[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52128-52129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16820]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-833]


Citric Acid and Certain Citrate Salts From Thailand: Final 
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) 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.

DATES: Applicable August 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 April 7, 2023, Commerce published the Preliminary Results.\1\ We 
invited interested parties to comment on the Preliminary Results.\2\ No 
interested party submitted comments on the Preliminary Results. 
Accordingly, the final results remain unchanged from the Preliminary 
Results. Commerce conducted this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Citric Acid and Certain Citrate Salts from Thailand: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 20856 (April 7, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Preliminary Results, 88 FR at 20857.
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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 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

[[Page 52129]]

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.

Final Results of the Review

    We determine that the following weighted-average dumping margins 
exist for the period July 1, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
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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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Disclosure and Public Comment

    As noted above, Commerce received no comments on its Preliminary 
Results. As a result, we have not modified our analysis, and will not 
issue a decision memorandum to accompany this Federal Register notice. 
Further, because we have not changed our calculations since the 
Preliminary Results, there are no new calculations to disclose in 
accordance with 19 CFR 351.224(b) for these final results. We are 
adopting the Preliminary Results as the final results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. We will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of the 
importer's sales in accordance with 19 CFR 351.212(b)(1).
    Where the respondent's weighted-average dumping margin is either 
zero or de minimis within the meaning of 19 CFR 351.106(c), or an 
importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\4\
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    \4\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    The assessment rate for the company not selected for individual 
examination (i.e., Xitrical Group Co. Ltd.) will be equal to the 
weighted-average dumping margin identified in the final results of 
review.
    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.\5\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \5\ See Order, 83 FR at 35214.
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Notification to Importers

    This notice serves as a final 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: July 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-16820 Filed 8-4-23; 8:45 am]
BILLING CODE 3510-DS-P