[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32710-32712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14560]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Jungbunzlauer Canada, Inc. (JBL Canada), producer/exporter of 
citric acid and certain citrate salts (citric acid) from Canada, did 
not sell subject merchandise at prices below normal value (NV) during 
the period of review (POR) May 1, 2017 through April 30, 2018. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable July 9, 2019.

FOR FURTHER INFORMATION CONTACT: Joseph Dowling or George Ayache, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-1646 or (202) 
482-2623, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 12, 2018, in accordance with 19 CFR 351.221(c)(1)(i), we 
published a notice of initiation of an administrative review of the 
antidumping duty order on citric acid from Canada.\1\ On December 20, 
2018, Commerce postponed the deadline for the preliminary results of 
this administrative review until March 18, 2019, in accordance with 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2).\2\ 
Subsequently, Commerce exercised its discretion to toll all deadlines 
affected by the partial federal government closure from December 22, 
2018, through the resumption of operations on January 29, 2019.\3\ The 
revised deadline for the preliminary results in this administrative 
review is July 10, 2019.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 32270 (July 12, 2018).
    \2\ See Memorandum to James Maeder, Associate Deputy Assistance 
Secretary for Antidumping and Countervailing Duty Operations 
performing the duties of Deputy Assistance Secretary for Antidumping 
and Countervailing Duty Operations, ``Citric Acid and Certain 
Citrate Salts from Canada: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
20, 2018.
    \3\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations for Enforcement and Compliance, ``Deadlines Affected by 
the Partial Shutdown of the Federal Government,'' dated January 28, 
2019. All deadlines in this segment of the proceeding have been 
extended by 40 days.
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Scope of the Order

    The merchandise covered by the Order \4\ 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.\5\
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    \4\ 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) (Order).
    \5\ A full description of the scope of the Order is contained in 
the Memorandum, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Citric Acid and Certain 
Citrate Salts from Canada; 2017-2018'' (Preliminary Decision 
Memorandum), dated concurrently with, and hereby adopted by, this 
notice.

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[[Page 32711]]

Methodology

    Commerce is conducting this review in accordance with sections 
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. Normal value 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. 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 http://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed at http://enforcement.trade.gov/frn/index.html. 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.

Preliminary Results of the Review

    As a result of this review, Commerce preliminarily determines that 
a weighted-average dumping margin of 0.00 percent exists for JBL Canada 
for the period May 1, 2017 through April 30, 2018.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties 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 to Commerce no later than 
30 days after the date of publication of this notice.\6\ 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.\7\ 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. Case and rebuttal briefs 
should be filed using ACCESS.\8\
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    \6\ See 19 CFR 351.309(c)(1)(ii).
    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.303.
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    All submissions to Commerce must be filed electronically using 
ACCESS, and must also be served on interested parties.\9\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time on the date that the document is due.
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    \9\ See 19 CFR 351.303(f).
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    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, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\10\ 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 raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce 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.
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    \10\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), Commerce 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.\11\
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    \11\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\12\
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    \12\ See 19 CFR 351.212(b)(1).
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    If JBL Canada's calculated weighted-average dumping margin is above 
de minimis (i.e., greater than or equal to 0.5 percent) in the final 
results of this review, we will calculate 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, and we will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review. If JBL Canada's weighted-average dumping margin 
continues to be 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.\13\
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    \13\ See 19 CFR 351.106(c)(2).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by JBL 
Canada for which it did not know its merchandise was destined for the 
United States, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate.\14\
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    \14\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise 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) 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 merchandise exported by 
manufacturers or exporters not covered in this review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently-completed 
segment; (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 
recently-completed segment 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.\15\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \15\ See Order.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of

[[Page 32712]]

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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    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: July 2, 2019.
Jeffrey I. Kessler,
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
V. Recommendation

[FR Doc. 2019-14560 Filed 7-8-19; 8:45 am]
 BILLING CODE 3510-DS-P