[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]
[Notices]
[Pages 9722-9723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02528]


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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, Preliminary Determination of No Shipments, and Preliminary 
Partial Rescission of Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
the seventh 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 Department selected two 
companies, RZBC Co., Ltd., RZBC Import & Export Co., Ltd., and RZBC 
(Juxian) Co., Ltd. (collectively, ``RZBC'') and Laiwu Taihe 
Biochemistry Co., Ltd. (``Taihe''), as mandatory respondents for 
individual examination. The period of review (``POR'') for the AR is 
May 1, 2015 through April 30, 2016. The Department is rescinding the 
review with respect to RZBC. Further, the Department preliminarily 
finds that Taihe is part of the PRC-wide entity.

DATES: Effective February 8, 2017.

FOR FURTHER INFORMATION CONTACT: Krisha Hill or Maliha Khan, Office IV, 
Enforcement & Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-4037 or (202) 482-0895, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the order include the hydrous and anhydrous 
forms of citric acid, the dihydrate and anhydrous forms of sodium 
citrate, otherwise known as citric acid sodium salt, and the 
monohydrate and monopotassium forms of potassium citrate. Sodium 
citrate also includes both trisodium citrate and monosodium citrate, 
which are also known as citric acid trisodium salt and citric acid 
monosodium salt, respectively. Citric acid and sodium citrate are 
classifiable under 2918.14.0000 and 2918.15.1000 of the Harmonized 
Tariff Schedule of the United States (``HTSUS''), respectively. 
Potassium citrate and crude calcium citrate are classifiable under 
2918.15.5000 and 3824.90.9290 of the HTSUS, respectively. Blends that 
include citric acid, sodium citrate, and potassium citrate are 
classifiable under 3824.90.9290 of the HTSUS. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.\1\
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    \1\ 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) for a full description of the scope of the order.
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Rescission of Administrative Review in Part

    On May 31, 2016, Archer Daniels Midland Company, Cargill, 
Incorporated, and Tate & Lyle Ingredients Americas LLC (collectively 
``Petitioners'') requested an AR of subject merchandise exported by 
RZBC, Taihe, and an additional 16 companies. Subsequently, on October 
5, 2016, Petitioners timely withdrew their request for an AR of 
RZBC.\2\ No other party requested a review with respect to RZBC. 
Therefore, the Department, pursuant to 19 CFR 351.213(d)(1), is 
rescinding this AR with respect to RZBC.
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    \2\ See Letter from Petitioners to the Department, ``Citric Acid 
and Certain Citrate Salts from the People's Republic of China / 
Partial Withdrawal of Request for Administrative Review,'' dated 
October 5, 2016.
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Preliminary Determination of No Shipments

    Two companies for which a review was requested, Niran (Thailand) 
Co., Ltd. (``Niran'') and Niran Biochemical Limited (``Niran 
Biochemical''), timely submitted certifications indicating that they 
had no exports, sales, shipments, or entries of subject merchandise 
during the POR. Consistent with our practice, the Department requested 
that U.S. Customs and Border Protection (``CBP'') conduct a query on 
potential shipments made by Niran and Niran Biochemical during the POR; 
CBP provided no evidence that contradicted the companies' claims of no 
shipments. Based on the no shipment certifications submitted by Niran 
and Niran Biochemical, and our analysis of the CBP information, we 
preliminarily determine that Niran and Niran Biochemical had no 
shipments during the POR. However, consistent with our practice in non-
market economy (``NME'') cases, the Department intends to complete the 
review with respect to Niran and Niran Biochemical and issue 
appropriate instructions to CBP based on the final results of the 
review.

Methodology

    The Department is conducting this AR in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.\3\ This 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 https://access.trade.gov/login.aspx and 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 
directly at http://enforcement.trade.gov/frn/index.html/. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary

[[Page 9723]]

Decision Memorandum are identical in content.
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    \3\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary, Antidumping and Countervailing Duty Operations, 
to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement 
and Compliance, ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review, Preliminary Determination of 
No Shipments, and Preliminary Partial Rescission of Antidumping Duty 
Administrative Review: Citric Acid and Certain Citrate Salts from 
the People's Republic of China; 2015-2016,'' issued concurrently 
with this notice (``Preliminary Decision Memorandum'').
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Preliminary Results of Review

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this AR.\4\ Aside from RZBC, for which 
the AR is being rescinded, the Department considers all other companies 
for which a review was requested to be part of the PRC-wide entity. 
Because Taihe did not respond to the Department's original 
questionnaire and did not provide separate rate information, Taihe has 
not established its eligibility for separate rate status and, 
therefore, is part of the PRC-wide entity.
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    \4\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 
Under this policy, the PRC-wide entity will not be under review 
unless a party specifically requests, or the Department self-
initiates, a review of the entity. Because no party requested a 
review of the PRC-wide entity in this review, the entity's rate 
(i.e., 156.87 percent) is not subject to change.
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    In addition to Taihe, 14 companies listed in the Initiation Notice 
and, thus, subject to this AR, failed to provide separate rate 
applications or separate rate certifications necessary to establish 
their eligibility for a separate rate. Therefore, the Department 
preliminarily determines that these 14 companies are not eligible for a 
separate rate and are part of the PRC-wide entity.
    The rate previously established for the PRC-wide entity in this 
proceeding is 156.87 percent.\5\ For additional information, see the 
Preliminary Decision Memorandum.
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    \5\ See Citric Acid and Certain Citrate Salts from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2013-2014, 80 FR 77323, 77324 (December 14, 2015).
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Disclosure and Public Comment

    Interested parties may submit case briefs and/or written comments, 
filed electronically using ACCESS, within 30 days of the date of 
publication of these preliminary results of review.\6\ Rebuttal briefs, 
limited to issues raised in the case briefs, will be due five days 
after the due date for case briefs.\7\ Parties who submit case or 
rebuttal briefs in this proceeding are requested to submit with each 
argument a statement of the issue, a summary of the argument not to 
exceed five pages, and a table of authorities.\8\
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    \6\ See 19 CFR 351.309(c).
    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.309(c).
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    Further, interested parties who wish to request a hearing must 
submit a written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the 
publication of this notice.\9\ Electronically filed case briefs/written 
comments and hearing requests must be received successfully in their 
entirety by the Department's electronic records system, ACCESS, by 5:00 
p.m. Eastern Time, within 30 days after the date of publication of this 
notice.\10\ Hearing requests should contain: (1) The party's name, 
address and telephone number; (2) the number of participants; and (3) a 
list of issues to be discussed. Issues raised in the hearing will be 
limited to those issues raised in the respective case briefs. If a 
request for a hearing is made, parties will be notified of the time and 
date of the hearing which will be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
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    \9\ See 19 CFR 351.310(c).
    \10\ Id.
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    The Department intends to issue the final results of this AR, 
including the results of its analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless extended, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\11\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. The Department intends to instruct CBP to 
liquidate entries of subject merchandise from the PRC-wide entity, 
including entries of subject merchandise from Taihe, at 156.87 percent 
(the PRC-wide rate).\12\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this AR 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 
review, as provided by section 751(a)(2)(C) of the Act: (1) For 
previously investigated or reviewed PRC and non-PRC exporters which are 
not under review in this segment of the proceeding but which have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recently completed segment of this 
proceeding; (2) 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, 156.87 percent; and (3) 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(s) 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 and 
351.221(b)(4).

    Dated: January 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Partial Rescission
IV. Scope of the Order
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2017-02528 Filed 2-7-17; 8:45 am]
 BILLING CODE 3510-DS-P