MESSAGE NO: 9016202 DATE: 1/16/2009

CATEGORY: CVD TYPE: ADM

REFERENCE: REFERENCE DATE:

CASES: C-570-938

PERIOD COVERED: 01/17/2009

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: DISCONTINUATION OF SUSPENSION OF LIQUIDATION IN THE, COUNTERVAILING
DUTY INVESTIGATION OF CITRIC ACID &, CERTAIN CITRATE SALTS FROM CHINA
(C-570-938)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1\. IN KEEPING WITH THE WORLD TRADE ORGANIZATION AGREEMENT

ON SUBSIDIES AND COUNTERVAILING MEASURES, THE DEPARTMENT IS

DISCONTINUING THE SUSPENSION OF LIQUIDATION ON THE

COUNTERVAILING DUTY INVESTIGATION OF CITRIC ACID AND CERTAIN

CITRATE SALTS FROM THE PEOPLES REPUBLIC OF CHINA EFFECTIVE

JANUARY 17, 2009, WHICH IS 120 DAYS AFTER THE DATE OF

PUBLICATION OF THE PRELIMINARY DETERMINATION (73 FR 54367,

SEPTEMBER 19, 2008).

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\. FIELD OFFICES SHOULD DISCONTINUE THE SUSPENSION OF

LIQUIDATION FOR COUNTERVAILING DUTY PURPOSES ON ALL SHIPMENTS

OF SUBJECT MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE,

FOR CONSUMPTION ON OR AFTER JANUARY 17, 2009. THE SUSPENSION

OF LIQUIDATION WILL NOT BE RESUMED UNLESS AND UNTIL THE

DEPARTMENT OF COMMERCE PUBLISHES THE COUNTERVAILING DUTY ORDER

IN THIS CASE. FIELD OFFICES SHALL CONTINUE TO SUSPEND

LIQUIDATION ON ALL SHIPMENTS ENTERED, OR WITHDRAWN FROM

WAREHOUSE, FOR CONSUMPTION MADE DURING THE PERIOD,

SEPTEMBER 19, 2008, THROUGH JANUARY 16, 2009, UNTIL THE

CONCLUSION OF THIS COUNTERVAILING DUTY INVESTIGATION.

5\. THE DISCONTINUATION DOES NOT AFFECT THE REQUIREMENTS OF A

CASH DEPOSIT OR BOND ON ENTRIES SUBJECT TO THE SUSPENSION OF

LIQUIDATION ANNOUNCED IN THE DEPARTMENT OF COMMERCE\'S

PRELIMINARY DETERMINATION IN THE COMPANION ANTIDUMPING DUTY

INVESTIGATION OF CITRIC ACID AND CERTAIN CITRATE SALTS FROM

THE PEOPLE\'S REPUBLIC OF CHINA.

6\. 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 THE 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:DJF).

7\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS

INFORMATION.

DAVID M. GENOVESE