[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26004-26006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12011]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-834]


Citric Acid and Certain Citrate Salts From Thailand: Final 
Negative Countervailing Duty Determination, and Final Negative Critical 
Circumstances Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are not being provided to producers and 
exporters of

[[Page 26005]]

citric acid and certain citrate salts (citric acid) from Thailand. The 
period of investigation is January 1, 2016, through December 31, 2016. 
In addition, we determine that critical circumstances do not exist with 
respect to imports of the subject merchandise.

DATES: Applicable June 5, 2018.

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

    Commerce published the Preliminary Determination on November 3, 
2017.\1\ We invited interested parties to comment on the Preliminary 
Determination. Commerce exercised its discretion to toll all deadlines 
affected by the closure of the Federal Government from January 20 
through 22, 2018. The revised deadline for the final determination of 
this investigation is now May 29, 2018.\2\ On February 23, 2018, 
Commerce issued a Post- Preliminary Results Decision Memorandum with 
respect to New Subsidy Allegations.\3\
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    \1\ See 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, 82 FR 51216 
(November 3, 2017) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
    \3\ See Commerce Post-Preliminary Results Decision Memorandum 
Regarding New Subsidy Allegations dated February 23, 2018.
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum, which is hereby adopted by this 
notice.\4\
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    \4\ See Memorandum from Gary Taverman, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to 
Christian Marsh, Deputy Assistant Secretary for Enforcement and 
Compliance, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance ``Decision 
Memorandum for the Final Negative Countervailing Duty Determination 
and Final Negative Critical Circumstances Determination of Citric 
Acid and Certain Citrate Salts from Thailand,'' dated concurrently 
with this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is citric acid from 
Thailand. For a full description of the scope of this investigation, 
see the ``Scope of the Investigation'' in Appendix I of this notice.

Scope Comments

    Prior to the Preliminary Determination, we issued a Preliminary 
Scope Decision Memorandum.\5\ We subsequently invited parties to submit 
additional scope comments in their case briefs, but received none. 
Therefore, for the final determination, we continue to find that the 
scope of the investigation as defined in the Initiation Notice \6\ and 
the Preliminary Determination \7\ remains applicable. See Appendix I.
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    \5\ See Memorandum ``Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated December 1, 2017 (Preliminary 
Scope Decision Memorandum).
    \6\ See Citric Acid and Certain Citrate Salts from Belgium, 
Colombia, and Thailand: Initiation of Less-Than-Fair-Value 
Investigations, 82 FR 29828 (June 30, 2017) (Initiation Notice) and 
accompanying Initiation Checklist.
    \7\ See Preliminary Determination, 82 FR at 51216.
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in November and December 2017, we conducted verification of 
the information submitted by the Royal Thai Government (RTG); COFCO 
Biochemical (Thailand) Co., Ltd. (COFCO); Niran (Thailand) Co., Ltd. 
(Niran); and Sunshine Biotech International Co., Ltd. (Sunshine) for 
use in our final determination. We used standard verification 
procedures, including an examination of relevant accounting and 
production records, and original source documents provided by the RTG, 
COFCO, Niran, and Sunshine.

Analysis of Subsidy Programs and Comments Received

    All issues raised in the case and rebuttal briefs submitted by the 
interested parties are addressed in the Issues and Decision Memorandum 
accompanying this notice, which is hereby adopted by this notice. A 
list of the issues addressed in the Issues and Decision Memorandum is 
attached to this notice at Appendix II. The Issues and 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 it is available to 
all parties in the Central Records Unit, Room B-8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the respondents' subsidy rate 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Final Negative Determination of Critical Circumstances

    In the Preliminary Determination, Commerce explained that a finding 
of critical circumstances is only relevant if, due to an affirmative 
preliminary or affirmative final determination, there is a suspension 
of liquidation.\8\ However, Commerce preliminarily determined that the 
mandatory respondents received de minimis net subsidy rates. Thus, 
Commerce issued a negative Preliminary Determination, did not suspend 
liquidation, and preliminarily found that critical circumstances did 
not exist.\9\
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    \8\ See Preliminary Decision Memorandum at 5.
    \9\ Id. at 5; see also Preliminary Determination, 82 FR at 
51217.
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    We continue to find that the mandatory respondents received de 
minimis net subsidy rates and, thus, we have issued a negative final 
determination. Accordingly, we also continue to find that critical 
circumstances do not exist.

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have 
calculated individual rates for the three producers/exporters of 
subject merchandise that are under investigation. We determine that the 
total net countervailable subsidy rates are as follows:

[[Page 26006]]



------------------------------------------------------------------------
                                                        Ad Valorem Rate
                       Company                           (% de minimis)
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COFCO Biochemical (Thailand) Co., Ltd. (COFCO).......               0.00
Niran (Thailand) Co., Ltd. (Niran)...................               0.00
Sunshine Biotech International Co., Ltd. (Sunshine)..               0.21
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    The Department has not calculated an all-others rate because it has 
not reached an affirmative final determination. In the Preliminary 
Determination, the total net countervailable subsidy rates for the 
three companies were de minimis and, therefore, we did not suspend 
liquidation. Because the rates for the three companies remain de 
minimis, we are not directing U.S. Customs and Border Protection to 
suspend liquidation of entries of citric acid from Thailand.

Disclosure

    Commerce intends to disclose to interested parties its calculations 
and analysis performed in this final determination within five days of 
any public announcement in accordance with 19 CFR 351.224(b).

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. As our final determination is negative, this 
proceeding is terminated.

Notification Regarding Administrative Protective Orders (APOs)

    This notice serves as the only 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). Failure to 
comply is a violation of the APO.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: May 29, 2018.
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 I

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.

Appendix II

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. New Subsidy Allegation
V. Subsidies Valuation
VI. Benchmark and Discount Rates
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Include Respondents' Imports of 
Chinese-Origin Machinery and Equipment Made Pursuant to the 
Association of Southeast Asian Nations (ASEAN)-China Free Trade Area 
(FTA) in the Benefit Calculation of the IPA Section 28 Program
Comment 2: Whether Subsidies Received by COFCO Biochemical 
(Thailand) Co., Ltd.'s (COFCO) Predecessor, World Best Biochemical 
(Thailand) Co., Ltd., (World Best), Are Countervailable
Comment 3: Whether Commerce Should Find Duty Exemptions on Imports 
of Raw Materials Under the Section 36 IPA Program to be 
Countervailable
IX. Recommendation

[FR Doc. 2018-12011 Filed 6-4-18; 8:45 am]
 BILLING CODE 3510-DS-P