[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Notices]
[Pages 45751-45753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16305]


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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; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that S.A. Citrique Belge N.V. (Citrique Belge) did not sell 
subject merchandise in the United States at prices below normal value 
during the July 1, 2020, through June 30, 2021, period of review (POR). 
We invite interested parties to comment on these preliminary results.

DATES: Applicable July 29, 2022.

FOR FURTHER INFORMATION CONTACT: David Lindgren and Deborah Cohen, 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) 482-1671 and 202-482-
4521, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 25, 2018, Commerce published the antidumping duty (AD) 
order on citric acid and certain citrate salts (citric acid) from 
Belgium in the Federal Register.\1\ On September 7, 2021, pursuant to 
section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), 
Commerce initiated an AD administrative review of the Order.\2\ During 
the course of this administrative review, Citrique Belge responded to 
Commerce's questionnaire and supplemental questionnaires. On March 8, 
2022, Commerce extended the deadline for issuing the preliminary 
results of this review.\3\ For further details, see the Preliminary 
Decision Memorandum.\4\
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    \1\ See Citric Acid and Certain Citrate Salts from Belgium, 
Colombia and Thailand: Antidumping Duty Orders, 83 FR 35214 (July 
25, 2018) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated March 8, 2022.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Citric Acid 
and Certain Citrate Salts from Belgium; 2020-2021,'' 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. For a full description of the scope of the Order, see 
the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price has been calculated in accordance with 
section 772(a) of the Act and 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. 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 at

[[Page 45752]]

https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period July 1, 2020, through June 
30, 2021:

------------------------------------------------------------------------
                                                               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 performed in these 
preliminary results to parties in this proceeding within five days of 
the date of publication of this notice.\5\ Pursuant to 19 CFR 
351.309(c), interested parties may submit case briefs not 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 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\ Executive summaries should 
be limited to five pages total, including footnotes. Case and rebuttal 
briefs should be filed using ACCESS. Note that Commerce has temporarily 
modified certain portions of its requirements for serving documents 
containing business proprietary information, until further notice.\8\
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 351.303 
(for general filing requirements).
    \8\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), 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. An electronically-filed request must be received successfully 
in its entirely by 5:00 p.m. Eastern Time within 30 days of the date of 
publication of this notice in the Federal Register.\9\ Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of the issues to be discussed. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a time and date to be determined.\10\ Parties should confirm 
the date, time and location of the hearing by telephone two days before 
the scheduled date.
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised in 
any the written briefs, no later than 120 days after the date of 
publication of this notice, unless otherwise extended.\11\
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    \11\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If the weighted-average 
dumping margin for Citrique Belge (i.e., the sole individually-examined 
respondent in this review) is not zero or de minimis (i.e., greater 
than or equal to 0.5 percent) in the final results of this review, we 
will calculate importer-specific ad valorem assessment rates for the 
merchandise based on the ratio of the total amount of dumping 
calculated for the examined sales made during the POR to each importer 
and the total entered value of those same sales, in accordance with 19 
CFR 351.212(b)(1). Where an importer-specific ad valorem assessment 
rate is zero or de minimis in the final results of the review, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\12\ If Citrique Belge's weighted-average dumping 
margin is zero or de minimis in the final results of the review, we 
will instruct CBP not to assess duties on any of its entries in 
accordance with the Final Modification for Reviews, i.e., 
``{w{time} here the weighted-average margin of dumping for the exporter 
is determined to be zero or de minimis, no antidumping duties will be 
assessed.'' \13\
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    \12\ See 19 CFR 351.106(c)(2).
    \13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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    For entries of subject merchandise during the POR produced by 
Citrique Belge for which the producer did not know its merchandise 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 (or companies) involved in the transaction.\14\
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    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date 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 
\15\ will be equal to the weighted-average dumping margin 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 previously reviewed or investigated companies not listed 
above, 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 company participated; (3) if the exporter is 
not a firm covered in this review, a prior review, or in the 
investigation but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
the all-others rate of 19.30 percent, the rate established in the less-
than-fair-value investigation of this proceeding.\16\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \15\ On June 13, 2022, Commerce preliminarily determined that 
Citribel nv (Citribel) is the successor-in-interest to Citrique 
Belge. See Citric Acid and Certain Citrate Salts from Belgium: 
Notice of Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 87 FR 35738 (June 13, 2022). Should 
Commerce's final results in the changed circumstances review remain 
unchanged from these preliminary results, we intend to instruct CBP 
to assign entries of subject merchandise produced and/or exported by 
Citribel the AD cash deposit rate applicable to Citrique Belge. Id.
    \16\ See Order, 83 FR at 35215.

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[[Page 45753]]

Notification to Importers

    This notice serves as a preliminary 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 double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h)(1).

    Dated: July 22, 2022.
Lisa W. Wang,
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. Recommendation

[FR Doc. 2022-16305 Filed 7-28-22; 8:45 am]
BILLING CODE 3510-DS-P