[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71306-71308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24829]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-813]


Citric Acid and Certain Citrate Salts From Belgium: 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 S.A. Citrique Belge N.V. (Citrique Belge), the sole respondent 
subject to this antidumping duty (AD) administrative review, did not 
make sales of subject merchandise at less than normal value during the 
period of review (POR) January 8, 2018 through June 30, 2019. 
Interested parties are invited to comment on these preliminary results 
of review.

[[Page 71307]]


DATES: Applicable November 9, 2020.

FOR FURTHER INFORMATION CONTACT: Stephanie Berger, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2483.

SUPPLEMENTARY INFORMATION:

Background

    On September 9, 2019, Commerce published a notice initiating an AD 
administrative review of citric acid and certain citrate salts (citric 
acid) from Belgium covering Citrique Belge for the POR.\1\ On March 13, 
2020, Commerce extended the deadline for issuing the preliminary 
results of this review.\2\ On April 24, 2020, Commerce tolled all 
deadlines in administrative reviews by 50 days.\3\ On July 21, 2020 
Commerce tolled all deadlines in administrative reviews by 60 days, 
thereby extending the deadline for these preliminary results until 
November 17, 2020.\4\ For a complete description of the events that 
followed, see the Preliminary Decision Memorandum.\5\ A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix to this notice. 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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 47242 (September 9, 2019).
    \2\ See Memorandum, ``Citric Acid and Certain Citrate Salts from 
Belgium: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated March 13, 2020.
    \3\ 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.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2019 Antidumping Duty Administrative Review: 
Citric Acid and Certain Citrate Salts from Belgium,'' 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 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 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 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.
    The scope 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.
    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 subheadings are provided for convenience 
and customs purposes, the written description of the merchandise is 
dispositive.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
has been 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.

Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period January 8, 2018 through 
June 30, 2019:

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
S.A. Citrique Belge N.V....................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations used in its analysis 
to interested parties in this review within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties are invited to comment on the preliminary results of 
this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties 
may submit case briefs no later than 30 days after the date of 
publication of this notice. 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.\6\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are requested to submit with each 
argument: (1) A statement of the issue, (2) a brief summary of the 
argument, and (3) a table of authorities.\7\ Case and rebuttal briefs 
should be filed using ACCESS.\8\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\9\
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    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.
    \9\ 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), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a hearing is requested, Commerce will notify interested 
parties of the hearing date and time. 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 within 30 days after the date of publication of this notice. 
Requests should contain: (1) The party's name, address, and telephone 
number; (2) the number of hearing participants; and (3) a list of the 
issues to be discussed in the hearing. Issues raised in the hearing 
will

[[Page 71308]]

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 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.
    We intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\10\
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    \10\ See section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).
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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.\11\ If 
Citrique Belge'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 assessment 
ad valorem rates based on the ratio of the total amount of antidumping 
duties calculated for the importer's examined sales and the total 
entered value of the sales in accordance with 19 CFR 351.212(b)(1). If 
Citrique Belge's weighted-average dumping margin continues to be zero 
or de minimis, or the importer-specific assessment rate is zero or de 
minimis in the final results of review, we intend to instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\12\ The final results of this review will 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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    \11\ See 19 CFR 351.212(b)(1).
    \12\ See 19 CFR 351.106(c)(2).
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    In accordance with our ``automatic assessment'' practice, for 
entries of subject merchandise during the POR produced by Citrique 
Belge for which Citrique Belge did not know that the merchandise it 
sold to the intermediary (e.g., a reseller, trading company, or 
exporter) was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction.\13\ We 
intend to issue instructions to CBP 15 days after publication of the 
final results of this review.
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    \13\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of citric acid from Belgium entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Citrique Belge 
will be the rate established in the final results of this 
administrative review, except if the rate is less than 0.50 percent 
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rate will be zero; (2) for merchandise 
exported by 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 
19.30 percent, the all-others rate established in the less-than-fair-
value investigation.\14\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \14\ See Citric Acid and Certain Citrate Salts from Belgium, 
Colombia and Thailand: Antidumping Duty Orders, 83 FR 35214 (July 
25, 2018).
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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) 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

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: November 3, 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. Date of Sale
VI. Product Comparisons
VII. Export Price and Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2020-24829 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P