[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51216-51217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23973]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-834]


Citric Acid and Certain Citrate Salts From Thailand: Preliminary 
Negative Countervailing Duty Determination, Preliminary Negative 
Critical Circumstances Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are not being provided to 
producers and exporters of citric acid and certain citrate salts from 
Thailand. The period of investigation is January 1, 2016, through 
December 31, 2016.

DATES: Applicable November 3, 2017.

FOR FURTHER INFORMATION CONTACT: John Conniff or Jolanta Lawska, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone 202-482-1009 or 202-482-8362, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on June 30, 
2017.\1\ On August 15, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
October 30, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as an Appendix to 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). 
ACCESS is available to registered users at https://access.trade.gov, 
and is available 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 directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \1\ See Citric Acid and Certain Citrate Salts from Thailand: 
Initiation of Countervailing Duty Investigation, 82 FR 29836 (June 
30, 2017) (Initiation Notice) and accompanying Initiation Checklist.
    \2\ See Notice of Postponement of Preliminary Determination in 
the Countervailing Duty Investigation, 82 FR 38670 (August 15, 2017) 
(Preliminary Postponement Notice).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Negative Countervailing Duty Determination, Preliminary Negative 
Critical Circumstances Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination of Citric 
Acid and Certain Citrate Salts from Thailand,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The merchandise covered by this investigation includes all grades 
and granulation sizes of citric acid, sodium citrate, and potassium 
citrate in their unblended forms, whether dry or in solution, and 
regardless of packaging type. The scope also includes blends of citric 
acid, sodium citrate, and potassium citrate; as well as blends with 
other ingredients, such as sugar, where the unblended form(s) of citric 
acid, sodium citrate, and potassium citrate constitute 40 percent or 
more, by weight, of the blend.
    The scope also includes all forms of crude calcium citrate, 
including dicalcium citrate monohydrate, and tricalcium citrate 
tetrahydrate, which are intermediate products in the production of 
citric acid, sodium citrate, and potassium citrate.
    The scope includes 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.
    The scope does not include calcium citrate that satisfies the 
standards set forth in the United States Pharmacopeia and has been 
mixed with a functional excipient, such as dextrose or starch, where 
the excipient constitutes at least 2 percent, by weight, of the 
product.
    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, if included in a mixture or blend, 
3824.99.9295 of the HTSUS. Blends that include citric acid, sodium 
citrate, and potassium citrate are classifiable under 3824.99.9295 of 
the HTSUS. Although the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the merchandise is 
dispositive.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period for parties to raise issues 
regarding product coverage (i.e., scope).\5\ Certain interested parties 
commented on the scope of this investigation as it appeared in the 
Initiation Notice.
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    \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 82 FR at 29836.
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    The Department intends to issue its preliminary decision regarding

[[Page 51217]]

comments concerning the scope of the antidumping duty (AD) and 
countervailing duty (CVD) investigations in the preliminary 
determination of the companion AD investigations.

Methodology

    The Department is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, the Department preliminarily determines that there is 
a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
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    \6\ 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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Preliminary Negative Determination of Critical Circumstances

    The Department preliminary determines that critical circumstances 
do not exist. For a full description of the methodology and results of 
the Department's analysis, see the Preliminary Decision Memorandum.

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department 
is aligning the final CVD determination in this investigation with the 
final determination in the companion AD investigation of citric acid 
and certain citrate salts based on a request made by the 
petitioners.\7\ Consequently, the final CVD determination will be 
issued on the same date as the final AD determination, which is 
currently scheduled to be issued no later than March 14, 2018, unless 
postponed.
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    \7\ The petitioners in this investigation are Archer Daniels 
Midland Company, Cargill, Incorporated, and Tate & Lyle Ingredients 
Americas LLC (collectively, the petitioners). See Letter from the 
petitioners, ``Countervailing Duty Investigation of Citric Acid and 
Certain Citrate Salts from Thailand: Request for Alignment,'' dated 
October 11, 2017.
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Preliminary Determination

    For this preliminary determination, the Department calculated de 
minimis estimated countervailable subsidies for all individually 
examined producers/exporters of the subject merchandise. Consistent 
with section 703(b)(4)(A) of the Act, the Department has disregarded 
the de minimis rates. The Department preliminarily determines that the 
following estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                              2016 Ad
                         Company                           Valorem rate
                                                          (% de minimis)
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COFCO Biochemical (Thailand) Co., Ltd. (COFCO)..........            0.18
Niran (Thailand) Co., Ltd. (Niran)......................            0.11
Sunshine Biotech International Co., Ltd. (Sunshine).....            0.21
------------------------------------------------------------------------

    Consistent with section 703(d) of the Act, the Department has not 
calculated an estimated weighted-average subsidy rate for all other 
producers/exporters because it has not made an affirmative preliminary 
determination.

Suspension of Liquidation

    Because the Department preliminarily determines that no 
countervailable subsidies are being provided to the production or 
exportation of subject merchandise, the Department will not direct U.S. 
Customs and Border Protection to suspend liquidation of any such 
entries.

Disclosure

    The Department intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information relied upon in making its final 
determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
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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    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (ITC) of our determination. If the final 
determination is affirmative, the ITC will make its final determination 
within 75 days after the Department's final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

     Dated: October 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Negative Determination of Critical Circumstances
VI. New Subsidy Allegation
VII. Alignment
VIII. Injury Test
IX. Subsidies Valuation
X. Analysis of Programs
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Recommendation

[FR Doc. 2017-23973 Filed 11-2-17; 8:45 am]
BILLING CODE 3510-DS-P