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[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94706-94707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28023]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-833]

Citric Acid and Certain Citrate Salts From Thailand: Final 
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) determines that 
certain producers/exporters subject to this administrative review did 
not make sales of subject merchandise at less than normal value (NV) 
during the July 1, 2022, through June 30, 2023, period of review (POR).

DATES: Applicable November 29, 2024.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or Anjali Mehindiratta, 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) 482-1168 or (202) 
482-9127, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2024, Commerce published the preliminary results of 
the 2022-2023 administrative review of the antidumping duty order on 
citric acid and certain citrate salts (citric acid) from Thailand \1\ 
in the Federal Register and invited interested parties to comment.\2\ 
We received no comments from interested parties on the Preliminary 
Results, and we have made no changes to the Preliminary Results. 
Accordingly, no decision memorandum accompanies this Federal Register 
notice. The Preliminary Results are hereby adopted in these final 
results. Commerce conducted this administrative review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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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 Citric Acid and Certain Citrate Salts from Thailand: 
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023, 89 FR 62718 (August 1, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
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Scope of the Order

    The products covered by this Order include 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. For a full description of the scope of the Order, see 
the Preliminary Decision Memorandum.

Rate for Non-Selected Company

    The Act and Commerce's regulations do not directly address the 
establishment of a rate to be applied to individual companies not 
selected for examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual review in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this administrative review, we calculated dumping margins of 
zero percent for both mandatory respondents: COFCO Biochemical 
(Thailand) Co., Ltd. (COFCO) and Sunshine Biotech International Co., 
Ltd. (Sunshine). Thus, in accordance with the expected method, and 
consistent with the U.S. Court of Appeals for the Federal Circuit's 
decision in Albemarle,\3\ we assign to Xitrical Group Co. LTD., the 
sole non-selected company under review, a zero percent rate, based on 
the rates calculated for the two mandatory respondents.
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    \3\ See Albemarle Corp. v. United States, 821 F.3d 1345, 1352 
(Fed. Cir. 2016) (Albemarle) (holding that Commerce may only use 
``other reasonable methods'' if it reasonably concludes that the 
expected method is ``not feasible'' or ``would not be reasonably 
reflective of potential dumping margins'').
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Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period July 1, 2022, through June 30, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
COFCO Biochemical (Thailand) Co., Ltd.......................        0.00
Sunshine Biotech International Co., Ltd.....................        0.00
Xitrical Group Co. LTD......................................        0.00
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
of the final results of an administrative review within five days of a 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because we have made no changes to the Preliminary Results, there are 
no calculations to disclose.

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b), upon completion of the administrative review, Commerce 
shall determine, and U.S. Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise covered this review. Because the respondents' weighted-
average dumping margins or importer-specific assessment rates are zero 
or de minimis in the final results of review, we intend to instruct CBP 
to liquidate entries without regard to antidumping duties.\4\ The final 
results of this

[[Page 94707]]

administrative review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\5\
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    \4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102-03 (February 14, 
2012); see also 19 CFR 351.106(c)(2).
    \5\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent which did not know that its merchandise was destined for the 
United States, we will instruct CBP to liquidate entries not reviewed 
at the all-others rate established in the original less-than-fair value 
(LTFV) investigation (i.e., 11.25 percent) \6\ if there is no rate for 
the intermediate company(ies) involved in the transaction.
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    \6\ See Order, 83 FR at 35215.
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these 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 cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of citric acid from Thailand 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided for by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for the companies listed above will be equal 
to the weighted-average dumping margin established in the final results 
of this administrative review (i.e., 0.00 percent); (2) for merchandise 
exported by a company not covered in this review but covered in a prior 
completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published in the completed 
segment for the most recent period; (3) if the exporter is not a firm 
covered in this review or another completed segment of this proceeding, 
but the producer is, then the cash deposit rate will be the company-
specific rate established for the completed segment for the most recent 
period for the producer of the merchandise; and (4) the cash deposit 
rate for all other producers or exporters will continue to be 11.25 
percent, the all-others rate established in the less-than-fair-value 
investigation.\7\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \7\ Id.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation subject 
to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing the final results of this review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: November 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-28023 Filed 11-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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