[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7500-7502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02996]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-853]
Citric Acid and Certain Citrate Salts From Canada: Preliminary
Results of Antidumping Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on citric acid and
certain citrate salts (citric acid) from Canada. The period of review
(POR) is May 1, 2014, through April 30, 2015. The review covers one
producer/exporter of the subject merchandise, Jungbunzlauer Canada Inc.
(JBL Canada). We preliminarily determine that sales of subject
merchandise by JBL Canada were not made at prices below normal value
(NV). We invite interested parties to comment on these preliminary
results.
DATES: Effective Date: February 12, 2016.
FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Katherine Johnson,
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) 482-4007
or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
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.\1\
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\1\ 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, ``Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Citric Acid and Certain Citrate Salts from
Canada; 2014-2015'' (Preliminary Decision Memorandum), dated
concurrently with these results and hereby adopted by this notice.
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[[Page 7501]]
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. NV is calculated in accordance with section 773 of the Act.
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).\2\ ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, Room
B8024 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
at http://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an Appendix to this
notice.
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\2\ On November 14, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (IA ACCESS) to AD and CVD Centralized
Electronic Service System (ACCESS). The Web site location was
changed from http://iaacess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of the Review \3\
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\3\ As explained in the memorandum from the Acting Assistant
Secretary for Enforcement & Compliance, the Department has exercised
its discretion to toll all administrative deadlines due to the
recent closure of the Federal Government. See Memorandum to the
Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance,
regarding ``Tolling of Administrative Deadlines as a Result of the
Government Closure During Snowstorm Jonas,'' dated January 27, 2016.
All deadlines in this segment of the proceeding have been extended
by four business days. The revised deadline for the preliminary
determination of this administrative review is now February 5, 2016.
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As a result of this review, the Department preliminarily determines
that a weighted-average dumping margin of 0.00 percent exists for JBL
Canada for the period May 1, 2014, through April 30, 2015.
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
Interested parties may submit case briefs not later than 30 days
after the date of publication of this notice.\4\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\5\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\4\ See 19 CFR 351.309(c).
\5\ See 19 CFR 351.309(d).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, within 30 days after the date
of publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues parties intend to be discuss. Issues raised in
the hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
date to be determined. See 19 CFR 351.310(d). Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
The Department intends to issue the final results of this
administrative review, including the results of its analysis of issues
raised in any written briefs, not later than 120 days after the date of
publication of this notice, unless the deadline is extended.\6\
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\6\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\7\
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\7\ See 19 CFR 351.212(b)(1).
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We calculated importer-specific ad valorem duty assessment rates
based on the ratio of the total amount of antidumping duties calculated
for the examined sales to the total entered value of the examined sales
to that importer. We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or the importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\8\
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\8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012); see also 19 CFR 351.106(c)(2).
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We intend to issue instructions to CBP 41 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following 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 the rate established in the final results of this review, except if
the rate is de minimis within the meaning of 19 CFR 351.106(c)(1)
(i.e., less than 0.50 percent), in which case the cash deposit rate
will be zero; (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 prior review, or
the original 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 established in the less-than-fair-value
investigation.\9\ These requirements, when imposed, shall remain in
effect until further notice.
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\9\ 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 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
[[Page 7502]]
this requirement could result in the Secretary'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 351.221(b)(4).
Dated: February 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Fair Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
B. Product Comparisons
C. Constructed Export Price
D. Normal Value
1. Home Market Viability and Selection of Comparison Market
2. Level of Trade (LOT)
E. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
F. Calculation of NV Based on Comparison Market Prices
G. Currency Conversion
V. Recommendation
[FR Doc. 2016-02996 Filed 2-11-16; 8:45 am]
BILLING CODE 3510-DS-P