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[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 72-73]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29114]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-937, C-570-938]

Citric Acid and Certain Citrate Salts From the People's Republic 
of China: Continuation of Antidumping Duty and Countervailing Duty 
Orders

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping (AD) and countervailing duty (CVD) 
orders on citric acid and certain citrate salts from the People's 
Republic of China (China) would likely lead to a continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, Commerce is publishing a notice of 
continuation of the AD and CVD orders.

DATES: Applicable January 4, 2021.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, 
Office II, or Zachary Shaykin, AD/CVD Operations, Office IV, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4798 and (202) 482-2638, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 29, 2009, Commerce published in the Federal Register a 
notice of the AD and CVD orders on citric acid and certain citrate 
salts from China.\1\ On May 1, 2020, Commerce initiated,\2\ and the ITC 
instituted,\3\ the second sunset review of the Orders, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Citric Acid and Certain Citrate Salts from Canada and 
the People's Republic of China: Antidumping Duty Orders, 74 FR 25703 
(May 29, 2009); see also Citric Acid and Certain Citrate Salts from 
the People's Republic of China: Notice of Countervailing Duty Order, 
74 FR 25705 (May 29, 2009) (collectively, Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 25386 
(May 1, 2020).
    \3\ See Citric Acid and Certain Citrate Salts from Canada and 
China; Institution of Five-Year Reviews, 85 FR 25475 (May 1, 2020).
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    As a result of its reviews, Commerce determined, pursuant to 
sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of dumping and 
countervailable subsidies. Commerce therefore notified the ITC of the 
magnitude of the margins of dumping and subsidy rates likely to prevail 
should these Orders be revoked.\4\ On December 21, 2020, the ITC 
published its determination that revocation of the Orders would likely 
lead to a continuation or recurrence of material injury to an industry 
in the United States within a reasonably foreseeable time, pursuant to 
sections 751(c) and 752(a) of the Act.\5\
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    \4\ See Citric Acid and Certain Citrate Salts from the People's 
Republic of China: Final Results of Second Expedited Sunset Review 
of Antidumping Duty Order, 85 FR 50009 (August 17, 2020), and 
accompanying Issues and Decision Memorandum; see also Citric Acid 
and Certain Citrate Salts from the People's Republic of China: Final 
Results of the Expedited Second Five-Year Sunset Review of the 
Countervailing Duty Order, 85 FR 54536 (September 2, 2020), and 
accompanying Issues and Decision Memorandum.
    \5\ See Citric Acid and Certain Citrate Salts from China (Inv. 
Nos. 701-TA-456 and 731-TA-1152 (Second Review)), 85 FR 84371 
(December 28, 2020); see also Citric Acid and Certain Citrate Salts 
from China (Inv. Nos. 701-TA-456 and 731-TA-1152 (Second Review)), 
USITC Pub. 5147 (December 2020).
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Scope of the Orders

    The scope of the orders 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 the order 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 the order 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 percent, by weight, of the 
product. The scope of the order 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, our written description of the 
scope is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or 
recurrence of dumping, countervailable subsidies and material injury to 
an industry in the United States, pursuant to section 751(d)(2) of the 
Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of 
the Orders. U.S. Customs and Border Protection will

[[Page 73]]

continue to collect AD and CVD cash deposits at the rates in effect at 
the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year (sunset) 
reviews of these Orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-29114 Filed 12-31-20; 8:45 am]
BILLING CODE 3510-DS-P
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