[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77323-77325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31427]


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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; 
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 (``AR'') of the antidumping duty order on citric 
acid and certain citrate salts (``citric acid'') from the People's 
Republic of China (``PRC''), in accordance with section 751(a)(1)(B) of 
the Tariff Act of 1930, as amended (``the Act'').\1\ On October 27, 
2015, the Department issued Post-Preliminary Results \2\ in this AR. 
The period of review (``POR'') for the AR is May 1, 2013, through April 
30, 2014. The review covers three companies, RZBC Import & Export Co., 
Ltd. (``RZBC I&E''),\3\ Laiwu Taihe Biochemistry Co., Ltd. (``Taihe''), 
and Yixing Union Biochemical Ltd. (``Yixing Union''). Based on our 
analysis of the comments received, we made certain changes to our Post-
Preliminary Results. The final dumping margins for this review are 
listed in the ``Final Results'' section below.
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    \1\ See Citric Acid and Certain Citrate Salts From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2013-2014, 80 FR 32353 (June 8, 2015) 
(``Preliminary Results'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
regarding ``Decision Memorandum for the Post-Preliminary Results of 
Antidumping Duty Administrative Review: Citric Acid and Certain 
Citrate Salts from the People's Republic of China; 2013-14,'' dated 
October 27, 2015 (``Post-Preliminary Results'').
    \3\ The Department initiated the fifth administrative review on 
RZBC Co., Ltd., 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: December 14, 2015.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, Maisha Cryor, or 
Aleksandras Nakutis, 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, (202) 482-5831, or (202) 482-3147, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    For a full history of the events that have taken place since the 
publication of the Preliminary Results and the Post-Preliminary 
Results, see the Issues and Decision Memorandum.\4\ The Issues and 
Decision Memorandum is a public document and is on file in the Central 
Records Unit (``CRU''), Room B8024 of the main Department of Commerce 
building, as well as electronically via Enforcement and Compliance's

[[Page 77324]]

Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the CRU. In 
addition, parties can directly access a complete version of the Issues 
and Decision Memorandum on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
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    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary, Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, 
regarding ``Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review: Citric Acid and Certain 
Citrate Salts from the People's Republic of China,'' issued 
concurrently with this notice (``Issues and Decision Memorandum'').
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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 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. In an Appendix to this 
notice, we have provided a list of the issues raised by parties.

Changes Since the Post-Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results and Post-
Preliminary Results, we have made certain revisions to the margin 
calculations for RZBC I&E and Taihe. Further, the Final Surrogate Value 
Memorandum contains descriptions of our changes to the surrogate 
values.\5\
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    \5\ See Memorandum from Krisha Hill and Maisha Cryor to Robert 
Bolling regarding, ``Final Results of the Fifth Administrative 
Review of Citric Acid and Certain Citrate Salts from the People's 
Republic of China: Surrogate Value Memorandum,'' issued concurrently 
with this memorandum (``Final Surrogate Value Memorandum'').
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     We deducted letter of credit costs from brokerage and 
handling expense for both respondents.
     We made adjustments to labor and limestone consumption in 
Taihe's co-product calculations.
     We made adjustments to the export subsidy calculation for 
RZBC I&E.

Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Yixing Union did not have any reviewable transactions during the 
POR. We have not received any information to contradict this 
determination. Therefore, the Department determines that Yixing Union 
did not have any reviewable entries of subject merchandise during the 
POR, and will issue appropriate instructions that are consistent with 
our ``automatic assessment'' clarification, for these final results.\6\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 4, 2011) (``Assessment 
Practice Refinement'').
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Final Results

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
RZBC Import & Export Co., Ltd...........................            0.00
Laiwu Taihe Biochemistry Co., Ltd.......................            6.61
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
the Department has determined, and U.S. 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- (or 
customer)-specific assessment rates for merchandise subject to this 
review. Where appropriate, we calculated an ad valorem rate for each 
importer (or customer) by dividing the total dumping margins for 
reviewed sales to that party by the total entered values associated 
with those transactions. For duty-assessment rates calculated on this 
basis, we will direct CBP to assess the resulting ad valorem rate 
against the entered customs values for the subject merchandise. Where 
appropriate, we calculated a per-unit rate for each importer (or 
customer) by dividing the total dumping margins for reviewed sales to 
that party by the total sales quantity associated with those 
transactions. For duty-assessment rates calculated on this basis, we 
will direct CBP to assess the resulting per-unit rate against the 
entered quantity of the subject merchandise.\7\ 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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    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
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    Pursuant to a refinement in the Department's non-market economy 
(``NME'') 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 PRC-wide rate (i.e., 156.87 percent). 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 PRC-wide rate.\8\
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    \8\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
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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 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 the exporters listed above, the cash deposit 
rate will be the rate listed for each exporter in the table in the 
``Final Results'' section of this notice; (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-

[[Page 77325]]

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 intend to 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)(2) 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 double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act.

    Dated: December 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
List of Issues
Background
Scope of the Order
Discussion of the Issues
Issues
    Comment 1: Whether the Department Should Select Indonesia as the 
Primary Surrogate Country
    Comment 2: Whether the Department's Approach to the Surrogate 
Country Selection Process Is Counter to its Policy, Practice, and 
Statutory Obligations
    Comment 3: Whether the Department Should Rely on the Aditya 
Birla Financial Statements to Calculate the Financial Ratios
    Comment 4: Whether the Surrogate Financial Ratios Should be 
Based on PT Budi's Segment Financial Information
    Comment 5: Whether the Department Should Assign Surrogate Values 
to Respondents' Energy Factors of Production Values
    Comment 6: The Weight Denominator for Brokerage & Handling and 
Inland Freight
    Comment 7: Whether to Deduct Letter of Credit Cost from the 
Brokerage and Handling Surrogate Value Calculation
    Comment 8: Whether the Department Should Value Corn Using 
Indonesian Import Prices or, Alternatively, Recalculate the Thai 
Import Prices to Exclude Aberrational Data
    Comment 9: Distance to Calculate Inland Freight
    Comment 10: Whether the Department Should Make Certain Revisions 
to its Surrogate Value for Sludge
    Comment 11: Whether to Value RZBC's High Protein Scrap as a Co-
Product
    Comment 12: Whether the Department Used Incorrect Rates to 
Calculate RZBC I&E's Export Subsidy Adjustment
    Comment 13: Whether the Department Should Treat Taihe's Corn 
Feed as a By-Product
    Comment 14: Whether the Department Should Make Certain Revisions 
to Taihe's Co-Product Calculation
    Comment 15: Whether the Application of Differential Pricing 
Methodology to Taihe's Sales is Contrary to Law and Otherwise 
Unsupported by Substantial Evidence on the Record
Recommendation

[FR Doc. 2015-31427 Filed 12-11-15; 8:45 am]
 BILLING CODE 3510-DS-P