MESSAGE NO: 8275210 DATE: 10/1/2008

CATEGORY: CVD TYPE: PRE

REFERENCE: REFERENCE DATE:

CASES: C-570-938

PERIOD COVERED: 09/19/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF PRELIMINARY DETERMINATION IN A COUNTERVAILING, DUTY
INVESTIGATION OF CITRIC ACID AND CERTAIN CITRATE, SALTS FROM PEOPLES
REPUBLIC OF CHINA (C-570-938)

1\. ON SEPTEMBER 19 2008, THE DEPARTMENT OF COMMERCE PUBLISHED

IN THE FEDERAL REGISTER ITS PRELIMINARY AFFIRMATIVE

DETERMINATION AND ALIGNMENT OF ITS FINAL COUNTERVAILING DUTY

DETERMINATION OF CITRIC ACID AND CERTAIN CITRATE SALTS FROM THE

PEOPLE?S REPUBLIC OF CHINA FROM NOVEMBER 26, 2008 UNTIL NO

LATER THAN JANUARY 26, 2009, UNLESS POSTPONED, THEREBY ALIGNING

IT WITH THE DUE DATE FOR THE FINAL DETERMINATION IN THE

ANTIDUMPING DUTY INVESTIGATION OF CITRIC ACID AND CERTAIN

CITRATE SALTS FROM CANADA AND THE PEOPLE\'S REPUBLIC OF CHINA.

2\. THE SCOPE OF THIS INVESTIGATION 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 OF THIS INVESTIGATION 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 OF THIS INVESTIGATION

DOES NOT INCLUDE CALCIUM CITRATE THAT SATISFIES THE STANDARDS

SET FORTH IN THE UNITED STATES PHARMACOPEIA AND HAS BEEN MIXED

WITH A FUNCTIONAL EXCIPIENT, SUCH AS DEXTROSE OR STARCH, WHERE

THE EXCIPIENT CONSTITUTES AT LEAST 2 PER CENT, BY WEIGHT, OF

THE PRODUCT. THE SCOPE OF THIS INVESTIGATION 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. 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 3824.90.9290 OF THE HTSUS, RESPECTIVELY.

BLENDS

THAT INCLUDE CITRIC ACID, SODIUM CITRATE, AND POTASSIUM CITRATE

ARE CLASSIFIABLE UNDER 3824.90.9290 OF THE HTSUS. ALTHOUGH THE

HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS

PURPOSES, THE WRITTEN DESCRIPTION OF THE MERCHANDISE IS

DISPOSITIVE.

3\. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED

INVESTIGATION NUMBER C-570-938.

4\. FOR IMPORTS OF CITRIC ACID AND CERTAIN CITRATE SALTS FROM

THE PEOPLE\'S REPUBLIC OF CHINA, THE BUREAU OF CUSTOMS AND

BORDER PROTECTION SHALL SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS

ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR

AFTER SEPTEMBER 19, 2008. EFFECTIVE SEPTEMBER 19, 2008 CUSTOMS

SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING

OF A BOND EQUAL TO THE SUBSIDY RATES SHOWN BELOW:

CUSTOMS ID

MFR/PRODUCER/EXPORTER

AD VALOREM/ SUBSIDY RATE

C-570-938-001

TTCA CO., LTD.

1.41

C-570-938-002

YIXING UNION

BIOCHEMICAL CO., LTD.; AND

YIXING UNION

COGENERATION CO., LTD.

3.92

C-570-938-003

ANHUI BBCA

BIOCHEMICAL CO., LTD.

97.72

ALL-OTHERS

C-570-938-000

2.67

5\. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM

OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS

APPLY:

A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE

ITS OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH

DEPOSIT OR BONDING RATE WILL BE THE MANUFACTURER\'S RATE.

B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY

HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE

ALL-OTHER RATE OF 2.67 PERCENT TO ESTABLISH THE CASH DEPOSIT OR

BONDING RATE.

6\. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP,

CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC

IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION

AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED

COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR

THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION

TO POST A BOND FOR ESTIMATED COUNTERVAILING DUTIES, CUSTOMS

OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND

ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO

ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE

BONDING REQUIREMENTS.

7\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP

OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD

OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984

OR (202) 482-3577 RESPECTIVELY GENERATED BY O1:SMA.

8\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

DAVID M. GENOVESE