[Federal Register Volume 85, Number 156 (Wednesday, August 12, 2020)]
[Notices]
[Pages 48672-48674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17639]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-833]


Citric Acid and Certain Citrate Salts From Thailand: Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of citric acid and certain citrate salts (citric acid) from 
Thailand were made by COFCO Biochemical (Thailand) Co., Ltd. (COFCO) 
and Niran (Thailand) Co., Ltd. (Niran) at less than normal value (NV) 
during the period of review (POR) January 8, 2018 through June 30, 
2019. We also find that Sunshine Biotech International Co., Ltd. 
(Sunshine) did not sell citric acid at less than NV during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable August 12, 2020.

FOR FURTHER INFORMATION CONTACT: Joy Zhang 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:

[[Page 48673]]

(202) 482-1168 or (202) 482-8362, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 25, 2018, Commerce published the Citric Acid Order in the 
Federal Register.\1\ On September 9, 2019, pursuant to section 
751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce 
initiated an administrative review of the Citric Acid Order covering 
COFCO, Niran, and Sunshine.\2\ On March 2, 2020, Commerce extended the 
deadline for the preliminary results to July 30, 2020.\3\ On April 24, 
2020, Commerce tolled all deadlines in administrative reviews by 50 
days.\4\ On July 21, 2020, Commerce tolled all deadlines in 
administrative reviews by an additional 60 days.\5\ The deadline for 
the preliminary results of this review is now November 17, 2020. For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\6\
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    \1\ See Citric Acid and Certain Citrate Salts from Belgium, 
Colombia and Thailand: Antidumping Duty Orders, 83 FR 35214 (July 
25, 2018) (Citric Acid Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 47242 (September 9, 2019).
    \3\ See Memorandum, ``Citric Acid from Thailand: Extension of 
Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review; 2018/2019,'' dated March 2, 2020.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Preliminary Results of Antidumping Duty Administrative Review: 
Citric Acid and Certain Citrate Salts from Thailand; 2018-2019,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by this review 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.
    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 sub-headings are provided for convenience 
and customs purposes, the written description of the merchandise is 
dispositive. For a full description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Export price and constructed export price were 
calculated in accordance with section 772 of the Act. Normal value was 
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). 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 Decision Memorandum are identical 
in content. A list of 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, we preliminarily determine the 
following weighted-average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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COFCO Biochemical (Thailand) Co., Ltd. (COFCO)..............        0.76
Niran (Thailand) Co., Ltd...................................       54.11
Sunshine Biotech International Co., Ltd.....................    0.00 (de
                                                                minimis)
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review. If the weighted-average dumping margin for listed above 
companies are not zero or de minimis (i.e., less than 0.5 percent), we 
will calculate importer-specific ad valorem antidumping duty assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1).\7\ 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 (i.e., 0.5 percent). 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. The final results of this review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise covered by the final results of this review where 
applicable.
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    \7\ In the preliminary results, Commerce applied the assessment 
rate calculation method adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent which did not know that its merchandise was destined for the 
United States, we will instruct CBP to liquidate entries not reviewed 
at the all-others rate of 11.25 percent if there is no rate for the 
intermediate company(ies) involved in the transaction. We intend to 
issue instructions to CBP 15 days after publication of the final 
results of this review.\8\
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    \8\ See 19 CFR 356.8(a).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of citric acid from Thailand entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results, as provided by section 751(a)(2) of the Act: (1) The 
cash deposit rate for the firms listed above will be equal to the 
dumping margins established in the final results of this review, except 
if the ultimate rates are de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rates will be zero; (2) 
for merchandise exported by

[[Page 48674]]

producers or exporters not covered in this administrative 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 of this proceeding in which the producer or 
exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original less-than-fair-value 
investigation but the producer is, then the cash deposit rate will be 
the rate established for the most recently completed segment of the 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
11.25 percent, the all-others rate established in the antidumping duty 
investigation.\9\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ See Citric Acid Order.
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Disclosure and Public Comment

    Commerce intends to disclose to the parties to the proceeding the 
calculations performed in connection with these preliminary results to 
interested parties within five days of publication of this notice.\10\
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    \10\ See 19 CFR 351.224(b).
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    Interested parties may submit case briefs to Commerce in response 
to these preliminary results no later than 30 days after the 
publication of this notice.\11\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the date for filing case briefs.\12\ 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.\13\ Case and rebuttal briefs 
should be filed using ACCESS.\14\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\15\
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    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020); Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for 
general filing requirements).
    \14\ See generally 19 CFR 351.303.
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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, filed electronically via 
ACCESS. An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice.\16\ 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 issues 
raised in the briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined.\17\
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    \16\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
    \17\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of these preliminary results in the Federal Register, 
unless otherwise extended.\18\
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    \18\ See section 751(a)(3)(A) of the Act.
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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 this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled 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 351.213(h)(1).

    Dated: August 5, 2020.
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. 2020-17639 Filed 8-11-20; 8:45 am]
BILLING CODE 3510-DS-P