[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Notices]
[Pages 60867-60869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16641]


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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; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Sucroal S.A. (Sucroal) did not sell citric acid and certain 
citrate salts (citric acid) from Colombia at less than normal value 
(NV) during the period of review (POR), July 1, 2022, through June 30, 
2023. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable July 29, 2024.

FOR FURTHER INFORMATION CONTACT: T.J. Worthington, 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) 482-4567.

SUPPLEMENTARY INFORMATION:

Background

    On July 25, 2018, Commerce published in the Federal Register the 
antidumping duty (AD) order on citric acid from Colombia.\1\ On July 3, 
2023, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order.\2\ On 
September 11, 2023, based on timely requests for review, in accordance 
with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative 
review of the Order covering one company.\3\ Pursuant to section 
751(a)(3)(A) of the Act, Commerce extended the deadline for the 
preliminary results until July 30, 2024.\4\ On July 22, 2024, Commerce 
tolled certain deadlines in this proceeding by seven days.\5\ The 
deadline for the preliminary results is now August 6, 2024.
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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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62322 (September 11, 2023).
    \4\ See Memorandum, ``Second Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated May 21, 2024.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\6\ A 
list of topics included in the Preliminary Decision Memorandum is 
included in 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.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Citric Acid 
and Certain Citrate Salts from Colombia; 2022-2023,'' dated 
concurrently with, and adopted by, this notice (Preliminary Decision 
Memorandum).

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[[Page 60868]]

Scope of the Order

    The merchandise subject to the Order is citric acid from Colombia. 
For a complete description of the scope, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price is calculated in accordance with 
section 772 of the Act. NV is calculated in accordance with section 773 
of the Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine the following weighted-average dumping 
margin exists for the period July 1, 2022, through June 30, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Sucroal S.A.................................................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after the date of publication of this notice in the Federal 
Register.\7\ Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs to Commerce no 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 not later than five days after the 
date for filing case briefs.\8\ Interested parties who submit case 
briefs or rebuttal briefs in this proceeding must submit: (1) a table 
of contents listing each issue; and (2) a table of authorities.\9\
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(d).
    \9\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\10\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results of this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\11\
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    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \11\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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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. 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. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Assessment Rates

    Upon completion of this administrative review, pursuant to section 
751(a)(2)(A) of the Act, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, ADs on all appropriate entries of 
subject merchandise.
    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., less than 0.50 percent) in the final results of this 
review, we will calculate importer-specific ad valorem AD assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1). If the respondent has 
not reported entered values, we will calculate a per-unit assessment 
rate for each importer by dividing the total amount of dumping 
calculated for the examined sales made to that importer by the total 
quantity associated with those sales. To determine whether an importer-
specific, per-unit assessment rate is de minimis, in accordance with 19 
CFR 351.106(c)(2), we also will calculate an importer-specific ad 
valorem ratio based on estimated entered values. 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, 
we intend to instruct CBP to liquidate appropriate entries without 
regard to ADs.\12\
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    \12\ 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 that the merchandise was 
destined for the United States, we will instruct CBP to liquidate such 
entries at the all-others rate (i.e., 28.48 percent) if there is no 
rate for the intermediate company(ies) involved in the transaction.\13\
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    \13\ See Order, 83 FR at 35215; see also 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 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 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 rates will be zero; (2) 
for previously reviewed or investigated companies not participating in 
this review, 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 producer or exporter participated; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original investigation but the producer is, the cash deposit rate will 
be the rate

[[Page 60869]]

established for the most recently completed segment of this proceeding 
for the producer of the subject 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.\14\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \14\ See Order, 83 FR at 35215.
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Final Results of Review

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results 
of this administrative review, including the results of our analysis of 
the issues raised by the parties in their case briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Notification to Importers

    This notice also 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 ADs 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 ADs occurred and the subsequent assessment of doubled ADs.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213(h)(2), and 19 CFR 351.221(b)(4).

    Dated: July 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Currency Conversion
VI. Recommendation

[FR Doc. 2024-16641 Filed 7-26-24; 8:45 am]
BILLING CODE 3510-DS-P