[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50009-50010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17920]


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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: Final Results of Second Expedited Sunset Review of 
Antidumping Duty Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the antidumping duty (AD) order on 
citric acid and certain citrate salts from the People's Republic of 
China (China) would be likely to lead to a continuation or recurrence 
of dumping, at the levels identified in the ``Final Results of Sunset 
Review'' section of this notice.

DATES: Applicable August 17, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Zachary Shaykin, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 
482-2638, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 29, 2009, Commerce published in the Federal Register a 
notice of the AD order on citric acid and certain citrate salts from 
China.\1\ On May 1, 2020, Commerce published its initiation of the 
second sunset review of the Order, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\2\ On May 18, 2020, Commerce 
received a timely and complete notice of intent to participate in the 
sunset review in relation to the order on subject merchandise from 
China from domestic interested parties \3\ within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\4\ The domestic interested 
parties claimed interested party status pursuant to section 771(9)(C) 
of the Act as manufacturers in the United States of the domestic like 
product.\5\
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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) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 25386 
(May 1, 2020).
    \3\ The domestic interested parties are Archer Daniels Midland 
Company; Cargill, Incorporated; and Tate & Lyle Ingredients Americas 
LLC (collectively, domestic interested parties).
    \4\ See Domestic Interested Parties' Letter, ``Second Five-Year 
(`Sunset') Review Of Antidumping And Countervailing Duty Orders On 
Citric Acid And Certain Citrate Salts from the People's Republic of 
China: Domestic Industry's Notice Of Intent To Participate,'' dated 
May 18, 2020.
    \5\ Id. at 2.
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    On June 1, 2020, the domestic interested parties filed a timely and 
adequate substantive response within the deadline specified in 19 CFR 
351.218(d)(3)(i).\6\ Commerce did not receive substantive responses 
from any respondent interested party with respect to the Order covered 
by this sunset review. As a result, pursuant to section 751(c)(3)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an 
expedited (120-day) sunset review of the Order.
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    \6\ See Domestic Interested Parties' Letter, ``Second Five-Year 
(`Sunset') Review Of Antidumping Duty Order On Citric Acid And 
Certain Citrate Salts from the People's Republic of China: Domestic 
Industry's Substantive Response,'' dated June 1, 2020.
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Scope of the Order

    The scope of the order 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 of the order 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 of the 
order does not include calcium citrate that satisfies the

[[Page 50010]]

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. The scope of the order 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. 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, our written description of the 
scope is dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the Order and the magnitude of the margins 
likely to prevail if the Order were to be revoked, is provided in the 
Issues and Decision Memorandum. A list of the topics discussed in the 
Issues and Decision Memorandum is attached as an appendix to this 
notice. 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Issues and Decision Memorandum are 
identical in content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order on citric acid and 
certain citrate salts from China would be likely to lead to a 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail is up to 156.87 percent.

Notification Regarding Administrative Protective Orders

    This notice also 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 an APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective orders, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218(f)(3).

    Dated: August 11, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    A. Likelihood of Continuation or Recurrence of Dumping
    B. Magnitude of the Dumping Margins Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-17920 Filed 8-14-20; 8:45 am]
BILLING CODE 3510-DS-P