[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54536-54537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19394]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-938]


Citric Acid and Certain Citrate Salts From the People's Republic 
of China: Final Results of the Expedited Second Five-Year Sunset Review 
of the Countervailing 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 countervailing duty (CVD) order 
on citric acid and certain citrate salts (citric acid) from the 
People's Republic of China (China) would be likely to lead to 
continuation or recurrence of countervailable subsidies, at the levels 
indicated in the ``Final Results of Sunset Review'' section of this 
notice.

DATES: Applicable September 2, 2020.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4798.

SUPPLEMENTARY INFORMATION:

Background

    On May 29, 2009, Commerce published in the Federal Register a 
notice of the CVD order on citric acid from China.\1\ On May 1, 2020, 
Commerce published the notice of 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 complete 
notice of intent to participate in the sunset review of the Order 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 the People's 
Republic of China: Notice of Countervailing Duty Order, 74 FR 25705 
(May 29, 2009) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 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 an adequate 
substantive response within the deadline specified in 19 CFR 
351.218(d)(3)(i).\6\ Commerce did not receive substantive responses 
from any other interested parties 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 is conducting 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 The Countervailing 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,

[[Page 54537]]

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 
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 subsidization 
in the event of revocation of the Order and the countervailable subsidy 
rates 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(b) of the Act, we determine 
that revocation of the Order on citric acid from China would be likely 
to lead to continuation or recurrence of countervailable subsidies at 
the following net countervailable subsidy rates:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
           Manufacturers/producers/exporters                  subsidy
                                                            (percent)
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TTCA Co., Ltd..........................................            60.07
Yixing Union Biochemical Co., Ltd. and Yixing Union                52.22
 Cogeneration Co., Ltd.................................
Anhui BBCA Biochemical Co., Ltd........................           166.34
All Others.............................................            55.53
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Administrative Protective Order (APO)

    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 the final results and this 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 27, 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
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-19394 Filed 9-1-20; 8:45 am]
BILLING CODE 3510-DS-P