[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:
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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