[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48794-48795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16032]



[[Page 48794]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-301-803]


Citric Acid and Certain Citrate Salts From Colombia: 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) is conducting an 
administrative review of the antidumping duty order on citric acid and 
certain citrate salts (citric acid) from Colombia. We preliminarily 
determine that Sucroal S.A. (Sucroal) sold subject merchandise in the 
United States at prices below normal value during the period of review 
(POR), July 1, 2021, through June 30, 2022. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable July 28, 2023.

FOR FURTHER INFORMATION CONTACT: Patrick Barton, 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) 482-0012.

SUPPLEMENTARY INFORMATION: 

Background

    On July 25, 2018, Commerce published the antidumping duty order on 
citric acid from Colombia in the Federal Register.\1\ On September 6, 
2022, pursuant to section 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act), Commerce initiated an administrative review of the 
Order.\2\ On March 6, 2023, Commerce extended the deadline for issuing 
the preliminary results of this review to July 28, 2023.\3\ For a 
complete description of the events that followed the initiation of this 
administrative review, 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, 87 FR 54463 (September 6, 2022).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 6, 
2023.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Citric Acid and Certain Citrate Salts from Colombia; 2021-2022,'' 
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.\5\
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    \5\ Id.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Commerce calculated export price in accordance with 
section 772 of the Act, and normal value 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 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 
https://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 Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period July 1, 2021, through June 
30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Sucroal S.A.................................................        6.10
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice.\6\ Interested parties may comment on the 
preliminary results of this review by submitting case briefs no later 
than 30 days after the date of publication of these preliminary results 
of review in the Federal Register.\7\ 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.\8\ 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.\9\ Executive summaries 
should be limited to five pages total, including footnotes. Case and 
rebuttal briefs should be filed using ACCESS.\10\ Note that Commerce 
has temporarily modified certain portions of its requirements for 
serving documents containing business proprietary information, until 
further notice.\11\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ 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).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See generally 19 CFR 351.303.
    \11\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, 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.\12\ 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.\13\ Parties should confirm 
the date, time, and location of the hearing by telephone two days 
before the scheduled date.
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    \12\ See 19 CFR 351.310(c).
    \13\ 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 
case briefs, no later than 120 days after the date of publication of 
this notice, unless otherwise extended, pursuant to 751(a)(3)(A) of the 
Act.

Assessment Rates

    Upon issuance of the final results of this 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 Sucroal (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, then we will calculate importer-specific ad 
valorem assessment rates for the

[[Page 48795]]

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 either a respondent's weighted-average dumping 
margin is zero or de minimis, or 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.\14\
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    \14\ See 19 CFR 351.106(c)(2) see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by 
Sucroal 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.\15\
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    \15\ 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 Sucroal 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 28.48 percent, 
the rate established in the investigation of this proceeding.\16\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \16\ See Order, 83 FR at 35215.
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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 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 
351.221(b)(4).

    Dated: July 24, 2023.
Abdelali Elouaradia,
Deputy 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. Duty Absorption
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2023-16032 Filed 7-27-23; 8:45 am]
BILLING CODE 3510-DS-P