[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Pages 7989-7990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02232]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-833]


Citric Acid and Certain Citrate Salts From Thailand: Partial 
Rescission of Antidumping Duty Administrative Review, 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty order on citric acid and 
certain citrate salts (citric acid) from Thailand covering the period 
of review (POR) July 1, 2019, through June 30, 2020, in part, with 
respect to Niran (Thailand) Co., Ltd. (Niran), based on a timely 
withdrawal of the request for review for Niran.

DATES: Applicable February 3, 2021.

FOR FURTHER INFORMATION CONTACT: Joy Zhang, 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) 482-1168.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2020, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on citric acid from Thailand for the period July 
1, 2019, through June 30, 2020.\1\ Based on timely requests from COFCO 
Biochemical (Thailand) Co., Ltd. (COFCO), Sunshine Biotech 
International Co., Ltd. (Sunshine), and Archer Daniels Midland Company, 
Cargill, Incorporated, and Tate & Lyle Ingredients Americas LLC, 
domestic producers of the subject merchandise and petitioners in the 
original investigation (collectively, the petitioners),\2\ on September 
3, 2020, in accordance with 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act), Commerce published in the Federal Register a notice 
of initiation of administrative review covering COFCO, Sunshine, and 
Niran.\3\ On September 17, 2020, Commerce selected COFCO and Sunshine 
for individual examination and issued the antidumping duty 
questionnaire to the companies.\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 39531 (July 1, 2020).
    \2\ See COFCO's Letter, ``Citric Acid and Certain Citrate Salts 
from Thailand: Request for Administrative Review,'' dated July 28, 
2020; see also Sunshine's Letter, ``Antidumping Duty Investigation 
of Citric Acid and Certain Citrate Salts from Thailand: Sunshine 
Biotech Request for Review,'' dated July 31, 2020; and Petitioners' 
Letter, ``Citric Acid and Certain Citrate Salts From Thailand: 
Petitioners' Request For Administrative Review,'' dated July 30, 
2020 (the petitioners requested review of COFCO, Sunshine, and 
Niran).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 172 (September 3, 2020).
    \4\ See Memorandum, ``Antidumping Duty Administrative Review of 
Citric Acid and Certain Citrate Salts from Thailand; 2019-2020: 
Selection of Respondents for Individual Examination,'' dated 
September 17, 2020. See also Antidumping Questionnaires sent to 
COFCO and Sunshine, dated September 21, 2020.
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    On September 18, 2020, Niran filed a no-shipment certification.\5\ 
On October 8, 2020, U.S. Customs and Border Protection (CBP) confirmed 
that there were no shipments of subject merchandise from Niran during 
the

[[Page 7990]]

POR.\6\ On November 19, 2020, the petitioners withdrew their request 
for an administrative review with respect to Niran.\7\
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    \5\ See Niran's Letter, ``Citric Acid and Certain Citrate Salts 
from Thailand: No Shipment Certification,'' dated September 18, 
2020.
    \6\ See Memorandum, ``Citric Acid and Certain Citrate Salts from 
Thailand (A-549-833): No shipments inquiry with respect to the 
company listed below during the period 7/1/2019 through 6/30/2020,'' 
dated October 9, 2020.
    \7\ See Petitioners' Letter, ``Citric Acid and Certain Citrate 
Salts From Thailand: Partial Withdrawal of Request For 
Administrative Review,'' dated November 19, 2020.
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Scope of the Order

    The merchandise covered by the order is citric acid and certain 
citrate salts from Thailand. 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 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.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. The 
aforementioned withdrawal request was timely submitted, and no other 
interested party requested an administrative review of this particular 
company. Therefore, in accordance with 19 CFR 351.213(d)(1), and 
consistent with our practice,\8\ we are rescinding this review of the 
antidumping duty order on citric acid from Thailand, in part, with 
respect to Niran.
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    \8\ See, e.g., Certain Lined Paper Products from India: Notice 
of Partial Rescission of Antidumping Duty Administrative Review and 
Extension of Time Limit for the Preliminary Results of Antidumping 
Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also 
Carbon Steel Butt-Weld Pipe Fittings from Thailand: Rescission of 
Antidumping Duty Administrative Review, 74 FR 7218 (February 13, 
2009).
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    The review will continue with respect to COFCO and Sunshine.

Assessment

    Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries. For Niran, for which this review is rescinded, 
antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period July 1, 
2019, through June 30, 2020, in accordance with 19 CFR 
351.212(c)(1)(i). Commerce intends to issue appropriate assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of this rescission notice in the Federal Register.

Notification to Importers

    This notice serves as a 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 Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3), which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order 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

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: January 29, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-02232 Filed 2-2-21; 8:45 am]
BILLING CODE 3510-DS-P