[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49442-49443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16201]


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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; 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 (AD) order on citric acid 
and certain citrate salts (citric acid) from Belgium. We preliminarily 
determine that Citribel nv. (Citribel), formerly S.A. Citrique Belge 
N.V. (Citrique Belge), sold subject merchandise in the United States at 
prices below normal value during the July 1, 2021, through June 30, 
2022, period of review (POR). We invite interested parties to comment 
on these preliminary results.

DATES: Applicable July 31, 2023.

FOR FURTHER INFORMATION CONTACT: 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) 482-4521.

SUPPLEMENTARY INFORMATION: 

Background

    On July 25, 2018, Commerce published the AD order on citric acid 
from Belgium 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 AD administrative review of the Order with 
respect to one company, Citribel.\2\ During the course of this 
administrative review, Citribel responded to Commerce's questionnaire 
and supplemental questionnaires. On March 1, 2023, Commerce extended 
the deadline for issuing the preliminary results of this review to July 
28, 2023.\3\ For further details, see the accompanying 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). Immediately 
prior to the initiation of this review, on July 29, 2022, Commerce 
completed a changed circumstances review, in which we determined 
that Citribel nv. is the successor-in-interest to S.A. Citrique 
Belge N.V., the sole respondent in all prior administrative reviews 
and the investigation of the Order. As a result, Citribel nv. is 
accorded the same AD cash deposit treatment as Citrique Belge with 
respect to subject merchandise. See Citric Acid and Certain Citrate 
Salts from Belgium: Final Results of Antidumping Duty Changed 
Circumstances Review, 87 FR 45750 (July 29, 2022) (Citric Acid 
Belgium CCR). As this name change occurred during the period of 
review and, thus, entries subject to this administrative review were 
made using both company names, both company names were listed in the 
Initiation Notice. Nevertheless, S.A. Citrique Belge N.V. and 
Citribel nv. represent the same respondent entity.
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated March 1, 2023.
    \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. Commerce calculated export price in accordance with 
section 772(a) 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. See the 
appendix to this notice for a complete list of the topics discussed in 
the Preliminary Decision Memorandum. 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 
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, 2021, through June 
30, 2022:

------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
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Citribel nv.........................................               8.22
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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.\5\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of these 
preliminary results of review in the Federal Register.\6\ 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.\7\ 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.\8\ 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.\9\
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)(1)(ii).
    \7\ 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).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 351.303 
(for general filing requirements).
    \9\ 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.\10\ Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants; and (3)

[[Page 49443]]

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.\11\ Parties should confirm the date, time and location of 
the hearing by telephone two days before the scheduled date.
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    \10\ See 19 CFR 351.310(c).
    \11\ 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.\12\
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    \12\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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 Citribel (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).\13\ 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.\14\ If Citribel'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.'' \15\
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    \13\ As explained above, we determined that Citribel is the 
successor-in-interest to Citrique Belge. See Citric Acid Belgium 
CCR. This name change occurred during the period of review; thus, 
entries subject to this administrative review were made using both 
company names. Accordingly, we intend to issue assessment 
instructions covering entries produced and exported by both Citrique 
Belge and Citribel during the POR at the rate established in the 
final results.
    \14\ See 19 CFR 351.106(c)(2).
    \15\ 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 
Citribel 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 (i.e., 19.30 percent) \16\ if 
there is no rate for the intermediate company (or companies) involved 
in the transaction.\17\
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    \16\ See Order, 83 FR at 35215.
    \17\ 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 Citribel 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.\18\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \18\ 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. Application of Facts Available and Use of Adverse Inferences
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-16201 Filed 7-28-23; 8:45 am]
BILLING CODE 3510-DS-P