[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35214-35216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15885]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-813, A-301-803, and A-549-833]


Citric Acid and Certain Citrate Salts From Belgium, Colombia and 
Thailand: Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing antidumping duty (AD) orders on citric acid and 
certain citrate salts (citric acid) from Belgium, Colombia and 
Thailand.

DATES: Applicable July 25, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Stolz (Belgium), Stephanie Moore 
(Colombia) or Joy Zhang (Thailand); 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) 482-4474, (202) 482-3692, (202) 482-1168, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 5, 2018, in accordance with sections 735(d) and 777(i)(1) 
of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.210(c), 
Commerce published its affirmative final determinations in the less-
than-fair-value (LTFV) investigations of citric acid from Belgium, 
Colombia and Thailand.\1\ On July 10, 2018, the ITC notified Commerce 
of its affirmative final determination, pursuant to section 735(d) of 
the Act, that an industry in the United States is materially injured 
within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of 
the LTFV imports of citric acid from Belgium, Colombia, and Thailand, 
and its determination that critical circumstances do not exist with 
respect to imports of citric acid from Thailand subject to Commerce's 
affirmative critical circumstances determination.\2\ On July 16, 2018, 
the ITC published its final determination in the Federal Register.\3\
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    \1\ See Citric Acid and Certain Citrate Salts from Belgium: 
Affirmative Final Determination of Sales at Less Than Fair Value, 83 
FR 26001 (June 5, 2018) (Belgium Final Determination); see also 
Citric Acid and Certain Citrate Salts from Colombia: Affirmative 
Final Determination of Sales at Less Than Fair Value and Final 
Negative Determination of Critical Circumstances, 83 FR 26002 (June 
5, 2018) (Colombia Final Determination); and Citric Acid and Certain 
Citrate Salts from Thailand: Affirmative Final Determination of 
Sales at Less Than Fair Value and Final Affirmative Determination of 
Critical Circumstances in Part, 83 FR 25998 (June 5, 2018) (Thailand 
Final Determination).
    \2\ See Letter from the ITC to the Honorable Gary Taverman, 
dated July 10, 2018 (Notification of ITC Final Determination); see 
also Citric Acid from Belgium, Colombia, and Thailand, Investigation 
Nos. 731-TA-1374-1376 (Final) (July 2018). On October 20, 2017, the 
petitioners submitted a timely filed critical circumstances 
allegation with respect to imports from Colombia and Thailand. 
Commerce subsequently issued a negative critical circumstances 
determination with regard to the investigation for Colombia and, 
thus, the ITC did not address critical circumstances for Colombia in 
its final injury determination.
    \3\ See Citric Acid from Belgium, Colombia, and Thailand; 
Determinations, 83 FR 32905 (July 16, 2018).

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[[Page 35215]]

Scope of the Order

    The product covered by these orders is citric acid from Belgium, 
Colombia, and Thailand. For a complete description of the scope of 
these orders, see the Appendix to this notice.

Antidumping Duty Orders

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC notified Commerce of its final determination in these 
investigations that an industry in the United States is materially 
injured by reason of imports of citric acid from Belgium, Colombia, and 
Thailand.\4\ The ITC also notified Commerce of its determination that 
critical circumstances do not exist with respect to imports of citric 
acid from Thailand subject to Commerce's critical circumstances 
finding.\5\ Therefore, in accordance with section 735(c)(2) of the Act, 
Commerce is issuing these AD orders. Because the ITC determined that 
imports of citric acid from Belgium, Colombia, and Thailand are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Belgium, Colombia, and Thailand, entered or withdrawn 
from warehouse for consumption, are subject to the assessment of 
antidumping duties. Therefore, in accordance with section 736(a)(1) of 
the Act, Commerce will direct U.S. Customs and Border Protection (CBP) 
to assess, upon further instruction by Commerce, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of citric acid from Belgium, 
Colombia, and Thailand. Antidumping duties will be assessed on 
unliquidated entries of citric acid from Belgium, Colombia, and 
Thailand entered, or withdrawn from warehouse for consumption, on or 
after January 8, 2018, the date on which Commerce published its 
preliminary determinations in the Federal Register.\6\
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    \4\ See Notification of ITC Final Determination.
    \5\ Id.
    \6\ See Citric Acid and Certain Citrate Salts from Belgium: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 83 FR 787 (January 1, 2018); see also Citric 
Acid and Certain Citrate Salts from Colombia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Preliminary Negative Critical Circumstances Determination 
Postponement of Final Determination, and Extension of Provisional 
Measures, 83 FR 791 (January 1, 2018), and Citric Acid and Certain 
Citrate Salts from Thailand: Preliminary Affirmative Determination 
of Sales at Less Than Fair Value, Preliminary Affirmative Critical 
Circumstances Determination, in Part, and Postponement of Final 
Determination and Extension of Provisional Measures, 83 FR 784 
(January 1, 2018).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct CBP to continue to suspend liquidation of all relevant entries 
of citric acid from Belgium, Colombia, and Thailand. These instructions 
suspending liquidation will remain in effect until further notice.
    Commerce will also instruct CBP to require cash deposits for 
estimated antidumping duties equal to the estimated cash deposit rates 
indicated below. Accordingly, effective the date of publication of the 
ITC's final affirmative injury determination, CBP will require, at the 
same time as importers would normally deposit estimated duties on the 
subject merchandise, a cash deposit equal to the cash deposit rates 
listed below. The relevant all-others rates apply to producers or 
exporters not specifically listed, as appropriate.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination regarding imports of citric acid from Thailand, Commerce 
will instruct CBP to lift suspension and refund any cash deposits made 
to secure payment of estimated antidumping duties on subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after October 10, 2017, (i.e., 90 days prior to the date of publication 
of the Thailand preliminary determination), but before January 8, 2018, 
(i.e., the date of publication of the Thailand preliminary 
determination).

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average AD margins and cash deposit rates 
are as follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
               Belgium--exporter/producer                   average AD
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
S.A. Citrique Belge N.V.................................          19.30%
All Others..............................................          19.30%
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------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
               Colombia--exporter/producer                  average AD
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Sucroal S.A.............................................          28.48%
All Others..............................................          28.48%
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
               Thailand--exporter/producer                  average AD
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd...................          15.71%
Niran (Thailand) Co., Ltd...............................          13.00%
Sunshine Biotech International Co., Ltd.................           6.47%
All Others..............................................          11.25%
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the AD orders with respect to citric acid 
from Belgium, Colombia, and Thailand, pursuant to section 736(a) of the 
Act. Interested parties can find a list of AD orders currently in 
effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: July 19, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Orders

    The merchandise covered by 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 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 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

[[Page 35216]]

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.

[FR Doc. 2018-15885 Filed 7-24-18; 8:45 am]
 BILLING CODE 3510-DS-P