum), dated concurrently with and 
hereby adopted by this notice.

Analysis of Comments Received

    All issues raised in the case briefs are addressed in the Issues 
and Decision Memorandum. A list of the issues raised is attached to 
this notice as an Appendix. The Issues and Decision Memorandum is a 
public document and

[[Page 77319]]

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 B8024 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Issues and Decision Memorandum 
and the electronic versions of the Issues and Decision Memorandum are 
identical in content.

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we determine that there 
is a subsidy (i.e., a financial contribution from an ``authority'' that 
confers a benefit to the recipient, and that the subsidy is 
specific).\5\ See the Issues and Decision Memorandum for a full 
description of the methodology underlying our conclusions.
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    In making our findings, we relied, in part, on the facts otherwise 
available. Further, because the GOC did not act to the best of its 
ability to respond to the Department's requests for information, we 
drew an adverse inference in selecting from among the facts available, 
pursuant to sections 776(a) and (b) of the Act. See the Issues and 
Decision Memorandum in the section entitled, ``Use of Facts Otherwise 
Available and Adverse Inferences,'' for further information.

Final Results of the Review

    In accordance with 19 CFR 351.221(b)(5), we determine a net 
countervailable subsidy rate of 30.93 percent ad valorem for Taihe.

Assessment Rates

    The Department intends to issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (CBP) 15 days after the 
date of publication of these final results, to liquidate shipments of 
subject merchandise by Taihe entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2013, through December 31, 2013.

Cash Deposit Instructions

    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amount shown above 
on shipments of subject merchandise by Taihe entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed companies, we will 
instruct CBP to continue to collect cash deposits of estimated 
countervailing duties at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit 
rates that will be applied to companies covered by this order, but not 
examined in this review, are those established in the most recently-
completed segment of the proceeding for each company. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Administrative Protective Order

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 7, 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. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation Information
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Analysis of Comments
    1. Whether To Find Input for the Less-Than-Adequate-Remuneration 
(LTAR) Programs Not Specific
    A. Sulfuric Acid
    B. Steam Coal
    C. Calcium Carbonate
    D. Caustic Soda
    2. Whether the Department Should Apply Adverse Facts Available 
in its Market Distortion Analysis of the Sulfuric Acid, Calcium 
Carbonate, and Caustic Soda Industries
    3. Whether To Reverse the Department's ``Authorities'' 
Determination for Certain Input Suppliers
    4. Including Ocean Freight and Import Duties in the 
International Freight Benchmark for Input for LTAR Programs
    5. The Selection of Ports in the International Freight Benchmark 
for Input for LTAR Programs
    6. Whether To Use Freight Rates for Flat Rack Containers in the 
International Freight Benchmark for the Calcium Carbonate for LTAR 
Program
    7. Whether To Include the Costs for Hazardous Shipping Charges 
in the International Freight Benchmark for the Sulfuric Acid and 
Caustic Soda for LTAR Programs

IX. Recommendation
[FR Doc. 2015-31419 Filed 12-11-15; 8:45 am]
BILLING CODE 3510-DS-P