[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Pages 20856-20857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07347]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-833]
Citric Acid and Certain Citrate Salts From Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Sunshine Biotech International Co., Ltd. made sales of
subject merchandise at less than normal value (NV) during the July 1,
2021, through June 30, 2022, period of review (POR) and that COFCO
Biochemical (Thailand) Co., Ltd. did not. Interested parties are
invited to comment on these preliminary results of review.
DATES: Applicable April 7, 2023.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Alex Cipolla, 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 or (202) 482-4956,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2022, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on citric acid and certain citrate
salts (citric acid) from Thailand.\1\ The period of review is July 1,
2021, through June 30, 2022. For a complete description of the events
that followed the initiation of this review, see the Preliminary
Decision Memorandum.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022) (Initiation
Notice).
\2\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Citric Acid and
Certain Citrate Salts from Thailand; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order \3\
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\3\ See Citric Acid and Certain Citrate Salts from Belgium,
Colombia, and Thailand: Antidumping Duty Orders, 83 FR 35214 (July
25, 2018) (Order).
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The merchandise covered by this Order is citric acid and sodium
citrate. 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)(1)(B) of the Tariff Act of 1930, as amended (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 included as the 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 http://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2021,
through June 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd. (COFCO)............. 0.00
Sunshine Biotech International Co., Ltd.................... 0.78
Xitrical Group Co., Ltd.................................... 0.78
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Rate for Company Not Individually Examined
The statute and Commerce's regulations do not identify the dumping
margin to apply to respondents not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, when calculating
margins for non-selected respondents, Commerce looks to section
735(c)(5) of the Act for guidance, which provides instructions for
calculating the all-others rate in an investigation. Section
735(c)(5)(A) of the Act provides that when calculating the all-others
rate, Commerce will exclude any zero and de minimis weighted-average
dumping margins, as well as any weighted-average dumping margins based
on total facts available. Where the dumping margins for individually
examined respondents are all zero, de minimis, or based entirely on
facts available, section 735(c)(5)(B) of the Act provides that Commerce
may use ``any reasonable method to establish the estimated all-others
rate for exporters and producers not individually investigated,
including averaging the estimated weighted-average dumping margins
determined for the exporters and producers individually investigated.''
We are preliminarily applying to Xitrical Group Co. Ltd, (the sole
company not selected for individual examination) the weighted-average
dumping margin of Sunshine Biotech International Co., Ltd., which is
not zero, de minimis, or determined entirely on the basis of facts
available.
Disclosure
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to the Assistant Secretary for Enforcement and Compliance not
later than 30 days after the date of publication of this notice, unless
Commerce alters the time limit. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than seven days after
the date for filing case briefs.\4\ Parties who submit case briefs or
rebuttal briefs in this administrative review are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the
[[Page 20857]]
argument; and (3) a table of authorities.\5\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\6\
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\4\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\5\ See 19 CFR 351.309(c)(2) and (d)(2).
\6\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); and 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), 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 document must be received successfully
in its entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\7\ Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act, unless extended.
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\7\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\8\ If a
respondent's weighted-average dumping margin for companies listed above
is above de minimis in the final results of this review, we will
calculate importer-specific assessment rates based on the ratio of the
total amount of dumping calculated for each importer's examined sales
and the total entered value of the sales in accordance with 19 CFR
351.212(b)(1).\9\ If a respondent's weighted-average dumping margin or
an importer-specific assessment rate is zero or de minimis in the final
results of review, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties in accordance with the
Final Modification for Reviews.\10\ The final results of this
administrative review shall be the basis for the assessment of
antidumping duties on entries of merchandise under review and for
future deposits of estimated duties, where applicable.
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\8\ See 19 CFR 351.212(b).
\9\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\10\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
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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 deposit requirements will be effective 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 the companies
listed above will be that established in the final results of this
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 investigated or
reviewed companies not covered in this review, the cash deposit rate
will continue to be the company-specific cash deposit 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, or the less-than-fair-value (LTFV) investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 11.25 percent, the all-others rate
established in the LTFV investigation.\11\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\11\ See Order.
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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 period of review. 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
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4).
Dated: April 3, 2023.
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. 2023-07347 Filed 4-6-23; 8:45 am]
BILLING CODE 3510-DS-P